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HomeMy WebLinkAboutJAN - MAR 1982Bakersfield, California, January 6, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., January 6, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and a moment of silent prayer. The City Clerk called the roll as £ollows: Present: Mayor Shell. Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Absent: None Minutes of the regular meetings of December 9 and 16, 1981, and joint public hearing of December 16, 1981, were approved as presented. CORRESPONDENCE Upon a motion by Councilman Payne, communication from Russ Cirlincione, Owner of the Tool Shack, 2801A Brundage Lane, appealing the Planning Commission's denial of his request for a Special Sign Permit, was received and referred to the City Attorney for response. Councilman Christensen made a motion that the communi- cation from Cox Cable of Bakersfield, dated December 16, 1981, giving notice of intention to raise their service rates within the City be received and ordered placed on file. Councilman Rockoff asked if by placing this on file would the Council have the power to review the rates charged by Cox Cable TV of Bakersfield. City Attorney Oberholzer stated, as he recalls, the rate increase becomes automatic after it is placed on file by the City Council. However, the Council has the right to go back to regu- lating rates if it is determined to be necessary. The Council deregulated rates several years ago. Councilman Rockoff stated prior to placing this on file he would like more time to review the rates. 844 Bakersfield, California, January 6, 1982 - Page 2 City Attorney Oberholzer stated during the 30 day waiting period, before the new rates become effective, the Council will have an opportunity to review them and can institute regulations on the cable companies. Councilman Christensen's motion that the communication from Cox Cable of Bakersfield, dated December 16, 1981, giving notice of intention to raise their service rates within the City be received and ordered placed on file, was approved. Upon a motion by Councilman Rockoff, communication from Bakersfield Checker Cab Co., Inc., dated December 29, 1981, giving notice of establishment of rates pursuant to Section 7.52.190 (new Section 5.50.200), of the Municipal Code of the City of Bakersfield, was received and ordered placed on file. Upon a motion by Councilman Means, communication from State Energy Commission, dated December 15, 1981, submitting a draft model Wind Ordinance to assist local governments in estab- lishing their own local permit process for wind energy projects, was received and referred to the Energy Committee. Upon a motion by Councilman Means, communication from L. W. Potter Trucking Company, dated December 30, 1981, regarding their request of December 10, 1981, for an amendment to the General Plan and zone change to R-3-PD on property located at 403 Real Road and the requirement of a 90 foot wide western extension of Palm Street through the center of said property, was received and referred to the Planning Commission for study and recommendation. increase in which City Attorney Oberholzer stated, for Cox Cable TV of Bakersfield, to set a public hearing, however, in regards to the rate the Council has 30 days the rates are effective on February 1, 1982, as stipulated in their letter. It would be appropriate, if the Council so desires, to set the date for a noticed public hearing to ho~d the rates from becoming effective on that date. Bakersfield, California, January 6, 1982 - Page 3 Upon a motion by Councilman Rockoff, January 20, 1982, was the date set for a public hearing regarding rates of Cox Cable TV of Bakersfield and Bakersfield Checker Cab Co., Inc. (The date for the public hearing regarding rates of Cox Cable TV was rescinded later in the Council Meeting.) COUNCIL STATEMENTS Mr. Tommie Townsend, 4209 Akers Road, stated early in 1981 he was involved in a Rehabilitation Program under the New Construction Incentive Program and it was decided by the Council that no developer would have more than l0 units. He is present tonight to request an additional l0 units, which HUD has set a deadline of March 31, 1982, for exercising his Section 235 commit- ment. Upon a motion by Councilman Rockoff, request of Tommie Townsend for an additional l0 units under Section 235 - New Construction Incentive Program, was referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Payne, hearing on an Appeal by Michael J. Callagy to the decision of the Board of Zoning Adjustment denying his application requesting Modification of an R-1 (One Family Dwelling) Zone to permit the reduction of the required front yard setback on each residential lot within Tentative Tracts 4404, 4405, 4406 and 4407 from 25 feet, and to allow a six- foot high continuous masonry wall as required along Paladino Drive, was rescheduled from January 13, 1982 to January 20, 1982. Councilman Rockoff commented on a memo from the Director of Public Works regarding the methane gas problem at the County Dump along the Panorama Bluffs. The memo indicated that the County has let a contract for an engineering service investigation on the nature of the problem and lay out permanent monitoring probes along the entire southerly boundary of the landfill. In answer to a question by Councilman Rockoff, Director of Public Works Hawley stated at this point in time he has no idea Bakersfield, California, January 6, 1982 - Page 4 Amendment Election, Election on June 8, January 20, 1982. what the results of the study will be, but the report should be completed within 6 weeks. Councilman Rockoff stated several months ago he requested staff to conduct a light brilliance observation on the softball fields along Route 178. It appears there are two banks of lights causing the problem and as soon as the softball season starts again the Traffic Authority will retest them to make sure they are not causing a traffic hazard. Councilman Rockoff requested the Traffic Division of the Police Department to investigate some of the traffic problems on Panorama Drive, people are using that street as a speedway. He also stated they are running the stop sign at the intersection of Wenatchee Avenue and Panorama Drive and requested that it be monitored. Councilman Rockoff asked Police Chief Price if by the next Council Meeting he could make comments and give advice on the Bakersfield Crime Commission's Report so the Council can take action on some of the recommendations. Chief Price stated they would draft some information regarding their findings and furnish it to the Council by the meeting of January 20, 1982. Upon a motion by Councilman Rockoff, the City Clerk was directed to place the necessary documents to call a Special Charter to be consolidated with the State Primary 1982, on the Agenda for the Council Meeting of about ment, Councilman Means stated he wanted to remind the Council reconvening the Charter Review and Advisory Commission. REPORTS City Manager Kelmar reported on the Downtown Redevelop- as follows: One of my primary goals, upon assuming the position of City Manager, was to bring the issue of the Downtown Shopping Mall to the Bakersfield, California, January 6, 1982 - Page 5 point where once and for all a decision could be made as to whether a project was viable in conjunction with the City's developer, J. S. Griffith & Company. I felt the issue had been given more than ample time and more than enough investment of funds by the Redevelopment Agency to determine whether the City had a project. I recognize many different problems occurred through the years, however, eight or nine years would certainly appear to be more than a reasonable period of time for the developer to perform. In addition, over the last three or four years, the Redevelopment Agency's ability to deal with other revitalization issues has been hampered as the Agency's resources have been committed to the Shopping Center Project. In my opinion, this becomes particularly critical as it relates to the issue of parking. It has become very evident that the private sector's ability to develop new projects downtown is severly restricted because of the high cost of pro- viding parking in relation to these costs in outlying areas. In order to have a viable downtown, the public sector must become a partner in providing parking to encourage the revitalization of existing structures and encourage new development, thus allowing the downtown to compete. Therefore, I would like to propose the following: As a result of the notification to the City by Mr. Dean Wolfe of the May Company during the week of December 25th, that May Company did not desire to participate in the pro- posed Downtown Shopping Mall, the developer does not have a financially viable project and thus will be unable to obtain financing to perform its obligation under the Joint Development Agreement, as provided in the Redevelopment Implementation Agreement No. 3-81. Consequently, it is recommended the Council find that the developer cannot financially perform and, therefore, future proceedings under this Joint Development Agreement be terminated and that the Redevelopment Agency be instructed to retain the $500,000 deposit until such time as the developer provides justification for the return of the deposit. The staff be instructed to complete the Downtown General Plan as expeditiously as possible and no further negotiations re- garding a Downtown Shopping Mall be con- ducted until the plan is completed and accepted by the Redevelopment Agency and City Council. With the additional staff being employed to work on the plan, it should be completed in four to five months. However, if a 848 Bakersfield, California, January 6, 1982 - Page 6 Downtown Shopping Center is still a priority at this time, the Council may want to allow for proposals to be submitted while the plan is being completed. In this regard, I must also state that over the past few weeks individuals in the community have represented to me the intent of the Hahn organization in talking to the City regarding downtown development, but only if the City's ties to J. S. Griffith & Company are ended. In order to facilitate new development and assist existing properties in the downtown area, the City Council's Business Develop- ment and Parking Committee and Redevelop- ment Agency's Parking Committee jointly explore the concept of modifying the parking requirements in the Redevelopment Project Area and the concurrent utilization of a Parking Assessment District and Revelopment Agency resources for the purpose of constructing parking structures in appropriate locations. These are actions which I consider appropriate at this time, however, the staff is seeking policy guidance in regards to this issue of downtown redevelopment and will act as the Council directs. Mayor Shell announced that Councilman Payne would not participate in the discussions or actions regarding downtown redevelopment due to a real or imaginary conflict of interest. Councilman Means stated if downtown is going to be revitalized a major retail center is needed in order to keep it alive and that should be the first priority. Other options should be discussed by the City's economic development staff and presented to the Council. The plan for downtown needs to be vigorously pursued and, hopefully, completed by May 1, 1982. The Council and staff needs to pursue input from the public regarding what is going to happen to the downtown area and whether or not they want a mall. The people in the downtown area should agree on a project that will do the things for the downtown area that they want to see happen. Representatives from the Chamber of Commerce, Downtown Business Association and interested parties should meet with staff in the discussions on the plan for downtown. Submission of proposals for the downtown area should be open to everyone, including Griffith Company. Bakersfield, California, January 6, 1982 - Page 7 Councilman Barton stated he agrees with Councilman Means' remarks and thinks it is vital to all the citizens of Bakersfield that the Council continue some kind of action to redevelop down- town and a shopping center type of development would be viable. Councilman Barton stated he is concerned because the Council does not have written documentation regarding the official position of John S. Griffith & Company's proposal for the downtown area. City Attorney Oberholzer stated the City has not received anything in writing, however, the City Manager has received a report from May Company and spoke to representatives of John S. Griffith & Company. Within City Manager Kelmar's recommendations is the fact that the City will retain the $500,000 deposit until such time as John S. Griffith & Company come back with a justification for returning it. At that time they should present a written response to the City as to what happened to the negotiations with May Company. Councilman Barton stated he would like not only a report back from John S. Griffith & Company, but also from the Redevelop- ment Agency and staff outlining the City's legal obligation regarding the whole matter of the deposit and when it can be terminated. He would also support the Council establishing a policy, tonight if legally possible, allowing proposals to be submitted by any developer. City Manager Kelmar stated first action would have to be taken to terminate the agreement with John S. Griffity & Company. City Attorney Oberholzer stated the appropriate action would be the finding that the developer can no longer financially put together this package because of the withdrawal of May Company. Based upon that finding, the Council is recommending to the Rede- velopment Agency that there will be no further proceedings on the Joint Development Agreement and that they retain the deposit until such time as the developer justifies the return of said deposit. After making those findings the Council would be free to proceed and open it up to anyone they wanted to. Bakersfield, California, January 6, 1982 - Page 8 Councilman Barton without some kind of formal Company or May Company that asked if the Council could proceed document from John S. Griffith & states they can no longer participate. City Attorney Oberholzer stated the Council is actually taking formal action if they adopt those findings that the infor- mation the City has indicates the May Company is out and John S. Griffith & Company is no longer financially able to put together the package. It would be incumbent upon the developer to come back to the Council and indicate the information the City has is in- correct. The Council's information comes from good sources that can be relied on and proceed as though it is valid and authoritative. Councilman Ratty stated the Council should go on record setting the first priority as supporting the concept of a downtown mall and pursue that while going ahead with the overall plan. A vigorous agreement with the Downtown Business Association for parti- cipation in the Downtown Parking District should be pursued. Councilman Ratty made the following motion: Whereas, the Griffith Company is without a formal agreement on projected downtown mall development, and; Whereas, the Griffith Company is no ~onger financially able to complete its obligation under the present Joint Development Agreement, and; Whereas, the City of Bakersfield is desirous of a shopping mall in the downtown area, there- fore, let it be resolved, that the Bakersfield City Council go on record as directing the Redevelopment Agency to pursue the concept, a new agreement, of a shopping mall in the down- town area with all interested developers while staff completes its development plan for the area. Councilman Rockoff stated he agrees with what the Council must be ready to has said tonight, however, itself. The Council must The Counci~ has to commit everyone commit understand the realities of redevelopment. itself to the use of Eminent Domain, because it is very probable redevelopment of downtown will require it. The Council will have to commit itself to the use of bond Bakersfield, California, January 6, 1982 - Page 9 financing, because without it downtown cannot be redeveloped. The Council must understand what they are committing when they vote for the motion. Councilman Rockoff stated he will vote for the motion, because it is the only salvation for the downtown area. The Council should understand and be committed so the City can go forward. The people in the Redevelopment Area will understand th~ the Council is going forward and they will be out of the state of limbo. Councilman Christensen stated he wholeheartedly agrees that the plan with John S. Griffith & Company should be wiped out, because the City has flirted with them long enough. The City has inhaled enough smoke in their lungs to have financial emphysema. This has been going on for years and years. The Council should continue and look at the General Plan. If private enterprise is going to carry the ball that is great. If the taxpayers are involw~d it should be submitted to them for approval or disapproval. Councilman Strong stated, for the record, in the past he has been committed to the revitalization of downtown and is to this date. He feels the efforts made in the past were not well planned and in most instances not in the best interest of the taxpayers. The record will show his opposition has been clearly documented. He is not against Eminent Domain proceedings. What he is against, is the haphazard use of that tool by the City. The City has not l~oked g~od in this situation. The whole process has been extremely expensive and there is no excuse for it, except for the fact that the whole Redevelopment process has not been clearly planned and the City has no clear sense of direction. Again, for the record, his position has been for the development of a comprehensive plan for downtown revitalization, so the Council and residents know exactly where ~hey ~e going, what it will cost and who will shoulder the cost. That is not asking too much and at this particular juncture the City would be derelict if it took any other position. All these years and we have ended up just like we are tonight, Bakersfield, California, January 6, 1982 - Page 10 frustrated and without a clear sense of direction. To talk about a downtown mall, again, without a downtown plan of revitalization is ludicrous and stupid. There has been a lot of things proposed and it is hoped the Council will entertain a division of some of it, so the Councilmen who have opposed this process in the past will not have to vote on portions they do not want to vote on. Councilman Strong stated he did not vote to accept the $500,000, and he does not want to vote on giving it back. He is committed to the revitalization of downtown and would be willing to vote on any decision the Council makes regarding pursuing development of a comprehensive plan and involving another developer that will be capable of bringing about that plan. Mr. Rollie Moore, President and representing the Greater Bakersfield Chamber of Commerce, recommended that the Council consider continuance of the downtown mall concept. The Chamber strongly feels the only way the City will have a viable downtown is if the mall gets off the ground. They endorse the positive comments of the Council and City Manager Kelmar. The Chamber stands ready and eager to assist in any way, with their expertise, in the study of downtown planning and concept of the mall. Councilman Barton stated he would still like a written report from the Redevelopment Agency on the facts regarding the termination of the Joint Development Agreement with John S. Griffith & Company or Daon Corporation, whenever possible. Councilman Christensen offered a substitute motion, amending Councilman Ratty's motion, that the Redevelopment Agency be directed to pursue the concept of a shopping mall in the downtown area with all interested developers, except John S. Griffith & Company, while staff completes its development plan for the area and furnishes the Council a financial breakdown for all the costs incurred while the City was associated with John S. Griffith & Company. Bakersfield, California, January 6, 1982 - Page During discussion Councilman Ratty withdrew his motion and Councilman Christensen withdrew his substitute motion. Councilman Rockoff made a motion that due to findings of the staff John S. Griffith & Company be found in breach of the Joint Development Agreement, finding that the developer, as a result of the information with respect to May Company withdrawing, was no longer financially able to perform under the Joint Develop- ment Agreement and the Redevelopment Agency staff be instructed to retain the $500,000 deposit until such time as the developer pro- vides justification for the return of that money. Councilman Strong requested a division of the question in order to vote on the motion regarding the Joint Development Agreement separately from retaining the $500,000 deposit. Councilman Rockoff's motion that due to findings of the staff John S. Grif£ith & Company be found in breach of the Joint Development Agreement, finding that the developer, as a result of the information with respect to May Company withdrawing, was no longer financially able to perform under the Joint Development Agreement, was approved by the following roll call vote: Ayes Councilmen Strong, Barton, Christensen, Means, Ratty, Rockoff Noes None Absent: None Abstaining: Councilman Payne Councilman Rockoff's motion that the Redevelopment Agency staff be instructed to retain the $500,000 deposit until such time as the developer provides justification for the return of that money, Ayes: Noes: Absent: Abstaining: was approved by the following roll call vote: Councilmen Barton, Christensen, Means, Ratty, None None Councilmen Strong, Payne Rockoff Bakersfield, California, January 6, 1982 - Page Councilman Ratty made the following motion: Whereas, the Griffith Company is without a formal agreement on projected downtown mall development, and; Whereas, the Griffith Company is no longer financially able to complete its obligation under the present Joint Development Agreement and; ' Whereas, the City of Bakersfield is desirous of a shopping mall in the downtown area, there- fore, let it be resolved, that the Bakersfield City Council go on record as directing the Redevelopment Agency to pursue the concept, a new agreement, of a shopping mall in the down- town area with all interested developers while staff complete its development plan for the area. Councilman Christensen offered a substitute motion, amending Councilman Ratty's motion, that the Redevelopment Agency be directed to pursue the concept of a shopping mall in the down- town area with all interested developers, except John S. Griffith & Company, while staff completes its development plan for the area, failed to carry by the following roll call vote: Ayes Noes Absent: Councilman Christensen Councilmen Strong, Barton, Means, None Ratty, Rockoff Abstaining: Councilman Payne Councilman Strong, in clarifying his negative vote, stated the plan Dr. Ratty speaks of should come before any concept of a shopping mall. Councilman Ratty's motion that the City Council go on record as directing the Redevelopment Agency to pursue the concept, a new agreement, of a shopping mall in the downtown area with all interested developers while staff completes its development plan for the Ayes: Noes: area, was approved by the following roll call vote: Councilmen Barton, Means, Ratty, Rockoff Councilmen Strong, Christensen Absent: None Abstaining: Councilman Payne Bakersfield, California, January 6, 1982 - Page 13 Councilman Strong stated he voted in the negative because the plan Dr. Ratty speaks of should come before any concept of a shopping mall. Councilman Means made a motion that the Mayor be authorized to appoint a committee that includes the City Manager, a member of the Chamber of Commerce and a Councilman to meet with Penney's and all other major retailers, who were involved with the downtown shopping mall or interested in developing downtown, to assess their interest in developing downtown and staff make a report back to the Council as soon as possible. This motion was approved with Council- man Strong voting in the negative and Councilmen Christensen and Payne abstaining from voting on the matter. Upon a motion by Councilman Barton, Joint Public Hearing of the Council and Redevelopment Agency regarding the Downtown Shopping Center scheduled for 7:00 P.M., Monday, January ll, 1982, was canceled. Upon recommendation a motion by Councilman Barton, the City Manager's that in order to facilitate new development and assist existing properties in the downtown area, the Council's Business Development and Parking Committee and Redevelopment Agency's Parking Committee jointly explore the concept of modifying the parking requirements in the Redevelopment Project Area and the concurrent utilization of a Parking Assessment District and Redevelopment Agency resources for the purpose of constructing parking structures in appropriate locations, was approved. City Attorney Oberholzer stated Councilman Rockoff's earlier motion to set a date of public hearing regarding rates for Checker Cab Company was correct. However, with respect to Cox Cable TV, the City entered into an agreement when the rates were deregulated in which a public hearing does not have to be held, but the Council must act within 30 days. The Council may postpone any rate increase during the interim period they are being considered. Bakersfield, California, January 6, 1982 - Page 14 At the next Council Meeting, if a majority want to consider the rates and not approve them then under the 1978 agreement the Council simply takes action without a noticed public hearing. Upon a motion by Councilman Rockoff, public hearing set earlier in the meeting regarding rates for Cox Cable TV of Bakers- field, was rescinded. Councilman Rockoff requested that the matter of rate increase for Cox Cable TV of Bakers£ield be placed on the Agenda for the Council Meeting of January 20, 1982. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3100 to 3689, inclusive, in the amount of $761,594.33. (b) Claim for Damages and Personal Injuries from Lisa E. Horlacher, 5909 Ming Avenue, Apt. 13, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Brian Johnson, 4412 Park Circle Drive, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from F. David Lewis on behalf of Lewis & Falletti Farms, a Partnership, c/o Thomas F. Schroeter, Attorney at Law, 254 "H" Street, Bakers- field. (Refer to City Attorney) (e) (f Claim for Damages from Harry C. Haight and Margaret Haight, 2720 North Baker Street, Bakersfield. (Refer to City Attorney) Request from Austin & Thompson, Attorneys at Law, representing Hisato Kinoshita, for an amendment to the Land Use Element of the General Plan for commercial use of property located on the corner of Akers Road and Panama Lane. (Refer to Planning Commission for study and recommendation) (g) Request from Earle J. Gibbons, Attorney at Law, for annexation of property located at the northwest corner of 34th Street and Chester Avenue, formerly known as the Union Ice Company property, containing approxi- mately 3.2 acres of land. (Refer to Planning Commission for study and recom- mendation) (h) Road Easement from Tenneco Realty Develop- ment Corporation, located at the northwest corner of Stockdale Highway and Coffee Road, for construction of signal lights and turn lanes. Bakersfield, California, January 6, 1982 - Page 15 357 (i) (J) (k) (i) (m) (n) (o) Public Road Easement from Tenneco Realty Development Corporation as required for Tract No. 4485, located on west side of Ashe Road between Nottingham Lane and North Half Moon Drive. Map of Tract No. 4426 and Improvement Agreement with Klein-Seven, c/o Klein Properties Limited, for construction of improvements therein, located south of 19th Street, east of Westwind Drive. Notices of Completion and Acceptance of Work for: Construction of Security Lighting for Beach Park, Contract No. 81-132 with Western Electric and Engineering, Inc. Construction of Kroll Park Sump Under- drain System Modification, Contract No. 81-136 with Micon Construction. Resurfacing portions of California Avenue, New Stine Road and Ming Avenue, Contract No. 81-152 with Granite Construction Company. Tract No. 3859, Unit B, Contract No. 78-108 with Wattenbarger-Stahl Development Company, located at College Avenue and Flintridge Drive. Application for Encroachment Permit from David Morledge, 2030 Truxtun Avenue, for construction of a 6 foot high garden wall along "D" Street, behind back of sidewalk at northeast corner of Truxtun Avenue and "D" Street. Application for Encroachment Permit from Barber Honda, 3001 Brundage Lane, for construction of an overhead telephone cable across Olive Street, south of Brundage Lane. Improvement Agreement with La Hacienda, Inc., for State Route 178 street improve- ments required by the City of Bakersfield, located between the new Comanche Road alignment and the temporary Rio Bravo Airport entrance. Contract Change Order No. 1 to Contract No. 77-202 with Micon Construction, for Storm Drain Construction on "N" Street and 4th Street. This Change Order, in the amount of $2,039.48, represents the difference between the actual field measured quantities and estimated quantities of the contract. The Economic Development Administration requested that this Change Order be processed to fulfill the require- ment of the fiscal audit. Micon Construction has already been paid for the items included in this Change Order from E.D.A. Funds. Bakersfield, California, January 6, 1982 - Page 16 (P) Request from Tenneco Realty Development Corporation for extension of time to complete improvements in Parcel Map No. 5700, Contract No. 80-195, located at the northwest corner of Stockdale Highway and Gosford Road. Completion date for this Parcel Map was December 17, 1981. The Public Works Department recommends a twelve month extension. (q) Preliminary alignment for the Kern River Bicycle Trail from Beach Park to Cal- State Bakersfield, along the south bank of the Kern River and north of Truxtun Avenue. The right-of-way is along property owned by the City, except at two locations, which are privately owned and must be acquired. This project is funded 100% by Kern COG, using Transportation Funds. Public Works Department requests approval of this alignment prior to beginning property acquisition. (Refer to Water and City Growth Committee) Upon (d), (e), (f), and (q) of the a motion by Councilman Means, Items (a), (b), (c), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p) Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Christensen, low bid of James Petroleum, in the amount of $20,943.67, for Annual Contract for Lubricating Products, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Strong, low bid of Granite Construction, in the amount of $42,932, for Pavement Construction on portions o£ Akers Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of H. V. Carter Company, in the amount of $10,952, for Rider Type Mowers for the Parks Department, was accepted and all other bids rejected. Bakersfield, California, January 6, 1982 - Page 17 Upon a motion by Councilman Barton, low bid of Clow Corporation, in the amount of $5,770.11, for Bury Extensions and Hydrant Gaskets, was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Data Communications Systems, Inc., in the amount of $180,701.38, for Traffic Signal Controllers at various locations, was accepted and the other bid rejected. Upon a motion by Councilman Rockoff, low bid of American Fence Company, in the amount of $5,525.00, for Fencing at University Park, was accepted and the other bids rejected. Acceptance of low bid of James G. Francis for reconstruction of Real Road between Chester Lane and California Avenue. Five bids were received, ranging from a low of $103,440 to a high of $119,127. The low bid was submitted by James G. Francis. The staff recommends that the low bidder be found, by the Council, not to be the lowest responsible bidder, based upon infor- mation set forth in the letter dated and delivered to the low bidder on December 20, 1981, a copy of which is enclosed in the Agenda materials. Staff recommends acceptance of the second lowest monetary bid of $113,994, by Griffith Company, as the lowest responsible bid. $96,000 is budgeted for the project. The remaining $17,994 is available from savings on completed street projects. Mr. Philip Blanton, Attorney representing James G. Francis, stated Mr. Francis is a resonsible local contractor with a good reputation in Bakersfield and he has completed 16 jobs and has 3 in progress for the City of Bakersfield. All of the jobs completed by Mr. Francis for the City have been accepted and approw~d. Mr. Francis is the low bidder on this project and is approximately $10,000, or 10%,lower than the second lowest bidder. Most of the delays on the Chester Avenue Underpass are beyond the contractors control, because he is dealing with four separate agencies who have to approve all changes. The Southern Pacific Railroad has special Bakersfield, Californian January 6, 1982 - Page 18 requirements and have the right to approve change orders, which has caused several delays. Mr. Blanton stated every contract contains a "Liquidated Damages" clause, which means every day over the contract deadline, that is not excused due to weather, etc., the contractor is fined an amount stated in that contract. Liquidated Damages have never been assessed against Mr. Francis on any contract he has completed for the City. The three street paving projects, that Public Works have indicated are behind schedule, have been held up by a subcontractor from out of town who was three weeks late showing up for the job and waiting for utility companies to place utility lines £urther below ground so the paving will not interfere with people's service. The "F" Street job could have been completed in early September, but a City Engineer requested that Mr. Francis wait until the "F" Street sewerline was completed. They do not feel the evidence presented by the staff is sufficient for the Council to make the finding requested by staff. They are requesting that the Council award the contract to James G. Francis, as the low responsible bidder, or reject all bids and readvertise the project. Director of Public Works Hawley stated the letter sent to Mr. Francis, dated December 30, 1981, points out three separate contracts at three locations where the time has expired and the work has not been completed. There were some problems on the Chester Avenue Underpass Project in the beginning, but that is not the issue listed in the letter. Specifically, it states "our evaluation of the Construction Progress Schedule you submitted to this office on November 6, 1981, and were completed since that time, indicates you are considerably behind schedule on portions of this contract," and that is our main concern. The delays from working with the Railroad and Separation of Grade District, etc., should have been known at the time the contract was entered into and taken into consideration. On the street projects because o£ some of the Bakersfield, California, January 6, 1982 - Page 19 delays, after the grinding, it was necessary for the City to make some emergency repairs. The statement that is at the bottom of each weekly report submitted to the contractor shows the date the contrac~ was awarded, date of notice to proceed, the completion date and specifically indicates how many days have been charged to date, how many extension days granted, if any. It also states "the contractor shall, within l0 days of any delay, notify the City Engineer in writing of the causes of delay and the number of days extension to the time for completion requested," and this was not done. The completion date for the "F" Street paving was November 17, 1981, and as of today the work is still not completed. Ming Avenue completion date was December 10, 1981, and White Lane completion date was December 15, 1981, and to date neither has been completed. Mr. James Francis, contractor, explained the delays on the Chester Avenue Underpass Project and stated the paving jobs were delayed because the grinder did not show up. Mr. Blanton stated paving cannot be done unless it has been 50© for an hour. In other words, on days where the temperature only gets to 48© the paving cannot be done. Mr. Kelley Smith, Bonding Agent for James G. Francis, stated since 1973 his job has been to issue bonds, keep Mr. Francis' financial statements current, know the quality of the job is good and that he does not take more jobs than he can handle, based on their requirements, his financial statements and whatever the State of California will allow. The bonding companies are like banks and finance companies, if the job is not done right or there is not enough money to do the job right, you just do not do the jobs. We are confident that Mr. Francis has no problems. As long as we feel he can do the job, he will have the bond. The day Mr. Francis gets into trouble the City will not have to worry about it, because he will not get a bond and without that bond he cannot get a contract. Bakersfield, California, January 6, 1982 - Page 20 Mr. Dave Langston stated, in reference to Mr. Hawley's statement regarding the statement at the bottom of the Inspector's daily reports regarding extension days due to breakdowns, weather, etc., these have been dealt with verbally in the field. Ming Avenue would have been completed today but it was below 50©. "F" Street is completed except for the seal coat and the City requested that we do all three jobs together with the seal coat. White Lane is completed except the cleanup and seal coat. Ming Avenue still needs 1,000 tons and 10 mantles and then that will be completed. These are not jobs that are completely out of hand and lost. Councilman Payne stated he feels there was a lack of communication between the contractor and City staff. Councilman Ratty requested that staff investigate the possibility of escalating Liquidated Damages to a point where it will make it painful for the contractor to go past the contract deadline. Councilman Christensen requested a detailed evaluation of what goes into granting contracts and he stated the contractor should be held to those laws or they should be changed. After a very lengthy discussion, Councilman Christensen made a motion that the low bid of James G. Francis, in the amount of $103,440, for reconstruction of Real Road between Chester Lane and California Avenue, be accepted, all other bids rejected and the Mayor authorized to execute the contract. Mayor Shell declared a brief recess at 11:20 P.M. and reconvened the meeting at 11:30 P.M. In answer to a question by Councilman Ratty, James Francis stated this project would be completed on time if he is awarded the contract. In answer to a question by Councilman Payne, James Francis Project, week, providing the weather stated, with the exception of the Chester Avenue Underpass his other contracts with the City can be finished in one is good. Bakersfield, California, January 6, 1982 - Page 21 Upon a motion by Councilman Christensen, low bid of James G. Francis, in the amount of $103,440, for reconstruction of Real Road between Chester Lane and California Avenue, was accepted, all other bids rejected and the Mayor was authorized to execute the contract by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None DEFERRED BUSINESS Adoption of Ordinance No. 2681 New Series of the Council of the City of Bakersfield amending Sections 2.52.120, 2.52.130 and 2.52.150 relative to the Civic Auditorium. Upon a motion by Councilman Barton, Ordinance No. 2681 New Series of the Council of the City of Bakersfield amending Sections 2.52.120, 2.52.130 and 2.52.150 relative to the Civic Auditorium, was adopted by the following roll call vote: Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Ayes Noes Absent: None None Adoption of Ordinance No. 2682 New Series of the Council of the City of Bakersfield amending Title 15 of the Bakersfield Municipal Code by adding thereto Chapter 15.42 relative to Dwelling Unit Location Identification in Multiple Dwelling Unit Complexes. Upon a motion by Councilman Barton, Ordinance No. 2682 New Series of the Council of the City of Bakersfield amending Title 15 of the Bakersfield Municipal Code by adding thereto Chapter 15.42 relative to Dwelling Unit Location Identification in Multiple Dwelling Unit Complexes, was adopted by the following roll call vote: Ayes: Councilmen Noes: None Absent: None Strong, Barton, Christensen, Ratty, Rockoff Means, Payne, 364 Bakersfield, California, January 6, 1982 - Page 22 Adoption of Ordinance No. 2683 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located within the Rio Bravo Golf Course and surrounding properties within Section 14, Township 29 South, Range 29 East, M.D.M. The application for this amendment was made by La Hacienda, Inc., and would change subject properties from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. Upon a motion by Councilman Rockoff, Negative Declaration and Ordinance No. 2683 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located within the Rio Bravo Golf Course and surrounding properties within Section 14, Township 29 South, Range 29 East, M.D.M., finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Bernard Street, south of the westerly extension of the centerline of Sill Place. The application for this amendment was made by Stephen W. Hair and would change subject property from an R-1 (One Family Dwelling) Zone to a C-1 (Limited Commercial), or more restrictive Zone, The Planning Commission recommended approval of this zone change request. Bakersfield, California, January 6, 1982 - Page 23 First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Bernard Street, south of the westerly extension of the centerline of Sill Place. Approval of Engineering Service Agreement between the City of Bakersfield and Wiley D. Hughes, Inc., for preliminary surveying necessary for design of the Com- munity Development Project for construction of curbs and gutters in the Lowell Addition, Phase III. The project area is bounded by 4th Street, Brundage Lane, Chester Avenue and "P" Street. The fee for these services will not exceed $5,000. $171,000 is budgeted for the construction project. Upon a motion by Councilman Strong, Engineering Service Agreement between the City of Bakersfield and Wiley D. Hughes, Inc., for preliminary surveying necessary for design of the Community Development Project for construction of curbs and gutters in the Phase III, was approved and the Mayor was authorized Lowell Addition, 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 ll:40 P.M. ATTEST: ~ of ty City of 'Bakersfield, Calif. CITY C x Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, January 20, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., January 20, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Dr. William B. East, Kern County Southern Baptist Association. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Absent: None Minutes of the regular meeting of January 6, 1982 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mayor Shell and Police Chief Price presented a plaque to ~r. Amato Ghilarducci, 145 North )4cDonald Way, in recognition of an act of heroism in aiding a Police Officer on December 29, 1981. Mayor Shell presented Mr. Bob Clerico, former Chairman of the Beautiful Bakersfield Committee, a plaque in appreciation for his services. Mayor Shell announced that Mrs. Betty Wells is the new Chairman of the Beautiful Bakersfield Committee. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Fred Higgins, dated January 1, 1982, submitting his resignation from the Board of Building Appeals, effective January l, 1982, was received, resignation accepted and the Mayor was requested to send a letter of appreciation for his years of service to the City. Upon a motion by Councilman Barton, Banducci Enterprises, dated January 19, 1982, increase in parking fees for the 17th and "G" was received and ordered placed on file. COUNCIL STATEMENTS Councilman Payne read the following Williams, Ed.D., communication from protesting the proposed Streets parking lot, letter from Bill L. District Superintendent of the Panama Union School Bakersfield, California, January 20, 1982 - Page 2 District into the record: January 13, 1982 Mr. Thomas Payne Councilman, 6th Ward City of Bakersfield 3708 Alum Avenue Bakersfield, California 93309 Dear Mr. Payne: In recent weeks we've had several close calls at an intersection, in our district, that is within the City of Bakersfield. I am referring specifically to the crossing at White Lane and Akers Road. As you are aware, we have a school just north of White Lane and a number of our students must cross that street in order to attend school. Although there is a crossing guard on duty, who oversees the children crossing the street, we've still experienced several frightening situations. In particular the problem areas seem to be: Excessive speed - The area is zoned for 45 miles an hour; however, many of the drivers seem to exceed the speed limit. There is heavy traffic from 7:30 A.M. to 8:30 A.M., which is one of the main times the students are using the crossing. Even though the guard is stopping traffic to allow the students to pass, there have been several rear-end accidents where drivers are not able to stop in time. White Lane, as you know, is an extremely wide street, thereby making it more hazardous for the students and the crossing guard. We believe that there should be some type of control or reduced speed limit in the area. It's bad enough on clear days but when we've had fog, as we have experienced in the recent weeks, it makes the situation even more dangerous. We would appreciate any assistance you might be able to give us in this matter. Sincerely, BILL L. WILLIAMS, Ed.D. Councilman Payne requested that the Mayor and Council be furnished with copies of the letter from Panama School District, and staff take appropriate action and also contact Dr. Williams and Sandrini School Principal Young, who has received several petitions from parents of the students. Bakersfield, California, January 20, 1982 - Page 3 Councilman Ratty stated, in light of the discussion that took place at the last Council Meeting, he would request a status report on all projects being constructed for the City of Bakers- field by James G. Francis. Public Works Director Hawley reported since the Council Meeting two weeks ago James G. Francis has done additional paving along Ming Avenue; however, the three resurfacing projects are still pending and have not been completed. Mr. Francis indicated they will be finished as soon as the weather improves. In the memo dated December 30, 1981, it was indicated that the allowable time for the Chester Avenue Underpass Project was March 19, 1982; however, the Resident Engineer has indicated that the estimated time of completion would be June, 1982. Since that memo was presented to the Council and a letter sent to Mr. Francis, more workers have been hired and he has doubled his efforts. given to Mr. Francis, on December 30, delays out of his control, the present With the additional time 1982 due to bad weather and allowable time for completion is March 27, 1982. However, the Engineer's estimated completion date of the latter part of May, 1982 is more realistic. Councilman Ratty stated the businesses near the Chester Avenue Underpass have been hurting and anything that can be done to expedite the completion date would be greatly appreciated. Councilman Ratty also requested a status report on the Chester Avenue Underpass every two weeks. Councilman Ratty suggested that staff, business people and professional organizations consider developing East Bakersfield or the vicinity near Baker Street into an atmosphere like Los Angeles' Olvera Street or an International Village. In answer to a question by Councilman Rockoff regarding the methane gas problem at the landfill, Public Works Director Hawley stated the Consultant hired by the County indicated that the monitor probes have been installed and will be monitored during the next few days. Sometime in February a report and recommendation will be made to the committee. Bakersfield, California, January 20, 1982 - Page 4 In answer ~o a question by Councilman Rockoff regarding the traffic study on Panorama Drive, Public Works Director Hawley stated it has been started, but not completed. It is the staff's feeling that it should not be finished until the weather is reasonably good in order to obtain a realistic speed count. It should be completed within the next few days. Councilman Rockoff commended Assistant City Manager- Finance Higginbotham on his report of budget objectives for the first quarter. In answer to a question by Councilman Rockoff, Police Chief Price stated additional patrols have been added to Panorama Drive and citations issued for speeding and failing to stop at the stop sign. Councilman Rockoff stated in the report from the Police Chief on the Crime Cemmission's Report, there are only a few items the Council can review. One is the possibility of a Neighborhood Watch Program and increasing patrols, which means an increase in manpower in the Police Department. Councilman Rockoff requested that those two items be referred to the Budget Review and Finance Committee for immediate review and consultation with the Govern- mental Efficiency and Personnel Committee, due to the interrelation of the problem. Councilman Rockoff requested that the remainder of the Crime Commission Report be referred to a Council Committee for review. City Manager Kelmar suggested that staff review the other areas addressed in the Crime Commission's Report and determine the appropriate areas to refer these items for further consideration. Councilman Rockoff reported on the meeting of the Mayor's Committee with J. C. Penney's regarding Downtown Development, as follows: The Committee was composed of Rollie Moore, President of the Chamber of Commerce, City Manager Philip Kelmar, Herb Walker, member of the Downtown Business Association, Vince Casper, 370 Bakersfield, California, January 20, 1982 - Page 5 Chairman of the Redevelopment Agency and Councilman Rockoff. The Committee met with Michael Lowenkorn, Western Real Estate Manager for Penney's, and Jerry Wright, Assistant Western Real Estate Manager for Penney's, at their office in Buena Park on Monday, January 18, 1982. Penney's is still reeling and upset over May Company's decision to pull out of the Downtown Shopping Mall. They indicated there is probably only one company, of the May Company's stature, that they would like as a cotenant and that is Macy's. At this point no one knows what Macy's feelings are regarding development in Bakers- field. Penney's would like to see Bullock's or Robinson's develop here, but Robinson's are not ready to come into this market. Penney's would like Brock's Department Store in the same mall; however, as far as consideration of a major cotenant, they did not feel a local department store would be a substitute for someone of the Macy's or May Company's stature. Penney's prefers a downtown mall location. The downtown area is their first choice for Bakers- field. Moving to the southwest is second best choice. Really a poor alternative, based upon conversations with them. However, they may be faced with that alternative if they have to. Penney's stated they would absolutely not stay downtown in a freestanding store environment. They wou~d only stay downtown if a mall type construction was built. Penney's stated they had no preference as far as a developer was concerned; however, they want one who is experienced in shopping center construction and reliable. A very important item that came up in the con- versation is that the summer of 1982 will be their time of decision. It is assumed if they do not make a decision to build in Downtown Bakersfield by this summer, it is possible they will go elsewhere. Penney's views Bakersfield as a one store community for their type of operation and that is probably why they fee~ the downtown location is best. If they go to the southwest it might necessitate, in the future, building a store in another part of the City. Penney's assured the Committee that their Board of Directors in New York had approved going ahead with the downtown project. They were fully committed and ready to go. It was Penney's feeling, since Macy's is building in the Fresno and Clovis area, that they will watch the results of that operation before making further advancements south. Bakersfield, California, January 20, 1982 - Page 6 371 Penney's will cooperate with any developer and the City to stay downtown, if anything reason- able can be put together in the immediate future. Councilman Means thanked Director of Fire and Development Services Needham for his regular submission of how the Fire Depart- ment is meeting its objectives and also thanked Assistant City Manager-Finance Higginbotham and Police Chief Price for their responses. Councilman Means asked if Mr. Garone would be allowed to grow rice on the land he leases from the City due to a mosquito problem. Director of Public Works Hawley stated a large portion of the land that the City acquired in the southeast area had never been used for farming. Rice is often used to develop new farm lands to enrich the soil. The City's agreement with Mr. Garone required that he submit a cropping plan to the State, which was done. Mr. Garone was given approval to grow 1,100 acres of rice to enrich the soil. This seemed to work two years ago, however, last year in some fields there was a heavy growth to algae, which grew so thick the mosquito fish could not grow in the rice ponds. This seemed to be greatest in the field irrigated, partially, with treated effluent. At the meeting with the Mosquito Abatement District on January 13, 1982, Mr. Garone was warned by their Board that if he used treated effluent to grow the rice and a mosquito problem occurred he would be ordered to abate the problem, which means he would probably lose his crop. The field would have to be dried up and possibly plowed under. Mr. Garone has indicated he plans to reduce the rice crop from 1,100 acres to 276 acres. The 276 acres is on the south end of the farm, away from residential property and will use well water. In the past year, Mr. Garone drilled and installed three additional wells on the farm property, so he does have a good supply of fresh water. Mr. Garone indicated he would also incorporate some of the other cultural practices that were recommended by the 872 Bakersfield, California, January 20, 1982 - Page 7 Mosquito Abatement District; such as, properly treating the dikes between ponds so weeds will not grow. Based on what Mr. Garone indicated a problem is not anticipated; however, he has been warned if a problem exists an order will be issued to abate it, which means he may lose his crop. Councilman Means stated he would like to be kept informed, because if there is a problem it will affect City residents. Councilman Means stated the next Council Meeting is the last meeting documents can be adopted to place a measure on the June 8, 1982 ballot, and he feels an advisory measure should be submitted to the residents of the City asking if they receive enough benefit from the Zone of Benefit No. i Tax to justify paying the tax. Councilman Rockoff stated the City is paying part of the cost of a study that is being conducted regarding this particular issue and it does not seem logical to have an advisory election before the information is available to form an opinion. City Manager Kelmar stated the study may be completed in May of this year. After discussion, Councilman Means made a motion to request the City Attorney to prepare the necessary documents, for consideration at the Council Meeting of February 3, 1982, to place an advisory measure on the June 8, 1982 ballot, asking the question: "Do the City residents request the City Council to pursue any and all means to withdraw them- selves from the Zone of Benefit No. i Tax?" Councilman Ratty requested that the Council be furnished with an estimate of the cost of such an election. City Attorney Oberholzer advised the Council that it may not be able to get placed on the ballot for the June 8, 1982 election. The Election Code states it will go on the ballot if there is room. An advisory election does not have precedence and consequently only if there is room will the County Clerk be able to put it on the ballot. That will also be investigated. Bakersfield, California, January 20, 1982 - Page 8 Councilman Means' motion to request the City Attorney to prepare the necessary documents, for consideration at the Council Meeting of February 3, 1982, to place an advisory measure on the June 8, 1982 ballot, asking the question: "Do the City residents request the City Council to pursue any and all means to withdraw them- selves from the Zone of Benefit No. 1 Tax?" was unanimously approved. Councilman Christensen requested that the idea of an International Village in the area in and around Baker Street be pursued. Councilman Payne requested that staff contact Caltrans regarding updating the population figures on the City Limit signs. Mayor Shell commented that the report from the Crime Commission was excellent and people have stated they hope the Council will not drop the recommendations contained in the report. REPORTS Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 1-82 regarding New Construction Incentive Program/Request for Additional Assistance, as follows: The New Construction Incentive Program was approved by the City Council June 3, 1981, and established a process by which the City could assist in the creation of low income housing. The program was targeted to Census Tracts 15, 20 and 22. The method of assistance used is called land write-down. This involves the acquisition of land for construction of a new single family dwelling unit, and the creation of a noninterest bearing second trust deed deferred until the property is sold or title is transferred. The maximum amount of assistance per lot was set at $6,000. The program estab- lished resale controls for the first three years to prevent windfall profits and set a project limit of ten units per request by each developer. It was required that the ten units be in escrow pending a sale closure prior to an award of any additional available land write- down assistance. Presidio Construction and Tommie Townsend are the only contractors able to participate because they have the HUD 235 Mortgage Assistance commitments providing them with permanent 374 Bakersfield, California, January 20, 1982 - Page 9 financing affordable to low income families. Presidio has built five such units and Mr. Townsend has built ten. The five units are sold and the ten units are in escrow pending closure. On January 6, 1982, Mr. Townsend advised the Council he has his ten units in escrow as required by the program and was now requesting assistance for an additional ten units. The matter was then referred to the Budget Review and Finance Committee £or study and recommenda- tion. This committee has reviewed Mr. Townsend's request as well as a discussion of the ten units he has completed. Pursuant to Mr. Town- send's request and the satisfactory completion of the ten units approved on June 3, 1981, we recommend the City Council grant assistance for an additional ten units as provided in the program. In answer to a question by Councilman Christensen, City Manager Kelmar stated land write-down means the City is initially subsidizing the cost o£ the land. In other words the City pays for the land, a home is built and sold to someone and when they inturn sell, the funds are recouped by the City. Tommie Townsend answered a question of Councilman Means regarding the previous homes he constructed under this program. Councilman Ratty stated these are Community Development Block Grant Funds and not General Tax Funds. Community Development Block Grant Funds can only be used for speci£ic activities and this is one of them. Upon a motion by Councilman Rocko£f, Budget Review and Finance Committee Report No. 1-82 regarding New Construction Incentive Program/Request for Additional Assistance, was accepted and pursuant to the satisfactory completion of Mr. Townsend's ten units approved on June 3, 1981, assistance for ten additional units: as provided in the program, was granted. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 1-82 regarding Parking Lease and "K" Street Garage, as follows: Bakersfield, California, January 20, 1982 - Page 10 Pursuant to the agreement between the City of Bakersfield and Bank of America Building for the leasing of 20 parking spaces in the Munici- pal Parking Lot in the 1600 block of Truxtun, correspondence regarding renewal and continuance of the lease through December 31, 1982 was received and referred to this Committee for study and recommedation. This Committee feels it important the City Council maintain rental rates consistent and representative of fair rental rates for such parking spaces leased on a monthly basis in the downtown area. In doing so, this Committee feels it would encourage the development of parking by private enterprise. Staff has made inquiry as to monthly rental rates in the downtown area, consequently, this Committee feels a rate increase to be appropriate. Therefore, this Committee recommends the City Council continue the referred to lease agree- ment at a monthly rental rate of $25.00 per space through June 30, 1982 and $30.00 per month through December 31, 1982, and authorize the mayor to execute said lease agreement. In order to be consistent, the Committee also discussed the lease for 23 parking spaces with Banducci Enterprises in the parking lot on 17th and "F" Streets. The 23 parking spaces leased to Banducci Enterprises are leased at a monthly rate of $25.00 per space. As such, the Committee recommends the City Council exercise its option in the agreement which allows for a 60 day notice of termination and direct the staff to negotiate a new lease agreement. With regards to the "K" Street Garage, this Committee feels alternatives should be developed in order to eliminate the necessity of a full- time attendant at the parking garage, as all but eight parking stalls are under a lease agreement. Therefore, we recommend the City Council direct staff to meet with representatives of Bank of America, First Interstate Bank and Bank of America Building to pursue this goal and the eight remaining parking stalls be made available for leasing. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 1-82 regarding Parking Lease and "K" Street Garage, was accepted; and recommendations as outlined in the report, were approved. Approval of Agreement between the City of Bakersfield and Bank of America Building for lease of 20 parking spaces in the Municipal Parking Lot in the 1600 block of Truxtun Avenue. 37 q Bakers£ield, California, January 20, 1982 - Page ll Upon a motion by Councilman Barton, Agreement between the City of Bakersfield and Bank of America Building for lease of 20 parking spaces in the Municipal Parking Lot in the 1600 block of Truxtun Avenue, was approved and the Mayor was authorized to execute same. Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 1-82 regarding Sign Ordinance, as follows: Chapter 17.54 (new Chapter 17.60), of the Bakers- field Municipal Code, as adopted in 1976, requires removal or conformance of specified nonconforming signs. Section 17.54.200 (new Section 17.60.260), within this Chapter established an amortization period of five years for such signs. The five year period expired July, 1981, however, was extended by the City Council through January 14, 1982. In addition, problems related to the abatement procedures were referred to the Water and City Growth Committee for report back to the Council. This Committee has met with staff to review the abatement procedures as well as suggestions for extending abatement procedures, proposed re- visions to the existing Sign Ordinance, and various alternatives in dealing with the problems related to the Sign Ordinance. Recently this Committee was advised of the State-mandated moratorium on removal of signs. Briefly, the State statute provides that signs which were legal on November 6, 1978 are not subject to the abatement requirements as set forth in the City's Code. This provisions of the State Code remains in effect until January 1, 1983. Subsequent to the adoption of the "Sign Ordinance" in 1976, the City has granted certain waivers to the requirements providing those applicants remove their signs to make them conform to the ordinance on specified dates. The State statute does not apply to those waivers granted after November 6, 1978. In view of the foregoing, this Committee recom- mends: The City Council extend the date of con- formance of Section 17.54.200 (new Section 17.60.260) to January 1, 1983 so as to coincide with the State Code. o Direct staff to proceed with enforcing the Sign Ordinance for those nonconforming signs erected subsequent to November 6, 1978, which had specific dates for removal. Bakersfield, California, January 20, 1982 - Page 12 377 Direct staff to return to this Committee with recommended changes to the Sign Ordinance in various areas including the section addressing Special Sign Permits. Upon a motion by Councilman Ratty, Water and City Growth Committee Report No. 1-82 regarding Sign Ordinance, was accepted; the date for conformance to Section 17.60.260 of the Municipal Code was extended to January l, 1983, to coincide with the State Code; and staff was directed to proceed with enforcing the Sign Ordinance for those nonconforming signs erected subsequent to November 6, 1978, which had specific dates for removal, and return to the Water and City Growth Committee with recommended changes to the Sign Ordinance in various areas including the section addressing Special Sign Permits. City Manager Kelmar reported on the Preliminary 1982-83 Budget Forecast, as follows: We are all well aware of the difficult economic situation that is occurring nationwide, and government is not immune to its effects, as can be seen by the financial problems being experienced at both the Federal and State levels. In making a preliminary assessment of the financial position of the City as it relates to the 1982-83 fiscal year, I have become concerned about our ability to finance the present level of service. The economic situation has and will continue to impact the City's revenues in areas such as sales tax, building permit and development fees, and property related taxes. On the expenditure side, we are faced with increases as a result of labor negotiations, a significant infusion of monies into ourself-insurance funds and increases in operating costs, such as utilities (approximately 35% for P. G. & E., as an example). In addition, the Governor is again proposing a reduction in subventions to local government in order to balance the State budget. In the present fiscal year, the City is receiving approximately $1,000,000 less in State subventions as a result of State action last year. As a result of the above, I have requested the department heads to begin reviewing their operations and to be prepared to provide alternatives and make recom- mendations, if necessary, to modify levels of service. I feel it is important to make the Council and Community aware of the situation as it now appears. I would, again, like to emphasize this is an essessment based on the information presently available to me and I will be updating the Council again in a few months. 378 Bakersfield, California, January 20, 1982 - Page 13 Councilman Strong thanked and complimented the City Manager for not recommending new assessments at this time, expecially during these tough times. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3690 to 4017, inclusive, in the amount of $1,366,614.83. (b) Claim for Personal Injuries from Monica Lynn Shroyer, 908 E1 Rancho Drive, Bakers- field. (Refer to City Attorney) (c) Claim for Damages from Robin Gall Bishop, 4236 Columbus Street, #F, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from James Richard McIntire, 2403 Bladen Street, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Jack-In-The-Box, 3002 Ming Avenue, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Thomas J. Williams, 204 Angell Street, Bakersfield. (Refer to City Attorney) (g) Claim for Damages from Brian M. Lucker, 2504 Abeto Court, Bakersfield. (Refer to City Attorney) (h) Powerline Easement from the County of Kern providing underground powerline easement to operate telemetry and lighting for the First Point Metering Structure, now under construction. (i) Improvement Agreement for Parcel Map No. 6354 with Planz Village Development Company, Ltd., for construction of improve- ments therein, located at the southeast corner of Planz and Stine Roads. (j) Notices of Completion and Acceptance of Work for: Ming Avenue and Arvin-Edison Canal Bridge, Contract No. 81-100 with P. R. Field, Inc. Storm Drains in Kern Street, south of 19th Street, and "V" Street, between 20th Street and the Atchison, Topeka & Santa Fe Rail- road, Contract No. 81-101 with Steve Richey Company. This contract was com- pleted December 4, 1981 and the contractor requested that 37 additional working days be added to the contract due to material delivery delays and delay in obtaining approval by the A.T. & S.F. Railroad. Staff recommends approval of the request. All work was completed to contract speci- fications. Bakersfield, California, January 20, 1982 - Page 14 379 Tract No. 4277, Unit l, Contract No. 81-18 with Tenneco Realty Development Corporation, located at the southeast corner of Gosford Road and South Laurelglen Boulevard. Tract No. 4363, Contract No. 81-88 with Tenneco Realty Development Corporation, located south of Ming Avenue and west of Manning Avenue. Tract No. 4277, Unit 8, Contract No. 81-149 with Tenneco Realty Development Corporation, located northeast of Gos£ord Road and the Arvin-Edison Canal. (k) Application for Encroachment Permit from Sherrie Billard, 300 Eye Street, for construction of a 4 foot high chain link fence along back of sidewalk area along the northeast corner of 3rd Street and Eye Street. (1) Plans and Specifications for Wilson Road resurfacing, Hughes Lane to Castro Lane. (m) Contract Change Order No. I to Contract No. 81-101 with Steve Richey Company for Storm Drains in Kern Street, south of 19th Street, and "V" Street at the Atchison, Topeka & Santa Fe Railroad. This Change Order, in the amount of $810.56, is necessary because the railroad company required that the bore pit be moved to clear the nearest track by 15 feet. Moving the bore pit necessitated removing and replacing a concrete junction box. Sufficient funds are available in the current budget for this change. (n) Agreement between Southern Pacific Trans- portation Company and City of Bakersfield authorizing the City to construct and maintain a 33 inch storm drain which crosses Southern Pacific Railroad property east of Chester Avenue. This facility will remove storm water from the Chester Avenue Underpass. (o) Request from Pueblo De La Luna for an extension of time to complete improve- ments in Tract No. 4241, Contract No. 80-193, located south of Pacheco Road and west of Wible Road. Completion date for this Tract was December l, 1981. The Public Works Department recommends a twelve month extension. Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Noes: None Absent: None Bakersfield, California, January 20, 1982 - Page 15 ACTION ON BIDS Upon a motion by Councilman Rockoff, low bid of Valley Steel Construction, in the amount of $8,226, for construction of a Multi-Purpose Building at University Park, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of McCarthy Tank & Steel Company, in the amount of $9,116, for construction of a Chemical Storage Building at the City Corporation Yard, was accelpted, all other bids rejected and the Mayor was authorized to execute th.e contract. Upon a motion by Councilman Christensen, low bids of R. G. Detmers for l0 items, in the amount of $13,820.47, Moore Recreation for 5 items, in the amount of $9,760.48, and Wayne Olson for 5 items, in the amount of $8,705.78, for Playground Equipment for Castle and University Parks, were accepted and all other bids rejected. Upon a motion by Councilman Strong, low bids of Three Way Chevrolet for 3 items, in the amount of $135,997.14, and Jim Burke Ford for 2 items, in the amount of $19,113.38, for sedans for Department Heads and City Manager, and truck and bodies for the Public Works Department, were accepted and all other bids rejected. Upon a motion by Councilman Rockoff, Business Machines, in the amount of $4,388.40, was accepted and all other bids rejected. low bid of American for typewriters, Upon a motion by Councilman Christensen, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 B of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price with Motorola Communications, not to exceed the budgeted amount o£ $9,000, for five Mobile Radios for the Public Works Department vehicles. Bakers£ield, California, January 20, 1982 - Page 16 DEFERRED BUSINESS Adoption of Ordinance No. 2684 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 located on the north- west corner of Wilson Road and Real Road, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Vons Realty Company and would change subject property from an R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial Development) Zone, consisting of 69,831 square feet of commercial lease space. The Planning Commission recommended a condition that installation of curb, gutter and paving on Real Road be completed within 90 days of first reading of the ordinance. Though such improvements were not completed within such time period, the appli- cant has agreed to contract and bond for completion within 120 days; that contract appears under New Business in these minutes. Upon a motion by Councilman Means, Negative Declaration and Ordinance No. 2684 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 located on the northwest corner of Wilson Road and Real Road, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong None None Ayes: Noes: Absent: Adoption of Ordinance No. 2685 New Series amending Title Seventeen o£ the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certian property in the City of Bakersfield located on the west side of Bernard Street, south of the westerly extension of the centerline of Sill Place. Bakersfield, California, January 20, 1982 - Page 17 Ayes: Noes: None Absent: None The application for this amendment was made by Stephen W. Hair and would change subject property from an R-1 (One Family Dwelling) Zone to a C-1 (Limited Commercial) Zone. Upon a motion by Councilman Rockoff, Negative Declaration and Ordinance No. 2685 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Bernard Street, south of the westerly extension of the centerline of Sill Place, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Rate increase for Cox Cable TV of Bakersfield as stipulated in their letter dated December 16, 1981. Councilman Rockoff stated the basic reason he requested that this be placed on the Agenda is because he objects to just reading the letter and placing it on file. nature should be reviewed and discussed by determination made as to whether or not it Something of this the Council and a is reasonable. Since the last meeting he looked at the increase allowed a year ago and at this time will accept the increase to the primary outlet. Mr. Howard Channell, General Manager of Bakersfield Cable TV, stated, in answer to a question by Councilman Rockoff regarding the additional outlet charge, that this is only the second time it has been requested since 1965. The reason for this charge is strictly to pay for maintenance. Councilman Rockoff stated he feels the request is valid. City Attorney Oberholzer advised the Council that no action is necessary. The increase will go into effect if no action is taken. Bakersfield, California, January 20, 1982 - Page NEW BUSINESS Authorization granted to use unex- pended funds from South Wing Addition Budget for remodeling Second Floor Offices of City Hall. This request is for authorization to use up to $20,000 of unexpended funds to remodel the former Public Works Department Offices for use by the City Attorney's Office. Upon a motion by Councilman Strong, authorization was granted to use up to $20,000 of unexpended funds from the South Wing Addition Budget to remodel the Second Floor Office of City Hall for use by the City Attorney's Office. Approval of Contract Change Order No. 2 to Contract No. 81-47 with Tumblin Company for South Wing Addition to City Hall. This Change Order authorizes the contractor to construct an elevator at the west end of the South Wing Addition in lieu of the plan location at the east end. During the design of the project, the elevator was placed at the east end since this is the entrance used by a majority of the employees and is also the entrance that was to be used by suppliers for deliveries. In the opinion of staff, the elevator would best serve the public at the west end of the building. The cost of making this change is $9,720 and is for additional electrical wiring, concrete foundation work and steel framework. These items have also been constructed at the plan location (east end of building) and will be used when the elevator is installed in the future. Sufficient funds are available in the budget for this additional work. Upon a motion by Councilman Christensen, Contract Change Order No. 2 to Contract No. 81-47 with Tumblin Company for South Wing Addition to City Hall, was approved and the Mayor was authorized to execute same. Bakersfield, California, January 20, 1982 - Page 19 Adoption of Resolution No. 1-82 of the Council of the City of Bakers- field fixing time, date and place for hearing report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been de- molished and hearing any protests or objections thereto. This resolution sets the date of public hearing for Wednesday, February 10, 1982, in the Council Chambers of City Hall and a notice will be published in the newspaper and mailed to the property owners as shown on the Assessment Roll of the County. Upon a motion by Councilman Barton, Resolution No. 1-82 of the Council of the City of Bakersfield fixing time, date and place for hearing report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing any protests or objections thereto, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Noes: None Absent: None Adoption of Resolution No. 2-82 of the Council of the City of Bakers- field calling the Special Municipal Election for the purpose of sub- mitting to the Electors of the City Amendment to the Charter of the City of Bakersfield, to be held on Tuesday, June 8, 1982. This resolution called the election for submitting to the voters the Charter Amendment making Council election dates coincide with the School Elections and extending the terms of the present Councilmembers. Upon a motion by Councilman Rockoff, Resolution No. 2-82 of the Council of the City of Bakersfield calling the Special ~unicipal Election for the purpose of submitting to the Electors of the City Amendment to the Charter of the City of Bakersfield, to be held on Tuesday, June 8, 1982, was adopted by the following Bakersfield, California, January 20, 1982 - Page 20 roll call vote: Ayes Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Noes None Absent: None Adoption of Resolution No. 3-82 of the Council of the City of Bakers- field requesting the Board of Supervisors of the County of Kern to order the consolidation of a Special Municipal Election for the purpose of submitting to the Electors of the City an Amendment to the Charter of the City of Bakersfield with the State of California Direct Primary Election to be held on Tuesday, June 8, 1982, setting forth the exact form of the Measure to be voted upon at such elections as the same is to appear on the ballot. This resolution provides for consolidation of the Charter Amendment Election with the Primary Election in June, 1982. Upon a motion by Councilman Rockoff, Resolution No. 3-82 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the consolidation of a Special Municipal Election for the purpose of submitting to the Electors of the City an Amendment to the Charter of the City of Bakersfield with the State of California Direct Primary Election to be held on Tuesday, June 8, 1982, setting forth the exact form of the measure to be voted upon at such elections as the same is to appear on the ballot, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Noes: None Absent: None Approval of Agreement between the City of Bakersfield and Vons Realty Company guaranteeing construction by Vons of curbs, gutters and street paving on Real Road in connection with rezoning of property at north- . west corner of Wilson Road and Real Road. Bakersfield, California, January 20, 1982 - Page This agreement obligates Vons Realty Company, owners of the property being rezoned, to construct specified improvements to City standards within 120 days of adoption of the Ordinance re- zoning the property, which Ordinance was adopted earlier in tonight's meeting. Upon a motion by Councilman Strong, Agreement between the City of Bakersfield and Vons Realty Company guaranteeing construction by Vons of curbs, gutters and street paving on Real Road in connection with rezoning of property at northwest corner of Wilson Road and Real Road, was approved and the Mayor was authorized to execute same. HEARINGS This is the time set for public hearing before the Council regarding the taxicab rate change requested by the Bakersfield Checker Cab Co., Inc., within the City of Bakersfield. This hearing has been duly advertised and the Bakersield Checker Cab Co., Inc., notified as required by law. Mr. Lester Stuart, Manager of Bakersfield Checker Cab Co., Inc., requested that the Council grant this request. 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 Rockoff, taxicab rate change requested by the Bakersfield Checker Cab Co., Inc., within the City of Bakersfield, was approved by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, hockoff, Strong Noes: None Absent: None This is the time set for public hearing before the Council on an Appeal by Michael J. Callagy to the decision of the Board of Zoning Adjustment denying his application for a Modification of an R-1 (One Family Dwelling) Zone to permit the reduction of the Bakersfield, California, January 20, 1982 - Page 22 required front yard setback on each residential lot within Tentati'~e Tracts 4404, 4405, 4406 and 4407 from 25 feet to 15 feet and to allow a six-foot high brick wall interspersed with wrought iron fencing where a six-foot high continuous masonry wall is required along Paladino Drive. 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. Michael Callagy, applicant on behalf of Dickinson- Wadsworth & Associates the developers of the property, stated the Board of Zoning Adjustment did not deny this application prin- cipally on the basis of the argument, but they felt they were the wrong board to hear it. The Board of Zoning Adjustment £elt the Council should hear this matter and make the decision. Mr. Callagy explained the two modifications being requested in this application.; one being the front yard setback and the other the variation in the block wall. The developer would like to place wrought iron at 20 foot segments in the block wall to make it arch back out of the City right-of-way. It would be landscaped and maintained by the homeowners association to produce a better visual block wall. These subdivisions are manufactured type of houses and will provide affordable housing to people. 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. City Attorney Oberholser stated the Board of Zoning Adjustment did not feel this matter should be appealed to the Council. It was felt that it is not the intent or purpose of the Board of Zoning Adjustment to grant modifications for entire subdivisions. Entire subdivisions should be handled by a Zoning Ordinance. The Board of Zoning Adjustment is required to find the Bakersfield, California, January 20, 1982 - Page 23 application consistent with the intent and purpose of the title. Modifications or waivers of the height, yard and lot area regulations as may be necessary to secure an appropriate improvement on a lot. This is an entire subdivision. At the time the subdivision was designed, as it was presented to the Board o£ Zoning Adjustment, the developer knew that the manufactured homes could not fit on the lots and be consistent with the R-1 zoning. The applicant should have applied for a Planned Unit Development, which is a zone change and would allow the construction of these units on this type of lot, because, in effect, the. entire subdivision does not meet the R-1 Zoning Ordinance. The Board of Zoning Adjustment felt that if they started granting modifications on entire subdivisions they would be circumventing the zoning powers of the Council. In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated this is not an issue of illegality as much as it is an issue of Council policy. If the Council desires to establish a policy whereby modifications may be granted for entire subdivisions, then the Board of Zoning Adjustment may begin granting those modifications. Such action by the Board of Zoning Adjustment could circumvent the zoning powers of the City Council. Mr. Callagy stated they went to the Board of Zoning Adjustment on advice of the Planning Department. Mr. Burdell Dickinson, applicant, stated originally MP Zoning was requested, but to protect the City R-1 Zoning was placed on the property and he was informed that with the new State law manufactured homes would be allowed. Director of Fire and Development Services Needham stated the Planning Director felt that taking this to the Board of Zoning Adjustment would not have an impact on anything else, because this is a unique situation and the Council will not have subdivisions l£ke this again. If the Planning Director had realized there was going to be this kind of problem he would have recommended a Planned Unit Development Zoning. Bakersfield, California, January 20, 1982 - Page 24 During a lengthy discussion, Councilman Strong made a motion to approve the Appeal of Michael J. Callagy, overturning the decision of the Board of Zoning Adjustment, adopt the Negative Declaration, make findings pursuant to Chapter 17.64 of the Muni- cipal Code and incorporate the five conditions recommended by the Planning staff. Councilman Ratty requested that the motion be divided, because he is in favor of the garage and 15 foot setback; however, he would like a solid wall rather than the requested one. During discussion, Councilman Strong amended his motion to include a condition on the approval of the Appea~ that the wall be subject to the approval of Councilman Ratty or whoever disagrees with it. Councilman Christensen called for the question and this motion failed to carry. Councilman Barton offered a substitute motion to overturn the decision of the Board of Zoning Adjustment, making findings as delineated in Chapter 17.64 of the Municipal Code and that the following conditions be divided and voted on separately: 1. On all corner lots the structures shall be behind the 60-foot sight triangle. 2. All garages shall be located a minimum of 20 feet behind the curb except on those lots with sidewalks located on the west side of Lamplight Street and the north side of Royal Coach Drive, which shall be located 25 feet behind the curb. 3. The wrought iron fence shall be bowed an additional one foot, which would increase the maximum distance across the planter area to two and one-half feet. 4. Provide additional landscaping within the planter area to screen backyards from Paladino Drive. Landscaping plan to be approved by the Planning Department. 5. Any additional fencing behind the wrought iron section of the wall should be uniform in design and materials, and controlled through the homeowner's CC&R's. 990 Bakersfield, California, January 20, 1982 - Page 25 by the Ayes Noes Absent: The substitute motion and Conditions following roll call vote: Councilmen Barton, Means, Payne, Ratty, None Councilman Christensen i and 2, were approved Rockoff, Strong The substitute motion and Conditions 3, 4 and 5, were approved by the Ayes: Noes: Absent: following roll call vote: Councilmen Barton, Payne, Rockoff, Strong Councilmen Means, Ratty Councilman Christensen The previous two roll call votes on the substitute motion adopted Zoning Resolution No. 286 granting Modification of the Land Use Zoning Ordinance of the City of Bakersfield to permit the reduction of the required front yard setback on each residential lot within Tentative Tracts 4404, 4405, 4406 and 4407 from twenty- five feet to fifteen feet, and to allow a six-foot high brick wall interspersed with wrought iron fencing where a six-foot high continuous masonry wall is required along Paladino Drive located approximately six hundred feet east of Fairfax Road and approxi- mately one-half mile north of Panorama Drive. Upon a motion by Councilman Rockoff the minutes are to reflect that the actions taken tonight in no way set a precedence to do away with normal Planned Unit Development (P.U.D.) Zoning. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Strong, the meeting was adjourned at Calif. 11:10 P.M. MAYOR o~~f ~ City of ~ ' ATTEST:.~~~ CITY CLERK ~hd E~ Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, February 3, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 3, 1982. 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, Ratt¥, Absent: Rockoff, Strong, Barton None Minutes of the regular meeting of January 20, 1982 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Georgette Theotig, Tehachapi, California, dated January 21, 1982, Kern River bed, Upon Manatt, Phelps, Park East, Los Angeles, dated January 19, 1982, requesting the opportunity to serve as Bond Counsel for the $85,000,000 Multi- Family Revenue Bond Issue, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Rockoff, communication from Warner Amex Cable Communications, Inc., dated January 25, 1982, giving notice of intention to raise rates in the incorporated service area of the City on March l, 1982, was received and the City Clerk was directed to place the matter on the Agenda for dis- cussion at the meeting of February 17, 1982. Upon a motion by Councilman Ratty, communication from the City of Santa Clara, dated January 13, 1982, responding to Pacific Gas and Electric Company's publication "The Rock Creek- Cresta and Mokelumne Projects Take Over Attempts - A Perspective," and Santa Clara's concerns with the Mokelumne License, was received urging a ban on the use of off-road vehicles in and near the was received and ordered placed on file. a motion by Councilman Rockoff, communication from Rothenberg & Tunney, Attorneys at Law, 1888 Century Bakersfield, California, February 3, 1982 - Page 2 and ordered placed on file. At the Council Meeting of December 2, 1981, Mayor Shell was requested to write a letter to the City of Santa Clara regarding this matter and this is their response to that letter. Upon a motion by Councilman Christensen, communication from Mrs. Lila Pensinger, 3048 Jacaranda Drive, Bakersfield, dated January 28, 1982, suggesting an ordinance be adopted prohibiting parking of vehicles on the street during the hours when the street sweeper comes by, was received and referred to the Budget Review and Finance Committee for study and recommendation. COUNCIL STATEMENTS Councilman Hatty referred to a letter he received from La Hacienda, Inc., 6200 Lake Ming Road, dated January 18, 1982, informing him that the Rio Bravo Airport, at the corner of Alfred Harrell Highway and Highway 178 (Kern Canyon Road), is now avail- able for public use. He stated when he first came on the Council there was discussions about the airport traffic and how it would effect surrounding residents. It seems it was limited to 45 per month and the type of facility being developed goes way beyond that. The Council has been circumvented in that they wanted to limit the number of flights to that area due to the close proximity of the residential area. It appears the City has a procedure that allows a developer to circumvent the intent of the Council. This airport now has unlimited access due to the fact the Board of Zoning Adjustment permitted this operation to expand. Councilman Ratty stated he is concerned that: (1) the present landowners are aware of this; and (2) the new households are totally aware of the expanded nature of this activity. Councilman Ratty requested staff to investigate the prospect of placing a covenant in the agreements where the landowners would be aware of the unlimited nature of that facility and any restrictions placed on it. He also requested clarification on the State's 65 DB limit in certain areas at this facility. Bakersfield, California, February 3, 1982 - Page 3 Upon a motion by Councilman Means, the last two items on the Agenda, regarding calling a Special Election for an Advisory Measure on the Zone of Benefit No. 1 Tax, will be discussed and acted upon immediately following reports. Councilman Rockoff read the following letter from the California Society of Municipal Finance Officers into the record: January 28, 1982 Mr. Ronald D. Lundy Finance Operations Manager 1501 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Lundy: Congratulations! The Professional and Technical Standards Committee has reviewed your annual financial report for June 30, 1981 and has decided to award your City the CSMFO Outstanding Financial Reporting Award. It is obvious that you spent a great deal of time and effort on your report. Its professional appearance and composition are to be commended. Your certificate will be presented at the CSMFO Annual Seminar's banquet which will be held at 7:30 p.m. on Friday, February 12th, at the Marriott Hotel in Anaheim, California. As is the normal practice, recommendations will be forwarded to you which will assist you in improving your next annual financial report. Again, congratulations on receiving the Out- standing Financial Reporting Award for your 1980-81 report. Very truly yours, PAUL R. HOWARD Chairman, Professional & · Technical Standards Committee Councilman Rockoff congratulated the City's financial staff for their excellent performance. 10, 1982, Julia D. Mayor Shell stated that at the Council Meeting of February she intends to reappoint Mr. Vincent Casper and appoint (Judy) Clausen, 7608 Stockdale Highway, Apt. D, to the Redevelopment Agency. Ms. Clausen would be filling the position occupied by Ms. D. Jeanne Foth, whose term expired February l, 1982. 394 Bakersfield, California, February 3, 1982 - Page 4 REPORTS Councilman Payne, Chairman of the Governmental Efficiency' and Personnel Committee, read Report No. 1-82 regarding New Positions, Reclassifications and Salary Adjustments, as follows: The Governmental Efficiency and Personnel Com- mittee (GEP) recently met with the City Manager, Department Heads and representatives of the Blue and White Collar Units to discuss new positions, reclassifications and salary adjust- ments. Requests were submitted last year by the Department Heads for 61 new positions and 7 reclassifications, which totaled in excess of $1,700,000. The City Manager and his staff have carefully reviewed each of these requests as to their need and whether or not the City can afford the additional expense in light of our present financial outlook for the 1982-83 £iscal year. There is no doubt that many of these requests are warranted, however, based on the City Manager's forecast, as was presented to the Council two weeks ago, the GEP Committee, with the cooperation of the City Manager and Department Heads, has decided to recommend only those positions, reclassifications and salary adjustments that are absolutely essential at this time. If during the next few months the City's financial future improves, we will re- consider some of the requests and report back to the Council. Our recommendations at this time are as follows: FIRE AND DEVELOPMENT SERVICES Original requests were for 16 additional positions, totaling $350,000, with a majority of the positions for the Fire Station located in the southwest. The Committee is recommending no consideration of new positions in the Fire Service until such time that the City-County Fire Study is completed, which hopefully will be forthcoming in the near future. In the Building Division we are recommending the reclassification of one Building Inspector II to Engineer III at an annual increased cost of $6,000. This action is recommended in order to give Cal Bidwell, the City's Building Director, administrative support. The Engineer III will work in the area of plan checking, thus freeing the Plan Check Engineer to assist in the administrative functions of the Building Division. POLICE DEPARTMENT Original requests were submitted for 23 new positions totaling $780,000. Included in these requests were 15 additional Police Officers (5 for Rio Bravo, 5 for a Crime Prevention Patrol and 5 to cover specific districts). At the Bakersfield, California, February 3, 1982 - Page 5 time we discussed these new positions with Chief Price, and in light of the City's financial outlook, he informed us that as an alternative he could reassign 5 Traffic Officers to patrol to alleviate the coverage problem in the districts. These positions were funded through a Federal Traffic Grant, which will expire in about four to five months. The Committee feels we should continue with this program until its expiration and then transfer the officers to patrol. In addition, we will evaluate the 5 additional officers for prevention patrol, if the City's financial outlook improves in the next few months. We are also recommending Council approval now of the following: Reclassify one vacant Captain position to Lieutenant at an annual savings of approxi- mately $5,000. Authorize all Clerk-Typists at the Clerk- Typist II level in the Police Department in an attempt to reduce the high turnover in clerical positions. Total annual cost approximately $7,000. Transfer one Key Punch Operator II from Finance to the Police Department and change this authorized position to a Clerk-Typist II. o Create new classification of Police Trainee at a monthly salary range of $1,211 to $1,472. Trainees will serve in this capacity until they complete all academy training requirements, at which time they will be promoted to Police Officer. This action will result in a savings to the City and should benefit the Department by enabling them to hire potential Police Officers on a temporary basis prior to placing them into the Police Academy. The Academy is only conducted twice a year and in some instances, we have lost recruits to other departments because of a lapse from the time they apply for work, complete all testing and are placed in the Academy. The GEP Committee will also consider, at the conclusion of the traffic grant, the elimina- tion of one Sergent position in the Traffic Division and replace that position with two new Police Officer positions. AUDITORIUM-RECREATION We are recommending Council approval for changes in the job specifications for Community Center Coordinator, Community Center Leader, and Parks- Community Center Worker. The recommended changes will more accurately relate to the actual work being performed by the employees in these classifications. The California Avenue Citizens Advisory Board has reviewed these changes and are in concurrence with them. Bakersfield, California, February 3, 1982 - Page 6 FINANCE DEPARTMENT The GEP Committee recommends the creation of a new classification of Buyer I at a monthly salary o£ $1~421 to $1,727. The present classi- fication calls for a Buyer II and is being filled by a Buyer Trainee. A Buyer I classifi- cation will provide a more acceptable promotion schedule and result in a savings to the City. PUBLIC WORKS DEPARTMENT Original requests were for 21 new positions and 5 reclassifications totaling approximately $450,000. The Public Works Director has revised his original requests and has resubmitted the following, which this Committee concurs with and recommends Council approval. WASTEWATER DIVISION In order to upgrade the technical knowledge of wastewater and sewer maintenance personnel, we are recommending that the job specifications for the following positions be upgraded to reflect State and City certification require- ments: Wastewater Supervisor III from grade III to IV. · Wastewater Supervisor II from grade II to III. · Supervisor II (Sewer Maintenance) at a grade III certification level. We further recommend the creation of a new classification of Sewer Maintainer II at the present Sewer Maintainer salary range and the creation of a new classification of Sewer Maintainer I at a monthly salary range of $1,119 to $1,360. The present employees in the Sewer Maintainer classification will receive a title change to Sewer Maintainer II, however, through attrition the complement of authorized positions will be four Sewer Maintainer II and four Sewer Maintainer I. EQUIPMENT MAINTENANCE The first two of the Committee's following recommendations are made in order to maintain adequate supervision and proper lead assignments on all shifts in the City's Equipment Maintenance Division. Recently, the Public Works Director extended this divisions's working hours from 6 a.m. to 12 midnight in order to keep up with properly scheduled equipment maintenance. This has proven to be a very cost effective program, however, with the extended hours necessary, supervision must be provided. Bakersfield, California, February 3, 1982 - Page 7 397 The third recommendation is to place a present employee in a classification that more closely relates to the work that he is performing. Based on information provided to the GEP Com- mittee by management and the Employees Union regarding these requests, we are making the following recommendations: 1. Reclassify one Equipment Mechanic to Supervisor II at an annual cost of $2,500. Create the classification of Equipment Mechanic II at a monthly salary range of $1,734 to $2,113, and reclassify two Equipment Mechanic positions to Equipment Mechanic II. Total annual cost would be $2,000. Create the classification of Auto Body Repair Worker at a monthly salary of $1,672 to $2,031. Reclassify one Maintenance Craft Worker II to Auto Body Repair Worker. There are no increased costs in this recom- mendation. GENERAL SERVICES The General Services Division is the only major division in the Public Works Department that does not have backup support to the Superintendent. The department originally requested a new position of Supervisor III, however, due to the lack of funds, this Committee, with concurrence of the Department Heads, is recommending the reclassi- fication of one of the present Supervisor II's to Supervisor III in order to assume these additional responsibilities. We, therefore, recommend the following: Reclassify one Supervisor II position to Supervisor III and modify the job specifi- cations to reflect the change in job responsibilities. Total annual cost for this change would be $2,100. In order to keep up with the expansion of Sewage Treatment Plants No. 2 and No. 3, an additional Electrical Technician II position is needed. The present electrical staff cannot absorb this added responsibility and keep up with their present workload. The Committee is recommending Council approval of one new position of Electrical Technician II at an annual cost of $29,000 and the purchase of one new pickup truck at a cost of $11,000. ENGINEERING DIVISION We are recommending the change in title of eight Engineering Technician I positions to Construction Inspector II, and create a new classification of Bakersfield, California, February 3, 1982 - Page 8 Construction Inspector I at a monthly salary range of $1,590 to $1,937. All eight positions to be authorized at the Inspector II level, however, new employees will be hired at the Inspector I level. This will result in an overall savings to the City. This title change is recommended in order for the Construction Inspector to be more readily identified. SANITATION DIVISION In order to establish an acceptable 10% salary spread between the Sanitation Worker II and the Sanitation Worker III, we are recommending a 5% salary increase for the Sanitation Worker III classification. This increase will affect two employees and result in an annual cost of $1,900. The total annual cost of the one new position, ten reclassifications and sal. ary increases will be $45,500. The total amount for the remainder of fiscal year 1981-82 will be approximately $21,500 with an additional $11,000 for equipment costs. The GEP Committee is recommending Council approval of this report, approval of the changes in the Salary Resolution, approval of the job specifications, and approval of a budget transfer from the Council's Contingency Fund to the appropriate department accounts to offset these expenditures for the remainder of the 1981-82 fiscal year. Captain Patterson, Police Department, in answer to a question by Councilman Rockoff, explained the duties of the new classification of Police Trainee. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 1-82 regarding New Positions, Reclassifications and Salary Adjustments, was accepted; recommenda- tions as outlined in the report, were approved; and Budget Transfe:~ from the Council's Contingency Fund to appropriate department accounts to offset the expenditures for the remainder of the 1981-82 fiscal year, were approved. Adoption of Resolution No. 4-82 of the Council of the City of Bakers- field amending Resolution No. 56-81, setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Bakersfield, California, February 3, 1982 - Page 9 Upon a motion by Councilman Payne, Resolution No. 4-82 of the Council of the City of Bakersfield amending Resolution No. 56-81, setting salaries and related benefits for Officers and Employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes None Absent: None Councilman Strong, Chairman of the Intergovernmental Relations Committee, read Report No. 1-82 regarding Sale of a Portion of the City's Senior Center Site, as follows: In May, 1981, the City purchased property from the Bakersfield Association of Retarded Citizens (BARC) for the purpose of providing a Senior Citizens Center. Since that time, the staff has been working with the architectural firm of Donald Renfro & Associates in developing site plans for the remodeling of this facility. Recently, Mrs. Shirley Davidson, President of the St. John Manor Housing Corporation, approached the City Manager with a proposal of developing senior citizen housing. St. John's Corporation has received approval from HUD in the amount of $4 million for acquisition of land and the construction of 79 units of senior citizen housing. After the initial contact with staff, separate meetings were held with representatives of BARC, the Kern County Economic Opportunity Corporation (responsible for the operation of the senior center), representatives from HUD, and senior citizens who would be using the facility. Discussions centered around two proposals: 1) for the development of the property as it now exists, and 2) to sell 1.33 acres to St. John's Corporation. All of those contacted were in complete agreement that the sale of the land would be most advantageous for the following reasons: 1) The plan provides a more manageable relation- ship between the activities within the re- arrangement of buildings. 2) Additional funds will be available to re- habilitate the center. Presently, the City has budgeted $250,000 for this purpose, and the architect's estimate is $440,000. 3) The plan will facilitate the development of new senior housing adjacent to the center. 4OO Bakersfield, California, February 3, 1982 - Page 10 4) The City has the potential of another source for operating the Senior Center in the future. The Intergovernmental Relations Committee has discussed the various alternatives of the pro- posed Senior Citizens Center, and we are in agreement with the staff on their recommenda- tions. The two plans are posted on the bulletin boards and the staff is prepared to give a short presentation tonight. Following the presentation, we are recommending Council approval of the following: 1) Instruct the City Attorney to obtain an appraisal and pursue this sale of approxi- mately 1.33 acres of City owned land located at 530 - 4th Street. Such land must be developed and maintained in the future as senior citizen housing. 2) Request St. John's Corporation to purchase land located directly north of this property for additional parking. 3) Before the sale is finalized, the Attorney shall provide the Council with an agreement between the City and St. John's Corporation detailing the terms of the sale. Upon a motion by Councilman Strong, Intergovernmental Relations Committee Report No. 1-82 regarding Sale of a Portion of the City's Senior Center Site, was accepted; the City Attorney was instructed to obtain an appraisal or pursue the sale of approxi- mately 1.33 acres of City owned land located at 530 - 4th Street (such land must be developed and maintained in the future as senior citizen housing); St. John's Corporation is to be requested to purchase additional land located directly north of this property for additional parking; and the City Attorney, before the sale is finalized, shall provide the Council with an agreement between the City and St. John's Corporation detailing the terms of the sale. (A portion of this motion was approved later in the meeting.) Assistant City Manager-Personnel Russell and Community Development Coordinator Grady, with the aid of charts, described the plans for the Senior Citizens Complex and parking area. Councilman Barton, Chairman of the Water Board reported on the separation of Improvement District No. 4 from the Kern County Water Agency, as follows: Bakersfield, California, February 3, 1982 - Page The City has been desirous of separating Improvement District No. 4 from the Kern County Water Agency for a number of years. In the last month or so the Advisory Committee of the Water Agency has supported that concept. As of January 29, 1982, they took official action to support the separation of I.D. 4 from the Water Agency. The Water Board met this afternoon and received a letter from the Water Agency and established procedures to try to bring this about. The Water Board passed a motion to request support of the Council to proceed with granting authorization to staff and consultants to draft the necessary State legislation to bring about the separation of I.D. 4 from the Kern County Water Agency and authorize an advisory election in the future conducted by people within I.D. 4. Upon a motion by Councilman Barton, the Council went on record supporting the legislation necessary to separate Improvement District No. 4 from the Kern County Water Agency. Upon a motion by Councilman Barton, the Water Board Chairman was authorized to go before the Board of Supervisors seeking their support of the separation of Improvement District No. 4 from the Kern County Water Agency. Upon a motion by.Councilman Strong, recon~mendations as outlined in Intergovernmental Relations Committee Report No. 1-82 regarding Sale of a portion of the City's Senior Citizen Site, were approved. Director of Public Works Hawley reported on Assessment of Liquidated Damages on City Contracts, as follows: At a recent meeting of the City Council, there was considerable discussion concerning the assessment of liquidated damages and the amount of the assessment on City construction contracts. Staff has evaluated this matter and is providing the following information and recommendation for your consideration. All City construction contracts indicate a time of completion and the assessment of liquidated damages in the event that the work called for under the contract is not completed within a specified period of time. Liquidated damages are not assessed the Contractor during any delay in the completion of the work caused by acts of God, acts of the City, fire, floods, epidemics, Bakersfield, California, February 3, 1982 - Page 12 quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes if the Contractor, within ten (10) days from the beginning of any such delay, notifies the Engineer in writing of the causes of delay. On past contracts a nominal amount of $50 per day has been specified for each and every day's delay beyond the time prescribed to complete the work. Occasionally, a higher amount has been specified, but generally $50 per day has been used. This assessment was not intended to recover the Cit¥'s entire cost but only a nominal amount to encourage completion of the work. The City's cost per day for providing full time inspection on a construction project is approximately $200. Staff recommends that a minimum of $200 per day be established as the liquidated damages assessment for all construction contracts not completed within the time allowed by the contract. On certain construction projects, in particular those on high volume streets or in circumstances where excessive delays, detours or other in- conveniences to the public are a factor, the assessment should be increased. Since it is difficult to measure the cost to the public for some of these factors, the staff recommends a liquidated damages assessment charge between $200 and $500 per day. In those situations where staff proposes liquidated damages in excess of $200, the proposed amount of such liquidated damages will be noted in the agenda comment when the specifications are presented to the Council for approval. Upon a motion by Councilman Barton, report from the Director of Public Works regarding Assessment of Liquidated Damages on City Contracts, was accepted; and recommendations as outlined ill the report, were approved. NEW BUSINESS Adoption of Resolution No. 5-82 of the Council of the City of Bakers- field calling the Special Municipal Election, for the purpose of sub- mitting to the electors of the City an Advisory Measure, to be held on Tuesday, June 8, 1982. This item was placed on the Agenda at the request of the Council and provides for calling a Special Election for the purpose of submitting to the voters an advisory issue regarding the City's opposition to Zone of Benefit No. i Tax. Bakersfield, California, February 3, 1982 - Page 13 4O3 Councilman Means made a motion to adopt Resolution No. 5-82 of the Council of the City of Bakersfield calling the Special Municipal Election, for the purpose of submitting to the electors of the City an Advisory Measure, to be held on Tuesday, June 8, 1982. Mr. Jim Caswell, Teacher at West High School and a property owner and taxpayer in the Third Ward, presented a prepared statement requesting that the Advisory Measure be placed on the ballot for the June election. Mr. Thomas Schroeter, Attorney at Law, requested that the Council initiate the Advisory Election process as provided for in the Election Code. Councilmen Ratty, Barton and Rockoff expressed their objections to spending $15,000 for an Advisory Election when the outcome is already known. The Council cannot eliminate this tax. The Board of Supervisors must take the initial steps to eliminate it. Mrs. Jessie Laning expressed her concerns about the difficulty they have had getting information from the Kern County Water Agency and requested that the Council place an Advisory Measure on the June ballot regarding the Zone of Benefit No. 1 Tax. After a lengthy discussion, Mayor Shell declared a brief recess at 9:50 P.M. and reconvened the meeting at 10:00 P.M. Mr. Nate Krevitz requested that the Council take this matter off their back and let the voters decide whether they want to pay this tax or not. Upon a motion by Councilman Means, Resolution No. 5-82 of the Council of the City of Bakersfield calling the Special Municipal Election, for the purpose of submitting to the electors of the City an Advisory Measure, to be held on Tuesday, June 8, 404 Bakersfield, California, February 3, 1982 - Page 14 1982, was adopted by the following roll call vote: Ayes: Councilmen Christensen, ~eans, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Councilman Rockoff asked Mr. Krevitz to remember that when the $15,000 is spent for this election he suggested it. Mr. Krevitz stated he would be glad to pay it. Adoption of Resolution No. 6-82 of the Council of the City of Bakers- field requesting the Board of Supervisors of the County of Kern to order the consolidation of a Special Municipal Election, for the purpose of submitting to the electors of the City an Advisory Measure, with the State of California Direct Primary Election to be held on Tuesday, June 8, 1982, setting forth the exact form of the Measure to be voted upon at such elections as the same is to appear on the ballot. Upon a motion by Councilman Means, Resolution No. 6-82 of the Council of the City of Bakersfield requesting the Board o£ Supervisors of the County of Kern to order the consolidation of a Special Municipal Election, for the purpose of submitting to the electors of the City an Advisory Measure, with the State of California Direct Primary Election to be held on Tuesday, June 8, 1982, setting forth the exact form of the Measure to be voted upon at such elections as the same is to appear on the ballot, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4018 to 4230, inclusive, in the amount of $747,351.06. Bakersfield, California, February 3, 1982 - Page 15 40. (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (i) (m) (n) Claim for Damages from John J. Oliphant, 2400 San Pablo Street, Bakersfield. (Refer to City Attorney) Claim for Damages from William J. Clements, 601Pacheco Road, #247, Bakersfield. (Refer to City Attorney) Claim for Damages from John Stephen White, 1905½ - 17th Street, Bakers£ield. (Refer to City Attorney) Claim for Personal Injuries from Evelyn A. Mitchell, 502 "N" Street, Apt. C, Bakersfield. (Refer to City Attorney) Claim for Damages from Christopher N. Strange, 2520 Bishop Street, Apt. P, Bakersfield. (Refer to City Attorney) Claim for Damages from Foster's Freeze #97, 1300 California Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Gulf Oil Explora- tion & Production Company, 5200 Stockdale Highway, Bakersfield. (Refer to City Attorney) Application for Leave to Present Late Claim for Damages and Personal Injuries from Carolyn Walls, a minor, 1490 Stone- creek Drive, San Jose, California. (Refer to City Attorney) Request from Gary Nogle, Architect, on behalf of Central Federal Savings, for an amendment to the General Plan for commercial and professional office use of property located at the southeast corner of New Stine Road and Ming Avenue. (Refer to Planning Commission for study and recom- mendation) Petitions from the Kern City Civic Association, John Ingles, Ruth Derr and Ray Dezember, et al, for annexation of property known as Kern City. (Refer to Planning Commission for study and recom- mendation) Notice of Completion and Acceptance of Work on pavement construction on White Lane, between Ashe Road and Gosford Road, Contract No. 81-182 with Granite Construction Company. Application for Encroachment Permit from Edward L. Armstrong, 2468 Pine Street, Bakersfield, for construction of a raised curb planter at 222 Oak Street. Plans and Specifications for Panama Lane construction, Akers Road to South "H" Street. Bakersfield, California, February 3, 1982 - Page 16 (o) Plans and Specifications for resurfacing portions of Fjord Street from New Stine Road to Valhalla Drive, Stine Road from Park Circle to Ming Avenue, Real Road from Wilson Road to Planz Road and South Chester Avenue from Planz Road to the South City Limits. (p) Plans and Specifications for resurfacing portions of Panorama Drive from Mr. Vernon Avenue to Wenatchee Street, Loma Linda Drive from Union Avenue to Thelma Drive, Beech Street from 24th Street to "F" Street, 30th Street from Beech Street to "F" Street, and Flower Street from Baker Street to Owens Street. Upon a motion by Councilman Payne, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o) and (p) of the Consent Calendar, were adopted by the following roll call vote: Ayes Councilmen Christensen, Payne, Ratty, Rockoff, Strong, Barton Noes None Absent: Councilman Means ACTION ON BIDS Upon a motion by Councilman Christensen, low bid of Unicorn Electrical Products, in the amount of $8,511.80, for Ballasts and Sodium Lamps, was accepted and all other bids rejected. Upon a motion by Councilman Christensen, all bids for Firehose were rejected. Upon a motion by Councilman Christensen, low bid of Olesen, in the amount of $6,278.91, for a Spotlight for the Civic Auditorium, was accepted and the other bid rejected. Upon a motion by Councilman Payne, low bid of California Sheet Metal, in the amount of $17,549.00, for a Cooling Tower at City Hall, was accepted and all other bids rejected. Upon a motion by Councilman Rockoff, low bid of Hopper, Inc., in the amount of $6,272.36, for Iron Stock for Storage Shelving in Equipment Storage Building at the Corporation Yard, was accepted and the other bid rejected. Bakersfield, California, February 3, 1982 - Page 17 4O7 NEW BUSINESS Deferral of ratification of Rule No. 12 to the Miscellaneous Departments Civil Service Boards Rules and Regulations. The Employees' Union (S.E.I.U.) has requested that certain additions be made to the Miscellaneous Department Civil Service Board Rules and Regulations. The Department Heads provided input on the proposed additions and are in agreement. The Miscellaneous Departments Civil Service Board, at their meeting of January 19, 1982, acted favorably on the additions and recommended Council acceptance. Councilman Ratty stated he disagrees with new Rule No. 12.05, that would allow an employee to petition to have, what he feels is an unjust document in his personnel file, sealed for purposes of future Oral Board examinations. Upon a motion by Councilman Ratty, ratification of Rule No. 12 to the Miscellaneous Departments Civil Service Board's Rules and Regulations, was deferred until the Council Meeting of February 17, 1982, in order to allow time for Councilmen Ratty and Rockoff to meet with representatives of S.E.I.U. Approval of Lease and Maintenance Agreement with the Mennonite Brethren Church for the Bernard Street Storm- water Retention Basin. Staff received a request from the Mennonite Brethren Church to lease the City's Bernard Street Stormwater Retention Basin property for recreational purposes. Public Works Department reviewed the request and examined the property for possible City use, in addition to its use as a Stormwater Retention Basin. The property is located on a small interior parcel, which is relatively inaccessible and unsuitable for public recreational purposes. Presently the property is undeveloped except for the excavated retention basin. In order to determine if there were other interested parties, the parcel was advertised and one proposal was received Bakersfield, California, February 3, 1982 - Page 18 from the Mennonite Brethren Church. In lieu of rental they propose to landscape and install an irrigation system in the basin as shown on the plan attached to the agreement. The estimated cost of these improvements is $18,000 and they will become City property at termination of the 10-year lease. The estimated savings to the City in annual maintenance costs would be $850.00. Upon a motion by Councilman Strong, Lease and Maintenance Agreement with the Mennonite Brethren Church for the Bernard Street Stormwater Retention Basin, was approved and the Mayor was authorized to execute same. Approval of Budget Transfer to Upgrade 12 existing Police Vehicles and pur- chase necessary equipment. Staff has determined there are 12 existing white Police sedans which can be upgraded and used by all units of the Police Department, rather than limited to nonemergency use, thus relieving the shortage of emergency vehicles during overlap periods and bad weather. Items needed for the upgrading include sirens, shotgun racks, lights and radios, for a total cost of $8,805.06. In order to purchase the items staff requests a transfer of funds from the Council Contingency Fund to Equipment Parts. Councilman Christensen made a motion to approve a Budget Transfer from Account No. 11-76100-512 to Account No. 11-71500-451. in the amount of $8,805.06, for purchase of equipment needed to equip 12 existing Police Department vehicles for emergency use. Councilman Rockoff offered a substitute motion to approve a Budget Transfer from Account No. 11-76100-512 to Account No. 11-71500-451, in the amount of $125.40, to purchase equipment needed to equip 6 existing Police Department vehicles (Vehicles No. 5043, 5053, 5059, 5062, 5076 & 5094), for emergency use and within 30 days a report be made to the Council regarding the need for con- verting the remaining 6 vehicles. This motion failed to carry by Bakersfield, California, February 3, 1982 - Page 19 409 the following roll call vote: Ayes: Councilman Rockoff Noes: Councilmen Christensen, Means, Payne, Ratty, Strong, Barton Absent: None Councilman Christensen's motion to approve a Budget Transfer from Account No. 11-76100-512 to Account No. 11-71500-451, in the amount of $8,805.06, for purchase of equipment needed to equip 12 existing Police Department vehicles for emergency use, carried unanimously. Adoption of Resolution No. 7-82 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 284, LAFCO Pro- ceeding No. 779 (Kern City No. 2). The Kern City No. 2 Annexation cannot be processed until there is a negotiated exchange of Property Tax Revenues between the City and County. The County has agreed, by resolution, to the exchange of Property Tax Revenues. After the City's acceptance of the exchange, as provided in this resolution, the annexation can continue to be processed. Upon a motion by Councilman Means, Resolution No. 7-82 of the Council of the City of Bakersfield providing for the adjust.- ment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 284, LAFCO Proceeding No. 779 (Kern City No. 2), was adopted by the following roll call vote: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton None None Ayes: Noes: Absent: Adoption of Resolution No. 8-82 of the Council of the City of Bakers- field fixing the time of meetings of the Council during the months of March, April, May, June, July, August and September, 1982. 410 Bakersfield, California, February 3, i982 - Page 20 Upon a motion by Councilman Barton, Resolution No. 8-82 of the Council of the City of Bakersfield fixing the time of meetings of the Council during the months of March, April, May, June, July, August and September, 1982, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Resolution No. 9-82 of the Council of the City of Bakers- field approving the Amended Conflict of Interest Codes of the Attorney's Office, Auditorium-Recreation Committee, Auditorium-Recreation Department, Board of Building and Housing Appeals, Board of Zoning Adjustment, Business Tax Appeals Board, City Manager's Department, Community Development Department, Development Services Department, Finance Department, Fire Department, Fire Department Civil Service Board, Fire Department Pension Board, Miscellaneous Departments Civil Service Board, Police Civil Service Board, Police Department, Public Works Department, Redevelopment Agency, Retirement Appeals Board and the Water Department of the City of Bakersfield. The proposed amendments to the Conflict of Interest Codes of the above agencies were reviewed and considered at the duly noticed public hearing held at 12 Noon, January 25, 1982. The amendments are necessary to bring the Codes up to date with current law. The City Council is the approving authority. Upon a motion by Councilman Barton, Resolution No. 9-82 of the Council of the City of Bakersfield approving the Amended Conflict of Interest Codes of the Attorney's Office, Auditorium- Recreation Committee, Auditorium-Recreation Department, Board of Building and Housing Appeals, Board of Zoning Adjustment, Business Tax Appeals Board, City Manager's Department, Community Development Department, Development Services Department, Finance Department, Fire Department, Fire Department Civil Service Board, Fire Depart- ment Pension Board, Miscellaneous Departments Civil Service Board, Bakersfield, California, February 3, 1982 - Page 21 411 Police Civil Service Board, Police Department, Public Works Depart- merit, Redevelopment Agency, Retirement Appeals Board and the Water Department of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Resolution No. 10-82 of the Council of the City of Bakers- field amending Resolution No. 67-81, establishing a Records-Retention Schedule for the Police Department and approving destruction of records in accordance therewith. This resolution provides for the destruction of 24-hour radio/telephone logging tapes of the Police Department, which are 100 days old. The City Attorney has given his written consent for the destruction of the tapes. Recent enactment of State laws has permitted the destruction of these tapes after 100 days. The in- ability to destruct tapes after 100 days creates substantial increase in the costs for radio/telephone logging tapes of the Police Depart- ment. Upon a motion by Councilman Rockoff, Resolution No. 10-82 of the Council of the City of Bakersfield amending Resolution No. 67-81, establishing a Records-Retention Schedule for the Police Department and approving destruction of records in accordance therewith, was adopted by the following roll ca21 vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Resolution No. 11-82 of the Council of the City of Bakers- field approving the Block Grant Application for Grant Funds under the Urban Open-Space and Recreation Program for improvements at Patriots, Grissom, Planz, Wayside, Jastro, Central and Centennial Parks. 412 Bakersfield, California, February 3, 1982 - Page 22 Over the last six years the City has applied for and received funds from the Urban Open-Space and Recreation Program (SB 174). The City's estimated allocation for the 1982-83 fiscal year is $83,253. This allocation must be applied for within the next few weeks to meet a June 30th deadline for a signed agreement. The City was recently told that the State may reduce its partici- pation in the program and that funding priority will be given to applications according to their filing dates. It is, therefore, requested that the staff be authorized to file an application based on a tentative list of projects. If the tentative list is modifie~J during the budget sessions, the City's application can be amended, if done prior to the June 30, 1982, deadline. Upon a motion by Councilman Christensen, Resolution No. 11-82 of the Council of the City of Bakersfield approving the Block Grant Application for Grant Funds under the Urban Open-Space and Recreation Program for improvements at Patriots, Grissom, Planz, Wayside, Jastro, Central and Centennial Parks, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes None Absent: None EXECUTIVE SESSION Upon a motion by Councilman Christensen, the Council recessed to an Executive Session regarding potential ligitation at 10:30 P.M. The regular meeting was reconvened at 10:53 P.M. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:55 P.M. AYOR o~ '~///~ -- M~xu~ os ty City of Bakersfield, Calif. ATTES~ , . CITY CLERK/and ~x Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, February 10, 1982 '413 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 10, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Mayor Shell. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Strong Barton, Christensen Absent: Councilman Means. SCHEDULED PUBLIC STATEMENTS Mr. Jules Moquin, representing the Greater Bakersfield Crime Commission, presented to the Council the Final Report of the Commission dated December 1981 and requested that the Council establish a permanent 21 member Crime Commission. Councilman Payne made a motion to accept the Crime Commission Report and refer it to staff for economic feasibility recommendations. He further moved that the Council act on Recommend- ation No. l0 to establish a permanent commission made up of the reappointment of the original nine members and appointment of additional members made in composite by members of the Board of Supervisors, Council and Mayor. This motion was approved unanimously. Mr. Moquin will report back to the Council at the meeting of February 17, regarding action taken by the Board of Supervisors at their meeting on February 16, 1982. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from the City of La Mesa, dated February 4, 1982, requesting support and attendance in Sacramento on February 18, 1982 during meetings with Governor Brown's staff regarding state budgets, was received and ordered placed on file. Upon a motion by Councilman Strong, communication from Sanitation Engineers-Food Concessions requesting renewal and exten-- sion of current lease and price increase, was received and referred to Auditorium-Recreation Committee. 414 Bakersfield, California, February 10, 1982 - Page 2 Upon a motion by Councilman Strong, communication from Independent Cities Association of Los Angeles seeking support for passage of Senate Constitutional Amendment 7 (SCA 7) was received and ordered placed on file. COUNCIL STATEMENTS Councilman Payne reported that the City's Chief Labor Relations Negotiator, Mr. Nick Counter, has accepted a position with the Movie Producers' Association and will not be available during the next three years. He further indicated that the Governmental Efficiency and Personnel Committee will be meeting with several labor relations negotiators and will make a recom- mendation to the City Council. Councilman Barton reported on a meeting held with the Board of Supervisors regarding Improvement District No. 4 at which the Board approved in concept the separation of ID No. 4 from the Kern County Water Agency. Councilman Rockoff stated he was contacted by the Chair- man of the South San Joaquin Division of the League of California Citites asking him to represent that division in a financial review of the League of California Cities and its dues. The City of Bakersfield will be asked to pay for expenses. Councilman Strong made a motion that the Council appoint Councilman Rockoff to represent the South San Joaquin Division and the City of Bakersfield pay for expenses incurred while serving in this capacity. This motion passed unanimously. Upon a motion by Councilman Ratty, George H. Barnett, St. was reappointed as a member of the Kern Mosquito Abatement District Board of Trustees, term expiring December 31, 1983. Mayor Shell announced she would be absent from the February 17 and 24th meetings because of major surgery, but would be back for the March 3rd meeting. Mayor Shell reminded the Council that Judy Clausen was to attend tonight's meeting but was unable to because of illness and asked that her appointment to the Redevelopment Agency b.e deferred until the March 3rd meeting. Bakersfield, California, February 10, 1982 - Page 3 REPORTS Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 1-82 regarding Bakersfield College Request for Bleachers, as follows: On June 17, 1981, the City Council approved an additional $15,000 from the Council Contingency Fund in order to fund the con- struction of the lights for the softball dia- mond at Bakersfield College. The City Council had previously approved $30,000, consequently, making the total estimated cost to be $45,000. The softball facility has subsequently been completed, and on December 2, 1981 the City Council received a request from Bakersfield College to use remaining funds (from the $45,000 grant) to purchase and install approx- imately 200 seats behind the home plate. The correspondence from Bakersfield College estima- ted the remaining funds to be $7,700. This committee has met with City staff and reviewed the total cost of the lighting project and has noted the estimate ~rom Bakersfield College did not include engineering design costs. Consequently, we have determined the balance of unspent funds to be only $1,684. This amount would be insufficient to fund the request of Bakersfield College. It should also be noted, the original plans and intent did not provide for the construction of bleachers at the soft- ball facility. Therefore, this committee recommends the City Council reject the request of Bakersfield College to have the City pay for the construc- tion of bleachers. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 1-82 regarding Bakersfield College Request for Bleachers, was accepted;'and recommendations as outlined in the report, were approved. Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 2-82, regarding Bike Trail Along Kern River, as follows: The City Council had previously authorized staff to make a grant application to the Kern Council of Governments for Transportation Development Act funds to be used to construct a bike path along the Kern River. The appli- cation has been approved and $450,000 has been set aside solely for the funding of a bike trail project. 416 Bakerfield, California, Fgbruary tO, 1982 - Page 4 This committee has met with City staff to review the proposed project. Such discussions included the proposed alignment and right-of-way, the archery range in the vicinity of the pro- posed bike trail, and Police patrolling. The proposed bike trait alignment will run between Cal State Bakersfield and Highway 99, bound by Truxtun Avenue Extension and the Kern River. The total distance o£ the trail wilt be approximately 4 1/2 miles, of which the City owns approximately 4 1/4 miles. It will be necessary for the City to acquire the remaining 1/4 mile. On November 18, 1981, the City Council received correspondence from Nomad Bowmen, Inc. express- ing their concern over the possibility of losing their archery range, which is located in the vicinity of the proposed bicycle path. Concern was prompted by the possibility of stray arrows endangering bike riders on the path. City staff members have met with members of the Archery Club and determined that a rearrangement of targets within the club would eliminate the possibility of stray arrows reaching the bike path. While discussing and reviewing this committee's concern over Police protection on the bike trail, it was noted that the existing bike trait running along the Kern River, East of Chester Avenue to Manor Street, is frequently used by the Police Department to patrol the area. Consequently, the proposed bike trail can be patrolled and users afforded Police protection in the same manner. Also, a major portion of the bike trail will be in close proximity and full view of traffic and Police patrols traveling the Truxtun Avenue Extension. The proposed project is estimated to cost $442,000, including construction and right-of-way acquisition. Therefore, this committee recommends the City Council: l) Approve the proposed bike trail project. 2) Approve the alignment of the bike trail and authorize staff to proceed with design and acquisition of right-of-way. Upon a motion by Councilman Ratty, Water and City Growth Committee Report No. 2-82, regarding Bike Trait Along Kern River, was accepted; and recommendations as outlined in the report, were approved. Mr. Rick O'Neil, representing the Kern River Parkway Committee, spoke to the Council in support of the Nomad Bowmen Archery Range location. Bakersfield, California, February 10, 1982 - Page 5 -417 Mr. Gary McCane, Member of the Nomad Bowmen Archery Club, spoke to the Council regarding the location of the archery range. HEARINGS This is the time set for public hearing before the Council for hearing report of Building Official specifying work done, cost of work, and description of property upon which Dangerous Buildings; have been demolished and hearing protests or objections thereto. This hearing has been duly advertised and the property owners have been notified as required by law. Building Director Bidwell outlined the Dangerous Building Demolition Program. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Barton, Resolution No. 12-82 of the Council of the City of Bakersfield confirming the report of the Building Director Re Assessments of certain properties in the City for demolition of Dangerous Buildings, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton Christensen Noes: None. Absent: Councilman Means. This is the time set for public hearing regarding Amend- ment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and Proposed Environmental Documents concerning the following general areas: Segment I: TENNECO REALTY DEVELOPMENT CORPORATION has applied to change the land use designation on 25.27 acres located between Truxtun Avenue Extension and the Carrier Canal, West of Mohawk Street, from Open Space to Office. Bakersfield, California, February 10, 1982 - Page 6 Segment II: TENNECO REALTY DEVELOPMENT CORPORA?ION has applied to change the land use designation on approximately 80 acres located between Truxtun Avenue Extension and the Carrier Canal, East of Mohawk Street and South of the Atchison, Topeka and Santa Fe Railroad, from Open Space to Industrial. Segment III: TENNECO REALTY DEVELOPMENT CORPORATION has applied to change the land use desig-. nation on 4.7 acres located at the South- east corner of Truxtun Avenue Extension and Coffee Road from Open Space to Commercial. Segment IV: TENNECO REALTY DEVELOPMENT CORPORATION has applied to change the land use designa- tion on 8.27 acres located on the South- east corner of Old River Road and proposed Camino Media from Medium Density Residential to Office. Segment VI: CITY OF BAKERSFIELD has applied to change the land use designation on 47 acres located North of Ming Avenue, generally between New Stine Road and Ashe Road from Medium Density Residential to Low Density Residential. Segment VII: DICKINSON/WADSWORTH ASSOCIATES has applied to change the land use designation on 16.1 acres located on the Southeast corner of the proposed intersection of Fairfax Road and Paladino Drive from Open Space to Commercial. Segment VIII: MORELAND ENGINEERING, INC. has applied to change the land use designation on 1.37 acres located on the South side of Pacheco Road, between South "It" Street and Jonah Street, from Low Density Residential to Commercial. Segment IX: JOHN SABOVICH AND RICK SCOTT have applied to change the land use designation on approximately 15 acres located North of 34th Street, between Bakersfield Memorial Hospital and the East Side Canal from Medium Density Residential to Office. Segment X: DAVID MILAZZO has applied to change the land use designation on 3.78 acres located on the Southeast corner of Ming Avenue and Canter Way from Low Density Residential to Commercial on 0.98 acre and to Office on 2.8 acres. This hearing has been duly advertise~ and the property owners notified as required by law. The Planning Commission approved Negative Declarations for Segments I, II, III, IV, VI, VII, VIII, IX, and X, and recom- mended approval of Segments I, II, III, IV, VI, VII, IX, and X. Bakersfield, California, February 10, 1982- Page 7 The Planning Commission, after a public hearing held December 17, 1981, approved the Negative Declaration, but recom- mended denial of Segment VIII, as delineated in Planning Commission Resolution No. 83-81. Mayor Shell declared the hearing open for public participation on Segment I. Mr. Chuck Tolfree, Tenneco Realty Development Corporation, spoke in favor of Segment I. No protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deliberation. Mayor Shell declared the hearing open for public partici-- pation on Segment II. Mr. Chuck Tolfree, Tenneco Realty Development Corporation, spoke in favor of Segment II. No protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deliberation. Mayor Shell declared the hearing open for public partici-- pation on Segment III. Mr. Chuck Tolfree, Tenneco Realty Development Corporation, spoke in favor of Segment III. No protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deliberation. Mayor Shell declared the hearing open for public partici- pation on Segment IV. Mr. Chuck Tolfree, Tenneco Realty Development Corporation, spoke in favor of Segment IV. No protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deliberation. Mayor Shell declared the hearing open for public partici- pation on Segment VI. No protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deliberation. Mayor Shell declared the hearing open for public partici- pation on Segment VII. Bakersfield, California, February 10, 1982 - Page 8 Mr. Burdell Dickinson spoke in favor of Segment VII. No protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deliberation. Mayor Shell declared the hearing open for public partici- pation on Segment VIII. Mr. Carl Moreland, Moreland Engineering, spoke in favor of Segment VIII. No protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deliberation. Planning Director Sceales indicated that there had been a petition, in opposition to the Land Use Change, submitted to the Planning Commission signed by most of the property owners to the south of the area in Segment VIII. He further indicated that Staff had recommended against Segment VIII because of the location and size of these lots and their proximity to the adjacent property owners. Mayor Shell declared the hearing open for public partici- pation on Segment IX. Mr. Roger Mcintosh, representing Martin-Mcintosh, Engineer for the developer, spoke in favor of Segment IX. No protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deliberation. Mayor Shell declared the hearing open for public partici- pation on Segment X. Mr. David Milazzo, Clement/Milazzo/Walters/Elliott Architects, spoke in favor of Segment X. Mr. Mike Mason indicated that he had circulated a petition against the rezoning, but after reviewing the planned project, he is now in favor and will lend support to the project. No protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deliberation. Bakersfield, California, February 10, 1982 - Page 9 Upon a motion by Councilman Christensen, Resolution No. 13-82 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment I of proposed Amendment to the Land Use Element of the Bakersfield ~etropolitan Area General Plan (Land Use Amendment 3-81) was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Payne, Ratty, Christensen of the Rockoff, Strong, Barton Noes. Councilman Means. Upon a motion by Councilman Strong, Resolution No. 14-82 Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment II of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 3-81) was adopted by the following roll call vote: Ayes Councilmen Payne, Ratty, Rockoff, Strong, Barton Christensen Noes None. Absent: Councilman Means. Upon a motion by Councilman Christensen, Resolution No. 15-82 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment III of proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 3-81) was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton Christensen Noes: None. Absent: Councilman Means. Upon a motion by Councilman Strong, Resolution Nos. 16-82; 17-82; and 18-82 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segments IV, 422 Bakersfield, California, February 10, 1982 - Page l0 VI, and VII of proposed Amendments to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amend- ment 3-81) was adopted by the Following roll call vote: Ayes Councilmen Payne, Ratty, Rockoff, Strong, Barton Christensen Noes None. Absent: Councilman Means Upon a motion by Councilman Christensen, Resolution No. 19-82 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and Disapproving and Denying Segment VIII of proposed Amendment to the Land Use Element of the Bakers- field Metropolitan Area General Plan (Land Use Amendment 3-81) was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes: None. Absent: Councilman Means. Upon a motion by Councilman Strong, Resolution Nos. 20-82 and 21-82 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment IX and X of proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 3-81~ were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes: None. Absent: Councilman Means. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:40 P.M. y~R o~f ~/.~~ MA C~ty of Bakersfield, Calif. ATTES~T: ~ CITY CLEI~K and/Ex Off ici~ Clerk of the Council of the City of Bakersfield, California CW Bakersfield, California, February 17, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 17, 1982. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance and Invocation by Reverend Robert B. Vermeer, Christian Reform Church. The City Clerk called the roll as follows: Present: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means (seated at 9:10 P.M.), Payne Absent: Mayor Shell Minutes of the regular meeting of February 3, 1982 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Jules Moquin, representing the Greater Bakersfield Crime Commission, stated the Board of Supervisors took action to establish a permanent 21 member Crime Commission and requested that the Council appointments be made by the end of this month. Councilman Rockoff requested a list of the present nine members of the Crime Commission. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Sheryl Barbich, Chairman of the Zoning Ordinance Review Advisory Committee, dated February ll, 1982, thanking the Council for the opportunity to serve the community and urging approval of the Zoning Ordinances drafted by City staff implementing ZORAC's recom-. mendations, was received, ordered placed on file and the members of ZORAC were commended for the many hours they donated to the City on this project. COUNCIL STATEMENTS Councilman Strong informed the Council that he intends to make a motion at the next Council Meeting to reappoint Mr. Louis G. Whitfield to the Miscellaneous Departments Civil Service Board. Bakersfield, California, February 17, 1982 - Page 2 REPORTS Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 2-82 regarding Alcoholic Beverage Consumption and Curfew in City Parks, as follows Report No. 16-81 of August 12, 1981 from the Budget Review and Finance Committee contained certain recommendations regarding alcoholic beverage consumption and curfew in City parks. On August 26, 1981, the recommendations were reviewed by the City Council and the Council imposed a curfew from ll:00 p.m. to 7:00 a.m., enacted a noise ordinance and deferred any further action on implementing the report's recommendations regarding the consumption of alcoholic beverages until February l, 1982. This committee has met with City staff, including Police Department, and discussed various requests from City residents regarding changing the curfew to 11:00 p.m. to 5:00 a.m. (from ll:00 p.m. to 7:00 a.m.). It was noted the parks are frequently used in the early morning hours for jogging, tennis, etc. Therefore, we would so recommend a change in the ordinance and this be considered first reading. Additionally, we feel further Council action should continue to be deferred until the first Council Meeting in September, 1982. By doing so, it will afford City staff the opportunity to survey City parks and any related problems through the summer months. Councilman Rockoff made a motion that Budget Review and Finance Committee Report No. 2-82 regarding Alcoholic Beverage Consumption and Curfew in City Parks, be accepted; recommendations as outlined in the report approved; and first reading be considered given an Ordinance amending Section 12.56.050 (J) relative to Park Curfew. Councilman Payne stated he intends to vote against the motion. He is not against the change in park hours, however, he is opposed to delaying action on the recommendation regarding con- sumption of alcoholic beverages in City parks. This is a real problem to property owners in the area surrounding parks. In answer to a request by Councilman Christensen, City Attorney Oberholzer explained Civil Injunctions that the Los Angeles County District Attorney's Office have used in Pomona and West Bakersfield, California, February 17, 1982 - Page 3 425 Covina to control noise, littering and harassment by s~reet gangs congregating in residential areas. Councilman Christensen offered a substitute motion that Budget Review and Finance Committee Report No. 2-82 regarding Alcoholic Beverage Consumption and Curfew in City Parks, be accepted; and recommendations as outlined in the report approved, except that a final report from the Committee and staff be provided to the Council no later than June 30, 1982. After further discussion this motion was approved by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Payne Noes: Councilman Strong Absent: Councilman Means First reading of an Ordinance of the Council of the City of Bakersfield amending Section 12.56.050 (J) of the Bakersfield Municipal Code relative to Park Curfew. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 12.56.050 (J) of the Bakersfield Municipal Code, relative to Park Curfew. Director of Public Works Hawley reported on the Speed Zone Survey on Panorama Drive, as follows: Councilman Rockoff requested a speed zone survey on Panorama Drive between Haley Street and Fairfax Road. Accident history, prevailing speeds and other factors considered for speed zone surveys do not support changing the existing 45 MPH speed limit from Haley Street to Columbus Street. Study data does indicate that the presently unposted 55 MPH zone east of Columbus Street should be lowered to 45 mph. A review of the accidents in the study area indicated that alcohol use, improper lane changes and inattention and not speed were the cause of accidents. Enforcement activities using existing regulations would probably have the greatest impact on accident reduction. However, this effort depends greatly on radar enforcement of speed limits. The California Vehicle Code effectively requires that estab- lished speed limits be justified by a traffic and engineering survey made within five years if radar is used to enforce the speed limits on major streets (to avoid "speed trap" Bakersfield, California, February 17, 1982 - Page 4 connotations). Notable exceptions to the survey requirements are school zones, local streets and the 55 mph maximum speed limit. The attached report covers speed zones in more detail and summarizes the result of the traffic and engineering survey made on Panorama Drive east of Columbus Street. The survey has been reviewed by the Traffic Division of the Police Department and they concur with the recommenda- tion. It is my recommendation that this study and a resolution establishing a 45 mph speed limit on Panorama Drive east of Columbus Street be presented to the Council for Council action on February 17, 1982. Adoption of Resolution No. 22-82 of the Council of the City of Bakers- field amending the Official List of designated Special Speed Zones, pursuant to Section 10.24.020 of the Bakersfield Municipal Code. Upon a motion by Councilman Rockoff, Resolution No. 22-82 of the Council o£ the City of Bakersfield amending the Official List of designated Special Speed Zones, pursuant to Section 10.24.020 of the Bakersfield Municipal Code, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Payne Noes: None Absent: Councilman Means Upon a motion by Councilman Strong, Annual Report for 1981 submitted by the Civil Service Boards for Fire, Police and Miscellaneous Departments, was received and referred to the Governmental Efficiency and Personnel Committee for study and recommendation. Police Chief Price reported on the 1981 Crime Statistics, as follows: Very shortly the F.B.I. will release their preliminary Crime Statistics for the nation. The Police Department's staff computed some preliminary statistics and felt the Council would like a brief overview of what 1981 was like for the City o£ Bakersfield. A complete report on the total activities will be pre- sented at a later date. Bakersfield, California, February 17, 1982 - Page 5 1 Study, It appears that the earlier reported crime reduction held throughout the year. As a matter of fact the total orime reported to the Bakersfield Police Department during 1981 was down 10.7%. That is the largest single de- crease in crime, as far as is known, in the history of the City of Bakersfield. The seven major felonies that most cities are measured by show a reduction of 5.6%. In most instances the clearance rate has been increased from 5% to 36%, which is very good. The nation- wide average of clearance rate is about 21%. The Police Department has had a very good year, or at least a better year. This does not make up for the years the crime rate increased. Violent crimes were up approximately 2.8%. The clearance rate was up to approximately 60%. Property crimes is where there was a major decrease and they dropped approximatley 6%. The clearance rate was approximately 30.5%. There was a decrease in Armed Robbery of 3.7% and Burglary of 1.6%. The extreme decrease in Petty Thefts and Malicious Mischief have caused some concern. There was a 16% decrease in Petty Thefts and a 21% decrease in Malicious Mischief. Chief Price stated he is concerned as to whether or not there was really a decrease that large or have things gotten to the point where people felt there was no use in reporting it. Field arrests for Armed Robbery and Burglary were up 41% and 34%. That means more criminals were caught on the spot or within a few blocks of the crime. A complete report on the Police Department's activities will be given to the Council at a later date. City Manager Kelmar reported on the Zone of Benefit No. as follows: Last December, when Vice-Mayor Barton appeared before the Board of Supervisors on the Zone of Benefit No. 1 Assessment requesting that a study be conducted regarding the appropriateness of the Zone of Benefit No. 1 as it affects the City of Bakersfield, a commitment was made by the Kern County Water Agency that the City would be involved in the selection of the Consultants who will perform the work and would also have a say as to who would or would not be involved in the study. Last Thursday a letter was received from the Kern County Water Agency regarding an initial 42R Bakersfield, California, February 17, 1982 - Page 6 meeting that would be held in San Francisco on Friday with consultants that Stuart Pyle selected. Due to the holidays a meeting could not be held with Mr. Pyle until yesterday. City Manager Kelmar stated he expressed his concern to Mr. Pyle about this initial meeting and that the City has not had an opportunity to have a say as to who these people are and whether or not the City concurs with their selection. Mr. Pyle furnished resumes of some of the individuals and copies have been sent to the City's Water Consultant Tom Stetson for a determination as to the competency of some of the individuals. City Manager Kelmar stated he is concerned because some of the individuals from the firm who conducted the initial study, years ago, are apparently involved in this study. It is inappropriate for them to be involved at this point in time. Mr. Pyle also indicated that later in the study one of the consultants that will be used will be the Attorney that repre- sents the Kern County Water Agency. City Manager Kelmar asked if the Council wanted anyone to attend the meeting Friday in San Francisco. Mr. Pyle indicated that if the City has a problem with any of these people that our comments would be taken into consideration. City Manager Ke~mar stated he is concerned because they are starting without the City's concurrence and also some individuals are involved that should not be involved. They are also proposing to use a model one of these individuals has developed and the City does not know the model's capability. Mr. Stetson will be making inquiries and submit an opinion about its value. Mr. Stetson will be unable to attend the meeting in San Francisco due to a prior commitment. Councilman Christensen stated he felt it was imperative that the City have representation at the meeting and made a motion to that effect. During discussion this motion was withdrawn. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4231 to 4442, inclusive, in the amount of $926,641.53. (b) Claim for Damages from Mrs. Mary Louise Limi, 2209 Wilson Road, Bakersfield. (Refer to City Attorney) Bakersfield, California, February 17, 1982 - Page 7 (c) (d) (e) (f) (g) (h) (i) Street Right-of-Way Deed from Planz Village Development Company for additional street dedication as required by the Planning Commission for Parcel Map No. 6354, located at the southeast corner of Planz Road and Stine Road. Storm Drain Easement from Park West, a Limited Partnership, for a 20 foot storm drain easement as required by the Planning Commission for Parcel Map No. 6354, located at the southeast corner of Planz Road and Stine Road. Street Right-of-Way Deed and Drainage Easement from Bakersfield City School District as required by the Planning Commission for Tract No. 4421, Unit "A", located on the south side of Panorama Drive at University Avenue. Street Right-of-Way Deed from Kern Union High School District to the City of Bakersfield and Quitclaim Deed from the City of Bakersfield to the Kern Union High School District for an exchange of land allowing the City to acquire street right-of-way for construction of a knuckle at Charger Avenue and Meadow Vista Street. This construction is required by the Planning Commission for Tract No. 4421, Unit "A", located on the south side of Panorama Drive at University Avenue. Maps of Tract Nos. 4442 and 4443 and Improvement Agreements with La Hacienda, Inc., for construction of improvements therein, located southerly of State Route 178, easterly of Alfred Harrell Highway. Notice of Completion and Acceptance of Work on the Kern River First Point Metering Structure located in Section 35, Township 28, Range 28, M.D. B. & M., Contract No. 81-133 with P. R. Field, Inc. Notices of Completion and Acceptance of Work for: Curb and gutter in the Lowell Addition Area, Phase I, Contract No. 81-129 with Madonna Construction. Resurfacing "F" Street pavement, 21st Street to Golden State Avenue, Contract No. 81-128 with James G. Francis Contractor, Inc. The contractor was 76 days over contract completion date. Staff recommends that the contract be assessed liquidated damages computed to be $3,800 (76 days @ $50/day = $3,800). The liquidated damages proposed have been reviewed with the contractor. (Item (i) continued on next page) Bakersfield, California, February 17, 1982 - Page 8 (J) (k) (i) (m) (n) (i) Continued Resurfacing portions of Ming Avenue, Wilson Road, South Real Road and Stine Road, Contract No. 81-151 with James G. Francis Contractor, Inc. The contract was 55 days over contract completion date. Staff recommends that the contractor be assessed liquidated damages computed to be $3,384.37 (55 days @ $50/day, plus $634.37 for emergency callout = $3,384.37). The liquidated damages proposed have been reviewed with the contractor. Resurfacing White Lane, Hughes Lane to the City Limits, Contract No. 81-167 with James G. Francis Contractor, Inc. The contractor was 49 days over contract completion date. Staff recommends that the contractor be assessed liquidated damages computed to be $2,564.85 (49 days @ $50/day, plus $114.85 for emergency callout = $2,564.85). The liquidated damages proposed have been reviewed with the contractor. Construction of a Pumphouse over Well No. 9, Contract No. 81-157 with Sigma Construction, Inc. Application for Encroachment Permit from Kern Rock Company on the east side of Tulare Street between Chico Street and Delores Street. Concrete mixing trucks from the Kern Rock Plant have caused extensive damage to curb, gutter and street paving along Tulare Street. The Company proposes constructing and main- taining an 8" thick concrete slab 10 foot wide and 90 foot long within the parking lane of the street. Application for Encroachment Permit from John Stinson, 1125 East 21st Street, for construction of a building facade 12 foot above the sidewalk at 218 Kentucky Street, extending 1 foot 4" into the right-of-way. Plans and Specifications for resurfacing South "H" Street between Ming Avenue and 700 foot north of Fairview Road. Plans and Specifications for Traffic Signal Systems at 17th Street and "F" Street, Baker Street and East Truxtun Avenue, and Beale Avenue and East 19th Street. Contract Change Order Nos. i and 2 to Contract No. 81-181 with Gray Construction for remodeling and addition to Fire Station located at 2101 "H" Street. Change Order No. l, in the amount of $1,089, provides for relocation of utilities not shown on the contract plans, which conflict with the proposed foundations. Change Order No. 2, in the amount of $707.25, provides for an additional wall and door in the Captain's quarters and Squad Room. Bakersfield, California, February 17, 1982 - Page 9 4.31 (o) Revised Stormwater Catch Basin Standards, Drawing Nos. S-12, S-13 and S-14. In answer to a question by Councilman Ratty, Director of Public Works Hawley stated, in regards to the Chester Avenue Underpass, with the additional time given to the contractor for bad weather and delays out of his control the most recent allowable completion time is March 30, 1982. Today the Engineer anticipated the completion date about May l, 1982. That is about 4 weeks earlier than the estimate made to the Council at the beginning of the year. Mr. Francis has been making a real effort to meet or come close to meeting his commitments. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Payne Noes: None Absent: Councilman Means ACTION ON BIDS Upon a motion by Councilman Payne, low bid of Granite Construction Company, in the amount of $37,748.50, for resurfacing Wilson Road, Hughes Lane to Castro Lane, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of E & S Electrical Construction, in the amount of $126,115, for construction and modification of Traffic Signal Systems at Truxtun Avenue and Coffee Road, Wilson and New Stine Roads, and Ming Avenue and Castro Lane, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rockoff, all bids for the Motor Grader were rejected and the Finance Department was authorized to rebid the project. Bakersfield, California, February 17, 1982 - Page l0 Upon a motion by Councilman Payne, low bids of Berchtold Equipment, in the amount of $14,992.64, for a 40 H.P. Tractor Loader and San Joaquin Tractor, in the amount of $2,354.48, for a Trailer ~ounted Sprayer, were accepted and all other bids rejected. Upon a motion by Councilman Rockoff, low bid of Baker's Welding, in the amount of $1,473.35, for Welding Supplies (Annual Contract), was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Rate increase in the incorporated service area of the City for Warner Amex Cable Communications, Inc., as stipulated in their letter dated January 25, 1982. At the Council Meeting of February 3, 1982, the Council requested that this itme be placed on the Agenda for tonight's meeting. Mr. William Swanson, representing Warner Amex Cable Communications, answered questions of the Council and explained the reasons they would like to increase their rates within the incorporated service area of the City. (Councilman Means took his seat at 9:10 P.M.) Mr. Bill Brimstead, representing Warner Amex Cable Communications, explained the changes they have had in top manage- ment during the last 18 months. Upon a motion by Councilman Rockoff, communication from Warner Amex Cable Communications, Inc., dated January 25, 1982, regarding a rate increase in the incorporated service area of the City, was received and ordered placed on file. Deferral of ratification of Rule No. 12 to the Miscellaneous Departments Civil Service Board's Rules and Regulations. The Employees' Union (S.E.I.U.) requested that certain additions be made to the Miscellaneous Departments Civil Service Board's Rules and Regulations. Bakersfield, California, February 17, 1982 - Page The Miscellaneous Departments Civil Service Board, at their meeting of January 19, 1982, acted favorably on these additions and recommend Council acceptance. At the Council Meeting of February 3, 1982, the Council requested that this item be deferred until tonight's meeting in order to allow time for Councilmen Ratty and Rockoff to meet with representatives of S.E.I.U. to discuss Rule No. 12.05. Mr. Chuck Waide, Kern County Employees' Association - S.E.I.U. Local 700, explained the reasons Rule No. 12.05, which would allow an employee to petition to sea1 a document in his personnel file he believes unjustly harms his opportunity before an Oral Board, was recommended to the Council for approval. During discussion, Councilman Ratty made a motion that ratification of Rule No. 12, deleting No. 12.05, to the Miscellaneous Departments Civil Service Board's Rules and Regulations, be approv.ed. After discussion, Councilman Christensen offered a substitute motion that ratification of Rule No. 12 to the Miscellaneous Departments Civi~ Service Board's Rules and Regulations, be deferred for 60 days. This motion failed to carry by the following roll call vote: Ayes: Councilmen Strong, Christensen, Means Noes: Councilmen Ratty, Rockoff, Barton, Payne Absent: None Upon a motion by Councilman Christensen, Vice-Mayor Barton declared a brief recess at 10:00 P.M. and reconvened the meeting at 10:05 P.M. Councilman Strong offered a substitute motion that ratification of Rule No. 12 to the Miscellaneous Departments Civil Service Board's Rules and Regulations, be deferred until the Council Meeting of March 3, 1982. This motion was approved with Councilman Rockoff voting in the negative. 4. 4 Bakersfield, California, February 17, 1982 - Page 12 NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of Watts Drive, west of Madison Street. This amendment was initiated by the Planning Commission and would change subject properties from an R-1 (One Family Dwelling) Zone to an M-1 (Light Manufacturing) and C-1 (Limited Commercial), or more restrictive Zones. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield.located on the north side of Watts Drive, west of ~adison Street. Approval of Agreement with State of California, Department of Transpor- tation, for modification and maintenance of Traffic Signal and Street Lighting Systems at the intersection of Oak Street and 24th Street. Due to the traffic congestion and number of accidents at the intersection of Oak and 24th Streets, the State has approached the City as to its interest in participating in an intersection modification at this location. Staff feels it would be a very desirable project and recommends the City participate. Cost of roadway items, such as paving, will be borne 100% by the State and the City's participation will be limited to 50% of traffic signal and lighting items. The City's estimated share, $55,700, is not budgeted, however, funds are available from savings on completed street projects, Fund No. 56-79500-293. Upon a motion by Councilman Ratty, Agreement with the State of California, Department of Transportation, for modification and maintenance of Traffic Signal and Street Lighting Systems at the Bakersfield, California, February 17, 1982 - Page 13 4. 5 intersection of Oak and 24th Streets, was approved, the ~ayor was authorized to execute same and Budget Transfer from Fund No. 56-79500-293 to the appropriate account, in the amount of $55,700, was approved. Approval o£ Agreement with the County of Kern for installation and main- tenance of Traffic Signal and Street Lighting System at the intersection of Akers and Wilson Roads. The County desires to proceed with this project as soon as possible to minimize construction costs. The City's share of $20,000 (~ of the total cost) is not budgeted, however, funds are available from savings on completed street projects, Fund No. 56-79500-293. The City was unaware this project was budgeted this year by the County and as a result did not budget funds. Staff ~feels the project is very desirable. Upon a motion by Councilman Payne, Agreement with the County of Kern for installation and maintenance of Traffic Signal and Street Lighting System at the intersection of Akers and Wilson Roads, was approved, the Mayor was authorized to execute same and Budget Transfer from Fund No. 56-79500-293 to the appropriate account, in the amount of $20,000 (~ of total cost), was approved. Approval of Agreement between the City of Bakersfield and the Kern County Special Olympics for use of City owned pools. This agreement is similar to the one approved last year, which provides for the Special Olympics use of swimming pool facilities during the time they are filled for the High School District or City Recreation Program and when not in conflict with either program. The Special Olympics will pay a fee of $15.00 per hour for each hour they use the pools. This agreement covers the months of April, May and June, 1982. Upon a motion by Councilman Rockoff, Agreement between the City of Bakersfield and the Kern County Special Olympics for 4. 6 Bakersfield, California, February 17, 1982 - Page use of City owned pools, was approved and the Mayor was authorized to execute same. Approval of Amendments "A", "B" and "C" to Contract Change Order No. 3 to Agreement No. 75-2 between the City and Metcalf and Eddy, Inc., for Engineering Services at Wastewater Treatment Plant No. 2. Amendment "A" provides for a cost ceiling increase for basic construction and resident inspection services for the modi- fication and additions at Wastewater Treatment Plant No. 2. Agreement No. 75-2 provided a cost ceiling for these services based on a completion date of September, 1979. The aniticipated completion date is April, 1982. This 2½ year delay in completion has resulted in substantia~ cost overruns for these engineering services. These services to date have been paid for, however, the State has requested that a formal amendment to the contract be approved. Amendment "B" provides for the design engineering and construction services for construction of an irrigation system on Section 22 of the Municipal Farm. This work was deleted from the origina~ construction contract due to on this section of land. The cost is $38,000 and is grant eligible. the prolonged flooding problem estimated at approximately Amendment "C" provides for the necessary engineering services to update the operation and maintenance manual, prepare As-Built Drawings, provide a plant start-up services program and a final revenue program. The cost is estimated at approximately $97,000 and is grant eligible. Upon a motion by Councilman Payne, Amendments "A", "B" and "C" to Contract Change Order No. 3 to Agreement No. 75-2 between the City and Metcalf and Eddy, Inc., for Engineering Services at Wastewater Treatment Plant No. 2, was approved and the Mayor was authorized to execute same. Councilman Means voted in the negative on this motion. Bakersfield, California, February 17, 1982 - Page 15 4.q7 Approval of request from Public Works Department to declare City owned property at southeast corner of Adanac Court and York Way, Lot 25, Tract No. 3950 (storm water retention basin), as surplus. With the completion of the Alum Avenue Storm Drain, the storm water retention basin located at the southeast corner of Adanac Court and York Way is no longer needed for drainage purposes. The staff has recommended to the Planning Commission that the property be declared surplus and sold. On December 17, 1981, the Planning Commission reviewed and approved staff's recommendation. Upon a motion by Councilman Ratty, request from Public Works Department to declare City owned property at the southeast corner of Adanac Court and York Way, Lot 25, Tract No. 3950 (storm water retention basin), as surplus was approved and the Purchasing Officer was authorized to dispose of the property to the highest First reading of an Ordinance of the Council of the City of Bakersfield repealing Section 10.44.040 of the Bakersfield Municipal Code relative to Restriction upon Driving in certain Alley. The section to be repealed prohibits driving during specified hours on an Alley identified as running east and west between Truxtun Avenue and 17th Street between "L" and "M" Streets. That Alley was vacated by City Council Resolution No. 82-71, adopted November 22, 1971; therefore, the section to be repealed is no longer appropriate. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Section 10.44.040 of the Bakersfield Municipal Code relative to Restriction upon Driving in certain Alley. bidder. Bakersfield, California, February 17, 1982 - Page 16 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:20 P.M. VI?/F/-MAYOR off'the City of Bakersfield, Calif. ATTEST: of the City of Bakersfield, California ma Bakersfield, California, February 24, 1982 4. 9 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 24, 1982. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne, Ratty Absent: Mayor Shell Minutes of the regular meeting of February 10, 1982 were approved as presented. SCHEDULED PUBLIC STATEMENTS Ms. Becky Evans, Kern Wheelmen - Legislative Committee, requested that an Ad Hoc Committee be appointed to work with Kern COG and City Planners for planning and developing bicycle access routes throughout the City. Assistant Public Works Director Schulz stated the Public Works Department is in the process of acquiring rights-of-way to complete full alignment of the bicycle path and will gladly meet with the Kern Wheelmen to discuss the preliminary plans before proceeding with the design of the project. Mr. Bob Eddy, Architectural firm of Millard, Archuleta, Eddy - Paynter Associates, presented a conceptual plan, model and rendering for revitalization of the downtown area bounded by Chester Avenue on the west, "M" Street on the east, 17th Street on the south and 20th Street on the north. Mr. Eddy requested that staff, Redevelopment Agency and their firm explore the feasibility of this concept, which would involve economics, traffic circulation, acquisition and relocation of existing property owners and people, utility relocations, financing, confirmation of major tenant interest, definition of time frames and responsibilities of all major participants. 44O Bakersfield, California, February 24, 1982 - Page 2 Due to a real or imaginary conflict of interest Council- man Payne did not participate in this matter. During discussion, Councilman Rockoff made a motion that the concept for revitalization of Downtown Bakersfield, presented by Mr. Eddy, be referred to the Business Development and Parking Committee to work with the Redevelopment Agency, staff and con- sultants and keep the Council informed of the progress. Councilman Christensen suggested that the Downtown Businessmen and Chamber of Commerce work together on this matter to help bring this project about. Councilman Strong stated he did not feel this matter should be referred to a Committee because it would be difficult for the rest of the Council to keep abreast of what is taking place. Councilman Rockoff's motion that the concept for revitali- zation of Downtown Bakersfield, presented by Mr. Eddy, be referred to the Business Development and Parking Committee to work with the Redevelopment Agency, staff and consultants and keep the Council informed of the progress, failed to carry by the following roll call vote: Ayes Noes Absent: Abstaining: Councilmen Rockoff, Barton Councilmen Strong, Christensen, Means, Ratty None Councilman Payne Mr. Tom Fallgatter, member of the Planning Commission and citizen of Bakersfield, stated he felt the Council should respond to this proposal in a positive way and communicate that to the Redevelopment Agency. The people who want to do this project cannot wait around and the City stands a chance of losing it, as others have been lost in the past, if some type of positive action is not taken. Upon a motion by Councilman Strong, the concept for re- vitalization of Downtown Bakersfield, presented by Mr. Eddy, was Bakersfield, California, February 24, 1982 - Page 3 441 referred to the Redevelopment with the understanding that the Council times and Councilman Ratty is to act as Council and Redevelopment Agency. Vice-Mayor Barton announced that Mayor Shell received a letter from Councilman Rockoff stating he appointed Mr. Ralph Prejean, 2850 Summit Circle Drive, Crime Commission. In answer to a question Agency for study and recommendation, be kept informed at all a liaison between the by Councilman Strong, Assistant City Clerk Anderson stated that Mayor Shell was released from the hospital today and is recovering at home from her recent surgery. CORRESPONDENCE Upon a motion by Councilman Payne, communication from the City of Anaheim, dated February ll, 1982, requesting the Council's support of the City of Anaheim's claim for State mandate,~ costs associated with Chapter 1244, Statutes of 1980, was received and referred to the Legislative Committee for study and recom- mendation. Upon a motion by Councilman Means, the City of Santa Clara, dated February 16, communication from 1982, replying to statements made by Pacific Gas and Electric Company in their publication entitled "The Rock Creek-Cresta and Mokelumne Projects Take Over Attempts - A Perspective," was received and ordered placed on file. COUNCIL STATEMENTS Upon a motion by Councilman Christensen, letter from Donna G. Yowell, 914 Castaic Avenue, dated February 22, 1982, expressing her concern about future horse trails in Bakersfield and suggesting several actions that should be taken was received and referred to the Water and City Growth Committee for future action. as a member of the permanent 442 Bakersfield, California, February 24, 1982 - Page 4 Upon a motion by Councilman Strong, Mr. Louis G. Whitfia. ld, 705 Lakeview Street, was reappointed to the Miscellaneous Departments Civil Service Board, term expiring December 31, 1985. Upon a motion by Councilman Means, in response to a request by the League of California Cities, the members of the Budget Review and Finance Committee were authorized to go to Sacramento on March 17, 1982, to join in a march at the Capitol in opposition to the Governor's Budget. ttEARINGS This is the time set for public hearing before the Council on an Appeal by Rickett, Ward & Delmarter to the decision of the Planning Commission regarding a condition set on Tentative Parcel Map No. 6539, affecting those certain properties in the City of Bakersfield located in Northwest Bakersfield, east of Arrow Street, north of Sillect Avenue, north and south of the Cross Valley Canal. This hearing has been duly advertised and the property owners notified as required by law. Vice-Mayor Barton declared the hearing open for public participation. Mr. Hugh Sill, President of Sill Properties, Inc., out- lined the history of the Rio Mirada Development and stated he objected to the recent requirement of sidewalks on Sillect Avenue after years of working and consulting with the City on the project.. The City granted a waiver and is now wanting us to go back and tear up some landscaping and sidewalk on Sillect Avenue, from one end to the other. Mr. Sill read a letter from Occidental Exploration and Production Company, dated February 24, 1982, as follows: City Council of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Re: Rio Mirada Development Bakersfield, California, February 24, 1982 - Page 5 443 Honorable Members of the City Council: Oxy Petroleum, Inc. and Occidental Exploration and Production Company (herein collectively "Oxy") respectively plan to build and to occupy an office building facility on thirty acres of the proposed Rio Mirada Development roughly identified as Parcel 1 and 2 on Tentative Parcel Map No. 6539. Oxy and its business invitees will be the only parties to use the described office building facility with its associated parking areas and service building. It has come to our attention that the City (Planning Commission/Public Works Department) may require sidewalks for pedestrian traffic to be constructed along the proposed Sillect Avenue, bordering the Oxy project. Oxy wishes to inform the City Council that it does not support any requirement for such sidewalks. The anticipated use of the Oxy facility does not envision any pedestrian traffic whatsoever along Sillect Avenue. In developing its master plan for the project, Oxy has assumed that such sidewalks, because they are unnecessary, would not be required. From both a functional and an aesthetic point of view, such sidewalks would be inconsistent with the present archi- tectural concept for the Oxy project. Oxy urges the Honorable Members of this City Council to overrule any decision by the City (Planning Commission/Public Works Department) to require the sidewalks described. Your kind attention is appreciated. Sincerely, R. W. Bruce Vice President Mr. Sill requested that the Planning Commission's require- ment for construction of sidewalks on Sillect Avenue be overturned.. Mr. Tom Fallgarter, member of the Planning Commission, explained that the property is zoned industrial and a Parcel Map in an industrial area does not require sidewalks. The conflict that occurred is that the applicant constructed a commercial development in an industrial zone. The Planning Commission felt under the circumstances there should be sidewalks. No protests or objections being received, and no one else wishing to speak in favor, Vice-Mayor Barton closed the public portion of the hearing for Council deliberation and action. 444 Bakersfield, California, February 24, 1982 - Page 6 Assistant Public Works Director Schulz stated the plan is not to provide sidewalks on either side of the street. There are two prior parcel maps filed and City staff indicated a waiver of sidewalks, which was justified based on the M-1 zone. Recently a map was filed and the Planning Commission made the comment the development seems to be leaning more towards commercial rather than industrial. Since that time the Traffic Engineer has evaluated this area to determine whether sidewalks would be justified on the basis of pedestrian traffic in the area and his recommendation remains the same as the two prior parcel maps. The staff's recommendation remains the same as the two prior parcel maps and they do not object to the waiver of sidewalks. Councilman Rockoff stated there obviously seems to be a change in the projected use of the property and in all honesty he cannot see a difference in whether it started out as M-1 and is now commercial or vice versa. This project will probably be used for the next 50 years and what happens over a short period of time,. in error, should not cause a development that might not be proper for its use for the next 50 years. The appellant should be reim- bursed for the landscaping that has already been put in. Upon a motion by Councilman Ratty, Subdivision Resolution No. 4 upholding appeal of Rickett, Ward & Delmarter to the decision of the Planning Commission regarding Tentative Parcel Map No. 6539, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, ~4eans, Payne, Ratty Noes: Councilman Rockoff Absent: None This is the time set for continued hearing on an Appeal by Kern River Development, Inc., to the decision of the Planning Commission denying its application regarding public access to the Kern River from Tentative Tract No. 4179-A, located east of Rancheria Road and west of the Kern River, approximately one mile north of Highway Route 178. Bakersfield, Cali£ornia, February 24, 1982 - Page 7 445 This hearing was duly advertised, the property owners notified as required by law, and continued from the Council Meeting of December 16, 1981. The Planning Commission, at its meeting of March 5, 1981, made findings that no easement for public access to the Kern River was proposed or provided by the subdivider from a public highway through the subdivision to the river or along the bank of the river within the subdivision, and that no reasonable public access to the river exists within a reasonable distance from the subdivision. Accordingly, the Planning Commission recommended denial of the map. The public portion of this hearing was closed at the Council Meeting of March 25, 1981, and the matter was referred to the Water and City Growth Committee for a report back to the Council, including answers to specific questions asked by the Council and a copy of the new Supreme Court ruling. Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 3-82 regarding Access to Kern River, as follows: On March 5, 1981, the Planning Commission of the City of Bakersfield denied approval of Tentative Tract 4179-A for a subdivision located east of Rancheria Road and along the north bank of the Kern River. The Planning Commission was unable to find reasonable public access to the Kern River within a reasonable distance to the sub- division. The developer appealed the decision of the Planning Commission to the City Council. On December 16, 1981, after a number of continued hearings on the matter, the City Council referred the appeal of the developer to the Water and City Growth Committee for study and recommendation. The Water and City Growth Committee was to report back to the City Council at the hearing set for February 24, 1982. The Committee was requested to consider an overall river access plan encom- passing property generally located along a four mile stretch from the mouth of the Canyon to the Kern River Golf Course. The City Council had been previously advised by the City Attorney that an overall plan of access to the Kern River would require coordination with and approval by the County of Kern, the Attorney General's Office, and the State Lands Commission. In response to the direction by the City Council, the Water and City Growth Committee has met with 446 Bakersfield, California, February 24, 1982 - Page 8 City staff, Mr. George Nickel, Vickie Araujo, and representatives from the Kern River Parkway Committee which included Rich O'Neil, Billy Robertson, and Roger Wilde. This Committee attempted to resolve the concerns of the Park- way Committee, other individuals who had expressed concern over public access, and Mr. Nickel. Based upon those meetings and a final agreement by all of the above mentioned parties, the Water and City Growth Committee proposes the following plan for access to the Kern River. Generally, the areas to be open to the public are described as follows: Beginning at the southeast corner of the Kern River Golf Course property, there shall be an equestrian and foot trail, proceeding upstream along the south side of the Kern River to a point approximately 4,500 feet from the Kern River Golf Course, at which point the trail will turn south, away from the river bank, and terminate at Rancheria Road as shown on the map. Approximately 600 feet south of the Kern River on the west side of Rancheria Road there shall be 1.15 acres dedicated for public parking purposes. The City shall establish a "No Parking" Zone on both sides of Rancheria Road for a distance of 600 feet north and 600 feet south of the Kern River. Beginning at the northwest corner of Rancheria Road and the Kern River, there shall be approximately 4 acres of land dedicated to public use, which shall extend approximately 2,150 feet west of Rancheria Road. Approximately 4 acres located on a tri- angular strip of land at the southeast corner of Rancheria Road and the Kern River, extending upstream approximately 1,100 feet. Approximately 1.5 acres located approxi- mately I 3/4 miles east of Rancheria Road off Highway 178 to be used for egress out of and ingress into the Kern River for persons holding a valid entry permit. Access into the Kern River from the mouth of the Kern Canyon to a point approximately 1,100 feet east of Rancheria Road shall be allowed only to persons holding a valid entry permit due to the dangerous condition of the Kern River in this area. Permits will be issued free on a trial basis at the commercial store located on Highway 178 between Rancheria Road and the above described access point. There shall be no fee for entry into the river, but it may be necessary at some later time to charge an administrative Bakersfield, California, February 24 1982 - Page 9 447 fee to cover the cost of permit ~ssuance. Permits will be issued under authority of the City and will require certain expertise and equipment, waivers and acceptance of costs of rescue. Other areas alon~ the Kern River will be closed to foot, equestrian and vehicular traffic. It should be noted, the developer has agreed to bear any expenses necessary for the fencing of private property. It is the recommendation of this Committee that the Council adopt this plan and instruct the staff to prepare the necessary implementing ordinances, coordinate and seek the approval of the County of Kern, the State Lands Commission, and the Attorney General's Office. Representa- tives of the Kern River Parkway Committee have agreed to assist the City in these matters. In addition, this Committee recommends that the City Council approve Tentative Tract 4179-A after the developer deeds to the City that portion of land, previously described, located on the south side of the Kern River east of Rancheria Road and the land to be used for parking located approximately 600 feet south of the Kern River on Rancheria Road. Said approval of Tentative Tract 4179-A will then be made upon the condition that there is reasonable river access within a reasonable distance of the subdivision. This Committee is appreciative of the coopera- tion, support, and input provided by the Kern River Parkway Committee, Vickie Araujo, and the cooperation and willingness exhibited by Mr. Nickel which has resulted in a plan that may be considered a unique and beneficial method of providing greater public access to navigable streams while providing for reasonable protection of private property and the safety of individuals who may desire to use the Kern River. Upon a motion by Councilman Ratty, Water and City Growth Committee Report No. 3-82 regarding Access to Kern River, was accepted and subject to later action. City Attorney Oberholzer explained the Supreme Court ruling regarding access to navigable rivers, the plan that is being proposed, which will give the public access to the Kern River, the permit system for qualified individuals wanting to kayak and raft down the river, waiver of liabilities and cost of rescue operations. 448 Bakersfield, California, February 24, 1982 - Page 10 In answer to a question by Councilman Christensen, City Attorney Oberholzer stated the Council actions tonight will not be final until the State Lands Commission approves it. The State Lands Commission is the enforcing agency for the public trust along navigable streams. The City presented this plan at an earlier date and it did not have the access it now has. The State Lands Commission and Attorney General's Office felt it was a unique plan for the State of California. They thought it was good because it encompasses both greater public access, along with protection of private property rights and it was their opinion that they would support the plan, if it was presented to the State Lands Commission. Councilman Christensen read a letter from the Kern River Parkway Committee, as follows: Bakersfield City Council 1501Truxtun Avenue Bakersfield, California 93301 Reference Proposed "River Access Plan"/George Nickel Development Gentlemen Over the last two years, the Kern River Park- way Committee has consistently worked toward its goals of addressing all River issues, acknowledging the Lower Kern River as Bakers- field's number one natural resource, and pushing for a plan that would establish the River Corridor as a first class community asset. It is with these goals in mind, that the Kern River Parkway Committee, here tonight, endorses the proposed "River Access Plan" of February 24, 1982. We wish to thank the Bakersfield City Council, the Planning Commission, and the entire City staff for all their efforts and hard work. The K.R.P.C. would also like to thank Mr. George Nickel for his spirit of cooperation and we wish to encourage his generosities toward a better community. Richard O'Neil Vice Chairman Kern River Parkway Vice-Mayor Barton reopened the hearing for public partic~- pation. Bakersfield, California, February 24, 1982 - Page 449 Mr. Earl Hatfield, Bakersfield resident and a Kayaker, stated he was against the plan, however, after listening to City Attorney Oberholzer's explanations most of his objections have been overcome. Mr. Hatfield stated he feels individuals should pay for their own rescue when they participate in dangerous sports, such as rafting and kayaking, but he is concerned about the valid entry permit and who will make the judgment on qualifications and equipment. Mr. Tom Fallgatter, speaking as a private citizen of this community, stated that in some ways a significant amount of progress has been made on this matter since it was first brought before the Planning Commission, however, all the progress that should have been made has not been made. Mr. Fallgatter outlined the history of the laws on access to navigable waters in the State of California and the rights of the public. He then compared the proposed plan with the laws regarding access to the Kern River and made suggestions for improving the plan. The subdivision should be approved and allowed to go forward, however, the Council should not adopt the plan for access to the Kern River at this time. The Council was urged to solicit additional public input on the plan, because he did not feel it has been fully thought out and is not adequate. Mr. Jim Taylor, citizen of Bakers£ield, commended Mr. Nickel for his willingless to discuss this matter with community representatives, the Council and Planning Commission and stated he feels the plan has a few points that still need to be examined. He recommended that the licensing and permit for use of the river and access to the river be examined further. Mr. R. G. Ream, citizen of Bakersfield, expressed his concerns about denying the public access to rivers. Mr. W. C. "Billy" Robertson, representing the horse interests, spoke in favor of the proposed plan. Prior to the plan there was no access to the area and it is a good plan for equestrian people. Bakersfield, California, February 24, 1982 - Page 12 Mr. George Nickel stated he has made a sincere effort to work with staff and the Committee on the matter of public acces:s to the Kern River. Mr. Nickel suggested that one of the parking areas be changed. Mr. Rich O'Neill, Kern River Parkway Committee, stated he was proud to have had a hand in working out this plan and he hopes the Council gives it a try. Mr. Allan Stramler, representing himself, stated he felt the proposal and overall idea is good. Mr. a problem with overzealous security forces ments. Stramler stated he has and the permit require- No further protests or objections being received, and no one else wishing to speak in favor, Vice-Mayor Barton closed the public portion of the hearing for Council deliberation and action. During a lengthy discussion, Councilman Ratty made a motion that the plan for access to the Kern River as stipulated in Report No. 3-82 from the Water and City Growth Committee, be approved the staff instructed to prepare the necessary implementing ordinances coordinate and seek approval of the County of Kern, State Lands Commission and Attorney General's Office; and Tentative Tract No. 4179-A, be approved after the developer deeds to the City that portion of land located on the south side of the Kern River east of Rancheria Road and the land be used for parking located approxi- mately 600 feet south of the Kern River on Rancheria Road. After further discussion, Councilman Christensen offered a substitute motion that this matter be delayed for at least 30 days in order to hear the courts decision on fishing and allow time for further public input. This motion failed to carry. Councilman Ratty's motion that the plan for access to the Kern River as stipulated in Report No. 3-82 from the Water and City Growth Committee, be approved; staff instructed to prepare the necessary implementing ordinances, coordinate and seek approvaZ[ of the County of Kern, State Lands Commission and Attorney General"s Bakersfield, California, February 24, 1982 - Page 13 Office; and Tentative Tract No. 4179-A, be approved after the developer deeds to the City that portion of land located on the south side of the Kern River east of Rancheria Road and the land be used for parking located approximately 600 feet south of the Kern River on Rancheria Road, carried by the following roll call vote Ayes Noes: Absent: Councilmen Rockoff, Strong, Barton, Means, Payne, Ratty, Councilman Christensen None The above motion adopted Subdivision Resolution No. 5 upholding appeal of Kern River Development, Inc., making a finding of reasonable access within a reasonable distance to the Kern River from Tentative Tract No. 4179-A. EXECUTIVE SESSION Upon a motion by Councilman Christensen, the Council recessed to an Executive Session regarding potential ligitation at 11:25 P.M. The regular meeting was reconvened at 11:48 P.M. Upon a motion by Councilman Barton, the staff was directed to confer with the author of the Argument in favor of Measure "B", regarding the Advisory Measure on the June 8, 1982 ballot, to insure its accuracy and, if necessary, take action to correct it. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 11:50 P.M. V~C~-MAYOR ~f the City of Bakersfield, Calif. ATTEST: ~ ' ~ f f i c~k CITY x of the Council of the City of Bakersfield, California ma - Bakersf~eld¥ California, March 3, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., March 3, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Gene Harrison o£ the Hilltop Baptist Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Absent: None. Minutes of the regular meeting of February 17, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Marvin Dean, representing the Lakeview Neighborhood Revitalization Strategy Group, 411 Lakeview Avenue, Bakersfield, submitted a request that the Redevelopment Agency create a rede- velopment area for Census Tract No. 22 - Southeast Bakersfield. Upon a motion by Councilman Strong, request of the Lakeview Neighborhood Revitalization Strategy Group, under Article 2. #33311 of the State Law, that Census Tract No. 22 - Southeast Bakersfield be designated a survey area or areas for project study purposes~ was received and referred to staff. CORRESPONDENCE Upon a motion by Councilman Payne, communication from Martin-Mcintosh, Engineers, on behalf of Sunil and Vivian Lahiri, dated February 26, 1982, requesting amendment to the General Plan on property located at the northwest corner of the intersection of Union Avenue and Planz Road, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Means, communication from Sierra Foothills Community Assistance Project, Inc., received on March 2, 1982, requesting the City Council to adopt a resolution condemning the recent rate hikes by the Public Utilities Commission Bakersfield, California, March 3, 1982 - Page 2 453 was received and ordered placed on file. Councilman Means stated that he plans to submit a request in two weeks regarding this correspondence. Upon a motion by Councilman Strong, communication from Eric T. David, 2880 Skyline Boulevard, Bakersfield, dated March 3, 1982, regarding Fire Services Unification Plan was received and ordered placed on file. Upon a motion by Councilman Strong, communication from Kern County Public Employees" Association, SEIU Local 700, AFL-CIO, regarding ratification of Rule Number 12 to the Miscellaneous Departments Civil Service Board Rules and Regulations, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Barton stated that he intends to renominate Rita M. Eggert, 101 Beech Street, Bakersfield, to the Miscellaneous Departments Civil Service Board at the next Council meeting. Councilman Strong stated that he intends to nominate Mrs. Polly Warren to the Fire Department Civil Service Commission at the next Council meeting. Councilman Payne announced his appointment of Mary E. Grider, 1400 Sutter Lane, to the Bakersfield Crime Commission. Mayor Shell announced that Councilman Christensen appointed Rob Miller, 4404 Brewer Avenue, and Vice-Mayor Barton appointed Thomas W. Curran, 3006 Crest Drive, to the Bakersfield Crime Commission. Mayor Shell announced the appointment of Julia D. Clausen 7608 Stockdale Highway, Apt. D, to the Redevelopment Agency, term expiring February 1, 1986. This position on the Redevelopment Agency was formerly held by Ms. D. Jeanne Foth, whose term expired February 1, 1982. Councilman Payne announced that due to a real or imagin- ary conflict of interest, he would not participate in this matter. 4. 4 Bakersfield, California, ~arch 3, 1982 - Page 3 Mrs. Clausen was present and answered questions of the Council. After a lengthy discussion, Councilman Rockoff made a motion to approve the appointment of Julia D. Clausen to the Redevelopment Agency, term expiring February l, 1986. This motion carried by the following roll call vote: Ayes: Councilmen Barton, Means, Ratty, Rockoff Noes: Councilmen Strong, Christensen Abstaining: Councilman Payne Mayor Shell stated that Mr. Vincent Casper's:term expired. February 1, 1982, and he has asked that his name be withdrawn for reappointment to the Redevelopment Agency. Under protocal estab- lished, Mayor Shell nominated Mr. Rowland Moore, 217 E1Tovar Court, to the Redevelopment Agency and stated, normally she would request confirmation at the next meeting, but due to the difficulty in getting a quorum to attend the Redevelopment Agency meetings, the Council is requested to confirm Mr. Moore's appointment tonight. Councilman Rockoff made a motion on whether to take action tonight on the appointment of Mr. Rowland Moore to the Redevelopment Agency. Councilman Payne stated he would abstain from partici- pating in this matter due to a real or imaginary conflict of interest. Councilman Rockoff's motion carried by the following roll Ayes Noes call vote: Councilmen Barton, Councilmen Strong, Ratty, Rockoff Christensen, Means Abstaining: Councilman Payne 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 Aye. Bakersfield, Cali£ornia, March 3, 1982 - Page 4 455 Councilman Christensen, in clarifying his negative vote, requested that the record show he did not favor receiving the resume o£ the nominee five minutes before the meeting and then asked to vote it. Councilman Means clarified his negative vote by stating he is not against the nominee, but against taking action tonight. Upon a motion by Councilman Christensen, a brief recess was declared at 8:40 P.M. and the meeting reconvened at 8:50 P.M. Mr. Rowland Moore answered questions o£ the Council. In response to a request by Councilman Payne, City Attorney Oberholzer explained that Councilman Payne had been advised by the City Attorney's Office to refrain from any participation with respect to Redevelopment Agency projects; any decisions that need to be made, or discussions regarding those decisions. Conflict or conflict of interest laws can be one of two things; conflict of office, or financial benefit. The reason Councilman Payne cannot participate is because of the financial benefit aspect. Appoint- ments to the Redevelopment Agency are not a conflict under the conflict laws. If all the City Council members had a conflict and could not participate in Redevelopment actions, they are granted the right by State Law as a legislative body to appoint a body which could perform those functions. Consequently, Councilman Payne can participate in the appointment of Redevelopment Agency members, but cannot participate in decisions on projects in the Redevelopment Project Area. Councilman Rockoff made a motion to accept the appoint- ment of Rowland Moore, 217 E1Tovar Court, to the Redevelopment Agency, term expiring February 1, 1986. Councilman Means made a substitute motion to postpone the approval of Mr. Moore's appointment until the next Council Meeting, and this motion failed to carry by the following roll call votes: Ayes: Councilmen Christensen, Means Noes: Councilmen Strong, Barton, Payne, Absent: None. Ratty, Rockoff 4. 6 Bakersfield, California, March 3, 1982 - Page 5 Councilman of Rowland Moore, 217 E1 term expiring February l, vote: Ayes: Noes: Absent: establish Rockoff's motion to accept the appointment Tovar Court, to the Redevelopment Agency, 1986, carried by the following roll call Councilmen Strong, Barton, Means, Payne, Ratty, Rockoff Councilman Christensen None. Councilman Barton introduced a Resolution that would an Advisory Committee to the Redevelopment Agency and recommended the Council review it. Councilman Barton requested that the resolution be placed on the agenda for the next regular Council meeting and stated that at that time he would nominate Mr. Vincent Casper Chairman of that Committee. Mayor Shell read a letter of resignation from the Redevelopment Agency submitted by Dr. Glen Puder, to become effective on March 17, 1982. Mayor Shell stated that at the next regular meeting, she will have a person to appoint to the Redevelopment Agency. Councilman Christensen made a motion that letters of appreciation be sent to Mr. Vincent Casper, Ms. D. Jeanne Foth, and Dr. Glen Puder acknowledging their years of service on the Redevelopment Agency. This motion was unanimously approved. Upon a motion by Vice-Mayor Barton, Dr. Glen Puder's resignation from the Redevelopment Agency was accepted, effective March 17, 1982. Councilman Ratty, Member of the Joint City-County Intergovernmental Relations Committee, read Report No. 2-82 regard- ing Fire Service Unification in the Metropolitan Bakersfield Area, as follows: Bakersfield, California, March 3, 1982 - Page 6 On May 7, 1980, the City and County executed a Joint Powers Agreement (No. 80-70) for the purpose of eliminating duplication of services, and to provide the most cost effective fire protection for life and property within the City and the contiguous Metropolitan County Area through the maximization of economies and efficiencies of each fire department. The Joint Powers Agreement authorized, among other items, that a professional study be conducted by an outside professional organization to determine the most effective level of service and fire station locations within the Metropolitan Areas of Bakersfield. The Joint Powers Agreement further authorized the City and County to evaluate the Metropolitan Areas fire protection needs and develop a joint plan of fire protection service. This report is a direct result of the 1980 Joint Powers Agree- ment. One of the many steps involved in the development of the recommendations that will be set forth was the consumation of an agreement with Gage-Babcock and Associates, Inc., of San Francisco to conduct a study regarding fire protection services within the Bakersfield Metropolitan Area. In October of 1981, the City and County received the final report from Gage-Babcock and Associates, which has been thoroughly evaluated by the respective fire departments of both the City and the County. This joint review yielded the following conclusions: The emergency dispatch and radio communications system of the City and County be integrated so as to have direct communication capabil- ities between City and County fire units. o Establish a joint training program that will enable members of both departments to work together as fire teams. The establish- ment of a joint training program includes the continued development by both the City and the County of the training facility at the Olive Drive complex. The City and County provide the closest fire company response within the Metropoli- tan Area regardless of jurisdictional boundaries. The fire station location concept of Gage- Babcock and Associates be reevaluated and a plan acceptable to both the City and County be developed. The above four recommendations are consistent with the Joint Powers Agreement, and the first three recommendations are consistent with the Gage- Babcock Report with the fourth recommendation being consistent in concept though slightly different in implementation. Bakersfield, California, March 3, 1982 - Page 7 Through numerous staff meetings and several meetings between the Intergovernmental Committees of the City and County, the following three phase fire station location plan has been developed in accordance with the Joint Powers Agreement, and the concept set forth regarding station locations in the Gage-Babcock ~eport. The three phase fire station location plan is as follows: Phase I - Recommended for implementation in the 1983-84 fiscal year. Close County Station No. 43 located in the vicinity of Alta Vista Drive and Jeffrey Street. Move personnel to the nonmetropolitan area. Bo Construct a new County station in the vicinity of Brundage Lane and Union Avenue. Station construction costs are to be equally shared between the City and County. Close County Station No. 44 located in the vicinity of Casa Loma Drive and South P Street, and move personnel to the newly constructed station at Brundage Lane and Union Avenue. Do Close City Station No. 6 at East Brundage Lane and South King Street and move personnel to City Station No. 9 at Westwold Drive and Gosford Road. Review the feasibility o£ implementation of Phase IIo Phase II - Approved in concept, and estimated for implementation in the 1984-85 fiscal year. Ao Relocate County Station No. 66 personnel at Stockdale Highway and E1 Rio Drive to the nonmetropolitan area. Close City Station No. 2 located in the vicinity of Sumner and Baker and move the personnel to County Station No. 66. Review the feasibility of implementation of Phase III. Phase III- Approved in concept, and estimated for implementation in the 1985-86 fiscal year. Ao Close City Station No. 3 located in the vicinity of Fourth and Chester and move personnel to a newly constructed City station in the Rio Bravo area. Bo Construct new County station at Rosedale Highway and Case Road. The City will contribute 30%, and the County 70% of the cost of construction. C. Construct a new County station located in the vicinity of Panama Lane and W~ble Road. Bakersfield, California, March 3, 1982 Page 8 459 Do Close County Station No. 42 located in the vicinity of South Union and Panama and move personnel to the new County station at Panama and Wible Roads. Close County Station No. 43 at the vicinity pf Old River Road and Taft Highway, and move personnel to the new station at Rosedale Highway and Case Road. A detailed financial analysis of the recommended fire station locations as outlined above is attached to this report. Cost savings (avoidance) as contained below, and in the attachment, are defined as expenses that will not be incurred as a direct result of the unification of fire protection services. In other words, additional expenses would be required in the future without the unification process given current levels of fire protection services. Phase I will require a combined City/County net expenditure of $208,000 and will yield a combined cost savings of $1,361,376 in the first year of its implementation, and $711,376 every year thereafter. Phase II will yield a $150,000 combined revenue with a combined cost savings of $493,453 in the first year of implementation, and $393,453 every year thereafter. Phase III will require a combined expenditure of $1,200,000 and will yield a combined cost savings of $781,431 in the first year of its implementation, and a $231,431 savings in each subsequent year thereafter. The following is a recapitulation of the implemen- tation of Phases I, II and III showing cost savings over a five and ten year time frame. It should be noted that the cost estimates and cost savings are deemed to be conservative estimates in that no provision for increased salaries, benefits, etc., have not been included for estimation purposes. Combined City/County Totals: Revenue Cost (Expenditures) Avoidanc~ Net Totals-Savings 5 Year: Phase I Phase II Phase III Totals $ (208,000) 150,000 (1,200,000) $(1 258,000) $ 3,495,504 1,280,539 1,012,862 $ 5,788,905 $ 3,287,504 1,430,359 (187,138) $ 4,530,905 l0 Year: Phase I Phase II Phase III Totals $ 208,000) 150,000 (1 200,000) $(1 258,000) 7,052,384 3,247,624 2,170,017 $12,470,025 $ 6,844,384 3,397,624 970,017 $11,212,025 Bakersfield, California, March 3, 1982 - Page 9 It should be mentioned that during the course of the development of the recommendations, both the City and County Fire Unions have been involved and staff has met with Union representa- tives on more than one occasion. As a result of these meetings, the Unions have indicated an acceptance regarding the recommendations relative to joint communications, training, and closest company response. However, Joint City/County Fire Union concurrence with the station location recommendations has not come forth, in that the City Firefighters Unions are reluctant to concur or agree with the station location proposals. It should be noted that the City/County Fire Unions were given an opportunity to develop and present for consideration a fire station location plan of their own. The representatives of the respective unions did develop a fire station location recommendation, which was supported by the County Firefighters Union but not supported by the City Fire Union. Given the significant cost savings that will be realized by both the City and the County through the unification of fire protection services, the following recommendations are made. That the emergency dispatch and radio communication systems of the City and County be integrated in order to provide direct communications capability between City and County Fire Units. The total cost to implement this recommendation is $117,638, which is allocated in the amounts of $64,135 to the County, and $53,503 to the City. It is intended that this recommendation be implemented in the current fiscal year. We should authorize the transfer of the $53,503 from the Council's contingency fund for communication equipment. o The establishment of a joint training program that will enable members of both departments to work together as fire teams and the continued development of the fire training facility at the Olive Drive complex. Two construction projects will be requested in the 1982-83 fiscal year for continued development of the joint training facility which are: (a) a similator and office building at a cost of $728,400; and (b) a water system and drafting pit at a cost of $306,900. These costs are to be shared equally between the City and the County for a total cost of $517,650 to each entity. o That the City and County provide closest company response within the Metropolitan Area regardless of jurisdictional bound- aries. There are no costs associated with the implementation of this recommenda- tion. Bakersfield, California, March 3, 1982 - Page 10 46'1 o That the fire station location recommend- ations as contained in Phase I be approved for implementation in the 1983-84 fiscal year. That the fire station locations contained in Phases II and III be approved in concept, with implementation estimated for the 1984-85, and 1985-86 fiscal years, based upon addit- ional study and review by both entities, and approval by both the City Council and the Board of Supervisors. That the Gage-Babcock Report on Fire Station Location and Service Study be filed. Respectfully submitted, DONALD K. RATTY Councilman Donald K. Upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report Fire Service Unification in the Metropolitan received and Ratty Joint City-County No. 2-82, regarding Bakersfield Area, was accepted. Councilman Strong voted in the negative on this motion. Councilman Ratty made a motion to approve the six recommendations as outlined in Report No. 2-82 from the Joint City-County Intergovernmental Relations Committee regarding Fire Station Unification in the Metropolitan Bakersfield Area. In answer to a question from Councilman Christensen, Councilman Ratty stated the Council was voting only on Phase I. Phase II and III are to be looked at in concept. There is nothing permanent about Phase II and III. Mr. Bob O'Rand, 207 Fishering Drive, representing Bakers- field City Firemen, submitted a written opinion of his opposition to the Gage-Babcock Survey. Mr. O'Rand read his opinion expressing his concerns about the quality of fire protection the City residents would have after the City and County Fire Department consolidation. Mr. Robert Paddock, Retired Bakersfield Fire Chief, spoke in opposition to the Fire Departments' consolidation and cited concerns in the area of the location of those fire stations proposed to be closed. He was concerned about money spent on the various 46'2 Bakersfield, California, ~arch 3, 1982 - Page studies, upgrading of existing stations that are proposed to be closed, fire training tower located at the County training facility, and the new Southwest Station that has not yet been opened. Chief Paddock expressed concern over the quality of the fire protection afforded the citizens of Bakersfield. Mr. John J. Corcoran, a citizen of Bakersfield and retired lawyer, voiced his disagreement with the proposed amounts of money to be saved from the consolidation of the City and County Fire Departments. He indicated that money should not be an issue at all and that people's safety should be the prime concern of the Council, rather than saving money. Councilman Strong stated that he was not vehemently against the proposed plan, but the manner in which it is being brought before the Council, and he felt a project of this size should be made available to the public and Council for as long as necessary before a final decision is made. Councilman Strong further indicated he planned to make a substitute motion to post- pone this matter for two weeks to give the Council and various other people a chance to look at the plan. Mr. Lynn Edwards, County Firefighter, and President of the Kern County Firefighters' Union, stated he did not want to get involved in the specific charges and accusations being made tonight, but as a general statement on what their role has been in this is to continue to give the good service to the people. If the results of the deliberations tonight result in some sort of plan that would permit him, as a Firefighter, not as a union officer, to interact with the Firefighters of Bakersfield in a joint collaboration of providing protection to the citizens of the City of Bakersfield, that would be his goal. To provide that service to the best of his ability and committed to those citizens that he is responsible for. Bakersfield, California, March 3, 1982 - Page 12 463 Councilman Means stated this is an issue unlike the resume received today in which he had only a couple of hours notice. This is an issue that has been talked about for three years and it will be a difficult decision. Mr. Richard Lemucchi, 157 Loma Linda Drive, member of the East Bakersfield Progressive Club, expressed his concern and opposition to the closing of the fire station on 21st Street due to its' location in relationship to the railroad tracks. He did not feel they would have the same fire protection they now have with the proposed station. Mr. Lemucchi then read the following letter into the record from the East Bakersfield Progressive Club: Bakersfield City Council 1501Truxtun Avenue Bakersfield, CA 93301 Bakersfield City Council, We the East Bakersfield Progressive Club oppose the closing of the 21st Street Fire Station. We feel the closing of this station will leave us with inadequate fire protection. Sincerely, Fred Meats President Mr. Steven Johnson stated that he felt City government should represent the people and he felt the Councilmen should listen to their constituents in an issue as important and involving as much money as this issue does. Mr. Art Powell voiced his concerns with regard to the people living in the areas affected by the closing of the fire stations. The area is low income, generally without smoke detectors, and made of highly flammable material that tends to burn very rapidly. Mr. Steve Dietz, Fireman at Station 6, spoke to the Council regarding another aspect of service the Fire Department renders, reviving unconscious victims. He indicated that his station provides this type of rescue everyday and he is concerned that the relocation of fire stations would slow down the speed with which these services are rendered. 464 Bakersfield, California, March 3, 1982 - Page Mr. Curtis Nichols, resident of the City of Bakersfield, stated that his concern lies in the fact that people's lives are involved in the decisions that will be made tonight and no matter how many years it takes, the Council should work on this project until it comes up with a good plan. Mrs. Irene Houston, lll6 East 9th Street, requested the Council give a good deal of thought to the changes being considered. She is concerned with the high incidence of fires in the neighbor- hoods being affected. Mr. George Canaday, retired City Fireman, addressed the Council regarding his experience as a Fireman for the City of Bakersfield, the quality of fire service and department the City now has, and then expressed his opposition to the consolidation. Mr. Fred Estrada, City Fire Engineer, spoke to the Council and staff regarding their behavior at tonight's meeting. He further stated that the Council will not be saving money with this plan, and taxes will be higher for less service. A fire department cannot be moved further from the people and expect the same service. Mr. Jerry Bobbitt, City Fire Captain, stated that the concern of the Firemen at this meeting is not for their jobs or raises, but pride in their jobs and Department, and a wish to maintain the level of service that the people in the community have come to expect. Mr. John J. Corcoran asked City Attorney Oberholzer if it is possible, under the laws of California, on this question on the ballot by November 2, on by the citizens of this community. City Attorney Oberholzer stated no, to have a referendum 1982, to be voted this is not a matter subject to referendum. on the ballot they choose. Mr. Corcoran advised the Council to call an election. The City Council can put any advisory issue advisory Bakers£ield, California, March 3, 1982 - Page 14 465 Councilman Christensen voiced the concerns of the East Bakersfield Businessmen in the area of the fire station closure and relocation on the other side of the railroad tracks, and stated he does not understand why the Committee never received! plans from the fire departments or unions. City Manager Kelmar stated that there was a memorandum distributed to the Intergovernmental Relations Committee on January 29, 1982 that outlines the proposed Joint City-County Fire Union Recommendations. Councilman Payne asked Mr. O'Rand and if he had sumitted his report to anyone on City Staff. Mr. O'Rand indicated he had also been to several meetings with both City and County fire personnel and union representatives. Members of the City Fire Department had an opportunity to vote on a plan submitted to them and the vote was unanimously against the plan. This included all levels of personnel in the City Fire Department. He stated he reported the result of that vote to Chief Needham. During discussion, Mayor Shell declared a brief recess at 11:00 P.M. and reconvened the meeting at ll:10 P.M. In answer to a request by Councilman Means, Director of Fire and Development Services Needham, gave a brief history on how the City Fire Department was developed and indicated that there are three factors that now affect the way fire station locations are planned that differs from the way the locations were selected in years past. The Fire Department now has faster equipment, training: is superior, and the City has a Sprinkler Ordinance. The situation faced today is lack o£ coverage in some areas and over coverage in other areas from a standpoint of what can be afforded. Their two criteria set for fire protection are: (1) Not to have over a five to six minute response time in a heavily populated residential area; and (2) The City does not want to talk about more than nine to ten square miles of urbanized area, semi-commercial and residential. In regard to location of fire stations there are four stations within 466 Bakersfield, California, March 3, 1982 - Page 15 a nine square mile area: ' (Station 6, (South King and Brundage), Station 2 (East 21st Street close to Baker), and Southgate Station 44 (Ming Avenue), and Station No. 3 (4th and L Streets). They cost two million dollars a year to run. The City does not have anyone in Station 9, where there is at least a 50% major response district, that is not covered by a first engine as it properly should be. The problem is to confines to work out a fire try within the City's financial response plan that will work. There are sacrifices the Council is going to have to make in one area to facilitate the needs in another area. The County has agreed to help the City in protecting parts of the City and this is what the Firefighters do not like. In answer to a question by Councilman Strong, Chief Needham stated that the cost to run one fire station is $500,000 per year; that is total operational costs. Following a question by Councilman Strong, City Manager Kelmar stated that the Gage-Babcock Report became public on Friday, February 26, 1982, when the packets were prepared. One was delivered to the City Clerk's Office. The Cfty Firefighters' and Kern County Firefighters' Unions both received copies last fall. After considerable discussion, Councilman Strong made a substitute motion that action on the Joint City-County Intergovern-- mental Relations Committee Report No. 2-82 be continued for thirty days with the understanding that Staff make the report available to interested parties and give the public an opportunity to review the Gage-Babcock Study. This motion failed by the following roll call vote: Ayes: Councilmen Strong, Christensen Noes: Councilmen Barton, Means, Payne, Ratty, Rockoff Absent: None. Bakers£ield, California, March 3, 1982 - Page 16 4 ;7 Mr. Gary Turner asked Chief Needham how far the response distance would be for the fire station on Brundage Lane and Union Avenue, because he heard it might be as far as Greenfield. Chief Needham stated that he did not know exactly how the County will break their companies down. He believes the response would be set so that an engine company would be there to protect the City as the City would do to protect the County. Mr. Michael LaVoie spoke in opposition to the plan to close the fire stations. He stated concerns about response time needed to reach people involved in emergency situations. Councilman Ratty's motion to approve the six recommendations as outlined in Report No. 2-82 from the Joint City-County Inter- governmental Relations Committee regarding Fire Service Unifica- tion in the Metropolitan Bakersfield Area, carried by the following roll call vote: Ayes: Councilmen Barton, Means, Payne, Ratty, Rockoff Noes: Councilmen Strong, Christensen Absent: None. Councilman Christensen stated for the record that he could, in no way, vote for this and wipe out Baker Street and all the businessmen. Mayor Shell declared a brief recess at ll:50 P.M. and reconvened the meeting at 11:55 P.M. City Manager Kelmar reported that as a result of action taken by the Council at the last meeting, the author of the Argument in Favor of Measure B, was not agreeable to making mod- ifications in the argument at their meeting on Tuesday. However, on Friday morning he called and indicated that make changes and that, on his own, he would go permission to make the modifications, which he he was willing to to court to get did. Basically, the argument reflects something that is satisfactory, except in one particular area, but the rest of it is satisfactory. Councilman Means thanked City Manager Kelmar for the way in which this matter was handled. Mayor Shell le£t the meeting at 12:00 Midnight. Bakersfield, California, March 3, 1982 - Page 17 The foliowind,items were listed on the consent calendar: CONSENT CALENDAR (a) Allowance of Claims Nos. 4443 to 4750, inclusive, in the amount of $1,268,169.74. (b) Claim for Damages from Interinsurance Exchange of the Automobile Club of Southern California, P.O. Box 2890, Terminal Annex, Los Angeles. (Refer to City Attorney) (c) Water Line Easement from Diamond H Corporation for construction of a water line required by the Fire Department before issuance of a build- ing permit, located at the northeast corner of North Half Moon Drive and Hoad Lane. (d) Application for Encroachment Permit from LaMar/ Clement Development for the bridging of a 20-£oot wide sewer easement by the third floor of a new building and the encroachment of below grade structural elements into the easement. (e) Application for Encroachment Permit from Tenneco West, for road bore undercrossing for 15" P.V.C. pipe in 18" steelpipe for irrigation service across Buena Vista Road 5,600 feet + south of Stockdale Highway. (f) Application for Encroachment Permit from U.S. Home Corporation, 1330 22rid Street, Bakersfield, for construction of a six-foot wood fence behind sidewalk on LaMirada Drive. Street address of property is 5101 Dunsmuir Road. The Public Works Department recommends approval with the condition that a corner cutoff be provided for any future or existing driveways adjacent to the fence. (g) Application for Encroachment Permit from Mr. Louis Knettel, 1812 Stillman Avenue, for the construction of a four-foot chain link fence on an 11-inch high retaining wall behind sidewalk area at 1812 Stillman Avenue. (h) Application for Encroachment Permit from Leon Daven- port, 220 Oak Street, for the construction of raised landscaping with masonry border behind sidewalk area at 220 Oak Street. (i) Notices of Completion and Acceptance of Work for: Pavement Construction on Portions of Akers Road, Contract No. 82-12 with Granite Construction Co. Construction of Traffic Signals at Stockdale Highway and Oosford Road, Contract No. 8i-185 with A.C. Electric Company. Tract No. 4395 A, Contract No. 81-121, with U.S. Home Corporation, located on Dunsmuir Road, north of Business Center Drive. Bakersfield, California, March 3, 1982 - Page 18 Construction of a Pump Station and Site Work at the Ashe Water System's Two Million Gallon Waste Storage System, Contract No. 80-199, with Kaweah Construction Company. (J) Plans and Specifications for the Resurfacing of Auburn Street between Oswell Street and LaCosta Street. (k) Medical Leave of Absence for Wayne H. Condon, Tree Maintainer I. Employee is presently on Medical Leave and has not been released by his doctor to return to work. He is requesting a 30-day Leave of Absence Without Pay. This will extend the Leave of Absence through March 21, 1982. (1) Request from Dale G. Scales for an amendment to the General Plan for Commercial use of property located on the north side of State Route 178, near the mouth of the Kern River Canyon. (Refer to Planning Commission for study and recommenda- tion.) Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (1) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Payne Ratty, Rockoff Noes: None. Absent: None. ACTION ON BIDS Upon a motion by Councilman Strong, bid of Musco c/o Moore Recreation, in the amount of $19,056.00, for Lighting Equip- ment for Parks (Lighting Fixtures for Softball Diamonds), was accepted. Upon a motion by Councilman Strong, low bids of Down's Grading, in the amount of $6,750.00, for a operated crawler hoe and Kern Delta Equipment, in the amount of $4,200.00, for a operated dragline, were accepted and all other bids rejected. Upon a motion by Councilman Rockoff, low bid of Ray Gaskin Service in the amount of $149,026.88, for two Refuse Trucks for Public Works Departments, was accepted and budget transfer, in the amount of $6,000, from Replacement Contingency Account No. 81-77300-484, was approved. 47O Bakersfield, California, ~arch 3, 1982 - Page Upon a motion by Councilman Strong, low bid o£ Robert B. Moss, Jr., in the amount of $18,180.00, for Roll-up Door Operators for the Corporation Yard, was accepted and the other bid rejected. Upon a motion by Councilman Strong, low bid of Redding Steel and Supply, in the amount of $4,213.02z for Corrugated Metal Pipe for the Water Department, was accepted and the other bid rejected. Upon a motion by Councilman Means, low bid of Ray Gaskin Service, in the amount of $35,949.16, for a 49,600 lb. Cab and Chassis for use as a tow truck and "A" frame truck for Public Works Department, was accepted and the other bid rejected. Upon a motion by Councilman Christensen, low bid of Hopper, Inc., in the amount of $8,544.66, for Metal Control Weirs for the Agricultural Water Department, was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Lougee- Michael, in the amount of $33,856.40, for a Tractor Loader Backhoe for the Parks Department, was accepted and all other bids rejected. Upon a motion by Councilman Payne, usual bidding require- ments were dispensed with, in accordance with Section 3.20.060 B of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price, not to exceed the budgeted amount of $27,400, for three used cars (replacement) for Police Department undercover work. Upon a motion by Councilman Payne, low bid of Granite Construction Company, in the amount of $196,467.25, for resurfacing portions of Fjord Street, Stine Road, Real Road, and South Chester Avenue, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, March 3, 1982 - Page 20 Upon a motion by Councilman & Son Manufacturing, in the amount of cabinet adapters, was rejected, and staff authorized to DEFERRED BUSINESS Approval of Ratification to Rule No. 12 to the Miscellaneous Departments Civil Service Board Rules and Regulations. Christensen, bid of Lortz $6,174.48, for traffic signal readvertise. The Employees' additions be made to the Board Rules and Regulations. The Miscellaneous Departments Civil Service Board, at their meeting of January 19, 1982, acted favorably on these additions and are recommending Council acceptance. At the Council Meeting of February 17, 1982, the Council requested that this item be deferred until the meeting of March 3, 1982. Councilman Ratty made a motion to Ratify Rule No. 12 to the Miscellaneous Departments Civil Service Board Rules and Regula- tions, omitting Section 12.05. This motion failed to carry by the following roll call vote: Ayes: Noes: Absent: Union (S.E.I.U.) has requested that cert~Lin Miscellaneous Departments Civil Service Ratty, Rockoff Strong, Barton, Christensen, Means, Payne 12 to the Miscellaneous Departments Civil Service Board Rules and Regulations, as modified by the letter, dated March 3, 1982, from Charles G. Waide, Jr., Assistant General Manager, Kern County Public Employees Association, S.E.I.U. Local 700, AFL-CIO, as follows: 12.05 USE OF PERSONNEL FILES The employees central personnel file is utilized by Civil Service Oral Boards during examinations. If an employee believes a document placed in his file may unjustly harm his opportunity before an Oral Board, the employee may petition to have the document sealed for purposes of future Oral Board examinations. With a recommendation from the employee's Department Head and the Director of Personnel the ~iscellaneous Civil Service Board may order the document sealed. The Civil Service Board's decision shall be final. At no time will a regular performance evaluation or employee application be ~ealed pursuant to this section. Councilman Councilman None. Councilman Means made a motion to Ratify Rule No. Bakersfield, California, March 3, 1982 - Page 21 The motion carried by the following roll call vote: Ayes Councilmen, Strong, Barton, Christensen, Means, Payne Noes Councilmen Ratty, Rockoff Absent: None. Adoption of Ordinance No. 2686 New Series of the Council of the City of Bakersfield repealing Section 10.44.040 of the Bakersfield Municipal Code relative to Restric- tion Upon Driving in Certain Alley. Upon a motion by Councilman Ratty, Ordinance No. 2686, New Series of the Council of the City of Bakersfield repealing Section 10.44.040 of the Bakersfield Municipal Code relative to Restrictions Upon Driving in Certain Alley, was adopted by the following roll call vote: Ayes Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Noes None. Absent: None. Adoption of Ordinance No. 2687 New Series of the Council of the City of Bakersfield amending Section 12.56.050(J) of the Bakersfield Municipal Code, Relative to Park Curfew. Upon a motion by Councilman Rockoff, Ordinance No. New Series, of the Council of the City of Bakersfield Section 12.56.050(J) of the Bakersfield Municpal Code, to Park Cur~ew, was adopted by the following roll call 2687, amending relative vote Ayes Noes Absent: Councilmen Strong, Barton, Christensen, Means, Rockoff Councilman Payne None. Adoption of Ordinance No. 2688 amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of Watts Drive, west of Madison Street Ratty Bakers£ield, California, March 3, 1982 - Page 22 This amendment was initiated by the Planning Commission and would change subject properties from an R-1 (One Family Dwelling) Zone to an M-1 (Light Manu£acturing) and C-1 (Limited Commercial), or more restrictive Zones. Planning Commission recommended approval of this amend- ment. Upon a motion by Councilman Strong, Negative Declaratio:n and Ordinance No. 2688 New Series, amending Title Seventeen of the Municipal Code o£ the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of Watts Drive, west of Madison Street, £inding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Payne Ratty, Rockoff Noes: None. Absent: None. NEW BUSINESS First Reading of an Ordinance amend- ing Title Seventeen o~ the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakers- field located at the southwest corner of Stine Road and Ming Avenue. This amendment was initiated by Ernest Chang and the City of Bakersfield and would change subject property from an R-1 (One Family Dwelling) Zone to a C-2 (Commercial), or more restrictive Zone. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakers- field by changing the Land Use Zoning of that certain property in the City of Bakersfield located at the southwest corner of Stine Road and Ming Avenue. 474 Bakersfield, California, March 3, 1982 - Page 23 First Reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the land use zoning of that certain property in the City of Bakers- field commonly known as 2080 Stine Road. This amendment was initiated by Terry Holland and Paul Longacre for Westminster United Presbyterian Church and would change subject property from an R-1 (One Family Dwelling) Zone to an R-1-CH (One Family Dwelling-Church) and R-3 (Limited Multiple Family Dwelling), or more restrictive Zone. amendment. The Planning Commission recommended approval of this First reading was considered given an Ordinance amend- ing Title Seventeen of the Municpal Code of the City of Bakers- field by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 2080 Stine Road. Adoption of Resolution No. 23-82 of the Council of the City of Bakersfield State of California, calling a public hearing to determine whether public necessity, health, safety, or welfare require formation of an Underground Utility District within designated area. This resolution sets a public hearing for March 17, 1982, to determine whether public necessity, health, safety or welfare require formation of Division 7, located along "H" Street between 15th Street and 17th Street, and Division 8, located in Block 325 directly south of City Hall, of Under- ground Utility District No. 2. Upon a motion by Councilman Rockoff, Resolution No. 23-82 of the Council of the City of Bakersfield, calling a public hearing to determine whether public necessity, health safety or welfare require formation of an Underground Utility District within designated area, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Ratty, Rockoff Noes: None Absent: None. Christensen, Means, Payne Bakersfield, Cali£ornia, March 3, 1982 - Page 24 475 Approval of Memorandum of Under- standing, Kern River Project - Agreement Number 82-24 between Kern COG, County of Kern, and City of Bakersfield for coopera- tion and funding of a planning study of the Kern River. This project will cost approximately $25,000. The City has budgeted $5,000 as its share. Kern COG will coordinate the study and Quad Consultants has been awarded the contract. The Memorandum of Understanding was signed by Kern COG February 19, 1982. County of Kern has scheduled consideration of Memorandum of Understanding for March 1, 1982. Upon a motion by Councilman Payne, Memorandum of Understanding Number 82-24, Kern River Project - Agreement between Kern COG, County of Kern, and City of Bakersfield for cooperation and funding of a planning study of the Kern River, 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 12:20 P.M. MAYOR off~he Cit~ of Bakersfield, Calif. ATTEST: of the City of Bakersfield, California CW 476 Bakersfield, California, March 17, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., March 17, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Pastor Victor Perez of Victory Outreach. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Barton, Christensen, Means (seated at 8:25 P.M.), Payne, Ratty, Rocko£f Absent: Councilman Strong Minutes of the regular meeting of February 24, 1982 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. John Diatte, President of South Valley Homes, Inc., presented a written statement requesting that the Council adopt a resolution for conduit financing on the Old Barker Brothers Building, located at 2727 "F" Street, and Old Kress Building, located on south- west corner of 19th and "K" Streets, which he is planning to re- habilitate. Upon a motion by Councilman Payne, request of Mr. John Diatte, for an inducement resolution for conduit financing for the rehabilitation of the Old Barker Brothers and Kress Buildings, was referred to the Business Development and Parking Committee for study and recommendation. PRESENTATION OF PLAQUE Mayor Shell presented Cal-State Bakers£ield's Roadrunner Wrestling Team with a plaque in recognition of their winning the Division 2 National Championship. Coach Seay, on behalf of the Wrestling Team, thanked the Mayor and community for their support. CORRESPONDENCE Upon a motion by Councilman Payne, communication £rom Joyce Brink, 4105 Krista Court, dated March l, 1982, requesting Bakersfield, California, March 17, 1982 - Page 2 477 Council action that would make it possible to issue a zoning variance in single-family residence zones to provide for construction or remodeling to create a small dwelling or apartment for use of one or two adults 60 years or older (Senate Bill No. l160), was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rockoff, communication from Peter C. Brown Accountancy Corporation, Certified Public Accountants, 5700 Stockdale Highway, Suite 301, dated March 3, 1982, requesting that their firm be considered for the annual audit of the City of Bakersfield for Fiscal Year ending June 30, 1982, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Christensen, communication from the Greater Bakersfield Chamber of Commerce, dated March 5, 1982, commending Mr. Vincent Casper for his fine leadership and many years he spent on the Bakersfield Redevelopment Agency, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from the Kern Audubon Society, dated March 7, 1982, expressing their approval of the new plan for the Kern River, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from the City of Tulare, dated March 9, 1982, urging representatives of the City to participate in the March l?, 1982, "March on the Capitol" to impress on the Legislature that cities do have severe financial concerns facing them in the coming year, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communications from Auditorium-Recreation Manager Graviss, dated March 9, 1982, and Robert E. Paaren, President of the Kern City Golf, Inc., dated February 25, 1982, requesting approval and endorsement of the Bakersfield City Golf Championship to be held in early April at the Kern City Golf Course, were received, endorsement was approved and permission granted to call it the "Bakersfield City Golf Championship." Bakersfield, California, March 17, 1982 - Page 3 from H. L. ~4arch 12, Upon a motion by Councilman Christensen, communication Richardson, State Senator of the 25th District, dated 1982, requesting that the Council adopt a resolution supporting the return to a part-time State Legislature, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from Martin-Mcintosh, Land Surveying & Civil Engineering, dated March ll, 1982, requesting an amendment to the Zoning Ordinance to allow outside storage of irrigation pipe in a C-2 Zone by Conditional Use Permit, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rockoff, communication from the City of Pittsburg, California, dated March 5, 1982, regarding Assembly Bill 699 - Cable TV Litigation, was received and referred to the Legislative Committee for study and recommendation. COUNCIL STATEMENTS Councilman Rocko£f stated he is concerned that while the methane gas problem at the landfill is being studied that there will be a danger to the surrounding residents. Director of Public Works Hawley stated he does not have an answer to that problem because there are no established guide- lines. The Consultant has completed the initial studies, which indicate there is some evidence of methane gas present at that location. The concentration is not high, however, there are no guidelines as to what would be considered a safe or hazardous situation. The Committee recommended that the Board of Supervisors proceed with Steps 1 and 3 of the report. Step 1 calls for the installation of a permanent monitoring system so a closer tab can be made on the methane gas. Step 3 calls for the design of some type of collection system for the gas. Councilman Ratty announced that he appointed Stuart L. Parrish, M.D., 1611 1st Street, to the Greater Bakersfield Crime Commission. Bakersfield, California, March 17, 1982 - Page 4 479 Upon a motion by Councilman Barton, Mrs. Rita M. Eggert, 101 Beech Street, was reappointed to the Miscellaneous Departments Civil Service Board, term expiring December 31, 1985. REPORTS Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 3-82 regarding Refuse Collection Agreement, as follows: On March 20, 1967, the City of Bakersfield entered into an agreement with Kern Refuse Disposal, Inc., to provide refuse collection service to those portions o£ the City not being served by the City itself. Pursuant to the provisions in the contract, in January, 1981, the contractor (Kern Refuse Disposal, Inc.), requested the City Council grant a 14% across-the-board increase in their charges to the City effective July 1, 1981. The City Council referred the request to the Budget Review and Finance Committee for study and recommendation in connection with the 1981- 82 fiscal year budget. It should be noted, since early 1980, the Budget Review and Finance Committee has been studying various alternatives in an effort to make the contractor more accountable to the City with respect to their cost of operation. This Committee requested the Public Works Director outline the basis for the contractor's requested increase of 14% as well as prepare a complete analysis of cost increases experienced by the City for refuse collection. The analysis by the Public Works Director reflected an increase, for 1981-82 fiscal year, in the City's cost of 7.2%. In addition to reviewing the figures and calcu- lations with City staff, this Committee met with representatives of the contractor to discuss the results and accept any input and discussion the contractors had to offer. The contractor's representatives presented a formula they had established as a basis for the requested rate increase. The formula suggested an increase based upon anticipated increases in various items such as fuel, interest rates, etc., yet, not necessarily a reflection of the operations of the contractor. This Committee £elt it had to rely on the operations and records of the City as the basis for determining the cost of providing refuse collection service. Through- out our discussions, this Committee recognized it was necessary for the City's figures to be adjusted to reflect differences in cost of operations between the City and independent contractors. Differences included such items Bakersfield, California, March 17, 1982 - Page 5 as differences in travel distance to the land- fill sites, taxes and licenses, private financing, etc. In light of these considerations, on August 12, 1981, this Committee recommended the Council approve an interim increase of 8% for the months of July and August, 1981 (the termination of the then existing contract being August 31, 1981). Any additional increase was to be negotiated in the new contract. This Committee also recommended the City Council authorize this Committee to continue to negotiate and subsequently recommend to the City Council a new contract between the City of Bakersfield and Kern Refuse Disposal, Inc., for refuse collection services. The Council authorized the Committee to proceed with negotiations. Ensuing discussions and meetings with members of City staff and representatives of the contractor prompted this Committee to conclude there were seven major areas where the cost of operations for the City, compared to the cost of operations for the independent contractors, reflected differences that should be taken into consideration in determining the cost of pro- viding refuse collection services. Those seven factors are: 1 2 3 4 5 6 7 Haul distance to dump. Taxes and licenses. Curbside service. Holidays not worked. Mechanical collection. Private financing. Insurance. Once again, this Committee reviewed all figures and calculations not only made by City staff, but representatives of the independent contractors as well. In addition, the City staff met with insurance brokers of two of the larger contractors in an effort to audit and verify the contractor's insurance cost. In addition to those factors itemized above, it was the consensus of this Committee that the contract should also provide a profit of 5%. Pursuant to these discussions, we concluded the annual rate to the contractor would be determined by using the City's cost and adjusting it using the seven factors plus pro- viding for a 5% profit. In addition to reviewing costs, discussions were held with City staff and representatives of the contractor regarding the term of the contract and termination provisions. The contractor felt a rate based upon the City's cost, and adjusted annually, using the factors enumerated above, could conceivably produce a rate that would not be financially feasible to their operations and ultimately force them into a position where they would not be able to pro- vide refuse collection service. As such, they Bakersfield, California, March 17, 1982 - Page 6 requested the flexibility of terminating the contract if such a situation developed. City staff felt it would take approximately two years to "gear up" and be in a position to provide service to those areas being served by the contractor. Pursuant to these discussions, it was mutually agreed that the agreement may be terminated by either party without cause or reasons prior to the expiration of the term of the contract by giving the other party two years notice of such termination. Such notice, how- ever, may only be given during the first 90 days of each fiscal year (July 1 through September 30). It was further noted that at the present time there exists a relationship between the City and the contractor whereby each party is pro- viding service to approximately one-half of the residential units in the City. In order to maintain the "50/50" relationship and continue to provide economical refuse collection, it was noted that from time to time the City intends to expand its municipal refuse and garbage collection services within presently undeveloped areas. It was mutually agreed that the expansion could thus be obtained through a formula whereby the City shall have the right to provide refuse collection services for the first 1,000 units that are developed in such areas. Thereafter, as residential units develop they shall be divided equally so both the City and the contractor shall provide refuse collection services for one-half of the units. Finally, this Committee appreciates the coopera- tion of the independent contractors and their representatives for the time and effort spent for the past five months in negotiations to reach agreements outlined above and contained in the proposed contract. Therefore, this Committee recommends that the City Council receive this report and place on file to allow the entire Council two weeks to review both the report and proposed agreement. This Committee further recommends that at the March 31, 1982, Council Meeting the City Council approve the agreement and authorize the Mayor to execute. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 3-82 regarding Refuse Collection Agreement, was accepted; and action on the Agreement was held over until the Council Meeting of March 31, 1982, in order to allow time for Council review. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 2-82 regarding Marathon Ordinance, as follows: Bakersfield, California, March 17, 1982 - Page 7 Recently, the Police Chief requested the City Council adopt policy regarding the use of City streets for marathons, other foot and bicycle races, and similar events within the City of Bakersfield. The matter was referred to the Auditorium-Recreation Committee for study and recommendation. This Committee has met with staff, including representatives from the Police Department, to review alternatives and suggestions for regu- lating such marathons and similar special events. Areas of concern we discussed included procedures for permits and appeals, permit fees, costs incurred by the City for monitoring events, etc. Included in the conclusion we arrived at and contained in the proposed ordinance, is an application fee of $25.00 in order to cover the City's cost for processing the application. Additionally, the ordinance provides for the applicant to deposit funds to offset all related City costs. This Committee also felt all appli- cations should be made at least 30 days prior to the proposed event. Therefore, this Committee recommends the City Council approve the comprehensive rules and regulations as set forth in the proposed ordinance and consider this first reading. Mr. Louis Lopez, representing the Bakersfield Center for Independent Living, Inc., stated they have applied for a permit to have an event in Bakersfield on May 1, 1982, called "Bakersfield Mile," which is being cosponsored by the Bakersfield Track Club, Downtown Business Association and Pepsi-Cola and Dr. Pepper bottlers. They are requesting permission to run on Truxtun Avenue, starting at Chester Avenue and running towards "Q" Street. The "Q" Street intersection will be used as a turnaround point. Police Chief Price stated the Marathon Ordinance before the Council tonight was developed because of the growing interest in Marathon events. The Police Department did not feet the Parade Ordinance covers these situations and that is why Mr. Lopez's request for a Parade Permit was denied. Mr. Lopez has appealed that denial and the hearing is scheduled later in tonight's agenda. The Police Department does have some problems with the location where Mr. Lopez wants to hold this event. Bakersfield, California, March 17, 1982 - Page 8 Councilman Means questioned the fact that Mr. Lopez would not be able to obtain a permit in time for their event if the Marathon Ordinance is adopted at the next Council Meeting, because it takes 30 days for an ordinance to become effective and their event is scheduled for May l, 1982. City Attorney Oberholzer stated the Marathon Ordinance could be adopted as an Emergency Ordinance at the next Council Meeting and it will become effective immediately, thereby allowing Mr. Lopez time to apply for a permit. After discussion, upon a motion by Councilman Christensen, Auditorium-Recreation Committee Report No. 2-82 regarding Marathon Ordinance, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield enacting comprehensive rules regula- ting the conduct of Special Events within the City of Bakersfield and providing standards for the issuance or denial of Permits for Special Events. First reading was considered given an Ordinance of the Council of the City of Bakersfield enacting comprehensive rules regulating the conduct of Special Events within the City of Bakers- field and providing standards for the issuance or denial of Permits for Special Events. Upon a motion by Councilman Means, the City Attorney was requested to redraft the Marathon Ordinance as an Emergency Ordinance for consideration at the Council Meeting of March 31, 1982. Mr. Louis Lopez, on behalf of the Bakersfield Center for Independent Living, Inc., withdrew their appeal regarding the Chief of Police's denial of their application for scheduled later in tonight's meeting. Councilman Christensen, member of Relations Committee, Center, as follows: a "Parade Permit," the Intergovernmental read Report No. 3-82 regarding Senior Citizens Bakersfield, California, March 17, 1982 - Page 9 At the February 3, 1982, City Council Meeting, the St. John's Manor Housing Corporation requested the purchase of a portion of the City's Senior Citizens Center site for the development of senior citizen housing. The staff was instructed to obtain an appraisal of this property and pursue the possible sale of this land. Since the February 3rd Council Meeting, the staff has obtained this appraisal and met with the representatives of the Corporation regarding this property. Due to the appraised value of the City's land and the purchase of an additional one-third acre, which the Crippled Children's Society owns, St. John's has dropped their request, as the project is not financially feasible. Since the sale of this land is not possible, the staff has continued to meet with the project architect to finalize the development of the entire site. The first phase of the project would involve the rehabilitation and develop- ment of the recreation, dining, and kitchen complex at an estimated cost of $295,000. Representatives of the Bakersfield Association of Retarded Citizens (BARC) have informed us that they intend to move the senior citizens into a portion of the center immediately on a temporary basis during the first phase of development. It is anticipated that this first phase will take approximately eight months to complete. In order to begin rehabilitation of the buildings and programming for the seniors, the Intergovern- mental Relations Committee is recommending the following for Council approval: Instruct the City Attorney to negotiate a land trade with the Crippled Children's Society for approximately 60 feet of frontage on 4th Street to facilitate the development of a driveway into the Senior Citizens Center site. Authorize the Public Works Department to prepare the administration building for the relocation of the senior citizens and operating staff on a temporary basis. Funds to be reimbursed to Public Works through Community Development Block Grant. Authorize staff to proceed with the first phase of rehabilitation of the Senior Citizens Center. Plans and specifications to be submitted to Council for final approval by architect at a later date. Councilman Christensen made a motion to accept Inter- governmental Relations Committee Report No. 3-82 regarding Senior Citizens Center. Bakersfield, California, ~arch 17, 1982 - Page l0 Councilman Payne stated he received a complaint that the Senior Citizens were not allowed to have input into the Senior Citizens Center and that the major input came from K.C.E.O.C. Community Development Coordinator Grady outlined the Citizens Participation Program. Councilman Barton also stated he had phone calls from people who feel they are being excluded from this project. The whole idea behind the project was to provide a facility strictly for Senior Citizens and not for K.C.E.O.C., B.A.R.C., etc. City Manager Kelmar suggested the Council delay action on the report and possibly establish a Senior Citizen Task Force to explain to their groups what the plans for the center are, solicit their input and come back to the Council with a report. After discussion, Councilman Christensen's motion to accept Intergovernmental Relations Committee Report No. 3-82 regarding Senior Citizens Center, was approved. Councilman Barton made a motion to refer the matter of lack of input from Senior Citizens to the Intergovernmental Relations Committee to develop a criteria for a cross section committee of Senior Citizens to study the matter and report back to the Council. Councilman Payne suggested that Senior Citizens reading this in the newspaper or hearing it on television and radio should call their Councilmen so this can be handled in the most expeditious manner possible. Councilman Means offered a substitute motion that final action on the proposal be postponed and staff and the various senior groups that were involved in the decision making process seek and accept input from anyone with concerns or questions and report their findings to the Intergovernmental Relations Committee for a report back to the Council no later than 30 days from tonight. Councilman Barton withdrew his motion. Councilman Means' motion was unanimously approved. 496 Bakersfield, California, ~arch 17, 1982 - Page to lobby Councilman Means reported on his trip to Sacramento today against the Governor's budget, as follows: The League of California Cities had 400-500 representatives in Sacramento to meet with various Legislators to lobby against the Governor's budget that is going to reduce sub- ventions to cities in an amount estimated to be $250,000,000. The League's position was: 1. Cities are concerned about the amount of the subvention cuts. Cities are concerned about the State not having a regular or predictable manner by which cities know how much money they will get each year. The cities are willing to share on the cuts as much as anyone else, but since Proposition 13 the State budget and personnel have grown much larger than city budgets and personnel. The meetings today were not very productive. We met with our Assemblyman and Senator this afternoon and they were very receptive and concerned, but doubted anything would be done. They could not offer much hope that the City would get anymore money and will probably lose all the in-lieu tax money that has been dis- cussed. Because of the way the State does their budget the last three months they are short of funds and are trying a number of schemes to improve on that and we are bottom on the priority. They were not able to offer much. It looks like the City of Bakersfield will be hurt as much as anticipated this year. CONSENT CALENDAR The following items were (a) (b) (c) listed on the Consent Calendar: Allowance of Claims Nos. 4751 to 5014, inclusive, in the amount of $1,227,080.26. Claim for Damages from Diane Weitzel, 3121 North Inyo Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Susan Ilene Powers, 3930 South Real Road, Bakersfield. Refer to City Attorney) (d) Claim for Damages from Robert B. Tobias, Jr., 2609 Bank Street, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Gloria Martinez, 3815 Columbus Street, #77, Bakersfield. (Refer to City Attorney) Bakersfield, California, March 17, 1982 - Page 12 (f) (g) (h) (i) (J) (k) (1) Claim for Damages from California State Automobile Association Inter-Insurance Bureau on behalf of James W. Hart, 4333 Florin Road, Sacramento. (Refer to City Attorney) Claim for False Arrest, Unlawful Detention and Negligence from Richard Charles Phillips, 414 Berneta Street, Bakersfield. (Refer to City Attorney) Improvement Agreement with E-Z 8 Motels, Inc., for construction of improvements required by the Planning Commission for development located north of 24th Street, east of Pierce Road. Map of Tract No. 4418 with Kern County Electrical Pension Fund, located at south- west corner of 21st Street and Westwind Drive. Notices of Completion and Acceptance of Work on the following: Curb and gutter in the Lowell Addition Area, Phase II, Contract No. 81-168 with Madonna Construction Company. Reconstruction of Real Road, between Chester Lane and California Avenue, Contract No. 82-5 with James G. Francis, Inc. Wood Link Fence around Sump Site at Grissom Street and White Lane, Contract No. 81-166 with Alcorn Fence Company. Construction of west half of Ashe Road, White Lane to District Boulevard, Contract No. 81-98 with Granite Construction Company. Tract No. 4131, Contract No. 79-79 with Challenge Builders, Inc., located at Hughes Lane and Fairview Road. Tract No. 4149, Contract No. 79~80 with Challenge Builders, Inc, located at Hughes Lane and Pacheco Road. Tract No. 4163 A, Contract No. 79-160 with Mobilhome Corporation located at La Costa Street and Auburn Street. Application for Encroachment Permit from Stockdale Television, 4321 Stine Road, for construction of a Satellite receiving dish antennae encroaching into right-of-way to 13 feet behind sidewalk. Application for Encroachment Permit from Bok K. Chin, 623 Chester Avenue, for construction of mansard roof encroaching 43 feet at 93 feet above sidewalk and brick veneer encroaching 23 inohes into right-of-way. Bakersfield, California, March 17, 1982 - Page 13 (m) Plans and Specification for construction of an addition to the Vehicle Service Building at the Bakersfield Police Facility. (n) Plans and Specifications for pavement reconstruction on Beale Avenue between Monterey Street and East Truxtun Avenue. It will be necessary to close the Beale Avenue Overcrossing during reconstruction; therefore, staff recommends a liquidated damages assessment charge of $500.00 per day. (o) Correspondence from Cambrian Energy Systems to the Public Works Director proposing to convert landfill gas into electric power. (Refer to Budget Review and Finance Committee) Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: Councilman Strong ACTION ON BIDS Upon a motion by Councilman Ratty, low bid through the State Contract, in the amount of $28,216.73, for Four Pickup Trucks; for the Public Works Department, was accepted and all other bids rejected. Upon a motion by Councilman Christensen, bid of American Compressor Company, in the amount of $7,600.20, for Rotary Lobe Blower Parts (Wastewater Treatment Plant Machinery), was accepted. Upon a motion by Councilman Rockoff, low bids of San Joaquin Supply (47 items), in the amount of $6,215.26, and Hudson Supply (32 items), in the amount of $2,284.83, for Annual Contract for Janitorial Supplies, were accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Means, low bid of Casa Moore Carpet, Inc., in the amount of $4,955.00, for carpet for renovation of second floor of City Hall (Attorney's Office), was accepted and the other bid rejected. Bakersfield, California, March 17, 1982 - Page 14 Upon a motion by Councilman Barton, low bid of Torres Fence, Inc., in the amount of $37,565.00, for construction of chain link and barbed wire fence on the Kern River Canal, was accepted and the other bid rejected. Upon a motion by Councilman Christensen, low bid of Graybar Electric, in the amount of $4,174.74, for Fluorescent Fixtures and Lamps, was accepted and all other bids rejected. Upon a motion by Councilman Barton, low bid of Abate-A-Weed, in the amount of $7,~21.29, for Chemicals for the Public Works Department, was accepted and all other bids rejected. Upon a motion by Councilman Christensen, low bid of Rockwell International, in the amount of $98,765.98, for Annual Contract for Water Meters for Domestic Water Department, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rockoff, low bid of Lougee- Michael, in the amount of $81,572.30, for Diesel Motor Grader, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2689 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 2080 Stine Road. The application for this amendment was made by Terry Holland and Paul Longacre for Westminster United Presbyterian Church and would change subject property £rom an R-1 (One Family Dwelling) Zone to an R-1-CH (One Family Dwelling - Church) and R-3 (Limited Multiple Family Dwelling) Zones. The Planning Commission recommended approval of this zone change request. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2689 New Series amending Title Seventeen of the 490 Bakersfield, California, March 17, 1982 - Page 15 Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 2080 Stine Road, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Noes None Absent: Councilman Strong Adoption of Ordinance No. 2690 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located at the southwest corner of Stine Road and Ming Avenue. The application for this amendment was made by Ernest Chang and a portion initiated by the City of Bakersfield and would change subject property from an R-1 (One Family Dwelling) Zone to a C-2 (Commercial) Zone. The Planning Commission recommended approval of this zone change request. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2690 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located at the southwest corner of Stine Road and Ming Avenue, 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: Councilman Strong Adoption of Resolution No. 24-82 of the Council of the City of Bakers- field establishing a Redevelopment Advisory Committee. At the Council Meeting of March 3, 1982, Councilman Barton requested that this item be placed on the agenda for consideration at the meeting of March 17, 1982. Bakersfield, Cali£ornia, March 17, 1982 - Page 16 491 Councilman Barton stated this committee would serve in an advisory capacity only. The people who serve on this committee would help the Redevelopment Agency in this transition period because of all the new members. Mr. Vincent Casper is leaving the Redevelopment Agency after many years of service and he has a great deal of expertise in that area. Mr. Casper cannot serve on the Redevelopment Agency due to a conflict of interest, but he can giw~ advice. Upon a motion by Councilman Barton, Resolution No. 24-82 of the Council o£ the City of Bakersfield establishing a Redevelop-- ment Advisory Committee, Ayes: Councilmen Noes: None Absent: Councilman Abstaining: was adopted by the following roll call vote: Barton, Means, Payne, Ratty, Rockoff Strong Councilman Christensen - Upon a motion by Councilman Means, the Order o£ Business on the Agenda was changed and Hearings will be held at this time. HEARINGS This is the time set for public hearing be£ore the Council on an Appeal by Colombo Construction Company, Inc., to the decision o~ the Board of Zoning Adjustment denying their application for a Conditional Use Permit to allow an addition consisting of a detached 1,500 square foot metal storage structure to an existing private school complex, established pursuant to an approved Conditional Use Permit on June ll, 1951, and also to modify the rear yard setback from the required five feet to one foot in an R-1 (One Family Dwelling) Zone, on that certain property commonly known as 2516 Palm Street. 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. 492 Bakersfield, California, March 17, 1982 - Page Mr. John Lencioni, representing Colombo Construction Company, stated since the hearing before the Board of Zoning Adjustment they have modified the building to be more compatible with the surrounding residential area. The height of the building has been dropped from 16 feet to ll feet 9 inches and the walls will be plastered and stuccoed. It is being requested to build within 1 foot of the property line because if it is the required 5 feet between the building and fence the area between will be used for a junk yard and storage. Mr. Gene Bonas, Principal of St. Francis School, stated the area they would like to place the building is a dead area and not being used. Additional storage is needed because of the schools growth. Some of the neighbors did have concerns with the flow of wind and alteration of the view. Mr. Bonas then outlined the layout of St. Francis School and playground. The area in question borders backyards and not frontyards. Due to the fact that this is a dead area, borders backyards, the school is willing to lower the building height and is in dire need of additional storage space, it is requested that the Council grant the Conditional Use Permit and Modification of the rear yard setback. Mrs. Kathy Farmer, 2424 Palm Street (homeowner to the east and also speaking for the Browns), stated there are several places at St. Francis School this building could be placed. They are not against the school building it, however, they do oppose the location. The Browns are concerned with the one foot distance from the fence being a catchall for debris and the height and nearness of the building to the fence because it will shade all their fruit trees. Mrs. Farmer stated she feels the building could be placed elsewhere on the school grounds so it would not affect the two homes. Mr. Lencioni stated if the one foot distance is a problem they would go with the five foot distance from the fence. Bakersfield, California, March 17, 1982 - Page 18 49:3 No further protests or objections being received, and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Councilman Christensen stated he feels property does not have rights people do. He would be in favor of a motion to deny the Conditional Use Permit, since there is other property available. In answer to a question by Councilman Ratty, John Lencioni stated they could drop the height of the building to l0 feet. Mrs. Farmer indicated that the 1 foot setback is not acceptable. Mr. B. D. Brown, 415 "A" Street, stated St. Francis School has plenty of room elsewhere on their grounds to place the storage building. Upon a motion by Councilman Ratty, Zoning Resolution No. 287 granting Conditional Use Permit to allow an addition consisting; of a detached 1,500 square foot storage structure to an existing private school complex and Modification reducing the rear yard setback from the required five feet to one foot on that certain property commonly known as 2516 Palm Street, was adopted by the following roll call vote: Ayes: Councilmen Barton, Means, Payne, Ratty, Rockoff Noes: Councilman Christensen Absent: Councilman Strong This is the time set for public hearing before the Council on an Appeal by Darlene Patterson and W. C. Robertson to the decision of the Planning Commission approving an R-S-2½A-CH-FP-S (Residential-Suburban-Two and One-Half Acre Minimum Lot Size- Church-Floodplain-Secondary) Zone, affecting those certain properties in the City of Bakersfield located east of Manor Street, between the Kern River and Denise Avenue on the south. This hearing has been duly advertised and the property owners notified as required by law. 494 Bakersfield, California, March 17, 1982 - Page 19 This appeal concerns the CH Church Overlay Zone applied to the residential base zone. Mayor Shell declared the hearing open for public partici- pation. Mrs. Darlene Patterson, 5049 Fallgatter (property owner next to Calvery Bible Church), submitted a petition containing 7 signatures of residents of Rancho Del Rio Estates and outlying areas objecting to zoning for recreational purposes or parking facilities on parcels owned by the Calvery Bible Church. Mrs. Patterson stated she objects to this zoning because they have already erected a backstop next to her house and there is no guarantee what will be placed on that property. She also stated the proposed zoning is not compatible with the surrounding area. Mr. Gary Crabtree, President of Affiliated Appraisers, Inc., stated he was retained by Mr. & Mrs. Patterson to study the possible effects of an adverse influence and diminution of value to their property if subject Parcel "C" is rezoned to a Church Overlay. The C.C. & R's of Rancho Del Rio Estates, which Parcel "C" is a part of, states very clearly that it is for single family residential use only. It is apparent the church intends to use Parcel "C" for a recreational facility in that they have constructed framework for a backstop for a baseball diamond or playing field. Assuming this is correct a study was undertaken to determine a possible adverse influence caused by the CH Zone and recreational use along with a diminution of value to the Patterson's property. Nothing comparable could be found in the City of Bakersfield, howewer, some market data was found that suggests single family residences backing up to recreational facilities or across the street would cause a diminution of value in the amount of 4% to 6%. The esti- mated fair market value of the Patterson home is $215,000-$225,000, and this would result in a possible loss in value of $9,000-$13,500.. at the present time. The only parcel studied was Parcel "C." Bakersfield, California, March 17, 1982 - Page 20 49, annexation, whole area year storm. Planning Director Sceales stated he wanted to make it clear that the CH Zone allows a church and parking facilities, anything other than that, such as a recreational facility, must have a Conditional Use Permit. In answer to a question by Councilman Rockoff, Planning Director Sceales stated the property on the north side of Denise Avenue is unzoned at the present time. There is an overriding condition in the agreement where this property was made available for any type development through the State Reclamation Board. The original agreement between the State Reclamation Board and County of Kern, prior to annexation and which the City signed after contains a whole list of restrictions, because this is in a special area subject to flooding in the 100 Mr. Earl Gibbons, representing Calvery Bible Church and the John Friis Jacobson Trust, stated he believes the C.C. & R.'s on Ed Mainus' tract do not apply to Parcel "C." Parcel "C" is not a part of Rancho De1 Rio and was never owned by Ed Mainus. W. C. Robertson, 351 East Roberts Lane, stated he is not appealing the same parcel. He is appealing Parcel "1" owned by the John Friis Jacobson Trust. Mr. Robertson stated he has heard they plan to build a Senior Citizen's Retirement Home on Parcel "l," which would have a heavy density population in a floodplain. The historic use of this land has been for equestrian recreation. His stable has been at that location for 40 years. To put a large number of elderly people, with health problems, in a downwind position of hundreds of horses is unrealistic and he believes the State did not intend for that to happen. This church is arrogant. They come in and buy the property and then try to deprive the other property owners of their historic property rights to use the land as it has been in the past. That particular parcel is unsuited for what the church has planned for it. Bakersfield, California, March 17, 1982 - Page 21 Mayor Shell declared a brief recess at 10:45 P.M. and reconvened the meeting at 10:55 P.M. Mr. James Cusator, 4020 Elton Street (property owner east of the Patterson residence), stated he wanted to go on record in support of Mrs. Patterson's appeal. Mr. Steven Valentich, 101 Denise Avenue (property owner south of the Patterson residence), stated the church has been a good neighbor, but as far as granting a Church Overlay in this area he would have to object because the property owners do not know what would be placed on the property. ~r. Earl Gibbons, representing Calvery Bible Church and John Jacobson Trust (owner of parcel to the north), stated the important thing here is, prior to being annexed into the City it was zoned Recreational Forestry, which permits church or assembly usage. When the church was approached by the City of Bakersfield about annexing into the City they were assured by the Planning Department that like zoning would be granted. The church consented to come into the City on the basis that they would have like zoning. The church is only asking for the zoning they were promised when they annexed into the City. The church began construction of a backstop and as soon as it was pointed out that a Variance was needed they stopped work. Councilman Rockoff stated before this matter goes any further the question about whether or not this parcel of property is affected by the C.C. & R's should be answered. Mr. James Lanier, speaking in favor of the CH zoning, stated the church owned Parcel "C" and was there before the sub- division was Mr. they are not They were developed. Gordon Ellis, member of the Church Council, stated asking for a ball diamond or retirement home tonight. are simply requesting the CH zoning that was promised when they annexed into the City. Bakersfield, California, March 17, 1982 - Page 22 497 No further protests or objections being received, and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Councilman Christensen made a motion to adopt the Negative Declaration and Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located east of Manor Street, between the Kern River and Denise Avenue on the south, find said R-S-2~A-CH-FP-S (Residential-Suburban-Two and One- Half Acre Minimum Lot Size-Church-Floodplain-Secondary) zoning consistent with the General Plan. Councilman Rockoff stated this is a very complex issue and offered a motion to reopen the public hearing and hold over until the next public hearing date of April 21, 1982. The substitute motion failed to carry by the following roll call vote: Ayes: Councilmen Barton, Ratty~ Rockoff Noes: Councilmen Christensen, Means, Payne Absent: Councilman Strong 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 Christensen's motion to adopt the Negative Declaration and Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located east of Manor Street, between the Kern River and Denise Avenue on the south, find said R-S-2~A-CH-FP-S (Residential-Suburban-Two and One-Half Acre Minimum Lot Size-Church-Floodplain-Secondary) zoning consistent with the vote: Ayes: Noes: Absent: Abstaining: General Plan, failed to carry by the following roll call Councilmen Christensen, Means, Councilmen Barton, Ratty Councilman Strong Councilman Rockoff Payne Bakersfield, California, March 17, 1982 - Page 23 City Attorney Oberholzer stated it requires that an ordinance be adopted for the zoning and ordinances require four favorable votes of the Council, therefore, the zoning was not approved. The decision of the Planning Commission has been over- turned and the applicant must reapply if they want to change the zoning. Councilman Means made a motion to reconsider the motion to approve the requested zoning. City Attorney Oberholzer stated the Council can approve the zoning without the CH Zone. In other words it can be zoned R-S-21A-FP-S. Councilman Means' motion to reconsider the motion to approve the requested zoning carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Means, Payne, Ratty, Rockoff Councilman Barton Councilman Strong Councilman Christensen's motion to adopt the Negative Declaration and Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located east of Manor Street, between the Kern River and Denise Avenue on the soutlh, find said R-S-2½A-CH-FP-S (Residential-Suburban-Two and One-Half Acre Minimum Lot Size-Church-Floodplain-Secondary) zoning consiste:~t with the General Plan, failed to carry by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Christensen, Means, Payne Councilmen Barton, Ratty Councilman Strong Councilman Rockoff Councilman Means made a motion that the public portion of the hearing be reopened and the matter reconsidered at the Council Meeting of March 31, 1982. Bakersfield, California, March 17, 1982 - Page 24 499 City Attorney Oberholzer stated that cannot be done. The Council has taken action on the appeal. The hearing was closed and vote was taken on the ordinance to establish zoning, which failed to carry. The Council has not established zoning on the property. The Council can probably continue for further re- consideration the issue of zoning on the property, because it is not zoned. However, the public hearing cannot be reopened without going to public notice. Councilman Means made a motion that the matter of zoning on property located east of Manor Street, between the Kern River and Denise Avenue on the south, be continued until the Council Meeting of March 31, 1982, for further reconsideration. This motion carried by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: Councilman Strong Councilman Christensen made a motion to adjourn the meeting, which £ailed to carry by the following roll call vote: Ayes: Councilman Christensen Noes: Councilmen Barton, Means, Payne, Ratty, Rockoff Absent: Councilmen Strong NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 17.04.040, 17.04.060, 17.04.090, 17.04.120, 17.04.150, 17.04.160, 17.04.290, 17.04.300, 17.04.360, 17.04.390, 17.04.480, 17.04.520, 17.04.560, 17.04.570, 17.04.140, 17.04.190, 17.04.310, 17.04.410, 17.04.530, and 17.04.630; adding Sections 17.04.035, 17.04.155, 17.04.305, 17.04.365, 17.04.462, 17.04.466, 17.04.467, 17.04.468, 17.04.494, 17.04.496, 17.04.535 and 17.04.545; and repealing Sections 17.04.070, 17.04.110, 17.04.610 and 17.04.630 of Chapter 17.04 of the Municipal Code of the City of Bakers- field relative to Definitions--Zoning Plan. 5OO Bakers£ield, California, March 17, 1982 - Page 25 This ordinance updates definitions of terms previously defined and adds new definitions, most prominently "airspace diagonal," "conditional use" and "setback." First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Sections 17.04.040, 17.04.060, 17.04.090, 17.04.120, 17.04.140, 17.04.150, 17.04.160, 17.04.190, 17.04.290, 17.04.300, 17.04.310, 17.04.360, 17.04.390, 17.04.410, 17.04.480, 17.04.520, 17.04.530, 17.04.560, 17.04.570, and 17.04.630; adding Sections 17.04.035,17.04.155, 17.04.305, 17.04.365, 17.04.462, 17.04.466, 17.04.467, 17.04.468, 17.04.494, 17.04.496, 17.04.535 and 17.04.545; and repealing Sections 17.04.070, 17.04.110, 17.04.610 and 17.04.630 of Chapter 17.04 of the Municipal Code of the City of Bakersfield relative to Definitions--Zoning Plan. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.050 of Chapter 17.06 of the Municipal Code of the City of Bakersfield relative to Designation of Zones. This ordinance adds new zone classifications: R-S-5A, R-S-10A, RH, OS, RE, A-20 and AD. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.050 of Chapter 17.06 of the Municipal Code of the City of Bakersfield relative to Designation of Zones. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.08 of the Bakers- field Municipal Code by adding Sec- tion 17.08.125 and Section 17.08.175 and amending Sections 17.08.070, 17.08.130, 17.08.160, Subsection B of Section 17.08.170, Subsections A and C of Section 17.08.180 and Sec- tion 17.08.190 relative to General Provisions. Sections l, 3 and 5 amendments conform to the Uniform Building Code; Section 2 amendment consolidates provisions for front-yard-averaging taken out of the separate zone district Bakersfield, California, March 17, 1982 - Page 26 501 regulations; Section 4 amendment makes designation of such lots the responsibility of the Planning Director; Section 6 amendment establishes standards for sight distances at uncontrolled inter- sections; Section 7 amendment allows additional screening for noise and sight when required by State or City regulations; and Section 8 modifies procedure for conditional zoning. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.08 of the Bakersfield Municipal Code by adding Section 17.08.125 and Section 17.08.175 and amending Sections 17.08.070, 17.08.130, 17.08.160, Subsection B of Section 17.08.170, Subsections A and C of Section 17.08.180 and Section 17.08.190 relative to Genera~/~ovisions. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.10 of the Bakers- field Municipal Code by adding Sub- sections F and G to Section 17.10.020 relative to uses permitted and amending Section 17.10.040 A and Section 17.10.070 relative to front yards and to minimum lot area in R-1 Zone. This ordinance reduces minimum lot size from 7,200 to square feet in R-1 Zone; makes other less significant changes Zone. 6,000 in R-1 First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.10 of the Bakersfield Municipal Code by adding Subsections F and G to Section 17.10.020 relative to uses permitted and amending Section 17.10.040 A and Section 17.10.070 relative to front yards and to minimum lot area in R-1 Zone. First reading o£ an Ordinance o£ the Council of the City of Bakersfield amending Chapter 17.12 of the Bakers- field Municipal Code by amending Sections 17.12.010 and 17.12.030 and adding Sections 17.12.015, 17.12.016, 17.12.040 and 17.12.050 relative to R-S, R-S-1A, R-S-2.5A, R-S-5A and R-S-10A Zones. This ordinance adds R-S-5A and R-S-10A, requires minimum lot size of ½ acre in R-S Zone, makes other less significant changes. 502 Bakersfield, California, March 17, 1982 - Page 27 First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.12 of the Bakersfield Municipal Code by amending Sections 17.12.010 and 17.12.030 and adding Sections 17.12.015, 17.12.016, 17.12.040 and 17.12.050 relative to R-S, R-S-1A, R-S-2.5A, R-S-5A and R-S-10A Zones. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.14 of the Bakers- field Municipal Code by adding Section 17.14.026 and amending Sections 17.14.040 and 17.14.070 relative to R-2 Zone. This ordinance reduces minimum lot size from 7,200 to 6D00 square feet, makes development subject to site plan review process, utilizes concept of airspace diagonal in determining front yard setback in R-2 Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.14 of the Bakersfield Municipal Code by adding Section 17.14.026 and amending Sections 17.14.040 and 17.14.070 relative to R-2 Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.16 of the Bakers- field Municipal Code by adding Section 17.16.026 and amending Sections 17.16.040 and 17.16.070A relative to R-3 Zone. This ordinance reduces minimum lot size from 7,200 to 6,000 square feet, makes development subject to site plan review process, utilizes concept of airspace diagonal in determining front yard setback in R-3 Zone. First reading was considered given an Ordinance o£ the Council of the City of Bakersfield amending Chapter 17.16 of the Bakersfield Municipal Code by adding Section 17.16.026 and amendi~.g Sections 17.16.040 and 17.16.070A relative to R-3 Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.18 of the Bakers- field Municipal Code by adding Section 17.18.026 and amending Sections 17.18.030, 17.18.040 and 17.18.070A relative to R-4 Zone. Bakersfield, California, March 17, 1982 - Page 28 5O3 This ordinance reduces minimum lot size from 7,200 to 6p00 square feet, makes development subject to site plan review process, utilizes concept of airspace diagonal in determining front yard setback, and increases maximum height from 45 to 65 feet (retaining 4 story maximum) in R-4 Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.18 of the Bakersfield Municipal Code by adding Section 17.18.026 and amending Sections 17.18.030, 17.18.040 and 17.18.070A relative to R-4 Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chater 17.19 relative to and establishing RH (Residential Holding) Zone. This ordinance establishes RH (Residential Holding) Zone and regulations for that zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakers-- field Municipal Code by adding Chapter 17.19 relative to and establishing RH (Residential Holding) Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.20 of the Bakers- field Municipal Code by amending Sections 17.20.020, 17.20.030 and 17.20.040 and by adding Section 17.20.035 relative to C-O Zone. This ordinance adds Subsection C to temporary offices in prefabricated structures, and restaurants as uses subject to Conditional maximum height from 45 to 65 feet (retaining 4 makes development subject to site plan review process in C-O Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.20 of the Bakersfield Municipal Code by amending Sections 17.20.020, 17.20.030 and 17.20.040 and by adding Section 17.20.035 relative to C-O Zone. 17.20.020 to allow adds print shops Use Permits, incteas.es story maximum) and 504 Bakersfield, California, March 17, 1982 - Page 29 First reading of an Ordinance o£ the Council of the City of Bakersfield amending Chapter 17.22 of the Bakers- field Municipal Code by amending Sections 17.22.020, 17.22.030 and 17.22.040 and adding Section 17.22.035 relative to C-1 Zone. This ordinance adds bakeries, ice cream parlors, liquor stores, print shops and temporary offices as permitted uses; adds ambulance facilities, antique shops and restaurants with sale of alcoholic beverages, and video game arcades, where such games are primary business conducted on the premises, as uses subject to Conditional Use Permits; increases maximum height from 50 to 65 feet (retains 4 story maximum); makes development subject to site plan review process in C-1 Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.22 of the Bakersfield Municipal Code by amending Sections 17.22.020, and 17.22.040 and adding Section ~7.22.035 relative to C-1 First reading of an Ordinance o~ the Council of the City of Bakersfield amending Chapter 17.24 of the Bakers- field Municipal Code by amending Sections 17.24.020B, 17.24.040 and 17.24.050 and adding Section 17.24.035 relative to C-2 Zone. This ordinance adds car washes, fast food restaurants, hotels and motels and pool sales as permitted uses; adds fence and awning shops and video game arcades, where such games are primary business conducted on the premises; as conditional uses; increases maximum height from 75 to 100 feet; but permits heights up to 160 feet with increases in setbacks; and makes development subject to site plan review process in C-2 Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.24 of the Bakersfield Municipal Code by amending Sections 17.24.020B, 17.24.040 and 17.24.050 and adding Section 17.24.035 relative to C-2 Zone. 17.22.030 Zone. Bakersfield, California, March 17, 1982 - Page 30 5O5 First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter t7.26 of the Bakers- field Municipal Code by adding Section 17.26.027 and repealing Sections 17.26.020 B.3. and 17.26.030 relative to C-C Zone. This ordinance repeals height limit and requirement for review of plans by Planning Commission and subjects development to site plan review process unless plans have been approved by Redevelop- ment Agency, in C-C Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.28 of the Bakersfield Municipal Code by adding Section 17.26.027 and repealing Sections 17.26.020 B.3. and 17.26.030 relative to C-C Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.28 of the Bakers- field Municipal Code by amending Sections 17.28.020B and 17.28.030 and adding Section 17.28.035 relative to M-1 Zone. This ordinance makes manufacturing of auto parts and batteries and tire recapping and retreading subject to Conditional Use Permit (had been permitted uses) and makes development subject to site plan review process, in M-1 Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.28 of the Bakersfield Municipal Code by amending Sections 17.28.020B and 17.28.030 and adding Section 17.28.035 relative to M-1 Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.30 of the Bakers- field Municipal Code by amending Section 17.30.020B and adding Section 17.30.035 relative to M-2 Zone. This ordinance adds, as permitted uses, the uses made subject to Conditional Use Permit in M-1 Zone and makes development subject to site plan review process in M-2 Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.30 of the Bakersfield Municipal Code by amending Section 17.30.020B and adding Section 17.30.035 relative to M-2 Zone. 5O(5 Bakersfield, California, March 17, 1982 - Page 31 First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.32 of the Bakers- field Municipal Code by amending Section 17.32.020D, Section 17.32.030 and Section 17.32.040 relative to A Zone and adding Section 17.32.050 relative to A-20A Zone. This ordinance makes changes in regulations for A (Agricultural) Zone and establishes A-20 Zone subject to same regulations as A Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.32 of the Bakersfield Municipal Code by amending Section 17.32.020D, Section 17.32.030 and Section 17.32.040 relative to A Zone and adding Section 17.32.050 relative to A-20A Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.34 of the Bakers- field Municipal Code by amending Sections 17.34.010, 17.34.020B and 17.34.030 relative to P (Automobile Parking) Zone. This ordinance allows latitute in paving materials, makes other technical changes in standards for parking lot development, makes automobile sales lot use subject to site plan review process and Planning Commission review, in a P (Automobile Parking) Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.34 of the Bakersfield Municipal Code by amending Sections 17.34.010, and 17.34.030 relative to P (Automobile Parking) Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.35 relative to establishing RE (Recreation) Zone. This ordinance establishes RE 'Recreation) Zone and regulations for that zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakers- field Municipal RE (Recreation) 17.34.020B Code by adding Chapter 17.35 relative to establishing Zone. Bakersfield, California, March 17, 1982 - Page 32 50? First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.36.030 of Chapter 17.36 of the Bakersfield Municipal Code relative to CH (Church) Zone. This ordinance requires that development be subject to site plan review process in Class "A" project, substituting site plan review for procedure requiring Planning Commission review similar to old "D-Overlay" process, in CH (Church Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.36.030 of Chapter 17.36 of the Bakersfield ~unicipal Code relative to CH (Church Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.37 relative to and establishing OS (Open Space) Zone. This ordinance establishes OS (Open Space) Zone and regulations for that zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakers- field Municipal Code by adding Chapter 17.37 relative to and establishing OS (Open Space) Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.38.030 of Chapter 17.38 of the Bakersfield Municipal Code relative to HOSP (Hospital) Zone. This ordinance requires that development be subject to site plan review process as Class "A" project, substituting site plan review for procedure requiring Planning Commission review similar to old "D-Overlay" process, in HOSP (Hospital) Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.38.030 of Chapter 17.38 of the Bakersfield Municipal Code relative to HOSP (Hospital) Zone. Bakersfield, California, March 17, 1982 - Page 33 First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.40 of the Bakers- field Municipal Code by adding Section 17.40.040 relative to D (Architectural Design) Zone (Limitation of Application and Coordination with Site Plan Review). This ordinance establishes rules for phasing out of old "D-Overlay" Zone and substitution of site plan review process. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.40 of the Bakersfield Municipal Code by adding Section 17.40.040 relative to D (Architectural Design) Zone (Limitation of Application and Coordination with Site Plan Review). First reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.41 relative to and establishing AD (Architectural Design) Zone. This ordinance establishes AD 'Architectural Design) Zone and regulations for that zone. First reading was considered gzven an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakers- field Municipal Code by adding Chapter 17.41 relative to and establishing AD (Architectural Design) Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.42 of the Bakers- field Municipal Code by amending Sections 17.42.050A, B and C and 17.42.060E and adding Section 17.42.044 relative to FP-P (Floodplain Primary) Zone. This ordinance amends procedures for issuance and revocation of permits for uses in FP-P (Floodplain Primary) Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.42 of the Bakersfield Municipal Code by amending Sections 17.42.050A, B and C and 17.42.060E and adding Section 17.42.044 relative to FP-P (Floodplain Primary) Zone. Bakersfield, California, March 17, 1982 - Page 34 First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.44 of the Bakers- field Municipal Code by amending Section 17.44.050 and adding Section 17.44.045 relative to FP-S (Flood- plain Secondary) Zone. This ordinance amends procedures for issuance and re- vocation of permits for uses in FP-S (Floodplain Secondary) Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.44 of the Bakersfield Municipal Code by amending Section 17.44.050 and adding Section 17.44.045 relative to FP-S (Floodplain Secondary) Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.45 relative to and establishing AA (Air- port Approach) Zone. This ordinance establishes AA (Airport Approach) Zone and regulations for that zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakers- field Municipal Code by adding Chapter 17.45 relative to and establishing AA (Airport Approach) Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.48 of the Bakers- field Municipal Code by amending Sections 17.48.040, 17.48.070 B, C, D and G and adding Section 17.48.090 relative to TT (Travel Trailer Park) Zone. This ordinance ties regulations to State-adopted mandatory standards and makes other technical changes governing TT (Travel Trailer) Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.48 of the Bakersfield Municipal Code by amending Sections 17.48.040, 17.48.070B, C, D and G and adding Section 17.48.090 relative to TT Travel Trailer Park) Zone. Bakersfield, California, March 17, 1982 - Page 35 First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.50 of the Bakers- field Municipal Code by amending Sections 17.50.040, 17.50.080(I) and 17.50.090 relative to MH (Mobilehome) Zone. This ordinance ties regulations to State-adopted mandatory standards and makes other technical changes governing MH (Mobile- home) Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.50 of the Bakersfield Municipal Code by amending Sections 17.50.040, 17.50.080 (I) and 17.50.090 relative to MH (Mobilehome) Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.53 relative to Site Plan Review. This ordinance establishes site plan review process for review of development proposals, replacing "D-Overlay" Zone process, and establishes landscaping standards. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Baker,s- field Municipal Code by adding Chapter 17.53 relative to Site Plan. Review. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.58 of the Bakers- field Municipal Code by amending Sections 17.58.010 and 17.58.020 2., 3., 4., 5. and 12. and adding Section 17.58.020 23.(1) relative to Off-Street Parking. This ordinance increases from 20% to 30% the amount of compact parking allowed in satisfaction of parking requirements and revises some minimum parking standards and requirements. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.58 of the Bakersfield Municipal Code by amending Sections 17.58.010 and 17.58.020 2., 3., 4., 5. and 12. and adding Section 17.58.020 23.(1) relative to Off-Street Parking. Bakersfield, California, March 17, 1982 - Page 36 First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.64 of the Bakers- field Municipal Code by amending Sections 17.64.120B, 17.64.120D, 17.64.130A and 17.64.130D relative to procedure for Zone Changes and Appeals. This ordinance revises procedures to coordinate with revised conditional zoning procedure and provides that only zone changes approved by the Planning Commission shall be presented to the City Council for action without a hearing before the Council. (These changes are recommended by the City Attorney and Planning Director and have not been presented to ZORAC.) First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.64 of the Bakersfield Municipal Code by amending Sections 17.64.120B, 17.64.120D, 17.64.130A and 17.64.130D relative to procedure for Zone Changes and Appeals. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.02.030 of Chapter 17.02 of the Municipal Code of the City of Bakersfield relative to purpose of Zoning Plan. This ordinance revises language to refer to General Plan. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.02.030 of Chapter 17.02 of the Municipal Code of the City of Bakersfield relative to purpose of Zoning Plan. First reading of an Ordinance of the Council of the City of Bakersfield adding Sections 9.18.035 and 9.18.050 to the Municipal Code of the City of Bakersfield relative to recording sales of Narcotic and Drug Paraphernalia. This amendment was prepared at the request of Councilman Barton. The provision requires that operators of stores selling narcotic and drug paraphernalia record the name and address of persons to whom sales are made. Bakersfield, California, March 17, 1982 - Page 37 City Attorney Oberholzer suggested that, in light of a U. S. Supreme Court decision on an Illinois Ordinance, a provision be added to the definition on the sale of Narcotic Paraphernalia to include not only those items designed for the use of narcotics, but also marketed for use with narcotics. Upon a motion by Councilman Barton suggestion of the City Attorney regarding an addition to the ordinance regarding recording sales of Narcotic and Drug Paraphernalia, was approved. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Sections 9.18.035 and 9.18.050 to the Municipal Code of the City of Bakersfield relative to recording sales of Narcotic and Drug Paraphernalia. Adoption of Emergency Ordinance No. 2691 New Series of the Council of the City of Bakersfield amending Sections 10.76.030 A. of the Bakersfield Municipal Code relative to Parade Permit Application. When the Municipal Code was recently amended, the time for filing an application for a Parade Permit was reduced from thirty days before the event to three days before the event. The Police Department and Public Works Department find that applications filed three days before the event do not provide sufficient time to schedule police services, provide for erection of barriers and assign street sweeping crews. Consequently, it is requested that the ordinance be revised back to a filing date of thirty days before the event. Upon a motion by Councilman Barton, Emergency Ordinance No. 2691 New Series of the Council of the City of Bakersfield amending Section 10.76.030 A. of the Bakersfield Municipal Code relative to Parade Permit Application, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Means, Payne, Ratty, None Councilmen Christensen, Strong Rockoff Bakersfield, California, March 17, 1982 - Page 38 513 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 located at the northeast corner of 40th Street and "O" Street and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Roger Grulke and would change subject property from a P.U.D. (Planned Unit Development) Zone, consisting of 44 single-story units, to a P.U.D. (Planned Unit Development) Zone, consisting of 44 townhouse units. The Planning Commission recommended approval of this amendment. 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 located at the northeast corner of 40th Street and "O" Street and making findings in connection with a P.U.D. Zone. Adoption of Resolution No. 25-82 of the City Council making findings on petition and authorizing execution of agreements. (Proposed Assessment District No. 81-1.) Adoption of this resolution sets in motion the process for formation of an Assessment District for construction of water mains, sewer and storm drain lines on property east of South "H" Street and north of Panama Lane. The resolution makes findings that more than 60% of the owners of assessable property have signed a petition requesting City Council initiation of these proceedings. A noticed hearing will eventually be held before final action is taken. All costs are to be paid from proceeds from the bond sale. Property owners have deposited $25,000 to cover interim costs. In no event is the City to be obligated to pay except from deposit and proceeds of bond sale. Adoption of the resolution authorizes 51,'! Bakersfield, California, March 17, 1982 - Page 39 execution o£ Assessment District Reimbursement Agreement, Agreement for Assessment Engineering, Special Counsel Agreement and Agreement for Investment Banking Services (Counsel, Engineer and Banking Consultants have been selected by the property owners). George McFarland, Attorney & Bond Counsel, stated he was present to answer questions of the Council. Upon a motion by Councilman Means, Resolution No. 25-82 of the City Council making findings on petition and authorizing execution of Agreements. (Proposed Assessment District No. 81-1), was adopted by the following roll call vote: Ayes: Councilmen Barton, Means, Payne, Ratty, Rockoff Noes: None Absent: Councilmen Christensen, Strong Adoption of Resolution No. 26-82 of the Council of the City of Bakers- field, State of California, calling a public hearing to determine whether public necessity, health, safety or welfare require formation of an Underground Utility District within designated area This resolution cancels the public hearing originally called for March 17, 1982, and calls a public hearing for April 21, 1982, to determine whether public necessity, health, safety or welfare require formation of Division 7, located along "H" Street, between 15th Street and 17th Street, and Division 8, located in Block 325 directly south of City Hall, of Underground Utility District No. 2. Sufficient time was not allowed to provide notice to the property owners and public utility companies to allow the hearing to be held on date for which it was originally called. Upon a motion by Councilman Barton, Resolution No. 26-82 of the Council of the City of Bakersfield, State of California, calling a public hearing to determine whether public necessity, health, safety or welfare require formation of an Underground Utility District within designated area, was adopted by the follow:[ng roll Ayes Noes Absent: call vote: Councilmen Barton, Means, Payne, None Councilmen Christensen, Strong Ratty, Rockoff Bakersfield, California, March 17, 1982 - Page 40 Adoption of Resolution No. 27-82 of Application of the Council of the City of Bakersfield proposing proceedings for Annexation of territory to the City of Bakersfield, identified as Annexation No. 284 (Amended) (Kern City No. 2). On November 4, 1981, the City Council approved Resolution No. 83-81 for the annexation application of approximately 24.5 acres known as Kern City No. 2 to the Local Agency Formation Commission (LAFCO). Subsequently, further annexation petitions were received by the City for the remaining territory known as Kern City. The City has been informed by LAFCO that the proposed boundaries of Kern City No. 2 may be amended to include the expanded territory. This resolution would approve the request for such an expansion for processing under the original application. Upon a motion by Councilman Means, Resolution No. 27-82 of Application of the Council of the City of Bakersfield proposing proceedings for Annexation of territory to the City of Bakersfield, identified as Annexation No. 284 (Amended) (Kern City No. 2), was adopted by the following roll call vote: Ayes: Councilmen Barton, Means, Payne, Ratty, Rockoff Noes: None Absent: Councilmen Christensen, Strong Approval of Agreement between Tenneco Realty Development Corporation and the City of Bakersfield providing for Tenneco to construct facilities to discharge water from the Mohawk Sump into the Carrier Canal in lieu of discharge into the Kern River. All work is to be at Tenneco's sole expense and they will_ pay the City $15,000, which will offset canal maintenance costs resulting from discharge of water from the sump. Specific plans for the project, approved by Public Works and Agricultural Water Departments, are attached to the executed copies of the agreement as an exhibit. Upon a motion by Councilman Barton, Agreement between Tenneco Realty Development Corporation and City of Bakersfield Bakersfield, California, March 17, 1982 - Page providing for Tenneco to construct facilities to discharge water from the Mohawk Sump into the Carrier Canal in lieu of discharge into the Kern River, was approved and the Mayor was authorized to execute same. Approval of Agreement with the Housing Authority of Kern County to assist in implementing the Section 8 Moderate Rehabilitation Program. The Housing Assistance Plan, as part of the Community Development Block Grant Application, provided that the Community Development staff assist the Housing Authority in implementing the Section 8 Moderate Rehabilitation Program. An agreement between the City and the Housing Authority was executed on October 28, 1981, No. 81-163, to provide inspection services for 37 units. The Housing Authority has submitted a proposal for an additional 49 units and this agreement would implement the program for the addi- tional 49 units, and also provides for a recovery of costs for inspection services. Upon a motion by Councilman Payne, Agreement with the Housing Authority of Kern County to assist in implementing the Section 8 Moderate Rehabilitation Program, was approved and the Mayor was authorized to execute same. Approval of Letter Agreement between the City of Bakersfield and Bell Tower Associates providing for lease from City of storage area for the components of the parking structure to be constructed in conjunction with the Bell Tower Project. The Lessee (Bell Tower) is paying the full market value for rent of the property located at the northeast corner of 21st and "M" Streets. Upon a motion by Councilman Barton, Letter Agreement between the City of Bakersfield and Bell Tower Associates providing for lease from the City of storage area for the components of the parking structure to be constructed in conjunction with the Bell Tower Project, was approved and the Mayor was authorized to execute Bakersfield, California, March 17, 1982 - Page 42 same. Councilman Payne indicated to the Clerk that he abstained from voting on this matter. Approval of Agreements with California Water Service Company for upgrading existing fire systems at six (6) locations within the Lowell Addition 'Census Tract 20), Phase 3. In an effort to upgrade existing fire systems within the Lowell Addition funds were designated in the 1981-82 Community Development Block Grant Application to complete these improvements. These agreements will enable California Water to extend the fire systems in the following locations: Alley south of California Avenue between "R" and "S" Streets ($13,589). Alley between "N" and "O" Streets from 8th to 9th Streets ($21,152). 3. 10th Street east of "T" Street, and "T" Street south of 10th Street ($14,758). 4. Pershing Street between 8th and 10th Streets ($30,262). 5. "P" Street south of 2nd Street ($9,418). 6. 2nd Street between Donna Avenue and "U" Street ($11,718). Because upgrading is to be made to California Water's system, as in Phases i and 2, it is requested that the normal bidding procedures be waived. The Engineer's estimates for all the improvements total $100,897, which is within the amount allocated. Upon a motion by Councilman Rockoff, usual bidding requirements were dispensed with and Agreements with California Water Service Company for upgrading existing fire systems at six locations within the Lowell Addition (Census Tract 20), Phase 3, were approved and the Mayor was authorized to execute same. Approval of Amendment to Agreement No. 81-123 with the Kern County Housing Authority providing financial assistance for reconstruction of the sewerline at Adelante Vista Housing Project. Bakersfield, California, March 17, 1982 - Page 43 The City Council entered into an agreement with the Ker~ County Housing Authority on August 12, 1981, to provide Community Development Block Grant Funds for reconstruction of a sewerline at the Adelante Vista Housing Project located on the southeast corner of East California Avenue and Lakeview Avenue. The Block Grant Funds designated for this project are $50,000 ($45,000 construction costs and $5,000 contingencies), with the completion date scheduled for December 31, 1981. Due to design problems, and the cost of the project will be higher than originally anticipated, the Housing Authority has been unable to complete the project within the designated time. The estimated completion date is now set for June 30, 1982, requiring Council action for an extension of time on the contract. A previously completed project with the Housing Authority, Agreement No. 81-34 for the Plaza Tower Sewerline Relocation, resulted in a savings of $25,711.84. The Housing Authority intends to phase the work on the Adelante Project utilizing the savings on the Plaza Towers Project. It is expected that the total funds available will be sufficient to complete Phase I of the project. The total cost of the project will be increased from $45,000 to $68,111.84. No. Upon a motion by Councilman Means, Amendment to Agreement 81-123 with the Kern County Housing Authority providing financial assistance for reconstruction Housing Project, was approved execute same. of the sewerline at Adelante Vista and the Mayor was authorized to Referral of Commercial Rehabilitation Program. Based on comments and suggestions received during a Council Workshop on February 10, 1982, and input received from various private agencies, the final draft of the Commercial Rehabilitation Program has been completed. Specific responses to 519 Bakersfield, California, March 17, 1982 - Page 44 various questions raised are enclosed in the report. Council is being requested to approve final draft so that negotiations with a participating lender can begin. Councilman Payne made a motion to approve the Commercial Rehabilitation Program. Councilman Rockoff offered a substitute motion that the Commercial Rehabilitation Program be referred to the Business Development and Parking Committee for report back to the Council. This motion was unanimously approved. Denial of Application by Robert King for a Zone Change from a P.U.D. (Planned Unit Development), to a Revised P.U.D. (Planned Unit Develop- ment), on that certain property in the City of Bakersfield located on the northeast corner of Wilson and Planz Roads. The Planning Commission, at their February 18, 1982, meeting was of the opinion the requeste~ re~onTng of subject property to a P.U.D., consisting of 64 townhouse units, would not be compatible with the adjacent R-1 properties. Petitions, containing 126 signatures, were submitted indicating opposition. Several residents submitted opposing testimony at the public hearing. The applicant did not appeal the decision of the Planning Commission. Upon a motion by Councilman Payne, application by Robert King for a zone change from a P.U.D. (Planned Unit Development), to a Revised P.U.D. (Planned Unit Development), on that certain property in the City of Bakersfield located on of Wilson and Planz Roads, was denied by the the northeast corner following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Means, Payne, None Councilmen Christensen, Strong Ratty, Rockoff Bakersfield, California, March 17, 1982 - Page 45 April 21, 1982, set for hearing on Proposed Rate Increase for Bakers- field Municipal Water System - Ashe Division. This action will set April 21, 1982, at 8:00 P.M., in the Council Chambers of City Hall as the time and place for hearing any protests or objections to a proposed rate increase to all water customers within the Municipal Water System, Ashe Division. Notice of the hearing shall be published and mailed to the customers of the system. 8:00 P.M., place set Municipal Water System - Ashe Division. ADJOURNMENT There being no further business to Council, upon a motioff by Councilman Means, adjourned at 12:20 A.M. Upon a motion by Co'uncilman Barton, April in the Council Chambers of City Hall was for hearing on Proposed Rate Increase 21, 1982, at the time and for the Bakersfield come before the the meeting was MAYOR City of Bakersfield, Calif. ATTEST: CIT d ficio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, March 31, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., March 31, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and In'vocation by Reverend Gary Bashor of the Calvary Baptist Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Christensen, Means, Payne, Ratty, Absent: None Rockoff, Strong, Barton Minutes of the regular meeting of March 3 and 17, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Curtis Darling, Attorney representing the Kern County Historical Society, requested that they be deemed the agency to designate historical sites within the City of Bakersfield. Upon a motion by Councilman Ratty, the matter of appointing the Kern County Historical Society as the agency to designate historical sites within the City of Bakersfield, was referred to staff for study and report back to the Council within one month. Mr. Jimmy Sanchez, 909 - llth Street, Wasco, California, invited the Mayor and Council to attend a conference on Ending Barrio Warfare to be held April 3, 1982, at Bakersfield College Indoor Theater from 10:00 A.M. to 5:00 P.M. CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from Marion E. Malamma, dated March 22, 1982, submitting his resignation from the Business Tax Appeals Board, effective immediately, was received, his resignation accepted and the Mayor was requested to send a letter of appreciation for his service to the City. Upon a motion by Councilman Christensen, communication from the Society for Crippled Children and Adults of Kern County, 610 - 4th Street, dated March 22, 1982, regarding trade of property Bakersfield, California, March 31, 1982 - Page 2 with the City for the Senior Citizens Center, was received and referred to the City Attorney. Upon a motion by Councilman Rockoff, communication from Newpark Resources, Inc., 2900 Ridgelake Drive, Metairie, Louisiana, dated March 22, 1982, seeking an Inducement Resolution relating to Industrial Revenue Bond financing of a proposed Bakersfield facility, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Payne, communication from the City of Richmond, dated March ll, 1982, urging adoption of a resolution requesting State Legislators to support a bill requiring stricter driving requirements and penalties for Class I drivers, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from Martin-Mcintosh, Land Surveying and Civil Engineering, on behalf of Dr. & Mrs. Sunil R. Lahiri, requesting continuance of considera- tion of their request for an amendment to the General Plan for property located on Planz Road near Union Avenue, was received and referred to the Planning Commission. COUNCIL STATEMENTS Upon a motion by Councilman Payne, the further recon- sideration of the matter of zoning of property located east o£ Manor Street between the Kern River and Denise Avenue on the south, was moved forward on the Agenda and will be considered immediately following the Consent Calendar rather than the last item under Deferred Business. Mr. Marvin Dean requested that the Council adopt an Inducement Resolution for Revenue Bonds to finance a multi-family rental housing development in Census Tract 22. Adoption of Resolution No. 28-82 of the Council of the City of Bakers- field expressing its intention to provide financing for the acquisition, construction and equipping of a multi- family rental housing development to be known as Lakeview Square Project to be located in Bakersfield, California. Bakersfield, California, March 31, 1982 - Page 3 3 Upon a motion by Councilman Means, Resolution No. 28-82 of the Council of the City of Bakersfield expressing its intention to provide financing for the acquisition, construction and equipping of a multi-family rental housing development to be known as Lake- view Square Project to be located in Bakersfield, California, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Councilman Means made a motion that the Council go on record in support of Senate Bill ~626 (by Senator Marks) that would apply the Brown Act to committee meetings and open them to the public. Councilman Ratty expressed his opposition to SB 1626 and stated the League of California Cities does not support it because it would make the operations of City government difficult for Councils. During discussion Councilman Means withdrew his motion and offered another motion that the staff be requested to prepare a brief summary of the pros and cons of SB 1626 and place on the Agenda for the Council Meeting of April 14, 1982. Councilman Strong offered a substitute motion that the staff be requested to prepare a brief summary on the pros and cons of SB 1626 and present to the Council whenever all the necessary information has been received. After discussion the substitute motion carried by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong Noes: Councilmen Means, Barton Absent: None Abstaining: Councilman Christensen Councilman Means requested that staff furnish him with a brief summary of the pros and cons of SB 1626 prior to the next Council Meeting. Bakersfield, California, March 31, 1982 - Page 4 Mayor Shell stated that at the next Council Meeting she will nominate Mr. Randall R. Richardson, 3108 Marnie Lane, to fill the unexpired term of Dr. Glenn D. Puder on the Redevelopment Agency. REPORTS Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 4-82 regarding Landfill Gas Conversion System, as follows: On March 17, 1982, the City Council received correspondence from Cambrian Energy Systems, Inc., proposing a landfill gas conversion system for the City of Bakersfield's landfill site. The Council referred the matter to the Budget Review and Finance Committee for study and recommendation. In a meeting with staff to review and discuss this proposal, the Public Works Director advised this Committee of a similar proposal from Getty Synthetic Fuels originally presented to the Solid Waste Management Advisory Committee. In addition to the two proposals, this Committee reviewed a report prepared for the County of Kern, Department of Public Works, by SCS Engineers. Prior to the report and recommendations of SCS Engineers, the State Solid Waste Management Board submitted a report on their investigation of the landfill site on November 20, 1981. The report determined that concentrations of methane were present in the subsurface soils located near Panorama Drive. The area north of Panorama Drive containsash residue from earlier open- dumping and burning practices. The report speculated the ash material might be a source of methane. Also, the ash could serve as a conduit for landfill gas to migrate towards the southern perimeter of the landfill. The County requested SCS to further investigate the role of the ash deposits and to recommend a program for addressing the larger issue for landfill gas migration over the entire southerly perimeter of the landfill. The report from SCS Engineers, dated February 16, 1982, to the County of Kern, Department of Public Works, contained a three step recommendation: 1. Step 1 - Design and install permanent monitoring system - Estimated cost $10,500. Step 2 - Investigate removal of ash deposit Estimated cost $9,500. 3. Step 3 - Design permanent landfill gas migration control system - Estimated cost $20,000. Bakersfield, California, March 31, 1982 - Page 5 The proposals received by the City from Cambrian Energy Systems and Getty Synthetic Fuels were both similar, and not only addressed the issue of landfill gas in the southerly perimeter of the landfill, but proposed a recovery system for the entire landfill site. It should be noted that SCS's recommendation addressed the southern perimeter of the landfill only. Under the proposals, the first step necessary would be to drill and install test wells at an overall cost of $250,000. This cost would not be borne by the City, rather, by the company awarded the contract to recover the landfill gas. This Committee noted the proposals include all costs, i.e., testing, prepare feasibility, design, construct, operate, arrange for the sale of the gas, and the owner (City of Bakersfield) would receive a royalty of one-eighth (1/8) of the gross. It would be necessary for the City to provide free access to the landfill site. Completion of the recovery system is estimated to take from 15 to 24 months, with the potential of the landfill site generating gas for 20 years. This Committee believes that the City should pursue the establishment of a permanent landfill gas conversion system. Since the County is responsible for operating the landfill pursuant to Agreement No. 74-99, the County has the responsibility of reducing any potential hazard from methane gas. In relieving that hazard, the County may establish a temporary gas recovery system. However, since Agreement No. 74-99 expires in January, 1985, any recovery system located on the property without the City's con- sent would become the property of the City of Bakersfield on January l, 1985. Therefore, it is recommended that the City Council direct staff to develop a Request for Proposal for a permanent landfill gas conversion system as soon as possible. In order to ascertain that the RFP contains all appropriate contractural arrangements as well as appropriate royalty pay- ments to the City, we believe it to be important for staff to contact other municipalities or organizations where contracts exist for the recovery of landfill gas. Further, we recommend that the City Council direct correspondence to the Board of Supervisors to advise them that the City intends to install a permanent gas conversion system, and that the County should not proceed with any more effort than that which is necessary to alleviate any present hazards from the methane gas. Councilman Rockoff made a motion that Budget Review and Finance Committee Report No. 4-82 regarding Landfill Gas conversion System, be accepted; and recommendations as outlined in the report approved. Bakersfield, California, March 31, 1982 - Page 6 City Attorney Oberholzer stated the termination o£ the lease is January 1, 1985, or whenever the landfill is completely full, which is projected to be sometime in 1985. Councilman Christensen stated he did not have a chance to study the new draft of the report and requested the motion be deferred until later in the meeting. Councilman Rockoff withdrew his motion. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 5-82 regarding Neighborhood Watch Program, as follows: Recently, the City Council received a report from the Bakersfield Crime Commission. The City Council referred the report to the Police Chief for study and recommendation. Pursuant to Council's direction, the Police Chief returned to the City Council with a report and the suggestion of a Neighborhood Watch Program was referred to the Budget Review and Finance Committee. This Committee has met with members of staff including the Police Chief. In our discussions, it was noted that the Police Department Community Relations Program included a Neighborhood Watch Program, and for 1981, the department conducted 59 programs. The 1981 programs were conducted by sworn personnel on off-duty time requiring approximately 2.5 hours for each program. The personnel cost for each program was approximately $45.O0. The possible use of nonsworn personnel in the program was discussed, however, this Committee concurs with the Police Chief in that nonsworn personnel lack expertise in addressing legal questions, experience in the commission and investigation of crimes, etc. Also, it was felt a uniformed officer would have a positive impact on the program. Pursuant to this dis- cussion, the Police Chief recommended the use of members of the Bakersfield Police Reserve for the Neighborhood Watch Program. This Committee concurs with the recommendation of the Police Chief. The use of Reserve Police Officers would eliminate the potential draw- back of nonsworn personnel, as the Reserves have the appropriate expertise and experience in addition to having received training in the Police Academy. Additionally, the Police Reserve are uniformed. This Committee also concluded that it would be beneficial and pro- vide a strong incentive to the Reserve Unit to pay the Reserves $30.00 per program. The estimated cost for the balance of this fiscal Bakersfield, California, March 31, 1982 - Page 7 year is $1,000, however, there will be savings recognized by the reduction of overtime that would be necessary to continue with sworn personnel. Therefore, this Committee recommends the City Council approve the recommendations contained herein and direct the Police Chief to proceed with the Neighborhood Watch Program. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 5-82 regarding Neighborhood Watch Program, was accepted; recommendations as outlined in the report were approved; and the Police Chief was directed to proceed with the Neighborhood Watch Program. Adoption of Resolution No. 29-82 of the Council of the City of Bakers- field declaring the month of April, 1982, Neighborhood Watch Month. Upon a motion by Councilman Payne, Resolution No. 29-82 of the Council of the City of Bakersfield declaring the month of April, 1982, Neighborhood Watch Month, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 4-82 regarding Landfill Gas Conversion System, was accepted; and recommendations as outlined in the report, were approved. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 2-82 regarding Review and Recommendation for Action on Commercial Rehabilitation Program, as follows: Introduction At the March 17, 1982, meeting of the City Council, the final draft of the Commercial Rehabilitation Program was formally submitted with a request for action. Its final form was determined by suggestions from Council members at the February 10, 1982 Workshop, and input 8 Bakersfield, California, March 31, 1982 - Page 8 from numerous private agencies. On March 17, the submission was referred to this Committee for discussion and review with staff. The Program, as it is designed now, will provide incentives for businesses to invest in aesthetic improvements, building expansion or reuse, and/ or health and safety related repairs. The Program provides for a range of assistance that should address most needs in the older commercial areas of the City. Careful evaluation of each application, using the weighted criterion established within the review process, should prevent a "shotgun" approach and we feel will result in a substantial impact on the appearance of the commercial areas. The added emphasis on employment creation is in keeping with the over- all goals of maintaining and improving the economic situation in the area. This Program is an integral part of the overall redevelopment strategy and a major element in the Redevelop- ment Plan. Conclusion and Recommendation It is the opinion of this Committee that the Program, as outlined, will adequately address the needs of the older commercial areas of the City. Further, all possible efforts have been made to avoid spreading the funds too thin, which would result in minimal impact on the situation. It is the recommendation of the Business Development and Parking Committee, after careful review and consideration, that the Program be adopted with the stipulation that funds not be disbursed for any project in the downtown prior to the completion of the Redevelopment Plan for that area. This will not affect any project in the other commercial target areas-Baker Street and Lakeview. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 2-82 regarding Review and Recom- mendation for Action on Commercial Rehabilitation Program, was accepted; and the Commercial Rehabilitation Program, was adopted with the stipulation that funds not be disbursed for any project in the downtown area prior to completion of the Redevelopment Plan for that area. Adoption of Resolution No. 30-82 of the Council of the City of Bakers- field for the adoption of the Commercial Revitalization Program for certain commercial areas of the City of Bakersfield. Bakersfield, California, March 31, 1982 - Page 9 Upon a motion by Councilman Barton, Resolution No. 30-82 of the Council of the City of Bakersfield for the adoption of the Commercial Revitalization Program for certain commercial areas of the City of Bakersfield, was adopted by the following roll call vote Ayes Councilmen Christensen, Means, Payne, Strong, Barton Ratty, Rockoff, Noes: None Absent: None Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 3-82 regarding Use of Tax Exempt Bonds and Formation of an Industrial Development Authority for the City of Bakersfield, as follows: This Committee has reviewed and discussed the issues and implications surrounding the use of tax exempt financing for industrial and other types of development projects within the City of Bakersfield. There are many implications, benefits, and requirements relating to the use of this financing mechanism. After much discussion with staff and businessmen regarding the use of and the value of tax exempt financing, this Committee has come to the con- clusion that the benefits derived from the use of these resources will have a positive effect upon the health of the community and upon the general economic welfare of the City. It is our opinion that if properly used, these mechanisms can encourage and induce growth in the industrial sector of our community and will work to create jobs and durable goods for the City of Bakersfield. As a result of discussions with several small companies seeking assistance through the use of tax exempt financing, this Committee has concluded that it is difficult for small and medium companies to acquire working capital, in today's market place for expansion or re- location of their facilities, and it is equally difficult for them to compete with large companies in raising debt for expansion and relocation. We, therefore, feel the use of this mechanism is appropriate and should be made available to qualifying companies as an alternative method of financing under the following conditions: When the issuance of these bonds or notes, will result in the attraction of new job intensive industry. 10 Bakersfield, California, March 31, 1982 - Page 10 o When the issue of the bonds or notes will result in saving existing jobs through the expansion, upgrading, or moderization of an existing business or company. When the issuance of these bonds or notes will result in creating a substantial number of jobs that might be targeted for economically or educationally disadvantaged groups. When the issuance of these bonds or notes will induce or encourage or allow a sector of our community that has not experienced growth, to be benefited in such a manner. When the issuance of these bonds and notes will result in the reuse of an existing structure that has either architectural or historical significance, or represents a significant and important part of any area that has otherwise not enjoyed the general expansion and growth of other areas within the community. As of January 1, 1982, all cities wishing to issue tax exempt bonds or notes regardless of whether they are a Charter or General Law City, must have within the community, an Industrial Development Authority. This Authority will act as a reviewing agency for proposed tax exempt bonds or note issues and will then function as a recommending body to the California Industrial Development Financing Advisory Commission. The State Commission will act as a reviewing agency for each issue and will make recommendations as to the appropriateness of a given issue based on the requirement contained within the California Industrial Development Financing Act. It is the recommendations of this Committee that the City Council consider this report as first reading of the attached ordinance establishing the City Council as the Industrial Development Authority within the City. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 3-82 regarding Use of Tax Exempt Bonds and Formation of an Industrial Development Authority for the City of Bakersfield, was accepted. First reading of an Ordinance of the City of Bakersfield, California, declaring the need for an Industrial Development Authority to function in said City, and declaring the City Council of said City to be said Authority. First reading was considered given an Ordinance of the City of Bakersfield, California, declaring the need for an Industrial Bakersfield, California, March 31, 1982 - Page 11 Development Authority to function in said City, and declaring the City Council of said City to be said Authority. Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 4-82 regarding Annexation Policy, as follows: At a recent workshop of the City Council, the Council reviewed various aspects, problems, and costs involved in processing over forty requests for annexation comprising more than 7,500 acres. Staff pointed out the need for guidance and establishment of policies and priorities by the City Council. At the ensuing Council Meeting the matter of annexations was referred to the Water and City Growth Committee for study and recom- mendation. The Committee has met and discussed how the City has grown around several areas which were developed in the County. Where County islands exist there are many instances of duplication of services. Delivering fire and police protection, refuse collection, etc., under the single jurisdiction of the City would be a more efficient and economic approach to public service. The costs and revenues would be shifted from the County to the City giving the constituents a good level of service at a less overall cost in most cases. It was recognized that the County islands have remained in existence for a variety of reasons in the past. In spite of the benefits of annexation, some residents might continue to choose County jurisdiction unless the City takes the initiative and makes an effort to contact them and discuss the pros and cons of annexation. This would require someone's full-time attention for a number of months. We also considered continued growth of the City, not only through development of land already within the City, but also through annexations of undeveloped properties adjacent to the City. Most requests for annexation are this type. Another concern is that the City itself owns property outside its corporate limits and pays approximately $13,000 of taxes on waterways and related facilities. Some annexation requests are for land north of the Kern River and some are for annexations south of the Arvin-Edison Canal. For the most part, both of these boundaries have previously been considered limits of City expansion. The Committee is cautious in endorsing City growth past these boundaries without very careful analysis and consideration. Also noted was the potential work load and costs which result from the processing of pending Bakersfield, California, March 31, 1982 - Page 12 annexation requests. These costs vary from $1,200 to $3,800, on a case by case basis, depending on the land area involved and com- plexity of the case. It is difficult to assess and collect the costs of annexing large in- habited areas involving many parcels and owners. However, costs of proposals to annex and develop large undeveloped parcels are more easily identified. In consideration of the above factors, this Committee recommends the following: The City initiate an aggressive program of annexing inhabited County Islands or other areas. Utilizing the cost-revenue model, Planning Department staff should begin analysis of the cost, revenues, and benefits of each such area, Direct staff to prepare a draft contract to permit a qualified person to contact residents in County Islands. The draft contract for this service will come back to Council for review and approval. The City annex areas that provide for the contiguous growth to the City in accordance with the General Plan. The Ciiy pursue annexation of City-owned properties, where practical, to reduce the annual property taxes paid by the City. Annexation requests for properties north of the Kern River and south of the Arvin-Edison Canal will be considered by the City Council only after thorough analysis has been done using the cost-revenue model. All processing fees for annexation will be borne by the applicant. The City will pay for processing of annexations of Inhabited Islands within City boundaries pursued or required by the City. Staff is to prepare a draft resolution for City Council con- sideration containing a schedule of fees as follows: Minor Boundary Changes $1,200-1,399. Under l0 Acres 1,400 ll - 20 Acres 1,900 21 - 60 Acres 2,100 61 - 100 Acres 2,200 101 - 660 Acres 2,300 661 - 1,500 Acres 2,850 1,501 - 3,000 Acres 3,100 3,001 - 6,000 Acres 3,300 Over 6,000 Acres 3,800 *Varies because of State Board of Equalization fees. Other factors to be considered in the City's pursuit of areas for annexation are the condition of existing public improvements and need for additional public improvements. Bakersfield, California, March 31, 1982 - Page 13 Any landowner desiring annexation of his/ her property to the City must submit a complete description and schedule of development for the purpose of determining the cost-revenue ratio. The Committee recommends that the Council receive this report and approve the recom- mendations herein. Councilman Ratty made a motion that Water and City Growth Committee Report No. 4-82 regarding Annexation Policy, be accepted and recommendations as outlined in the report approved. Councilman Rockoff requested that the report be amended to make it clear that annexation of Inhabited Islands, even if requested by the property owners, be exempt from annexation fees. Upon a motion by Councilman Ratty, Water and City Growth Committee Report No. 4-82, as amended, regarding Annexation Policy, was accepted; and recommendations as outlined in the report, were approved. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 3-82 regarding Recreation Budget for 1982-83, as follows: The City Council Auditorium-Recreation Committee met to review the proposed Recreation Budget for the 1982-83 fiscal year. Each year, the budget is submitted prior to the regular budget hearings in order that recruitment of personnel for the summer programs may begin immediately. The Recreation Budget is divided into four major activities: (1) Aquatics; (2) Sports; (3) Parks and Playgrounds; and (4) California Avenue Park Neighborhood Facility. The proposed budget totals $645,270 and when compared to the 1981- 82 Budget, reflects a decrease of $10,765. The following is a summary of the major changes in the proposed budget of each major activity compared to the prior year. AQUATICS The proposed Aquatics Budget for 1982-83 totals $127,915. The Aquatics Program reflects a change whereby the swim classes will be reduced in size to provide instruction on a l0 to 1 ratio, rather than a 15 to 1 ratio. It was noted that a reduction in the size of each class was necessary to increase the number of participants successfully passing the class. 14 Bakersfield, California, March 31, 1982 - Page 14 The large classes was resulting in a high per- centage of participants failing to successfully complete the class. In order to continue to provide instruction classes to an equal or greater number of participants, the total number of classes will be increased accordingly. Additionally, the purchase of cardiopulmonary resusitation (CPR) equipment is proposed. The CPR equipment is necessary to provide mandatory training to Aquatics personnel. In prior years, the Recreation Department had arranged to borrow the necessary CPR equipment, however, the equip- ment is no longer available. Also, while CPR training is not mandatory for Parks and Play- grounds personnel, staff does propose to provide such training. SPORTS The proposed Sports Budget totals $124,615. The proposed Sports Program reflects a change in the Tennis Instruction Program whereby instruction will be provided on a contract basis. Staff feels the Recreation Leader III hourly rate (amount paid Tennis Instructors) is not sufficient to obtain qualified instructors. While this type of program will require a higher fee for the participants, the level o£ instruction will be increased. This Committee felt the current level of tennis instruction should be maintained for those participants not wishing to enroll in the other program. Sufficient funding is included in the Sports Budget to maintain a satisfactory portion of the existing Tennis Program. PARKS AND PLAYGROUNDS The proposed Parks and Playgrounds Budget totals $126,665. A notable enhancement of the Parks and Playgrounds Program was a result of a review and evaluation of the Parks and Playground hours. The review of the hours at City playgrounds indicated a reduction in hours at some parks was warranted. Such being the case, staff proposes to increase the Parks and Playgrounds Program from eight weeks to nine weeks while still reflecting a reduction in temporary salaries. CALIFRONIA AVENUE PARK NEIGHBORHOOD FACILITY The proposed budget for the California Avenue Facility is $266,075. Substantial increases are noted for both electricty and gas, however, much o£ the increases are a result of the facility being opened seven days a week, rather than five and a half days as in the past as well as increased rates. The elimination of the Custodial Service Allocation is a result of the Council's approval of the Citizens Committee recommendation to place custodial services under the direction of the Neighbor- hood Facility rather than the General Services Bakersfield, California, ~arch 31, 1982 - Page 15 of the Public Works Department. This Committee also noted the proposed purchases for exercise equipment and rubber matting includes the second half of equipment purchases approved in the 1981-82 Budget. In conclusion, this Committee concurs with staff requests as enumerated in the proposed Recreation Budget and as highlighted in this report. There- fore, this Committee recommends adoption of the Proposed Budget for the 1982-83 fiscal year. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 3-82 regarding Recreation Budget for 1982-83, was accepted; and Proposed Recreation Budget for Fiscal Year 1982-83, was approved. City Manager Kelmar reported on the Sill Parking Lot and Parking Lease Revenue Bonds, as follows: Recognizing the parking problems in the down- town area the Council, in 1979, requested the Redevelopment Agency to study the situation. The Redevelopment Agency hired Quad Consultants to perform the Parking Study. In May, 1979, the Parking Study was submitted to the Rede- velopment Agency. Basically, Quad Consultants concluded there was an approximate deficiency of a little over 1,200 parking spaces in the central business district. In the Study the area was divided into four quadrants and the quadrant containing the Sill Parking Lot re- presented a deficiency of approximately 414 parking spaces. In July, 1979, the Business Development and Parking Committee reported to the Council a number of recommendations regarding the parking problem in the downtown area. One of the recom- mendations was that the Redevelopment Agency consider this lot as a project and attempt to acquire the property. At approximately the same time the Redevelop- ment Agency entered into an agreement with a full commitment of its resources for the Downtown Shopping Center. As a result no action occurred regarding the recommendation on the Sill Parking Lot. Last fall, subsequent to the shopping center not materializing, Mr. Sil~ was asked if he would seriously consider any proposals from the City for acquisition or lease of the lot. ~r. Si~l indicated he would give it serious consideration. Subsequent to that the City's Financial Consultants were requested to prepare proposals and they were presented to Mr. Sill. A few weeks ago Mr. Sill responded to the Redevelopment Agency agreeing to sell the lot to the City and stipulated a price. 16 Bakersfield, California, March 31, 1982 - Page 16 Subsequent to that the Agency authorized an appraisal of the property, which is presently underway. This property is very critical as far as the businesses on the west side of Chester Avenue are concerned. The Council has been very concerned about Penney's staying downtown and they recently announced a modernization of their downtown store. They are making a commitment to downtown and as a result it is vital that the City also make a commitment to them in terms of consideration of the acquisition of this property and placing a parking structure on it. In addition, the Brower Building has been modernized and they are having problems leasing it due to lack of parking. A parking structure on this lot might entice some developer to do something with the Padre Hotel. One of the problems in rehabilitating the Padre Hotel is lack of parking. The plan, basically, is for the Redevelopment Agency to acquire the lot on a cash basis and, hopefully, issue Parking Lease Revenue Bonds for construction of an additional 125-135 parking space on that lot. The reason behind that type of program is, basically, through the use of Lease Revenue Bonds there is a limitation of only 25% of the parking space to be leased on a long-term basis. If the Agency acquires the lot for cash and issue bonds for construction of the parking garage, conceivably, 110-115 parking spaces could be leased to assist anyone interested in redeveloping new projects or changes in use of property which requires additional parking. At this point it would not be appropriate for the Agency to acquire the land without an expression of intent on the part of the Council to support a Parking Lease Revenue Bond. The consultants feel the City has the ability to sell, possibly, a 10-year Parking Lease Revenue Bond and obtain about a 9% interest rate. The resources of the Agency enable them to issue an even shorter issue than normal and in today's market obtain a favorable interest rate. It is very important that the Council give consideration to this project. It is very vital for the west side of Chester Avenue. Councilman Payne stated that due to a real or imaginary conflict of interest he would abstain from participating in this matter. Bakersfield, California, March 31, 1982 - Page 17 Upon a motion by Councilman Christensen, the Council went on record in support of the purchase of the Sill Parking Lot located on the northwest corner of 18th and Eye Streets and concept of the issue of Parking Lease Revenue Bonds for construction of a parking structure at that location. Councilman Payne abstained from voting on this matter. City Manager Kelmar stated earlier this week material was distributed regarding a Proposed Memorandum of Understanding the Kern County Water Agency is proposing regarding the Zone of Benefit No. 1 Study and some of the actions that occurred at the last Board Meeting of the Water Agency regarding the study. At this point in time direction and policy is needed from the Council regarding whether or not to enter into a Memorandum of Understandir~g and how involved the Council wants to be in the future of the study. It is only fair to the Agency that the Council be on record in terms of where they stand, so they are not waiting for further actions from the Council. Councilman Ratty made a motion that the City not partici- pate any further in the Zone of Benefit No. 1 Study. This motion was unanimously approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5015 to 5363, inclusive, in the amount of $695,015.22. (b) Claim for Damages and Personal Injuries from Ramundo and Sandra Sanchez, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Barbara Engleman, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Wayne Scott Brandenburg, 120 Suzanne, Bakersfield. (Refer to City Attorney) (e) Claim for Personal Injuries from Robert W. Minear and Grace Mary Minear, 1921 Foster Avenue, Ventura, California. (Refer to City Attorney) Bakersfield, California, March 31, 1982 - Page 18 (d), (e), (f) (g) (h) (J) (k) (i) (m) Upon (f), Street Right-of-Way Deed from Sill Properties for Riverside Drive, as required by the Planning Commission for E-Z 8 Motel, located north of 24th Street, east of Pierce Road. Application for Encroachment Permit from Larry Owens, 400 "T" Street, for construction of a 4 foot high chain link fence along back of sidewalk at northeast corner of 4th and "T" Streets. Application for Encroachment Permit from Lovie D. Johnson, 4412 Park Circle Drive, for construction of a 4 foot high masonry and wrought iron fence along back of side- walk at northwest corner of 11th and "P" Streets. Application for Encroachment Permit from Leo Preston, 1529 "F" Street, for con- struction of a wheelchair ramp for entrance into building at 1529 "F" Street. Application for Encroachment Permit from William H. Stewart, 3617 Canadian Street, for construction of a 3 foot high block wall on sideyard, 6 foot high chain link fence with gate and covered carport with support posts all behind sidewalk area per Board of Zoning Adjustment modification conditions. Plans and Specifications for Traffic Signal Systems and Street Modifications at Auburn and Oswell Streets, Wilson and Real Roads, Stockdale Highway and California Avenue, and California Avenue and Oak Street. Resolution of Intention No. 954 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of the East/West Alley between "M" Street and "N" Street within Block 6 of the Lowell Addition in the City of Bakersfield, and setting Wesnesday, April 21, 1982, for hearing on the matter before the Council. Contract Change Order No. 1 to Contract No. 81-168 with Madonna Construction Company for curbs and gutters in the Lowell Addition, Phase II. This Change Order, in the amount of $5,461.60, pro- vides additional asphalt concrete to tie-in curb and gutter. This was necessary due to the older, more deteriorated condition of some streets, which caused removals to be greater than anticipated. Sufficient funds are available from Community Development for the changes. a motion by Councilman Means, Items (a), (g), (h), (i), (j), (k), (1) and (m) of (b), (c), the Consent Bakersfield, California, March 31, 1982 - Page 19 Ayes: Noes: Absent: Councilmen Christensen, Means, Strong, Barton Calendar, were adopted by the following roll call vote: Payne, Ratty, Rockoff, None None DEFERRED BUSINESS Adoption of Ordinance No. 2692 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by zoning those certain properties in the City of Bakersfield located east of Manor Street, between the Kern River and Denise Avenue on the south. This matter was an appeal by Darlene Patterson and W. C. Robertson to the decision of the Planning Commission approving initial zoning to an R-S-2½A-CH-FP-S (Residential-Suburban-Two and One-Half Acre Minimum Lot Size-Church-Floodplain-Secondary) Zone, held March 17, 1982. The matter was held over for reconsideration by the Council. Upon a motion by Councilman Christensen, Negative Declaration and Ordinance No. 2692 New Series amending Title Seven-. teen of the Municipal Code of the City of Bakersfield by zoning those certain properties in the City of Bakersfield located east of Manor Street, between the Kern River and Denise Avenue on the south, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Christensen, low bid of Unicorn Electric Products, in the amount of $10,335.00, for Ballasts and Sodium Lamps, was accepted and all other bids rejected. Upon a motion by Councilman Rockoff, low bid of James G. Francis, in the amount of $114,040.00, for construction of Panama 2O Bakersfield, California, March 31, 1982 - Page 20 Lane, Akers Road to South "H" Street, was accepted, all other bids rejected and the )~ayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of E & S Electrical Construction, in the amount of $99,825.00, for installation of Traffic Signal Systems at 17th and "F" Streets, Baker Street and East Truxtun Avenue, and Beale Avenue and East 19th Street, was accepted, all other bids rejected, the Mayor was authorized to execute the contract and Budget Transfer, in the amount of $3,325.00, from Fund No. 56-79500-293 to the appropriate account, was approved. Upon a motion by Councilman Ratty, low bid through the State Contract, in the amount of $15,025.06, for Two Mid-Size Sedans for Community Development Department, was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Bakersfield Dodge, in the amount of $49,210.43, for Six Police Special Sedans, was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Bone and Son Construction, in the amount of $11,700.00, for demolition of nine various locations, was accepted, all other bids rejected and Budget Transfer, in the amount of $842.50, from Council Contingency Account No. 11-76100-512 to Account No. 24-79100-662, was approved. DEFERRED BUSINESS Adoption of Ordinance No. 2693 New Series of the Council of the City of Bakersfield amending Section 17.02.030 of Chapter 17.02 of the Municipal Code of the City of Bakersfield relative to purpose of Zoning Plan. Upon a motion by Councilman Ratty, Ordinance No. 2693 New Series of the Council of the City of Bakersfield amending Section 17.02.030 of Chapter 17.02 of the Municipal Code of the City of Bakersfield relative to purpose of Zoning Plan, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Means, Payne, Ratty, None Councilman Christensen Rockoff, Strong, Barton Bakersfield, California, March 31, 1982 - Page 21 Adoption of Ordinance No. 2694 New Series of the Council of the City of Bakersfield amending Sections 17.04.040, 17.04.060, 17.04.140, 17.04.190, 17.04.310, 17.04.410, 17.04.530, 17.04.630; 17.04.155, 17.04.462, 17.04.468, 17.04.090, 17.04.120, 17.04.150, 17.04.160, 17.04.290, 17.04.300, 17.04.360, 17.04.390, 17.04.480, 17.04.520, 17.04.560, 17.04.570 and adding Sections 17.04.035, 17.04.305, 17.04.365, 17.04.466, 17.04.467, 17.04.494, 17.04.496, 17.04.535 and 17.04.545; and repealing Sections 17.04.070, 17.04.110, 17.04.610 and 17.04.630 of Chapter 17.04 of the Municipal Code of the City of Bakersfield relative to Definitions--Zoning Plan. Upon a motion by Councilman Barton, Ordinance No. 2694 New Series of the Council of the City of Bakersfield amending Sections 17.04.040, 17.04.060, 17.04.090, 17.04.120, 17.04.140, 17.04.150, 17.04.160, 17.04.190, 17.04.290, 17.04.300, 17.04.310, 17.04.360, 17.04.390, 17.04.410, 17.04.480, 17.04.520, 17.04.530, 17.04.560, 17.04.570 and 17.04.630; adding Sections 17.04.035, 17.04.155, 17.04.305, 17.04.365, 17.04.462, 17.04.466, 17.04.467, 17.04.468, 17.04.494, 17.04.496, 17.04.535 and 17.04.545; and repealing Sections 17.04.070, 17.04.110, 17.04.610 and 17.04.630 of Chapter 17.04 of the Municipal Code of the City of Bakersfield relative to Definitions--Zoning Plan, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2695 New Series of the Council of the City of Bakersfield amending Section 17.06.050 of Chapter 17.06 of the Municipal Code of the City of Bakersfield relative to Designation of Zones. Upon a motion by Councilman Christensen, Ordinance No. 2695 New Series of the Council of the City of Bakersfield amending Section 17.06.050 of Chapter 17.06 of the Municipal Code of the Bakersfield, California, March 31, 1982 - Page 22 City of Bakersfield relative to Designation of Zones, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2696 New Series of the Council of the City of Bakersfield amending Chapter 17.08 of the Bakersfield Municipal Code by adding Section 17.08.125 and Section 17.08.175 and amending Sections 17.08.070, 17.08.130, 17.08.160, Subsection B of Section 17.08.170, Subsections A and C of Section 17.08.190 relative to General Pro- visions. Upon a motion by Councilman Strong, Ordinance No. 2696 New Series of the Council of the City of Bakersfield amending Chapter 17.08 of the Bakersfield Municipal Code by adding Section 17.08.125 and Section 17.08.175 and amending Section 17.08.070, 17.08.130, 17.08.160, Subsection B of Section 17.08.170, Subsections A and C of Section 17.08.~80 and Section 17.08.190 relative to Genera~ Provisions, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2697 New Series of the Council of the City of Bakersfield amending Chapter 17.10 of the Bakersfield Municipal Code by adding Subsections F and G to Section 17.10.020 relative to uses permitted and amending Section 17.10.040 A and Section 17.10.070 relative to Front Yards and to Minimum Lot Area in R-1 Zone. Upon a motion by Councilman Barton, Ordinance No. 2697 New Series of the Council of the City of Bakersfield amending Chapter 17.10 of the Bakersfield Municipal Code by adding Sub- sections F and G to Section 17.10.020 relative to uses permitted and amending Section 17.10.040 A and Section 17.10.070 relative to Bakersfield, California, March 31, 1982 - Page 23 Front Yards and Minimum Lot Area in R-1 Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2698 New Series of the Council of the City of Bakersfield amending Chapter 17.12 of the Bakersfield Municipal Code by amending Sections 17.12.010 and 17.12.030 and adding Sections 17.12.015, 17.12.016, 17.12.040 and 17.12.050 relative to R-S, R-S-1A, R-S-2.5A, R-S-5A and R-S-10A Zones. Upon a motion by Councilman Barton, Ordinance No. 2698 New Series of the Council of the City of Bakersfield amending Chapter 17.12 of the Bakersfield Municipal Code by amending Sections 17.12.010 and 17.12.030 and adding Sections 17.12.015, 17.12.016, 17.12.040 and 17.12.050 relative to R-S, R-S-1A, R-S-2.5A, R-S-5A and R-S-10A Zones, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2699 New Series of the Council of the City of Bakersfield amending Chapter 17.14 of the Bakersfield Municipal Code by adding Section 17.14.026 and amending Sections 17.14.040 and 17.14.070 relative to R-2 Zone. Upon a motion by Councilman Christensen, Ordinance No. 2699 New Series of the Council of the City of Bakersfield amending Chapter 17.14 of the Bakersfield Municipal Code by adding Section 17.14.026 and amending Sections ~7.14.040 and 17.14.070 relative to R-2 Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Bakersfield, California, March 31, 1982 - Page 24 Adoption of Ordinance No. 2700 New Series of the Council of the City of Bakersfield amending Chapter 17.16 of the Bakersfield Municipal Code by adding Section 17.16.026 and amending Sections 17.16.040 and 17.16.070 A relative to R-3 Zone. Upon a motion by Councilman Strong, Ordinance No. 2700 New Series of the Council of the City of Bakersfield amending Chapter 17.16 of the Bakersfield Municipal Code by adding Section 17.16.026 and amending Sections 17.16.040 and 17.16.070 A relative to R-3 Zone, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes None Absent: None Adoption of Ordinance No. 2701 New Series of the Council of the City of Bakersfield amending Chapter 17.18 of the Bakersfield Municipal Code by adding Section 17.18.026 and amending Sections 17.18.030, 17.18.040 and 17.18.070 A relative to R-4 Zone. Upon a motion by Councilman Christensen, Ordinance No. 2701 New Series of the Council of the City of Bakersfield amending Chapter 17.18 of the Bakersfield Municipal Code by adding Section 17.18.026 and amending Sections 17.18.030, 17.18.040 and 17.18.070 A relative to R-4 Zone, was adopted by the following roll call vote,: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2702 New Series of the Council of the City of Bakersfield amending Title ~7 of the Bakersfield Municipal Code by adding Chapter 17.19 relative to and estab- lishing RH (Residential Holding) Zone. Upon a motion by Councilman Strong, Ordinance No. 2702 New Series of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.19 relative Bakersfield, California, March 31, 1982 - Page 25 to and establishing RH (Residential Holding) Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2703 New Series of the Council of the City of Bakersfield amending Chapter 17.20 of the Bakersfield Municipal Code by amending Sections 17.20.020, 17.20.030 and 17.20.040 and by adding Section 17.20.035 relative to C-O Zone. Upon a motion by Councilman Christensen, Ordinance No. 2703 New Series of the Council of the City of Bakersfield amending Chapter 17.20 of the Bakersfield Municipal Code by amending Sections 17.20.020, 17.20.030 and 17.20.040 and by adding Section 17.20.035 relative to C-O Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2704 New Series of the Council of the City of Bakersfield amending Chapter 17.22 of the Bakersfield Municipal Code by amending Sections 17.22.020, 17.22.030 and 17.22.040 and adding Section 17.22.035 relative to C-1 Zone. Upon a motion by Councilman Strong, Ordinance No. 2704 New Series of the Council of the City of Bakersfield amending Chapter 17.22 of the Bakersfield Municipal Code by amending Sections 17.22.020, 17.22.030 and 17.22.040 and adding Section 17.22.035 relative to C-1 Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Bakersfield, California, March 31, 1982 - Page 26 Adoption of Ordinance No. 2705 New Series of the Council of the City of Bakersfield amending Chapter 17.24 of the Bakersfield Municipal Code by amending Sections 17.24.020 B, 17.24.040 and 17.24.050 and adding Section 17.24.035 relative to C-2 Zone. Upon a motion by Councilman Strong, Ordinance No. 2705 New Series of the Council of the City of Bakersfield amending Chapter 17.24 of the Bakersfield Municipal Code by amending Sections 17.24.020 B, 17.24.040 and 17.24.050 and adding Section 17.24.035 relative to C-2 Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2706 New Series of the Council of the City of Bakersfield amending Chapter 17.26 of the Bakersfield Municipal Code by adding Section 17.26.027 and repealing Sections 17.26.020 B.3. and 17.26.030 relative to C-C Zone. Upon a motion by Councilman Christensen, Ordinance No. 2706 New Series of the Council of the City of Bakersfield amending Chapter 17.26 of the Bakersfield Municipal Code by adding Section 17.26.027 and repealing Sections 17.26.020 B.3. and 17.26.030 relative to C-C Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, ~eans, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2707 New Series of the Council of the City of Bakersfield amending Chapter 17.28 of the Bakersfield Municipal Code by amending Sections 17.28.020 B and 17.28.030 and adding Section 17.28.035 relative to M-1 Zone. Upon a motion by Councilman Christensen, Ordinance No. 2707 New Series of the Council of the City of Bakersfield amending Chapter 17.28 of the Bakersfield Municipal Code by amending Sections Bakersfield, California, March 31, 1982 - Page 27 Ayes: Noes: Absent: 17.28.020 B and 17.28.030 and adding Section 17.28.035 relative to M-1 Zone, was adopted by the following roll call vote: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton None None Adoption of Ordinance No. 2708 New Series of the Council of the City of Bakersfield amending Chapter 17.30 of the Bakersfield Municipal Code by amending Section 17.30.020 B and adding Section 17.30.035 relative to M-2 Zone. Upon a motion by Councilman Strong, Ordinance No. 2708 New Series of the Council of the City of Bakersfield amending Chapter 17.30 of the Bakersfield Municipal Code by amending Section 17.30.020 B and adding Section 17.30.035 relative to M-2 Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2709 New Series of the Council of the City of Bakersfield amending Chapter 17.32 of the Bakersfield Municipal Code by amending Section 17.32.020 D, Section 17.32.030 and Section 17.32.040 relative to A Zone and adding Section 17.32.050 relative to A-20A Zone. Upon a motion by Councilman Christensen, Ordinance No. 2709 New Series of the Council of the City of Bakersfield amending Chapter 17.32 of the Bakersfield Municipal Code by amending Section 17.32.020 D, Section 17.32.030 and Section 17.32.040 relative to A Zone and adding Section 17.32.050 relative to A-20A Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes None Absent: None Bakersfield, California, March 31, 1982 - Page 28 Adoption of Ordinance No. 2710 New Series of the Council of the City of Bakersfield amending Chapter 17.34 of the Bakersfield Municipal Code by amending Sections 17.34.010, 17.34.020 B and 17.34.030 relative to P (Auto- mobile Parking) Zone. Upon a motion by Councilman Barton Ordinance No. 2710 New Series of the Council of the City of Bakersfield amending Chapter 17.34 of the Bakersfield Municipal Code by amending Section 17.34.010, 17.34.020 B and 17.34.030 relative to P (Automobile Parking) Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2711 New Series of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code adding Chapter 17.35 relative to establishing RE (Recreation) Zone. Upon a motion by Councilman Ratty, Ordinance No. 2711 New Series of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.35 relative to establishing RE (Recreation) Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2712 New Series of the Council of the City of Bakersfield amending Section 17.36.030 of Chapter 17.36 of the Bakersfield Municipal Code relative to CH (Church) Zone. Upon a motion by Councilman Barton, Ordinance No. 2712 New Series of the Council of the City of Bakersfield amending Section 17.36.030 of Chpater 17.36 of the Bakersfield Municipal Code relative to CH (Church) Zone, was adopted by the following Bakersfield, California, March 31, 1982 - Page 29 29 roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2713 New Series of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.37 relative to and estab- lishing OS (Open Space) Zone. Upon a motion by Councilman Barton, Ordinance No. 2713 New Series of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.37 relative to and establishing OS (Open Space) Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2714 New Series of the Council of the City of Bakersfield amending Section 17.38.030 of Chapter 17.38 of the Bakersfield Municipal Code relative to HOSP (Hospital) Zone. Upon a motion by Councilman Christensen, Ordinance No. 2714 New Series of the Council of the City of Bakersfield amending Section 17.38.030 of Chapter 17.38 of the Bakersfield Municipal Code relative to HOSP (Hospital) Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2715 New Series of the Council of the City of Bakersfield amending Chapter 17.40 of the Bakersfield Municipal Code by adding Section 17.40.040 relative to D (Architectural Design) Zone (Limita- tion of Application and Coordination with Site Plan Review). 3O Bakersfield, California, March 31, 1982 - Page 30 Upon a motion by Councilman Christensen, Ordinance No. 2715 New Series of the Council of the City of Bakersfield amending Chapter 17.40 of the Bakersfield Municipal Code by adding Section 17.40.040 relative to D (Architectural Design) Zone (Limitation of Application and Coordination with Site Plan Review), was adopted by the following roll call vote: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Ayes: Noes: None Absent: None Adoption of Ordinance No. 2716 New Series of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.41, relative to and estab- lishing AD (Architectural Design) Zone. Upon a motion by Councilman Strong, Ordinance No. 2716 New Series of the Council of the City of Bakersield Municipal Code amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.41, relative to and establishing AD (Architectural Design) Zone, was adopted by the following roll call vote: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Ayes: Noes: None Absent: None Adoption of Ordinance No. 2717 New Series of the Council of the City of Bakersfield amending Chapter 17.42 of the Bakersfield Municipal Code by amending Sections 17.42.050 A, B and C and 17.42.060 E and adding Section 17.42.044 relative to FP-P Floodplain Primary Zone. Upon a motion by Councilman Strong, Ordinance No. 2717 New Series of the Council of the City of Bakersfield amending Chapter 17.42 of the Bakersfield Municipal Code by amending Sections 17.42.050 A, B and C and 17.42.060 E and adding Section 17.42.044 relative to FP-P Floodplain Primary Zone, was adopted by the following roll call vote: Ayes: Councilman Christensen, ~eans, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Bakersfield, California, March 31, 1982 - Page 31 Adoption of Ordinance No. 2718 New Series of the Council of the City of Bakersfield amending Chapter 17.44 of the Bakersfield Municipal Code by amending Section 17.44.050 and adding Section 17.44.045 relative to FP-S Floodplain Secondary Zone. Upon a motion by Councilman Christensen, Ordinance No. 2718 New Series of the Council of the City of Bakersfield amending Chapter 17.44 of the Bakersfield Municipal Code by amending Section 17.44.050 and adding Section 17.44.045 relative to FP-S Floodplain Secondary Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2719 New Series of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.45 relative to and estab- lishing AA (Airport Approach) Zone. Upon a motion by Councilman Strong, Ordinance No. 2719 New Series of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.45 relative to and establishing AA (Airport Approach) Zone, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2720 New Series of the Council of the City of Bakersfield amending Chapter 17.48 of the Bakersfield Municipal Code by amending Sections 17.48.040, 17.48.070 B, C, D and G and adding Section 17.48.090 relative to TT (Travel Trailer Park) Zone. Upon a motion by Councilman Barton, Ordinance No. 2720 New Series of the Counci~ of the City of Bakersfield amending Chapter 17.48 of the Bakersfield Municipal Code by amending Section 3'2 Bakersfield, California, March 31, 1982 - Page 32 17.48.040, 17.48.070 B, C, D and G and adding Section 17.48.090 relative to TT (Travel Trailer Park) Zone, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes None Absent: None Adoption of Ordinance No. 2721 New Series of the Council of the City of Bakersfield amending Chapter 17.50 of the Bakersfield Municipal Code by amending Sections 17.50.040, 17.50.080 (I) and 17.50.090 relative to MH (Mobilehome) Zone. Upon a motion by Councilman Strong, Ordinance No. 2721 New Series of the Council of the City of Bakersfield amending Chapter 17.50 of the Bakersfield Municipal Code by amending Sections 17.50.040, 17.50.080 (I) and 17.50.090 relative to MH (Mobilehome) Zone, was adopted by the following roll call vote: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Ayes: Noes: None Absent: None Deferral of action on an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.53 relative to Site Plan Review. Councilman Christensen made a motion to adopt an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.53 relative to Site Plan Review. Councilman Rockoff stated this ordinance basically does away with the D-Overlay and replaces it with a Site Plan Review. It may be needed sometime in the future, but he felt it was pre- mature at this time. Councilman Rockoff then questioned the staff regarding the lack of objectives and policies, this ordinance doing away with the existing D-Overlay and notification to surrounding property owners. Bakersfield, California, March 31, 1982 - Page 33 Councilman Rockoff offered a substitute motion to defer action on an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.53 relating to Site Plan Review, until the Council Meeting of April 14, 1982. This motion carried by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2722 New Series of the Council of the City of Bakersfield amending Chapter 17.58 of the Bakersfield Municipal Code by amending Sections 17.58.010 and 17.58.020 2., 3., 4., 5. and 12, and adding Section 17.58.020 23.(1) relative to Off-Street. Parking. Upon a motion by Councilman Christensen, Ordinance No. 2722 New Series of the Council of the City of Bakers£ield amending Chapter 17.58 of the Bakersfield Municipal Code by amending Sections 17.58.010 and 17.58.020 2., 3., 4., 5. and 12. and adding Section 17.58.020 23.(1) relative to Off-Street Parking, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2723 New Series of the Council of the City o£ Bakersfield amending Chapter 17.64 of the Bakersfield Municipal Code by amending Sections 17.64.120 B, 17.64.120 D, 17.64.130 A and 17.64.130 D relative to Procedures for Zone Changes and Appeals. Upon a motion by Councilman Barton, Ordinance No. 2723 New Series of the Council of the City of Bakersfield amending Chapter 17.64 of the Bakersfield Municipal Code by amending Sections 17.64.120 B, 17.64.120 D, 17.64.130 A and 17.64.130 D relative to Procedures for Zone Changes and Appeals, was adopted by the following Bakersfield, California, March 31, 1982 - Page 34 roll call vote: Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes None Absent: None Adoption of Ordinance No. 2724 New Series of the Council of the City of Bakersfield amending Section 9.18.010 B. and adding Sections 9.18.035 and 9.18.050 to the Municipal Code of the City of Bakersfield relating to recording sales of Narcotic and Drug Paraphernalia. Upon a motion by Councilman Barton, Ordinance No. 2724 New Series of the Council of the City of Bakersfield amending Section 9.18.010 B. and adding Sections 9.18.035 and 9.18.050 to the Municipal Code of the City of Bakersfield relating to recordin~i sales of Narcotic and Drug Paraphernalia, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Emergency Ordinance No. 2725 New Ser~es of the Council of the City of Bakersfield enacting Comprehensive Rules regulating the conduct of Special Events within the City of Bakersfield and providing standards for the issuance or denial of Permits for Special Events. Upon a motion by Councilman Payne, Emergency Ordinance No. 2725 New Series of the Council of the City of Bakersfield enacting Comprehensive Rules regulating the conduct of Special Events within the City of Bakersfield and providing standards for the issuance or denial of Permits for Special Events, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Bakersfield, California, March 31, 1982 - Page 35 Adoption of Ordinance No. 2726 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 located at the northeast corner of 40th Street and "0" Street and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Roger Grulke and would change subject property from a P.U.D. (Planned Unit Development) Zone, consisting of 44 single-story units, to a P.U.D. units. (Planned Unit Development) Zone, consisting of 44 townhouse The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Means, Negative Declaration and Ordinance No. 2726 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 located at the northeast corner of 40th Street and "0" 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: Noes: Absent: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton None Councilman Christensen Approval of Contract between the City of Bakersfield and Kern Refuse Disposal, Inc., regarding Refuse Collection. Upon a motion by Councilman Rockoff, Contract between the City of Bakersfield and Kern Refuse Disposal, Inc., regarding Refuse Collection, was approved and the Mayor was authorized to execute same. 36 Bakersfield, California, March 31, 1982 - Page 36 NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 4708 through 4820 (even only) La Mirada Drive, 301 through 421 (odd only) Montclair Street, 312 and 324 Dunsmuir Road and 4701 Marella Way. This proposed amendment was initiated by the Planning Commission 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 amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 4708 through 4820 (even only) La Mirada Drive, 301 through 421 (odd only) Montclair Street, 312 and 324 Dunsmuir Road and 4701 Marella Way. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located at the southwest corner of State Highway 178 and Kern Canyon Road. The application for this amendment was made by Marion Collins and would change subject property from an R-S-2½A (Residential-Suburban-Two and One-Half Acre Minimum Lot Size) Zone to a C-2 (Commercial), or more restrictive Zone. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that Bakersfield located at the southwest Kern Canyon Road. certain property in the City of corner of State Highway 178 and Bakersfield, Cali£ornia, March 31, 1982 - Page 37 37 First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakers£ield by changing the Land Use Zoning of that certain property in the City o£ Bakersfield located at the southeast corner of Old River Road and Camino Media. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an "A" (Agricultural) Zone to a C-O (Commercial and Professional Office), or more restrictive Zone. The Planning Commission recommended approval of this amendment. First Title Seventeen reading was considered given an Ordinance amending of the Municipal Code of the City of Bakersfield by of Bakersfield located at the southeast corner of Old River Road and Camino Media. First reading of an Ordinance of the Council of the City o~ 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 222 - 34th Street, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Dale Aycock and would change subject property from an R-1 (One Family Dwelling) and R-4-D (Multiple Fanlily Dwelling - Architectural Design) Zones to a P.C.D. (Planned Commercial Development) Zone, for a medical office condominium complex consisting of five buildings containing a total of 91,470 square feet of floor area. The Planning Commission recommended approval of this amendment. 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 changing the Land Use Zoning of that certain property in the City Bakersfield, California, March 31, 1982 - Page 38 certain property in the City of Bakersfield commonly known as 222 -- 34th Street, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. Adoption of Resolution No. 31-82 o£ the Council of the City of Bakers- field accepting Quitclaim of Canal Easement and Grant of Canal Easement from Tenneco West, Inc., and authorizing and approving Quitclaim of Canal Easement and Grant of Canal Easement from City to Kern Delta Water District relative to easements for Buena Vista Canal. This resolution and the related conveyances, from Tenneco West to the City to Kern Delta Water District, corrects an omission: in the 1976 conveyances connected with the City's acquisition of water rights and facilities from Tenneco West. Upon a motion by Councilman Barton, Resolution No. 31-82 of the Council of the City of Bakersfield accepting Quitclaim of Canal Easement and Grant of Canal Easement from Tenneco West, Inc., and authorizing and approving Quitclaim of Canal Easement and Grant of Canal Easement from City to Kern Delta Water District relative to easements for Buena Vista Canal, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None Absent: None Adoption of Resolution No. 32-82 of the Council of the City of Bakers- field urging the adoption of State Legislation to make Improvement District No. 4 independent of the Kern County Water Agency. Assemblyman Rogers has agreed to propose State Legislation to remove Improvement District No. 4 from the Kern County Water Agency. The Legislation has now been drafted, however, Assembly- man Rogers indicated, in order for him to move the Bill forward, it will be necessary to obtain a general consensus of approval within the water community. This is a culmination of efforts by the Bakersfield, California, March 31, 1982 - Page 39 39 City to achieve the independence of Improvement District No. 4. This resolution supports the action proposed by Assemblyman Rogers. Upon a motion by Councilman Barton, Resolution No. 32-82 of the Council of the City of Bakersfield urging the adoption of State Legislation to make Improvement District No. 4 independent was adopted by the following roll of the Kern County Water Agency, call vote: Ayes: Councilmen Christensen, Noes: None Absent: None Means, Payne, Ratty, Rockoff, Strong, Barton Approval of Agreement rescinding Agreement No. 80-81 between the City of Bakersfield and the Housing Authority of the County of Kern for maintenance of accelographs in County Housing Authority facilities. The State of California, through the Division of Mines and Geology of the Resources Agency, has proposed that it take over such function. Mr. Randy Coats, Planning Development Director for the Kern County Housing Authority, in answer to a question of Council- man Strong stated the proposal for the Division of Mines and Geolo~y of the Resources Agency to take over the operation of this functior~ will be acted upon as soon as the Council acts on this motion. Upon a motion by Councilman Christensen, Agreement rescinding Agreement No. 80-81 between the City of Bakersfield and the Housing Authority of the County of Kern for maintenance of accelographs in County Housing Authority facilities, was approved and the Mayor was authorized to execute same. Approval of Lease Agreement between the City of Bakersfield and Banducci Enterprises for lease of twenty-three parking spaces at $30.00 per month per space. Pursuant to Business Development and Parking Committee Report No. 1-82 of January 20, 1982, a new lease was negotiated with Banducci Enterprises and it provides that the rates will be subject to negotiation in December of each year. 4O Bakersfield, California, March 31, 1982 - Page 40 Upon a motion by Councilman Barton, Lease Agreement between the City of Bakersfield and Banducci Enterprises for lease of twenty-three parking spaces at $30.00 per month per space, was approved and the Mayor was authorized to execute same. Authorization granted to Purchasing Division of the Finance Department to enter into Discount Agreement with Hudson Supply Company for Miscellaneous Janitorial Supplies. The Finance Department requests Council authorization to negotiate a Discount Agreement with Hudson Supply. Discount Agree- ments are informal miscellaneous supply contracts that the Purchasing Division has prenegotiated prices or discounts on and are for ser- vices and supplies of a nature that do not lend themselves to other purchasing programs. Upon a motion by Councilman Rockoff, the Purchasing Division of the Finance Department was granted authorization to enter into Discount Agreement with ttudson Supply Company for Miscellaneous Janitorial Supplies. Adoption of Resolution No. 33-82 of the City Council of the City of Bakersfield, California, designating Census Tract 22 as a Redevelopment Survey Area. As a result of a request made to the City Council by a group of residents residing in Census Tract 22, the Council requested staff to study the issue and requirements of designating Census Tract 22 as a Redevelopment Project Study Area. Upon a motion by Councilman Christensen, Resolution No. 33-82 of the City Council of the City of Bakersfield, California, designating Census Tract 22 as a Redevelopment Survey Area, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Means, Payne, Strong, Barton None Ratty, Rockoff, None Bakersfield, California, March 31, 1982 - Page 41 41 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:50 P.M. ATTEST: MAYOR of~theyy of Bakersfield, Calif. CITY CLERK~~an ~x /ffici~ C~erk of the Council of the City of Bakersfield, California ma