Loading...
HomeMy WebLinkAboutJULY - SEPT 1983Bakers£ield, California, July 6, 1983 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., July 6, 1983. 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: Present: Mayor Shell. Councilmen Barton, Christensen, Means, Payne, Rockoff Absent: Councilman Ratty Minutes of the regular meetings of June were approved as presented. Mr. 15 and 22, 1983, tion, presented a 12' deems appropriate. Mayor Shell, SCHEDULED PUBLIC STATEMENTS Rollie ~oore, on behalf of Hodel Development Corpora- x 18' American Flag to be used as the Council on behalf of the citizens of Bakersfield, thanked Mr. Moore and Hodel Development Corporation for this very special gift. Cindie ~oore read the following prepared statement: At the public hearing, June 15th the recommenda- tion of the Business Development and Parking Committee and unanimous action of the Council to defeat a proposed Ordinance relative to Building Height included the formation of a citizen committee to facilitate downtown re- vitalization. I am here tonight to request your recognition of the "Central Bakersfield Rejuvenation Com- mittee." The citizens who compose the Committee include: Max Morris, Jerry Zulfa, Tom Coleman, Jerry Stanners, Ken Sorenson, Nancy Sewell, Mack Phillips, David Doll, John Garone, Larry Moxley, Chuck Tolfree, John Brock and myself. We have outlined the goals and objectives as follows: Obtain from a variety of sources information regarding incentives and procedures which attracted successful redevelopment of down- down areas in other communities. 130 Bakersfield, California, July 6, 1983 - Page 2 ment in rate package, was Committee. 2. Provide to Council and staff specific areas of our expertise, individually or collec- tively, as needed. 3. Review Redevelopment Plan, particularly relating to economic feasibility. 4. Develop with staff a list of available sites, Land Banked properties, powers and incentives already available from City. 5. Examine the process and content of agree- ments between the City and developers. 6. Generate ideas for projects, brainstorm "needs" to solve projects' problems in order to make them work, in other words - bring concepts to fruition. 7. Work with and encourage groups to promote an improved "image" of downtown. I submit this to you and request your ratifi- cation. Thank you. Councilman Rockoff stated this Committee and their goals are what the Council felt they would like to have after the dis- cussion pertaining to the High Rise Ordinance. Upon a motion by Councilman Rockoff, the Central Bakers- field Rejuvenation Committee and their goals and objectives, as presented, were recognized by the Council. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from W. E. Hill, 6005 Desert Hills Drive, dated June 18, 1983, urging the Council to vote in favor of the "No Smoking in the Work Area" issue, was received and referred to the Voucher Approval Committee. Upon a motion by Councilman Rockoff, communication from Cox Cable of Bakersfield, dated June 20, 1983, regarding an adjust- for their "Tier" package and a new entertainment received and referred to the Budget Review and Finance Upon a motion by Councilman Christensen, communication from Delphine Szczepkowski, 917 Pebble Beach Drive, dated June 21, 1983, thanking the Council, along with the majority of Kern City residents, for voting down the zone change requested by the owners Bakersfield, California, July 6, 1983 - Page 3 of the Kern City Golf Course, was received and ordered placed on file. Upon a motion by Councilman Means, communication from the City of Riverside, California, dated June 24, 1983, urging the Council to oppose AB 1958 (Walters), Liberalizing the Restrictions on Absentee Ballots, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from Mrs. Peggy Ahrens, 1901 Lacey Street, received June 29, 1983, expressing interest in purchasing the land adjacent to the Castle Park Sump, was received and referred to the Public Works Department Upon a motion by Councilman Christensen, communication from Gladys Jensen, 1105 Tangerine Street, and Luella Hampson, l101 Tangerine Street, dated July l, 1983, supporting Councilman Christensen's proposal to prohibit smoking in public places, was received and referred to the Voucher Approval Committee. Upon a motion by Councilman Rockoff, communication from LRG Properties, 1925 "H" Street, dated June 28, 1983~ r~uesting abandonment of the alley running east and west between l~th and 20~h Streets and ending at "H" and "G" Streets, was received and r~ferred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Means made the following statement: t ~am respectfully asking the City Council to not have secret budget meetings in Committee this year and open them to the public. Any Council member who does not have the guts to express his views in public should not run for office. Those who feel that public meetings unfairly slow down the process do not recognize that an open democratic process is the founda- tion to our government and that process may be more important than the final product. It is as important this year as ever, because we are almost $3,000,000 short of balancing the budget. The Council must make some very difficult decisions. The process that has occurred over the last two months of discussing the budget in each Committee has been very damaging to a fair process and is a violation of the Brown Act and is illegal. Members of this Council, the Mayor, the City Manager and the City Attorney are aware of that. The only remedy Bakersfield, California, July 6, 1983 - Page 4 to what has happened, so far, is to open the Budget Committee process to the public. Politicians complain about the lack of people that attend these public hearings, but I believe they do not attend because they feel that the decisions have already been made and their input would be useless. I am deeply concerned about the process, but I am also concerned that this current abuse grows out of the Council's lack of views as to how to balance the budget. The City Manager's response to that was to give us a budget that guarantees the implementation of the Garbage Tax. If the Budget Committee meetings are public I feel that, at least, there might be a reasonable discussion of a number of options to balance the budget. Then each member of the Committee and the Council can argue the merits of their proposals. Whatever the outcome the process will lead to a better informed public. I am not particularly concerned whether it is an open Committee hearing or the Council as a whole. Councilman Means made a motion that the Budget Review and Finance Committee's budget discussions this year be open to the public and the meetings scheduled at night. Councilman Rockoff stated he resents the fact that it has been suggested that there are dire, dreaded and dastardly deeds being conducted in the Committee meetings. There is a certain amount of efficiency gained in the closed meetings. The budget presented by the City Manager is public and anyone who takes an interest in what the budget contains can obtain a copy, study it and communicate with the Council during public sessions. After the budget comes back from the Committee there will be public hearings held. Unfortunately, the reaction ~rom the public during the last couple of years is that they do not care. The people who usually appear desire funds from the budget for worthwhile project~. Councilman Rockoff stated he does not feel that the public is being jeopardized because the budget is first reviewed by the Budget Review and Finance Committee. However, in the interest of relieving the fee~ing that seems to prevail, that something terrible is being done behind closed doors, he wil~ agree to open the meeting to the BaAersfleld, Californ±a, July 6, 1983 - Page public. tie also stated he would find it difficult to attend all the meetings if they are scheduled for the evening hours and requested some flexibility as to the hour the meetings will be scheduled. After considerable discussion, Councilman Means withdrew the portion of his motion that the meetings be scheduled at night. Councilman Means' amended motion that the Budget Review and Finance Committee's budget discussions, this year, be open to the public, carried by the following roll call vote: Ayes: Councilmen Barton, Means, Payne, Rockoff Noes: Councilman Christensen Absent: Councilman Ratty Mayor Shell stated she received a letter from the South East Enterprise Zone requesting support of Assembly Bills 40 and 514 before the Legislature on Enterprise Zone and requested that the matter be referred to the Legislative Committee. Upon a motion by Councilman Barton, letter from the South East Enterprise Zone requesting support of Assembly Bills 40 and 514 regarding Enterprise Zone, was referred to the Legislative Committee. Upon a motion by Councilman Barton, letter from the Downtown Business Association, dated June 16, 1983, submitting the 1983-84 Downtown Improvement District Budget, was received and referred to the Business Development and Parking Committee for study and recommendation. Councilman Christensen stated many citizens are delighted with Judge Lewis King's decision protecting the public right of access to the Kern River. That decision found that George Nickel's plan to develop the river for luxury homes was illegal, because it barred the public from ever using the most scenic and desirable portions of this County's most precious recreational asset. While many people have stated they are thankful for Judge King's decision, they asked the following two questions: Bakersfield, California, July 6, 1983 - Page 6 1. Why must the City pay the $64,000 legal fees awarded to the Attorneys who brought the suit, when the illegal project was by and for the benefit of Mr. Nickels? 2. Why did the City participate in and defend a plan which would benefit one developer and a handful of luxury homeowners at the expense of the citizens of the entire County? As the Council and public will recall, the $64,000 legal bill originated when Mr. Nickel proposed that he trade a 5 acre parking lot in return for the City's approval of a subdivision, which would prevent the public from making use of the most spectacular portions of the Kern River and would, forever, reserve those portions of the river for the privileged few. Perhaps, the Council should have foreseen that citizens would object to the City's action in trading the public's right to enjoy the scenic beauty of the river for a dirt parking lot. Perhaps, the Council should have known something was amiss when so many attorneys donated their time in order to do what this Council should have done, protect the public's right and not those of special interests. Certainly the Council was never advised that the plan was unconstitutional and illegal and would have to pay the cost of defending only Mr. Nickel. Now that the City is a little wiser and $64,000 poorer the Council should ask itself whether one individual's interests should be protected at the expense of the Council's constituency. To that end the following question is directed at the City Attorney: Does the City of Bakersfield face further exposure to legal fees if it prosecutes an appeal of Judge King's decision? City Attorney Oberholzer stated the City always faces the potential for further legal costs on any appeal that goes to the Appellate Court. One of the things that has to be evaluated is the legal correctness of the decision that was rendered by Judge King. Several of the statements made by Councilman Christensen indicates that there are a number of these questions which are still not understood by people. For example, it was stated should Bakersfield, California, July 6, 1983 - Page 7 the City not have foreseen that citizens would object to the ex- change the City made. Not for the 5 acre parking lot, but for 4 acres along the river and 1 acre of parking. That could have been foreseen had there been some objections raised at the public hearing held before the Council on that specific map. In fact, what actually occurred was that the attorney who sued the City and was awarded part of the $64,000 appeared at the Council Meeting and three times, as stated in the minutes, urged the Council to approve that map. A few months later he sued the City and the Court awarded those astronomical attorney's fees. In his opinion the Appellate Court would closely scrutinize those fees. It would be worth the risk to the City to pursue that to determine whether or not the Appellate Court would uphold that decision. Councilman Christensen asked how much expense has the City incurred in staff time in unsuccessfully defending the law- suit. City Attorney Oberholzer stated that would be difficult to determine, however, it was nowhere near $64,000. If the City Attorney spent the entire year, 8 hours per day, working on nothing but that lawsuit it would not come anywhere near $64,000. The cost in preparing the defense would not even approach the $4,000 to $5,000 category. Mr. Nickel hired a law firm, along with his own private attorney, who prepared a great deal of the documentation in defense of that case at the Superior Court level. Councilman Christensen asked if the City Attorney dis- cussed with Mr. Nickel or his attorney the reimbursement of the $64,000 in fees that was awarded. City Attorney Oberholzer stated that is the unfortunate part. The Judge simply said he was going to place upon the tax- payers the burden of paying the attorneys $64,000 without requiring any contribution from the developer. That is why he made the state- ment, when the judgment came out, that the taxpayers have lost everything in this suit. They lost a 4 acre parcel of property Bakersfield, California, July 6, 1983 - Page 8 fronting along the river for a difference that is greater than the subdivision would have fronted the river and the parking along the river. That is what is unfortunate about the decision. The real winner in this case was the developer. In answer to a question by Councilman Christensen, City Attorney Oberholzer stated whether or not the City has a right to reimbursement from Mr. Nickel is an issue that would be argued on an appeal. Councilman Christensen asked, if the City Attorney advises the Council to appeal, is he certain enough of his view of Judge King's decision to stake his position on the results of that appeal. City Attorney Oberholzer stated this is an issue that has never been decided by any court in California. He feels it is an important enough decision to get an Appellate Court review and determination of that particular issue. Correspondence has been received from two other cities asking to join the City of Bakers- field as amicus on an appeal. Councilman Payne stated he has absolute faith in the City Attorney's ability, motives, integrity and intentions. If he thinks the City should appeal this matter he would support it. Councilman Payne made a motion that the City Attorney appeal Judge King's decision. City Attorney Oberholzer stated the Court has not rendered a judgment and it cannot be appealed until that judgment is issued. When it is issued, if the Council so desires, an appeal will be filed. Councilman Payne's motion is in order at this time. Mr. Tom Fallgatter, Attorney, stated all of the attorney~ volunteered their time in this matter and all the money will remain available for the Kern River Access Committee for furtherance of public access. Of the $64,000, approximately $2,000 represented copying costs and court fees that were advanced and will be repaid. The remainder of the money, in the event it is ever paid, will 1 [)7 Bakersfield, California, July 6, 1983 - Page 9 remain available for public purposes. The plaintiff in the law- suit is the Kern River Access Committee, a public benefit corporation, subject to the rules of the Attorney General of the State of Cali- fornia. The Council could be acting somewhat perceptibly to pass Councilman Payne's motion tonight, because the judgment has not been entered and it is not appealable at this time. A decision like this involving an appeal, of what has taken on a fair amount of importance in the community, should receive a little more deliberation and consideration than immediate action on a motion that was not on the agenda. Councilman Barton stated he supports the appeal process, but feels the motion is premature and would like to follow the appropriate steps. At the time it is proper to file the appeal he would support a motion to file it. If there is future litigation he would like to have a couple questions answered. They probably will not change his position of supporting the appeal process, but the motion ts a little bit ahead of schedule. Councilman Payne's motion that the City Attorney appeal Judge King's decision, failed to carry by the following roll call vote Ayes .Noes: Absent: Councilmen Payne, Rockoff Councilmen Barton, Christensen, Means Councilman Ratty Upon a motion by Councilman Barton, report from the City Attorney, dated July l, 1983, regarding Proposed Ordinance Revisions Relative to Chauffeured Limousine Services, was referred to the Business Development and Parking Committee for study and recommenda- tion. Councilman Payne stated since a representative of the Special Olympic Fund Raising Committee did not appear at tonight's Council Meeting he would like to announce that the Mayor issued two Proclamations regarding a baseball game to be held at 6:00 P.M. Bakersfield, Cali£ornia, July 6, 1983 - Page l0 on Saturday, July 9, 1983, at Sam Lynn Ballpark, which will be a contest between ttollywood and Bakersfield celebrities, and a Bowling Tournament at ll:00 A.M. on Sunday, July 10, 1983, at Skyline Bowling Alley. Mayor Shell stated the Proclamations proclaim July 9th through July 16th as Ruben Castillo, Bobby Chacon, Rick Mears and Carlos Palomino Week in Bakersfield and urges all citizens to acknowledge the achievements of these athletes and the contribution they have made to this community. They are doing this for the benefit of the Special Olympics. REPORTS Councilman Rocko£f, Chairman of the Budget Review and Finance Committee, read Report No. 20-83 regarding Home Occupation Permits, as follows: Recently the City Council discussed the require- ments necessary for a Home Occupation Permit. The dicussion centered around the use and storage of "flammable materials" in residences. The City Council referred the matter to staff so as to study and submit guidelines to the Budget Review and Finance Committee for recom- mendation. This Committee has met with members of staff, including the Fire Chief, to review and discuss the ordinance with respect to restricting the use of flammable materials in residences. Our discussions included various types of flammable liquids and other flammable materials, quantities of flammable materials, and suggestions regarding the total amount of square feet of a residence allowable to be used in relation to the home occupation. Pursuant to our discussions, this Committee has concluded that the "Cottage Industry" should be allowed to continue under the restrictions of the Home Occupation Permit Ordinance and recom- mends that certain amendments be made to the ordinance. The amendments should include that no Class I flammable liquids or liquified flammable gases be used or stored on the premises and no more than the equivalent of 75 cubic feet of other flammable materials be stored on the premises at any one time. Additionally, no more than 250 square feet of the premises may be used in relation to the home occupation. Therefore, we recommend the City Council approve these recommendations and consider this to be the first reading of the proposed ordinance. Bakersfield, California, July 6, 1983 - Page ll Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 20-83 regarding Home Occupation Permits, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.04.330 J. and adding Sections 17.04.330 K. and 17.04.330 L. to the Bakersfield Municipal Code relative to Home Occupation Permits. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.04.330 J. and adding Sections 17.04.330 K. and 17.04.330 L. to the Bakers- field Municipal Code relative to Home Occupation Permits. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 21-83 regarding Truxtun Avenue Extension, as follows: Recently, the City Council expressed its con- cern with the increasing number of ingress and egress points on Truxtun Avenue Extension. The matter was referred to the Budget Review and Finance Committee and on ~ay 18, 1983, the City Council approved a goal of maintaining Truxtun Avenue Extension as a thoroughfare and the Council set a policy of prohibiting access directly to Truxtun Avenue Extension. Subsequent to adopting the policy, this Com- mittee has continued to meet with members of staff and developers to discuss the matter. We have met with representatives from Tenneco Realty Development Corporation to discuss the present activity and development of their property south of Truxtun Avenue on the east and west side of Mohawk. We also discussed other properties owned by Tenneco and scheduled for development in the future. These properties were at other locations along Truxtun Avenue as well as Coffee Road between Truxtun Avenue and Stockdale Highway. These properties are specifically identified in the proposed agree- ment and shown on the accompanying exhibits to the agreement. In order to achieve the goal of maintaining Truxtun Avenue Extension as a thoroughfare, the Committee considered a number of alter- natives and concluded the most feasible to be the construction of a grade separation (over- pass) at the intersection of Truxtun Avenue and Mohawk Street. Due to the substantial cost of such a project, it will be necessary for the City to fund the project over a period Bakersfield, California, July 6, 1983 - Page 12 of years. In light of the number of years to fund the project, this Committee felt it important to obtain the most satisfactory interim arrangement with Tenneco to address solutions to the ingress and egress problems until such time as the grade separation project has been completed. Briefly, we have negotiated the referred to proposed agreement between the City and Tenneco which addresses what we consider to be the solutions which will help to alleviate problems arising from the access points directly on Truxtun Avenue. Items we discussed and agreed upon included the approval of four ingress and egress points onto Truxtun Avenue from the property located on the east and west side of Mohawk. Although the City agreed to the access points, the City reserves the right to close the Truxtun median on both access points closest to, east and west, of Mohawk Street. Upon closing, the City has agreed to construct a signal at the outer access points. Further, in an effort to alleviate the need for Truxtun Avenue access points for property owners east of Tenneco's development, Tenneco has agreed to dedicate an easement to the City for roadway purposes to be used by the adjoining property owners. This easement would allow these property owners use of the Truxtun Avenue access points being addressed at this time on Tenneco property. In addition, upon Tenneco's completion of all related widening of Truxtun Avenue, the City shall install traffic signals as soon as possible at the intersection of Truxtun and Mohawk. Tenneco has agreed to contribute an amount not to exceed $80,000 for the con- struction of the referred to traffic signals. As was indicated above, these agreements for traffic signals and ingress and egress points are of an interim nature. Further, they are designed and planned in such a way as to be incorporated into the long-range plan with the overpass and frontage roads, which will serve the referred to access points so as not to disrupt the flow of traffic on Truxtun Avenue. Therefore, we recommend the City Council indicate its intention to proceed with this grade separation project and begin to set aside funds for the eventual funding of this project. We further recommend the City Council approve the proposed agreement between the City and Tenneco Realty Development Corporation. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 21-83 regarding Truxtun Avenue Extension, was accepted; the Council indicated its intention to proceed with i q 1 Bgkersfield, California, July 6, 1983 - Page 13 the grade separation project (overpass) at the intersection of Truxtun Avenue and Mohawk Street and begin to set aside funds for the evenutal funding of this project; and agreement between the City and Tenneco Realty Development Corporation which will help alleviate problems arising from the access points directly on Truxtun Avenue, was approved and the Mayor was authorized to execute same. Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 9-83 regarding Charter Amendments for Police and Fire Outside Employment, as follows: At the request of the City Council, the Govern- mental Efficiency and Personnel Committee has held several meetings in regards to this City's Charter provisions which relate to outside employment by safety employees. Based on information provided to us from other cities, it is apparent that our Charter requirements are much more restrictive than those California cities surveyed. In an attempt to rectify this situation, this Committee is prepared to recommend the following Charter Amendments for the electorate to vote on at next November's election: (a) An officer and/or employee of the Fire Department may engage in outside employ- ment, business, profession, occupation, trade or calling, only if it is determined by the Fire Chief, pursuant to guidelines established in department rules and regu- lations, that such outside employment, business, profession, occupation, trade or calling will not interfere with the performance of his duty as an officer and/ or employee of the Fire Department, will not be detrimental to the interests of the City and/or the Bakersfield Fire Department, and will create neither a conflict of interest, a potential conflict of interest, nor the appearance of a con- flict of interest. Under no circumstance shall an officer and/or employee of the Fire Department be allowed to engage in more than 312 hours per calendar quarter in outside employment, business, pro- fession, trade or calling. All officers and/or employees of the Fire Department shall be available for duty at any time. (b) A peace officer employed by the Police Department may engage in outside employ- ment, business, profession, occupation, trade or calling, only if it is determined Bakersfield, California, July 6, 1983 - Page 14 by the Chief of Police, pursuant to guide- lines established in department rules and regulations, that such outside employment, business, profession, occupation, trade or calling will not interfere with the performance of his duty as a police officer, will not be detrimental to the interests of the City and/or the Bakers- field Police Department, and will create neither a conflict of interest, a potential conflict of interest, nor the appearance of a conflict of interest. Under no circumstance shall a peace officer be allowed to engage in more t~an 20 hours per calendar week in outside employment, business, profession, occu- pation, trade or calling. All peace officers shall be available for duty at any time. This Committee has held disucssions with the Chief of Police and the Fire Chief in regards to their departmental rules and regulations in administering these proposed Charter Amend- ments. We are of the opinion that these rules will assure the citizenry that police and fire personnel will follow their given professions and will not engage in outside employment to the detriment of the City. The Governmental Efficiency and Personnel Com- mittee has also met with union representatives on these issues and they are now in agreement with the proposed Charter Amendments. We are, therefore, recommending Council approval of these two Charter Amendments. The resolution calling for a Special Election on November 8, 1983, will be acted upon under New Business. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 9-83 regarding Charter Amendments for Police and Fire Outside Employment, was accepted; and the two Charter Amendments were approved for a Special Election to be held on November 8, 1983. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 7204 to 7416, inclusive, in the amount of $708,001.48. (b) Claim for Damages and Personal Injuries from Regina Robinson by her Guardian Ad Litem Fern Robinson, 414 Villa Street, Apt. A, Bakersfield. (Refer to City Attorney) Bakersfield, California, July 6, 1983 - Page 15 (d) , (e), (c) (d) (e) (f) (g) (h) (i) (J) (k) Upon (f), Claim for Damages and Personal Injuries from Anita Elaine Perez, 9550 Three Mile Road, Lakeview, Michigan. (Refer to City Attorney) Claim for Damages from Brian Patrick Gregg, 509 Oleander Avenue, #B, Bakersfield. (Refer to City Attorney) Road Easement and Line of Sight Easement from Tenneco Realty Development Corpora- tion providing additional road dedication for Old River Road as required for Parcel Map No. 6547, located at northeast corner of Old River Road and Ming Avenue, and Line of Sight Easement required in Lots 25 and 26 of Tract No. 4482, located at southwest corner of Gosford Road and White Lane. Map of Tract No. 4608 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located on east side of Old River Road and north of White Lane. Notices of Completion and Acceptance of Work on: Resurfacing Ming Avenue and South "H" Street, Contract No. 82-189 with James G. Francis. Tract No. 4489, Contract No. 83-34 with Tenneco Realty Development Corporation, located at Old River Road and White Lane. Application for Encroachment Permit from Covington Technologies, 2451E. Orange- thorpe Avenue, Fullerton, California, for construction of a 42 inch high wrought iron and wood post fence behind sidewalk and in front of model sales home at 5104, 5108, 5112 and 5116 Jonah Street. Plans and Specifications for construction of the Landfair Storm Drain Modifications. Agreement between the City of Bakersfield and Eileen Unruh for instruction in Modern Dance and Ballet £or a period of four weeks at Stine School. Agreement between the City of Bakersfield and Susan Anderson for instruction in Calligraphy for a period of four weeks at Stine School and Holloway-Gonzales and Baker Libraries. a motion by Councilman Means, Items (a), (b), (c), (g), (h), (i), (j) and (k) of the Consent Calendar 144 Bakersfield, California, July 6, 1983 - Page 16 were adopted by the following roll Ayes Noes Absent: Councilmen Barton, None call vote: Christensen, Means, Payne, Rockoff Councilman Ratty DEFERRED BUSINESS Adoption of Ordinance No. 2854 New Series of the Council of the City of Bakersfield authorizing Amendment to Contract between the City Council of the City of Bakersfield and the Board of Administration of the California Public Employees' Retirement System relative to providing Pensions for Local Safety Members in accordance with Section 21252.01 of the Cali- fornia Government Code. This ordinance authorizes an amendment of the contract between the City and the California Public Employees' Retirement System to provide the 2% at age 50 retirement benefit for all safety employees, effective October 3, 1983, as recently agreed upon in the Police and Fire Memorandums of Understanding. Upon a motion by Councilman Payne, Ordinance No. 2854 New Series of the Council of the City of Bakersfield authorizing Amendment to Contract between the City Council of the City of Bakersfield and the Board of Administration of the California Public Employees' Retirement System relative to providing Pensions for Local Safety Members in accordance with Section 21252.01 of the California Government Code, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Christensen, Means, Payne, None Councilman Ratty Adoption of Ordinance No. 2855 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 Stock- dale Highway, west of Allen Road. Rockoff 14 5 Bakersfield, California, fful¥ 6, 1983 - Pa§e 17 The application for this amendment was made by Elmer F. Karpe, Inc., and would change subject properties from an R-S (Residential-Suburban) Zone to an R-1 (One Family Dwelling) Zone. The proposed R-1 zoning is consistent with the Bakers- field Metropolitan Area General Plan. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2855 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of Stockdale tfighway, west of Allen Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Rockoff Noes: None Absent: Councilman Ratty Adoption of Ordinance No. 2856 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 1801 Planz Road. The application for this amendment was made by John Rathjen and would change subject property from an R-S (Residential- Suburban) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. The proposed R-2 Zoning is consistent with the Bakersfield Metropolitan Area General Plan. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2856 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 Bakersfield, California, July 6, 1983 - Page 18 the City of Bakersfield commonly known as 1801 Planz Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: None Absent: Councilmen Barton, Christensen, Means, Payne, Rockoff Councilman Ratty Adoption of Ordinance No. 2857 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 2021 Planz Road. The application for this amendment was made by Vivian Lasater and would change subject property from an R-S (Residential-- Suburban) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. The proposed R-2 zoning is consistent with the Bakers- field Metropolitan Area General Plan. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2857 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 2021Planz Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Means, Payne, Rockoff Noes: None Absent Councilman Ratty Abstaining: Councilman Christensen Adoption of Ordinance No. 2858 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 east o£ Stine Road and south of Harris Road, and making findings in connection with a P.U.D. Zone. Bakersfield, California, July 6, 1983 - Page 19 The application for this amendment was made by William Norman and would change subject properties from an MH (Mobilehome) Zone to a P.U.D. (Planned Unit Development) Zone, consisting of 60-detached single family dwellings. The Planning Commission recommended approval of this zone change request, subject to 13 additions to the plan, and made findings delineated in Section 17.52.070 of the Municipal Code. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2858 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 east of Stine Road and south of Harris Road, and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the Genera~ Plan, were adopted by the following roll call vote: Christensen, Means, Payne, Rockoff Ayes: Noes: Absent: Councilmen Barton, None Councilman Ratty Adoption of Zoning Resolution No. 302 of the Council of the City of Bakersfield granting Appeal from decision of the Board of Zoning Adjustment denying Modification to permit the reduction of the required 25-£oot front yard setback to 5 feet on that certain property known as 3108 Pomona Street. This resolution formally embodies and establishes the decision of the Council following the appeal hearing on this matter held June 15, 1983. Upon a motion by Councilman Means, Zoning Resolution No. 302 of the Council of the City of Bakersfield granting Appeal from decision of the Board of Zoning Adjustment denying Modification permit the reduction of the required 25-foot front yard setback 5 feet on that certain property known as 3108 Pomona Street, was adopted by the following roll cal~ vote: Ayes: Noes: Absent: Councilmen Barton, Christensen, None Councilman Ratty Means, Payne, Rockoff to Bakersfield, California, July 6, 1983 - Page 20 Adoption of Zoning Resolution No. 303 of the Council of the City of Bakersfield denying Appeal of Sequoia Engineering for Highland Real Estate Corporation from decision of the Board of Zoning Adjustment denying a Modification to permit the reduction of the required side yard setbacks from five feet to three feet on all proposed lots within Tentative Subdivision Map No. 4624 on that certain property located on the north side of Auburn Street, 155 feet west of La Costa Street. This resolution formally embodies and establishes the decision of the Council following the appeal hearing on this matter held June 15, 1983. Upon a motion by Councilman Rockoff, Zoning Resolution No. 303 of the Council of the City of Bakersfield denying Appeal of Sequoia Engineering for Highland Real Estate Corporation from decision of the Board of Zoning Adjustment denying a Modification to permit the reduction of the required side yard setbacks from five feet to three feet on all proposed lots within Tentative Sub- division Map No. 4624 on that certain property located on the north side of Auburn Street, 155 feet west of La Costa Street, was adopted by the following roll call vote: Barton, Christensen, Means, Payne, Rockoff Councilmen None Councilman Ayes: Noes: Absent: Ratty Adoption of Zoning Resolution No. 304 of the Council of the City of Bakersfield denying the Appeal of Mary Moland from Board of Zoning Adjustment decision granting Modifi- cation to Don F. Myers to permit the reduction of the required front yard setback for apartments from 15 feet to 12 feet and to allow substandard widths on the eight (8) required off- street parking spaces on those certain properties commonly known as 213, 215, 235, 237, 249, 323, 327, 331, 335, 345 and 351 Lakeview Avenue. This resolution formally embodies and establishes the decision of the Council held June 15, 1983. following the appeal hearing on this matter Bakersfield, California, July 6, 1983 - Page Upon a motion by Councilman )~eans, Zoning Resolution No. 304 of the Council of the City of Bakersfield denying the Appeal of Mary Moland from Board of Zoning Adjustment decision granting Modification to Don F. Myers to permit the reduction of the required front yard setback for apartments from 15 feet to 12 feet and to allow substandard widths on the eight (8) required off-street parking spaces on those certain properties commonly known as 213, 215, 235, 237, 249, 323, 327, 331, 335, 345 and 351 Lakeview Avenue, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Christensen, Means, Payne, Rockoff None Councilman Ratty Authorization granted to staff to proceed with implementation of the Lakeview Neighborhood Revitalization Strategy. At the April 20, 1983, Council Meeting, staff presented a report to the Council on the community meetings held regarding the revitalization strategy. Part of the strategy involved a General Plan Amendment and Zone Change. Council authorized staff to proceed with the scheduled public hearing before the Planning Commission, but withheld action on the implementation of the full strategy until the completion of the hearings on the General Plan Amendment. The General Plan Amendment was approved by Council on 1983, and sets the stage for implementation of the full June 15, strategy. The full strategy will involve land acquisition for business development and new housing and the creation of jobs in accordance with the goals and objectives of the Community Develop- ment Block Grant Regulations. Councilman Means stated he would oppose the motion for the same reasons he opposed it during the discussions on this matter. Bakersfield, California, July 6, 1983 - Page 22 Upon a motion by Councilman Rockoff, staff was authorized to proceed with implementation of the Lakeview Neighborhood Revitali- zation Strategy, by the following roll call vote: Ayes: Councilmen Barton, Payne, Rockoff Noes: Councilmen Christensen, Means Absent: Councilman Ratty NEW BUSINESS Adoption of Resolution No. 88-83 calling the General Municipal Election for the Office of Council- man in the 2nd, 5th and 6th Wards, to be held in the City of Bakers- field on Tuesday, the 8th day of November, 1983, and directing the City Clerk to publish the Notice of Election. the date and calls the General This resolution sets Municipal Election. Upon a motion by Councilman Christensen, Resolution No. 88-83 calling the General Municipal Election for the Office of Councilman in the 2nd, 5th and 6th Wards, to be held in the City of Bakersfield on Tuesday, the 8th day of November, 1983, and directing the City Clerk to publish the Notice of Election, was adopted by the following roll call vote: Ayes Noes Councilmen Barton, Christensen, Means, Payne, Rockoff None Absent: Councilman Ratty Adoption of Resolution No. 89-83 of the Council of the City of Bakers- field calling a Special Municipal Election for the purpose of sub- mitting to the electors of the City amendments to the Charter of the City of Bakersfield and calling a Special Municipal Election for the purpose of filling a vacancy on the Council for the remainder of the unexpired term in Ward l, and pro- viding for the partial consolidation of said Special Municipal Election with each other and with the Odd- Year General District Election, all to be held on Tuesday, November 8, 1983. Bakersfield, California, July 6, 1983 - Page 23 This resolution calls a Special Election for filling the vacancy on the Council for Ward l, calls a Special ~unicipal Election for submitting two Charter Amendments to the electors dealing with outside employment in the Police and Fire Dpeartments, and provides for consolidation of the General and Special Elections with the General School District Election. City Attorney Oberholzer stated this resolution and the following one will have to be amended because the synopsis of the measures for the two Charter Amendments did not contain the maximum hours an employee will be allowed to engage in an outside occupation. The Fire Department employees will be allowed up to a maximum of 312 hours per calendar quarter under conditions approved by the Fire Chief and Police Department employees will be allowed up to a maximum of 20 hours per week under conditions approved by the Police Chief. Upon a motion by Councilman Rockoff, Resolution No. 89-83 of the Council of the City of Bakersfield calling a Special Municipal Election for the purpose of submitting to the electors of the City amendments to the Charter of the City of Bakersfield and calling a Special Municipal Election for the purpose of filling a vacancy on the Council for the remainder of the unexpired term in Ward l, and providing for the partial consolidation of said Special Municipal Election with each other and with the General Municipal Election and the Odd-Year General District Election, all to be held on Tuesday, November 8, 1983, as amended by the City Attorney, was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Barton, None Councilman Ratty Councilman Christensen Means, Payne, Rockoff Bakersfield, California, July 6, 1983 - Page 24 Adoption of Resolution No. 90-83 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 a General Municipal Election, a Special Muni- cipal Election for filling a vacancy on the Council in Ward i and a Special Municipal Election submitting Charter Amendments, with the General District Election to be held on Tuesday, November 8, 1983, setting forth the exact form of the Measures to be voted upon at such Special Municipal Elections as the same are to appear on the ballot. This resolution requests the Board of Supervisors to consolidate the City elections with the General District Election. Upon a motion by Councilman Means, Resolution No. 90-83 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the consolidation of a General Municipal Election, a Special Municipal Election for filling a vacancy on the Council in Ward 1 and a Special Municipal Election submitting Charter Amendments, with the General District Election to be held on Tuesday, November 8, 1983, setting forth the exact form of the Measures to be voted upon at such Special Municipal Elections as the same are to appear on the ballot, as amended by the City Attorney, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Rockoff Noes: None Absent: Councilman Ratty Denial of Application for an Encroach- ment Permit from Dimas Northwest Owners Association, 3801 San Dimas Street, Bakersfield. All signs located within the street right-of-way require Council approval. The applicant is requesting approval for the construction of a directory sign in the street right-of-way. Applicant had previously been granted a Special Sign Permit for an oversized sign to be placed out of the right-of-way by the Planning Commission. Bakersfield, California, July 6, 1983 - Page 25 A review indicates the sign will obstruct the sight line for vehicles entering San Dimas Street. Public Works Department recommends the sign be located outside the street right-of-way as approved by the Planning Commission. Since the encroachment will interfere with vehicular traffic, the Public Works Department recommends denial of the application. Upon a motion by Councilman Means, Application for Encroachment Permit from Dimas Northwest Owners Association, 3801 San Dimas Street, was denied. Approval of Plans and Specifications for construction of improvements on the China Grade Landfill Access Road, and authorization granted to expend funds from Account No. 33-77500-292- 1090. The project consists of realigning a sharp curve on the Landfill Access Road adjacent to the China Grade Landfill. This project, which is located on a City road, is necessary to provide safe access to the China Grade site. When the proposed Capital Improvement Program was prepared the City was not aware of the need to realign the curve, therefore, funds were not requested for the 1983-84 program. However, since it would be desirable to complete the work prior to the planned opening in September, of the China Grade Landfill, it is requested that funds be carried over from savings on a completed 1982-83 Signal & Channelization Project at the intersection of 30th and "F" Streets. These savings are in a Gas Tax Fund, Account No. 33-77500-292-1090, and are restricted to Street Improvement Projects. The Engineer's estimate is $30,100. Upon a motion by Councilman Rockoff, Plans and Specifi- cations for construction of improvements on the China Grade Landfill Access Road, was approved and authorization granted to expend funds from Account No. 33-77500-292-1090. Bakersfield, California, July 6, 1983 - Page 26 Authorization granted to Purchasing Division of the Finance Department to enter into Discount Agreements with Mayo Supply, B & D Brake Parts, Motor Rim & Wheel, Pacific Power, Tony's Auto Upholstery, Tyack Tires, L. V. Johns Diesel Electric and Kisco for Miscellaneous Services and Supplies. The Finance Department requests Council authorization to negotiate Discount Agreements with eight suppliers. Discount Agreements are informal miscellaneous supply contracts that the Purchasing Division has prenegotiated prices or discounts on and are for services and supplies of a nature that do not lend them- selves to other purchasing programs. Examples are: miscellaneous equipment parts with Mayo Supply, B & D Brake Parts, Motor Rim & Wheel and Pacific Power; services with Tony's Auto Upholstery and Tyack Tire; miscellaneous electrical parts with L. V. Johns Diesel Electric; and spray equipment parts with Kisco. Upon a motion by Councilman Rockoff, the Purchasing Division of the Finance Department was granted authorization to enter into Discount Agreements with Mayo Supply, B & D. Brake Parts, Motor Rim & Wheel, Pacific Power, Tony's Auto Upholstery, Tyack Tires, L. V. Johns Diesel Electric and Kisco for Miscellaneous Services and Supplies. Approval of request from Red Lion Inn for a Freestanding Sign 80 feet in height and 544 square feet in area at the southwest corner of Rosedale High- way and Highway 99. All signs greater than 50 feet in height require approval of the City Council. The proposed sign is intended to provide exposure to traffic on Highway 99, which is elevated above Rosedale Highway at this location. The Planning Commission reviewed the criteria for the 80 foot height, based on visibility problems and recommended approval. Bakersfield, California, July 6, 1983 - Page 27 The sign requested is 544 square feet in area, which is 16 square feet less than the sign reviewed by the Planning Com- mission. The ordinance allows 240 square feet for a Freestanding Sign in a C-2 Zone. The Council has approved other signs exceeding 50 feet in height in the vicinity of this intersection. Councilman Payne made a motion that the request from Red Lion Inn for a Freestanding Sign 80 feet in height and 544 square feet in area at the southwest corner of Rosedale Highway and Highway 99, be approved. In answer to a question by Councilman Rockoff, Director of Fire and Development Services Needham stated signs in the general area along the freeway corridor, generally approved by the Council, have been much larger in size and higher than the 50 foot limitation. Mr. Needham then cited several signs in the area that have been approved by the Council. Councilman Rockoff stated he feels if this sign is approved it will set a precedent and the Council will be obligated to approve signs this size or larger. Mr. Bob Williams, Vice-President and Division Manager of Young Electric Sign Company, stated the signs for the Red Lion Inns. vary considerably in different areas, depending on exposure to traffic and placement. Some of the signs cited by Mr. Needham are well recognized in this area and the Red Lion is not. They are trying to present an identity that people can see and recognize in time to take the freeway exit. In this area there are numerous obstructions on both sides of the freeway due to trees, etc. Councilman Means stated at times he strictly adheres to the Sign Ordinance, however, he has voted for additional height on signs due to the freeway corridor. In this situation the requested sign is over twice the size of the limit set by the Sign Ordinance and it is far above anything in the area. It is an incredible precedent and has no justification. He felt the sign could be made Bakersfield, California, July 6, 1983 - Page 28 smaller to adhere more closely with the Sign Ordinance and stated he could not support the motion. Councilman Payne stated everyone is reluctant to set precedent, however, in this particular case the Council should be thankful the Red Lion Inn was not afraid to do it when they brought a major first class luxury hotel to the City of Bakersfield. All things being relative, in relationship to a multimillion dollar hotel that is very large, this sign is very compatible. The size of their investment, faith they have in constructing this facility in the City of Bakersfield and tax dollars they will pay, that is expensive for a few feet of air space. If the sign is not highly visible from the freeway it will have a detrimental effect on their business. Councilman Payne urged the Council to approve the requested sign. Councilman Rockoff stated he wants it undertsood that he appreciates the fact that the Red Lion has chosen to build a hotel in Bakersfield and it is not his intent to seem inhospitable, but he feels this will set a precedent. Councilman Ratty, who repre- sents this area, is not present tonight and he felt it should be deferred for one week for Councilman Ratty's input. Councilman Rockoff offered a substitute motion, due to the absence of Councilman Ratty who represents this area, that action on the request from the Red Lion Inn for a Freestanding Sign 80 feet in height and 544 square feet in area at the southwest corner of Rosedale Highway and Highway 99, be deferred until the Council Meeting of July 13, 1983. This motion failed to carry by the following roll call vote: Ayes: Noes: Absent: Inn for in area Councilmen Means, Rockoff Councilmen Barton, Christensen, Payne Councilman Ratty Councilman Payne's motion that the request from Red Lion a Freestanding Sign 80 feet in height and 544 square feet at the southwest corner of Rosedale Highway and Highway 99, Bakersfield, California, July 6, 1983 - Page 29 be approved, carried by the following roll call vote: Ayes: Councilmen Barton, Christensen, Payne Noes: Councilmen Means, Rockoff Absent: Councilman Ratty CLOSED SESSION Upon a motion by Councilman Barton, the Council recessed to a Closed Session at 8:55 P.M. with the City's Chief Labor Negotiator to discuss Labor Negotiations. The regular meeting was reconvened at 9:07 P.M. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Payne, the meeting was adjourned at 9:10 P.M. MAYOR o£ th~ity of Bakers£ield, Calif. ATTEST: CITY CLERK and E~ Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, July 13, 1983 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., July 13, 1983. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Christensen, Means, Payne, Absent: None Ratty, Rockoff, Barton SCHEDULED PUBLIC STATEMENTS Mr. Donald Bell, representing the Circle Club Cardroom, 1418 Golden State Highway, requested that the Cardroom Ordinance be amended to allow eight players at a table rather than seven. City Manager Kelmar stated the Police Department reviewed this matter and indicated the requested amendment would not cause a problem. Upon a motion by Councilman Rockoff, the City Attorney was directed to draft an ordinance amending the number of players allowed at a card table to conform with the County of Kern's Ordinance. Mr. Tom Abramson, representing the Ice Capades, extended an invitation to the Mayor and Council to attend Opening Night of the Ice Capades. ~r. Dan Neal, representing a field, spoke in opposition to the adoption of an ordinance that will close any body of water that can be used for recreational purposes. They feel the lake on Truxtun Avenue is not any more dangerous than any other park or recreation area. This area is clean and the parking appears to be adequate. If liability is a concern it is suggested that signs be posted in the area with adequate disclaimers. They feel there are other alternatives that can be taken rather than closing areas like this to the public. Neal requested that the Council not adopt the ordinance, hold a number of citizens of Bakers-- Bakersfield, California, July 13, 1983 - Page 2 public hearing on the matter so the people can be heard or refer it to a committee. Councilman Barton explained that the pond on Truxtun Avenue was not developed as a recreational facility. It was put there for a recharge basin for percolation of water from the Kern River in years when there is water. However, it has turned out to be very attractive to the public for recreational purposes. One thing that should be recognized is that these days society is very tuned to suing public agencies and that has to be taken into con- sideration. Councilman Barton suggested that the Council consider the lake on Truxtun Avenue as a potential recreational facility, in lieu of what it was designed for, and the matter be referred to the Water and City Growth Committee for study and recommendation. City Attorney Oberholzer stated in this particular case the body of water on Truxtun Avenue is an artificial body of water and it is not the Kern River. The Kern River is a body of water which the public has the right of access and there are specific exemptions in State law for recreational rivers that people use anc[ assume the risk when they go into the water. However, when an artificial body of water is created the person or agency who creates it assumes certain responsibilites. Present Bakersfield law pro- vides that all artificial bodies of water must be fenced. An ordinance is being proposed this evening to remove the requirement for fencing around the ground recharge basins that the City uses along the Kern River. Those recharge basins are not part of the Kern River. They are artificial bodies of water. The other ordinance being proposed is to prohibit swimming or boating in the groundwater recharge basins, because they are principally uncon- trolled, unprotected and unregulated bodies of water. They are attractive to people during the hot weather. The water, for example, could become polluted and someone could drink it and sue the City for allowing a body of water to exist in a polluted fashion knowing 160 Bakersfield, California, July 13, 1983 - Page 3 people go in the water and swim. Without controls a suit could be filed against the City, negligence on the part of the City, because it was known conditions exist on that body of water. The boats could hit the swimmers. claiming that those Upon a motion by Councilman Barton, Emergency Ordinance adding Chapter 8.38 to the Bakersfield Municipal Code relative to Groundwater Recharge Basins - Swimming and Other Conduct Prohibited, was moved forward on the agenda to be considered at this time. Referral of an Emergency Ordinance of the Council of the City of Bakers- field adding Chapter 8.38 to the Bakersfield Municipal Code relative to Groundwater Recharge Basins - Swimming and Other Conduct Prohibited. This Emergency Ordinance makes it unlawful to swim, wade, boat, sail, etc., in a groundwater recharge basin, as defined, requires that signs be posted providing notice of the restrictions imposed by this ordinance, and makes violations of the ordinance infractions. Councilman Barton made a motion that Emergency Ordinance adding Chapter 8.38 to the Bakersfield ~unicipal Code relative to Groundwater Recharge Basins - Swimming and Other Conduct Prohibited, be referred to the Water and City Growth Committee for study and recommendation. Councilman Rockoff stated he feels the Council should adopt the ordinance due to the possibility of liability and then refer the matter to committee for study and recommendation. The ordinance can be amended at a later date. Councilman Ratty stated he feels that body of water has recreational potential, people are using it and there is no reason to deny the use of it. Posting the lake at this time would warn people of the hazards and eliminate that possibility. Councilman Ratty requested that Councilman Barton amend his motion to state that warnings be posted on the lake on Truxtun Avenue during the interim period while it is being studied by committee. Bakersfield, California, July 13, 1983 - Page 4 City Attorney Oberholzer stated by posting the property warning people the lake is not patrolled, uncontrolled and the water may be polluted would relieve the City from some of the potential liability. If this ordinance is referred to committee, the property should be posted warning people they are using the lake at their own risk. Mayor Shell stated she has received phone calls from people who are opposed to closing this lake for public use. They feel the lake is a beautifu2 addition to the City. There are problems, but it is hoped the Council will allow the citizens to use the lake for recreational purposes. Councilman Barton's amended motion that Emergency Ordinance of the Council of the City of Bakersfield adding Chapter 8.38 to the Bakersfield Municipal Code relative to Groundwater Recharge Basins - Swimming and Other Conduct Prohibited, was re£erred to the Water and City Growth Committee for study and recommendation, and in the interim period the lake on Truxtun Avenue is to be posted with adequate warnings. CORRESPONDENCE Upon a motion by Councilman Means, communication from the League of California Cities, dated June 24, 1983, regarding the designation of a voting delegate and alternate for the League of California Cities Annual Conference to be held in San Francisco, California, from October 2 through 5, 1983, was received and Councilman Barton was appointed as the voting delegate and Council- man Christensen as the alternate voting delegate. Upon a motion by Councilman Rockoff, communication from Janice M. Banducci, 2419 Driller Avenue, dated July 7, 1983, sub- mitting her resignation from the Fire Department Civil Service Board, was received, her resignation accepted and the Mayor was requested to send a letter of appreciation for her services to the City of Bakersfield. !62 Bakersfield, California, July 13, 1983 - Page 5 COUNCIL STATEMENTS Upon a motion by Councilman Rockoff, letter from Planning Commission Chairman James in response to a S. Camp, dated July 7, 1983, revision of the Sign Ordinance was referred to the Planning Commission for study and recommendation. Mayor Shell expressed her displeasure in not being able to attend the Budget Review and Finance Committee Meetings on the City's budget. She stated she has a real interest in the budget, but has to read the newspaper and listen to the radio to find out what is going on. The only people who are not allowed to attend the open Budget Review and Finance Committee Meetings on the budget are the ~ayor and other Councilmen. Councilman Christensen stated he also feels it is very important for the Council to obtain background on the budget and is in agreement with the Mayor, but the Brown Act prevents them from attending these meetings. Councilman Ratty suggested that next year the entire budget for the City of Bakersfield be discussed in a Council Meeting so the Mayor and rest of the Council can participate. REPORTS Councilman Payne, Chairman of the Governmental Efficiency and Personne~ Committee, read Report No. 10-83 regarding 1983-84 Salary Negotiations, as follows: In compliance with the State of California ~eyers-~ilias-Brown Act, the City has met and conferred in good faith with the Service Employees International Union (SEIU), which represents this City's Blue and White Collar Unit employees. In addition, consultation meetings have been held with the General Employees Supervisory Unit and Management. We are pleased to report that a Memorandum of Understanding has been reached with SEIU and that the Supervisors and Management have agreed with this Committee's recommendations. The City's negotiating team, headed by Bill Avery, has been able to negotiate within the guidelines established by the City Council. As a result, new agreements will be in effect for an eighteen month period, expiring December Bakersfield, California, July 13, 1983 - Page 6 31, 1984. The annual cost to the City for all units is less than 4%. The Governmental Efficiency and Personnel Committee is recommending Council approval of the ~emorandum of Understanding with the Service Employees International Union repre- senting Blue and White Collar workers, which, in effect, will provide the following. Effective the first full pay period in July, 1983, new employees will pay employee contributions to the Public Employees Retirement System (PERS) for the first six years of employment with the City. Effective July 11, 1983, the City will pay an additional $41.41 per month towards the cost of health insurance premiums. Effective July 9, 1984, the City will in- crease its contribution in an amount equal to the increase in medical insurance premiums, subject to a maximum of $24.00 per month. 3. Effective December 26, 1983, employees will receive a 3% across-the-board salary increase. Effective July 9, 1984, employees will receive a 2% across-the-board salary increase. 4o Effective April 2, 1984, the City will institute a longevity pay program, as follows: 10 or more years of uninterrupted years of City service - 2% salary increase; 15 or more years of uninterrupted years of City service an additional 2% salary in- crease; 20 or more years of uninterrupted years of City service - an additional 2% salary increase. The total cost of this package for Fiscal Year 1983-84 is $289,000. The Governmental Efficiency and Personnel Committee is also recommending Council approval of the following for General Supervisory employees: Effective the first full pay period in July, 1983, new employees will pay employee contributions to the Public Employees Re- tirement System (PERS) for the first six years of employment with the City. Effective July 11, 1983, the City will pay an additional $41.41 per month towards the cost of health insurance premiums. Effective July 9, 1984, the City will in- crease its contribution in an amount equal to the increase in medical insurance premiums, subject to a maximum of $24.00 per month. Bakersfield, California, July 13, 1983 - Page 7 Effective December 26, 1983, employees will receive a 3% across-the-board salary in- crease. Effective July 9, 1984, employees will receive a 2% across-the-board salary in- crease. Effective July 9, 1984, the City will institute a longevity pay program, as follows: l0 or more years of uninterrupted years of City service - 2% salary increase; 15 or more years of uninterrupted years of City service - an additional 2% salary in- crease; 20 or more years of uninterrupted years of City service - an additional 2% salary increase. The total cost of this package for Fiscal Year 1983-84 is $67,700. The Governmental Efficiency and Personnel Committee is also recommending Council approval of the following for Management employees with exception of Police and Fire Management, who were included in the Police and Fire Memorandums. Effective July ll, 1983, the City will pay an additional $41.41 per month towards the cost of health insurance premiums. Effective July 9, 1984, the City will in- crease its contribution to an amount equal to the increase in medical insurance premiums, subject to a maximum of $24.00 per month. Effective December 26, 1983, employees will receive a 3% across-the-board salary increase. Effective July 9, 1984, employees will receive a 4% across-the-board salary increase. The total cost of this package for Fiscal Year 1983-84 is $54,300. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 10-83 regarding 1983-84 Salary Negotiations, was accepted; and recommendations as outlined in the report, were approved by the following roll call vote: Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff, Barton Noes None Absent: None Bakersfield, California, July 13, 1983 - Page 8 Director of Fire and Development Services Needham presented a report, dated July 8, 1983, regarding Response to the State Department of Housing and Community Development's comments on the Housing Element, as follows: The City Council adopted a Revised Housing Element to the General Plan on January 12, 1983. State Department of Housing and Community Development (HCD) comments on the Draft docu- ment were received too late for consideration and, accordingly, the Council requested the staff prepare responses to the State comments. Both State comments and staff responses were distributed to the City Council, Planning Com- mission and Housing Advisory Committee in March. One Planning Commissioner recommended additional considerations to be included in response to the State comments. Two alternative actions have been considered in responding to the State comments. One method would be to address each specific comment and return that to the State as a proposed amendment to the recently adopted element. The City, however, would still be required to update the Housing Element as required by law by July 1, 1984. The second alternative would be to incorporate the State's comments, the additional comments received in their review by others and new information, which will come from this year's scheduled update process into the revised element to be adopted this fiscal year. The staff recommends the City incorporate the State comments and responses into the 1984 update program. The staff would have a draft document prepared for the City Council, Planning Commission and State review by January, 1984, which would allow sufficient time for public hearing, State review and adoption by July l, 1984. Upon a motion by Councilman Means, report from Fire and Development Services regarding Response to the State Department of Housing and Community Development's Comments on the Housing Element, was accepted; and, if the Citizens'Committee have no strong objections, staff was directed to incorporate the State's comments and responses into the 1984 update program and prepare a draft document for the Council, Planning Commission and State reviews by January, 1984, which will allow sufficient time for public hearings, State review and adoption by July 1, 1984. Bakersfield, California, July 13, 1983 - Page 9 Director of Public Works Hawley presented a report, dated July 13, 1983, regarding Grant Funds Under the Jobs Bill, Public Law 98-8, as follows: In March, 1983, President Reagan signed the Jobs Bill, Public Law 98-8. The objective of this bill is to create jobs for the unemployed and rehabilitate and improve public parks and other publicly-owned or controlled lands. California allocation is based on the current level of unemployment and amounts to $5.7 million. Of this portion, approximately $4 million has been earmarked for local govern- ment, with each project and agency limited to $20,000. The funds are only available between July 18, 1983 and September 30, 1983. Due to the limited time frame, the Public Works Department submitted proposals to the California Department of Forestry, the State agency administering the projects at the local level. We were recently notified that our project is acceptable and can be funded for $20,000. Our proposal consisted of hiring unemployed individuals to trim and prune trees and shrubs in City Parks and on the public right-of-ways within the City. Due to a backlog in our tree trimming program, this work wou~d not be completed by September 30, 1983, without the grant. If the City Council desires to participate in this program, it will be necessary to approve the application and resolution authorizing the City Manager to execute the agreements. Adoption of Resolution No. 91-83 of the Council of the City of Bakers- field approving the Application for Grant Funds under the Jobs Bill, Public Law 98-8. Upon a motion by Councilman Christensen, Resolution No. 91-83 of the Council of the City of Bakersfield approving the Application for Grant Funds under the Jobs Bill, Public Law 98-8, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff, Barton Noes None Absent: None City Manager Kelmar reported a number of months ago he indicated to the Council that there was Legislation being proposed that would allow the City to, again, initiate annexation of small Bakersfield, California, July 13, 1983 ~ Page 10 islands. Several years ago there was similar Legislation that terminated and it is being reactivated. The Legislature has approved Assembly Bill 14 and it is on the Governor's desk for signature. A Legislative Bulletin has been received from the League of California Cities asking that letters be sent to the Governor requesting him to sign the Bill. The urban area of Bakersfield contains approximately seven of these islands that will fall within the parameters of this Legislation and the Council is requested to authorize the Mayor to send a letter to the Governor requesting him to sign AB-14. Upon a motion by Councilman authorized to send a letter on behalf Christensen, the Mayor was of the Council to Governor CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 7417 to 7468 and i to 27, inclusive, in the amount of $62,709.09. (b) Draft of the Financial Plan and a proposal from John Carollo Engineers for the Design and Construction Engineering for Expansion and Upgrading of Wastewater Treatment Plant No. 3. (Refer to Water and City Growth Committee) (c) Plans for construction of Guard Rail on Stockdale Highway at the Kern River Bridge. (d) Notices of Completion and Acceptance of Work on: Construction of Sewer and Storm Drain, Fairview Assessment District, Contract No. 82-183 with B & B Plumbing Co., Inc. Traffic Signal System on Ming Avenue at Ashe Road and Gosford Road, Contract No. 82-218 with Kunert Electric. Parcel Map No. 6488, Contract No. 82-112 with Quality Investments, Inc., located on Bernard Street, east of Mt. Vernon Avenue. Parcel Map No. 6581, Contract No. 82-122 with James A. & Pauline A. Moore, located at southwest corner of Union Avenue and Calle De Oro. Deukmejian urging him to sign AB-14 regarding Island Annexations. Bakersfield, California, July 13, 1983 - Page ll Upon a motion by Councilman Means, Items (a), (b), (c) and (d) of the Consent Calendar, were adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff, Barton Noes None Absent: None NEW BUSINESS Upon a motion by Councilman Christensen, Budget Hearing set for July 25, 1983, was canceled. Adoption of Emergency Ordinance No. 2859 New Series of the Council of the City of Bakersfield amending Chapter 15.48 of the Bakersfield Municipal Code relative to Fencing Swimming Pools, Spas, Private Ponds and Lakes, Canals and Ditches. This Emergency Ordinance clarifies requirements for fencing of outdoor bodies of water to specify that spas, hot tubs and private ponds must be fenced; exempts groundwater recharge basins owned by a public agency from fencing requirements; deletes provisions which experience has shown to be unnecessary; and makes other minor adjustments in the chapter. Upon a motion by Councilman Christensen, Emergency Ordinance No. 2859 New Series of the Council of the City of Bakers- field amending Chapter 15.48 of the Bakersfield Municipal Code relative to Fencing Swimming Pools, Spas, Private Ponds and Lakes, Canal and Ditches, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: None Adoption of Resolution No. 92-83 of the Council of the City of Bakers- field declaring it has reviewed, evaluated and considered the infor- mation contained in the Final EIR and a Supplemental Final EIR which combined constitutes a Final EIR for five disposal alternatives for Waste- water Treatment Plant No. 3 Expansion, making findings, and certifying that said Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 60-80. B~kersfield, Californ±a, July 13, 1983 - Pa~e l'n This resolution makes certain findings and certifies completion in compliance with CEQA requirements of the Final E.I.R. on five alternative disposal sites or methods in connection with expansion of Treatment Plant No. 3. The City Planning Commission held public hearings on the Draft E.I.R. on March 18, 1982, and the Supplemental Draft E.I.R. on June 2, 1983. The Commission recommended certification of the Final E.I.R. to the City Council on July l, 1982, and the Supple- mental E.I.R. on July 7, 1983. Upon a motion by Councilman Barton, Resolution No. 92-83 of the Council of the City of Bakersfield declaring it has reviewed, evaluated and considered the information contained in the Final EIR and a Supplemental Final EIR which combined constitutes a Final EIR for five disposal alternatives for Wastewater Treatment Plant No. 3 Expansion, making findings, and certifying that said Final EIR has been completed in compliance with the California Environ- mental Quality Act, the State EIR Guidelines and City Resolution No. 60-80, was adopted by the following roll call vote: Means, Payne, Ratty, Rockoff, Ayes: Councilmen Christensen, Barton Noes: None Absent: None Adoption of Resolution No. 93-83 of the Council of the City of Bakers- field declaring that it has reviewed, evaluated, and considered the infor- mation contained in the Final EIR for a Proposed Bakersfield Airpark Expansion Plan, making findings, and certifying that said Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Council Resolution No. 60-80. All actions required to meet CEQA and City Council Resolution No. 60-80 guidelines Bakersfield Planning Commission of the Final E.I.R. have been completed and the is recommen~ng the certification t'70 Bakersfield, California, July 13, 1983 - Page 13 Upon a motion by Councilman Barton, Resolution No. 93-83 of the Council of the City of Bakersfield declaring that it has reviewed, evaluated, and considered the information contained in the Final EIR for a Proposed Bakersfield Airpark Expansion Plan, making findings, and certifying that said Final EIR has been com- pleted in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Council Resolution No. 60-80, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: None HEARINGS This is the time set for public hearing before the Council on an Appeal by La Hacienda, Inc., to the decision of the Board of Zoning Adjustment granting an application for a Conditional Use Permit with seven conditions to Dale Hankins to allow an oil well in an R-2 (Limited Multiple Family Dwelling) Zone, on that certain property in the City of Bakersfield commonly known as Rio Bravo Golf Course. This hearing has been duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mr. George Nickel, President of La Hacienda, Inc., stated there is an excavation site approximately 200' x 500' with a number of roads going in and out of the area. It will destroy the area of the golf course where the drilling site is proposed to be placed. It is located in an area where they have sold the adjacent property to the Lakeside Golf Course Partners and they are in the process of completing the grading work for condominiums and single family dwellings that have been approved by the City. The well location is almost on top of that construction area. The Bakersfield, California, July 13, 1983 - Page 14 t71 owners of the construction area were not notified of the action contemplated tonight. It is premature to grant a license to con- duct indiscriminate drilling in this area. It is hoped this situation can be delayed until proper notification is made and a determination made on what is going to happen out there, because a lot of money and time has been spent to develop this area. In answer to a question by Councilman Payne, George Nickel stated the oil well drilling site is on the Rio Bravo Golf Course and the housing development is immediately north of it. In answer to a question by Councilman Payne, City Attorney Oberholzer stated Mr. Hankins, apparently, has a lease with the Federal Government for the mineral interests on that property and he is allowed access to those mineral interests. Mr. Hankins requested a Conditional Use Permit at that location. The location, as determined by the Board of Zoning Adjustment, would create the least amount of interference with the operation of the golf course and residential development on that property. Mr. Scott Brook, representing La Hacienda, Inc., stated he brought up at the Board of Zoning Adjustment hearing, that the applicant has not proved that he has the lease rights. He was also requested by Lakeside Golf Course Partners, developers of the adjacent property, to advise the Council that they were not notified of the Board of Zoning Adjustment hearing or this hearing. Mr. Brook submitted a map he prepared showing the area where Mr. Hankins plans to drill his well. The site that has been approved is on the immediate edge of the tee of the seventh hole of the golf course. If the drilling pad is set anywhere within the area provided by Mr. Hankins it will as, potential development. Mr. Ken Evans, member damage existing facilities, as well of the firm of Evans, Carey & Crozier Consulting Petroleum Engineers and representing Dale Hankins, explained why Mr. Hankins requested the Conditional Use Permit to Bakersfield, California, July 13, 1983 - Page 15 drill the oil well at this particular site. from the U. S. Government since July, 1976, established on that lease by July 31, 1983, He has had the lease and production must be or he will lose it. Mr. Nickel knew when he purchased the property he was only buying the surface rights. Mr. Hankins made every attempt he could to contact Mr. Nickel and did not hear from him until March, 1983. Their letter to Mr. Hankins indicated they would throw every obstacle they could into his path so he would not drill on their property. The mineral rights are owned by the U. S. Bureau of Land Management and they have extremely stiff penalities and obligations placed on drillers in these situations. The State Division of Oil and Gas has strict rules and regulations with regard to placement of wells, the way it is developed and abandoned. The statement made that the size of the well location is 500' x 200' to 300' is not true, it is 200' x 100'. It will be totally cleaned up, it must be landscaped and everything painted. If there is production they have permission of the landowner to the west to place the tanks on his property. They must be painted and land- scaped to camouflage them. In answer to a question by Councilman Ratty, Mr. Evans stated it would take 7 to 10 days to drill the well and they would be on the site for approximately 15 days. If there is oil on the property, the well would be off the property in 15 days. be completed within 30 days. completed and the drilling equipment The testing, landscaping, etc., would In answer to a question by Councilman Rockoff, Mr. Evans stated that if oil is discovered there is a potential of placing more wells in the area. 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. Mr. Nickels presented pictures he took of the drilling site and stated the area is approximately 500' x 200' Bakersfield, California, July 13, 1983 - Page 16 In answer to a statement by Mr. Nickels, Mr. Evans stated they have permission of the adjacent property owners to use their roads and construct new ones and place the tanks there so it will not clutter the golf course. Councilman Christensen made a motion that the Appeal by La Hacienda, Inc., to the decision of the Board of Zoning Adjust- ment granting an application for a Conditional Use Permit with seven conditions to Dale Hankins to allow an oil well in an R-2 (Limited Multiple Family Dwelling) Zone, on that certain property in the City of Bakersfield commonly known as Rio Bravo Golf Course~ be denied and the Conditional Use Permit granted. Councilman Ratty stated the Conditional Use Permit should be granted for drilling and testing on a 100' x 200' pad and then have them come back to the Board of Zoning Adjustment for develop- ment of the permanent structure. Councilman Christensen stated that was the intent of his motion. City Attorney Oberholzer stated he wanted to make it clear to the Council, or any party in this hearing, so they are not of the opinion that after the well is drilled and if quantities: of oil are found, that neither the Board of Zoning Adjustment or Council could deny them the right to put in an oil well to pump it out. Councilman Rockoff stated it is only the architectural aspect they wanted to refer back to the Board of Zoning Adjustment for approval. Councilman Christensen's amended motion that the Appeal by La Hacienda, Inc., to the decision of the Board of Zoning Adjust- ment granting an application for a Conditional Use Permit with seven conditions to Dale Hankins to allow an oil well in an R-2 (Limited Multiple Family Dwelling) Zone, on that certain property in the City of Bakersfield commonly known as Rio Bravo Golf Course, be denied and the Conditional Use Permit granted for drilling and Bakersfield, California, July 13, 1983 - Page 17 testing the well on a 100' x 200' pad and come back to the Board of Zoning Adjustment for development of the permanent structure, carried by the following roll call vote: Ayes: Councilmen Christensen, Ratty, Rockoff Noes: Councilmen Payne, Barton Absent: Councilman Means Mayor Shell declared a brief recess at 8:55 P.M. and reconvened the meeting at 9:00 P.~. This is the time set for public hearing before the Council on an Appeal by Sequoia Engineering, Inc., to the decision of the Board of Zoning Adjustment denying the application for a Modification to permit the reduction of the required front yard setback on 66 lots from 25 feet to 22 feet, in an R-1 (One Family Dwelling) Zone, on that certain property located adjacent to the north side of Fairview Road, 1,320~ feet west of South "H" Street and northerly to the extension of Faith Avenue. This hearing has been duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mr. Robert Smith, Civil Engineer and President of Sequoia Engineering, stated there is an existing structure with a swimming pool in the rear yard, which fixed the line of the southerly street, Springfield Avenue. From that point the rest of the property was equally divided to produce the rest of the lots, which are 97.7 feet deep. The lots are not substandard in any other way and contain 6,000 square feet. They are requesting a reduction in the front yard setback to produce more back yard area. This would provide the same size back yard as 100 foot lots. Back yards are more desirable due to swimming pools and other activites, whereas, front yards are mainly used for off-street parking. They conducted a survey of valley towns and they all have front yard setbacks of 20 Bakersfield, California, Ju~y 13, 1983 - Page 18 feet or less for the same size lots as being discussed tonight. When the City changed the minimum lot size in R-1 Zones from 7,200 square feet to 6,000 square feet, basically, 20 foot back yards were lost. The standard lot size went from 120' x 60' to 100' deep and the front yard setback stayed the same, so 20' of back yard was lost. Due to the sewer and street configurations this plan was the only reasonable alternative and that is why the request for the setback was submitted. Mr. Mike Mason, Homestead Savings & Loan Association, stated when the City reduced the minimum lot size from 7,200 square feet to 6,000 square feet, due to the cost of land and to make housing affordable, they did not adjust the setbacks. People in California enjoy back yard ~iving for various reasons, and by not adjusting the front yard setback it decreased the back yard areas. The back yard is a more valuable asset to the homeowner than the front yard. 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. Councilman Ratty stated the setbacks on the front and back yards are something that should be referred to the Planning Commission for review. However, at the present time the Council should adhere to present standards. Upon a motion by Councilman Ratty, Appeal by Sequoia Engineering, Inc., to the decision of the Board of Zoning Adjust- ment denying the application for a Modification to permit the reduction o£ the required front yard setback on 66 lots from 25 feet to 22 feet, in an R-1 (One Family Dwelling) Zone, on that certain property located adjacent to the north side of Fairview Road, 1,320 ~ feet west of South "H" Street and northerly to the extension of Faith Avenue, was denied by the following roll call vote: Ayes: Councilmen Christensen, Noes: Councilman Payne Absent: None Means, Ratty, Rockoff, Barton Bakersfield, California, July 13, 1983 - Page 19 Upon a motion by Councilman Barton, the Planning Com- mission was requested to review the front and back yard setback requirements on 6,000 square foot minimum lot size. This is the time set for public hearing on Resolution of Intention No. 971 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of the twenty-foot alley south of Hilton Head Way and west of Moffitt Way in the City of Bakersfield. This hearing was duly advertised and posted. The application for this alley vacation was submitted by Tenneco Realty Development Corporation. Mayor Shell declared the hearing open for public partici- pation. Susan Rohan, representing Tenneco Realty Development Corporation, stated they are in favor of this alley vacation. 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. Upon a motion by Councilman Ratty, Resolution No. 94-83 of the Council of the City of Bakersfield ordering the vacation of a portion of the twenty-foot alley south of Hilton Head Way and west of Moffitt Way in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: None This is the time set for public hearing on a proposed Ordinance restricting any vehicle having a manufacturer's gross vehicle weight rating of 25,000 pounds or more, and designed to carry freight, material or merchandise to State highway routes within the City, and to certain other specified routes. This hearing was duly advertised. Bakersfield, California, July 13, 1983 - Page 20 Mayor Shell declared the hearing open for public partici- pation. Mr. Paul the ordinance. Slevkoff, 1301 Dodge Avenue, spoke in favor of 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. Upon a motion by Councilman Ratty, Ordinance No. 2860 New Series of the Council of the City of Bakersfield amending Section 10.44.060 of the Bakersfield Municipal Code relative to Truck Routes and Truck Parking, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Barton Means, Payne, Ratty, Rockoff, None None This is the time set for public hearing before the Council on the 1983 Weed Abatement Program. The property owners were notified by mail. Director of Fire and Development Services Needham stated this year over 200 notices to abate weeds were sent to property owners and everyone complied except the properties on the list submitted to the Council. The list submitted to the Council contains five properties, however, Street has been cleaned and can be have not been abated. Mayor Shell declared the the lot at 211 South Owens deleted. The other four lots hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Christensen, Resolution No. 95-83 of the Council of the City of Bakersfield finding that certain Weeds growing on properties in the City of Bakersfield constitute a Bakersfield, California, July 13, 1983 - Page 21 public nuisance and directing the Chief of the Fire Department to abate such nuisance, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff, Barton Noes None Absent: None CLOSED SESSION Upon a motion by Councilman Christensen, the Council recessed to a Closed Session at 9:35 P.M. to discuss the basic compensation of the City Manager's contract and the City Attorney's; salary. The regular meeting was reconvened at 11:25 REGULAR MEETING Upon a motion by Councilman Rockoff, the City Manager and City Attorney were granted the same salary package as granted to the Management Unit, listed as follows: Effective July 11, 1983, the City will pay an additional $41.41 per month towards the cost of health insurance premiums. Effective July 9, 1984, the City will in- crease its contribution to an amount equal to the increase in medical insurance premiums, subject to a maximum of $24.00 per month. Effective December 26, 1983, employees will receive a 3% across-the-board salary increase. Effective July 9, 1984, employees will receive a 4% across-the-board salary increase. ADJOURNMENT There being no further business to come before the Council, adjourned at 11:30 P.M. upon a motion by Councilman Christensen, the meeting was MAYOR of t~/~ity of Bakersfield, Calif. ATTEST: ERK ~nd Ex ~Dfficio ~lerk of of the Council the City of Bakersfield, California ma Bakersfield, California, July 26, 1983 Minutes of a budget session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., July 26, 1983. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Absent: None City Manager Kelmar reported that when the Agenda was prepared an article regarding the additional loss of subventions from the State appeared in the newspaper. Since then, the League of California Cities has sent a Legislative Bulletin, which the Council has copies o£, that indicates that, in addition to the $1,700,000 loss that was anticipated, the City will lose another $1,100,000 from State subventions. This will add to the City's deficit of $2,700,000 for a total deficit of $3,800,000. Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 11-83 regarding 1983-84 New Position Requests, as follows: During the past few months, the City Manager's Office has reviewed various budget requests for additional personnel, which were made by department heads. Departmental requests were made for 29 new positions and several reclassi- fications, which, if allowed, would result in an additional annual cost of $983,636. All of the requests are based on departmental needs, taking into consideration that the City has grown in population over the last ten years nearly 50% and the area of the City has grown 166%. From all indications this trend will continue, and in an attempt to keep up with this growth the City Manager has recommended 14 of the 29 new positions. Attached to the report is an outline of the department head requests and the City Manager's recommendations. Also attached are the depart- ment head requests and the justifications for each of the requested positions. The Governmental Efficiency and Personnel Committee (GEP) has reviewed all of these requests and we are recommending the following personnel changes for Fiscal Year 1983-84. Bakersfield, California, July 26, 1983 - Page 2 PUBLIC WORKS One additional position of Engineering Tech- nician II. This position is necessary to reduce the response time for requests for traffic studies and information. The backlog of incompleted projects increases faster than the present staff is able to complete projects. Annual Employee Cost - $36,275 Equipment Cost - $ 1,045 POLICE DEPARTMENT Ten additional Police Officer positions. These positions are essential, based on the continued growth of the City. The average response time for an emergency priority call is presently 8.3 minutes compared to a five minute response time ten years ago. Recent annexations, such as Rio Bravo, Park Stockdale and Kern City, have increased the patrol areas to the point that patrol districts must be realigned and an additional district created. Annual Employee Cost - $336,910 Equipment Cost - $ 27,800 One additional position of Communications Engineer and one additional position of Com- munications Technician II. Standford Research Institute (SRI) conducted a study of this City's communications system in 1981. As a result of this study, a Communications Coor- dinator was hired and subsequently, he has evaluated the SRI report and is in agreement for the need of these two additional positions. The recommendations of the SRI report cannot be met without adequate staffing and resources. Annual Employee Cost - $73,380 Equipment Cost - $ 5,080 CITY MANAGER'S DEPART)4ENT One additional position of Clerk Typist II. The workload in the City Clerk's Office has considerably increased over the last few years. It has reached the point where the present staff can no longer keep up with the present workload. The ~4ayor's Secretary was assigned work by the City Clerk in past years, however, the ~layor's workload has increased to the point that her Secretary is no longer able to assist the City Clerk's staff. Annual Employee Cost - $17,636 Equipment Cost - $ 1,650 In addition to the City Manager's recommenda- tion, the GEP Committee is recommending one additional position in the Fire Department. This position was recommended to the Water and City Growth Committee in December, 1982. The Bakersfield, California, July 26, 1983 - Page 3 position is a Community Service Technician, which will be responsible for the City's Weed Abatement Program. The total cost for the Community Service Technician will be $16,200 per year. The total 1983-84 employee costs will be $480,401, and total equipment costs will be $35,575. The GEP Committee also discussed requests from the Chief of Police and the Fire Chief recom- mending income protection insurance for their reserves. Last year one of the City's Reserve Officers was injured while on duty, which incapacitated him for several weeks. The only income protection is through the Worker's Compensation Program, which allows $196 per week. This amount is not sufficient for the Reserves to live on while on injury leave. Both Chiefs have requested that this amount be increased by $150 per week for the Fire Depart- ment Reserves and $200 per week for Police Reserves. The total annual cost to the City would be $3,400. The Reserve Program is presently resulting in over $250,000 savings to the City each year. This Committee feels it is only fair that the Reserve Officers receive this additional protection. We, therefore, recommend approval of both Chiefs' requests. The GEP Committee received a request from the retired employees regarding the increase in the Blue Cross Medical Insurance Program. Their request was for a 50-50 participation plan by the City and retired employees. At the present time, the City is paying approximately one- third of the total cost for medical insurance coverage. To pay on a 50-50 basis would cost the City approximately $52,000 more each year. The Committee sympathizes with the retired employees' request, however, we are recom- mending that the City pay one-third of the increase for those retired employees with five to nine years of City service; two-thirds of the increase for those employees with ten to fourteen years of service; and the full increase for those employees with fifteen or more years of service. We feel this is a fair and equitable recommendation and reward for those people who have served the City. We further recommend that the City insurance program be modified so that new employees must have at least fifteen years of service to be included in the insurance program for retired employees. The total in- creased cost this year would be approximately $25,000. In order to implement this report, we are recommending Council approval as follows: 1. Receive and approve this report to approve the change in the Salary Resolution. 2. Approve the job specifications for Com- munications Engineer. Bakersfield, California, July 26, 1983 - Page 4 Councilman Payne made a motion that Governmental Efficiency and Personnel Committee Report No. 11-83 regarding 1983-84 New Position Requests, be accepted and the recommendations as outlined in the report approved. Councilman Christensen, for the record, stated since there are seven wards in the City, he would like to see a minimum of two Policemen patrolling each ward, rather than the twelve presently patrolling the entire City. Police Chief Price stated it takes five Police Officers to patrol one district 24 hours per day. It would take an addi- tional five Police Officers, above the requested ten new Police Officers, to accomplish what Councilman Christensen suggested. Councilman Means stated he agrees with all of the requests except that the Secretary assigned to the Mayor's Office was not intended to be a full-time position. He supports all the work the ~ayor is doing, however, what has happened is that positic, n has gone from a half-time position to a full-time position. In light of everyone having to make cuts he feels the Secretary in the Clerk's Office, assigned to do the Mayor's work, should go back, as in the past, to half-time in the Mayor's Office and half-time in the Clerk's Office. Councilman Ratty stated Police Officers have been added to the City in the recent past and in light of the $3,800,000 deficit he feels the Council should approve five new Police Officers now and review it again in January, 1984, for the other five positions. In answer to questions by Councilman Ratty, Police Chief Price stated they could not realign the districts if all ten positions are not approved. They would try to fill the existing vacancies in the districts. He could not honestly answer the question of whether it would be detrimental to the public health and safety. The Police Department's calls for services are in- creasing every year. There were 2 annexations this yea~ which the CRIS ~odel indicated two Police Officers should have been added at that time. If only five new Police Officers are approved then, in Bakersfield, California, July 26, 1983 - Page 5 a sense, service to the rest of the City will be decreased, be- cause response time would go up. If the Police Officers are hired tomorrow, it will be six months, from August, before they will be put on the street. If the approval of the other five Police O£ficers is delayed six months, it will be one year before they will be ready for street duty. Councilman Rockoff stated, at this point, he agrees with Councilman Ratty, because by delaying the approval of five of the requested ten Police Officers it would reduce the deficit without materially affecting the service. The service would not be as good as it could be, but sometimes things have to be weighed. City Manager Kelmar stated there is a recommendation in the Budget Review and Finance Committee Report to reduce the Council's Contingency Fund. If the Council is going to add five Police Officers in January, 1984, that fund will be reduced to almost half, so there would be very little left for emergencies. Councilman Rockoff stated the Council can look at the City's financial position at that time to see what can and cannot be funded. Hopefully, by that time the financial picture will improve. Councilman Payne stated the concerns of Councilmen Ratty and Rockoff are valid and were considered by the Committee. When it was reviewed by the Committee they were told that there are usually 6.1 officers off duty in every 24 hour period due to vacations, sick leave or injuries. The addition of only five of the requested ten Police Officers could result in a decrease in services. The last place the Council should consider cutting back in needed manpower is in an area that directly affects protection of life and property. Mayor Shell, in response to Councilman Means' suggestion that her Secretarial help be cut in half, stated that the Charter provision on Secretarial help for the Mayor is not very clearly defined as to the amount of time she is alloted that service. If Bakersfield, California, July 26, 1983 - Page 6 the Council wants it more clearly defined, perhaps, a Charter Amendment should be placed on the ballot. Mayor Shell also stated she did not spend all the funds alloted to the ~ayor's Of£ice in Fiscal Year 1980-81, 1981-82 or 1982-83, which went back into the General Fund of the City. In answer to a question to a question by Councilman Ratty, City Manager Kelmar stated if the recommendations contained in the Governmental Efficiency and Personnel Committee Report are added to the budget deficit the total deficit would be approximateZLy $4,350,000. In answer to a question by Councilman Ratty, City Attorney Oberholzer stated the budget can be amended at a later date, how- ever, a provision can be made at this time to add the five Police Officers in January, 1984, if the funds are available. ~rs. Martha Walters, speaking in favor of the request for ten new Police O£ficers, stated she feels the City should have Police Precincts in various areas of the City, which would alleviate a lot of stress on the officers, because they would become acquainted with their area and citizens. There are vacant buildings that could be used for that purpose. If the City continues to grow it will have to be done in the future. The City Police Department and. County Sheriff's Office should have a cooperative effort rather than all the hopscotching around different areas and answering calls. Mrs. Walters also suggested that a Canine Corps be instituted in the City in cooperation with the County Sheriff's Office for training and housing the dogs. Mrs. Elizabeth Van Alstyne, 613 Pebble Beach Drive, stated she feels the requested ten Police Officers should be approved, because they are desperately needed. She was told by the County that the City will receive the property taxes, due to the annexa- tions of Kern City and Park Stockdale, alloted to the Kern County Sheriff's and Fire Departments. She also indicated she is willing Bakersfield, California, July 26, 1983 - Page 7 to pay any amount of taxes as long as the Council promises to spend it specifically for law enforcement, because that is top priority in government. Councilman Payne's motion that Governmental Efficiency and Personnel Committee Report No. 11-83 regarding 1983-84 New Position Requests, be accepted and the recommendations as outlined in the report approved, carried by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: None Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 22-83 regarding Operating Budget for Fiscal Year 1983-84, as follows: On June 22, 1983, the City Manager submitted a preliminary budget document for Fiscal Year 1983-84 to the City Council. The preliminary estimates contained in the recommended budget reflected a deficit o£ $2,700,000, however, the City Manager did indicate a number of alternatives available to the Council in order to balance the budget. In light of the deficit, at the Council Meeting of July 6, 1983, the City Council discussed the possibility of the number of options that would be considered by the Budget Review and Finance Committee while reviewing the recommended budget. After dis- cussing the matter, the City Council directed the Budget Review and Finance Committee to have their budget discussions, this year, open to the public. Pursuant to Council direction, public meetings were scheduled at 12 Noon and 5 P.M. on July ll, 12 and 18, and 12 Noon meetings scheduled on July 14 and 15. The news media were sent news releases of the scheduled meetings in an effort to encourage attendance by the public. At our noon meeting of July ll, we took special note of the rapid growth the City of Bakers- field has experienced over the past recent years. Among the items we noted and discussed were such things as; the City area in square miles, total street miles in the City, number of City parks, and Police and Fire calls for service. We also noted the City has experienced a popu- lation growth of approximately 20% since the 1980 census alone. Subsequent to our discussions on the growth of the City, our meetings of July ll through July 15 were primarily dedicated to Bakersfield, California, July 26, 1983 - Page 8 hearing presentations from all department heads and discussed their budget requests and objectives. Generally, we were pleased to note the budget requests and proposed objectives reflected a continuation of the level of service for Fiscal Year 1983-84 as was provided to the City in Fiscal Year 1982-83. While we were pleased with the departmental recommenda- tions, we recommended the following objectives be included in the 1983-84 budget: Include an objective to update the "planning fees" to ensure the City collects fees sufficient to cover actual costs. Include an objective in Fire Safety Control which addresses and measures in a quanti- fiable manner the fires per 1,000 population. Also, under Fire Services Operations, Objective No. 2 which states, "to continue the Fire Prevention and Business License Inspection Programs conducted by emergency personnel, inspecting all business occupancies once a year and all hazardous occupancies four times a year," should be modified to be more specific and include measurable quantities. In the area of Street Maintenance we recom- mended an objective, as was included in the 1982-83 budget, which addresses the level of maintenance of City streets with a ratio of miles per blue collar employee. o An objective to reduce the amount of elec- trical consumption by 10% for City Hall and the Auditorium. o Include in Data Processing an objective to work with the Kern County Sheriff's Office in a joint effort so as to develop a "computer aided dispatch" and Police information system" for the City. An objective in Personnel to work with Kern County Personnel Office to use joint testing and recruiting where appropriate. 8. An objective to reduce the amount of costs for long distance calls by 10%. In addition to discussing the department budget requests, we requested each department head consider the deficit being faced by the City and suggest possible cuts of such magnitude so as to have a material affect on the deficit. In each case, the department heads made such suggestions, and, without exception, noted these to be suggestions to reduce the proposed budget and the suggestions would impact and reduce the level of service, consequently, each department head stressed they would not Bakersfield, California, July 26, 1983 - Page 9 recommend the implementation of any of the suggestions. Although all of the department heads discussed reductions, some of the more notable and dramatic changes in the level of service included such items as; elimination of "beat officers" on Lakeview, Baker Street and downtown, the closing of one or more fire stations, and with each closure the reduction of nine employees, the reduction or elimination of street sweeping, the closure of restrooms and pools in parks and playgrounds, and reducing the frequency of refuse collection to once a week. On Friday, July 15, we concluded our review and discussions with the department heads with regards to budget requests. As was previously anticipated in prior meetings, our meetings scheduled for Monday, July 18, would principally be dedicated to alternatives and options we felt are available to the City Council for purposes of balancing the City's budget. Prior to the commencement of our meetings at noon, we requested staff to furnish us an up-to- date expenditure report for 1982-83, in a format which compared the expenditures to 1981-82, as well as the City Manager's recommendations for 1983-84. After a brief review of the listing, we recessed until 5 P.~4. so as to allow adequate time to review, in detail, the listing and be able to return with what we believed to be reasonable reductions in proposed expenditures. Upon returning to our meeting at 5 P.M. we recommended the following reductions in pro- posed expenditures, which total $319,495: Amount $ 4,o00 Budget Page No. 23 Department and Description City Council - Uniforms and Accessories 200,000 24 City Council - Unapplied Appropriations (Contingency) 5,000 31 City Manager - Personnel Professional and Consulting Services 5,000 31 City Manager - Personnel/ Other Outside Services 660 32 City Manager - Personnel/ Office & Household Equipment 11,000 34 Community Promotions Contribution to Chamber of Commerce 188 Bakers£ield, California, July 26, 1983 - Page 10 Budget Amount Page No. Department and Description $ 7,500 133 Police Services - Materials and Services NOC 10,000 143 Fire Services - Overtime Pay 5,000 144 Fire Services - Electricity 3,285 145 Fire Services - Other Out- side Services 35,000 158 Street Lighting - Electricity 13,000 183 Auditorium - Electricity 4,000 204 Data Processing - Stationery, Office Supplies 16,050 215 General Services - City Hall Electricity It should be noted the $200,000 in the Council Contingency account is a result of approximately $100,000 remaining after concluding all salary negotiations and a reduction in the Council Contingency for 1983-84 to $300,000 (normally $400,000). The other recommended reductions were discussed and reviewed with the appropriate department heads. After reviewing the proposed reductions with staff members, each of the Committee members presented his plan and recommendations on cost savings and proposed revenue sources necessary to balance the 1983-84 budget. The first item we discussed was the possibility of increasing the "Room Tax" from 6% to 10%. We noted the increase would generate approximately $800,000 each year, and if implemented effective August l, 1983, would generate approximately $735,000 for 1983-84. We further noted a tax of 10% to be consistent with other cities throughout the San Joaquin Valley and the State. All members of the Committee agreed the Room Tax should be increased to the recommended 10%. Subsequent to the discussion on the Room Tax, each member of the Committee presented his program on what he felt would be the appro- priate measures necessary for the Council to approve in order to balance the 1983-84 budget. The recommendations are summarized as £ollows: Chairman Rockof£: Amount Approve the $319,495 proposed reductions in expenditures as itemized above. $ 319,495 2. Increase Room Tax to 10%. 735,000 Bakersfield, California, July 26, 1983 - Page Chairman Rockoff (Continued): Amount Impose a refuse collection charge using the schedule contained in the ordinance adopted in June, 1978, as a guide to proportionately impose the fee on residential and commercial in such an amount necessary to balance the budget. $1,645,505 $2,700,000* *(NOTE: Councilman Rockoff noted the $2,700,000 deficit is now approximately $4,000,000.) Councilman Ratty: Amount Approve the $319,495 proposed reductions in expenditures as itemized above. $ 319,495 2. Increase Room Tax to 10%. 735,000 All curbside refuse collection with exemption for aged and handicapped. 130,000 Impose a refuse collection charge "across-the-board" to both residential and commercial in proportion to the level of service they are receiving. 1,515,505 $2,700,000 Councilman Means: Amount Approve the $319,495 proposed reductions in expenditures as itemized above. $ 319,495 2. Increase Room Tax to 10%. 735,000 *3. Sell City surplus property located in the 2000 block of "L" Street (previously leased to the Blood Bank) and surplus property located on 21st Street between "M" and "N" Streets. 700,000 Eliminate salary for City Council members and Planning Commission members. 13,300 o Impose a refuse collection fee on commercial users only, in an amount necessary to balance the budget for 1983-84. 932,205 $2,700,000 *(NOTE: It was recommended that this sale be made to the Redevelopment Agency.) Bakersfield, California, July 26, 1983 - Page 12 Recommend the City take appropriate steps to notify the private refuse collectors the City intends to provide 100% of refuse collection in future years (beginning 1985-86 - $340,000 savings.) It was noted the City Council has no authority to change its salary. Changes in Council salaries require a Charter Amendment, however, City Council members are free to donate their salaries back to the City. After reviewing the individual recommendations, the Committee mutually agreed on the following recommendations Approve the $319,495 proposed reductions in expenditures as itemized above. $ 319,495 2. Increase Room Tax to 10%. 735,000 Sell City surplus property located in the 2000 block of "L" Street and surplus property located on 21st Street between "M" and "N" Streets. 700,000 Elimination of salaries for Planning Commission members. (Council donation of salaries - $9,100). 4,200 5. Impose a Refuse Collection Fee. 941,305 $2,700,000 Generally, the Committee was in agreement as to the necessity of imposing a refuse collection charge, however, Councilman Means would only support a recommendation to impose such a fee on commercial users. Councilman Ratty and Chairman Rockoff believe the charge should be imposed on both commercial and residential properties, and as such, this Committee has agreed to present both proposals to the City Council for determination and approval as the Council so desires. As we concluded our discussions, we asked the department heads to once again review their budget requests and if at all possible come forth with further reductions in proposed expenditures, and to look closely at capital expenditures (especially with regards to maintenance and repair of buildings), being proposed to be funded from the General Fund for 1983-84. Further, we posed several questions in areas, such as; street sweeping, refuse collection, minimum Business License Fees, comparable Business License Fees in other cities, long distance calls, etc. We requested the department heads return with Bakersfield, California, July 26, 1983 - Page 13 a~propriate responses for review by the entire Council. In addition to the preliminary budget, we also received requests for additional funding from the S.P.C.A., in the amount of $31,320, Bakers- field Symphony Orchestra $6,500, and the Cunningham Art Gallery (estimate $12,000). Those requests are still under consideration by this Committee. Finally, we also recognize that the Govern- mental Efficiency and Personnel Committee will be making recommendations regarding additional personnel for the 1983-84 Fiscal Year. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 22-83 regarding Operating Budget for Fiscal Year 1983-84, was accepted. Mayor Shell requested comments from people in the audience. Mr. Ted Haring, Executive Vice-President of the Chamber of Commerce and represneting the Board of Directors, stated he was present regarding the proposed reduction in the amount of funds for the Chamber of Commerce. They are impressed with the things the Council and staff has done to get this budget in shape. Basically, the Chamber wanted to point out that the $20,000 for the Community Promotion and Industrial Development has not changed since 1969 and the population has doubled. They are working with one and one-half persons less than was available two years ago. The Chamber believes they have been doing a very satisfactory job in services rendered during the past 14 years. The request for services has consistently increased and staff has been cut during that period of time. Mr. Haring outlined some of the tasks they perform for the benefit of the City. If the Council feels the $20,000 should, ultimately, be phased out, it is suggested by the Board that it be phased out at $5,000 per year, so their budget can be adjusted each year to withstand the reduction. In answer to a question by Councilman Ratty, Manager Graviss stated the $7,500 set aside last year Auditorium in the budget 192 Bakersfield, California, July 26, 1983 - Page for the Convention Bureau was not given to them because they did not match the funds as stipulated by the Council. There were ll conventions last year and the Auditorium was used 53 days, which brought in $6,500,000 to the City. Throughout the City there were 55 conventions this last year, which is an increase. Mr. Wayne Hathaway, member of the Board and Treasurer of the Convention Bureau, reported the statistics on the conventions held this last fiscal year. This organization is working full time to fill the hotel and motel rooms and they provide a great deal of service to conventions. Without the Convention Bureau a lot of that burden would fall on the Auditorium staff, which would probably have to be increased. Councilman Ratty stated he would like to encourage the Convention Bureau to increase their membership so they would be- come self-supporting. He feels the decrease in the funds provided by the City will provide the incentive to become self-supporting. Judy Valenzuela, Convention Bureau, stated the hotels and motels did not need to join the Convention Bureau because they were full. Now, with the new hotels and motels being con- structed in the City they will need the help of the Convention Bureau. There were 136 conventions brought to the metropolitan area by the Convention Bureau last Fiscal Year. Mr. Roy Gargano, representing the Kern County Refuse Company, stated they were startled to learn that there is a recommendation from Councilman Means in the Budget Review and Finance Committee Report that the City take appropriate steps to notify the private refuse collectors the City intends to provide 100% of refuse collection in future years. After working with the City for nearly one year negotiating a contract, that has been referred to in other areas of the State as the best in the State and have dozens of other areas wanting to retain him to come up with a similar system, it was startling to hear a minority recom- mendation to terminate a successful system. This system has worked !;)3 Bakersfield, California, July 26, 1983 - Page 15 successfully for 20 some years and the City has the best rates in the State of California. They do not understand where the figure of $350,000 savings comes from or the basis behind it. They would like to know if the Council is seriously considering this proposal or not. Councilman Means stated his proposal would have to be approved tonight in order to take effect two years from now. There is a clause in the contract that states the City can get out of the contract by giving two years notice. At the end of two years the City would save $350,000 per year by collecting all the garbage rather than private collectors doing it. The $700,000 from the sale of the surplus property would allow the City to fund the additional ten Police Officers until that two year period is up. In two years, when the City is out of that contract and collecting all the garbage, there would be an ongoing savings of $350,000 per year. The decision will have to be made tonight. In answer to a question by Mayor Shell, City Manager Kelmar stated the figure of $350,000 was computed by the Public Works Department. In answer to a question by Councilman Christensen, Public Works Director Hawley stated when the contract was negotiated a formula was included. The formula included the actual cost for the City to provide refuse collection service, based on the budget of the Refuse Division. Once that figure was arrived at, certain adjustments were made that apply to a private collection that would not apply to the City. For example; a profit, certain taxes and licenses, insurance costs, etc., that a private collector has to pay that the City does not have to pay. The difference in those two figures is the $350,000. Mr. Bob Bovee, Consultant and representing the Rubbish Haulers, stated collecting garbage is a complex subject and Council- man Means has over similified the matter. Mr. Bovee outlined the reasons the City has this type of agreement. ?he City has a Bakersfield, California, July 26, 1983 - Page balanced system and there is a trend across the Country for cities to go to the system the City of Bakersfield now has. Cities who collect all their own rubbish have substantially higher rates. The City of Bakersfield has a system that has one of the lowest rates, on a contract, of any City in California and saves between $500,000 and $1,000,000 per year. If this system is abandoned there will not be any savings to finance the added Police Officers. What the City will find is that there will be additional costs. Mr. Bovee requested that this matter be evaluated before taking action. After a lengthy discussion, upon a motion by Councilman Payne, the matter of the contracts with private refuse collectors was referred to the Business Development and Parking Committee for study and recommendation. Mayor Shell declared a brief recess at 9:20 P.M. and reconvened the meeting at 9:30 P.M. Mr. Pete Jones, President of the Bakersfield Symphony Orchestra, stated last year they spent $10,280 for use of the Civic Auditorium and their cost this year will be approximately $10,000. They are requesting a $10,000 grant from the City in order to break even with the City for the use of the Civic Auditorium. They feel they provide a tremendous service to the City. In answer to a question by Mayor Kelmar stated the budget was proposed with Shell, City Manager a $2,700,000 deficit, and the loss of subventions, in the amount of $1,100,000 plus $550,000 for the Governmental Efficiency and Personnel Committee's recommendations, must be added to that figure for a total deficit of $4,350,000. The City has a deadline of August 12, 1983, for submitting information for the tax rolls to the County and he did not feel the State will act on the subventions before that time. Councilman Means stated it is not clear to him that the City is short that additional $1,100,000 and feels the Legislature Bakersfield, California, July 26, 1983 - Page 17 will come back with something. He asked what happens if the Garbage Tax is approved and it is not needed. He feels the budget, as presented, is balanced, and the Council should deal with that. Councilman Barton asked if the Council imposes a Refuse Collection Fee to provide additional revenue to cover the $1,100,01)0 ~oss in subventions and later finds out it is not needed, could the fees be terminated. City Manager Kelmar stated he could not answer that question and suggested that the discussion on the Refuse Collection Fees be held over until tomorrow night in order to allow time to contact the County and get an answer. Councilman Rockoff made a motion that the $319,495 reductions in line expenditures be approved. Councilman Means, referring to the $16,050 expenditure for City Hall electricity, stated a memorandum was received from the Public Works Director stating energy could be cut in several areas, but did not feel $16,050 could be cut. If energy is not cut by that amount there would not be enough money in the budget to pay the bills. Councilman Means requested that that objective be left in the budget and the $16,050 remain in the budget in order to pay the bills, if necessary. 10% then staff should report the the Council can make suggestions If energy cannot be conserved by actions that have been taken and at that time. Councilman Ratty proposed that the Chamber of Commerce's request of phasing out the City's contribution at $5,000 per year be approved. City Manager Kelmar stated there is an additional $1,000 in the Chamber of Commerce's account for extra services that has never been used that can be deleted. The deletion from the Chamber of Commerce's appropriation would then be $6,000 instead of $11,000. Councilman Ratty stated $5,000 should also be deleted from the Convention Bureau's appropriation, because they are not '196 Bakersfield, California, July 26, 1983 - Page 18 making an adequate effort to secure new members and they have been given incentives which they failed to meet. Councilman Rockoff stated he disagrees with Councilman Ratty, because the efforts they make to bring conventions to Bakersfield provide 10% of the Bed Tax and the Council should not take away from a revenue source. Councilman Payne stated he feels the City could lose a lot more than can be saved by cutting down on the contribution to the Convention Bureau. Councilman Ratty offered a substitute motion to reduce the Convention Bureau's budget by $5,000. This motion failed to carry by the following roll call vote: Ayes: Councilmen Means, Ratty, Christensen Noes: Councilmen Payne, Rockoff, Barton, Mayor Shell Absent: None 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. Councilman Rockoff's amended motion that the reduction in line expenditures, with the exception of $16,050 for City Hall electricity and altering the reduction to the Chamber of Commerce from $11,000 to $6,000, for a total reduction of $297,445, was approved. Councilman Rockoff made a motion that the Room Tax be increased to 10%. This motion was unanimously approved. Councilman Means made a motion to sell two surplus properties located in the 2000 block of "L" Street (previously leased to the Blood Bank) and on 21st Street between "M" and "N" Streets for approximately $700,000, with the stipulation that it be offered to the Redevelopment Agency for the appraised value. After discussion this motion was unanimously approved. Mrs. Martha Walters expressed her objections to land banking. She felt it should be put on the open market and let the private sector speculate on it. lt 7 Bakersfield, California, July 26, 1983 - Page 39 During discussion, City Attorney Oberholzer stated if the Redevelopment Agency does not want to purchase the two surplus parcels of property and the Council wants to sell them to the general public, pursuant to the City's Real Property Disposal Ordinance, that should be incorporated in the motion. Upon a motion by Councilman Rockoff the action taken to sell two surplus properties located in the 2000 block of "L" Street and on 21st Street between "M" and "N" Streets for approximately $700,000, with the stipulation that ment Agency for the appraised value, Council. it be offered to the Redevelop- will be reconsidered by the Upon a motion by Councilman Means, the two surplus properties located in the 2000 block of "L" Street and on 21st Street between "M" and "N" Streets are to be offered, first to the Redevelopment Agency for the appraised value and if they decide not to accept the offer, then they are to be offered to the genera~ public pursuant to the City's Real Property Disposal Ordinance. Upon a motion by Councilman Rockoff consideration of the elimination of the Planning Commission's salaries and a Refuse Collection Fee will be held over until the final items in the Budget Review and Finance Committee's Report are considered. Councilman Ratty stated he will agree to the request from the S.P.C.A. for additional funding in the amount of $31,320, how- ever, he wants the Budget Review and Finance Committee to review the possibility of requiring Veterinarians to be accountable for collecting license fees when they see the animals. The present situation is not working, becuase only about 10% are being licensed. This matter should also be brought before the County's Intergovern- mental Relations Committee in order to reach a workable agreement between the City and County. Ratty. money Councilman Christensen stated he agrees with Councilman If the Dog License Program is enforced there will be enough to fund the S.P.C.A. Bakersfield, California, July 26, 1983 - Page 20 Upon a motion by Councilman Ratty, the additional funding, in the amount of $31,320, for the S.P.C.A., was approved; and the matter of requiring Veterinarians to be accountable for collecting license fees and increasing patrols was referred to the Budget Review and Finance Committee. Upon a motion by Councilman Ratty, the Bakersfield Symphony Orchestra was granted an appropriation in the amount of $10,000. Councilman Ratty made a motion that the request from the Cunningham Art Gallery for an estimated $12,000 for improvements to that facility be deferred until next year's budget sessions. Councilman Rockoff stated he feels the restrooms should be modified for handicapped persons. General Services Superintendent Jamison stated a handi- cappied ramp was constructed on the west side o£ the building approximately 3 years ago, and the cost of modifying the restrooms would be approximately $4,000. Councilman Rockoff offered a substitute motion that the City fund the modifications on the existing restrooms to accom- modate the handicapped, in the amount of $4,000, and defer the requests for painting and carpeting until next year's budget sessions. This motion was unanimously approved. Councilman Ratty stated he feels the Council should make a decision on the Refuse Collection Fees before going on with the budget. Councilman Christensen stated he will support a Refuse Collection Fee for commercial property, but because there are so many people in Bakersfield in the low-income bracket he could not support it for residential property. Councilman Ratty stated that would create a split roll on the taxes and he cannot support it, because it is a bad precedent to set. He feels the commercial and residential properties should pay their fair share for collecting refuse. 19',) Bakersfield, California, July 26, 1983 - Page 21 In answer to a question by Councilman Means, City Manage~? Kelmar stated at this point the Council still has to raise a little over $2,600,000. Councilman Means stated he opposes the residential Refuse Collection Fee and feels all the City needs at this point is $1,500,000, because it is not known what the Legislature will do regarding the subventions from the State. To generate the $1,500,000 he will only support the commercial fees for refuse collection. He feels the Council is trying to impose a Garbage Tax when it is not needed. Councilman Means requested that the two items be separated, because he does not believe the Council has to come up with the $2,600,000. He believes the Council only has to come up with $1,500,000. Mr. Normal Walters, property owner, stated they do not want to be over-taxed or taxed if it is not necessary. They do not want a fee placed on them. They want a tax so it is deductible. Mr. Walters asked what the rates would be. Director of Public Works Hawley stated, based on the present ordinance, single family residences would pay $3.00 per month. A commercial use with 2 cans would also pay $3.00 per month. Commercial uses with small bins and twice a week pick up would pay $15.00 per month, and from there it goes up to as high as $135.00 per month. Councilman Barton stated he is not ready to vote on a Refuse Collection Fee until staff finds out what the restrictions are about placing items on the tax rolls. Councilman Barton requested an explanation of the proposed Refuse Collection Fees. City Manager Kelmar stated the City adopted an ordinance in 1978, which details certain charges and has been suspended each year. The present number of services in each of the categories has been computed to determine what total revenues would be generated by the present ordinance. That is contained in the first two pages of a memorandum from the Public Works Director, dated July 6, 1983, Bakersfield, California, July 26, 1983 - Page 22 Office is the several years. it is. regarding Refuse Charge Revenues Based on Actual Cost. The second set of numbers are actually based on what the breakdown would be based on the present budget of the Refuse Program. Under the present ordinance it is $3.00 per month for a single family residence. Based on the present cost it is $4.56 per month. Councilman Rockoff stated Memorandum No. 12, attached to the Budget Review and Finance Committee Report, regarding approximately $45,000 for building improvements has not been discussed. In answer to a question by Councilman Ratty, Mayor Shell stated apparently it has been p~anned to remodel the Clerk's and Mayor's Offices £or many years, but Personnel, Community Develop- ment and Attorney's Offices had to be completed first. The Clerk's last one on the list and has been in the budget for Mayor Shel~ indicated her office is fine the way City Manager Kelmar stated, as the Mayor indicated, some of the remodeling around City Hall has been completed. Sometime in the past damage was done to the carpeting and it does not look very attractive and the office should be painted. Me did not feel the Mayor's Office is large enough to handle the number of people going through there. Councilman Means indicated he could not support enlarging an office or getting new carpeting with all the cuts to the budget the Council has been talking about tonight. Councilman Payne stated there has been cases where Heads of State have visited the Mayor's Office and he feels it is critical to the image of the City to remodel that office. Councilman Ratty stated due to the cuts made tonight and imposing fees he could not support it this year. Mayor Shell declared a brief recess at 10:50 P.M. and reconvened the meeting at ll:00 P.M. Bakersfield, California, July 26, 1983 - Page 23 Upon a motion by Councilman Ratty, the remodeling of the Mayor's Office, Caucus Room and Clerk's Office and replacing carpet with ceramic tile in the basement of the Police Department, in the amount of $33,825, was removed from the budget, by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton Noes Councilmen Means, Payne Absent: None Abstaining: Councilman Christensen Councilman Ratty made a motion that the City institute curbside refuse collection service for the entire City, excluding the elderly and handicapped. After discussion, this motion failed to carry by the following roll call vote: Ayes: Councilmen Payne, Ratty, Barton Noes: Councilmen Means, Rockoff, Christensen, Mayor Shei~ Absent: None 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. City Manager Kelmar stated he wanted to advise the Council that funds for the Finance Department and Data Processing will have~ to be provided if the City has to bill for Refuse Collection. A budget will be furnished to the Council in terms of what additional costs will be necessary. Councilman Ratty made a motion that, in order to recover costs, a minimum Business License Fee be established, dependent upon departmental involvement necessary to issue the license. This motion carried by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen None None Noes: Absent: Bakersfield, California, July 26, 1983 - Page 24 Councilman ~eans made a motion to continue the matter of a Fee Schedule for Traffic Signal Installation to apply to all new construction throughtout the City and be collected through the Building Permit process, until tomorrow night. This motion was unanimously approved. Councilman Barton made a motion to move to the hearing on Maintenance District No. 1. This motion was unanimously approved. City Manager Kelmar stated, since the Council agreed to increase the Room Tax, it is very important to enact that ordinance as soon as possible. It is suggested that the Council call a Special ~eeting this week. Councilman Barton made a motion that the Council call a Special Meeting for 5:00 P.M., Thursday, July 28, 1983, in the Council Chambers of City Hall, to consider an Emergency Ordinance relative to increasing the Transient Lodging Tax from 6% to 10%. Councilman Rockoff stated he feels the matter of an ordinance regarding the Refuse Collection Fee should be added to the Agenda for the Special Meeting. Councilman Christensen offered a substitute motion that the Special Meeting be limited to only considering the Emergency Ordinance relative to increasing the Transient Lodging Tax from 6% to 10%. This motion was approved by the following roll call vote Ayes Noes: Absent: Councilmen Means, Payne, Councilman Rockoff None This is Ratty, Barton, Christensen HEARINGS the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to Bakersfield, California, July 26, 1983 -Page 25 perform work of maintenance by City forces on Maintenance District No. l, which provides the basis for the benefit assessment for maintaining street landscaping and irrigation system to be borne by all parcels or property within Maintenance District No. l, generally extending west from the east curb line of the median strip of Gosford Road to the eastern boundary of the Arvin-Edison Canal and the area extending south from the south curb line of Stockdale Highway to the centerline of Ming Avenue. This hearing has been duly advertised and the property owners 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 for Council deliberation and action. Upon a motion by Councilman Means, Resolution No. 96-83 of the Council of the City of Bakersfield for Maintenance District No. i approving and adopting the 1983-84 Budget, levying assess- ments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County' Tax Collector, was adopted by the following roll call vote: Ayes Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes None Absent: None This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 2, which provides the basis for the benefit assessment for maintaining a public park to be borne by all parcels or property within Maintenance District No. 2, generally bounded by Ashe Road on the east, Ming Avenue on the south, E1 Portal Drive on the west (including all lots fronting Bakersfield, California, July 26, 1983 - Page 26 E1 Portal Drive), and Outingdale Drive/Kearsarge Way on the north (including all lots fronting on Outingdale Drive and Kearsarge Way). This hearing has been duly advertised and the property owners notified as required by law. Letters of protest were received from Mr. & Mrs. G. N. Buttram, 6712 Kearsarge Way, and J. F. Bergman, 6701 Rexford Way. 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. Councilman Means stated the people present in the audience worked very hard to get this park formed. Upon a motion by Councilman Means, Resolution No. 97-83 of the Council of the City of Bakersfield for Maintenance District No. 2 approving and adopting the 1983-84 Budget, levying assess- ments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector, was adopted by the following roll call vote: Ayes Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes None Absent: None RECESS Upon a motion by Councilman Christensen, the Council recessed its budget session at 11:35 P.M., until Wednesday, July 27, 1983, at 7:00 P.M. A~YO~~ C i t'y~of B a~l ATTEST: CIT d ~k Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, July 27, 1983 of Hall by Present: Minutes of a budget session of the Council of the City Bakersfield, California, held in the Council Chambers of City at 7:00 P.M., July 27, 1983. The meeting was called to order by Mayor Shell, the Pledge of Allegiance. The City Clerk called the roll as follows: Mayor Shell. followed Councilmen Means, Payne, Ratty, Rockoff, Barton (seated at 7:10 P.M.), Christensen Absent: None Upon a motion Planning Commission, in eliminated by the following roll call vote: Ayes: Noes: Absent: by Councilman Ratty, salaries of the the amount of $4,200 per year, were City Manager Kelmar stated, at this point in time, the imposition of a Refuse Collection Fee would generate revenue to the City in the amount of approximately $2,600,000. Staff contacted the County today and basically, by August 12, 1983, they need an indication of whether there will be a Refuse Collection Fee and what type of property the fee will be imposed on. August 29, 1983, is the last day the City can let them know what the amount will be. The Council will have to adopt an ordinance to forward to the County Board of Supervisors for their approval in order to be placed on the Property Tax bills. It cannot be changed after that date. In answer to a question by Mayor Shell, City Manager Kelmar stated the $2,600,000 figure takes into account the cuts the Council made to the budget, plus the $1,100,000 loss of sub- ventions from the State and that is what is needed to balance the budget. Councilman Means asked what the odds were that the Legislature will keep the subventions when they meet again. Councilmen Means, Councilmen Payne, Councilman Barton Ratty, Christensen Rockoff Bakersfield, California, July 27, 1983 - Page 2 City Manager Kelmar stated, late today, staff received an updated bulletin from the League of California Cities, which indicates that the Governor has reduced State expenditures by $607,000,000. The bulletin states this was done for the express purpose of asking the Legislature to appropriate such funds back to local governments via the Motor Vehicle In-Lieu Fees, Cigarette Tax and Business Tax, so local governments can receive State sub- ventions. What they indicated, is that, the Legislature has between August 15 and September 15, 1983, to act, because they are going to recess on September 15, 1983. It also states how the Legislature restores or replaces the $600,000,000 is also important to the League. Any one or combination of measures or options will be supported by the League; for example, State Sales Tax or other tax increases (liquor, wine, cigarette, oil severance, etc.), local options Sales Tax increase, closure of State Tax loopholes or upholding the Governor's vetoes and simply restoring the $600,000,000 already set aside. Any form of a local option Sales Tax will be flatly opposed, unless it fully replaces all lost subventions and guarantees a uniform State-wide local rate, therefore, avoiding the. creation of intercity competition over which cities have the lower Sales Tax. From the Sales Tax perspective the League is only going to lobby for a State-wide uniform Sales Tax increase. There is no indication, in the bulletin, of how they feel the chances are of getting the subventions back. Councilman Means stated the Governor has restored some of the funds and if that stays the City will not need the additional money. City Manager Kelmar stated that is correct, however, the problem is what happens if the City does not get the subventions. Councilman Means stated, because of the budget the Governor signed, he feels the City only needs $1,500,000 to balance the budget. Bakersfield, California, July 27, 1983 - Page 3 City Manager Kelmar stated the $607,000,000 is sitting there. The money has been taken away. There is no guarantee that money will be given back to the City. It may be the Governor's intention to give it back to the cities, but who knows what will happen. Councilman Means stated that is right and that is his point. City Manager Kelmar stated his only concern is, if this does not materialize before September l, 1983, what will the City do. The budget could not be adopted, at this point, under what Councilman Means has indicated, because it would be an unbalanced budget. Councilman Ratty stated if the Legislature approves the use of the $607,000,000, the amount of the Refuse Collection Fees can be reduced before the August 29, 1983, deadline. He feels the Council should assume the worst and hope the Legislature comes up with the funds so the Refuse Collection Fees can be reduced before that deadline. That way the budget will be balanced and, if the subventions are granted the fees can be reduced. In answer to a question by Councilman Christensen, City Manager Kelmar stated the City has an ordinance that has been in effect since 1978, but has never been enforced and there is also a schedule of Refuse Collection Fees based on the present budget. Based on current costs Refuse Collections for commercial, including multi-family dwellings, would be $2,600,000 and single family residential would be $1,640,000. In answer to a question by Councilman Means, City Manager Kelmar stated if the multi-family residential was included in the single family residential the amount would be $2,400,000 and commercial would be $1,800,000. Councilman Ratty made a motion that a Refuse Collection Fee, based on actual cost, be imposed to balance the budget, including Bakersfield, California, July 27, 1983 - Page 4 the $1,100,000, and if the City receives State subventions by August 29, 1983, the amount of the fee will be reduced or eliminated. This motion carried by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton Noes Councilmen Means, Christensen Absent: None City Manager Kelmar stated there wil~ be additional costs for the collection of the Refuse Collection Fees for personnel, postage, etc., and requested this matter be referred to the Budget Review and Finance Committee for study and recom- mendation. Upon a motion by Councilman Barton, additional costs for the collection of Refuse Collection Fees, was referred to the Budget Review and Finance Committee for study and recommendation by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: None City Manager Kelmar stated the Council wanted to be certain that the imposition of a fee for traffic signal installation, through the Building Permit and Zone Change process, compares with the County's fees. The fees before the Council are considerably below the County's fees. Mayor Shell, reading from a memorandum, cited the following Building Permit Fees: 1,600 square foot residence with 2 car garage and 2 baths. 2,000 square foot residence with 2 car garage and 2 baths. 3,000 square foot residence with 2 car garage and 3 baths. City County $388.00 $ 608.00 633.50 778.00 807.25 1,111.65 Bakersfield, California, July 27, 1983 - Page 5 Councilman Barton made a motion to adopt the fee schedule for traffic signal installation on all Building Permits and Zone Changes to bring them in line, as recommended by the staff. This motion carried by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: None Councilman Barton stated he feels street sweeping is very ineffective due to the vehicles parked on the streets. It should be eliminated or a rule implemented, whereby, the sweepers can sweep at least 50% of the streets. The City is spending $700,000 per year for an ineffective service in the residential areas. Councilman Barton made a motion that, due to the in- efficiency of the street sweeping service and waste of $700,000 per year, the matter be referred to the Governmental Efficiency and Personnel Committee for study and recommendation. This motion was unanimously approved. Councilman Christensen, referring to the reference in the Budget Review and Finance Committee Report No. 22-83 regarding reducing the frequency of refuse collection to once a week, stated during the summer months it should be picked up twice a week and asked how much money would be saved by limiting garbage pick up in residential areas to once per week during the rest of the year. Director of Public Works Hawley stated this item was checked with a number of cities. They did not find any city with this type of refuse collection service. The main reason is the difficulty in shifting the employees around. It does not appear that the savings would be substantial. There would be a substantial[ savings if it was once a week pick up throughout the year. Upon a motion by Councilman Christensen, the matter of the frequency of refuse collection in residential areas was referred to the Water and City Growth Committee for study and recommendation. Bakersfield, California, July 27, 1983 - Page 6 City Manager Kelmar announced that Roland Woodruff, Attorney for the Grade Separation District, just informed staff that the Board of Supervisors approved the County's participation in the grade separation project on Union Avenue and Golden State Highway. Councilman Ratty made a motion that a Refuse Collection Fee be imposed proportionally between commercial and residential properties, as noted in a memorandum from the Director of Public Works, dated July 6, 1983, based on actual cost, in order to generate $2,600,000 in revenues to balance the budget. During discussion, Councilman Means stated he does not feel the City needs the Garbage Tax and he will oppose it. He felt there are other ways to balance the budget. It, basically. amounts to a subsidy of the commercial. He felt this is a plum in front of the Council and easy to grab onto. The Council is utilizing it in case a circumstance arises when, in fact, those circumstances may dictate that additional services should be cut, but to be safe this tax will be implemented at a cost to the home- owners. If the situation arose where more money is needed it should be reviewed at that time. Councilman Christensen stated the financial setup of the State is too uncertain and he hates to see a tax hung around peoples necks. He would be willing to tax if the City does not receive funds from the State, but if people are taxed now it will be forever. Councilman Christensen stated he could not support the motion. Councilman Barton stated he will not gamble on a $1,100,000 shortfall from the State. He does not like to impose a tax on people. He did not receive much support for reduction of some services that the people could do for themselves; such as, curbside refuse collection and street sweeping. The last resort is for the Council to approve a revenue generating source. He does not like a Garbage Tax, but will vote for a balanced budget. Bakersfield, California, July 27, 1983 - Page 7 Councilman Rockoff stated he agrees with Councilman Barton and the citizens, etc., will keep reminding the Council that this tax is on the books, so it will not be forgotten. In answer to a question by Mayor Shell, City Manager Kelmar stated a single family dwelling would pay approximately $3.38 per month. After a very lengthy discussion, Mayor Shell declared a brief recess at 8:30 P.~. and reconvened the meeting at 8:40 P.M. Mr. George Cundiff, City resident, expressed his objection to the fact that every time there is a crisis the first place they look to levied. Tax. is the property owners and he felt a Sales Tax should be Mayor Shell stated cities, by law, cannot levy a Sales Councilman Ratty's motion that a Refuse Collection Fee be imposed proportionally between commercial and residential properties, as noted in a memorandum from the Director of Public Works, dated July 6, 1983, based on actual cost, in order to generate $2,600,000 in revenues to balance the budget, carried by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton Noes: Councilmen ~eans, Christensen Absent: None Assistant City ~anager-Finance Higginbotham stated on June 22, 1983, the Planning Commission recommended approval of the Preliminary Ten-Year Capital Improvement Program, consistent with the General Plan. The Council will only consider the adoption of the Capital Improvement Program for Fiscal Year 1983-84. PUBLIC HEARING ON FEDERAL REVENUE SHARING FUNDS. Mayor Shell declared the meeting open for public hearing on Revenue Sharing Funds. Assistant City Manager-Finance Higginbotham stated the total amount of expected Revenue Sharing Funds is $2,783,875. Bakersfield, California, July 27, 1983 - Page 8 City Manager Kelmar stated, at this point, the leglis- lation has not been approved to continue the program, but it is apparent everyone is very supportive of it. It is anticipated that it will be enacted, however, when the Capital Improvement Budget is adopted, spending of these funds should be conditioned on approval of the Revenue Sharing Fund Program by the Federal Government. No one in the audience indicated a wish to speak and Mayor Shell closed the public hearing. CAPITAL IMPROVEMENT PROGRAM 1983-84 The Council and staff reviewed the Capital Improvement Program for Fiscal Year 1983-84 by categories, as follows: ENVIRONmeNTAL SERVICES A total of $31,934,500 is proposed for improve- ments related to storm drains, sewers and wastewater treatment for the next ten years. Storm drains in the amount of $3,157,000 are being proposed. Included in the 1983-84 proposed budget is the proposed project for completion of the Sandra Drive Pump Station Modifications to alleviate flooding along Sandra and Lowell. Included in the wastewater treatment projects is the proposed project to expand Wastewater Treatment Plant No. 3 in the southwest. Of the $21 million necessary for the expansion, $1 million will need to be expended in 1983-84 for engineering costs, bond costs, and other preliminary costs. Assistant City Manager-Finance Higginbotham stated the total amount proposed for storm drains, sewers and wastewater treatment for Fiscal Year 1983-84 is $1,847,000. Director of Public Works Hawley stated the preliminary draft of the Capital Improvement Program indicated that $290,000 would be funded by Water Resources Funds and that money is not available because it has been used in the General Fund. It will be necessary to defer or shift the funds for the following projects: Landfair Pump Station Modifications - $115,000 from Water Resources Funds to Revenue Sharing Funds. Fallbrook Street Storm Drains (Hillsborough Drive to Kentfield Drive) - $25,000 - deferred. Calcutta Drive Storm Drain (from existing syphons on Balboa and Palmacia to storm drain on Chadbourn, approximately 1,200 LF.) - $70,000 - from Water Resources Funds to Revenue Sharing Funds in the amount of $60,000. Bakersfield, California, July 27, 1983 - Page 9 Sandra Drive Pump Station Modifications, Phase III- $175,000 - deferred. In answer to a question by Councilman Barton, Director of Public Works Hawley stated the potential for flooding in the area of the Sandra Drive Pump Station is still there. The situation was improved when Phase II was completed. It is recommended, if funds become available, that the Sanda Drive Pump Station Modifi- cations, Phase III, and the Fallbrook Street Storm Drains be placed in the budget for Fiscal Year 1984-85. Councilman Rockoff stated in last year's Capital Improve- ment Program $77,000 was budgeted for the University Park Area Storm Drains (Camden Street/Coronado Avenue/Bonaire Street/Christmas Tree Lane/Columbus Street/Panorama Drive), and the balance was to be budgeted in 1983-84, and now that has been deferred to the 1984-85 budget. The residents have been told for several years this work would be done. Director of Public Works Hawley stated there are a number of storm drain projects that have a high priority, including the University Park Area, unfortunately, funds are not available and it was necessary to defer them another year. The $77,000 funded last year is still in the budget. The plans have been completed, construction has not been started, but plans should be completed within a month. Construction should be started within three months and should take about 30 days. This project has several phases and the $77,000 will only complete a small portion. City Manager Kelmar stated staff evaluates all these projects and recommends the most critical ones, based on available funds. The Council always ~as the right to alter any projects they choose. This is simply a staff recommendation. The staff does not know how much will be available next year. Depending on the need, staff has to set priorities. Councilman Rockoff stated this is a project that has been promised to the people over the years and he sees funds going Bakersfield, California, July 27, 1983 - Page 10 to newly constructed areas. As long as there are newly constructed areas it is very possible this project will never be completed. Councilman Rockoff recommended that this project be considered for this Fiscal Year. Councilman ~leans stated if funds are available he would like to move the "A" Street Storm Drain Project forward in the budget. In answer to a question by Mayor Shell regarding the Garces Circle realignment, Director of Public Works Hawley stated the grade separation at the Garces Circle would remain the same. The circular road would be modified so that the north-south traffic would not go around the circle. There would be a slight curve, but, basically, traffic would go straight. There is a traffic accident problem at that location and for several years this realignment has been in the planning stages. The Father Garces Statue could remain, however, it will be in a small island and a decision will have to be made on whether or not it should be moved to another location. Director of Public Works Hawley stated it is being recommended that the construction of one of the three Domestic Water Wells on Wastewater Treatment Plant No. 2 Farm ($80,000 - Water Resources Funds), be deferred for one year. Upon a motion by Councilman Barton, construction of 3 Domestic Water Wells for Wastewater Treatment Plant No. 2 Farm, in the amount of $240,000, was referred to the Water and City Growth Committee for study and recommendation. RECREATION AND CULTURAL SERVICES A total of $6,919,760 is proposed for improve- ments related to City parks and the Civic Auditorium for the next ten years. The ten year program provides for $5,387,495 to be expended for new park sites. Of the proposed new park sites, three are proposed for ~983-84, totaling $422,495. Consistent with Council policy, new park sites are not Bakersf±eld~ California, July 27~ 1983 - Page 11 being developed with City funds. Over the next two years, it is estimated that it will be necessary to reroof the Civic Auditorium. The roof on the Auditorium is the original roof and is over 20 years old. The estimated cost to reroof the Auditorium is $631,000 with $156,000 planned for 1983-84. PUBLIC SAFETY SERVICES A total of $3,802,430 is proposed for improve- ments related to the Public Safety Services of the Police and Fire Departments over the next ten years. The Police Department improvements include $609,825 for modifications and improvements to the City's radio communications system. These proposed modifications are consistent with recommendations contained in the Stanford Research Institute Report in 1981. Of the $609,825, the 1983-84 expenditure is estimated to be $439,770. Included in the Fire Department improvements are proposed costs related to the relocation of Fire Station No. 3 to Palm Street and Real Road and the City's 50% share of the County Fire Station at Brundage Lane and Union Avenue. These two projects, totaling $664,125 in 1983- 84, are pursuant to the prior plan for Fire Services Unification in the Metropolitan Bakersfield Area. Police Chief Price stated the construction (enclosure) of a service work area for Communication Technicians, in the amount of $10,000, has been modified to remodel a structure acquired from Kelly Associates at about the same cost. DEVELOPMENT AND TRANSPORTATION SERVICES A total of $33,835,000 is proposed for improvements related to streets, street lighting, and traffic signals for the next ten years. The street related projects proposed. are main- tained at present service levels as was directed by the City Council to" .not fall behind the current level of service. ." Of the projects being proposed, $975,000 is proposed in 1983-84 for the City's share of the Union Avenue Grade Separation. Assistant City ~anager-Finance Higginbotham stated of the $4,926,000 proposed in this particular section of the budget, $975,000 is being contributed by developers and private funds, which is a recent Council policy. Bakersfield, California, July 27, 1983 - Page 12 Director of Public Works Hawley stated since this budget was prepared the City entered into an agreement, whereby, Tenneco Realty Development Corporation has agreed to fund the Truxtun Avenue and Mohawk Street traffic signal and it is recommended that the $80,000 of Revenue Sharing Funds be used for a new signal at Ashe Road and White Lane. Director of Public Works Hawley presented a memorandum, dated July 27, 1983, regarding Capital Improvements for Streets, as follows: After completion of the Preliminary Capital Improvement Budget, the City was informed that additional Transportation Development Act (TDA) Funds are available for Fiscal Year 1983-84, due to the Transit District requesting sub- stantially less TDA Funds for this Fical Year. The estimated amount of the additional funds is $1,400,000. Several very high priority projects were deferred in the recommended Fiscal Year 1983- 84 Capital Improvement Program due to a shortage of funds. I am recommending the following projects be placed in the Fiscal Year 1983-84 Capital Improvement Program using the additional TDA Funds: Coffee Road Bridge Con- struction (at Arvin-Edison Canal) $ 260,000 Coffee Road Bridge Con- struction (at Kern River Canal) 260,000 Coffee Road Construction (Westfield Road to Kern River) 175,000 Espee Street Resurfacing (RR tracks to Union Avenue) 50,000 o Truxtun Avenue/Mohawk Street Grade Separation Project Trust Fund 655,000 TOTAL $1,400,000 In addition, Tenneco has agreed to fund the Mohawk/Truxtun signal, therefore, I am recom- mending that these funds be used for the White Lane/Ashe Road signal. o Delete new traffic signal - $ 80,000 at Truxtun Avenue & Mohawk (Revenue Street Sharing) Bakersfield, California, July 27, 1983 - Page 7. Add new traffic signal at + $ 80,000 White Lane and Ashe Road (Revenue Sharing) TOTAL $ -0- City Manager Kelmar stated he wanted the Council to be aware that this additional money that the City is getting is a result of Golden Empire Transit District securing more Federal monies for operations. That money is available for transportation, so it has freed this additional funds, which is a one time thing. SUPPORT SERVICES A total of $618,700 is proposed for improve- ments to City Hall and Corporation Yard for the next ten years. Of the projects being proposed, is the project to reroof the east and north wing of City Hall in 1983-84. The roof on the two wings is the original roof and is approximately 25 years old. Mrs. Martha Walters, City resident, speaking about the realignment of the Garces Circle, stated she uses that traffic circle and has never seen an accident. She asked if that is the number one accident location in the City. In regards to the $50,000 budgeted for resurfacing Espee Street, she understands Hopper's has purchased the area north of Espee Street on "Q" Street to Union Avenue. She asked what portion of Espee Street will be resurfaced. Director of Public Works Hawley stated that this particular portion of Espee Street is from the railroad tracks to Union Avenue, however, the budget shows additional locations. This is a public street and is adjacent to the freeway. Hopper's owns some property in the area, but this is a public road. In answer to a question Director of Public Works Hawley stated this is a major street and he does not anticipate it being closed. Mr. Norman Walters, City resident, stated Councilmen Rockoff and Means mentioned items relating to flooding that will not be done this year. These are important projects and should supersede the alignment of the Garces Traffic Circle. It is a City landmark and can reamin the way it is a little longer. Bakersfield, California, July 27, 1983 - Page 14 Councilman Payne stated if the Garces Circle is one of the worst intersections in the City, as far as the frequency of traffic accidents is concerned, the Council has a tremendous moral responsibility to make public safety and protection of property a priority over the inconvenience that might be suffered as a result of flooding. Director of Public Works Hawley stated his main concern is public safety and there have been some serious accidents at the Garces Circle. Councilman Rockoff stated he would look elsewhere for the funds for the University Park Area Storm Drains, because the Garces Circle is a very important project. He stated he would work closely with the staff to see if funds can be found for the storm drains. City Manager Kelmar stated during the year, if there are savings on certain projects, staff could come back with a report, last year, and maybe some of these items can be as was done implemented. Adoption of Resolution No. 98-83 of the Council of the City of Bakers- field approving and adopting the Operating and Capita]. Improvement Budgets for the Fiscal Year 1983-84, with the condition that no Revenue Sharing Funds in the Capital Improve- ment Program be expended until the Revenue Sharing Program is approved by the Federal Government. Upon a motion by Councilman Rockoff, Resolution No. 98-83 of the Council of the City of Bakersfield approving and adopting the Operating and Capital Improvement Budgets for the Fiscal Year 1983- 84, with the condition that no Revenue Sharing Funds in the Capital Improvement Program be expended until the Revenue Sharing Program is approved by the Federal Government, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: Councilman Christensen Bakersfield, California, July 27, 1983 - Page 15 Councilman Rockoff requested that during the year, if there are savings on projects, that staff come back to the Council with a report, as was done last year. Mayor Shell congratulated the Council, Budget Review and Finance Committee and staff on the deliberation of the budget and the amount of preparation that went into it. There has been some very tough decisions that had to be made this year. Councilman Rockoff commended the staff for the fine job they did preparing this budget. They came up with the answers when they were needed by the Council. Adoption of Resolution No. 99-83 of the Council of the City of Bakers- field setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Barton, Resolution No. 99-83 of the Council of the City of Bakersfield setting salaries and related benefits for Officers and Employees of the City of Bakers- field, was adopted by the following roll call vote: Ayes Noes Absent: Council, were Councilmen Means, Payne, Ratty, Rockoff, Barton None Councilman Christensen ADJOURNmeNT There being no further business to come before the upon a motion by Councilman Barton, the budget sessions adjourned at 9:55 P.M. MAYOR o~f e City Bakersfield, Calif. ATTEST: CIT d Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, July 28, 1983 Minutes of a special meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:00 P.M., July 28, 1983. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Ratty, Rockoff, Barton, Christensen, Means Absent: Councilman Payne NEW BUSINESS Adoption of Emergency Ordinance No. 2861 New Series of the Council of the City of Bakersfield amending Section 3.40.020 A., of the Bakersfield Municipal Code relative to Transient Lodging Tax. At the Budget Session of July 26, 1983, the Council called this Special Meeting for the purpose of considering an ordinance that will increase the Room Tax from 6% to 10%. Upon a motion by Councilman Christensen, Emergency Ordinance No. 2861 New Series of the Council of the City of Bakers- field amending Section 3.40.020 A., of the Bakersfield Municipal Code relative to Transient roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means Noes: None Absent: Councilman Payne ADJOURNMENT There being no further business to come before the Council, upon a motion by Co~Christens~, the~ adjourned at 5:01 P.M. ~it ~ ~a~k MAYOR of ersfield, Calif. CITY CLERK an~/Ex O~ficio Clerk of the Council of the City of Bakersfield, California ma Lodging Tax, was adopted by the following Bakersfield, California, August 3, 1983 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City ttall at 7:00 P.M., August 3, 1983. 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 Rockoff, Barton, Christensen, Absent: None Means, Payne, Ratty Minutes of the regular meeting of July 6 and 13, 1983, were approved as presented. SCHEDULED PUBLIC STATEMENTS Reverend Ronald Williams, 834 "R" Street, Pastor of the Cain Memorial African Methodist Episcopal Church and President of the United Communities Coalition (U.C.C.), stated he wanted to bring attention to the proposal that U.C.C. assembled and submitted to the Council. They have participated in the workshops and meetings held by the County and City and in an effort to show, what they believe, is a workable solution and proposal, they are offerini~ this document for the Council's consideration. The proposal contains a budget, job description and request for funds for one year. They are not looking for jobs and that is not the reason behind the Fair Housing Proposal. They believe it is workable and will help solve some of the problems of the fair housing in Bakersfield. It is not a program they expect to continue forever and it is hoped that it will work its way out of business. At the end of one year the success of the program should be assessed and a determination made at that time. Upon a motion by Councilman Rockoff, Fair Housing Proposal[ submitted by the United Communities Coalition, was referred to the ~udget Review and Finance Committee for study and recommendation. Bakersfield, California, August 3, 1983 - Page 2 CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from Greater Bakersfield Memorial Hospital, 420 - 34th Street, dated July 12, 1983, requesting Revenue Bonds to finance the Expansion and Improvement Program for Greater Bakersfield Memorial Hospital, was received and referred to the Budget Review and Finance Com- mittee. Upon a motion by Councilman Payne, communication from the Downtown Business Association, dated July 14, 1983, requesting changes in the downtown area to help alleviate existing parking problems during construction of the parking facility at 18th and Eye Streets, was received and referred to the Business Development and Parking Committee. Upon a motion by Councilman Christensen, from Golden Empire Transit District, dated July 14, the Proposed Budget for the Golden Empire Transit District for Fiscal Year 1983-84, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from The Trailer Company, Inc., dated July 22, 1983, regarding their request of February, 1983, to locate their business on City- owned property at the intersection of Brundage Lane and Mt. Vernon Avenue, was received and referred to staff for response. Upon a motion by Councilman Rockoff, communication from Assemblyman Sam Fart, dated July 21, 1983, requesting support of the Parklands Bond Act of 1984 to be placed on the ballot in June, 1984, was received and referred to the Legislative Committee. Upon a motion by Councilman Barton, communication from South East Enterprise Zone, P.O. Box 6284, Bakersfield, dated July 28, 1983, requesting adoption of a resolution recognizing the South East Enterprise Zone under the guidelines of AB 514 as a City "Targeted Economic Development Area," and AB 40 as an "Enter- prise Zone," was received and ordered placed on file. communication 1983, submittir~g Bakersfield, California, August 3, 1983 - Page 3 of Enterprise Zone, was adopted by the following roll call Ayes: Councilmen Rockoff, Barton, Christensen, Means, Ratty Noes: None Absent: None Upon a motion by Councilman Ratty, Adoption of Resolution No. 100-83 of the Council of the City of Bakers- field recognizing the Southeast Enterprise Zone. Upon a motion by Councilman Barton, Resolution No. 100-83 the Council of the City of Bakersfield recognizing the Southeast vote: Payne, communication from Kern County Transportation Services, notifying the their present file. T. W. Smith, Inc., dated July 25, 1983, Council that local taxi companies will increase rate structure, was received and ordered placed on Upon a motion by Councilman Rockoff, communication from 3908 Panorama Drive, dated July 28, 1983, submitting a petition containing 400 signatures, requesting the County of Kern, through its Health Department, to close the Bakersfield Solid Waste Disposal Site; and requesting the Council direct the Public Works Department to withdraw its application for a Solid Waste Facility Permit and negotiate a long-term agreement with the County for use of their facility, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Rockoff, communication from Mrs. Marco Bruschi, 5909 Cypress Point Drive, dated July 28, 1983, regarding the City's contract with private refuse collectors and the Refuse Collection Fee, was received and referred to the Business Development and Parking Committee. Councilman Ratty made a motion that the communication from Mrs. 3, 1983, the bumper stickers that state received and ordered placed on Thelma Hobbs and Mrs. Elizabeth Van Alstyne, dated August requesting that the Council reconsider their decision on "It's O.K. Not To Drink," be file. 224 Bakersfield, California, August 3, 1983 - Page 4 Councilman Rockoff stated whether or not he agrees with the request to place these bumper stickers on Police vehicles, that was denied several months ago, he felt some action should be taken on this request. Councilman Means stated he recognizes there would be a number of requests of this type from worthy causes, however, other organizations, such as the Highway Patrol, have solved it. Councilman Means offered a substitute motion that the request to place bumper stickers that state "It's O.K. Not To Drink," on Police vehicles be approved. Councilman Rockoff stated he does not feel it is proper to use Police vehicles in this manner. Councilman Payne stated he agrees with Councilman Rockoff. It is not proper to use Police vehicles or any other government equipment to expound philosophies. It is a very important issue, however, it is not the only important issue. There are others, such as; "It's O.K. Not To Smoke," "Use a Gun - Go to Prison," "Prevent Forest Fires," "Light The Night Stamp Out Crime," "Secret Witness," and "Neighborhood Watch." There would be no end to the requests to place bumper stickers on City vehicles. Councilman Means' substitute motion that the request to place bumper stickers that state "It's O.K. Not To Drink," on Police vehicles be approved, failed to carry by the following roll call vote: Ayes: Noes: Absent: Mrs. 1983, the bumper stickers that state "It's O.K. and ordered placed on file, was approved. Councilman Means Councilmen Rockoff, Barton, Christensen, Payne, Ratty None Councilman Ratty's motion that the communication from Thelma Hobbs and Mrs. Elizabeth Van Alstyne, dated August 3, requesting that the Council reconsider their decision on Not To Drink," be received Bakersfield, California, August 3, 1983 - Page 5 Upon a motion by Councilman Ratty, communication from Dan Moreland, President of the Palm Mutual Water Company, dated July 28, 1983, requesting annexation of the Palm ~utual Water Company, located approximately 600 feet west of the intersection of State Highway 178 and Alfred Harrell Highway, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Christensen, communication from Norman M. Walters, 3301 Dwight Street, dated August 3, 1983, requesting that the Garces Circle be preserved as a historic site, was received and referred to the Public Works Director. REPORTS Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 15-83 regarding Downtown Improvement District - 1983-84 Budget, as follows: At the request of businesses located in the downtown area, a Business Improvement District was established in July, 1968, and is defined in Chapter 5.04 of the Municipal Code of the City of Bakersfield. The "purpose and intent" of the businesses wishing to establish the Business Improvement District was to impose a tax upon those businesses within the district and to use proceeds for promotional activities within the district. Also, the collection of the additional tax shall be made at the same time and in the same manner as any other business license tax. In addition, the City code provides that the City Council shall have sole discretion as to how the monies derived from this tax are to be used with the scope of the purpose defined in the City code. Based upon projected revenues, a budget for the use of the projected revenues is prepared annually. At the City Council Meeting of July 6, the Downtown Business Association (DBA) submitted the 1983-84 proposed budget. The City Council referred the matter to the Business Development and Parking Committee for study and recommenda- tion. This Committee has met with representatives from the DBA to review the proposed budget. During our discussions, the DBA representatives requested that the City Council approve their request to use $3,000 plus interest of "Improve- ment, Promotion, and Beautification" funds each quarter, to be applied toward the DBA's obliga- tion with regard to the parking structure being constructed at 18th and Eye Streets. We concur Bakersfield, California, August 3, 1983 - Page 6 with their request and recommend the City Council direct the City Attorney to prepare the appropriate amendments to the agreement between the City and DBA. We conclude the budget is consistent with the purpose and intent as set forth in the Municipal Code and, therefore, recommend the City Council approve the 1983-84 proposed budget for the Down- town Improvement District. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 15-83 regarding Downtown Improve- ment District - 1983-84 Budget, was accepted; proposed budget for the 1983-84 Fiscal Year for the Downtown Improvement District, was approved; and request to use $3,000 plus interest of "Improvement, Promotion, and Beautification" funds each quarter to be applied toward the DBA's obligation with regards to the parking structure being constructed at 18th and Eye Streets, was approved and the City Attorney was directed to prepare the appropriate amendments to the agreement between the City and Downtown Business Association. Councilman Christensen, member of the Intergovernmental Relations Committee, read Report No. 1-83 regarding Kern River User and Parking Fees, as follows: The City Council received a request that the City of Bakersfield join with the County of Kern in establishing river user and parking fees. The City Council referred the matter to the Intergovernmental Relations Committee for study and recommendation. This Committee has met with the Intergovern- mental Relations Committee of the Board of Supervisors and staff members from the County and City as well. During our meetings, we were advised by staff members of recent court cases and decisions limiting local control over rivers and streams. As such, we concur with staff that river user fees should not be imposed as the present time. Therefore, this Committee recommends the City Council not establish river user and parking fees along the Kern River. Upon a motion by Councilman Christensen, Intergovern- mental Relations Committee Report No. 1-83 regarding Kern River User and Parking Fees, was accepted; and the recommendation not to establish river user and parking fees along the Kern River, was approved. Bakersfield, California, August 3, 1983 - Page Councilman Rockoff stated he agrees with the report for the present time, however, it is hoped that in the near future that the Council provides some metropolitan authority, funded in some manner, to protect the Kern River and its use, possibly as part of the overall Kern River Plan. In answer to a question by ~(ayor Shell regarding the status of the Kern River Corridor Study, Planning Director Sceales stated there will be one more public hearing in early September. After that hearing the plan will be finalized and sent to the Planning Commission, Council and Board of Supervisors. Councilman Payne, member of the Legislative Committee, read Report No. 3-83 regarding Assembly Bills 40 and 514 - Creation of Enterprise Zones, as follows: The Legislative Committee met on Monday, July 25, 1983, in response to the letter from the Southeast Enterprise Zone referred to Committee at the Council Meeting of July 6, 1983. The letter requested support of Assembly Bills 40 and 514 dealing with the creation of enter- prise zones or economic development zones. These Assembly Bills, which are expected to be combined before passage, provide that the City may designate an area as an enterprise zone. This designation will allow certain benefits to attract private sector investment into the area. These bills provide for private invest- ment and some local tax or fee concessions for development within the enterprise zone. In addition, Assembly Bill 514 would create an additional $75 million of annual authority to issue industrial development bonds for com- mercial enterprises within the enterprise zone. The Legislative Committee believes that these two bills could provide the impetus to depressed areas such as the southeast industrial area of Bakersfield, resulting in increased development and a higher tax base. These two Assembly Bills are meant to dovetail Federal Legislation. It is believed that those States which enact their own enterprise zone legislation will have an advantage when and if the Federal Act is passed. Consequently, the Legislative Committee recom- mends the Council adopt a resolution supporting Assembly Bills 40 and 514. Bakersfield, California, August 3, 1983 - Page 8 Upon a motion by Councilman Payne, Legislative Committee Report No. 3-83 regarding Assembly Bills 40 and 514 - Creation of Enterprise Zones, was accepted. Adoption of Resolution No. 101-83 of the Council of the City of Bakers- field supporting the adoption of Assembly Bills 40 and 514. Upon a motion by Councilman Payne, Resolution No. 101-83 of the Council of the City of Bakersfield supporting the adoption of Assembly Bills 40 and 514, was adopted by the following roll call vote: Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes None Absent: None City )~anager Kelmar reported a number of months ago the City requested the Kern County Water Agency to investigate what the City believed to be an improper taking of water from Improve- ment District No. 4 by the East Niles Community Service District. The taxpayers in Improvement District No. 4 were paying for the cost of water, as well as, the differential between what they were paying for the water and cost of treatment. At the Kern County Water Agency Meeting, last Thursday, a report was made and the Agency determined that over the past 6 years East Niles Community Service District has taken approximately 4,500 acre feet of water out of Improvement District No. 4, which was improper. They are in the process of negotiating a financial settlement with them. In addition, the Water Agency has entered into an agreement with East Niles to prevent that from occurring in the future. The City has requested, and been granted, the opportunity to look at the settlement prior to the time the Water Agency acts on it. again, report In the next few weeks the Zone of Benefit hearings will, occur at the Kern County Water Agency. The Council has a to the Board of Directors on alternatives for the Zones of Bakersfield, Caifornia, August 3, 1983 - Page 9 Benefit. He is pleased to announced that the Board is now con- sidering a number of alternatives, whereas, a few years ago they would not consider any alternatives. He feels quite a lot of progress has been made in the last few years in that regard. It is still felt there are inequities in the Zone of Benefit No. 7 subsidy on the part of the City taxpayers and the unincorporated area for two of the purveyors. Staff has not gone through the calculations yet, however, the Council is requested to allow the City Manager to make a presentation before the Kern County Water Agency at the Zone of Benefit hearings, if they feel the numbers, again, demonstrate that there is an inequity. Councilman Means stated he feels that City Manager Kelmar has played a critical role in seeing that the Zone Tax has been reduced. He testified at the Water Agency hearings and submitted a proposal on how it should be restricted. He feels it should be a user pay concept, redistributing the zones and he would not like to see the City Manager make a presentation on any aspect other than that. Councilman Means felt the Council should agree on a proposal, if action is going to be taken. City Manager Kelmar stated that would be fine, however, it appears the Water Agency is really making an effort to look at alternatives. There has been a lot of progress and, hopefully, they may respond to some of the alternatives. Councilman Means stated he felt the City Manager could represent a general consensus among the City residents, or Improve- ment District No. 4 people, that their burden should be reduced and they do not buy the economic benefit story that is being put out. The subsidy paid by Improvement District No. 4 residents should be less than it is now. That might be a position there should be some consensus on. aggressive position on that. During discussion, He feels the City should take an Councilman Ratty suggested that the Council have a workshop to determine what the alternatives mean. Bakersfield, California, August 3, 1983 - Page 10 City Manager Kelmar stated he does not believe anyone on the staff is competent enough to discuss this issue in detail, however, he could contact the Water Agency to see if someone would volunteer to conduct a workshop for the Council. Upon a motion by Councilman Christensen, if the City Manager feels there is an inequity in Zone of Benefit No. 7, he was granted permission to appear before the Kern County Water Agency to make a presentation. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 7469 to 7652 and 28 to 206, inclusive, in the amount of $1,385,886.32. (b) Claim for Damages from Iris R. Ferris, 2513 Renegade Avenue, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Thomas Arthur Northrup, 734 Center Avenue, Ottomwa, Iowa. (Refer to City Attorney) (d) Claim for Damages from Walt and Laura Ghilarducci, 109 Montrose, Bakersfield. (Refer to City Attorney) (e) Claim for 5100 Ming (Refer to Damages from Timothy Lee Nelson, Avenue, No. E-12, Bakersfield. City Attorney) (f) Claim for 3485 East (Refer to Damages from Camelia Cross, Pine Street, Fresno, California. City Attorney) (g) Claim for Damages from Lou Ellen Blizzard, 2601 Columbus Avenue, No. C-5, Bakersfield. (Refer to City Attorney) (h) Claim for Damages from David M. Aranda, 1108 Virginia Street, Bakersfield. (Refer to City Attorney) (i) Claim for Damages from Carl R. Moreland and Moreland Engineering, Inc., c/o Solomon & Konoff, Attorneys at Law, 1306 Chester Avenue, Bakersfield. (Refer to City Attorney) (J) Claim for Damages and Personal Injuries from Gerald Stephan Butler, 1417 Hub Street, Bakersfield. (Refer to City Attorney) Bakersfield, California, August 3, 1983 - Page ll (k) (i) (m) (n) (o) (P) (q) (r) (s) (t) Claim for Damages from Herb Lang, 4504 Terra Verde #A, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Frank Clayman-Cook, 2329 Strongs Place, Venice, California. (Refer to City Attorney) Claim for Damages and Personal Injuries from Charles David Halley, 2862 Sonoma, Riverside, California. (Refer to City Attorney) Dedication of a Storm Drain Easement from Tenneco Realty Development Corporation and Quitclaim Deed from the City of Bakers- field to Tenneco Realty Development Corporation providing right-of-way to relocate a storm drain and allow better utilization of the lot for construction of a building. Grant Deed from Vallado Del Rio II, a Partnership, providing a required drainage retention basin located in Tract No. 4585, located south of Stockdale Highway, west of Allen Road. Quitclaim Deed from the City of Bakers- field to Tenneco Realty Development Corporation. When Castle Park Drainage Basin was originally deeded, two points -of access were provided. Since the 15 foot access easement from Half Moon Drive is not being used, this property owner has requested that it be quitclaimed back. Sewer Easement from Tenneco Realty Develop- ment Corporation providing an easement for sewer purposes over a portion of Lot 6 in Tract No. 4251, located north of Westfield Road, west of Quailridge Drive. This ease- ment will facilitate provision of sewer service to southeast corner of Coffee Road and Truxtun Avenue. Public Utilities, Sewer and Access Ease- ment from B. L. Dickinson, Inc., and Robert A. Wadsworth, as required by the Planning Commission for Tract No. 4486, located west of Fairfax Road, north of Royal Coach Circle. Drainage Easement from J. L. Dandy, et al, as required by the Planning Commission for Parcel Map No. 6698, located south of Panama Lane, west of Colony Street. Street Right-of-Way Deed from Sill Properties, Inc., and Kern County Water Agency providing dedication of Rio Mirada Drive and a portion of Arrow Street, as required by the Planning Commission for Parcel Map No. 6774, located east of Pierce Road, north of the Calloway Canal. 232 Bakersfield, California, August 3, 1983 - Page 12 (u) (v) (w) (x) (Y) (z) (aa) Grant Deed from Tenneco Realty Develop- ment Corporation providing property for development of a public park and recrea- tional facilities on the Amberton Park site, with the following restrictions: Park must be developed within 3 years or ownership shall revert to the grantor. o Should the park site fail to be used or maintained for any 3 consecutive year period, then ownership shall revert to the grantor. Corrective Quitclaim Deeds from the City of Bakersfield to SU-JAC Enterprises, Inc. These easements were created for the purpose of providing legal vehicular access and to share one common driveway for two proposed apartment units to be built on two separate lots. The apart- ment project has been terminated and the land remains vacant. The easements serve no purpose and would only hinder future development of the property. These easements were dedicated to the public in general and recorded without acceptance by the City. The developer has requested that the easements be quitclaimed in order to clear title. These corrective deeds remove the restrictions and reser- vations from the Quitclaim Deeds accepted by the Council on June 22, 1983. Map of Tract No. 4435 and Improvement Agreement with Dale W. Brewer for con- struction of improvements therein, located north of Panama Lane, west of Wible Road. Map of Tract No. 4576 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located south of District Boulevard, west of Gosford Road. Maps of Tract Nos. 4584 and 4585 and Improvement Agreements with Vallado De1 Rio II for construction of improvements therein, located south of Stockdale High- way, west of Allen Road. Map of Tract No. 4605 and Improvement Agreement with Bakersfield No. l, Ltd., for construction of improvements therein, located on the northwest corner of New Stine Road and Hahn Avenue. Improvement Agreement for Parcel Map No. 6698 with J. L. Dandy & Company, et al, for construction of improvements therein, located south of Panama Lane, west of Colony Street. Bakersfield, California, August 3, 1983 - Page 13 (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (JJ) (kk) Improvement Agreement for Parcel Map No. 6774 with Sill Properties, Inc., for construction of improvements therein, located east of Pierce Road, north of the Calloway Canal. Notice of Completion and Acceptance of Work on construction of the Beardlsey and Rocky Point Diversion Facilities on the Kern River, Contract No. 82-174 with Granite Construction. Notice of Completion and Acceptance of Work on connection of the Hilton Inn Water Well to the Fairhaven Water System, Contract No. 83-51 with Micon. Notice of Completion and Acceptance of Work on furnishing and installing a Deep Well Turbine Bowl Assembly and Suction Pipe on Ashe Water Pump Plant No. 10, Contract No. 83-64 with Irrigation Supply Company. Application for Encroachment Permit from A1 Sheridan, 2216 Tilden Way, for con- struction of a 30 inch high retaining wall behind sidewalk on Tilden Way and Lahaina at 2216 Tilden Way. Application for Encroachment Permit from City of Bakersfield, Redevelopment Agency, 1501Truxtun Avenue, Bakersfield, Attn: Dave Kennon, for construction of a new City parking structure at northwest corner of 18th and Eye Streets. The foundations will encroach into the 18th Street right-of-way and Alley north of 18th Street, five feet three inches and into the Eye Street right-of-way four feet. Application for Encroachment Permit from B. C. Lockman, c/o S. Mayes, 2031 "F" Street, Bakersfield, for construction of a 6 foot high fence at back of sidewalk on School House Road at 1601 Manning Street. Application for Encroachment Permit from Oscar Macias, 4116 Sugarcane Avenue, Bakersfield, for construction of a 6 foot high wood fence behind sidewalk on Akers Road at 4116 Sugarcane Avenue. Application for Encroachment Permit from Finas Barefield, 501 "P" Street, Bakers-- field, for construction of a four foot high wrought iron fence behind sidewalk at 501 "P" Street. Application ior Encroachment Permit from Kirby Shropshire, 6012 Meadow Glen Way, Bakersfield, for construction of a 6 foot wood fence behind sidewalk on Meadow Oaks at 6012 Meadow Glen Way. : 34 Bakersfield, California, August 3, 1983 - Page 14 (d), (q), (dd), (11) Application for Encroachment Permit from Robert Metzler, 124 Chester Avenue, #D, Bakersfield, for construction of a 3 foot high retaining wall behind sidewalk on Singing Hills Drive and O'Donnell Street, at 2925 O'Donnell Street. (mm) Plans and Specifications for resurfacing Oak Street between the Oak Street Over- crossing and 24th Street, and 19th Street betweek Oak and "F" Streets. (nn) Plans and Specifications for resurfacing portions of "Q" Street between 34th Street and West Columbus Street, and Espee Street between 30th Street ana Union Avenue. (oo) Plans and Specifications for resurfacing portions of Wilson Road from Real Road to Akers Road; White Lane from Stine Road to Grissom Street; and paving medians on Ming Avenue from Ashe Road to Gosford Road. (PP) Agreement between the City of Bakersfield. and Eileen Unruh for instruction in Dance Classes for a period of three weeks at Stine School. (qq) Novation between Subdivider, a Substituted Contractor and the City of Bakersfield. This agreement substitutes Vons Grocery Company for Peter P. Moses;an as Subdivider for improvements required for Parcel Map No. 5179, located at northwest corner of Wilson Road and Real Road. (rr) Resolution of Intention No. 972 of the Council of the City of Bakersfield, de- claring its intention to order the vacation of a portion of Height Street between Mt. Vernon Avenue and Sunny Lane in the City of Bakersfield. This Resolution of Intention sets September 14, 1983, for hearing on the matter before the Council. (ss) Resolution of Intention No. 974 of the Council of the City of Bakersfield, de- claring its intention to order the vacation of a portion of 16th Street lying between Eye Street and "H" Street in the City of Bakersfield. This Resolution of Intention sets September 14, 1983, for hearing on the matter before the Council. Upon a motion by Councilman Means, Items (a), (b), (c), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (r), (s), (t), (u), (v), (w), (x), (y), (z), (aa), (bb), (cc), ee), (ff), (gg), (hh), (if), (jj , (kk), (11), (mm), (nn), Bakersfield, California, August 3, 1983 - Page 15 (oo), (pp), (qq), (rr) and (ss) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Barton, low base bid and Units i and 2, of KIP, Inc., in the amount of $212,795, for construction of Pacheco Greenbelt Storm Drain, Phase I, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, high bid of A. J. Jaros, in the amount of $26,300.01, for purchase of surplus property at 5705 Medio Luna Avenue, was accepted, the other bid rejected and the Mayor was authorized to execute the Quitclaim Deed. Upon a motion by Councilman Rockoff, Brethren Church of Bakersfield, in the amount bid of Mennonite o£ $24,002, for purchase of surplus property adjacent to Bernard Street Sump, was accepted and the Mayor was authorized to execute the Quitclaim Deed. Upon a motion by Councilman Rockoff, low bid of Granite Construction Company, in the amount of 920,400, for construction of improvements on the China Grade Landfill Access Road, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Three Way Chevrolet, in the amount of $8,480, for Two Allison Automatic Transmissions, was accepted and the other bid rejected. Upon a motion by Councilman Barton, low bid of Bone and Son Construction, in the amount of $128,820, for Annual Contract for Earth Moving and Hauling Equipment for the ~Vater Department, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. 236 Bakersfield, California, August 3, 1983 - Page 16 DEFERRED BUSINESS Adoption of Ordinance No, 2862 New Series of the Council of the City of Bakersfield amending Section 17.04.330 J. and adding Sections 17.04.330 K. and 17.04.330 L. to the Bakersfield Municipal Code relative to Home Occupation Permits. Upon a motion by Councilman Ratty, Ordinance No. 2862 New Series of the Council of the City of Bakersfield amending Section 17.04.330 J. and adding Sections 17.04.330 K. and 17.04.330 L. to the Bakersfield Municipal Code relative to Home Occupation Permits, Ayes: Noes Absent: Abstaining: was adopted by the following roll call vote: Councilmen Rockoff, Barton, Means, Payne, Ratty None None Councilman Christensen Adoption of ~inute Order of the Council of the City of Bakersfield affirming the decision of the Board of Zoning Adjustment granting a Conditional Use Permit to Dale Hankins to allow an Oil Well in an R-2 (Limited Multiple Family Dwelling) Zone, on that certain property cormmonly known as the Rio Bravo Golf Course, and denying appeal therefrom by La Hacienda, Inc. (Zoning File No. 305). This Minute Order formally embodies and establishes the decision of the Council following the appeal hearing on this matter held July 13, 1983. Councilman Means stated due to a real or imaginary con- flict of interest he would not participate in this matter. Councilman Christensen asked, if Councilman Payne has an interest in a company which the area of the golf course, Is it a conflict of interest Directors. is marketing residential property in is he qualified to vote on this matter.. if he is a member of the Board of City Attorney Oberholzer stated, if Councilman Payne's interest is to a degree that he could foreseeably benefit, in the amount of $250.00 per year, from a decision made by this body, then Bakersfield, California, August 3, 1983 - Page 17 he would have a conflict. The City Attorney's Office has requested and received a report from the Fair Political Practices Commission on Councilman Payne's conflict issues as a result of selling his interest in Watson Company. Basically, the report stated the fact that he sold the company, but holds some kind of note :for the payment on that company, does not create an interest in the company substantial enough to have a conflict and have to exclude himself from participation. If he is an independent broker of that company dealing in a particular area and it foreseeably benefits or affects his income in the amount of $250.00, or more, per year, then he would have a conflict. Councilman Christensen stated how can he serve on the Board of Directors and not have an interest in the company. City Attorney Oberholzer stated he does not know what Councilman Payne's status is with respect to the Board of Directors of that company or whether it is a paid position or not. Councilman Christensen requested that the City Attorney investigate the matter. City Attorney Oberholzer stated Councilman Payne would have to tell the Council whether or not he has a financial interest or not in that company or whether he is dealing with property in that particular area. Councilman Christensen made a motion that this matter be deferred until the City Attorney has made a determination re- garding Councilman Payne's conflict of interest. In answer to a question by Councilman Ratty, City Attorney Oberholzer stated a decision was made by the Council on this matter at the time the appeal hearing was held. When hearings are held findings have to be made by the Council and it is impossible to prepare a document containing those findings at the same meeting, because it is Council makes that decision. not known what will be presented at the hearing. The a decision and the City Attorney prepares a record of Bakersfield, California, August 3, 1983 - Page 18 In answer to a question by Councilman Christensen, City Attorney Oberholzer stated that in situations like this it can be difficult to get something through by way of a resolution. There is no legal requirement that these findings be adopted by resolution. The Council has always done that in the past, because it preserved · the record of the Council in the event there is a challenge in court. Due to the fact the Council is short one member and the Council can pass matters from the Board of Zoning Adjustment, but not have adequate votes to adopt a resolution, an alternative ~inute Order has been prepared for adoption, because the decision of the Council on an appeal by the Board of Zoning Adjustment is the decision of the majority voting. If the vote is the same as it was on the night of the hearing it would be 3 to 2. Consequently, it would be appropriate, if there are not enough votes to adopt a resolution, to adopt the ~inute Order that has been prepared so the three Councilmen will have an opportunity to express their findings in the event there is a challenge on this in court. Mayor Shell declared a brief recess at 8:10 P.M. and reconvened the meeting at 8:20 P.M. Councilman Christensen stated he does not want to delay Mr. Hankin's project, but from now on he wants items like this given to the Council in advance and not at the last minute. Upon a motion by Councilman Christensen, Minute Order of the Council of the City of Bakersfield affirming the decision of the Board of Zoning Adjustment granting a Conditional Use Permit to Dale ttankins to allow an Oil Well in an R-2 (Limited Multiple Family Dwelling) Zone, on that certain property commonly known as the Rio Bravo Golf Course, and denying appeal there£rom by La Hacienda, Inc. (Zoning File No. 305), was adopted by the following roll call vote: Ayes Councilmen Rockoff, Barton, Christensen, Ratty Noes Councilman Payne Absent: None Abstaining: Councilman Means Bakersfield, California, August 3, 1983 - Page 19 Councilman Barton stated he changed his vote because the Council, by a majority, rules that the project should continue. To vote against it at this particular time would be an obstruction to the will of the Council. Councilman Payne stated he wanted the record to show that he did not change his vote. Adoption of Zoning Resolution No. 306 of the Council of the City of Bakers- field affirming the decision of the Board of Zoning Adjustment denying a Modification to permit the reduction of the required front yard setback on 66 lots from 25 feet to 22 feet in an R-1 (One Family Dwelling) Zone, on that certain property located adjacent to the north side of Fairview Road, 1,320 + feet west of South "H" Street and northerly to the extension of Faith Avenue, and denying appeal therefrom by Sequoia Engineering, Inc. This resolution formally embodies and establishes the decision of the Council following the appeal hearing on this matter held July 13, 1983. Upon a motion by Councilman Barton, Zoning Resolution No. 306 of the Council of the City of Bakersfield affirming the decision of the Board of Zoning Adjustment denying a Modification to permit the reduction of the required front yard setback on 66 lots from 25 feet to 22 feet in an R-1 (One Family Dwelling) Zone, on that certain property located adjacent to the north side of Fairview Road, 1,320 ~ feet west of South "H" Street and northerly to the extension of Faith Avenue, and denying appeal therefrom by Sequoia Engineering, Inc., was adopted by the following roll call vote Ayes Councilmen Rockoff, Ratty Barton, Christensen, Means, Payne, Noes: None Absent: None Approval of Agreement between St. John Manor Housing Corporation and the City of Bakersfield setting forth the condi- tions, responsibilities and time frame for use of Community Development Block Grant Funds for offsite improvements on St. John's Senior Citizen Housing Project. z40 Bakersfield, California, August 3, 1983 - Page 20 23, 1982. The Council authorized the granting of $30,000 on June Upon a motion by Councilman Rockoff, Agreement between St. John Manor Housing Corporation and the City of Bakersfield setting forth the conditions, responsibilities and time frame for use of Community Development Block Grant Funds for offsite improve-. ments on St. John's Senior Citizen Housing Project, was approved and the ~ayor was authorized to execute same. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 5.16.070 A.4. of the Bakersfield Municipal Code to allow 8 Players instead of 7 Players at a table in Cardrooms. This ordinance was prepared at the direction of the City Council on July 13, 1983, after a request by Donald Bell. It affects only the number of players at a table. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 5.16.070 A.4. of the Bakersfield Municipal Code to allow 8 Players instead of 7 Players at a table in Cardrooms. Adoption of Emergency Ordinance No. 2862 New Series of the Council of the City of Bakersfield amending Sections 8.32.030 A.1., B.l., C.i., D., and E.2., Section 8.32.040, Section 8.32.050, Section 8.32.060 B., Section 8.32.080, Section 8.32.090 A., and Section 8.32.100 of the Bakersfield ~unicipal Code relative to repealing suspension of charges, modification of charges, and collection of charges by the Tax Collector with Property Taxes and by direct billing. This Emergency Ordinance modifies the provisions of Chapter 8.32, consistent with the directives of the City Council during budget hearings on the 1983-84 budget. Mrs. Carol Dykes, speaking in opposition to the Refuse Collection Fee, stated she feels this is double taxation because it is being paid for in other ways. There are other ways to find Bakersfield, California, August 3, 1983 - Page 21 money in the budget, as it is needed. There are a lot of people living on fixed incomes who cannot afford this tax. She also felt that the people should have a right to choose how they will pay for refuse collection and public hearings should be held. Mrs. Dykes requested that the vote on this matter be delayed until she can get some answers to her questions. Councilman Rockoff stated a public hearing was held on this matter during budget sessions. The budget had to be balanced. It is true there may be some subventions from the State, if the Legislature, by a two-thirds vote, gives money back to local govern- ments. That is not the best gamble in the world and it is not prudent of any Legislative body to pass an unbalanced budget with the hope that there will be additional revenue produced at the discretion of a body that the Council has no control over. City Manager Kelmar and himself went to see Assemblyman Rogers today and indicated to him how important it is to the City of Bakersfield to receive the subventions from the State that have been withheld. They also spoke, by long distance phone, to a Financial Analyst in Sacramento, who understands these problems and he could not give any promises that the City will receive subventions. He was told that the City needs the subventions and would like to know by August 29th how much will be received, if any, so the proper amount can be placed on the Property Tax bills. No one on the Council was happy to have to assess additional taxes, but the budget has to be balanced. Everything possible will be done to obtain additional revenue to minimize the additional tax imposed upon the people of this City. In answer to a question by Councilman Barton, City Manage~? Kelmar stated that Property Taxes only generate approximately $9,000,000 in revenues for the City and it will cost approximately $25,000,000 to operate the Police and Fire Departments and collect refuse. Councilman Barton stated it cost the City a ~ittle over $4,000,000 to provide refuse service. Property Taxes do not generate Bakersfield, California, August 3, 1983 - Page 22 by the Ayes: Noes: Absent: the kind of revenue to balance the services and the State with- holding subventions has really put a crunch on the City. After discussion, upon a motion by Councilman Rockoff, Emergency Ordinance No. 2862 New Series of the Council of the City of Bakersfield amending Sections 8.32.030 A.1., B.1., C.1., D., and E.2., Section 8.32.040, Section 8.32.050, Section 8.32.060 B., Section 8.32.080, Section 8.32.090 A., and Section 8.32.100 of the Bakersfield Municipal Code relative to repealing suspension of charges, modification of charges, and collection of charges by the Tax Collector with Property Taxes and by direct billing, was adopted following roll call vote: Councilmen Rockoff, Barton, Payne, Ratty Councilmen Christensen, Means None First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 12.36 of the Bakers- field Municipal Code relative to Curbs, Gutters, Sidewalks, Driveway Approaches, Connecting Pavement and Canal Fencing. This ordinance revises Chapter to add canal fencing to the list of improvements that are required upon improvement of property; deletes automatic exemptions in R-1 Zones, M-1 and M-2 Zones; allows the City Engineer to require a cash deposit for such improvements (except canal fencing) where he finds that construction within one year would be premature; and gives City Engineer latitude to condition, as well as waive, requirements where strict application would be unreasonable. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 12.36 of the Bakersfield ~unicipal Code relative to Curbs, Gutters, Sidewalks, Driveway Approaches, Connecting Pavement and Canal Fencing. First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the southwest corner of Harris and Wible Roads. Bakersfield, California, August 3, 1983 - Page 23 The application for this amendment was made by Quadrant Building Corporation and would change subject properties from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling), or more restrictive Zone. 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 those certain properties in the City of Bakersfield located on the south- west corner of Harris and Wible Roads. First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield ~4unicipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the north side of Panama Lane, 660 feet west of Wible Road. The application for this amendment was made by Regional Mortgage Company and would change subject property from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a C-1 (Limited Commercial), or more restrictive Zone. 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 ~unicipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the north side of Panama Lane, 660 feet west of Wible Road. 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 north and south sides of Beechwood Street, 130 feet west of Starwood Lane; and making findings in connection with a P.U.D. Zone. Z44 Bakersfield, California, August 3, 1983 - Page 24 The application for this amendment was made by U. S. Home Corporation and would change subject properties from an R-2 (Limited Multiple Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone, consisting of 50 low density detached garden units, 133 medium density townhouses, 118 high density condominiums, a recreation building and swimming pool. The Planning Commission recommended approval of this zone change request, subject to 12 additions to the plan for Phase I, and 15 additions to the plan for Phase II, and made findings delineated in Section 17.52.070 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 Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north and south sides of Beechwood Street, 130 feet west of Starwood Lane, and making findings in connection with a P.U.D. Zone. Mr. Mark Dickerson, referring to the ordinances changing the zoning on properties located on the southwest corner of Harris and Wible Roads and on the north side of Panama Lane, 600 feet west of Wible Road, stated the intersection of Harris and Wible Roads have a great deal of water in the winter during the rainy season and asked if provisions have been made to remedy that situation. Director of Public Works Hawley stated Tentative Sub- division Maps have been received and that question will be addressed. It is anticipated that the drainage will be improved by the develop- ment of this property. Mr. Dickerson stated the residents of this area are very concerned about the road conditions, water continuing to settle in the area and having to be pumped out by City trucks. If there is going to be a zone change from "A" to R-1 this is the time to address the whole problem. Bakersfield~ California, August 3, 1983 - Page 25 City Attorney Oberholzer stated this matter is a zone change and the requirements Mr. Dickerson is talking about are placed on properties at the time the Subdivision Maps are approved. Curbs, gutters and sidewalks are not a requirement of a Zoning Ordinance. Director of Public Works Hawley stated Mr. Dickerson's questions could be answered by coming into the Public Works or Planning Departments. Adoption of Resolution No. 102-83 amending Resolution No. 65-83 authorizing and directing percentage of annual installments be assessed for expenses of collection - Stock- dale Sewer Trunkline - Assessment District No. 82-1 (Resolution of Intention No. 955). This resolution increases the percentage to be collected for each installment on Assessment District No. 82-1 to a full one percent. This one percent annual charge will generate approximately $7,000, which is the amount needed to cover the expenses on billing and collection for the Assessment District. Upon a motion by Councilman Rockoff, Resolution No. 102-83 amending Resolution No. 65-83 authorizing and directing percentage of annual installments be assessed for expenses of collection Stockdale Sewer Trunkline - Assessment District No. 82-1 (Resolution of Intention No. 955), was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: None Adoption of Resolution of Intention No. 973 of the Council of the City of Bakersfield to establish Maintenance District No. 8. This resolution declares the intention of the City Council to establish a Maintenance District to pay the costs and expenses of maintaining and operating parks, street median and parkway landscaping, slopes and drainage facilities in the area Bakersfield, California, August 3, 1983 - Page 26 of the City generally bounded by Morning Drive on the east, College Avenue on the south, Fairfax Road (including those parcels adjacent to Fairfax Road) on the west, and State Route IV Ker 178 on the north. The formation of this Maintenance District has been requested by the owner/subdivider of the major portion of the proposed district; no negative response has been received to a letter sent to all other owners in the proposed district advising them of these proceedings. Upon a motion by Councilman Rockoff, Resolution of Intention No. 973 of the Council of the City of Bakersfield to establish Maintenance District No. 8, was adopted by the following roll call vote: Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes Absent: None None Adoption of Resolution No. 103-83 of the Council of the City of Bakers- field preliminarily adopting, con- firming and approving Public Works Director's Report; appointing time and place for hearing protests to the proposed District, the boundaries thereof, the fairness of the benefit formula, the amount of assessment to be levied against each parcel, and the reservation of right to perform work by City forces. (Resolution of Intention No. 973 - Maintenance District No. 8.) This resolution gives preliminary approval to the Report of the Director of Public Works, including the Maintenance District No. 8 boundary, benefit formula, budget and assessments, and sets the protest hearing for the Council Meeting of September 14, 1983. Upon a motion by Councilman Ratty, Resolution No. 103-83 of the Council of the City of Bakersfield preliminarily adopting, confirming and approving Public Works Director's Report; appointing time and place for hearing protests to the proposed District, the boundaries thereof, the fairness of the benefit formula, the amount of assessment to be levied against each parcel, and the reservation Bakers£1eld, California, August 3, 1983 - Page of right to perform work by City forces (Resolution of Intention No. 973 - Maintenance District No. 8), was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: None Approval of Application to the State Department of Health for a Permit to operate two additional wells in the Ashe Water System and two wells in the Fairhaven Water System. Well No. 12 was recently accepted by the City and is located on Warrenton Avenue, south of Stockdale Highway. Well No. 13 is completed and is located on Truxtun Avenue Extension. Fairhaven Well No. F101 was acquired with the Fairhaven acquisition and is located on Burr Street. Well No. F102 has recently been tied to the Fairhaven System and is directly behind the Hilton Inn, south of Rosedale Highway. This permit is required by the State Department of Health. Upon a motion by Councilman Christensen, Application to the State Department of Health for a Permit to operate two addi- tional wells in the Ashe Water System and two wells in the Fairhaven was approved and the Mayor was authorized to execute Water System, same. Approval of Agreement with the County of Kern for continuation of the Adult Diversion Program, a cooperative effort between the Kern County Pro- bation Department and the Bakersfield Police Department. This agreement between the County and City continues a process of diverting young adult first offenders of minor offenses from being processed in the normal manner through the criminal justice system. It is essentially the same agreement approved by the Council on July 21, 1982, with the only significant changes being a new budget and an updated need statement (describes the program and benefits). Bakersfield, California, August 3, 1983 - Page 28 Upon a motion by Councilman Ratty, Agreement with the County of Kern for continuation of the Adult Diversion Program, a cooperative effort between the Kern County Probation Department and the Bakersfield Police Department, was approved and the Mayor was authorized to execute same. Approval of request to retain surplus equipment - Large Commercial Trailer. The City recently purchased a new truck, which replaced a tractor trailer combination that is used to service refuse drop off boxes. The old tractor unit is in poor mechanical condition and should be disposed of at auction, however, the old trailer unit is in fair condition and could be used on an emergency basis. The Public Works Department to retain the trailer unit, which has trailer is 13 years old, but could be is requesting Council approval been declared surplus. The used for several more years without major work. The trailer would be used as a back up when the new truck is out of service for unscheduled repairs. Upon a motion by Councilman Rockoff, request to retain surplus equipment - Large Commercial Trailer, was approved. Councilman Payne made a motion to adjourn. This motion failed to carry by the following roll call vote: Ayes: Councilman Christensen Noes: Councilmen Rockoff, Barton, Means, Payne, Ratty Absent: None Councilman Rockoff stated the Budget Review and Finance Committee met today regarding cost of billing for Refuse Collection Fees and it was decided that the Committee needed additional infor- mation before a significant amount of money is appropriated for the collections, however, a minor amount should be approved to allow the work to begin. Upon a motion by Councilman Rockoff, expenditure of funds up to $5,000, was approved for temporary personnel to begin estab- lishment of accounts for Refuse Collection Fees, by the following Bakersfield, California, August 3, 1983 - Page 29 roll Ayes: Noes: Absent: Council, upon a motion by Councilman Barton, adjourned at 9:10 P.~. call vote: Councilmen Rockoff, Barton, Payne, Ratty Councilmen Christensen, Means None ADJOURNMENT There being no further business to come before the the meeting was ATTEST: CITY CLERK and/Ex Officio Cl~rk of the Council of the City of Bakersfield, California ma Bakersfield, California, August 10, 1983 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., August 10, 1983. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Ed Meissner of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Absent: None Minutes of budget special meeting of July 28, sessions of July 26 and 27, 1983, and 1983, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Dave Spencer, 6201 Manchester Lane, stated he is trying to establish a local limousine service, but has been unable to obtain a license because of several laws in the ordinance. lie has corresponded with the City Attorney and supports the revisions to the ordinance coming before the Council tonight. Mrs. Patsy Ladd, 3604 "K" Street, spoke in support of an amusement park being located in Bakersfield. ~r. A.D. Gardner, 6504 Saddleback Drive, submitted a letter and petition requesting Council rescind the public endorse- ment of the unrestricted recreational use of the settling pond adjacent to the Truxtun Avenue Extension, and restrict or prohibit further use of that pond until certain conditions are met. Mr. Gardner stated that when he was circulating the petition many people expressed concerns about the traffic hazards caused by vehicles entering and exiting the site; parking along the roadway; safety; noise caused by ski machines; dust; blowing sand;and trash. Mr. Gardner further requested that, if the Council decides to allow use of the pond for recreation, in order to protect the safety, health and well being of the people using the streets and living near the site that Bakersfield, California, August 10, 1983 - Page 2 1. Activity be limited to daylight hours only. 2. Adequate traffic control facilities be installed. 3. Restrict use of the water to non-motorized activity. 4. Trash receptacles be installed and maintained. 5. Adequate filtration equipment to insure safe, healthy conditions of the water and sanitary facilities for human waste disposal be installed. Councilman Barton stated the settling pond issue, and the Kern River, from the mouth of the Canyon to Interstate 5, are both under study and havebeen referred to the Water and City Growth Committee. Councilman Barton made a motion that correspondence and petitions received from A.D. Gardner, 6504 Saddleback Drive, dated August 10, 1983, be received, placed on file and referred to the Water and City Growth Committee. In answer to a question, City Attorney Oberholzer stated that if the settling pond is used for recreation purposes, staff would determine if an Environmental Impact Report would be necessary. There is an evaluation that staff goes through to determine what kind of Environmental Impact Study would have to be done. The Committee will decide if there is going to be a project at that location. There would only be an Environmental Impact Report of some kind if there is a project. In answer to a question, Director of Water Resources Dow stated the water recharge basin on Truxtun Avenue Extension is not part of the Kern River. Councilman Barton stated there has been a study going on for the past year and one-half dealing with that portion of the Kern River on City property located between Manor Drive and Inter- state 5. This study is concerned with the kinds of uses that can be put on the Kern River. One use allowed is a recharge basin, which is located on the lower 29 acres, and because of heavy rains has Z52 B~kersfield, C~li£orni~, ~ugust 10, 1985 - ~e 3 stayed full this year. People have started using that recharge basin as a recreational area. The question is whether that re- charge basin should be used as a Instead of saying absolutely no, Water and City Growth Committee. limited recreational facility. the issue was referred to the As a member of that Committee, Councilman Barton stated he would like to see how the recharge basin's use as a limited recreational facility fits in with the overall General Plan for the Kern River, and how the Council will mitigate some of the problems brought out Councilman Barton's motion that petitions received from Mr. A.D. Gardner, in Mr. Gardner's letter. correspondence and 6504 Saddleback Drive, dated August 10, 1983, be received, ordered placed on file and referred to the Water and City Growth Committee, was approved. Approval of Maps of Tract Nos. 4407, 4486, 4621 and Improvement Agreements with B. L. Dickinson, Inc., located east and west of Fairfax Road, south of Paladino Drive, and Improvement Agreement with B. L. Dickinson for construction of Fairfax Road. Mr. Berdell Dickinson, 3904 Panorama Drive, requested that the Council consider a Consent Calendar item at this time. City Manager Kelmar stated Mr. Dickinson has complied with all requirements, staff has no objections and recommends approval of Mr. Dickinson's request. Upon a motion by Councilman Rockoff, ~4aps of Tract Nos. 4407, 4486 and 4621 and Improvement Agreements with B. L. Dickinson, Inc., located east and west of Fairfax Road, south of Paladino Drive, and Improvement Agreement with B. L. Dickinson for construction of Fairfax Road, were approved. Mr. Jim Huber, 5111 Hunter Avenue, spoke regarding Warner Cable Company's billing policy requiring the customer to make pay- ment for cable service approximately 45 days in advance of receiving service. neither In answer to a question, City Attorney Oberholzer stated of the cable companies in Bakersfield have an exclusive Bakersfield, California, August 10, 1983 - Page 4 franchise. They are non-exclusive franchises, which means any cable company can come into Bakersfield and operate in the same terriroty that the other cable company operates. The Council has the ability to control the rates pursuant to the ordinance, which was adopted some time ago, but, by way of an amendment, the Counci~ has deregulated the cable companies from the standpoint that they submit their rates to the Council, and if Council does not act within 30 days those rates become effective. The Council has no direct control over billing procedures. There is nothing in the franchise that would authorize it. However, indirectly the Council would have control, by setting rates or holding hearings to deter- mine what those rates should be. There is a State Law, now on the books, that Warner Cable could comply with, which would remove the ability of the City Council to regulate rates. Warner Cable has not chosen to operate under those provisions of the State Law. He further stated that the Council could take back control of setting rates. Upon a motion by Councilman Christensen the issue of cable company billing policies was referred to the Budget Review and Finance Committee. Councilman Means requested that the issue of regulation of rates by cable companies also be referred to the Budget Review and Finance Committee. Councilman Christensen's amended motion to refer the billing policies and regulation of rates of cable companies was referred to the Budget Review and Finance Committee for study and recommendation. CORRESPONDENCE Upon a motion by Councilman Means, communication from Howard D. Polland, Pacific Gas and Electric, 1918 "H" Street, dated July 20, 1983, extending an invitation to the Council to attend an Energy Seminar at the Casa Royale Motor Inn on Thursday, August 1983, was received and ordered placed on file. Bakersfield, California, August 10, 1983 - Page 5 Upon a motion by Councilman Rockoff, communication from Raggtime Clothing Brokerage, 1512 - 18th Street, dated August 3, 1983, regarding withdrawal of petition submitted to the Council on July 21, 1983, requesting a change or modification of the manner in which retail stores are classified for tax purposes, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from Sun Aire, 210 North E1 Cielo Road, Palm Springs, dated August 3, 1983, requesting use of the City Seal on the side of their air- craft (No. N752S), was received and referred to the Business Development and Parking Committee. COUNCIL STATEMENTS Councilman Means stated he has had a large number of complaints regarding the power outages in the Southwest part of the City. He is especially concerned with the Kern City area and Rosewood Health Facility and Retirement Community. He would like to have a representative from Pacific Gas and Electric Company come before the Council and explain the areas that typically have higher incidents of power outages and the priorities of bringing different areas back on line. Upon a motion by Councilman Means, staff was requested to invite Pacific Gas and Electric Company representatives to come to the Council )4eeting of August 24, 1983, and make a presentation regarding the frequency of power outages in the Southwest and the restoration of power to those areas in stages and by priority. Mayor Shell announced to the Council and passed around a picture of a musical group in Birmingham England that has adopted Bakersfield. They sing Country Western Music, their name is Bakers.- field, and they wear a costume that is similar to the Bakersfield Police Department's uniform. REPORTS Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 23-83 regarding Billing and Collection of Refuse Charges, as follows: Bakersfield, California, August 10, 1983 - Page 6 When the City Council adopted the Ordinance imposing charges for Refuse Collection, it recognized the need to provide funding for additional staffing and related operating expenses. The City Council referred the matter to the Budget Review and Finance Committee for study and recommendation. This Committee has met with City staff to re- view the budgetary requirements. We noted the Public Works Department, as well as the Finance Department, have budgetary requirements. Further, we requested staff provide this Com- mittee with cost comparisons if we opted to consider contracting out the additional work required. Staff has contacted several local services, locating only one firm capable of providing this type of service. Further, the service the firm could provide would relieve budgetary requirements in the Finance Department only. For the Fiscal Year 1983-84, the budgetary requirements using City staff total $53,200, as compared to $64,650, using an outside service bureau. Therefore, we recommend the City Council approve funding for 1983-84, in the amount of $53,200, as itemized in the August 5, 1983, memorandum from Gregory J. Klimko, Finance Operations Manager. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 23-83 regarding Billing and Collection of Refuse Charges, was accepted; funding for 1983-84, in the amount of $53,200, as itemized in the memorandum from Gregory J. Klimko, Finance Operations Manager, was approved; and potential staff increase was referred to the Governmental Efficiency and Personnel Committee. Councilman Means stated he would support this motion because the staff would be used to provide all services to collect the commercial garbage charge. In answer to a question, Councilman Rockoff stated this funding is to get sufficient information for the billing of the commercial and apartment properties. City Manager Kelmar stated that there would be residential billings during the course of the year for new homes. Bakersfield, California, August 10, 1983 - Page 7 Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 16-83 regarding Chauffeured Driven Limousine Service, as follows: Recently the City Council received a report from the City Attorney regarding proposed Ordinance revisions relative to Chauffeured Driven Limousine Service. The matter was referred to the Business Development and Parking Committee for study and recommendation. This Committee has met with members of staff to review the proposed revisions. Principally, the Ordinance revisions delete: (1) the require- ment for identification signs on limousines; (2 the provision prohibiting the exclusive use by an individual; and (3) the provision that requires no taxi meter be installed. Also, the proposed Ordinance increases the maximum rates that may be charged. We also noted the Chief of Police has no objections to these proposed changes. We concur with the proposed Ordinance revisions and, therefore, recommend the City Council approve the Ordinance and consider this first reading. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 16-83 regarding Chauffeured Driven Limousine Service, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield repealing Section 5.50.220 and amend- ing Section 5.50.230 B. of the Bakersfield ~unicipal Code relative to Chauffeured Limousine Service. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Section 5.50.220 and amending Section 5.50.230 B. of the Bakersfield Municipal Code relative to Chauffeured Limousine Service. Director of Fire and Development Services Needham reported on the emergency activity during the July 4th Holiday this year. There were 43 fires determined to be caused by Fireworks, legal and illegal. The total loss caused by Fireworks was $40,450.00. There were nine injuries reported to local hospitals as a result of the use of Fireworks. This year the number of days for the sale of Safe and Sane Fireworks was reduced by the Council, which had a Bakersfield, California, August 10, 1983 - Page 8 positive and significant effect on the fire loss and number of injuries. In 1982 there were 58 fires and in 1981 there were 70 fires. In 1982 the fire loss was $101,000 and in 1981 the fire loss was $89,000. Compared to $40,450 this year, there has been a significant reduction. The number of fire related injuries in 1981 was 21, in 1982 it was 15 and in 1983 it was 9. The Council's decision to reduce the number of days had a positive effect on fires and injuries caused by Fireworks. In answer to a question, Fire and Development Services Director Needham stated that most cities in the State of California a~low Fireworks. Upon a motion by Councilman Ratty, report from the Director of Fire and Development Services regarding Fireworks, was accepted. NEW BUSINESS Adoption of Resolution No. 104-83 of the Council of the City of Bakers- field providing for the collection of Sewer Charges by the County Tax Collector. This resolution authorizes the County Tax Collector to collect the Sewer User Charges, which are to be billed by the at the time of billing for Property Taxes. Upon a motion by Councilman Ratty, Resolution No. 104-83 the Council of the City of Bakersfieid providing for the collection Sewer Charges by the County Tax Collector, was adopted by the County of of following roll call vote: Ayes: Councilmen Barton, Payne, Ratty, Noes: Councilmen Christensen, Means Absent: None Rockoff Adoption of Resolution No. 105-83 of the Council of the City of Bakers- field establishing Sewer Service User Charges and Fees for Fiscal Year 1983-84. This resolution sets fees and charges for sewer services provided by the City during the 1983-84 Fiscal Year. Bakersfield. California, August 10, 1983 - Page 9 Upon a motion by Councilman Ratty, Resolution No. 105-83 of the Council of the City of Bakersfield establishing Sewer Service User Charges and Fees for Fiscal Year 1983-84, was adopted by the following roll call vote: Ayes: Councilmen Barton, Payne, Ratty, Rockoff Noes: Councilmen Christensen, Means Absent: None Adoption of Resolution No. 106-83 of the Council of the City of Bakers- field providing for the collection of Refuse Charges by the County Tax Collector. This resolution is a procedural prerequisite to having the County Tax Collector collect refuse charges imposed under Ordinance No. 2863 upon single family residences, duplexes, tri- plexes and fourplexes, and is consistent with provisions in that Ordinance, which stated that such charges would be referred to the County for collection. Upon a motion by Councilman Rockoff, Resolution No. 106-83 of the Council of the City of Bakersfield providing for the collec- tion of Refuse Charges by the County Tax Collector, was adopted by the following roll call vote: Councilmen Barton, Payne, Ratty, Rockoff Ayes: Noes: Absent: Councilmen Christensen, Means None HEARINGS This is the time set for hearing before the Council on an Appeal by William G. McClure, Sales Representative of Ad-Art, Inc., to the denial by the Planning Commission of a Special Sign Permit for property located at the southeast corner of 20th and "G" Street~s. Projecting signs are included under specified prohibition~s in the Sign Ordinance. Existing projecting signs are considered nonconforming and must be removed within 10 years of the adoption of the Sign Ordinance or July, 1986. Bakersfield, California, August 10, 1983 - Page l0 Projecting signs may be installed upon approval of the Planning Commission of a Special Permit as provided in the ordinance. Itowever, the ordinance states that such sign shall not be permitted unless the applicant demonstrates a lack of sufficient sign locations to provide reasonable opportunity to identify and advertise the business, the relationship of the building to other buildings on the same street as to setback, size and existing signage. This building is on a corner parcel constructed on the property lines, and has extensive wall area. Accordingly, the Planning Commission felt there was absolutely no justification for granting the request. A letter was received on August 8, 1983, from Ad-Art, Inc., 3133 North Ad-Art Road, Stockton, California, requesting postponement of this hearing until the next regular Council Meeting. In answer to a question, City Attorney Oberholzer stated the proper procedure to preclude the necessity of readvertizing the hearing, would be to open the hearing for any testimony, and prior to closing the hearing, continue it until September 14, 1983. 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. Mayor Shell rescinded the statement she made regarding closing the public portion of the hearing. Upon a motion by Councilman Rockoff, the public hearing before the Council on an Appeal by William G. McClure, Sales Representative of Ad-Art, Inc., to the denial by the Planning Commission of a Special Sign Permit for property located at the southeast corner of 20th and "G" Streets, was continued to the Council Meeting of September 14, 1983. This is the time set for public hearing before the Council[ for the purpose of considering an application for a Conditional Use Bakersfield, California, August 10, 1983 - Page 11 Permit (C.U.P. No. 3901), requested by Tenneco Realty Development Corporation to develop a Helipad at the office complex under con- struction approximately 1,250 feet north of Ming Avenue, east of Old River Road in Southwest Bakersfield in a C-O (Corr~ercial and Professional Office) Zone. This hearing has been duly advertised and the property owners notified as required by law. The facility will be used for helicopter shuttle service to and from Meadows Field where the aircraft will be stored and maintained. Activity will be limited to 100 monthly operations (between 7:00 A.M. and 7:00 P.M.), and must comply with applicable local, State and Federal aircraft regulations. The Melipad may only be used as a landing pad (no maintenance allowed other than for emergencies). A letter has been received from Tenneco Realty Develop- ment, dated July 29, 1983, withdrawing their application for a permit to construct a Helipad at the new Tenneco West Headquarters Facility. Upon a motion by Councilman Christensen, communication from Tenneco Realty Development Corporation, dated July 29, 1983, withdrawing their application for a permit to construct a Helipad at the new Tenneco West Headquarters Facility, was received and ordered placed on file. This is the time set for public hearing before the Council on an Appeal by Wing Wah Restaurant to the decision of the Board of Zoning Adjustment denying their application for a Modification to allow the elimination of the required seven spaces, in a C-2 (Commercial) Zone, on that commonly known as 1525 - 19th Street. off-street parking certain property This hearing has been duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Bakersfield, California, August 10, 1983 - Page Mr. Steve Nichols, representing the Wing Wah Restaurant, stated that the Parking Ordinance is having a significant effect on the entire downtown area. The Redevelopment Agency is trying to revitalize the downtown area, but the City is penalizing new businesses that come into the area by requiring them to take care o£ a parking problem they did not create. From a zoning point of view, the parking fee is an unreasonable intrusion upon the lessee or owner of the property, charging a few people to finance a multi- million dollar parking structure in the downtown area. New businesses in the downtown area not only have high interest rates for improve- ments to their buildings, they have parking fees which older businesses do not have and increased property taxes. This has caused several businesses to go out of business. The Wing Wah Restaurant has gone to court on several occasions and the court has been unwilling to close the business. In the last court hearing the Judge sympathetically said he did not want to penalize the City and yet did not want to close a business, therefore, he allowed the Wing Wah Restaurant to appeal to the City. If the appeal failed they could appeal to the Fifth Circuit District Court. Proposition 13, now Article 13 A of the California Constitution, requires a two-thirds vote anytime a fee or special tax is imposed on individuals in the City. Mr. Nichols stated it is the Wing Wah Restaurant's suggestions that, instead of imposing a fee, such as the In Lieu Parking Fee, the users of downtown parking pay for that parking. Mr. Normal Walters spoke in support of the appeal by the Wing Wah Restaurant. Mr. William R. Dolan spoke in support of the appeal by the Wing Wah Restaurant. He stated he feels this ordinance is unjust, and requires some study and changes. It is a flagrant, exorbitant fee required of a small business. Parking is a big problem and it is time the City took a look at this ordinance and put some of the provisions into abeyance until the new parking garage is built and the City has had an opportunity to work at Bakersfield, California, August 10, 1983 - Page 13 utilizing the existing parking areas. He felt the Business Develop- ment and Parking Committee should, again, consider this issue, and requested the opportunity to discuss the issue with members of that Committee. Mr. Steve Nichols stated the Downtown Business Association is in favor of the repeal of the present ordinance and would like the Council to look at different opportunities for resolving this matter. Councilman Ratty stated he was on the Council at the time this ordinance was adopted. The Council hired Quad Consultants to perform a study on the parking problems in the downtown area. This In Lieu Parking Fee was a solution that Quad Consultants came up with to deal with the parking problem. There was a public hearing held at the time the ordinance was adopted. City Attorney Oberholzer stated the issue tonight in on the appeal and not whether or not the In Lieu Parking Fee should be imposed upon the Wing Wah Restaurant. The issue that was before the Board of Zoning Adjustment, and now before the Counci~ is a Modification to eliminate the seven off-street parking space requirements for the Wing Wah Restaurant. The request, when it came before the Board of Zoning Adjustment, was denied and has been appealed to this Council. There was no evidence presented at the public hearing for this Council to make a determination that the seven off-street parking space requirements should be eliminated. The parking requirements in the core area were established pursuant to an ordinance adopted in 1978, and, as Councilman Ratty indicated, this was the result of a study done by Quad Consultants in an attempt to alleviate the parking problems and, at the same time, encourage redevelopment and new businesses to cometothe downtown area. The Quad Study showed that there was a parking deficiency downtown and new business coming into the area would create a greater impact on the parking problem. The Board of Zoning Adjust- ment, prior to that time, was refusing to grant any Modifications Bakersfield, California, August 10, 1983 - Page 14 for parking, therefore, new business could not move to downtown. In response to the Quad Study and recommendations made, the Council adopted an ordinance, which delineated certain areas downtown as a core area and extended core area. Within the core area, the ordinance provides that when a new business comes in they are required to have only 50% of the normal parking requirements that would be required above the existing business. In addition, because the City wanted to encourage business to come downtown, they took a 50% cut of those parking requirements. In effect, that business is only required to provide 30% of parking requirements that some- one in anofher part of the City would have to provide. Further, the City gave new business another option, they could provide the required parking, lease parking spaces within 500 feet or pay an In Lieu Parking Fee. This is not a tax, but an option available to businesses downtown. The Council placed the value of a parking space at $30.00 per month per space. The Wing Wah Restaurant owes $210.00 per month for 7 spaces at $30.00 each per month. The restaurant currently owes $2,100 to the City, as it has not been complying with the ordinance since it opened for business. City Attorney Oberholzer further stated that Mr. Nichols has brought up some legal issues. An action was filed by the City of Bakersfield and defended by the Wing Wah Restaurant. A Preliminary Injunction has been issued by Superior Court and the restaurant must comply by September 6, 1983. 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 Ratty made a motion that the Parking Ordinance regarding In Lieu Fees be referred to the Business Development and Parking Committee for study and deny the Appeal by the Wing Wah Restaurant to the decision of the Board of Zoning Adjustment denying their application for a Modification to allow the elimination of the 264 Bakersfield, California, August 10, 1983 - Page 15 required seven off-street parking spaces, in a C-2 (Commercial) Zone on that certain property commonly known as 1525 - 19th Street. Councilman Christensen offered a substitute motion to rescind the existing Parking Ordinance, refer it back to the Business Development and Parking Committee, and that an income for developing parking be devised, spread around to everyone who has parking downtown and that amount be based on the value of their business and not be a high fee. City Attorney Oberholzer stated, if Councilman Christensel~'s substitute motion is passed, the Wing Wah Restaurant would be out of business, unless they constructed parking or obtained parking withill 500 feet of the business. After a lengthy discussion, Councilman Christensen with- drew his substitute motion. Councilman Christensen offered a substitute motion to uphold the Appeal by the Wing Wah Restaurant to the decision of the Board of Zoning Adjustment denying their application for a Modification to allow the elimination of the required seven off- street parking spaces, in a C-2 (Commercial) Zone, on that certain property commonly known as 1525 - 19th Street. to carry by the following roll call vote: Ayes: Councilman Christensen Noes: Absent: This motion failed Councilmen Barton, Means, Payne, Ratty, Rockoff None Councilman Ratty's motion that the Appeal by Wing Wah Restaurant to the decision of the Board of Zoning Adjustment denying; their application for a Modification to allow the elimination of the required seven off-street parking spaces, in a C-2 (Commercial) Zone, on that certain property commonly known as 1525 - 19th Street, be denied; the In Lieu and Parking Ordinance be referred to the Business Development and Parking Committee; and staff directed to Bakersfield, California, August 10, 1983 - Page 16 work with the Wing Wah Restaurant on some type of schedule for payment of the $2,100, carried by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff None Noes: Absent: None This is consideration and the time set for hearing before the Council for confirmation of the Report and Assessment List for Abatement of Weeds ordered by the Council since August 15, 1982. This hearing has been duly posted and notices mailed to all owners of property on which the nuisance was abated. Two parcels in the City were cleaned by the City's con- tractor. The costs for administrative fees and clearing the parcels can be paid by the property owners prior to August 15, 1983. If the owners do not pay by that date, the costs will be applied as a lie~ against the property. Upon a motion by Councilman Ratty, Resolution No. 107-83 of the Council of the City of Bakersfield confirming assessments for Nuisance (Weeds and/or Waste Matter - Fire Hazard) Abatement against properties generally identified as 1708 Hendricks Lane and/or 2800 South "H" Street and 924 "M" Street, was adopted by the following roll call vote: Ayes Councilmen Barton, Means, Payne, Ratty, Rockoff Noes None Absent: Councilman Christensen This is the time set for public hearing before the Council of the City of Bakersfield for the purpose of receiving written and oral testimony regarding Transit needs in the City of Bakersfield. This hearing has been duly advertised and posted as required by law. Mayor Shell declared the hearing open for public partici- pation. Bakersfield, California, August 10, 1983 - Page 17 Mrs. Patsy Ladd, 3604 "K" Street, requested that there be evening and Sunday bus transportation provided. No one else wishing to speak, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Councilman Payne stated he wished to clarify for Mrs. Ladd that there are no unmet public transportation needs which can be reasonably met at this time. The request to provide public transportation evenings and Sundays therefore, it is not reasonable for transportation company to meet that is not cost the Council request. effective and, to require the Upon a motion by Councilman Ratty, Resolution No. 108-83 of the Council of the City of Bakersfield finding there are no unmet public transportation needs which could be reasonably met, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None Upon a motion by Councilman Ratty, Resolution No. 109-83 of the Council of the City of Bakersfield authorizing the filing of an application with the Kern County Council of Governments for allocation of Transportation Development Act Funds for Fiscal Year 1983-84, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None CLOSED SESSION Upon a motion by Councilman Christensen, the Council recessed to a Closed Session at 10:05 P.M. to discuss Water Litigation. The regular meeting was reconvened at 11:19 P.M. 257 Bakersfield, California, August 10, 1983 - Page 18 ADJOURNmeNT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 11:20 P.M. ~A OR of t~ity of Bakersfield, Calif. ATTEST: CITY CLERK and ~x Officio Clerk of the of the City of Bakersfield, California cw/ma Counci~ Bakersfield, California, August 17, 1983 ~inutes of a Joint Public Hearing of the Council of the City of ~akersfield and the Bakersfield ~edevelopment Agency, held in the Council Chambers of City Hall at 5:00 P.M., August 17, 1983. The meeting was called to order by Mayor Shell and Agency Chairman Barton, followed by the Pledge of Allegiance and a minute of silent prayer. Deputy City Clerk Gafford called the roll of the Council as follows: Present: Mayor Absent: Shell. Councilmen Christensen, Payne, Barton Councilmen ~eans, Ratty Deputy City Clerk Gafford called the roll of as follows: Present: Agency Members Christensen, Payne, Absent: Agency Members Means, Ratty CORRESPONDENCE Deputy City Clerk Gafford stated Rockoff, the Agency ~ockoff, Barton that other than the correspondence contained in the Final Environmental Impact Report, correspondence was receive~ from the Historic Preservation Com- mission, City of Bakersfield, dated August 16, 1983, regarding the Hall of Records Building. STAFF REPORTS City Manager and Executive Director of the Redevelopment Agency Kelmar introduced Mr. Harry Tow of Quad Consultants who prepared the Environmental Impact Report. Mr. Tow explained the process required by the California Environmental Quality Act (CEQA). IIe stated the CEQA regulations require that an Environmental Impact Report be prepared for any- thing with impacts of environmental significance. Mr. Tow also explained that the proposed Truxtun Galleria Project is a $70,000,000 project, which consists of two office towers, one thirteen stories and one eighteen stories, connected by 90,000 square feet of commercial development. The office towers contain Bakersfield, California, August 17, 1983 - Page 2 400,000 square feet of gross building area with 1,200 parking spaces, which the consultants have indicated is adequate for the project. The project occupies the two blocks between Truxtun Avenue, 17th Street, "H" Street and Chester Avenue, excluding California Republic Bank. The principal commercial and professional offices have a positive impact in terms of City revenue with a proposed combined revenue by the Agency and City with a better than 10-1 ratio of revenues versus expenditures over a period of time. The City has a positive balance in revenues in terms o£ Sales Tax, Business Licenses and indirect benefits which will occur. City Manager and Executive Director Kelmar gave a report regarding the purchase of the Hall of Records property owned by the County of Kern. He stated that the Agency authorized a letter to be submitted to the Board of Supervisors, which requested an indication from the Board as to their interest in selling the Ha~l of Records for the purpose of developing the Truxtun Galleria. He stated that a few weeks ago the Board met regarding the project and presentations were made by architects and the developer. The Board agreed to hold a meeting of the whole regarding the responses to the questions that had been raised. City Manager and Executive Director Kelmar read a letter from Mr. R. S. Holden, County Administrative Officer, to the Board of Supervisors, dated August 16, 1983, as follows: RE: Galleria Project: Board of Supervisor's Action Following August 15, 1983 Committee of the Whole Meeting On August 15, 1983 the Board of Supervisors held a Committee of the Whole meeting to discuss the City of Bakersfield downtown "Galleria" redevelop- ment project. To facilitate this meeting, the Board had received a report that was prepared by this office with the principal assistance of the Property Management Department. In addition, individual letters were received and presentations were made by'the Bakersfield City Manager, by the architects of the Moreland Development Corporation, and by individual citizens. Bakersfield, California, August 17, 1983 - Page 3 The purpose of this report is merely to assure that an adequate understanding is had by all interested parties relative to the direction of the Board following the Committee of the Whole meeting. The results of the Committee of the Whole meeting are summarized as follows: ---The Board took action to provide contingent approval relative to the sale of the Hall. of Records. ---The Board directed this office to attend the August 17, 1983 joint Bakersfield City Council/Board of Directors of the City Redevelopment Agency hearing relative to the certification of the draft Environmental Impact Report on the Galleria Project and the proposed disposition and development agreement to be formalized with the More- land Corporation. ---This office is to continue its evaluation of the County's occupancy of space in the Galleria project with principal attention given to costs and operating efficiency. ---This office is also to evaluate and compare the alternative proposal relative to a Kern County Government Center that was submitted by the Mosesian Development Company. If there are no errors or omissions in this office's understanding of the Board's August 15, 1983 action, IT IS RECOMMENDED that this report be received and filed. Sincerely, R. S. HOLDEN County Administrative Officer He further stated that the Board indicated that they were interested in selling the Hall of Records to the Redevelopment Agency and directed County staff to meet, subject to the outcome of this hearing relative to negotiating a satisfactory price and possible relocation of the Hall of Records during the construction, if the project were to move forward. City Manager and Executive Director Kelmar gave a report to reset date for hearing on the Disposition and Development Agreement for the Truxtun Galleria Project. He explained that the agreement could not be completed in time for the adequate noticing for public review and requested that the hearing be reset for September 27, 1983, at 5:00 P.M. 271 Bakersfield, California, August 17, 1983 - Page 4 Upon a motion by Councilman Barton, the date for the hearing on the Disposition and Development Agreement for the Truxtun Galleria Project was reset for September 27, ]983, at 5:00 P.M. Upon a motion by Agency Member Payne, the date for the hearing on the Disposition and Development Agreement for the Truxtun Galleria Project was reset for September 27, 1983, at 5:00 P.M. HEARINGS This is the time set for public hearing on the Draft Environmental Impact Report for the Truxtun Galleria. The hearing was duly advertised and posted. Mayor Shell declared the hearing open for public partici-. pation. Mr. Richard D. Crowe, Vice-President of the Kern County Historical Society, stated that his point of view and the Board of Trustees' point of view is that the Hall of Records should be preserved and restored to its original state and not be part of the Truxtun Galleria Project, unless it can be utilized in the project in accordance with its present shape and appearance. He commented on the Hall of Records portion of the EIR and stated that the Kern County Historical Society is pleased to note that the report of the independent consultant, contrary to the public statements of the developer and his associates, has determined that the Hall of Records has great architectural and cultural significance, and that the building has a viable commercial future. This is a conclusion which the Kern County Historical Society had previously reached and with which the Society strongly concurs. The Society, therefore, wishes to go on record as recommending that every effort be made, and all avenues explored, toward pre- serving and restoring the Hall of Records. He further stated that the Society was pleased that the City has formed a Historic Preser- vation Commission. Z72 Bakersfield, California, August 17, 1983 - Page 5 Mr. Norman Walters stated that the City has not proven that a need exists for the proposed Galleria, and that the proposal is an expense to be put upon the pocketbooks of the citizens. He stated that the Galleria is not self-supporting unless private enterprise buys, builds and owns the property and improves it without the help of the City or Redevelopment Agency. He further stated that the Hall of Records is a sound and functional building, and suggested that a ballot be mailed to the public in order to get their responses. Mr. Richard McBurnie, Attorney for California Republic Bank, stated that the published notice of this hearing indicated that the proposed project, as well as the proposed Disposition and Development, will cover the entire two block area bounded on the west by "H" Street and east by Chester Avenue, north by 17th Street and south by Truxtun Avenue, which includes the present site of the California Republic Bank and parking garage behind the bank. City Manager and Executive Director Kelmar clarified that the California Republic Bank building and garage is not included in this project. Mr. Richard Monje, Chairman of the Bakersfield Historic Preservation Commission, stated that the Commission has unanimously concluded that the Hall of Records is historically, architecturally and culturally significant and should be preserved and restored. They have found a developer, Mr. Tim Gannon, who is interested in restoring the building at his expense, and that the City and Agency should be looking for these types of alternatives. Mr. Monje also commented on the Environmental Impact Report. He noted that on page 33 under Setting, it states "a building which may be of historical significance," but, in fact, the building is of historical significance and that determination was made by the Commission and the City's consulstant and concurred by the Historical Society. Also, on the same page, it makes Bakersfield, California, August 17, 1983 - Page 6 '~' reference that "The Hall of Records would appear to meet the Cultural Resource Designation Criteria that are listed in the Ordinance." He clarified that the building does meet that desig- nation, and that decision was made by the Historic Preservation Commission. Also, on page 34, it states that the Hall of Records "could be viewed as an economic liability." Mr. Monje explained that he reviewed the entire report and there is no support for thai: statement. He commented that it appears to be a conclusion pulled out of thin air, and if the conclusion is going to be in the report, CEQA requires that there be some support. On page 35 of the report, there is an extensive discussion of how difficult it will be to do a cost analysis of restoring the Hall of Records to its original condition. He stated that the report should have to include a cost analysis of the expenses that would be incurred in restoring the Hall of Records rather than just a statement that it would be difficult to make such an analysis. Also on page 35, there is some indication that if someone wanted to restore the building, there would be a 20% investment tax credit available. What the report does not indicate is that if the building were eligible for National Register status, which the independent consultant has concluded may be true, the tax credit would be 25%, and there are some additional tax benefits to a private developer who wants to restore the building. Mr. Monje also noted that on page 36, there is a proposed additional mitigation factor, which is in essence to incorporate the design elements of the building into the Truxtun Galleria and there.is not discussion of what elements should be incorporated. He explained that we cannot have anyone consider a mitigating factor until we know exactly what would be done to mitigate the destruction of the Hall of Records. ~r. Monje further commented upon the comments received by the County Clerk, which the consultant has included a statement referencing the historic significance of the site and that historical significance could be preserved by having the County Recorder's Bakersfield, California, August 17, 1983 - Page 7 function included in the tower. He stated that the Historic Preservation Commission does not see how putting the County Recorder's function on the 12th floor of an office towe~ after tearing down the 75 year old building, preserves the historic significance of the site. Mrs. Richard Bailey stated that if her husband was able to attend the hearing he would be here. She commented upon what her husband had stated to her about time he came to Bakers£ield in 1929 the colored lights and stained dome held up by the four marble columns. the Hall of Records from the and the emotional impact of and large interior that was The big windows, broad stairs and ionic pillars were evident. She stated that her husband hoped that the building would be preserved as a monument to the future and as a viable building to the present. Mr. Hugh Sill, businessman, stated the he was definitely against preserving the Hall of Records building. He commented that it is not a serviceable building, and is not in line with the City codes of today. He further commented that there is no way that the building will fit into the Truxtun Galleria Project. Mr. Harry Rubin, merchant, has been in Bakersfield since 1919 and stated that the City has lost all of the historical buildings, except the Hall of Records. He stated that he does not intend to impede the progress of the growth of Bakersfield or the Galleria Project, but that he is not in favor of destroying or moving the Hall of Records. Mr. Harry Tow stated, for the record, that the comments that have been made and responded to previously in the EIR and the letters received and comments made at the hearing will be incor- porated into the Final EIR, and that they do not require quantitative responses. )~artha Walters stated that it is not too significant that the Hall of Records be restored to its original condition. If it functions and meets the needs, in this economy, it should be Bakersfield, California, August 17, 1983 - Page considered. She stated that the voters should have input. Mrs. Walters also requested an accounting of the monies that have been spent to date by the Redevelopment Agency in buying properties for landbanking and the monies taken in as revenue. Mayor Shell requested an updated report be given regarding landbanking and revenue and expenditures at a future Council Meeting. Fran Smith, businesswoman, commented on the Hall of Records and stated that she was against destroying the building. Mayor Shell questioned the City Attorney as to the meaning of certifying the Environmental Impact Report. City Attorney Oberholzer stated that the California Environmental Quality Act (CEQA) process requires that there be a determination of the environmental impacts of the project. It does not obligate the Council or Agency to proceed with the project. This would recognize any mitigations, and if there are no miti- gations, then the City would take the consequences of whatever impacts there might be. Councilman Rockoff asked if the Draft EIR and Final EIR are the two documents upon which the action is being made. Mr. Harry Tow explained that the Draft EIR is the document for which comments are received. The Final EIR constitutes the comments and responses to comments together with the record of hearing. These three components make up the Final EIR, which is the item to be certified. There being no further comments received regarding the Environmental Impact Report for the Truxtun Galleria Project, Mayor Shell closed the public portion of the hearing for Council and Agency deliberation and action. City Manager and Executive Director of the Redevelopment Agency Kelmar stated that he recognized all the concerns expressed regarding the Hall of Records. that the building can be moved, with Mr. Gannon to restore it. He con~nented that it is his feeling and that a transaction can be made He suggested to the Council and Bakersfield, California, August 17, 1983 - Page 9 Agency that, if they would certify the EIR and direct staff to negotiate for the removal of the building to another site in the downtown, hopefully, that would alleviate the public concern regarding the building and allow the Truxtun Galleria Project to move forward. He further stated that staff could report back to the Council and Agency at the hearing on the 27th of September regarding a transaction on moving the building. Agency Member Christensen stated that he has read the material and that comments have been received by individuals and groups regarding this project. He stated that the suggestion by the City Manager was good, and that the City should follow up on the cost of moving and rehabilitating the building. He expressed concern that with the comments received tonight, there is great interest in the Truxtun Galleria Project and Hall of Records, and, therefore, suggested that the Council and Agency take additional time to consider the EIR before making a decision. This will ensure that all input has been received and the body has had an adequate opportunity to consider the matter before taking action. He stated that he did not want to delay the resolution, and, therefore, made a motion that the hearing approving and certifying the EIR be continued to September 27, 1983, with the hearing on the Disposition and Development Agreement. He further suggested that, at the same time, a report be given regarding the expenses of the Redevelopment Agency on landbanking and a cost for moving the Hall of Records and rehabilitating the building. City Manager and Executive Director Kelmar stated that pursuant to discussions with Tim Gannon, he has expressed an interest in incurring the cost for moving and rehabilitating the building himself. City Attorney Oberholzer stated that the hearing has been closed, and that the decision of the body can be continued. but not the hearing. Agency Chairman Barton questioned staff, based on Agency Member Christensen's motion, if the delay on the EIR prohibits staff from proceeding with investigating the relocation of the building Bakersfield, California, August 17, 1983- Page with Tim Gannon, negotiations with the County and the Disposition and Development Agreement with Terry Moreland,. He questioned if the delay would stop part of the process. City Manager and Executive Director Kelmar stated that the action on the certification of the EIR and discussion on moving the Hall of Records are not related. He explained that the efforts of the County might be stalled because they would like to be assured that the City is behind this issue before they seriously negotiate in terms of sale price and possible relocation. Agency Chairman Barton expressed concern that the Agency should proceed with the EIR and also direct staff to pursue with the discussions with Gannon for relocation and find a site for the structure. City Manager and Executive Director Kelmar explained thai: the County Board of Supervisors have indicated that they have a willingness to sell the Hall of Records, subject to a fair price and subject to the certification of the EIR. This would a~low staff to negotiate a price with them. He felt that until the EIR is certified, the County would not seriously negotiate with the City and developer. Agency Member Christensen stated that he did not want to impede the action of the Galleria because he supports it. He stated that many projects have been proposed for the downtown, but did not go forward, and that there are many hurdles before the project is finished. He further stated that at the end of the 15-month period, if nothing is accomplished, then maybe the Redevelopment Agency should be dissolvedbecuase of excessive false starts. Upon a motion by Agency ~ember Rockoff, Redevelopment Agency Resolution No. RA13-83 making findings and recommending certification by the City Council of the Final EIR for the Proposed Truxtun Galleria Development Project, was adopted by the following Bakersfield, California, August 17, 1983 - Page roll Ayes Noes Absent: call vote: Agency Members Christensen, Payne, Rockoff, Barton None Agency Members Means, Ratty Mayor Shell complimented the City's Historic Preservation Commission and stated they have done a yeoman's task. She questioned how long the Disposition and Development Agreement will be available for the public, Councilmen and herslef to review. City Manager and Executive Director Kelmar stated that it will be available two weeks prior to the hearing. Upon a motion by Councilman Barton, Resolution No. 110-83 of the Council of the City of Bakersfield declaring it has reviewed, evaluated and considered the information contained in the Final EI~i for the proposed Truxtun Galleria Project, making findings and certifying that said Final EIR has been completed in compliance with fhe California Environmental Quality Act, State EIR Guidelines and Council Resolution No. 60-80, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Payne, Rockoff, Barton Noes: None Absent: Councilmen Means, Ratty Agency Member Payne made a motion to direct staff to submit a contingent offer to the County of Kern for purchase of the Hall of Records. This motion was unanimously approved. City Manager and Executive Director Kelmar requested authorization to proceed with negotiations to determine if the City can come to an agreement for moving the building. Agency Member Christensen made a motion to direct staff to proceed with negotiations for relocation and cost of rehabilitating the Hall of Records. This motion was unanimously approved. ADJOURNMENT Upon a motion by Agency Member Christensen, the Redevelop- ment Agency's portion of the joint public hearing held before the Bakersfield, California, August 17, 1983 - Page Council on the Environmental Impact Report for the proposed Truxtun Galleria Project, was adjourned at 6:35 P.~. Upon a motion by Councilman Christensen, the joint public hearing before the Council and Redevelopment Agency on the Environ-- mental Impact Report for the proposed ?ruxtun Galleria Project, was adjourned at 6:35 P.M. ATTEST: MAYOR of~t t%~f Baker~alif. CITY C~a~d~x ffici~ o C~~erk of the Council of the City of Bakersfield, California rg/ma Bakersfield, California, August 24, 1983 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., August 24, 1983. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Norbet C. Oesch of St. John's Luthern Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Means, Payne, Ratty, Rockoff, Absent: None Barton, Christensen Minutes of the regular meetings of August 3 and 10, 1983, were approved as presented. SCHEDULED PUBLIC STATEMENTS Ann Frank, 1821 Orange Street, addressed the Council regarding Bravery and Safety. Carol Dykes, 2222 South "H" Street, expressed her opposition to the Refuse Collection Fees and requested Council rescind the Garbage Tax. Mr. Hershell Brown, 2708 Houchin Road, spoke in oppositic. n to the Garbage Tax. After a lengthy discussion regarding the Garbage Tax, Councilman Means made a motion that any additional monies received from the State are to be used to directly reduce the Garbage Tax this year. Councilman Barton stated he cannot support an unbalanced budget. If the City does receive subventions back from the State, those funds are to be used to reduce and/or eliminate the Refuse Service Fees. In answer to a question by Councilman Rockoff, City Manager Kelmar stated the City would be billing the Commercial Refuse Collection Fees and, therefore, modifications could be made for refunds of partial or all of those fees. He thought it could be worked out administratively for those residents who pay those fees through their tax bills to receive a refund. Bakersfield, California, August 24, 1983 - Page 2 Upon a motion by Councilman Means, all additional monies received from the State are to be used to directly reduce the Garbage Tax this year. Councilman Christensen voted in the negative on this motion. Mr. Alan G. Rigler, District Superintendent for Pacific Gas and Electric Company, spoke regarding power outages in the Southwest Bakersfield Area. There are 188 circuits in this district. The circuit causing problems is the 2111 Circuit out of the Stockdale Substation, which is a 21,000 volt underground and overhead circuit feeding approximately 3,200 customers, both residential and commercial. The area it encompasses starts at White Lane extending north to Ming Avenue, New Stine Road to Ashe Road and along Stine Road from Ming Avenue to Stockdale Highway on both the east and west sides. Every outage in the Pacific Gas and Electric system is investigated to determine the cause and remedy the situation. In 1982, when outages on this circuit were becoming prominent, the circuit was studied thoroughly to determine the cause. In March it was determined outages were caused by failure of an elbow, which is a manufactured piece of equipment. Each elbow that has malfunctioned is sent to P. G. & E's Department of Industrial Research, who, in turn, cuts it apart and determines what causes the failure. It was determined failure was due to electrical stress. P. G. & E acknowledges their responsibility for the failure of this equipment and recently completed replacing 300 elbows in the area. Permission has been given to replace the remaining 500 elbows on this circuit, which will take until approximately February, 1984. To accomplish this, P. G. & E. has planned outages where they de- energize and then replace the elbow. There is also a new state-of- the-art equipment, called an Interrupter, which will be installed on this circuit. It will not prevent an outage, but will confine the outage to a particular area. P. G. & E. is concerned with continuity of service to their customers and with this particular Bakersfield, California, August 24, 1983 - Page 3 area, because it has been plagued with outages. P. G. & E. intends to bring this circuit to a point where outages are no more than any other circuit. In answer to a question by Councilman Means, Mr. Rigler stated the area of Rosewood Gardens and Kern City are furtherest from the Stockdale Substation. When restoring power, you start at the substation, working forward and put back on in pieces. The order of restoration cannot be changed. Mr. Jeff Garchow, President o£ Energy Materials, Inc., explained his company is a consulting service which uses infrared equipment to spot weaknesses in electrical systems. Mr. James Childs expressed his appreciation to the Council for making themselves available to answer questions and inform the community regarding rezoning of Census Tract 22. In answer to a question by Mr. Childs, Councilman Payne stated he did not feel the residents of Census Tract 22 understood enough about the rezoning issue to willingly accept it. Mr. Childs stated that because of misunderstandings and fears by residents of Census Tract 22, he would respectfully request that the Council not implement any rezoning amendments or resolutions until there is a Councilman is seated in the First Ward. Councilman Barton made a motion to defer the Lakeview Rezoning Strategy for discussion until the first meeting in December, 1983. In answer to a question by Councilman Payne, Mr. Childs stated he would be more than willing to work with staff. He stated his main concern is to inform the people in Census Tract 22. Councilman Barton amended his motion to defer the Lake- view Rezoning Strategy to November 16, 1983, for discussion purposes. This motion was unanimously approved. Mr. Art Powell stated he did not speak about the Lakeview Rezoning issue at further stated he did not feel there was for the First Ward at this time. feel it was proper to tonight's meeting. He any one person speaking Bakersfield, California, August 24, 1983 - Page 4 Mr. Mark Dickerson, 5404 Krista Street, spoke regarding a Zone Change Ordinance that is on the agenda for approval, located at the southwest corner of Harris and Wible Roads. He stated he resides north of the proposed subdivision. As a result of this zone change and other issues, there has been a community group formed called the Southwest Residents' Association. This Association is submitting a petition with 198 signatures requesting Council deny the requested zone change from "A" (Agricultrual) to R-1 (One Family Dwelling) and Subdivision Map No. 5652, which provides for 6,000 square foot lots. The Association requests the Council approve a zone change from "A" (Agricultural) to R-S (Residential- Suburban) and approve a Tract Map, which provides for lots in excess of 14,000 square feet, and provides for single family dwellings zoned for animals. The Association is concerned that 300 feet is not a sufficient distance for notification of hearings and requested a change from the required 300 feet to 3,000 feet for subdivisions in excess of 5 units. They also wish to maintain their integrity as a rural community. The Association does not feel road conditions and traffic patterns can withstand the sub- division density as it is set out. There has been no traffic study at Harris and Wible Roads as to the traffic problems associated with the proposed subdivision. Greenfield School District of Panama Union School District. The Planning Commission notified the proposed subdivision rather than The impetus of this is that Green- field School District does not have a builders fee and Panama Union School District does. The Association would like the Planning Commission to address the problem of planning a park for their community. There are no bike or horse paths in their community and that needs to be addressed. Mr. Dickerson requested Council consider the Zone Change Ordinance at this time. Upon a motion by Councilman Payne, Zoning Ordinance under Deferred Business regarding property located at the southwest corner of Harris and Wible Roads, was moved forward on the agenda to be discussed at this time. Bakersfield, California, August 24, 1983 - Page 5 Adoption of Ordinance No. 2864 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 southwest corner of Harris and Wible Roads. The application for this amendment was made by Quadrant Building Corporation and would change subject properties from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission recommended approval of this amendment. Mr. Dickerson stated, in his opinion, the proposed subdivision has not followed the technical limits of the law. The Planning Commission did not notify the proper school district. In answer to a question by Councilman Christensen, Fire and Development Services Director Needham stated, in relation to the agreement between the City of Bakersfield and Panama Union School District, the City lays out the fees to be paid to the school district by the builder at the time the Building Permit is taken out. Whether or not the district has been notified of the proposed subdivision has no bearing on collection of those fees. However, the assessment of fees was in the set of conditions for the subdivision portion of this development. In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated there are no legal ramifications if the City approves this rezoning. At the time a Building Permit is taken out, the builder is obligated to pay the school district fee, whether or not it is a condition set out in the Tentative Tract Map. City Attorney Oberholzer stated it is a State Law that zoning must be consistent with the General Plan. In respect to the Tentative Map, it went to the Planning Commission for approval, there is an appeal period, when a person can appeal a decision of the Planning Commission. That appeal period is set out in the Subdivision Map Act of the State of California, once it has passed Bakersfield, California, August 24, 1983 - Page 6 the subdivider proceeds and expends funds relying on the fact he has an approved subdivision. All property owners within 300 feet were notified. This is a State Law, which was adopted locally. This having been done, and the developer justifiably relying on the law, the City would be in a difficult position to now go back and tell him we are sorry, although the appeal period has run out, we are going to deny or revoke approval of the Tentative Map. The City, in a situation like that, might be stuck with some questions that are similar to inverse condemnation. Mr. Mike Mason, representing Homestead Land Development, stated it was his company's understanding the proposed subdivision is in the Panama Union School District and is in agreement to payir~g any fees required. In answer to a question by Councilman Payne, Mr. Mason stated this subdivision has been through the Planning Department process and his company has been given and accepted a list of conditions with which this subdivision must comply. Mr. Gene Vastbinder, 3708 De Ette, stated he is concerne~ with the traffic problems in this area. He would like to see no zone change until the residents of this area are assured the City will develop the access roads. Mr. J. T. Hanawalt, 3408 De Ette, stated he is concerned with what the Council proposes to do in an over-burdened school district, which already has children taking classes in the lunch room and eating outside. City Attorney Oberholzer stated the Tentative Map and Subdivision Map are not before the Council for consideration to- night. The matter before the Council is a Zoning Ordinance. The map has gone through an approval process and the appeal period has passed. In an "A" (Agricultural) Zone there are less restrictions than an R-1 (One Family Dwelling Residential). In an "A" Zone residents can hatch, raise and fatten chickens, turkeys, and other fowl. Hogs and pigs can be raised in an "A" Zone, therefore, R-1 zoning actually restricts the property from a possible obnoxious use of the property. Bakersfield, California, August 24, 1983 - Page 7 In answer to a question by Mr. Dan Norris, 3600 Harris Road, Mayor Shell stated the Council has no jurisdiction where the school district is concerned. City Attorney Oberholzer stated a requirement by law is that the City meet with school districts and establish their needs. The Panama Union School District now has a builders fee required every time a Building Permit is taken out. This fee can be used for one thing, interim classrooms. It is to provide more class- rooms as a result of the increased impact due to the subdivisions that are constructed. The City Council expressed their concern over this particular issue and passed an ordinance requiring new subdivisions to make a payment to the school district. Mr. Tom Mulligan, 3709 De Ette, stated he is concerned with the notification procedures of hearings and the safety of traveling on Harris Road. Mrs. ~artha Walters, 3301 Dwight Street, suggested the possibility of installing a buffer zone between the different developments. In answer to a question by Mr. Thomas F. Stalnaker, 3800 Margalo Avenue, Fire and Development Services Director Needham stated before construction can begin the map will have to be recorded, proof given that all the different agencies have been notified and conditions have been satisfied. Staff will give an approval of compliance and the final map will come back to the Council on the Consent Calendar. After a very lengthy discussion, upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2864 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 southwest corner of Harris and Wible Roads, finding said zoning consistent with the General Plan, were adopted by the Bakersfield, California, August 24, 1983 - Page 8 following roll call vote: Ayes: Noes: Absent: Councilmen Means, Payne, Christensen he had no Ratty, Rockoff, Barton, None None Councilman Christensen requested that the record show legal choice but to vote in support of the motion. Mr. Jerry Dodd, Meerza Associates, stated Mr. Meerza purchased a building on Chester Avenue and after that purchase Golden Empire Transit District was interested in the location of that building for a transit facility. Due to the uncertainty on the part of the Golden Empire Transit District, Meerza Associates has been unable to do anything with that building. Last evening Golden Empire Transit District rescinded their intent to start Eminent Domain proceedings in the 2100 block of Chester Avenue. Mr. Dodd stated he wanted to publicly state he wholeheartedly supports the Golden Empire's decision made last evening. He also stated he is concerned that something be done with the downtown area. going to and they hopefully, within two weeks. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Bakersfield Art Association, Inc., Cunningham Memorial Gallery, dated August 12, 1983, regarding parking citations issued to volunteer gallery attendants, was received and referred to the Police Department. Upon a motion by Councilman Christensen, communication from Southern San Joaquin Valley Brittany Club, 6731W~lson Road, dated August 17, 1983, requesting use of City owned property located along the Kern River near Stockdale Highway and Enos Lane, for Councilman Means stated the issue of what the Council is do regarding a transit way, or whatever, is in Committee are trying to come up with an answer as quickly as possibl,~, Bakersfield, California, August 24, 1983 - Page 9 holding a Bird Dog Field Trial on October 28, 29 and 30, 1983, was received and referred to the Water Resources Department. Upon a motion by Councilman Christensen, communication from State of California, Governor's Office of Economic Opportunity, dated August 15, 1983, submitting a draft copy of the 1983-84 Low Income Home Energy Assistance Program (LIHEAP) State Plan and notice of scheduled public hearing, was received and referred to the Community Development Coordinator. COUNCIL STATEMENTS Upon a motion by Councilman Payne, the City shall receive the Council salaries from any Councilman wishing to donate his salary back to the City. Councilman Payne stated he received letters presented by Mr. Dickerson, one dated August 20, 1983 and one with no date, from members of Mr. Dickersoh's neighborhood. One is regarding a drainage problem in the vicinity of Baybrook and Stine Ranch. The second letter complains that some of the R-S zoned property owners are boarding as many as 3 to 5 horses on property zones for 1 horse. Councilman Payne referred the two letters to City staff to investigate and take whatever action is appropriate. He also requested staff to advise him of what action is taken. Councilman Rockoff stated a couple of weeks ago a resident who uses Warner Amex Cable came before the Council con- cerning late charges he was billed. This issue was referred to the Budget Review and Finance Committee. He talked to the Manager of Warner Cable and received the following letter: August 15, 1983 Councilman Arthur L. Rockoff, Chairman Budget Review and Finance Committee City of Bakersfield 1501 Truxtun Avenue Bakersfield, California Dear Councilman Rockoff: In reference to our telephone conversation of earlier today, in which you indicated that one of our subscribers had made an appearance at Bakersfield, California, August 24, 1983 - Page l0 last Wednesday's City Council meeting to com- plain about our recent institution of a 50~ late charge when we bill two months in advance, the following information should help clear up the issue: We do bill bi-monthly in advance on our accounts with low monthly rates (generally, Basic service only), but there is no requirement that the subscriber pay both months at once. Most do, for the same reasons we bill bi-monthly; i.e., the bill, even for two months, is only $20-25.00, and it is simply more convenient to pay only six times a year. Some of our customers on fixed incomes, or who may object to paying that far in advance, continue to pay only one month at a time, which is fine, too. The 50~ late charge is applied only if an account shows 30-day or older money at cut-off; in the case of a customer who received a July/August bi-monthly bill which remained unpaid at July cut-off, 50~ would have been applied to the account because the July amount would have aged into the 30-day column at that point. If that same customer had paid either the entire bill, or just the July half by cut-off, no late charge would have been applied, as the account would show no 30- day or older money. You will recall that we discussed this matter in general terms in late June, as I wanted to alert you to upcoming changes, given your recent involvement in cable matters. In addition, I am enclosing a copy of the formal notification letter sent to the City on June 23rd; I have highlighted the portion dealing with the appli- cation of late charges to bi-monthly accounts. I hope this letter and the enclosed copy satisfy your need for information in this matter. If not, or if I can help in any other way, please do not hestitate to contact me. Sincerely, Christopher B. Forgy General Manager Upon a motion by Councilman Rockoff, letter from Warner Amex Cable, dated August 15, 1983, regarding late charges, was received and ordered placed on file. Councilman Barton stated he received an urgent request from the League of California Cities for elected officials to come to Sacramento and help lobby for the restoration or replacement of $600,000,000 in cuts the Legislature made in the vehicle industry, Bakersfield, California, August 24, 1983 - Page Cigarette Taxes and business inventory reimbursements. The League is asking the City's help and not only that of elected officials, but also department heads, Redevelopment Agencies, Chambers of Commerce, Boards of Realtors, Taxpayers' Associations, Employee Associations and others to lobby in Sacramento. The Council has just made a commitment to the people that if the City receives money back from Sacramento, it would be used toward reducing the Garbage Tax. It is imperative that the Council use every effort to lobby in Sacramento to restore that $600,000,000 back to cities. The Council is requested, if they can spare the time, to make arrangements to go to Sacramento and contact any other organization, that would be beneficial, to lobby Sacramento. REPORTS Upon a motion by Councilman Payne, Report from the Planning Commission regarding Proposed Ordinance Requiring Conditional Use Permits for Major Retail Developments was moved forward on the agenda to be discussed at this time. Councilman Payne read a report from the Planning Commission regarding Proposed Ordinance Requiring Conditional Use Permits for Major Retail Developments, as follows: At its regular meeting of June 22, 1983, the City Council referred to the Planning Commission a proposed ordinance which would require Con- ditional Use Permits for major retail projects. A public hearing was conducted on this matter by the Planning Commission on June 7, 1983, at which testimony was received for and against the proposal. At the conclusion of the hearing a Special Planning Commission Committee was assigned to study this matter further. Following several meetings with representatives of the development community and staff, the Committee recommended that the ordinance not be adopted, but instead, that an additional policy be added to Site Plan Review Policies, which would require an analysis of a project's impacts and a fair share assessment of their costs to be paid by the development. The Commission further deliberated this at length at its regular meeting of August 18, 1983, and con- cluded by adopting Resolution No. 54-83 rejecting the ordinance amendment and adopting Resolution No. 55-83, a policy which would require major Bakersfield, California, August 24, 1983 - Page 12 retail development to pay its proportionate share of the cost of upgrading or constructing public facilities needed because of the project. The policy defines "major retail" and "public facilities" to which it is applicable. It also provides for selection of consultants to do the study if needed; specifies how the funds shall be held, spent or refunded; and requires an annual review of the need for such improvements. This resolution recommends that an additional 90 days be allowed to complete the studies required by this policy and that it would not affect projects submitted for Building Permit plan checks by September 1, 1983. The Planning Commission conditioned its adoption of Resolution No. 55-83 on the City's retaining a consultant to work with the City Engineer in defining the parameters and methodology of studies and assessments required to implement the policy. This would clarify the ground rules of the policy for developers and con- sultants who will be considering major retail projects. It is recommended that: 1. This report be received and placed on fiIe. 2. Planning Commission Resolution No. 54-83 be received and placed on file. The City Council authorize the City Engineer to retain a consultant to assist in the development of parameters and methodologies to implement the recommended policy, and that $5,000 be transferred from Council Contingency Funds to the Public Works budget for this purpose. The City Council adopt the resolution approving and adopting the Site Plan Review Policy recommended by the Planning Commission. The ordinance adding Section 17.53.060 C.8 be introduced and that this be its first reading. Councilman Payne made a motion that the report from the Planning Commission regarding Proposed Ordinance Requiring Condi- tional Use Permits for Major Retail Developments, be accepted; Planning Commission Resolution No. 54-83, be received and ordered placed on file; City Engineer be authorized to retain a consultant to assist in the development of parameters and methodologies to implement the recommended policy, and Budget Transfer from the Council Contingency Fund to the Public Works Budget for this purpose Bakersfield, Cali£ornia, August 24, 1983 - Page 13 in the amount of $5,000, be approved; Council adopt the resolution approving and adopting the Site Plan Review Policy recommended by the Planning Commission; and first reading be considered given an ordinance adding Section 17.53.060 C.8 to the Bakersfield Munici- pal Code relative to extensions of time limits for review of Site Plans on Major Retail Projects. City Manager Kelmar stated he did not feel $5,000 would be an adequate amount and thought maybe the Council should authorize the City Engineer to go through a selection process to solicit proposals from the consultants and that ultimate approval would come to the Budget Review and Finance Committee for recommendation to the Council. Councilman Payne stated he had no objection to amending his motion. Planning Commissioner Camp stated he had no objection to this change. Councilman Payne amended his motion to authorize the City Engineer to go through a selection process to solicit proposals from the consultants and that ultimate approval go to the Budget Review and Finance Committee for recommendation to the Council. Councilman Barton stated the overall ordinance is good, but there is an area in the ordinance that the Budget Review and Finance Committee should look at dealing with the latitude of the Planning Commission in the appeal process, which also deals with the financing of projects. Perhaps, that subject should also be referred to the Budget Review and Finance Committee at this time. Councilman Payne stated he has no objection to referring anything to the Committee, as long as the five recommendations in the report are adopted, as written, with the exception of Item No. 3, the dollar amount. Planning Commissioner Camp stated he has no objection, that really is not something that involves the Planning Commission. He would prefer that the resolution be adopted in its entirety. He Bakersfield, California, August 24, 1983 - Page 14 stated the subcommittee worked a considerable amount of time and they feel the recommendations coming to the Council, in the form of a resolution, is an appropriate manner in which to handle this. Councilman Barton stated that, perhaps, his suggestion is a little out of order in regards to the ordinance itself. He suggested that the ordinance be adopted in its' entirety, but there is a question, in his mind, that a Planning Commission Committee and the Budget Review and Finance Committee look at the ordinance for the impact it may have down the road. There may be more of the process that can be worked out together on that particular portion of the ordinance, which has been discussed and deals with implied, maybe or implied impacts, it could have during the appeal process by the Planning Commission, which could impact on the budgetary process. Planning Commissioner Camp stated he has talked with several members of the Council who have expressed that concern regarding the possible budget ramifications. He stated he did not agree with that, but has talked with several members of the Planning Commission, and a subcommittee of the Planning Commission would be happy to meet with a committee of the Council to discuss this issue. Upon a motion by Councilman Payne, Report from the Planning Commission regarding Proposed Ordinance Requiring Conditional Use Permits for Major Retail Developments, was accepted; Planning Commission Resolution No. 54-83, was received and ordered placed on file; the City Engineer was authorized to go through a selection process to solicit proposals from consultants and that ultimate approval was referred to the Budget Review and Finance Committee for recommendation back to the Council; and first reading vas considered given an Ordinance adding Section 17.53.060 C.8 to th.~ Bakersfield Municipal Code. Bakersfield, California, August 24, 1983 - Page 15 First reading of an Ordinance of the Council of the City of Bakersfield adding Section 17.53.060 C.8. to the Bakersfield Municipal Code relative to extensions of time limits for review of Site Plans on Major Retail Projects. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Section 17.53.060 C.8. to the Bakersfield Municipal Code relative to extensions of time limits for review of Site Plans on Major Retail Projects. Adoption of Resolution No. 111-83 of the Council of the City of Bakers- field approving and adopting Site Plan Review Policy adopted by the Planning Commission requiring Major Retail Projects to pay share of costs of public facilities the need for which is wholly or partially attributable to such projects, and establishing procedure therefor. Upon of the Council a motion by Councilman Payne, Resolution No. 111-83 of the City of Bakersfield approving and adopting Major Retail Project to pay share of costs of public facilities the need for which is wholly or partially attributable to such projects, and establishing procedure therefor, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: None Upon a motion by Councilman Rockoff, the Budget Review and Finance Committee was directed to meet with a committee of the Planning Commission to discuss Paragraph H of Planning Commission Resolution No. 55-83. There being no objections, Mayor Shell requested that Report No. 25-83 from the Budget Review and Finance Committee regarding Resolution Request by Greater Bakersfield Memorial Hospital be moved forward on the agenda to be heard at this time. Site Plan Review Policy adopted by the Planning Commission requiring Bakersfield, California, August 24, 1983 -Page Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 25-83 regarding Inducement Resolution Request by Greater Bakersfield Memorial Hospital, as follows: Recently, the City Council received a request from the Greater Bakersfield Memorial Hospital for a resolution of inducement to allow the issuance of Revenue Bonds to finance the expansion and improvement program of the hospital. The Council referred the matter to the Budget Review and Finance Committee for study and recommendation. This Committee has met with members of the City staff and officials from Memorial Hospital. We noted Memorial Hospital is requesting the inducement resolution to issue $25,000,000 of Charter City Bonds. The hospital officials indicated their expansion program will achieve a substantial reduction of the existing deficiency of hospital beds within the Bakers- field area, consequently, serving an important public purpose. Further, the hospital officials indicated Charter City Bond financing will result in a cost curtailment to the patients. Additionally, we noted it will be necessary for the City to incur administrative expenses for such items as reviewing legal documents, etc. We also felt the residents of the City of Bakersfield should receive specific benefits if the City of Bakersfield approves the hospital's use of the Charter powers to finance its expansion program. After discussing these matters with the .hospital officials, we believe a flat fee payment in the amount of $100,000 to the City will off- set any costs the City will incur as well as provide a specific benefit to the residents of the City. The hospital officials have agreed to our request, therefore, this Committee recommends the City Council approve the resolution of inducement and consider this first reading of the ordinance. Councilman Rockoff stated, so there would be no mis- understanding, all costs, such as Bond Counsel or issuance expenses, would be the responsibility of the hospital and not the City of Bakersfield. Bakersfield, California, August 24, 1983 - Page 17 First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 3.60 to Title 3 of the Bakersfield Municipal Code providing for the City of Bakersfield Health Facilities Financing Law including General Provisions and Definitions, Powers and Procedures to Issue Revenue Bonds for the purpose of providing financing to participating health institutions for specified purposes, and certain other supplemental pro- visions. Upon a motion by Councilman Christensen, first reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 3.60 to Title 3 of the Bakersfield ~unicipal Code providing for the City of Bakersfield Health Facilities Financing Law including General Provisions and Definitions, Powers and Procedures to Issue Revenue Bonds for the purpose of providing financing to participating health institutions for speci- lied purposes, and certain other supplemental provisions. Adoption of Resolution No. 112-83 of the Council of the City of Bakers- field concerning the issuance of Revenue Bonds to finance the Expansion and Improvement Program of Greater Bakersfield Memorial Hospital. Upon a motion by Councilman Christensen, Resolution No. 112-83 of the Council of the City of Bakersfield concerning the issuance of Revenue Bonds to finance the Expansion and Improvement Program of Greater Bakersfield Memorial Hospital, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: None Mr. Larry Carr, President of Greater Bakersfield Memorial Hospital, stated, on behalf of the Board of Directors of the Hospital, he would like to thank the Council for adopting the resolution. The Board is very happy the Council is working to develop the financing. While it will not curtail costs, it will contain costs to the point where the hospital will not be raising Bakersfield, California, August 24, 1983 - Page 18 any rates, and not including any additional charge to patients to pay off the debt service or retire the bonds. Additional revenues generated by the larger patient flow will enable the hospital to accomplish this. He further stated the Council is doing a real service for the City and citizens by assisting the hospital with this financing. Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 12-83 regarding Personnel and Equipment Costs for Billing and Collection of Refuse Charges, as follows: When the City Council adopted the ordinance imposing charges for refuse collection, it recognized the need to provide funding for additional staffing and related operating expenses. The City Council referred this matter to the Budget Review and Finance Com- mittee for study, and at the August 10, 1983, Council Meeting, that Committee recommended and Council approved the funding of $53,200 for this purpose. The City Council referred the request for additional personnel to the Governmental Efficiency and Personnel Committee for further study. This Committee has met with the staff and we concur with the Budget Review and Finance Committee and, therefore, recommend the following: Public Works Department One new position of Clerk Typist II - salary range $1,056 to $1,284 per month. One temporary Clerk Typist I position (six months). 1983-84 total salaries $23,700 Equipment costs 95O Finance Department One new position of Accounting Clerk II salary range $1,183 to $1,438 per month. 1983-84 total salaries $19,300 Equipment costs 9,250 As noted in the August 10, 1983, Budget Review and Finance Committee report, it would cost the City $64,500 to provide these same services through a private vendor. Taking this into consideration, the Governmental Efficiency and Personnel Committee is recommending Council acceptance of this report and approval for funds in the amount of $53,200 to initiate the refuse collection charge. Bakersfield, California, August 24, 1983 - Page 19 Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 12-83 regarding Personnel and Equipment Costs for Billing and Collection of Refuse Charges, was accepted; one new position of Clerk Typist II and one temporary Clerk Typist I position for the Public Works Department and one new position of Accounting Clerk II for the Finance Department, were approved; and funds, in the amount of $53,200, to initiate the Refuse Collection Charge, was approved. Councilman Christensen voted in the negative on this motion. City Manager Kelmar presented a report regarding Approval of Parking In Lieu Fees, as follows: The Council is quite aware of the In Lieu Parking Fee in the downtown area. Part of the purpose of the fees collected is to pay for future parking that is constructed in the downtown area. The City has three contracts with property owners within 500 feet of the proposed parking garage on the 18th and Eye Parking Lot, which amounts to a little over $4,900 that has been collected. I would like the Council to transfer those funds to help pay for the construction of the parking garage. In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated it is money going to the Redevelopment Agency, but the Council can look at it from the standpoint that it is being used for the purpose of providing parking downtown, regard.- less of who is putting in that parking facility. This would be a contribution by the City toward a public parking facility. In answer to a question by Councilman Christensen, City Manager Kelmar stated these monies have already been collected. Whatever the Council does in the future, it would have no effect on the collection of these monies. There is an ordinance in place. Whatever the Council may do in the future would have no effect on the collection of these monies. The Business Development and Parking Committee is meeting on Thursday, August 25, 1983, and In Lieu Parking Fees is one item to be discussed. Bakersfield, California, August 24, 1983 - Page 20 Councilman Barton made a motion to grant authorization for the transfer of In Lieu Fees attributable to the public parking garage under construction at 18th and Eye Streets. In answer to a question by Councilman Christensen, City Attorney Oberholzer stated the In Lieu Fee is not a tax. It is an option available to new businesses that may be opening or change of business in the downtown area. It is not a tax, but an option. There are other options available that downtown businesses can use to meet the parking requirements. Councilman Ratty stated that due to a conflict of interest he would not participate in this matter. After a lengthy discussion, City Attorney Oberholzer noted, for the record, that he signaled Councilman Ratty that he should not participate in the vote regarding In Lieu Fees and that he did refrain from further participation and discussion on this issue. Upon a motion by Councilman Barton, authorization was granted to transfer In Lieu Fees attributable to the public parking garage under construction at 18th and Eye Streets. Councilman Ratty abstained from voting on this matter. Chief Price reported on the severe rain storm on Thursday, August 18, 1983. During the last budget session, the Council approved $439,000 of Revenue Sharing Funds for Capital Projects for Communications. In order to show how important that was, and the other $177,000 that the Police Department will be requesting next year, the first fifteen minutes of that rain storm the City was totally without radio communications with any units in the field, due to telephone line problems. The rain was so fast and hard it separated the radio units from the main transformer on the hill and it was fifteen minutes before City crews were able to get any of them up. It was almost eighteen hours before the Police Department was back in full operation. It was a situation that occurred because massive amount of water came so quickly and this has occurred Bakersfield, California, August 24, 1983 - Page 21 on several occasions. Many times the Council is criticized for spending money and he thought it might be of some benefit for the Council to know that when the City gets the first phase completed, the City will be on the microwave and beyond that circumstance. Councilman Ratty stated there has been some focus, by the news media recently, on the problem merchants are having with flooding along 30th and "F" Streets. The problem is quite severe and damaging. He stated he would like to tell the people that he has been watching this situation and thought the Homemaker Park and 21st Street storm drain completion would solve this problem. He also thought the City's storm drains were designed for 100-year storms. They are not, they are designed for 10-year storms. Perhaps, at some future date, Public Works Director Hawley would explain that to the Council and press. He requested staff investi- gate the possibility of making a drainage sump in the parking area behind the block bordering 30th, "F" and 24th Streets. There is a wide parking lot, basically, unused most of the time, and if the drainage sump could be put there and take the shock of the first flooding, so the pumps could catch up and give some breather for the system to handle the volume of water, it might relieve the merchants of this constant impact of this first flood stage. City Manager Kelmar stated staff would report back to the Council. City Manager Kelmar stated the City had an unexpected of that storm, for expense of approximately $10,000 as a result call out, materials and equipment. The (a) (b) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 207 to 716, inclusive, in the amount of $1,158,777.33. Claim for Damages and Personal Injuries from Sylvia Krouse, c/o George A. Boyle, Inc., Attorneys at Law, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Bakersfield, California, August 24, 1983 - Page 22 (d) (e) (f) (g) (h) (i) (J) (k) (i) Claim for Damages from The Flower Co., 315 Main Street, Taft, California. (Refer to City Attorney) Claim for Damages and Personal Injuries from Linwood Preston Keeton, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Margarito Cisneros, 318½ South King Street, Bakersfield. (Refer to City Attorney) Street Right-of-Way Dedication from The Housing Authority of the County of Kern providing an easement for public streets as required by the Planning Commission for Parcel Map No. 6948, located on the south side of Wilson Road and east of Wible Road. Public Utility Easement from Bakersfield Red Lion Motor Inn providing electrical service to City owned street lights located along Camino Del Rio Court. The easement is located approximately 750 feet south of Rosedale Highway between Camino Del Rio Court and Freeway 99. Flowage & Access Easement from B. L. Dickinson, Inc., and R. A. Wadsworth providing for drainage and access as required for Tract No. 4486, located on west side of Fairfax Road and north of Panorama Drive. Grant Deed from Tenneco Realty Develop- ment Corporation for a portion of the Carrier Canal as required by the Planning Commission for Parcel Map No. 7007, located at northeast corner of California Avenue and Marella Way; and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments in Parcel Map No. 7007. Map of Tract No. 4269 and Improvement Agreement with David and Tina Awrey for construction of improvements therein, located north of Panama Lane, east of Akers Road. Notice of Completion and Acceptance of Work on demolition of structures on Lake- view Avenue, Lots i through 6 of Tract No. 1283, Contract No. 83-112 with Archie Crippen. Notice of Completion and Acceptance of Work on Water System Improvements on 2nd Street between Donna Avenue and "U" Street, Contract No. 82-40 with California Water Service Company. Bakersfield, California, August 24, 1983 - Page 23 (d) , (e) , (m) (n) (o) (p) (q) (r) (s) Upon (f), Notice of Completion and Acceptance of Work on Water System Improvements on 10th Street east of "T" Street and "T" Street south of 10th Street, Contract No. 82-37 with California Water Service Company. Notices of Completion and Acceptance of Work on: Tract No. 4395, Unit "C", Contract No. 82-201 with U. S. Home Corporation, Rocky Mountain Land Division, located at Dunsmuir Road and Business Center Drive. Parcel Map No. 6488, Contract No. 82-112 with Quality Investments, Inc., located at Bernard Street east of Mr. Vernon Avenue. Tract No. 4482, Contract No. 83-22 with Tenneco Realty Development Corporation, located at Gosford Road and District Boulevard. Application for Encroachment Permit from Michael A. Perkins, 13513 Warrenton Avenue, Bakersfield, £or construction of a 4 foot high wrought iron fence along back of sidewalk on Warrenton Avenue and Kingwood Street at 13513 Warrenton Avenue. Application for Encroachment Permit from Larry D. Mesa, 1605 Wilson Road, Bakers- field, for construction of a 3 foot high chain link fence along back of sidewalk at 1605 Wilson Road. Plans and Specifications for construction of Metal Beam Guard Rail on Stockdale Highway on the east bound approach to the Kern River Bridge and on Monterey Street in the vicinity of Brown Street. Request from Golden Coast Development Company for an Extension of Time to complete improvements in Parcel Map No. 5551, Agreement No. 82-136, located on Mr. Vernon Avenue, southerly of Bernard Street. The Public Works Department recommends a six month extension from August 4, 1983, to February 4, 1984. The remaining improvements include extending the sewer to serve Parcel C. Supplemental Agreement to Master Agreement for Federal Aid Project M-3007(2) on Union Avenue from Columbus Street to Irene Street; and on Manor Street from Columbus Street to Denise Avenue. a motion by Councilman Means, Items (a), (b), (g), (h), (i), (j), (k), (1), (m), (n), (o), (c) , (P), Bakersfield, California, August 24, 1983 - Page 24 (q), (r) and (s) of the Consent Calendar, were adopted by the following roll call vote: Ayes Councilmen Means, Payne, Ratty, Rockoff, Barton Noes Absent: None Councilman Christensen ACTION ON BIDS Upon a motion by Councilman Ratty, 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 Thirteen Mobile Radios and Six Portable Radios for the Fire Department, not to exceed the budgeted amount of $43,000. Upon a motion by Councilman Rockoff, bid of Abate-A-Weed for Annual Contract for application of Chemicals, was rejected and the Finance Operations Manager was authorized to rebid the contract. Upon a motion by Councilman Ratty, low bid of Klassen Corporation, in the amount of $22,299, for Engineered ~etal Buildi~.g for Ashe Water Pumping Plant No. 12, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rockoff, low bid of Jerilco International, Inc., in the amount of $77,434.10, for construction of the Landfair Storm Drain Modifications, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2865 New Series of the Council of the City of Bakersfield amending Section 5.16.070 A.4. of the Bakersfield Municipal Code to allow 8 Players instead of 7 Players at a Table in Cardrooms. Upon a motion by Councilman Rockoff, Ordinance No. 2865 New Series of the Council of the City of Bakersfield amending Section 5.16.070 A.4. of the Bakersfield Municipal Code to allow 8 Players instead of 7 Players at a Table in Cardrooms, was adopted Bakersfield, California, August 24, 1983 - Page 25 by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: Councilman Christensen Adoption of Ordinance No. 2866 New Series of the Council of the City of Bakersfield repealing Section 5.50.220 and amending Section 5.50.230 B. of the Bakersfield Municipal Code relative to Chauffeured Limousine Service. Upon a motion by Councilman Ratty, Ordinance No. 2866 New Series of the Council of the City of Bakers£ield repealing Section 5.50.220 and amending Section 5.50.230 B. of the Bakers- field Municipal Code relative to Chauffeured Limousine Service, was adopted by the following roll call vote: Ayes Councilmen Means, Payne, Ratty, Rockoff, Barton Noes None Absent: Councilman Christensen Adoption of Ordinance No. 2867 New Series of the Council of the City of Bakersfield amending Chapter 12.36 of the Bakersfield Municipal Code relative to Curbs, Gutters, Sidewalks, Driveway Approaches, Connecting Pavement and Canal Fencing. Upon a motion by Councilman Payne, Ordinance No. 2867 New Series of the Council of the City of Bakersfield amending Chapter 12.36 of the Bakersfield Municipal Code relative to Curbs, Gutters, Sidewalks, Driveway Approaches, Connecting Pavement and Fencing, was adopted by the following roll call vote: Means, Payne, Ratty, Rockoff, Barton Canal Ayes: Noes: Absent: Councilmen None Councilman Christensen Adoption of Ordinance No. 2868 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 located on the north side of Panama Lane, 660 feet west of Wible Road. Bakersfield, California, August 24, 1983 - Page 26 The application for this amendment was made by Regional Mortgage Company and would change subject property from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a C-1 (Limited Commercial) Zone. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2868 New Series of the Council of the City of Bakersfield amending Title Seventeen o£ the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the north side of Panama Lane, 660 feet west of Wible Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: Councilman Christensen Adoption of Ordinance No. 2869 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 north and south sides o£ Beechwood Street, 130 feet west of Starwood Lane, and making findings in connection with a P.U.D. Zone. The application for this amendment was made by U. S. Home Corporation and would change subject properties from an R-2 (Limited Multiple Family Dwelling) Zone to a P.U.D. (Planned Unit Developmenlo) Zone, consisting of 50 low density detached garden units, 133 medium density townhouses, 118 high density condominiums, a recreation building and swimming pool. The Planning Commission recommended approval of this amendment, subject to 12 additions to the plan for Phase I, and 15 additions to the plan for Phase II, and made findings delineated in Section 17.52.070 of the Municipal Code. Bakersfield, California, August 24, 1983 - Page 27 Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2869 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Munici- pal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north and south sides of Beechwood Street, 130 feet west of Starwood Lane, and making findings in connection with a P.U.D. Zone, finding said zoning were adopted by the following consistent with the General Plan, roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: Councilman Christensen Adoption of Zoning Resolution No. 307 of the Council of the City of Bakersfield affirming the decision of the Board of Zoning Adjustment denying a Modification to eliminate the required seven off-street parking spaces on that certain property commonly known as 1525 - 19th Street. This resolution formally embodies and establishes the decision of the Council following the appeal hearing on this matter held August 10, 1983. Upon a motion by Councilman Payne, Zoning Resolution No. 307 of the Council of the City of Bakersfield affirming the decision of the Board of Zoning Adjustment denying a Modification to eliminate the required seven off-street parking spaces on that certain property commonly known as 1525 - 19th Street, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: Councilman Christensen 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 approximately 1/8 mile south of Fraser Road and 1/8 mile west of Old River Road. Bakersfield, California, August 24, 1983 - Page 28 The application for this amendment was made by Kamwil, Inc., and would change subject properties from an "A" Zone to an R-1 (One Family Dwelling) Zone. 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 those certain properties in the City of Bakersfield located approximately 1/8 mile south of Fraser Road and 1/8 mile west of Old River Road. Adoption of Resolution No. 113-83 of the Council of the City of Bakers- field declaring it has reviewed, evaluated and considered the infor- mation contained in the Final EIR for the 2,800-acre Groundwater Recharge Facility along the Kern River for the City of Bakersfield, making findings, and certifying that said Final EIR has been completed in compliance with the California Environ- mental Quality Act, the State EIR Guidelines and City Council Resolution No. 60-80. This resolution makes certain findings and certifies completion in compliance with CEQA requirements of the Final EIR on the 2,800-acre Groundwater Recharge Project. The Planning Commission held a public hearing on the draft EIR on April 21, 1983, and recommended certification of the Final EIR to the City Council on August 18, 1983. Upon a motion by Councilman Barton, Resolution No. 113-83 of the Council of the City of Bakersfield declaring it has reviewed, evaluated and considered the information contained in the Final EIR for the 2,800-acre Groundwater Recharge Facility along the Kern River for the City of Bakersfield, making findings, and certifying that said Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guide- lines and City Council Resolution No. 60-80, was adopted by the (Agricultural) Bakersfield, California, August 24, 1983 - Page 29 following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: Councilman Christensen Approval and Adoption of Negative Declaration for City of Bakersfield 1980 State Park Bond Act Funds Application for the Development of three neighborhood parks in South- west Bakersfield. This action is required by the State Department of Parks and Recreation to complete the application approved by the City Council (Resolution No. 100-82), on September California Environmental Quality Act (CEQA). has been advertised for written comment, both 1, 1982, and by the The proposed action locally and to responsible State agencies. No comments have been received during the review period. Upon a motion by Councilman Payne, Negative Declaration for the City of Bakersfield 1980 State Park Bond Act Funds Appli- cation for the development of three neighborhood parks in Southwest Bakersfield, was approved and adopted by the following roll call vote Ayes Noes Absent: Councilmen Means, Payne, Ratty, Rockoff, Barton None Councilman Christensen Approval of Lease Agreement between the City of Bakersfield and Bakers- field Association for Retarded Citizens (B.A.R.C.), for the property at 600 and 601 - 5th Street and the Jing House on 5th Street. This is a renewal of the above described lease agreement for the period August l, 1983, through July 31, 1984, at the rate of $1,100 per month. B.A.R.C. has requested the second year option on this two year agreement. Upon a motion by Councilman Payne, Lease Agreement between the City of Bakersfield and Bakersfield Association for Retarded Citizens (B.A.R.C.), for the property at 600 and 601 - 5th Street and the Jing House on 5th Street, was approved and the Mayor was authorized to execute same. Bakersfield, California, August 24, 1983 - Page 30 Approval of TRW Subscriber Service Agreement for credit reporting services. TRW Credit Reporting Services will directly benefit the Community Development Rehabilitation Loan Program by streamlining the loan processing operation. Cost of services will include a one time membership charge of $90.00 and a $15.00 minimum monthly charge. Each credit report will cost $2.65. Approximately 150 reports will be required each year for a total of approximately $400.00 per year. The credit reports will enable staff to evaluate. the debt ratio for loan applicants and reduce the number of denials at the bank due to poor credit. Upon a motion by Councilman Means, TRW Subscriber Service Agreement for credit reporting services, was approved and the Mayor was authorized to execute same. Approval of Agreement with the Housing Authority of the County of Kern to provide Community Development Block Grant Funds to install Fire System Improvements for Plaza Towers, Phase 2. As part of the construction of Phase 2 - Plaza Towers 82 unit elderly housing complex at 3015 Wilson Road, the Housing Authority is required to install two (2) additional fire hydrants to meet City Fire Standards. Total cost to complete these improve- ments is $27,500. Funds are available through the Community Development Block Grant Program. The request for funding was approved on June 8, 1983, as recommended by the Budget Review and Finance Committee in Report No. 16-83. Upon a motion by Councilman Barton, Agreement with the Housing Authority of the County of Kern to provide Community Development Block Grant Funds to install Fire System Improvements for Plaza Towers, Phase 2, was approved and the Mayor was authorized to execute same. Bakersfield, California, August 24, 1983 - Page 31 Approval of Modification to Agree- ment No. 79-83 between the City of Bakersfield, United Brotherhood of Carpenters and Joiners of America, Local Union 743 AFL-CIO, and the County of Kern providing an addi- tional $50,000 of Community Develop- ment Block Grant Funds to carry out services for the Repair Program as stipulated in the Agreement. This modification to Agreement No. 79-83 extends the contractural agreement with the Carpenters Local and the County of Kern up to and including September 30, 1984. Upon a motion by Councilman Barton, Modification to Agreement No. 79-83 between the City of Bakersfield, United Brother- hood of Carpenters and Joiners of America, Local Union 743 AFL-CIO, and the County of Kern providing an additional $50,000 of Community Development Block Grant Funds to carry Program as stipulated in the agreement, was authorized to execute same. out services for the Repair was approved and the Mayor Authorization granted to staff to submit the Community Development Block Grant Grantee Performance Report for 1982-83 to HUD for review. Pursuant to Section 104(d) of the Housing and Community Development Act of 1974, each jurisdiction receiving Community Development Block Grant Funds must report to HUD on the progress of activities funded for the past program year. Upon a motion by Councilman Barton, staff was authorized to submit Community Development Block Grant Grantee Performance Report for 1982-83 to HUD for review. Acceptance of Grant and Approval of Contract with the State Office of Historic Preservation regarding the Cultural Resource Survey, selection of Consultant and designation of Survey Area. The application for this grant was previously authorized by the City Council on January 19, 1983. The Historic Preservation Commission, after review of the grant requirements, is recommending a consultant and survey area boundary to Council for approval. Bakersfield, California, August 24, 1983 - Page 32 Upon a motion by Councilman Ratty, Grant money, was accepted; and Contract with the State Office of Historic Preser- vation regarding the Cultural Resource Survey, selection of Consultant and designation of Survey Area, were approved and the Mayor was authorized to execute the contract. Approval of Agreement between the City of Bakersfield and Panama Union School District for an After-School Program. This is a renewal of the yearly contract for the operation of an after-school program in the Panama Union School District. Upon a motion by Councilman Payne, Agreement between the City of Bakersfield and Panama Union School District for an After- School Program, was approved and the Mayor was authorized to execute same. First reading of an Ordinance of the Council of the City'of Bakers£ield adding Section 8.28.025 and amending Sections 8.28.030 A., 8.28.040, 8.28.090 A., 8.28.100 C., and 8.82.110 C. of the Bakersfield Municipal Code relative to Weeds and Debris. This ordinance adds Section 8.28.025 giving the Fire Chief discretion to determine that nuisances resulting from weeds and debris may be abated by removal of less than all such weeds and debris, border only, the chapter. Fire Chief. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Section 8.28.025 and amending Sections 8.28.030 A., 8.28.040, 8.28.090 A., 8.28.100 C., and 8.28.110 C. of the Bakersfield )~unicipal Code relative to Weeds and Debris. e.g., by removal of weeds and debris from perimeter or and makes conforming amendments to other sections in This ordinance is submitted at the request of the 312 Bakersfield, California, August 24, 1983 - Page 33 Adoption of Emergency Ordinance No. 2870 New Series levying upon the full taxable value of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo Annexation, a percentage rate of taxation upon each dollar of valuation for the Fiscal Year beginning July 1, 1983, and ending June 30, 1984. This ordinance represents the Property Tax levies for the 1983-84 Fiscal Year for the outstanding general obligation bond issues of the City of Bakersfield (1966 ~unicipal Improvement Bonds, Series A and Series B). Upon a motion by Councilman Rockoff, Emergency Ordinance No. 2870 New Series levying upon the full taxable value of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo Annexation, a percentage rate of taxation upon each dollar of valuation for the Fiscal Year beginning July l, 1983, and ending June 30, 1984, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Means, Payne, Ratty, None Councilman Christensen ADJOURNMENT There being no Council, upon a motion by Councilman Means, adjourned at 11:05 P.M. Rockoff, Barton further business to come before the the meeting was MAYOR of thyity of Bakersfield, Calif. ATTEST: CI Ex/Officio Clerk of the Council of the City of B~/kersfield, California cw/ma Bakersfield, California, September 7, 1983 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., September 7, 1983. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Ron Chapman of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Payne, Ratty, Barton, Christensen, Means Absent: Councilman Rockoff Minutes of the joint public hearing of August 17, 1983, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mrs. Martha Walters, 3301 Dwight Street, asked questions regarding the Redevelopment Agency and requested that those questions and answers be made a part of the minutes of tonight's meeting: Can the information concerning the total indebtedness of the Redevelopment Agency be given, breaking it into the amounts spent on landbanking, consultants, archi- tects, administrative costs, attorneys, etc. If that cannot be furnished tonight, then, at least, the total indebtedness of landbanking within the district to date. 2. Revenues currently being received and also revenues received in the past. City Manager Kelmar stated there is an annual financial report prepared for the Redevelopment Agency, which is audited by an outside Certified Public Accounting firm, that is available to the public and would answer many of Mrs. Walters' questions in terms of expenditures for different items. As far as the Land- banking Program is concerned, the Redevelopment Agency has acquired the following three properties: 1212-1216 19th Street, comprised of 3 small stores. The purchase price was $105,000 and the Agency is receiving rent from tenants at $175.00 per month, for Bakers£ield, California, September 7, 1983 - Page 2 each store. The Agency authorized a notice to be sent to the tenants giving 6 months to vacate. That particular building will be demolished. American National Bank property on 19th Street, acquired by the Redevelopment Agency. Escrow closed on December 31, 1982, and the purchase price was $975,000. The down payment was $275,000 cash, and the bank took a 5 year note on the re- maining balance of interest only at 12%. Presently the basement is being leased to American National Bank for $1,500 per month. The leasing agency informed him that by the end of this week the Redevelop- ment Agency should have a lease on the entire ground floor, which will generate over $7,000 per month for the Agency. 3. Property at 2022 "L" Street was purchased for $180,000 and it is vacant. City Manager Kelmar invited Mrs. Walters to come into the Finance Department and they will furnish her with a copy of the annual financial report. Mrs. Walters, in regards to tax increments, asked what the total amounts being received are. If they are being invested and rate of return on investments. City ~anager Kelmar stated last year the Redevelopment Agency received approximately $840,000 in tax increments. That money is utilized to pay for operational expenses, along with land- banking and other projects. While the money is not being utilized it is invested with the rest of the City's money in the money market and other types of investments the Agency is allowed to invest in. Mrs. Walters asked how tax increments are received. She understands that the base was established in 1978, for a tax base on total property values in the Redevelopment District. The base was frozen at that level for the amounts the City of Bakersfield would receive, and as properties are sold or improvements made it is reassessed and taxes increased. The value of the property increases by reassessment and then the taxes increase. The amount over and above the base, established in 1978, goes to the tax ;';i5 Bakersfield, California, September 7, 1983 - Page 3 increment for the Redevelopment Agency. They apply for this annually to the Kern County Auditor-Controller, where the City of Bakersfield's tax monies are also issued. She understands the Redevelopment Agency must show that they are in debt in order to receive a tax increment. Even $1.00 will suffice to show that they are in debt, so they can receive their tax increment. Mrs. Walters asked if the total tax increments received are a matter of record here tonight, that is, the total sum received from tax increments. She also understands, from a question to the City Attorney at an earlier Council Meeting, that Redevelopment Agency tax increments cannot be used to retire City debts. Could they be used by appli- cation of merchants and property owners for themselves, in an agreed upon plan to make improvements on their businesses and properties in the downtown area within the Redevelopment District? Does that mean that other tax revenues that would have been issued to the City of Bakersfield, if there was no Redevelopment Agency, they (schools, water agency, etc.), could also apply for this type of funds? What she is asking, if it were approved, could the businesses and property owners in the Redevelopment District, who would like to make improvements to their property and have been paying since 1978 and prior to that into the Redevelopment Agency Tax Increment Fund by elevated taxation, have that returned to make improvements to their properties? City Manager Kelmar stated, in order to clarify a few points stated by Mrs Walters, the Redevelopment Agency initially adopted a project area in the early 1970's, a certain area, and the assessed value was frozen at that time. Since that time there have been two additional amendments expanding the project area. In response to Mrs. Walters' comment regarding 1978, that is not correct. It began early in the 1970's. If the Redevelopment Agency had a Commercial Rehabilitation Program it is conceivable that those monies could be made available. The City, through the Community Development Program, has a Commercial Rehabilitation Bakersfield, California, September 7, 1983 - Page 4 Program and funds are available for rehabilitating business in the downtown area and other places. As far as others applying for it, the Redevelopment Agency cannot expend money for rehabilitating outside the boundaries Mrs. Walters to date are available. received. however, of the project area. asked if the total tax increments accrued City Manager Kelmar stated $840,000 is presently being When it started it may have been $20,000 the first year:. it has grown through the years. It has not been $840,000 since the beginning of the Redevelopment Agency. Mayor Shell stated she could answer a questions questions lot of Mrs. Walter's and invited her to come into her office. Mrs. Walters stated she wanted to make sure these and answers are made public, because a lot of people do not have the information. City Manager Kelmar stated all these transactions have been conducted in public. All the landbanking actions have been done in public meetings and are in the minutes of the Redevelop- ment Agency. Any transaction the Redevelopment Agency has been involved in, since it was established, is in the minutes. Mrs. Walters asked if the bonds, such as those issued to Memorial Hospital and earlier to the Old Church Plaza, are issued by the City or Redevelopment Agency. City, what revenue guarantees do they Agency underwriting them? City Manager Kelmar If they are issued by the have? Is the Redevelopment stated those bonds are not issues or obligations of the City of Bakersfield. They are obligations of the hospital and organization that rehabilitated the Old Church Plaza. The City is under no obligation. The City acts as a vehicle to allow tax exempt financing to occur. The security of those issues are the properties, such as the hospital and Old Church Plaza. There is no liability to the City of Bakersfield, Redevelop- ment Agency or taxpayers of the City of Bakersfield. Bakersfield, California, September 7, 1983 - Page 5 Mrs. Walters asked i£ the amendment to the agreement with the Downtown Business Association for use of the Downtown Improvement District Funds to pay the debt of $20,000 for the Sill Lot purchase, Item (f) under the Consent Calendar, is Redevelop- ment funds or another type of fund. City Manager Kelmar stated the Downtown Improvement District was formed at the request of businesses within a certain boundary in the downtown area. and the City simply collects it operations. They have taxed themselves annually and gives it back for their Mr. Christopher B. Forgy, General Manager of Warner Cable Company, 201 Union Avenue, referring to a letter he sent to the Council dated September 6, 1983, requested that the ~anagers of both local cable television companies be invited to a Budget Review and Finance Committee Meeting to discuss the issue of Federal Legislation on cable television, before the Council takes any further public position or action. Upon a motion by Councilman Ratty, the matter of Federal Legislation on cable television was referred to the Budget Review and Finance Committee and the Manager of both local cable tele- vision companies are to be invited to that Committee's meeting to discuss this matter. Mr. William Lott, 3001 Berger Street, stated he would like to make the Council aware of some problems caused by oiling of the streets. The City has been oiling his area for the past week to l0 days. He realizes this is an essential operation to preserve streets, however, his swamp cooler picked up the fumes and something black from the oil has gotten on his ceilings. He felt something should be done. Just prior to spraying the street someone requested that cars be moved off the street. There were two cars parked in front of his house and he was out of town and his wife is disabled. It left a large section of the street un- treated. Mr. Lott suggested that the City notify the residents Bakersfield, California, September 7, 1983 - Page 6 the day before the street is treated and give people a chance to move their vehicles. Eveh though they went around his cars there is an oily film on them. Mr. Lott also asked questions regarding the City ordinance prohibiting parking on streets longer than 72 hours. He does not have a garage for his vehicles and has to park at least one on the street. The Police Department marks the car tires and street with chalk and he has been advised that it is illegal to remove these marks. He moves the car every day or so, but it is to a point where it cannot be moved anymore due to all the chalk lines. He was issued a ticket informing him if it continues the car will be towed away and impounded. He felt the 3 day limit should be changed to at least one week. Director of Public Works Hawley stated each year the Street Division oils several miles of roadway. In the last year £our complaints have been received, all having to do with vehicles traveling through an area that had been oiled. On two occasions all that was required was that the vehicles be washed and the City made arrangements for that. In the last 20 years he did not recall a single instance where someone complained that this operation caused damages to buildings and he did not see how that could occur. Mr. Hawley requested that Mr. Lott leave a phone number so he could be reached. Police Chief Price stated the City's Abandoned Vehicle Ordinance complys with State Law, which authorizes local authorities to establish a 72 hour towaway for vehicles that are left unattended on the street. It use to be 120 hours, but the State cut it back to 72 hours. If Mr. Lott erases the marks in an attempt to evade the law that is illegal. tie may erase the excess marks. City streets were not designed for vehicle storage. If vehicles are not in regular use they should be parked somewhere other than the streets and that it what the law was designed for. It is generally enforced due to a complaint from a neighbor. Just moving a vehicle is not really fulfilling the spirit of the law. Bakersfield, California, September 7, 1983 - Page 7 CORRESPONDENCE Upon a motion by Councilman Means, communication from Golden Empire Transit District, dated August 29, 1983, informing the Council that the Board of Directors of Golden Empire Transit District voted in favor of constructing a Downtown Transitway and requested a meeting to discuss the project, was received and referred to the Voucher Approval Committee. Upon a motion by Councilman Ratty, communication from the City of Culver City, dated August 29, 1983, regarding Cigarette Tax, Charter City Revenue vs State Subvention, was received and referred to the Budget Review and Finance Committee. Councilman Barton suggested that the Budget Review and Finance Committee investigate other possible subventions, along with the Cigarette Tax. Upon a motion by Councilman Payne, communication from Ralph R. Chute, 4609 Parkwood Court, dated August 31, 1983, sub- mitting a log of cable television broadcasting for the month of August, 1983, was received and referred to staff. Upon a motion by Councilman Christensen, communication from Jerry Dodd, Vice-President of Meerza & Associates, dated September 1, 1983, expressing his support of the Council, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Barton stated this past weekend another serious accident occurred at the intersection of White Lane and Fambrough Drive. This intersection has had several very serious accidents and he requested that the Traffic Authority investigate the matter and report back to the Council. Councilman Barton read a memorandum from Director of Water Resources Dow, dated August 19, 1983, regarding Legal Needs of Water Resources Department, as follows: The Water Board met on July 27, 1983, and dis- cussed the matter of increasing consulting costs Bakersfield, California, September 7, 1983 - Page 8 within the Water Resources Department. The Board discussed the many legal matters and pending litigation facing the Water Resources Department. It was felt the time may be appropriate for the City to hire an additional attorney in the Attorney's Office to handle the day to day matters o£ the Water Resources Department and work with the consulting attorney on matters of pending litigation. The Water Board passed a motion to request the City Council to refer this matter to the Governmental Efficiency and Personnel Committee for study and recommendation. Upon a motion by Councilman Barton, the matter of hiring an additional attorney to handle matters of the Water Resources Department and work with the consulting attorney on matters of pending litigation, was referred to the Governmental Efficiency and Personnel Committee for study and recommendation. Councilman Means stated that at a recent Council Meeting the Council met in Closed Session regarding an issue that has been discussed by the Water Board for some time. In an attempt to get as much information as possible, he requested a copy of a state- ment that was read by the City's Water Attorney. Since it is part of a Closed Session, and in order to obtain a copy, he will have to have a resolution passed by the Council. City Attorney Oberholzer stated the Brown Act contains special provisions with respect to Closed Sessions. There is a specific provision that states, if a record is to be kept, then by ordinance or resolution, the Council could require the City Clerk to keep a minute book of those proceedings. That minute book would only be available to the members of the Legislative body for their review. There are provisions in the Brown Act that allow the Council to lessen those requirements to make information more easily accessible to the public generally. If a Councilman wants something from a Closed Session it would be appropriate for the staff to provide it without an action of the body involved in the Closed Session. In answer to a question by Councilman Ratty, Councilman Means stated he wants the document for his own information. His Bakersfield, California, September 7, 1983 - Page 9 main concern is that that particular issue, that has been discusse,~ for quite some time, is complex. He felt that all the Councilmen should get it and he does not want the information to get out. He would like a background paper from the staff on the general nature of that particular problem. Councilman Ratty asked if a summary of the matter would suffice. Councilman Means stated that a summary with the history and basic essence of it would be fine. City Attorney Oberholzer stated most of the time when the Council goes into Closed Session it involves litigation and that creates some concern with the attorneys when documents are printed that can be read or viewed by the public. If the Council desires to do something on this particular issue, with respect to providing a summary or background for the Council, it is recommended that it not be something that is printed or allowed to be taken out by a Councilman. It should be treated similar to minutes. One confidential copy should be made and kept in the Clerk's Office where the Council can read it. That would preclude the chance, not intentionally, of someone taking it out of the premises and it getting into the hands of someone and would cause concern for the attorneys. Councilman Barton expressed his concern about the opposing attorneys finding out the things the Council knows and felt the attorney-client relationship should be protected. Councilman Ratty suggested that the matter be discussed with the Council and not put in writing. Councilman ~eans stated he also is concerned that a printed document not get out to the public, however, the Water Board has been involved with this issue for some time and has received written information on various aspects of the issue. That puts the Water Board in an exclusive relationship on that issue. Bakersfield, California, September 7, 1983 - Page 10 He does not want to make an issue of this, but on the other hand, it is not sufficient. He wants the information made available to him. This item is serious enough and he wants all the information he can obtain in order to make a decision about what direction he feels the Council should take. He did not feel the Water Board should have more information than the rest of the Council. He wants a summary describing the history and specifics of the problem as it exists today. against individual will dictate whether or not which he knows is confidential and not the City. Councilman Christensen asked what the safeguards are a person with a photographic memory. City Attorney Oberholzer stated the integrity of the he releases information in the best interests of Councilman Means made a motion that a summary describing the history of the problem, as well as details of the present situation and ramifications, similar to the one the Water Attorney presented at the last meeting, be written by the Water Attorney, City Attorney or City Water staff and given to him. Councilman Payne stated he has the same concerns ex- pressed by other Councilmen, because this is a tremendously important issue. He is not challenging anyone's integrity, but accidents happen and mistakes are made. It could be very detri- mental to have this information get out of the Council's hands. Councilman Payne suggested that the ordinance be amended and the Water Board's membership expanded so other Councilmen could attend the meetings on a regular basis to avoid documenting this infor- mation. City Attorney Oberholzer stated the entire Council can act as the Water Board, if they so desire. If that is done Water matters could be handled at the Council ~eetings and the Water Board dissolved. Bakersfield, California, September 7, 1983 - Page ll Councilman Means amended his motion that summary describing the history of the problem, as well as details of the present situa- tion and ramifications, similar to the one the Water Attorney presented at the last meeting, be written by the Water Attorney, City Attorney or City Water staff and kept in the City Clerk's Office for the Council to read and make notes, not for making copies. This motion was unanimously approved. Mayor Shell stated Ms. Jo Perez from the Business Development Corporation, is putting together a recognition of minority business in this area the first week in October, 1983, and has requested that the Council act on a Memorandum of Under- standing between the City and minority businesses. Mayor Shell requested that this matter be referred to the Business Development and Parking Committee for study and recommendation. Upon a motion by Councilman Barton, the matter of a Memorandum of Understanding from Ms. Jo Perez regarding recog- nition of minority business for the first week of October, 1983, was referred to the Business Development and Parking Committee for study and recommendation. REPORTS Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 17-83 regarding Request of Sun Aire to Use City Seal on Aircraft, as follows: Recently, the Mayor and City Council received correspondence from Sun Aire requesting per- mission to use the seal of the City of Bakers- field on the side of their aircraft #N752S. The City Council referred the matter to the Business Development and Parking Committee for study and recommendation. This Committee has met with members of the City staff to review the request of Sun Aire. We are pleased with the request and believe approval will reflect positively on the City of Bakers- field. Therefore, this Committee recommends the City Council approve the use of the City Seal on Sun Aire's aircraft. ?.24 Bakersfield, California, September 7, 1983 - Page 12 Councilman Barton made a motion that Business Development and Parking Committee Report No. 17-83 regarding Request of Sun Aire to Use City Seal on Aircraft, be accepted; and use of City Seal on Sun Aire's aircraft, be approved. Councilman Christensen offered a substitute motion that Business Development and Parking Committee Report No. 17-83 regarding Request of Sun Aire to Use City Seal on Aircraft, be accepted; and use of City Seal on Sun Aire's aircraft and any commercial carrier who requests it, be approved. This motion was approved by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means Noes: Councilmen Payne, Ratty Absent: Councilman Rockoff Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 18-83 regarding Art Gallery and Community House Parking, as follows: At the Council Meeting of August 24, 1983, the City Council received correspondence from the Bakersfield Art Association, Inc. The correspondence requested assistance from the City Council in resolving the parking problem which exists for both workers and visitors of the Cunningham Memorial Art Gallery and the Community House. The matter was referred to the Business Development and Parking Committee for study and recommendation. This Committee has met with members of the City staff to review the matter. We were pleased to note the Police Department has been studying the parking problem and presented us with what we consider to be viable recommendations and solutions. The recommendations, in which we concur and recommend Council approval, are: Four spaces in the Community House parking lot be reserved for use by the Art Gallery. All remaining spaces in the Community House parking lot be reserved for use by the Community House within certain hour limitations. Those hour limitations to be 9:00 A.M. to 4:00 P.M., Monday through Saturday. Also, the hours must be posted. Bakersfield, California, September 7, 1983 - Page Upon a motion by Councilman Barton, Business Develop- merit and Parking Committee Report No. 18-83 regarding Art Gallery and Community House Parking, was accepted; four spaces in the Community House Parking Lot are to be reserved for use by the Art Gallery and all remaining spaces are to be reserved for use by the Community House within certain hour limitations; and the hour limitations are to be 9:00 A.M. to 4:00 P.M., Monday through Saturday, and the hours are to be posted. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 19-83 regarding Request of Downtown Business Association Regarding Parking, as follows Recently, the City Council received correspond- ence from the Downtown Business Association (DBA) requesting certain changes be made down- town to help alleviate parking problems during the construction of the parking facility at 18th and Eye Streets. The matter was referred to the Business Development and Parking Com- mittee for study and recommendation. Correspondence from the DBA contained two suggestions they felt would alleviate the parking problems. First, they suggested the City-owned parking lot between 22nd and 23rd, Eye and "H" Streets be converted to free parking from the existing metered parking. Second, they requested the 90-minute parking limitation in the vicinity of Eye Street, between 18th Street and the alley, be converted to 12-minute limitation. This Committee reviewed the two suggestions with City staf£. In the opinion of the Chief of Police, a 12-minute limitation on parking would not be enforceable. We concur with the Police Chief and as such believe that suggestion not to be viable. While reviewing the suggestion of free parking, we noted the parking lot being discussed has a very low usage. Considering the fact, and in light of the fact the free parking would be temporary until such time as the parking facility under construction is completed, we believe this suggestion to be acceptable. Therefore, we recommend the City Counci~ approve the DBA's recommendation of free parking and reject the suggestion of the 12-minute ~imitation Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 19-83 regarding Request of Down- town Business Association Regarding Parking, was accepted; the Bakersfield, California, September 7, 1983 - Page 14 Downtown Business Association's recommendation of free parking, was approved; and the suggestion of the 12-minute limitation, was rejected. Councilman Christensen, member of the Intergovernmental Relations Committee, read Report No. 2-83 regarding Request of Crime Commission for Permanent Status, as follows: The City of Bakersfield and the County of Kern received a request from the Kern County Crime Commission to be made a permanent Commission, with expanded duties and staff support. The City Council and the Kern County Board of Supervisors referred the request to the Inter- governmental Relations Committee. The combined Intergovernmental Relations Com- mittees of the City and County, along with City and County staff, have met to review and consider the Crime Commission's request. We recognize and appreciate the considerable time and effort as well as solutions recommended by the Commission. Additionally, the County and City of Bakersfield have taken steps to implement several of the recommendations made in the final report of the Crime Commission. While we recognize the contributions made by the Crime Commission, after careful consideration we believe the Crime Commission, having permanent status, would duplicate purposes and functions of several other advisory groups, including the Kern County Delinquency Prevention Commission, the Kern County Criminal Justice Planning Committee, and the Kern County Grand Jury. Therefore, we recommend (in concurrence with the Committee of the Board of Supervisors) the City Council reject the request of the Crime Commission for permanent status. Upon a motion by Councilman Christensen, Intergovern- mental Relations Committee Report No. 2-83 regarding Request of Crime Commission for Permanent Status, was accepted; and the request of the Crime Commission for permanent status, in concurrence with the Committee of the Board of Supervisors, was rejected. Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 13-83 regarding Proposed Street Sweeping Program, as follows: During the recent budget sessions, the City Council discussed the City's Street Sweeping Program and referred this matter to the 327 Bakersfield, California, September 7, 1983 - Page 15 Governmental Efficiency and Personnel Committee for evaluation. This Committee has met with the staff and discussed the present Street Sweeping Program and proposed changes in the program, with which we agree. Presently, the City is divided into six separate daytime residential routes and one nighttime route for the downtown and the major outlying commercial areas. There are problems which result in the City not being able to sweep on a regular schedule and create inefficiencies to the present Street Sweeping Program. One problem is the large volume of automobiles, trucks, recreation vehicles, and inoperable vehicles that are parking along the streets. Equipment mechanical failures and the lack of sufficient backup sweepers also create scheduling problems. As a result, it has been impossible to notify the public that their streets will be swept on a routine scheduled basis. In an attempt to create a more efficient operation and alleviate some of these problems, the staff has proposed, and this Committee is recommending, the following actions for Council approval: Divide the City into three areas as opposed to the present six areas and initiate a "Gang Sweeping Program." This means that all sweepers will be assigned to one area on any given day, which will permit more efficiency in supervision and a shorter travel distance for the self-loading dump trucks. Request the cooperation of the news media to publish weekly notices advising the public of the street sweeping schedule and requesting removal of all vehicles from the affected streets. Request the Police Department to strictly enforce the 72-hour abandoned vehicle law. A partial list of nearly 500 vehicles, which were in violation of this law, was recently submitted to the Police Department. Instruct the City Attorney to draw up an ordinance that would prevent placing of grass or brush clippings into the streets by the use of backpack blowers, rakes, brooms or any other tool. Request the assistance of the Mayor and her Beautification Committee for a con- certed effort of support for this program. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 13-83 regarding Proposed Street Bakersfield, California, September 7, 1983 - Page 16 Sweeping Program, was accepted; and recommendations as outlined in the report, were approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 717 to 958, inclusive, in the amount of $353,936.79. (b) Claim for Damages and Personal Injuries from Rick Jones, 922 Delfino Lane, Bakers- field. (Refer to City Attorney) (c) Claim for Damages from Laura Ellen Levingston, 219½ Flower Street, Bakers- field. (Refer to City Attorney) (d) Claim for Damages from Charles E. Dickerson, 1422 Wilkins Street, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from John Disalvo, Route 5, Box 237, Bakersfield. (Refer to City Attorney) (f) Map of Tract No. 4607 and Improvement Agreement with Covington Technologies for construction of improvements therein, located on east side of South "H" Street, south of Pacheco Road. (g) Improvement Agreeement for Parcel Map No. 6790 with Tenneco Realty Development Corporation, Offer of Street Dedication, Road and Public Utilities Easements. These documents provide for construction of improvements, widening of Truxtun Avenue, access to adjacent property, and public utilities, all as required by the Planning Commission for Parcel Map No. 6790, consisting of 7 parcels on 47 acres of land, located south of Truxtun Avenue, east of Mohawk Street. The offer of dedication will not be accepted until development of the adjacent property. The offer of dedication will expire July 6, 1983, unless it is accepted prior to that date. (h) Notices of Completion and Acceptance of Work on: Construction of Storm Drains on "M" Street from 23rd Street to 21st Street and East Truxtun Avenue from Beale Avenue to Gage Street, Contract No. 83-89 with Credence Corporation. Tract No. 4482, Contract No. 83-22 with Tenneco Realty Development Corporation, located southerly of White Lane and westerly of Gosford Road. (CONTINUED ON NEXT PAGE) Bakersfield, California, September 7, 1983 - Page 17 (h) CONTINUED (i) (J) (k) (i) (m) (n) (o) (p) Tract No. 4352, Unit "A", Contract No. 81-165 with Parkhill Development Associates, located at Columbus Avenue and Pasadena Street. Tract No. 4268, Contract No. 83-21 with Elmer F. Karpe, Inc., located at Panama Lane and Akers Road. Parcel Map No. 6721, Contract No. 82-194 with Tenneco Realty Development Corporation, located at Stockdale Highway and Gosford Road. Parcel Map No. 6547, Contract No. 83-49 with Tenneco Realty Development Corporation, located at Ming Avenue and Old River Road. Parcel Map No. 5698, Contract No. 80-10 with Hisato Kinoshita, located at Panama Lane and Akers Road. Application for Encroachment Permit from Reece Duane Cossey, 4116 Thatch Avenue, Bakersfield, for construction of a 6 foot high wooden fence at back of sidewalk on Akers Road at 4116 Thatch Avenue, Application for Encroachment Permit from George Guynes, c/o Occidental Exploration, 5000 Stockdale Highway, Bakersfield, for construction of a 6 foot high wooden fence behind sidewalk on School House Road at 1700 Placer Court. Application for Encroachment Permit from Chip Herndon, 2300 Carlita, Bakersfield, for construction of a 34 inch high retaining wall on Dolfield Avenue behind sidewalk area at 2300 Carlita. Plans and Specifications for Bernard Street Storm Drain. Plans and Specifications for resurfacing portions of Niles Street from Baker Street to Virginia Street, and Baker Street from Sumner Street to Bernard Street. Plans and Specifications for Culvert Widening at Wible Road and Branch 1 of the Kern Island Canal. Plans and Specifications for Traffic Signals at Bernard and Oswell Streets. Request from Industrial Ventures for an Extension of Time to complete improvements in Parcel Map No. 6023, Agreement No. 81-96, located on south side of Planz Road east of Union Avenue. The Public Works Department recommends a twelve month extension from July 1, 1983 to July 1, 1984. Bakersfield, California, September 7, 1983 - Page 18 (q) Agreement between the City of Bakersfield and Susan Anderson for instruction in Calligraphy for a period of eight weeks at Holloway-Gonzales Library. (r) Amendment to Agreement for administration of School Crossing Guard Program with John Gordon (DBA J & J Special Services). (s) Amendment to Agreement with Downtown Business Association for use of Downtown Improvement District Funds to pay the debt of $20,000 for the Sill Lot purchase. This amendment was authorized by the City Council upon approval of Business Develop- ment and Parking Committee Report No. 15-83 on August 3, 1983. Upon a motion by Councilman Means, Items (a), (b), (c), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (d), (e), (q), (r) following roll Ayes Noes Absent: and (s) of the Consent Calendar, were adopted by the call vote: Councilmen Payne, Ratty, None Councilman Rockoff ACTION ON BIDS Upon a motion by Councilman Ratty, Barton, Christensen, Means low bid of Baker's Welding, in the amount of $1,826.76, for Annual Contract for Welding Supplies, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, bid of Kern Turf Supply, in the amount of $17,887.77, for Annual Contract for PVC Pipe and Sprinklers, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of Granite Construction, in the amount of $183,074.75, for resurfacing Oak Street between Oak Street Overcrossing and 24th Street, and 19th Street between Oak and "F" Streets, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of Long Beach Iron Works, in the amount of $4,191.24, for Bury Extensions, was accepted and all other bids rejected. 33 1 Bakersfield, California, September 7, 1983 - Page 19 Upon a motion by Councilman Christensen, low bid of Granite Construction Company, in the amount of $146,248, for resurfacing "Q" Street between 34th and West Columbus Streets, and Espee Street between 30th Street and Union Avenue, was accepted, rejected and the Mayor was authorized to execute the all other bids contract. Upon a motion by Councilman Payne, low bid of James G. Francis, Contractor, in the amount of $113,520, for resurfacing portions of Wilson Road, White Lane and Ming Avenue Medians, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, all bids for Annual Contract for Water Treatment Chemicals, were rejected and the Finance Operations Manager was authorized to rebid the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2871 New Series of the Council of the City of Bakersfield adding Chapter 3.60 to Title 3 of the Bakersfield Municipal Code providing for the City of Bakers- field Health Facilities Financing Law including general provisions and definitions, powers and procedures to issue Revenue Bonds for the purpose of providing financing to participating health institutions for specified purposes, and certain other supple- mental provisions. Upon a motion by Councilman Christensen, Ordinance No. 2871 New Series of the Council of the City of Bakersfield adding Chapter 3.60 to Title 3 of the Bakersfield Municipal Code providing for the City of Bakersfield Health Facilities Financing Law in- cluding general provisions and definitions, powers and procedures to issue Revenue Bonds for the purpose of providing financing to participating health institutions for specified purposes, and certain other supplemental provisions, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Barton, Christensen, Means Noes: None Absent: Councilman Rockoff Bakersfield, California, September 7, 1983 - Page 20 Adoption of Ordinance No. 2872 New Series of the Council of the City of Bakersfield adding Section 8.28.025 and amending Sections 8.28.030 A., 8.28.040, 8.28.090 A., 8.28.100 C., and 8.28.110 C. of the Bakersfield Municipal Code relative to Weeds and Debris. Upon a motion by Councilman Christensen, Ordinance No. 2872 New Series of the Council of the City of Bakersfield adding Section 8.28.025 and amending Sections 8.28.030 A., 8.28.040, 8.28.090 A., 8.28.100 C., and 8.28.110 C. of the Bakersfield Municipal Code relative to Weeds and Debris, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Barton, Christensen, Means Noes: None Absent: Councilman Rockoff Adoption of Ordinance No. 2873 New Series of the Council of the City of Bakersfield adding Section 17.53.060 C.8. to the Bakersfield Municipal Code relative to Extensions of Time Limits for Review of Site Plans on Major Retail Projects. Upon a motion by Councilman Barton, Ordinance No. 2873 New Series of the Council of the City of Bakersfield adding Sectio~ 17.53.060 C.8. to the Bakersfield Municipal Code relative to Extensions of Time Limits for Review of Site Plans on Major Retail Projects, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Barton, Christensen, Means Noes: None Absent: Councilman Rockoff Adoption of Ordinance No. 2874 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Lane Use Zoning of those certain properties in the City of Bakersfield located approximately 1/8 mile south of Fraser Road and 1/8 mile west of Old River Road. The application for this amendment was made by Kamwil, Inc., and would change subject properties from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. Bakersfield, California, September 7, 1983 - Page 21 331 The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2874 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 approximately 1/8 mile south of Fraser Road and 1/8 mile west of Old River Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Payne, Ratty, Barton, Christensen, Means None Councilman Rockoff NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on both sides of Brentwood Drive, north of Niles Street, and making findings in connection with a P.U.D. Zone. The application for this amendment was made by L.A.B. Development and would change subject properties from an R-1 (One Family Dwelling) and R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zones to a P.U.D. (Planned Unit Development) Zone, containing 173 units consisting of 5 one-story fourplex units, 18 two-story eightplex units and 9 single family dwellings. The Planning Commission recommended approval of this amendment, subject to 20 additions to the plan, and made findings delineated in Section 17.52.070 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 Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on Bakersfield, California, September 7, 1983 - Page 22 both sides of Brentwood Drive, north of Niles Street, and making findings in connection with a P.U.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 that certain property in the City of Bakersfield commonly known as 4032 "O" Street, and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Robert King and would change subject property from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone, consisting of 43 two-bedroom townhouse units, 1 one-bedroom handicapped unit and a recreation area with swimming pool. The Planning Commission recommended approval of this amendment, subject to 24 additions to the plan, and made the findings delineated in Section 17.52.070 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 Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 4032 "O" Street, and making findings in connection with a P.U.D. Zone. Adoption of Resolution No. 114-83 of the Council of the City of Bakers- field directing the City Engineer to develop and implement a project con- verting to more efficient street lighting and qualifying for Pacific Gas & Electric Company Incentive Rebates. For several months the Public Works Departmeat has been converting mercury vapor street lights to more energy efficient high pressure sodium lights. The Public Works Department has been notified by P. G. & E. that the conversion program qualifies for an incentive rebate. This resolution authorizes the City Engineer to apply for the rebate, which is estimated to be $15,800. Bakersfield, California, September 7, 1983 - Page 23 Upon a motion by Councilman Barton, Resolution No. 114-83 of the Council of the City of Bakersfield directing the City Engineer to develop and implement a project converting to more efficient street lighting and qualifying for Pacific Gas & Electric Incentive Rebates, was adopted by the following roll call Company vote: Ayes: Noes: Absent: Councilmen Payne, Ratty, Barton, Christensen, Means None Councilman Rockoff Approval of Renewal of Lease Agree- ment with Kern Aquatics Club for use of Central Park Pool. This agreement provides for the Kern Aquatics Club to continue the use of the Central Park Pool for recreational and competitive swimming on a nondiscriminatory basis. The club will pay all maintenance and operation costs. The term of the lease is for 10 years at a rental of $1.00 per year. The agreement has a 90 day written notice of cancellation by either party. Upon a motion by Councilman Means, Renewal of Lease Agreement with Kern Aquatics Club for use of Central Park Pool, 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 8:25 P.~. ? MAYOR ~he City of Bakersfield, Calif. ATTEST: CITY C~LE~K~nd~Ex 0 j~i"ii~of the Council of the City of Bakersfield, California ma Bakersfield, California, September 14, 1983 Present: Absent: Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., September 14, 1983. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Art Knowles of the First Assembly of God Church. The City Clerk called the roll as follows: Mayor Shell. Councilmen Ratty, Rockoff, Barton, Christensen, Means, Payne Minutes of the regular meeting of August 24, 1983, were approved as presented. SCHEDULED PUBLIC STATEMENTS ~s. Rosetta Brown, Lakeview Project Committee, Lakeview Avenue, commented on the postponment of the Rezoning of Lakeview Issue until after the November 8, 1983 Election. Mr. Marvin Dean, P.O. Box 1062, spoke on the Rezoning of Lakeview, conflicts of interest, and allegations he has made in the past regarding certain unnamed members of the Council. Mr. James Childs, 412 South Haley Street, stated he was acting upon a request of an individual in the First Ward when he requested the issue of Rezoning of Lakeview Avenue be postponed until after the November 8, 1983 Election. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Cornerstone Engineering Inc., 159 "H" Street, dated Septem- ber 7, 1983, requesting a General Plan Amendment for commercial use of 18 acres in area, lying adjacent to and westerly of Manor Street, northerly of the Carrier Canal and southerly of the Kern River, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Payne, communication from Mr. Norman M. Walters, 3301 Dwight Street, regarding his opposition to the purchase and resale of the land under consideration for the proposed Galleria, was received and placed on file. None Bakersfield, California, September 14, 1983 - Page 2 COUNCIL STATEMENTS Councilman Ratty stated he received a box of empty beer bottles with a note on his door step. The note said, "If you think it is okay to have beer bottles all over Chester Avenue, then here is your share, signed, a Downtown Merchant." Having had a busines~ located on Chester Avenue for approximately ten years, he felt he had picked up a lot of beer bottles and other debris ~eft by the young people who cruise Chester Avenue. He felt the Council acted very rationally in adopting the container ordinance, and the Police Department is enforcing that ordinance to the best of their ability. He did not feel it was the Council's desire to drive the children into the neighborhoods where they might cause more havoc and be under less control. Police Chief Price stated the Police Department has been dealing with this problem since before he became Chief. It is not really a littering or drinking problem, but a social problem. Chester Avenue has become a meeting place for the young people of Bakersfield. Several years ago the Police Department came to the Council and the Council adopted the container ordinance, which is enforced on a regular basis. The container ordinance does not always take the hgihest priority of police service. On a regular basis, extra people are assigned to Chester Avenue in an effort to curtail the situation. On one particular weekend over 69 arrests, primarily in the form of citations for containers, liquor violations, drunk and so forth were made. The Police Department has not made an "all-out-effort" because it was not desireable to move the young people into the resi- dential areas, but will continue to enforce the container ordinance to the best of their ability. Councilman Means stated the Council has been discussing the mass transportation needs of the City of Bakersfield for a long time. For the past one and one-half years, the Council has worked closely with the Golden Empire Transit Board to try to arrive at some decision about coordinating the transit efforts, particularly in the downtown area. This Council has discussed and supported a transit Bakersfield, California, September 14, 1983 - Page 3 facility located at 19th and "K" and at the same time, the Golden Empire Transit Board supported a facility located at 21st Street and Chester Avenue. After a number of events, the Golden Empire Transit Board has come out in support of a transit way and now asks the Council to also support it. The Transit Board is concerned that it is several months past what was thought to be the deadline to receive any money from the Urban Mass Transit Association (U.M.T.A.) and are now at the point where the Council needs to make a decision one way or the other. Councilman Means further stated he feels it wou~d be appropriate for the Council to give the Board an answer tonight. He stated he supports the transit way and feels the Council should also support it. Mr. Mark Gibb, Executive Director of Kern Council of Governments, stated his agency represents all governmental bodies in Kern County, therefore, their function is to coordinate all governmental activities. The mass transportation need is a very complex issue. The City of Bakersfield and Golden Empire Transit District requested Kern COG do a study that would represent all agencies. Kern COG has been involved since 1979 and has done two major studies. The first study was done by QUAD Consultants, which was excellent but unfortunately, the recommendation was not success- ful. As a result of that, Kern COG entered into an agreement with Barton-Aschman which conducted the current study in question. Essentially, there were two solutions from this study. The first solution was the transit way or mall, which is what we refer to as the widening of sidewalks on a three-block area along Chester Avenue, and reduction of six traffic lanes to four. The second alternative was an off-street transit terminal. Both alternatives are good. The Techn~ical Advisory Committee for this study, which is composed of staff from the City of Bakersfield, Golden Empire Transit Dis- trict, and Kern COG's transportation planners and consultants, unanimously recommended the transit way facility for two basic reasons. First, it was the best alternative for public transit because of the location, least cost of operating the buses in terms Bakersfield, California, September 14, 1983 - Page 4 087 of keeping their fares down. The second reason was because it would have the most positive impact on the downtown area. The two most discussed issues of concern in relationship to the transit way are traffic and loitering. After an extensive examination of the transportation corridors in the downtown area, in regard to the transit way, Kern COG does not believe traffic on Chester Avenue will be any worse or any better than it is at the current time. The other concern is loitering. The transit mall will not solve the loitering problem by spreading the people out over a larger area. This is a problem universal in every city of the United States. He has seen, though, where a transit mall has improved the loitering problem. The decision that needs to be made needs to be made immediately. The officials from the Urban Mass Transportation Association (U.M.T.A.), are aware of the City's current situation and closeness to a decision. The G.E.T. Board has voted unanimously to support the transit way. Unfortunately, they can't proceed until the Council agrees to support the district and the decision they have made. A Resolution of Support is needed in order to send an amend. ed application to U.M.T.A. Councilman Means made a motion to adopt a Resolution of the Council of the City of Bakersfield supporting a Chester Avenue Bus Transit Way and to transmit a copy of the Resolution to the Golden Empire Transit Board and Urban Mass Transportation Association. Councilman Rockoff stated he is very much opposed to a transit way and supports the transit facility. He also disagrees with the statement that there will not be a traffic problem if there is a transit way. In answer to several questions by Councilman Payne, Mr, Mark Gibb stated the area being considered for the Transit Mall is a three-block area on each side of Chester Avenue between 18th and 21st Streets. This particular location was the recommendation made in the report, but is also open for discussion at the design stage. Officials for U.M.T.A. are very anxious to move on this Bakersfield, California, September 14, 1983 - Page 5 project and Kern COG has already prepared a Letter of Intent. The grant has already been approved for Bakersfield, and if the Council approves the Transit Mall tonight, Kern COG could probably have the paper work done by the first of the year. The design work will probably take six months, therefore it will probably be approxi- mately nine months before actual construction can begin. Construc-. tion will be done in phases, probably a one-block area at a time. Estimated completion time is twelve to eighteen months. Economic Development Coordinator Kennon stated the most obvious improvement to existing businesses if the transit way is constructed is an improvement to the environment. Narrowing the right-of-way will enable more of a transition back and forth from one side of Chester Avenue to the other. There is also usually an effort by the property owners to improve their properties. Mr. Mark Gibb, Executive Director of Kern COG stated that U.M.T.A. will pay 80% of the cost and Golden Empire Transit District has agreed to pay the 20% match requirement for construc- tion of the transit mall. There will be no financial burden upon the City for construction costs. There is no provision for compen- sation if construction hinders businesses, but Kern COG is plan- ning for the grant to take full accountability for problems incurred because of construction. The design concepts will be brought back to the City Council for input, and a joint decision will be made by the Council and Golden Empire Transit Board. Assistant Public Works Director Shultz stated the Public Works Department would be involved in a review of all plans for modifying curbs, flow lines for drainage purposes and alignment of the curb for return at the intersections. Councilman Christensen spoke in support of a transit facility. He stated he has received a considerable number of calls from businessmen and the Downtown Business Association and felt he would probably have to vote in the negative on this issue. City Manager Kelmar suggested the Council might wish to enter into an agreement with the Golden Empire Transit District to Bakersfield, California, September 14, 1983 - Page 6 insure the Council's input and approval throughout the process. Councilman Barton stated he supported a transit facility more than a transit way but is trying to realize it may be an alternative that should be considered. He would like to see a transit way where the buses only park to load and unload passengers and any parking the buses do for transfers, or meeting head times should be done someplace other than on Chester Avenue. Mr. Steve Ruggenberg, Acting General Manager of the Golden Empire Transit District, stated he felt a system can be designed to reduce the dwell time significantly. Councilman Means stated he wished to amend his original motion to include the suggestion that the City and Golden Empire Transit enter into an agreement outlining the responsibilities in relation to design, maintenance and security operations of the transit facility. In answer to a question by Councilman Payne, Fire and Development Services Director Needham stated the Transit Way Project has not reached a point that the fire services have been discussed. Anytime there is construction taking place, it makes fire fighting more difficult. Police Chief Price stated he has one disagreement with what has been stated tonight regarding traffic and the transit way concept. He believes there will be a major impact on the traffic in ~e future. The traffic problem should not prevent the Council from doing what they want to do, but the Council will have to make some plans on how to handle that problem. He did not see any major police problems as far as crowds or police access, but, during con- struction, there are always problems. City Manager Kelmar st.ated all individuals involved in projects in the Redevelopment Project Area have been consulted about the Golden Empire Transit Mall. The only concern expressed is that of the buses sitting for long periods of time in front of stores. But, if the buses are kept moving, he didn't think it would be a concern. Councilman Ratty stated he is very much in favor of a transit way especially over a terminal facility located at the Toy Circus location. 34O Bakersfield, California, September 14, 1983 - Page 7 Mayor Shell stated from a shopper's point o£ view, she lives in downtown and therefore downtown is her shopping area. She feels a transit way would enhance and encourage shopping down- town. Chester Avenue is a barrier and shoppers either shop on the east or west side. The transit way concept would transform down ...... town and she sincerely believes it would be a wonderful thing for Downtown Bakersfield. Councilman Barton made a substitute motion that the Resolution supporting the Transit Way be deferred until the Septem- ber 28, 1983, meeting; that concerns regarding maintenance, security, dwell time, and an agreement between the City and Golden Empire Transit District be referred back to committee or staff for recommendation; that Kern COG or Golden Empire Transit be able to come to the Council, or a committee o£ the whole, to dis- cuss these concerns and give assurances. Councilman Means stated the Resolution will not be approved unless there is a joint agreement between the City and Golden Empire Transit and that that agreement will guarantee the City has control over the design and operations, including maintenance and security, and that Mr. Ruggenberg has already assured the Council that his objective is to reduce dwell time for anything except loading and unloading passengers. Councilman Barton stated he is concerned about dwell time and would like assurances that the dwell time will be elimina- ted completely except for picking up and dropping off passengers. If those assurances can be met, he would not ask for a two-week delay. Mr. Ruggenberg stated the dwell time could most reasonably be reduced to not exceed 120 seconds and GET would attempt to eliminate the dwell time completely. Councilman Barton stated he would support adoption of the Resolution supporting a transit way, on the condition that the agreement address in detail the operational procedures, that dwell time be limited to loading and unloading, plus other factors being Bakersfield, California, September 14, 1983 - Page 8 discussed tonight. If those items are not in the agreement, when it is time to vote on the agreement, he would oppose it. He with- drew his substitute motion on the assurances that Mr. Ruggenberg could eliminate the dwell time and that would be part of the agree- ment. Councilman Means stated he would amend his motion to include elimination of dwell time for anything other than loading and unloading of passengers. Mr. Benton stated his opposition to the buses parking in front of the Haberfelde Building. He also stated the City should be considering the transit mall only under the condition that it is a good thing for the City of Bakersfield. Adoption of Resolution No. 115-83 of the Council of the City of Bakersfield supporting a Chester Avenue Bus Trans- it Way. Councilman Means' motion to adopt Resolution No. 115-83 of the Council of the City of Bakersfield supporting a Chester Avenue Bus Transit Way, contingent on there being an agreement between the City and Golden Empire Transit District covering the design, operations, and security of the Transit Way; and that dwell time be eliminated for anything other than loading and unloading of passengers, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Barton, Means, Payne Noes: Councilmen Rockoff, Christensen Absent: None Councilman Christensen read the £ollowing prepared state- the record: I am extremely distressed that Mr. Ratty has again violated the conflict of interest laws by voting on and participating in the discussion on the transitway. The Transitway represents a five million dollar expenditure to beautify and better the business environment only a block from Mr. Ratty's downtown property holdings. Notwithstanding this obvious conflict of interst Mr. Ratty has actively led the efforts to obtain approval of this project. ment into Bakersfield, California, September 14, 1983 - Page 9 Our decisions on issues such as the transitway, the Galleria project, and the Brower Building are open to question by the public when one of six Councilmen owns a key piece of property which may be financially benefited by those decisions. The appearance of impropriety is exacerbated by the fact that Mr. Ratty purchased this prime redevelopment property only a few months before the public announcement of the Truxtun/Galleria Redevelopment Project -- which will require the purchase of Mr. Ratty's property. Rightly or wrongly, this course of events make it appear to the public that Mr. Ratty has either taken advantage of his position as a City Councilman, or has the ability to influence vents to his advantage. Mr. Ratty has been admonished about his conflicts of interest by our City Attorney and has abstained from voting on most matters pertaining to the downtown and redevelopment. This does not solve the problem. Even if he does not vote, as one of six City Councilmen, he has the ability to obtain information, participate in discussions, and influence the remaining decision makers, Mr. Ratty's participation in the transitway question is only the most recent example of this problem. Furthermore, Councilman Ratty has voted or participated in other decisions notwithstanding the existence of his conflict of interests. Our City Attorney has said that in these instances he should have watched out to make sure that Mr. Ratty did not improperly vote or participate in discussions. However, the final responsibility to protect against conflicts of interests rests with each councilman. Mr. Ratty has been warned about this conflict of issue question many times. It is difficult to conceive that his participation in the transit way issue was simply an act of forgetfulness or neglect. We need to resolve the issue of conflicts of interest once and for all. I am calling on Mr. Ratty to solicit a written opinion from our City Attorney, to be made available for review by the public and this council, outlining the extent and nature of Mr. Ratty's conflicts of interest as they pertain to the downtown area, his ward, and redevelopment matters. That opinion should define in clear language what is a conflict of interest, what prior violations have occurred, what guide- lines Mr. Ratty should follow in determining whether he can or cannot participate in Council matters, and identify those pending matters on which Mr. Ratty may not vote, discuss, or attempt to influence the outcome. It is unfortunate that the prior admonishments of our City Attorney and the prior discussions of this matter have not been sufficient to resolve the problem. It is unfortunate that our time as Council- man must be distracted from the needs of the City in order to police our own house. However, I will Bakersfield, California, September 14, 1983 - Page l0 not stand by while the credibility of this Council is threatened. Since Councilman Ratty refuses to acknowledge or attempt to resolve this problem, I have no choice but to submit the matter to the Fair Political Practices Commission for its review and opinion. I will ask the Commission whether Councilman Ratty has a conflict of interest in voting on matters pertaining to the downtown area, and whether he has acted improperly in participating in discussions and voting at both the Committee and City Council level. Councilman Rockoff made the following statement for the record regarding the transit way: Obviously, my position on this issue was not very well hidden and I wanted Council and the people of Bakersfield to know that I was extremely sincere in my endeavors to have a terminal constructed, but since this seems to be the desire of the Council and Golden Empire Transit Board, I only hope and pray my thoughts have been completely wrong because it is only the welfare of the City of Bakers- field that I'm concerned about. So, let's go on from here. In answer to a question by Councilman Ratty, City Attorney Oberholzer stated the Conflict of Interest Code is very difficult to interpret. The State of California has set up a commission to which attorneys submit questions for resolution. He is reviewing it all the time and making interpretations based upon factual situa- tions that arise. If there is a foreseeable impact in an individual's income as a result of a decision that he might make, that would be a very general type of conflict of interest. With respect to Council- man Ratty, Attorney Oberholzer did not think it foreseeable in any way that whether there is a transit mall or a transit building, whether the buses stop for a hundred and twenty seconds, or for fiw~ minutes, at an area that is at least three blocks from Councilman Ratty's office, is a financial impact. He could not foresee a con- flict, nor would he advise Councilman Rat~y to not participate because of a conflict or potential conflict. In answer Go a question by Mayor Shell, Building Director Bidwell stated the building on Chester Avenue that burned several months ago is a sound structurally-safe building. There has not been any reason for the Building Department to consider this building 344 Bakersfield, California, September 14, 1983 - Page 11 anything but a safe building. The owners and insurance company have almost resolved the issue of reconstruction or interior improvements. It is hoped something will be initiated within two or three months time. REPORTS City Manager Kelmar stated that as a result of a dis- cussion with the consultants, staff feels and is suggesting to the Redevelopment Agency and Council, that due to the complexity of the Development Agreement for the Truxtun Galleria, that the night of September 27, 1983, not be a public hearing, but a special joint meeting of the Council and the Agency for purposes of the consultants explaining the development agreement, answering any questions and setting the time of the public hearing for the review of the development agreement. Due to a real or imaginary conflict of interest, Councilman Ratty stated he would not participate in this matter. Upon a motion by Councilman Rockoff, public hearing scheduled for September 27, 1983 was cancelled. A joint meeting between the Redevelopment Agency and the City Council was scheduledl for 5:00 P.M. on September 27, 1983, to hear the presentation by the consultants regarding the Truxtun Galleria; and to set a date at that meeting for the public hearing. This motion was passed. unanimously NEW BUSINESS Adoption of Resolution No. 116-83 of the Council of the City of Bakersfield fixing the dates of meetings of the Council during the months of October, November, and December, 1983, and January, February, and March, 1984. This resolution fixes the dates of meetings of the City Council from October, 1983, through March, 2984. Upon a motion by Councilman Barton, Resolution No. 116-83. of the Council of the City of Bakersfield fixing the dates of meetings of the Council during the months of October, November, and Bakersfield, California, September 14, 1983 - Page 12 December, by the Ayes Noes Absent: 1983, following roll call vote: Councilmen Rockoff, Barton, Christensen, Means, Payne None Councilman Ratty Adoption of Resolution of Intention No. 975 of the Council of the City of Bakersfield, declaring its inten- tion to order the vacation of the 20-foot alley within Block 236 located between 19th and 20th Streets and "H" and "G" Streets, in the City of Bakersfield. This and January, February, and March 1984, was adopted Resolution of Intention sets the date of hearing HEARINGS This is the time set for public hearing before the Council on an Appeal by R. F. Cullen to the decision of the Board of Zoning Adjustment granting the application for a Modification requested by J. C. Jolliff to permit the reduction of the required front yard setback from 25 feet to 15 feet, in an R-1 (One Family Dwelling) Zone, on that certain property commonly known as 7801Calle Cerca. This hearing has been duly advertised and the property owners notified as required by law. A letter has been received £rom R. F. Cullen, 1204 Camino Del Oeste, dated August 15, 1983, withdrawing his appeal. Noes: None Absent: None for October 19, 1983. The request for the alley vacation was made by the Planning Commission. Upon a motion by Councilman Rockoff, Resolution of Inten- tion No. 975 of the Council of the City o£ Bakersfield, declaring its intention to order the vacation o£ the 20-foot alley within Block 236 located between 19th and 20th Streets and "H" and "G" Streets, in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means, Payne Bakersfield, California, September 14, 1983 - Page 13 In answer to a question by Mr. Barnes, City Attorney Oberholzer stated the appeal by Mr. Cullen has been withdrawn, therefore, there is no appeal pending before the Council. No one may file an appeal in this matter because the deadline has passed. This is the time set for continued public hearing before the Council on an Appeal by William G. McClure to the denial by the Planning Commission of a Special Sign Permit for property located at the southeast corner of 20th and "G" Streets. Projecting signs are included under specified prohibitions in the sign ordinance. Existing projecting signs are considered nonconforming and must be removed within 10 years of the adoption of the sign ordinance or July, 1986. Projecting signs may be installed upon approval of the Planning Commission of a special permit as provided in the ordin- ance. However, the ordinance states that such sign shall not be permitted unless the application demonstrates a lack of sufficient sign locations to provide reasonable opportunity to identify and advertise the business, the relationship of the building to other buildings on the same street as to setback, size and existing signage. This building is on a corner parcel constructed on the property lines, and has extensive wall area. Accordingly, the Planning Commission felt there was absolutely no justification for granting the request. This hearing was continued from the Meeting of August 10, 1983, at the request of William G. McClure. Mayor Shell declared the hearing open for public partici- pation. Mr. William McClure, Sales Representative, Ad Art, Incorp- orated, 3133 North Ad/Art Road, Stockton, stated the proposed sign is to be located at the southeast corner of 20th and "G" Streets. The design is very appealing, one of the most attractive in the downtown area. The reason for the projection sign is there is a Bakersfield, California, September 14, 1983 - Page 14 low-profile building set back by a high building on the corner. At 20th and "G" there is a two-story building adjacent and part of the same building. The building cannot be seen at all from the other adjacent corners because of the obstructions of other build- ings around there. Face signs will still not allow the visibility from "E" Street on one side, "F" Street on the other, and 19th or 21st Street where the traffic is. Ad-Art is asking Council rescind the action of the Planning Commission, who arbitrarily dismissed the application by saying it was not necessary and without any con- siderations as to alternatives. Councilman Ratty stated he felt the sign ordinance is very clear. If there is adequate space for advertising on the build- ing or if there is a free-standing area, then that is okay. It is clear the building has plenty of wall space to advertise the business. He has personally gone by and looked and anything can be done along those walls. Projecting signs are just not a viable signing in the downtown area. The Planning Commission is right and there is no ambiguity at all. In answer to a question by Councilman Ratty, Building Director Bidwell stated free-standing signs may project over the public right-of-way only by permission of the City Council. Mr. David Milazzo, Member of the Planning Commission and the Sign Committee that reviewed this application for a Special Sign Permit stated the Committee did offer suggestions to go to over- size wall signs and could even look at helping him in that regard. The Committee was adamantly opposed to the notion of hanging additi,3nal signs off of buildings when in the process of looking very closely at the ordinance to restrict it even further. Aesthetically, this sign being a projection sign, violates the character and harmony of the building. There is a lot of wall surface available on the buildings. In the discussion at the meeting, Ad-Art requested a roof-mounted sign and that too was denied. It was felt the wall sign was the best and most acceptable way. The Planning Commission hopes the City Council upholds their decision. Bakersfield, California, September 14, 1983 - Page 15 Upon a motion by Councilman Ratty, request of Ad-Art Sign Company for a Special Sign Permit in a C-2 (Commercial) Zone, located at the southeast corner of 20th and "G" Streets, was denied by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means, Payne Noes: None Absent: None In answer to a question by Mr. McClure, City Attorney Oberholzer stated there are no adopted guidelines. Mr. McClure will have to rely on the factual presentation he makes at the time he makes a request for a projecting sign. Councilman Means stated the City and Planning Commission wants to do everything they can to not encourage these projection signs. Because there is a provision for those circumstances where it is possible, it would be foolish to say there would never be an exception. It is felt that projection signs are not attractive or pleasant and we're not encouraging, use. Building Director Bidwell in fact we're discouraging their stated it is obvious in the ordinance it is the intent of the City of Bakersfield to discourage and eliminate projection signs in the City. Written in the existing ordinance is a provision that signs will be removed. This is the time set in July, 1986 all existing projecting for public hearing before the Council of the City of Bakersfield for the purpose of considering proposed amendment to the City's Zoning Ordinance - Adult Entertain- ment. This hearing has been duly advertised, posted and the property owners notified as required by law. The Planning posed amendment. A letter was Management Group, Inc., Commission recommended approval of this pro- received on September 12, 1983, from Phoenix 5000 Belle Terrace, in opposition to the City Zoning Ordinance - Adult Entertainment. Bakersfield, California, September 14, 1983 - Page 16 Mayor Shell declared the hearing open for public partici-- pation. No one wishing to speak in support or opposition, the public portion of the hearing was closed for Council deliberation and action. Councilman Barton made a motion that first reading be co~- sidered given an Ordinance of the Council of the City of Bakersfield amending Section 17.22.020 B. and adding Chapter 17.69 to the Bakers- field Municipal Code relative to Adult Entertainment Establishments. City Attorney Oberholzer stated that Economic Development Coordinator Kennon has a prepared statement that should be given during the public portion of the hearing. Economic Development Coordinator Kennon stated the ordin- ance before the Council, if adopted, would establish guidelines, standards and regulations that would regulate certain adult type uses. These uses are generally considered within a community to have a negative impact on the economic as well as the physical environment in which they are located. From a legal standpoint, the case of Young vs. The American Mini Theaters in which the development standards and criteria that the City can use to regulate these uses is established. The language within ou~ proposed ordinance, in so far as embracing those standards it also embraces the language in the Oakland ordinance, which has also been tested in court. Basi- cally, as a result of studies, surveys and some basic comparative analysis, a number of different areas in which, in staff's opinion, the establishment of these types of uses defined within the ordinance would have a negative impact. The areas of impact would be rental structures, development standards, physical condition of structures and property values. Other areas of peripheral nature are the quality and turnover rates of the users, vacancy rates, and the value of on-going rehabilitation. The bottom line of all this is the attitude from the community as a whole, almost universally they felt these kinds of uses were detrimental to the value of the area. The Planning Commission held their reviews and indicated the negative declaration for this ordinance is appropriate and the stand- ards established within the ordinance would in effect implement tho~e regulations. Bakersfield, California, September 14, 1983 - Page 17 Mr. Bob Smith, Attorney for Amber Theaters, operating Cinema 19 on 19th Street, spoke in opposition to the ordinance. Mr. Dan Tesman, Phoenix Management Group requested Council read the letter to the public that was sent on September 12, 1983, and answer the four questions represented in that letter. Mayor Shell stated that the letter sent by Phoenix Management Group was available for the public and has been provided to and read by all the Council. The four questions in the letter by Phoenix Management Group are as follows: 1. Do you believe that this ordinance will restrict the number of adult theaters in Bakersfield? City Attorney Oberholzer stated, yes, this zoning ordin- ance will restrict the number of adult theaters in Bakersfield. All zoning ordinances restrict the number of commercial enterprises possible in Bakersfield. 2. Who exactly decided that '~his ordinance be proposed? Councilman Barton stated he proposed this zoning ordin- ance to the Council. 3. Does the City normally propose ordinances that cannot be supported by facts or no research has been done (except to buy one book on how to write the ordinance)? City Attorney Oberholzer stated anybody who looks at this ordinance can see there has been a lot of research done. Mr. Kennon is available to provide any information and background. 4. In the Redevelopment Agency Report it talks of a conditional use permit to these businesses. Does this mean the City will try to dictate the color that these or any other businesses will be permitted to paint their buildings? City Attorney Oberholzer Mr. Larry Zell, owner of took him one and one-half years to all the approvals he stated, the answer is no. For Adults Only, stated that it get into his building because of had to get. The Landlord had to put $14,000 Bakersfield, California, September 14, 1983 - Page 18 into the building before the Fire Department would approve it for him to start construction inside the building. If this ordinance is passed he will have a year to relocate, and if there is a hard- ship, a two-year extension. He is concerned that when he is required to move that he will be able to relocate. Mr. Dave Kennon stated the data gathering that was done was to define all the issues. As far as crime, there was no discern- able difference in arrest patterns or crime. No indication that there was a higher crime rate on one side of Chester or the other. The work done by the Economic Development Department was strictly on the issues of economic and physical blight. A control area was established with as much similarity to the 19th Street area as possible. In those areas property values, return on investment or rental structu.res, level of rehabilitation, vacancy rates, types of uses, and in the important area of rental structure it was determined, that where adult uses are located, the rent was considerably less, or the rate of return was considerably less than in those areas where adult uses were not present. In terms of vacancies, there was about twice as much vacancy in terms of square foot area on the east side of Chester Avenue as there was on the west side. Property values were slightly less on the east side. The turnover rate in terms of businesses in the adult areas was considerably greater, quality of uses was considerably lower. By quality, it is meant the amount of investment or capital required to start a business, or the type of products and services provided. So, from these studies, in compar- ison, there was an identifiable level of both economic and physical use below that of the non-adult uses area. In answer to a question by Mr. Zell, City Attorney Oberholzer stated this zoning ordinance is not designed to eliminate adult field. It is not entertainment, book stores, or theaters in the City of Bakers- This ordinance is designed to reduce neighborhood blight. an attempt to disburse those types of businesses so they are concentrated in one particular area. This ordinance does not Bakersfield, California, September 14, 1983 - Page 19 prohibit granting a Conditional Use Permit in another area of the City, in fact, it provides for that specific use. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.22.020 B. and adding Chapter 17.69 to the Bakers- field Municipal Code relative to Adult Entertainment Establishments. Upon a motion by Councilman Barton, first reading was considered given an Ordiance of the Council of the City of Bakers- field amending Section 17.22.020 B. and adding Chapter 17.69 to the Bakersfield Municipal Code relative to Adult Entertainment Establishments. This is the time set for public hearing before the Council of the City of Bakersfield, on any evidence for or against a pro- posal by the City of Bakersfield to change the zoning boundaries from a C-2 (Commercial) Zone and a C-C (Civic Center) Zone to a C-3 (Central Business) Zone, affecting those certain properties in the City of Bakersfield located between "H" and "N" Streets and between ?ruxtun Avenue and 20th Street. This hearing has been duly advertised, posted and the property owners notified as required by law. Planning Commission recommended the proposed C-3 zoning not be adopted. The Commission was of the opinion the adoption of the Downtown Redevelopment Plan would be a more comprehensive approach for the Central Business District. Mayor Shell declared the hearing open for public partici- pat ion. Mr. Ed Wilson, property owner, stated he owns Blocks 267, 268, and 269 in the downtown area. He was under the impression his property was included in the unlimited height restriction area. He supports unlimited height restrictions and feels the downtown property owners need a little edge with regard to height, because it is very difficult to see town area simply because of satisfactory development of any high-rise development in the down- the parking. As a prerequisite to any a high-rise structure, the parking has Bakersfield, California, September 14, 1983 - Page 20 to be vertical and not spread out over a large parcel. It seems unreal and unrealistic to him to impose a height limitation when he owns the property on both sides of "0" Street; on 17th Street, substantially the entire block bounded by l?th and 18th; and "N" and "0", and then for 300 feet east of "0" on 17th Street. "0" Street is one block south and leads right up to the steps of the Civic Auditorium and "P" Street, which is also a one-block street between Truxtun and 17th Street and comes into my property on 17th Street. 17th Street leads to the high-rise hotel. It seems that the City should be encouraging development in the vicinity of the high rise hotel. Mr. Wilson further stated he is aiming towards development in this location and is concerned about whether there is a height limitation on the proposed general plan or through this zoning ordinance. He stated that "Q" Street is a major arterial leading from Brundage Lane across California Avenue and north for a length of two miles. It is ll0 feet wide and goes through the center of town. This is a major north bound access for vehicular traffic into the proposed development area. He is strongly opposed to the limitation to the defined boundary lines shown excluding the blocks on the east side of "Q" Street. He feels the City is loosing out if they omit the blocks on the east from the unlimited height restriction. Councilman Ratty stated that due to conflict of interest he would not participate side of "Q" Street a real or imaginary in this discussion. 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. City Manager Kelmar suggested the Council continue this public hearing until October 19, 1983, to give the Council and staff more time to review Mr. Wilson's concerns. In answer to a question by Councilman Means, Planning Director Sceales stated the Downtown Redevelopment Plan envisions a stair-step type of height limitations on some of the blocks, whereas, Bakersfield, California, September 14, 1983 - Page the rezoning would allow unlimited height restrictions within the ~und- ary area. The Planning Commission's thinking in denying this was to proceed with the Downtown Redevelopment Plan to come up with something that won't have to be changed 2 to 6 months down the road. If the Downtown Redevelopment Plan has merit, this rezoning should not be adopted. The City should pursue the Downtown Redevelopment Plan and adopt the necessary text to go along with it. The Planning Commission is recommending that this rezoning not be adopted and that the City proceed with whatever they have to do to adopt the Downtown Redevelopment Plan and implement it. After a lengthly discussion, Councilman Means made a motion that the public portion of this hearing be reopened, the description of Blocks 220 through 275 be corrected to read: Blocks 270 through 275; and the public hearing before the Council on any evidence for or against an application by the City of Bakersfield to change the zoning boundaries of said properties from a C-2 (Commercial) Zone and a C-C (Civic Center) Zone to a C-3 (Central Business) or more restrictive Zone, and to amend said Municipal Code accordingly, affecting those certain properties in the City of Bakersfield located between "H" and "N" Streets and between Truxtun Avenue and 20th Street, be continued until October 19, 1983. This motion was unanimously adopted. This is the time set for public hearing on Resolution of Intention No. 973 of the Council of the City of Bakersfield declar- ing its intention to establish Maintenance District No. 8, located in the area of the City generally bounded by Morning Drive on the east, College Avenue on the south, Fairfax Road (including those parcels adjacent to Fairfax Road) on the west, and State Route IV Kern 178, on the north. This hearing has been duly advertised, posted and the property owners notified as required by law. The application for this Maintenance District was submit- ted by the owner/subdivider of the major portion of the proposed district. Bakersfield, California, September 14, 1983 - Page 22 This Maintenance District would provide payment for the costs and expenses of maintaining and operating parks, street median and parkway landscaping, slopes and drainage facilities. Since the improvements will not be completed in the 1983-84 Fiscal Year, no charges will be assessed during that period. An initial study was prepared which provided environmental evaluation of two neighborhood park sites within the district. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received, and no one wish-. ing to speak in favor, the public portion o£ the hearing was closec~ for Council deliberation and action. Upon a motion by Councilman Rockoff, Negative Declaration and Resolution No. 117-83, establishing Maintenance District No. 8 and conforming the Assessment were adopted by the following roll call Councilmen Ratty, Rockoff, Barton, Christensen, Means, Payne Noes: None Absent: None This is the time set for public hearing on Resolution of Intention No. 972 of the Council of the City of Bakersfield declar- ing its intention to order the vacation of a portion of Height Street between ~. Vernon Avenue and Sunny Lane. This hearing has been duly advertised and posted. The application for this street vacation was submitted by Clement/Milazzo & Associates, 3200 21st Street, #500. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received and no one wishing to speak in favor, Mayor Shell closed the public portion of the hear- ing for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 115-83, of the Council of the City of Bakersfield ordering the vacation of vote: Ayes: 356 Bakersfield, California, September 14, 1983 - Page 23 a portion of Height Lane in the City of roll call Ayes: Noes: Absent: Street between Mt. Vernon Avenue and Sunny Bakersfield, was adopted by the following vote: Councilmen Ratty, Rockoff, Payne None None This is the time set Barton, Christensen, Means, for public hearing on Resolution of Intention No. 974 of the Council of the City of Bakersfield declar- ing its intention to order the vacation of a portion of 16th Street lying between Eye Street and "H" Street. This hearing has been duly advertised and posted. The City initiated the vacation which was recommended for approval by the Planning Commission. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received and no one wish- ing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation. Upon a motion by Councilman Ratty, Resolution No. 119-83 of the Council of the City of Bakersfield ordering the vacation of a portion of 16th Street lying between Eye Street and "H" Street in the City of Bakersfield, was adopted by the following roll call Councilmen Ratty, Rockoff, Barton, Christensen, Means, Payne Noes: None Absent: None This is the time set for public hearing before the Council on the 1983 Weed Abatement Program. The property owners were notified by certified mail. Director of Fire and Development Services Needham stated the Fire Department has been unsuccessful in getting the lot cleaned. through the normal process, and requests the Council order abatement of the lots listed in the resolution. vote: Ayes: Bakersfield, California, September 14, 1983 - Page 24 Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received, the public port~on of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Payne, Resolution No. 120-83 of the Council of the City of Bakersfield finding that certain weed.s growing on properties in the City of Bakersfield constitute a public nuisance and directing the Chief of the Fire Department to abate such nuisance, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Payne Noes: None Absent: None There being no upon a motion by at 11:15 P.M. Rockoff, Barton, Christensen, Means, ADJOURNMENT further business to come before the Council, Councilman Christensen, the meeting was adjourned MAYOR'of he City of Bakersfield, Calif. ATTEST: CITY CLERKSand ~x Officio Clerk of the Council of the City of Bakersfield, California CW Bakersfield, California, September 27, 1983 Minutes of a Special Joint Meeting of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency, held in the Council Chambers of City Hall at 5:00 P.M., September 27, 1983. The meeting was called to order by Mayor Shell and Agency Chairman Barton, followed by the Pledge of Allegiance and Invocation by Father Timothy Cardoza of St. Joseph's Catholic The City Clerk called the roll of the Council, as follows: Present: Mayor Shell. Councilmen Rockoff, Barton, Christensen, Means, Payne Absent: Councilman Ratty The City Clerk called the roll of the Agency, as follows: Present: Agency Members Rockoff, Barton, Christensen, Means, Payne Absent: Agency Member Ratty Informational Discussion with City's Consultants regarding Development Agree- ment for the Truxtun Galleria Office/ Retail Complex. City ~anager Kelmar stated tonight's Joint Meeting between the City Council and Redevelopment Agency is for the purpose of an explanation of the Development Agreement of the Truxtun Galleria Office and Retail Project. It is a very complex Develop- ment Agreement and instead of simply having the p~blic hearing and trying to explain it all in one evening, it was felt it would be b~neficial to try to have an informational discussion whereby the consultants could explain the nature of the development agree- ment. He introduced Mr. Cal Hollis and Mr. Dick Botti from the Financial Consultant's office, Keyser-Marston Associates; and Mr. Dave Beatty, the Agency's Legal Counsel in Sacramento. Mr. Calvin Hollis stated he would explain the physical project. The project as it is now proposed is to be constructed in two phases. The first phase is comprised of a fourteen-story office tower, with approximately 150,000 square feet of office space, approximately 50,000 square feet of shops, and 19,000 square feet of common mall area. The first phase includes subterranean Church. Bakersfield, California, September 27, 1983 - Page 2 parking of approximately 100 spaces and a three-level above-grade parking structure which includes approximately 600 spaces. The Development Agreement allows for a subsequent second-phase, which would include the balance of the project with another 40,000 square feet of shops and 19,000 square feet of enclosed mall area, and an office tower of up to 250,000 square feet (20 stories). This is a very aggressive project and very risky in terms that it has not been done before in Bakersfield. It is a major statement to Downtown. Its' attractions are meant to make Downtown Bakersfield once again an office location and bring with it the people and vitality that an office location physically brings. In Phase II there are a total of six hundred and fifty parking places. In Phase I there are a total of seven hundred parking places. There are more parking spaces built in Phase I than initially required. Some of the park- ing places in the Phase II are a function of design. There is a total of 1,350 parking spaces when both Phase I and Phase II are completed. Mr. David Beatty, Special Council for the Redevelopment Agency explained that if a public hearing is called for October 1983, the Council will have an Agreement that has been signed by the developer with basic concept drawings and a Good Faith Deposit of $200,000 with perhaps a credit of $25,000 in expenses of the developer. In an Agreement of this size, basically both sides are attempting to structure the risks in a rational way so that neither party makes a commitment or move that cannot be recalled or be unwise if the other party does not proceed. The Agency wants to be certain that before the land is acquired, the development is actually going to occur. The Development Agreement has been structured so that several conditions must occur before the Agency goes out and acquires property or issues tax exempt financing. It is the acquisition of property which is a key point in terms of the Agency's risk. After that point, the Agency wants to be sure the development of Phase I is actually going to proceed. Assuming the Development Agreement is signed by both the Developer and Agency after the public hearing, the Developer would have ninety days with which to submit construction Bakersfield, California, September 27, 1983 - Page 3 financing for approval by the Agency. Obviously, it is that financing linked to tenants, which is a key concern to the Agency whether this project will really go forward or not. In addition, there must be presented to the Agency an Agreement between the California Republic Bank showing that the development, as it relates to the acquisition of land, and a provision of parking for the bank has been worked out. Finally, there must be approval of an Agreement between the City and the Agency and the County and Agency, with respect to the purchase of the County Hall of Records. The Agency will not wish to proceed and acquire property until these three basic conditions are met. If the three conditions are met within 90 to 120 days after the execution of the Development Agreement by the Agency, the Agency will be in a position to use its good faith effort in attempting to sell tax exempt financing for the acquisition of land for and construction of the parking. If financing is successful, the Agency will then start to acquire property. So, it is basically to do two things; one, agree to acquire property and sell it to the redeveloper, and two, issue financing for the parking at tax exempt rates. The Redevelopment Agency will make or lease a certain number of parking spaces for a period of ten years and make payments to the developer during that ten years. The number of spaces and amount of payments will depend upon whether it is Phase I or whether it is Phase I and Phase II. After completion of Phase I, the Agreement requires the redevelopers to guarantee the Agency will receive at least $500,000 in tax increments after completion of construction. The $500,000 is the amount needed by the Agency to pay the costs of land acquisition, parking, and lease payments for parking. If tax increment monies do not equal $500,000, he will make in lieu payments. If that lease payments made by the lease agency parking is reduced to cover that amount because of lack of tax increments or in Agency has the option the developer is stating does not occur, then the to the developer for the of money that lieu payments. to terminate the ability of the has been lost Also, the redeveloper Bakersfield, California, September 27, 1983 - Page 4 to exercise his option on Phase II. Within five years after comple- tion of Phase I, the redeveloper has the option to acquire the secend parcel needed for the second major office tower and the retail space that will go with it. The consultants believe the economics of the project make it a real incentive for the redeveloper to proceed with Phase II. It is basically an option of the redeveloper whether to proceed with Phase II or not. The Agency will have acquired the property already, so there will not be an additional obligation at that time. Escrow will open and the developer will submit drawings, financing, etc. The land will be conveyed initially at a minimal purchase price. However, unlike when escrow closes on Parcel I, the developer will be required, when escrow closes on Phase II to sign a deed of trust and a promissory note paying what is called an adjusted purchase price for the property on Phase II~ The adjusted purchase price is basically a way to evaluate the true value of the property; the development value of the property opened instead of when escrow closes. what to the advantage of the agency. to the developer after it is It is being structured some- One year after Phase II is constructed and the project is opened, the property will be appraised. At that point, the developer will pay over a five-year period to the Agency an adjusted purchase price for that land which is basically 5% of the ownership interest of the appraised value of that property. Basically, the Agency is receiving a delayed payment for the purchase price for the second parcel. If the developer does not exercise his option to acquire the Phase II parcel, the Agency will retain the parcel and will be able to sell to another developer to complete this project or whatever project is deemed feeseable at that point by the Agency. Presumably, the property will have increased in value because of the existence of Phase I. It is written into the Agreem.~nt that Phase I and Phase II can be coordinated together if in fact it proceeds with a different developer. The Agency is protected on th,~ parking so that the second developer is able to get the development rights needed to construct the parking. Bakersfield, California, September 27, 1983 - Page 5 In answer to a question by Councilman Means, Mr. Hollis stated the Development Agreement provides that the developer has 90 days in which to obtain financing. If he cannot get financing within 90 days there is no penalty to either party. If the develo~,er comes to the Agency at that time and states he cannot get financing and would like to continue under the agreement, and the City agrees, but he is still not able to get financing within the second 90 days, the agreement is terminated and the developer looses $25,000 of the Good Faith Deposit. If the City were to give him another 90 days to obtain financing, and then the agreement is terminated, the developer looses another $25,000 of that Good Faith Deposit. It has been the opinion of the consultants all along that this project should be phased because of its complexity and size. Throughout negotiations with the developer it has been suggested to phase this project. The developer independently came to the same conclusion. He stated he felt the project is much stronger and more likely to proceed if broken into two phases than if the Agency required the entire 400,000 square feet of office space be built at one time. Because of the complexity and uniqueness of this project, a forefeiture of deposit would not be appropriate if the developer is unable to obtain financing. The Consultants are not representing to the City Council that this project is a sure project to be financed. This is not a standard office project. It is believed by the Consultants that a Disposition and Develop- ment Agreement is needed by the developer to have the opportunity to get financing. Mr. Dick Botti stated, the Agency has two responsibili- ties, one is to assemble the site, the second is to lease for a period of ten years certain parking spaces. A non-financial res- ponsibility is to offer tax exempt financing for the structured parking facility and for a portion of the first The offering of tax exempt financing, which are trial revenue bonds, places the Agency under no office building. in effect indus- obligation. To Bakersfield, California, September 27, 1983 - Page 6 ?,63 the extent the parking is financed in a form of industrial revenue bonds, the parking spaces must be public and available to the public for the life of the bond issue. The developer's obligation is to be responsible for debt service on all private improvements which include the office towers, mall area, retail area, and all the park- ing. In looking at and evaluating the economics of this project, one of the responsibilities of the Consultants is to analyze and make estimates as to what kind of rents could be obtained in the retail and office portions of the project. To analyze the development costs including parking, land and financing and; to compare this development with other developments in the Bakersfield area in terms of rent, make projections as to rent levels in Bakers- field today, and determine what kind of rents this project could command. Through this analysis, determine what portion of the pro- ject's cash flow should support a land value. That is, once the costs of construction are provided for, the debt on the construction, and a reasonable return for the developer on this project is allowed, what revenue is available to support a land value. The Consultants concluded that the Agency should sell this first phase property to the redeveloper for the price of one dollar. The purchase price of Phase II, if constructed, has not been set at a dollar amount, but a formula amount. The formula price takes into account what income to that project actually is when it is built. This method of deter- mining purchase price has become increasingly common in redevelopment projects. Primarily, because most redevelopment projects involve redevelopment brought into areas of unproven market, no one can say how successful a project can be or what revenues will be generated and therefore, what value that land has. The Consultant has attempted to determine what the land value is for this project, not what the land value is in Bakersfield generally. Not what's land value at the highest and best appraisal sense, but if this is the project the Agency wants constructed, or if th~s is the project the agency is going to allow to be constructed, what land values does this project support. In the establishment of land values, there are normally Bakersfield, California, September 27, 1983 - Page 7 two approaches. One approach is strictly in line with the economics of the project. That is, the developer is committed to build a certain project that has certain costs applied with provision for parking, an air conditioned mall, retail and office space based upon the cost, anticipated revenue and financing. This is in regard to land value that the developer can afford to build that project. It is what is termed a reuse value. The Agency will ask the Consultants what the developer can afford to buy the property for. It is a land value of a project that contains 420,000 square feet of office space, one or two levels of underground parking, and an air conditioned mall. The other way to approach the determin- ation of land values, as a cross check to the income approach, is to determine what other developers have paid for land and parking within a geographical area. What is represented to the Council is a comparison between a suburban development and the downtown project. The developer in the downtown will be forced to compete with the suburban developer. In the suburban location, the developer will buy 20 acres of land at $10 or $12 a foot. He will construct inexpensive surface parking and will have a very competi- tive package. He will spend the entire amount that he could spend on land and parking, 80 or 90% on land, and very little on surface parking. Surface parking costs $1.50 a square foot. Whereas in the suburban location the developer is spending a couple of dollars per square foot of gross building area for land, in the Downtown he is providing very costly structured parking. So, the entire amount he can afford in a competitive sense to spend on land and parking he is now spending all or a great portion of that on parking. This means the developer can afford to spend less for the land. An additional cost in the downtown location is that the developer has to complete $4,000,000 to $5,000,000 worth of underground parking and carry it all the way through construction of the first office tower. The developer has also agreed to make the total tax payment to the Agency of $500,000 per year. It is the Consultant's estimate, based on the value of the Phase I project, that the developer's Bakersfield, California, September 27, 1983 - Page 8 out-of-pocket expense, above the taxes being generated by Phase I, is a quarter of a million dollars per year. That represents the costs of doing business Downtown. If the Agency did not require the in lieu payment to be made~ they could charge more for the land. The Agency will be making payments to guarantee the $500,000 payme~.t per year. The Phase I development the developer is committed to only generates $250,000. Costs for the entire project in the downtown location, with the Agency only charging a minimum amount for the land, is greater than in the suburban location. It is known the develop~.r is spending money on the parking garage and therefore, this land ncw has a depreciable asset which returns certain tax benefits to the developer. Even after the tax benefits are taken into account, as a result of having a depreciable asset, the downtown project is exactly equivalent to a suburban location for the entire project. One of the reasons for the developer to be committed to making the project work is that he has to get to Phase II because his rate of return in Phase I is a little below what would normally be expected. Part of the rationale for the developer agreeing to the $500,000 per year, is that it can be considered to be an option price on the right to develop Phase II. In the analysis of the economics of the Down- town Project, the Consultants have been very bullish in respect to the rent levels expected to achieve. The developer has provided amenities in this package that won't be found in a suburban location, such as the air conditioned mall. Currently, rent levels on suburban loca- tions are averaging around $1.85 per month per square foot. Our economic analysis of Phase I indicates the land is worth $1.00 on the assumption there is a total rent level in the downtown project including the parking payments which are $1.85 per square foot. The current rent level downtown is $12.00 per year per square foot. This is an average of the current lease of space on the market. Space in the Bank of America is closer to $1.50 or $1.60 per month. He wished to emphasize what was stated by Mr. Hollis that this is a pioneering project and very difficult from the private developer's side. Even assuming the top rental rate in the Bakersfield market, it is a very difficult set of economics both for the Clty and developer. Bakersfield, California, September 27, 1983 - Page 9 Councilman Means stated that he supports this project and believes it will be a landmark but, he would like the Agreement to specify a time period for payment by the Redevelopment Agency to the City for both the parking lot and Eye Street. Mayor Shell stated she has been excited about this project since its' inception. In light of the budget problems the City has incurred during the past year, she feels the citizens of the City of Bakersfield would be interested in being compensated for any property that is used for this project. Councilman Barton made a motion to set October 18, 1983, at 7:00 P.M., for a Joint Public Hearing by the City Council and Redevelopment Agency on the Development Agreement for the Truxtun Galleria Office/Retail Complex. Councilman Rockoff stated he received a telephone call from Mrs. Martha Walters asking if she could ask questions at tonight's meeting. He did not feel there would be a problem with her asking questions, if there were no editorial comments. Mr. Beatty stated he would prefer the Council use extreme caution and not allow someone from the audience to ask questions. This is a project that requires very specific procedures for a public hearing, and it would mean the Council is giving opportunity to some people to participate that is not available to everybody, simply because they have not been notified. Councilman Means made a substitute motion to allow members o£ the audience to ask questions at tonight's meeting. In answer to a question by Councilman Christensen, City Attorney Oberholzer stated that he would defer to ~r. Beatty, who is an expert on Redevelopment Law. If Mr. Beatty has a legal problem with allowing members of the audience to speak tonight, he would also caution the Council and Agency to be wary of proceeding because of the possibility of becoming involved in a law suit that could tie up the project for months. Mr. Beatty has rendered an opinion on this issue and the Council and Agency should consider it. The Council desires to allow everyone an opportunity to speak and Bakersfield, California, September 27, 1983 - Page 10 State Law guarantees that right on this Disposition and Development Agreement. But, a Special Notice was issued, pursuant to the Brow~ Act for tonight's meeting and that nofice must contain all agenda items. The notice for tonight's meeting did not have a provision ~n there that there would be a public discussion of this issue tonight. The notice is very specific and indicated the Council would have an informational discussion with the Agency's Consultants regarding the Development Agreement for the Truxtun Galleria. Councilman Means stated he did not agree and felt that City Attorney Oberholzer's opinion was not appropriate. He feels the Council can set any rules of order desired and that this project could not be held up for a year. Mr. Beatty stated it is a matter of public participation. Public notice and a public hearing do two things, both of which are equally important. One, is to give rights to the public to speak, and the other is to give an opportunity for everyone to appear and speak, and that implies notice. That is an important part of public participation and a right to speak to the Mayor and Council Members. The notice for others to be able to speak and contribute tonight is what is not available. Under Redevelopment Law, there is specific notice and hearing requirements. Councilman Means' substitute motion to allow members of the audience to ask questions at this time, failed to pass by the following roll call vote: Ayes: Councilman Means Noes: Councilmen Rockoff, Barton, Payne Absent: Councilman Ratty Abstaining: Councilman Christensen Councilman Christensen stated he abstained because he could not afford legal council. Councilman Barton's motion to set October 18, 1983, at 7:00 P.M., for a Joint Public Hearing by the City Council and the Redevelopment Agency on the Development Agreement for the Truxtun Galleria Office/Retail Complex was passed unanimously. Bakersfield, California, September 27, 1983 - Page Upon a motion by Redevelopment Agency Member Rockoff, October 18, 1983, at 7:00 P.M., was the time set for a Joint Public Hearing by the City Council and Redevelopment Agency on the Dispos- ition Agreement for the Truxtun Galleria Office/Retail Complex. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 6:43 P.M. There being no further business to come before the Redevelopment Agency, upon a motion by Agency Member Christensen, the meeting was adjourned at 6:44 P.M. MAYOR of t~City of Bakersfield, Calif. ATTEST: of the City of Bakersfield, California CW Bakersfield, California, September 28, 1983 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., September 28, 1983. 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 Barton, Christensen, Means, Payre Ratty, Rockoff Absent: None Minutes of the regular meeting of September 7, 1983, were approved as presented. PRESENTATION Mr. Frank Bergon, Honorary Trustee of the American Police Hall of Fame, presented a Certificate of Enrollment and Medal of Honor to the widow of Police Officer William Sikola who was killed in the line of duty on July 17, 1983. SCHEDULED PUBLIC STATEMENTS Mrs. Patsy Ladd, 3604 "K" Street, stated she has been bitten by seeing eye dogs while on City buses and has requested that Golden Empire Transit require the dogs be muzzled while on buses. Golden Empire Transit has stated they will only require muzzles if it becomes a City, County, State or Federal Law. Mrs. Ladd felt a law should be passed requiring all seeing eye dogs to be muzzled while on common carrier transportation. City Attorney Oberholzer stated he thinks there is special legislation in the area of seeing eye dogs and he is not familiar with it and would have to research the matter. Councilman Christensen requested a report on the matter of legislation on seeing eye dogs in regard to using public transporta- tion and also requested a report from Police Chief Price regarding the number of bites by seeing eye dogs during the last 4 to 5 years. Mr. Rich O'Neil, 6600 Desmond Court, stated in an ef£ort to improve and maintain a beautiful river corridor through Bakers- field, tile Kern River Foundation proposes to give 400 trees to the Bakersfield, California, September 28, 1983 - Page 2 City of Bakersfield to be planted by the Kern River Committee along the Kern River in the area of the Truxtun Avenue Extension, north and upstream from the Gosford Bridge to the Santa Fe Railroad Tracks. The Kern River Foundation has tentatively accepted a donation of 200 Cottonwood, 200 Sycamore and some Valley Oak Trees from a community member. The donation is subject to receiving permission from the City of Bakersfield to plant and maintain the trees in this area. In order to plant the trees in an attractive and man- ageable manner they are proposing to open the landscaping design to college and university architectural students in a contest. The contest will be judged by local professionals in that area. The Kern River Committee would like to coordinate the tree planting with other community service organizations. They plan to open a concept called "Adopt a Grove," whereby, all service committees would help with the planting and maintenance of the trees. The Council is requested to consider adopting a resolution supporting the concept of future donations by the Kern River Foundation of money and services to construct such projects as skating areas, bicycle paths, other tree plantings, maintenance of the Truxtun Avenue Lake, etc. Councilman Christensen congratulated the Kern River Park- way Committee for bringing this project, to enhance the Kern River Area, to the Council and made a motion to adopt a resolution supporting the concept as presented by Mr. O'Neil. Councilman Barton stated he supports the concept presented by Mr. O'Neil, however, there are some logistics in the placement of the trees due to levees, etc., and suggested that the matter be referred to the Water and City Growth Committee for coordination and development with the Kern River Foundation and Kern River Parkway Committee. In answer to a question by Councilman Barton, Mr. O'Neil stated the donor of the trees will hold them as long as the project moves forward in a positive direction. Bakersfield, California, September 28, 1983 - Page 3 Councilman Means suggested that the Committee consider planting the trees on any City property. He is not supportive of the trees just being planted between Gosford Road and the railroad tracks. Councilman Christensen amended his motion that the matter of planting and maintaining trees be referred to the Water and City Growth Committee for coordination and development with the Kern River Foundation and Kern River Parkway Committee. Mr. O'Neil stated the donor of the 400 trees specified that they be planted in the area along the Kern River from Gosford Road Bridge to the Santa Fe Railroad Tracks, however, they have other groups and individuals donating trees. Councilman Christensen stated he wanted to add to his motion that the Water and City Growth Committee consider, very seriously, adding other trees to other areas. Councilman Rockoff, Ratty and Payne indicated they feel the Council should bend to the wishes of someone who is willing to donate 400 trees to the City and plant them where he ~equested. Councilman Christensen's amended motion that the matter of planting and maintaining the 400 donated trees along the Kern River from Gosford Road Bridge to the Santa Fe Railroad Tracks be referred to the Water and City Growth Committee for coordination and develop- ment with the Kern River Foundation and Kern River Parkway Committee, and the Committee very seriously consider adding other trees to other areas, was unanimously approved. CORRESPONDENCE Upon a motion by Councilman Means, communication from Mr. Jim Antt, 1929 - 20th Street, dated September 19, 1983, regarding restrictions on smoking in public places, was received and referred to the Voucher Approval Committee. Upon a motion by Councilman Payne, communication from Golden Valley, ber 20, to High Density Inc., 4167 North Motel Drive, Suite 106, Fresno, dated Septem- 1983, requesting a General Plan Amendment from Medium Density for property located on the southeast corner of 40th 372 Bakersfield, California, September 28, 1983 - Page 4 and "Q" Streets, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Christensen, communication from the Greater Bakersfield Chamber of Commerce, 1000 Truxtun Avenue, Suite C, dated September 16, 1983, regarding the Chamber's endorse- ment of a proposed Agricultural Training Center for joint use by the Kern High School District and Kern Community College District, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from S. A. Camp Companies, P.O. Bin D, Shafter, dated September 26, 1983, on behalf of a partnership to be formed between S. A. Camp Companies and Tenneco Realty Development Corporation, requesting a General Plan Amendment from Low Density Residential to Commercial on 3.4 acres located north of Stockdale Highway and west of Coffee Road, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rockoff, communication from Richard S. Davis, 4646 Wilson Road, dated September 23, 1983, regarding his opposition to smoking controls in the work place, was received and referred to the Voucher Approval Committee. Upon a motion by Councilman Ratty, communication from Mary L. Hoggatt, Bakersfield Board of Realtors, P.O. Box 2306, dated September 26, 1983, regarding their opposition to the rezon- ing of Lakeview Avenue, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication from Clarence Westra, 4200 Boise Street, #12A, dated September 28, 1983, submitting his resignation from the Planning Commission, effective immediately, was received, resignation accepted and the Mayor was requested to send a letter of appreciation for his service to the City of Bakersfield. Bakersfield, California, September 28, 1983 - Page 5 COUNCIL STATEMENTS Councilman Rockoff stated it has been brought to his attention that the State voted that cities and local governments shall receive additional subventions. The resolution adopted by the Council several weeks ago pledged that should these funds be forthcoming, the Council would do everything necessary to reduce the Garbage Tax. City Manager Kelmar stated the charges stipulated in the Ordinance will have to be modified. Councilman Rockoff requested that an ordinance be drafted to reflect a reduction in the Garbage Tax by an amount equal to the additional subventions received from the State. City Attorney Oberholzer stated he would prepare an Emer-~ gency Ordinance and place it on the agenda for the Council Meeting of October 12, 1983. Councilman Rockoff stated a few months ago a constituent, whose back yard faces Freeway 178, complained of noise from that freeway. Staff contacted the State regarding noise abatement walls along freeways. The State has indicated that they no longer constract noise abatement walls in cases where homes are constructed after th.~ freeway is in existence. These City residents are looking to someo:~e for relief. Councilman Rockoff made a motion that the matter of the noise from Freeway 178 be referred to the Water and City Growth Committee for study and recommendation back to the Council for dis- cussion. Councilman Means stated Kern COG has reluctantly expended funds over the last Council may be able pursued. few years for to get a wall In answer to questions sound walls and suggested that the constructed if it is aggressively by Councilman Ratty, Fire and Development Services Director Needham stated a noise analysis or study is made along freeways, and if it is determined that the noise leve~i is above 65 decimals a mitigation measure will be taken to reduce the Bakersfield, California, September 28, 1983 - Page 6 effects of the noise. It does not necessarily have to be a wall. It can be in the home construction or some other type of mitigating measure, however, that is the time it is applied. The Planning Coramission will soon be given a draft of the Noise Element of the General Plan for study and recommendation to the Council. .~- Councilman Rockoff's amended motion that the matter of the noise from Freeway 178 be referred to the Water and City Growth Committee for study and recommendation and the Committee aggressively pursue requesting Kern COG to construct a sound wall, was unanimously approved. Councilman Christensen reminded the Council that August 28th was a very important date regarding placing the Garbage Tax on the tax rolls. Councilman Christensen asked how can the rate be changed at this time and what will that change cost the City. City Manager Kelmar stated, basically, by September 1st, by law the County has to adopt all charges, rates and taxes that appear on the tax rolls. That was the reason the exact figure had to be given to the County. That assessment cannot be changed on the tax rolls. Since the City is billing the commercial properties, the City can modify those bills to reflect the new rates. The City will have to refund the residential properties to the homeowners who paid the assessment on the tax bills. The subventions are received all during the course of the year, so the City will actually have to wait until the money is received before refunds can be made. It will probably be sometime in the early part of next year. In answer to a question by Councilman Barton, City Manager Kelmar stated the subvention to be received from the State will be $1,310,000, which is roughly a 50% reduction in the Garbage Collec- tion Fee. Councilman Rockoff stated the item brought to the Council by the Fair Housing Coalition was referred to the Budget Review and Finance Committee. Since that time the County referred this matter to their Intergovernmental Relations Committee and he felt it would be appropriate for the Council to reassign this matter to the Bakersfield, California, September 28, 1983 - Page ? Council's Intergovernmental Relations Committee to work with the County. Upon a motion by Councilman Rockoff, the matter of the Fair Housing Coalition was reassigned to the Intergovernmental Relations Committee. Councilman Means, during discussion, stated the Fair Hous- ing is an important issue that will have to be adfiressed and not over- looked by the Council. He hopes it will be done within the next six weeks and possibly before November 17, 1983. Councilman Payne, speaking on behalf of the Council, Mayor and staff, stated there are no words that can adequately express the sympathy felt for Mrs. William Sikola and her family in this time of grief. It is sincerely hoped, and he believes, that this community feels eternally grateful for the sacrifice made by Police Officer William Sikola and the sacrifices constantly being made by his fellow law enforcement officers day after day. They are willing and ready to make that supreme sacrifice on behalf of all citizens, if called upon to do so. It is hoped this fact is kept in mind the next time a citizen sees an officer performing his/ her duties. If at all possible that citizen should take the time to tell them how much, what they are doing on our behalf, is appreciat,~d and that their sacrifices are appreciated. It is at a time like thls · that it seems their compensation is less than adequate. Councilman Barton, referring to a memorandum from the Director of Water Resources Dow, dated September 28, 1983, regarding Reorganization of Agriculture and Domestic Water D~visions, stated they are requesting the deletion of one position and reclassification of others. After discussion, upon a motion by Councilman Barton, the matter of the reorganization of the Agriculture and Domestic Water Divisions, was referred to the Governmental Efficiency and Personnel Committee. Bakersfield, California, September 28, 1983 - Page 8 Mayor Shell commented on the Police Officers and their wives' participation in community activities and the decrease in the crime rate in the City of Bakersfield during the last year. Mayor Shell felt the efforts of the Police Officers contributed to that decrease and those efforts are really appreciated. This goes beyond their regular hazardous duty. Mayor Shell stated, while signing Certificates of Appre- ciation for employees who have served the City for 5 years or more, she noticed there were 3 certificates for persons who have worked for the City for over 20 years. Mayor Shell congratulated Planning Director Dewey Sceales, Police Captain Robert Patterson and Public Works Inspector Paul Allen. REPORTS Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 3-83 regarding Expansion and Upgrading of Wastewater Treatment Plant No. 3, as follows: The City of Bakersfield currently operates two Wastewater Treatment Plants with a combined treat- ment capacity of approximately 24 million gallons per day (MGD). The designed capacity of Wastewater Treatment Plant #3, in the Southwest, was originally 3.5 MGD. Pursuant to a staff report to the City Council in June, 1980, the capacity has been extended, through interim improvements, to 4.8 MGD and the plant currently provides secondary treatment to an average of 4.2 MGD. The existing capacity of Plant #3 is inadequate to serve proposed residential growth and the plant has had difficulty meeting the discharge requirements mandated by the state. Further, air pollution problems at Plant #3 have been mitigated by the March, 1983, separation of yeast waste discharges from the Anheuser-Busch plant. The June, 1980, report provided preliminary recommenda- tions for long range solutions by expanding and upgrad- ing Wastewater Treatment Plant #3 and further recom- mendations to address disposal of the effluent. Subsequent to referring the report to this committee for study and recommendations, staff has been work- ing with John Carollo Engineers in an effort to negotiate an agreement for engineering services for the expansion and upgrading phase. Bakersfield, California, September 28, 1983 - Page 9 This committee has met with City staff to dis- cuss and review the proposed agreement. We noted the proposed agreement provides engineer- ing and design services for a cost not to exceed $598,800. Preliminary estimates indicate this amount will be less than 6% of the cost of expand- ing and upgrading the plant and as such we con- sider that amount to be reasonable and acceptable. Effective July l, 1983, the City Council approved an increase in sewer connection fees from $100 to $850. The additional $750 in the connection fee was necessary in order to assist in the fund- ing of the expansion and upgrading of Wastewater Treatment Plant #3. Consequently, we took special note that the funding for the proposed engineering services agreement will be provided by the additional sewer connection fee of $750. Pursuant to our review and discussions, we concur with the proposed attached agreement and recommend the City Council approve and authorize the Mayor to execute. Upon a motion by Councilman Ratty, Water and City Growth Committee Report No. 3-83 regarding Expansion and Upgrading of Waste- water Treatment Plant No. 3, was accepted; and agreement with John Carollo Engineers for engineering services for the expansion and upgrading phase, was approved and the Mayor was authorized to execute the same. Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 4-83 regarding Sewer Farm Land Sale to High School District, as follows: Recently Mr. Don Murfin, Superintendent of the Kern County High School District, submitted a proposal to develop a Vocational Agricultural Training Center. He requested that the City explore the feasibility of making 80 acres of land at the City's sewer farm in the Southeast available to the Kern High School District. The matter was referred to the Water and City Growth Committee for study and recommendation. This committee has met with staff members to review the request. In our discussions, we noted the requested land is located on the east side of Mt. Vernon Avenue, approximately 1,000 feet south of Freeway 58. Pursuant to our discussions, the property has been appriased and is valued at $4,000 per acre. The exact size of the property is 76.97 acres, or a total value of $307,880. The City presently has a long term lease agreement with Gary Garone Farms for the property. Mr. Garone has agreed to release the land from the lease arrange- ment subject to certain conditions which are enumerated in his attached correspondence. During our discussions, Bakersfield, California, September 28, 1983 - Page l0 we agreed any cost incurred in complying with the conditions would have to be borne by the School District. The entire matter has been reviewed by the School District, and they have agreed to the appraised value as well as complying with and bearing the cost of the conditions requested by Mr. Garone. Therefore, we recommend the City Council direct the City Attorney to prepare the appropriate sale documents to be returned to the Council for approval. Further, so as to offset the annual revenue loss of $12,000 (annual rent currently paid by Garone Farms to the City's sewer enterprise fund), we recommend the City Council approve placing 50% of the proceeds in a reserve account in the sewer fund to be invested with other City funds. The City is currently earn- ing approximately 10% on its investments; conse~ quently, the reserved funds would generate approxi- mately $15,000. Upon a motion by Councilman Ratty, Water and City Growth Committee Report No. 4-83 regarding Sewer Farm Land Sale to High School District, was accepted; the City Attorney was directed to prepare the appropriate sale documents to be returned to the Council for approval; and to offset the annual revenue loss of $12,000 (annual rent currently paid by Garone Farms, on the land to be sold, to the City's sewer enterprise fund), the Council approved the placing of 50% of the proceeds in a reserve account in the sewer fund to be invested with other City funds. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 20-83 regarding Minority Business Development, as follows: Ms. Jo Perez from the Business Development Corporation has requested the Mayor recognize minority business in this area the first week in October, 1983. Additionally, Ms. Perez requested that the City Council act on a Memorandum of Understanding between the City and minority businesses. The matter was referred to the Business Development and Parking Committee for study and recommendation. This committee met with members of City staff and invited Ms. Jo Perez to participate in our dis- cussions. During our discussions with Ms. Perez, we noted the City is legally obligated to award contracts and make purchases with the lowest responsible bidder. We agreed it is important to recognize and, where possible, "do business" with minority businesses; however, it is the City Council's obligation to Bakersfield, California, September 28, 1983 - Page ascertain the taxpayers of the City acquire its goods and services for the lowest possible price. Further, we noted the City makes it a practice to continually update its list of prospective bidders, suppliers, and contractors so as to include minority businesses. As a matter of practice, requests for proposals are forwarded to minority businesses within a 100-mile radius of the City of Bakersfield, including the Los Angeles area. We therefore recommend the City Council adopt the attached resolution recognizing minority businesses in this area the first week in October, 1983. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 20-83 regarding Minority Business Development, was accepted. Adoption of Resolution No. 121-83 of the Council of the City of Bakersfield Supporting Minority Enterprises. Upon a motion by Councilman Barton, Resolution No. 121-8Z of the Council of the City of Bakersfield Supporting Minority Enterprises, was adopted by the following roll call vote: Ayes Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Noes None Absent: None Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 26-83 regarding Data Processing Police Systems, as follows: Over the years, the Police Department has come to use more of the services offered through the City's Data Processing Department. Recently, the Council and City staff have recognized the need to expand the City's data processing capa- bilities in order to accommodate the ever- increasing need of the Police Department for additional assistance in information offered by electronic data processing. In the past year, staff members from the City Manager's Office, the Police Department, and Data Processing have visited cities, counties, police and sheriff departments, as well as reviewed software packages offered for sale. Recently, the Kern County's Sheriff's Depart- ment embarked upon a program of developing and implementing a "complete package" of police services on a dedicated computer system. County data processing and Sheriff's personnel met with 380 Bakersfield, California, September 28, 1983 - Page 12 City staff to review their plans for their data processing system. It was noted the County is pro- ceeding with the various systems and the systems will be available to all the cities in the County through terminals tied into the County's computer. Additionally, we noted the County has offered the City the opportunity of participating in the development stage if the City wishes to avail it- self of the police systems upon completion. This committee has met with the Police Chief to discuss the matter. We concur with the Police Chief in that the information which will be avail- able through the Kern County Sheriff's Office computer far surpasses what would be practical for the City to develop on its own. It appears our principal costs will be for the acquisition of any terminals we may need to access the Sheriff's computer. This committee recommends the City Council direct the Police Chief to work with Kern County personnel in the development of their computerized police information systems. We further recommend the City Council adopt the attached resolution so reflecting our desire to participate with the County. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 26-83 regarding Data Processing Police Systems, was accepted; and the Police Chief was directed to work with the Kern County personnel in the development of their computer- ized police information systems. Adoption of Resolution No. 122-83 of the Council of the City of Bakers- field directing the Chief of Police to participate with the Kern County Sheriff's Office in planning a Com- puterized Record and Dispatch System. Upon a motion by Councilman Rockoff, Resolution No. 122-83 of the Council of the City of Bakersfield directing the Chief of Police to participate with the Kern County Sheriff'~ Office in planning a Computerized Record and Dispatch System, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None Bakersfield, California, September 28, 1983 - Page City Attorney Oberholzer reported that on August 24, 1983, the Council certified the Environmental Impact Report prepared for the City's 2,800 acre groundwater recharge basin along the Kern River. That E.I.R. dealt with the spreading and extraction activi-;ies that might be carried on in that facility. On August 24, 1983, a time period of 30 days began in which persons could make a legal challenge to the E.I.R. Last week Rosedale-Rio Bravo legal counseL, Mr. Palmer, raised a question in interpretation within the E.I.R. During the course of his concerns he felt the only remedy would be to file an action in court, if necessary, to get that clarified unless it could be clarified. His concerns dealt with the fact of whether the E.I.R. covered extractions outside the 2,800 acres and outside the Kern River Canal right-of-way. The E.I.R. does not cover that particular area and there was no intent on the City's part that it should cover it from the aspect that the Council would look at any other extractions from an environmental analysis stand- point. There would be an environmental analysis performed on extrac- tions outside of that area, although the E.I.R. does speak of extrac- tions to the groundwater basin. A letter has been prepared by legal counsel for the Water Department that clarifies that position. It, basically, does not change the E.I.R. It simply clarifies it so they have an understanding and there is no necessity for them to proceed to court to challenge the E.I.R. It is requested that the Council authorize the Mayor to execute the letter to be sent to Mr. Palmer, with copies to the appropriate parties. Upon a motion by Councilman Barton, letter prepared by th.~ Water Department's legal counsel clarifying a position in regards to the Environmental Impact Report for the City's 2,800 acre ground.- water recharge basin, was approved and the Mayor was authorized to execute same and forward to appropriate parties. Bakersfield, California, September 28, 1983 - Page 14 CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 959 to 1344, inclusive, in the amount of $1,786,665.32. (b) Claim for Damages and Personal Injuries from Edwin Frye, 10210 Rosedale Highway, Bakersfield. (Refer to City Attorney) c) Claim for Damages and Personal Injuries from Mary Ann Clayton, 2725 California Avenue, Bakersfield. (Refer to City Attorney) d) Claim for Damages from Percy and Lola Billingsley, 807 "Q" Street, Bakersfield. (Refer to City Attorney) e) Claim £or Damages from Kenneth Farnsworth, 6001 College Avenue, Bakersfield. (Refer to City Attorney) f) Claim for Damages from Shaun Thomas Mee, 3501 Bryn Mawr Drive, Bakersfield. (R~fer to City Attorney) (g) Claim for Damages from General Motors Acceptance Corporation, 2323 Foothill Drive, Salt Lake City, Utah. (Refer to City Attorney) (h) Claim for Damages and Personal Injuries from Jean Claudette Smith, 305 "F" Street, Bakersfield. (Refer to City Attorney) (i) Landscape and Public Utilities Easements from Tenneco Realty Development Corporation. Landscaping easement required for Tract No. 4576, located south of District Boulevard and west of Gosford Road. Public Utilities Easement required by the Planning Commission for Parcel Map No. 6790, located at the southeast corner of Truxtun Avenue and Mohawk Street. (J) Improvement Agreement, Road Easements, Public Utilities Easement and Flowage and Storm Drain Easements from Tenneco Realty Development Corporation for Parcel Map No. 6791, providing for construction of improvements, widening of Truxtun Avenue and Mohawk Street, dedication of Truxtun Plaza West and Truxtun Plaza East, Public Utilities and Flowage and Storm Drain Easements, as required by the Planning Commission for Parcel Map No. 6791, located south of Truxtun Avenue, west of Mohawk Street. Bakersfield, California, September 28, 1983 - Page 15 (k) (1) (m) (n) (o) (p) (q) (r) Map of Tract No. 4618 and Improvement Agreement with Barratt Northern Cali- fornia, Inc., for construction of improvements therein, located on the north side of Fairview Road between South "H" S~reet and South Union Avenue. Map of Tract No. 4624 and Improvement Agreement with Highlands Real Estate Corporation for constructio~ of improve- ments there in, located north of Auburn Street, west of LaCosta Street. Map of Tract No. 4634 and Improvement Agreement with Parkwest, a Limited Partnership, c/o Penstar, General Partner, for construction of improve- ments therein, located on north side of White Lane between Stine Road and Akers Road; and Street Right-of-Way Deed from Parkwest for dedication of Dovewood Street between White Lane and Alum Avenue. Notices of Completion and Acceptance of Work on: Modification of Traffic Signals at White Lane and Wible Road, Contract No. 83-54 with Webb Electrical Corporation. "F" Street Signal Modifications at 30th and 18th to 23rd Streets, Contract No. 83-20 with Webb Electrical Corporation. Application for Encroachment Permit from Peter P. Mosesian, 7700 E1 Verrano Drive, Bakersfield, for construction of 4 raised brick planters, approximately 2 feet high, located 3 feet behind curb on east side of "K" Street north o£ 17th Street. The Design Review Board recommended approval at their meeting of September 6, 1983. Application for Encroachment Permit from Juan Ramirez, 2800 Eissler Street, Bakers- field, for construction of a 38 inch high masonry retaining wall/fence along the south property line to back of sidewalk and a 4 foot high open wrought iron fence with masonry columns along back of side- walk at 2800 Eissler Street. Application for Encroachment Permit from Adrianes Kranenburg, 7512 Wide Loop Road, Bakersfield, for construction of a 6 foot fence and 16 inch high retaining wall along back of sidewalk on Setter Street at 600 North E1 Rio Drive. Plans and Specifications for Parking Lot at Saunders Park as required for construc- tion of a new fire station. Bakersfield, California, September 28, 1983 - Page 16 (d), (e), (q), (r), following Ayes: (s) (t) Plans and Specifications for repair work on Secondary Digester at Wastewater Treat- ment Plant No. 2. Request by Motorola Communications and Electronics for a 120-day extension of time, from August 29, 1983, on Agreement No. 83-120 for delivery of equipment. Upon a motion by Councilman Means, Items (a), (b), (c), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (s) and (t) of the Consent Calendar, were adopted by the roll call vote: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Ratty, bid of Abate-A-Weed, in the amount of $11,850, for Annual tion, was accepted and the Mayor was contract. Upon a motion by Contract for Chemical Applica- authorized to execute the Councilman Ratty, bid of Alcorn Fence, in the amount of $9,700, for Metal Beam Guard Rail at various locations, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price with SICO Incorporated for Seven Portable Stage Risings and Seven Enclosure Drapes for the Civic Auditorium, not to exceed the budgeted amount of $12,500. Upon a motion by Councilman Christensen, low bids of Long Beach Iron Works (2 line items), in the amount of $91,120, and Clow Corporation (4 line items), in the amount of $31,908.80, for Fire Hydrants and Burys, were accepted and the other bid rejected. Bakersfield, California, September 28, 1983 - Page 17 Upon a motion by Councilman Payne, low bid of Hopper Camera, in the amount of $6,245.14, for Camera Film Stock, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2875 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 both sides of Brentwood Drive, north of Niles Street and making findings in connection with a P.U.D. Zone. The application for this amendment was made by L.A.B. Development and would change subject properties from an R-1 (One Family Dwelling) and R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zones to a P.U.D. (Planned Unit Development) Zone, containing 173 units consisting of 5 one-story fourplex unitE:, 18 two-story eightplex units and 9 single family dwellings. The Planning Commission recommended approval of this amend- ment, subject to 20 additions to the plan. Upon a motion by Councilman Rockoff, Negative Declaration and Ordinance No. 2875 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 both sides of Brentwood Drive, north of Niles Street and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None Adoption of Ordinance No. 2876 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 4032 "O" Street and making findings in connection with a P.U.D. Zone. Bakersfield, California, September 28, 1983 - Page The application for this amendment was made by Robert King and would change subject property from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone, consisting of 43 two-bedroom townhouse units, 1 one-bedroom handicapped unit and a recreation area with swimming pool. The Planning Commission recommended approval of this amendment, subject to 24 additions to the plan. Upon a motion by Councilman Rockoff, Negative Declaration and Ordinance No. 2876 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 4032 "O" Street and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None Adoption of Ordinance No. 2877 New Series of the Council of the City of Bakersfield amending Section 17.22.020 B. and adding Chapter 17.69 to the Bakersfield Municipal Code relative to Adult Entertainment Establishments. Upon a motion by Councilman Barton, Ordinance No. 2877 New Series of the Council of the City of Bakersfield amending Section 17.22.020 B. and adding Chapter 17.69 to the Bakersfield Municipal Code relative to Adult Entertainment Establishments, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None Bakersfield, California, September 28, 1983 - Page 19 NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of those certain properties in the City of bakersfield located on theeast side of Stine Road, 800 feet south of Harris Road. The application for this amendment was made by Sami C. Srour and would change subject properties from an "A" (AgriculturaL) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission recommended approva~ of this amend- ment. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the east side of Stine Road, 800 feet south of Harris Road. Approval of Lease Agreement between the City of Bakersfield and Milton Younger and Curtis Darling for lease of certain real property containing a parking structure, which includes two hundred fifty-six parking spaces located at "K" and 17th Streets. This lease agreement will allow the purchasers of the garage to operate the garage and construct the additional floor now, rather than waiting until the sale is completed. Upon a motion by Councilman Christensen, Lease Agreement between the City of Bakersfield and Milton Younger and Curtis DArliag £or lease of certain real property containing a parking structure, which includes two hundred fifty-six parking spaces located at "K" and 17th Streets, was approved and the Mayor was authorized to execute same. First reading of an Ordinance of the Council of the City of Bakersfield amending Ordinance No. 2848, New Series, to correct boundary descrip- tion of property rezoned thereby. Bakersfield, California, September 28, 1983 - Page 20 This ordinance amends the legal description of a prior ordinance rezoning property at the northwest corner o£ White Lane and Wible Road. As the revised description is consistent with the map used in the rezoning proceedings and the record of those proceedings demonstrates that the revised description accurately reflects the rezoning action taken, this ordinance may be adopted without referral to the Planning Commission or hearing. First reading was considered given an Ordinance of the Council of the City of New Series, to correct thereby. This is the time Uakersfield amending Ordinance No. 2848, boundary description of property rezoned HEARINGS set for hearing before the Council on an Appeal by John A. Goldsborough, Remuda Corporation, to the decision of the Planning Commission denying their request for a Special Sign Permit for a roof sign and recommendation that the monument sign be permitted with a maximum height of six feet no less than fifteen feet from the flow line, on that certain prop- erty commonly known as 4104 California Avenue. Existing freestanding identification and monument signs for the shopping center development exceed the number and area allowed by ordinance. Luthers is a part of the shopping center, therefore, the requested monument sign requires a Special Permit. The Planning Commission granted the monument sign with excessive area (37½%), but determined that the height of the sign should be lowered to six feet to reduce the visual impact of the excessive area. Roof Signs are prohibited by ordinance and all existing roof signs are to be removed by July 14, 1986. The ordinance allows the Planning Commission to grant a Special Permit for a roof sign if there is a lack of sufficient alternative sign locations, but not in addition to a freestanding or monument sign. The Planning Bakersfield, California, September 28, 1983 - Page 21 Commission determined there exists sufficient locations, and freestanding or monument sign. application for the roof sign was denied. alternative sign Therefore, the Mayor Shell declared the hearing open for public partici-- pation. Mr. Mike Rathbun, Mr. John A. Goldsborough, Remuda Corporation, stated Mr. Ad Art Sign Company would speak on his behalf. Rathbun, Ad Art Sign Company, stated they feel a 6 foot sign is a little low, because of the traffic on California Avenue and it is very hard to see a 6 foot sign. They are surrounded by 8 foot signs and it is not a detriment to the beauty of the City. Some of the signs are not 8 foot tall, but are on mounds. They are on a flat parcel of property and the ground next to the side- walk is level with the sidewalk. Most of the surrounding signs are 8 or 9 feet tall from the sidewalk level and they feel they should be granted an 8 foot sign also. The roof on this building was built lower than normal to give a rustic old-time effect and they would request permission to erect a roof sign half of the previously requested size, which will contain the corporation logo. Mr. Rath- bun presented the Council with pictures of the building being con- structed on California Avenue. 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. In answer to a question by Councilman Ratty, Mr. Rathbun stated they were originally granted a large 6' x 3' sign on the face of the building, but they would rather have one half that size on the roof line, in lieu of the one shown on the building. Councilman Ratty made a motion to uphold the decision of the Planning Commission and deny the request of John A. Goldsborough, Remuda Corporation, for a Special Sign Permit for a roof sign on property commonly known as 4104 California Avenue. Bakersfield, California, September 28, 1983 - Page 22 Mr. Goldsborough stated the Planning Commission told him he has two roof lines, with the balcony and roof. The sign now being proposed will not protrude over the top roof line. It will be mounted adjacent to the canopy of the building. Councilman Ratty's motion to uphold the decision of the Planning Commission and deny the request of John A. Goldsborough, Remuda Corporation, for a Special Sign Permit for a roof sign on property commonly known as 4104 California Avenue, carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Christensen, Means, Rockoff Payne, Ratty, None None Assistant Planning Director Hardisty stated the Planning Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None Commission acknowledges that the neighboring sign, although 8 feet high, has a rounded shape. The Planning Commission takes into con- sideration the height, width, bulk and location of all monument signs that are propsed for Special Sign Permits. In this case, they felt by granting the additional size that the height should be limited to 6 feet to mitigate the impact it might have as an imposing structure near the roadway or parking area. After discussion, upon a motion by Councilman Ratty, decision of the Planning Commission recommending that the monument sign be permitted with a maximum height of six feet no less than fifteen feet from the flow line, on that certain property commonly known as 4104 California Avenue was upheld, by the following roll call vote: Ayes: Councilmen Bakersfield, California, September 28, 1983 - Page 23 Councilman Means stated the Budget Review and Finance Committee met with several members of the Planning Commission and they expressed concern about the Council overturning their decisions and not knowing the reasons. That will always be the case, because when items are appealed to the Council the final decision rests with the Council. On the other hand, it would go a long way in improving communications with the Planning Commission if a representative wa~ invited to attend the Council Meetings to be available to explain their discussion and motions. It would go a long way in letting them know the Council relys heavily on what they say, although the Council may not always agree with them. Upon a motion by Councilman Means, staff was requested to formally invite one or more members of the Planning Commission to attend relevant Council motions. Meetings to explain their discussions and CLOSED SESSION Upon a motion by Councilman Christensen, the Council recessed to a Closed Session at 8:40 P.M., to discuss Litigation. The regular meeting was reconvened at 9:09 P.M. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:10 P.M. ATTEST: City oi~Bakersfield, Calif. CIT ~x Offici~ Clerk of the Council of the City of Bakersfield, California cw/ma