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HomeMy WebLinkAboutJULY - SEPT 1982240 Bakersfield, California, July 7, 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., July 7, 1982. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance and a minute of silent prayer. Present: Absent: followed 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Berdell Dickinson, requested that the Council approve Tract Nos. 4196 and 4197. City Attorney Oberholzer and Public Works Director Hawley stated, with the letter of credit submitted tonight by Mr. the code requirements have been met on the two tracts. Approval of Map of Tract No. 4196 and Improvement Agreement with B. L. Dickinson, Inc., for construction of improvements therein, located northeast of Panorama Drive and Fairfax Road. Upon a motion by Councilman Rockoff, Map of Tract No. 4196 and Improvement Agreement with B. L. Dickinson, Inc., for construction of improvements therein, located northeast of Panorama Drive and Fairfax Road, were approved. Approval of Map of Tract No. 4197 and Improvement Agreement with B. L. Dickinson, Inc., for construction of improvements therein, located northeast of Panorama Drive and Fairfax Road. Upon a motion by Councilman Rockoff, Map of Tract No. 4197 and Improvement Agreement with B. L. Dickinson, Inc., for construction of improvements therein, located northeast of Panorama Drive and Fairfax Road, were approved. The City Clerk called the roll as follows: Mayor Shell. None Minutes of the regular meetings of June 9 and 23, Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Dickinson, Bakersfield, California, July 7, 1982 - Page 2 241 CORRESPONDENCE Upon a motion by Councilman Christensen, communication from the California Bowmen Hunters and State Archery Association, 6531 North College, Fresno, California, dated June 21, 1982, urging the Council to reconsider the closure of the Bakersfield Archery Range, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from the Downtown Business Association, dated June 22, 1982, requesting a meeting with the Business Development and Parking Committee for approval of the 1982-83 Downtown Improvement District Budget, was received and referred to the Business Development and Parking Committee. Upon a motion by Councilman Payne, communication from former Councilman Walter F. Heisey, Bakersfield Sandstone Brick Company, dated June 24, 1982, commending the Council and staff for the consideration extended to members and friends of the Rosewood Retirement Community who appeared before the Council regarding a Certified Farmers' Market, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from First Federal Savings and Loan Association of Bakersfield, 1517 - 18th Street, dated June 28, 1982, regarding the City's Construction Incentive Program, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from Jan Tillery and Stephanie Moffitt, 4013 Adidas Avenue, submitting their written questions as stated at the Council Meeting of June 23, 1982, regarding the enforcement of the Building Code, was received and referred to the City Attorney. Upon a motion by Councilman Ratty, communication from Kidd's Communications, Inc., dated June 30, 1982, requesting elimination of parking restrictions on the south side of the 200 Block of East 18th Street, was received and ordered placed on file. (This matter was taken care of by the Traffic Engineer.) Bakersfield, California, July 7, 1982 - Page 3 Upon a motion by Councilman Means, communication from Rosewood Retirement Community, dated June 30, 1982, expressing their gratitude for the Council's efforts in locating a Certified Farmers' Market on their property, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from John M. Gilchrist, President of East Bakersfield Associates Ernest W. Hahn, Inc., General Partner, dated July 2, 1982, requesting a General Plan Amendment to Segment IX of the 3-79 General Plan Amendment for the Eastside Shopping Center, located in Northeast Bakersfield, west of Oswell Street, south of Highway 178 and north of Bernard Street, was received and referred to the Planning Com- mission for study and recommendation. Upon a motion by Councilman Rockoff, communication from Bakersfield Association for Retarded Citizens, 2240 South Union Avenue, dated July 6, 1982, urging the Council not to support the proposed Creative Development Through Art Program with Community Development Grant Funds, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from the Kern Audubon Society, P.O. Box 3581, Bakersfield, dated July 7, 1982, requesting that the Police Pistol Range not be moved to the Nomad Bowmen's Archery Range, was received and ordered placed on file. Upon a motion by Councilman Barton, communication from Virginia Parsons, 1503-D Bear Mountain Road, Arvin, California, dated June 26, 1982, expressing her view that video games are not responsible for children's problems, was received, referred to the Business Development and Parking Committee and staff was requested to furnish copies to the Council and Mayor. COUNCIL STATEMENTS Upon a motion by Councilman Barton, continued public hearing on an Appeal by Maranatha Video Games to the decision of the Board of Zoning Adjustment denying an application for a Bakersfield, California, July 7, 1982 - Page 4 2.43 Californian that because the rest the paper. Conditional Use Permit requested by Richard Lee Hixson to allow the parking of a trailer and the operation of ten video games contained on said trailer located within the parking lot of Juanito's Mexican Food Restaurant in a C-2-D (Commercial - Archi- tectural Design) Zone, affecting that certain property in the City of Bakersfield commonly known as 4675 Ming Avenue, was continued until the Council Meeting of July 21, 1982, at the request of Mr. Hixson who was out of town and unable to attend the meeting tonight. Councilman Christensen stated, referring to a letter from Patricia Bunyard (Page 4-Council Meeting Minutes of June 9, 1982), regarding a complaint against Cox Cable TV that was referred to the Budget Review and Finance Committee, that he read in the Bakersfield the matter had been settled and that disturbs him of the Council is aware of only what they read in Councilman Christensen made a motion that the Council go on record granting permission to release Council Committee reports to the Bakersfield Californian and news media so they can be published and the rest of the Council will be made aware of what is going on. Councilman Ratty stated the issue of the complaints against Cox Cable TV is not closed. The Committee has requested that Cox Cable TV perform on the services they said they would, and in 30 to 60 days they are to report back to the Committee. At that time, if they are not performing the required services further action will be considered. The matter is not settled and people are still unhappy with the service. Councilman Christensen stated he feels these matters should be reported to the Council before reporting to the press. Councilman Ratty stated, as far as he knows, a Committee report has not been released to the Bakersfield Californian. Councilman Rockoff stated he felt the public had a right to know that some action was forthcoming from Cox Cable TV and '244 Bakersfield, California, July 7, 1982 - Page 5 could not see any reason why a news article could not be printed informing the public what Cox Cable TV promised to do. This in no way indicated the Committee was through with the situation. It was merely a public update to let the subscribers know that Cox Cable TV is aware of the problem and will furnish a written report on what they are doing to improve their service within the 60 days allowed. Councilman Christensen's motion that the Council go on record granting permission to release Council Committee reports to the Bakersfield Californian and news media so they can be published and the rest of the Council will be made aware of what is going on, failed to carry with Councilmen Ratty, Rockoff, Strong, Barton, Means and Payne voting in the negative. REPORTS Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 6-82 regarding Relocation of Police Pistol Range and Public Picnic Area Facility, as follows: In September, 1977, the City of Bakersfield entered into a lease agreement with the North Bakersfield Recreation and Park District. The lease agreement was for approximately 27 acres along the south bank of the Kern River, north of the Truxtun Avenue Extension, in the vicinity of the New Corporation Yard. The 27 acres were leased by the Recreation and Park District on behalf of the Nomad Bowmen, Inc. The property was leased for an annual sum of $175.00, and was to be used for recreational purposes, in- cluding the installation and use of an archery range. Recently, the City Council received correspondence from Nomad Bowmen, Inc., expressing their con- cern of the possibility of losing the facility as a result o£ stray arrows endangering bike riders on the bike trail along the Kern River. Additionally, their concern was prompted by interest on behalf of the City to relocate the Police Pistol Range and Public Picnic Area from the present site near Truxtun Avenue and Oak Street to the site occupied by the archery range. Although the potential danger of stray arrows has been alleviated by the Bowmen relocating certain targets, this Committee did meet with staff, including members of the Police Depart- ment, to review and study the feasibility of Bakersfield, California, July 7, 1982 - Page 6 245 relocating the Police Pistol Range and Public Picnic Area Facility. We discussed the matter at length, and noted several factors prompting our recommendations and conclusion. One of these major factors is the potentially dangerous situation which has existed for many years with the present Pistol Range not having a roof. Such being the case increases the potential hazard of stray or ricocheting bullets. The absence of the roof also permits the noise of the weapons being fired to be a nuisance to adjoining property owners and businesses as well as passing traffic. Although these problems have increased tremendously with the recent opening of the Truxtun Avenue Extension and the development in the area, the City Council did appropriate funds in the 1981-82 Capital Improve- ment Budget in the amount of $265,000 for the construction of a roof on the Pistol Range Facility. A~so, this Committee noted the many residents of the City of Bakersfield who presently use the Picnic Facility on a year-round basis. For example, 1981 calendar year saw approximately 7,000 guests using the Picnic Facility. The opening of Truxtun Avenue Extension has reduced the public parking area for those members of the general public wishing to use the Picnic Facility. The relocation of this facility, including adequate parking, along the Kern River would make available to the general public an improved Picnic Facility in a highly recreational area. This Committee noted preliminary indications suggest the facility, including the much needed Police Pistol Range Facility, could be relocated at no additional cost to the City since the City has received several inquiries by parties wishing to acquire the existing facility. Pre- liminary indications suggest a sales price sufficient enough to finance the construction of a new facility on the site presently occupied by the Bowmen. We also noted the City could save the $265,000, which has been appropriated for the roof. Therefore, this Committee recommends the City Council: Direct Public Works Department to proceed with preliminary concept, design, and cost estimates; and staff be directed to talk with the Nomad Bowmen about other locations and possible compatible use. o As provided in the existing lease agreement, give a 60 day written notice of termination to the North Bakersfield Recreation and Park District. Direct staff to negotiate an interim lease between the City and Nomad Bowmen, Inc. The interim lease agreement would be for 2:46 Bakersfield, California, July 7, 1982 - Page 7 the time period necessary for Public Works to develop plans, etc. This interim lease would give adequate time for the Bowmen to locate new facilities for their archery range. Councilman Ratty made a motion that Water and City Growth Committee Report No. 6-82 regarding Relocation of Police Pistol Range and Public Picnic Area Facility, be accepted; and recom- mendations as outlined in the report approved. Mr. Gary McCain, President of the Nomad Bowmen Archery Club, introduced several people from the community who were present in the audience to speak on their behalf, and also presented a petition containing approximately 600 signatures in support of the Nomad Bowmen and requested Council support. Mr. Gene Krause, Member of the Board of Directors of the Nomad Bowmen's Archery Club, presented a written statement from the Nomad Bowmen's Archery Club requesting that they be allowed to retain their present site along the Kern River, north of the City Corporation Yard. Donna Yowell, President of the Kern River Riders (an equestrian club), stated they feel an archery range is more com- patible with an equestrian trail than a pistol range and requested that the Nomad Bowmen be allowed to retain their present site. Mr. Rich O'Neil, Kern River Parkway Committee, stated they feel the eviction of the Nomad Bowmen Archery Club is not in keeping with findings of the first river study conducted by Rickett, Ward and Delmarter and the ongoing study being conducted by Quad Consultants. The eviction decision should not be made until the river studies are complete, evaluated and officially accepted. The pistol range would not be an appropriate use of the floodplain or of the much needed open space that the Kern River provides. They feel there are other alternatives rather than evicting the Archery Club, and requested that an Environmental Impact Report be made on this subject. Bakersfield, California, July 7, 1982 - Page 8 247 Mr. Gary McCain outlined the history of the Nomad Bowmen's Archery Club and the improvements they have made to the present site. They cannot move without some sort of financial help because they are a nonprofit organization. If they have to move, organized archery in Bakersfield will probably be gone, until someone comes along and helps them. After a lengthy discussion, Councilman Christensen offered a substitute motion that the matter of relocating the Police Pistol Range and Public Picnic Area Facility to the present Nomad Bowmen's Archery Range, be referred back to the Water and City Growth Com- mittee for further study and evaluation so an amicable decision can be made that will help both sides o£ the issue. Councilman Ratty requested that the substitute motion be amended to refer the matter to the Budget Review and Finance Com- mittee. Councilman Christensen's amended substitute motion that the matter of relocating the Police Pistol Range and Public Picnic Area Facility to the present Nomad Bowmen's Archery Range, be referred to the Budget Review and Finance Committee for further study and evaluation so an amicable decision can be made that will help both sides of the issue, was unanimously approved. Mayor Shell declared a brief recess at 9:05 P.M. reconvened the meeting at 9:15 P.M. Councilman Barton, Chairman and Parking Committee, read Report No. Contracts, as follows: and of the Business Development 6-82 regarding Public Works At the Council Meeting of June 23, 1982, Mr. Michael Thompson representing the Associated General Contractors of California (AGC) requested the City Council review current policies with regards to City employees per- forming certain contract work versus the City requesting bids from private contractors. The matter was referred to the Business Development and Parking Committee for study and recommenda- tion. This Committee met with members of AGC, however, it was mutually agreed between this Committee 248 Bakersfield, California, July 7, 1982 - Page 9 and AGC's representatives that a preliminary meeting between City staff and AGC would be appropriate prior to consideration by this Committee. We directed staf£ to arrange such a meeting and report back to the Committee with the results. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 6-82 regarding Public Works Contracts, was accepted. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 7-82 regarding Airport Bus of Bakersfield Parking Request, as follows: At the Council Meeting of June 23, 1982, the City Council received correspondence from Mr. Ralph Fruguglietti of Airport Bus of Bakers- field, Inc. The request was to rent parking spaces from the City at the Municipal Lot located at the corner of 23rd and Eye Streets. The matter was referred to the Business Development and Parking Committee for study and recommendation. This Committee has met with Mr. Fruguglietti and members of City staff to review Mr. Fruguglietti's request on behalf of Airport Bus of Bakersfield. Mr. Fruguglietti is requesting to lease spaces from the City on a monthly basis to be utilized by customers using the Airport Bus service. While reviewing the matter in detail, this Committee considered the fact that l) Airport Bus will not charge their customers for parking in the spaces; 2) Such an arrangement will reduce parking on the streets; 3) Spaces requested by Airport Bus are in an area of the Municipal Lot not presently utilized; 4) A lease agreement should have a reasonably short term provision in the event the City wishes to utilize the property for development. Therefore, this Committee recommends the City Council approve a lease agreement between the City of Bakersfield and Airport Bus of Bakers- field, Inc., for a total of twenty (20) spaces at a rate of $25.00. Additionally, the agree- ment should be for the term commencing July 8, 1982, through June 30, 1983, containing a 60 day termination provisions as well as a pro- vision to review the monthly rate during the month of December. Councilman Rockoff stated, for clarity, the report should have stated that the spaces would be leased at $25.00 per month per space. Bakersfield, California, July 7, 1982 - Page l0 249 Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 7-82 regarding Airport Bus of Bakersfield Parking Request, was accepted; and Lease Agreement between the City of Bakersfield and Airport Bus of Bakersfield, Inc., for twenty spaces at $25.00 per space per month, commencing July 8, 1982, through June 30, 1983, containing a 60 day termination pro- vision and a provision to review the monthly rate during the month of December, was approved and the Mayor was authorized to execute same. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 8-82 regarding Request to Operate a Food Cart in Front of City Hall, as follows: At the City Council Meeting of June 23, 1982, Mr. Bill Bonderov of Best Hotdog Company requested the City Council grant permission for him to operate a food cart on the side- walks adjacent to City Hall. The existing City ordinances require such permission to be granted by the adjoining property owner prior to such vendors commencing business. The matter was referred to the Business Develop- ment and Parking Committee for study and recommendation. In our discussions, we noted present City policy does not permit the solicitation of goods and services inside City Hall. As such, we feel it would be inconsistent with existing policy to grant permission for the food cart operation outside City Hall. Therefore, this Committee recommends the City Council deny the request of Bill Bonderov. Mr. Bill Bonderov stated he would operate his business in the downtown area in accordance with City ordinances. City Attorney Oberholzer stated he can operate his business, if he has written permission of the adjoining property owner and he cannot obstruct the sidewalks. In answer to a question by Councilman Payne, City Attorney Oberholzer stated Mr. Bonderov could operate his business at the proposed GET transfer point, at 20th and "L" Streets, and the Council may want to grant him permission to operate on the City-owned property rather than the sidewalk. 25O Bakersfield, California, July 7, 1982 - Page Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 8-82 regarding Request to Operate Food Cart in Front of City Hall, was accepted; and request of Bill Bonderov to operate the food cart in front of City Hall, was denied. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 20-82 regarding Alcoholic Beverage Consumption and Curfew in City Parks, as follows: On August 12, 1981, the City Council imposed a curfew in the parks from ll p.m. to 7 a.m., enacted a Noise Ordinance, and deferred any further action on implementing recommendations regarding the consumption of alcoholic beverages until February, 1982. On February 17, 1982, the City Council approved further changes to the curfew hours by changing the curfew to ll p.m. to 5 a.m. The City Council further requested the parks continue to be surveyed by staff and a report from this Committee be forthcoming to the Council in June, 1982. While reviewing the proposed budget for the Police Department for 1982-83, this Committee reviewed the status in the parks with the Chief of Police and other members of the staff. The Chief of Police recommends, and this Committee concurs, that a final report and evaluation at this time would be premature since the parks are not yet being utilized to the extent as they will be during the summer months. Therefore, this Committee recommends the City Council continue to defer action on alcoholic beverage consumption in the City parks through September, 1982. By doing so, it will afford the City staff the opportunity to survey City parks and any related problems through the summer months. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 20-83 regarding Alcoholic Beverage Consumption and Curfew in City Parks, was accepted; and action on alcoholic beverage consumption in City Parks, was deferred through September, 1982, in order to allow staff the opportunity to survey City parks and any related problems through the summer months. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 21-82 regarding Alarm Ordinance, as follows: Bakersfield, California, July 7, 1982 - Page 12 2.5i On May 26, 1982, Police Chief Price reported to the City Council his concerns regarding the expenditure of manhours for the Police Depart- ment on £alse alarms within the City of Bakers- field. He noted that during 1981 the Police Department responded to 3,604 false alarms (92% of total alarm responses), which cost the City approximately $144,000 in manpower. Also, he said the danger of officers in emergency response must be considered. Pursuant to his report, the Police Chief requested the City Council consider modifications to the Alarm Ordinance, along with a fee schedule and rules and regulations. The matter was referred to the Budget Review and Finance Committee for study and recommendation. This Committee has met with members of staff, including the Chief of Police, to review the potential impact of modifications to the Alarm Ordinance providing certain £ees and regulations dealing with false alarms. Among the items dis- cussed were permits, charges, charges for responses to false alarms over various limits, as well as the potential impact on businesses and residences in the City. This Committee concurs with the Police Chief in that the problem of false alarms must be dealt with and brought under control. As the first step, we recommend the City Council direct the City staff to forward copies of the proposed changes, fees, and rules to all alarm companies operating within the City of Bakersfield as well as any interested businesses or residences. Also, we recommend the City Council set a public hearing date for August 18, 1982, to hear any input and recommendations on the proposed changes. Councilman Christensen requested that staff solicit input from other cities as to how they handle the alarms and make the information available to all Councilmen. Councilman Barton requested that all Councilmen be furnished with a copy of the fee schedule and regulations. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 21-82 regarding Alarm Ordinance, was accepted; staff was directed to forward copies of the proposed changes, fees and rules to all alarm companies operating within the City of Bakersfield, as well as any interested businesses or residences; and public hearing on the matter was set for August 18, 1982. 252 Bakersfield, California, July 7, 1982 - Page 13 Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 22-82 regarding Creative Development Through Art's Request for Community Development Block Grant Funding, as follows: Creative Development Through Art (CDTA) attended a public meeting at California Avenue Park on the proposed uses of Community Development Block Grant Funds for fiscal year 1982-83. At this meeting they requested funding in the amount of $80,000 to begin a program using art as a developmental tool for physically and mentally disabled individuals. They also appeared before the City Council, who referred the matter to this Committee. Rick Moses and Walter Ricks of CDTA met with this Committee on July 1, 1982, and made a formal presentation of their request for funding in the amount of $67,400. The funds would be used for rent and renovation of the building they propose to operate from. They had indicated that letters of support from Kern Regional Center and the Easter Seal Society had been included in the package presented. They also presented a lease agreement for a facility located on ~t. Vernon in an unincorporated section of Kern County. The idea of CDTA combining their proposed services with an existing organization was discussed and presented to them as an alter- native to establishing another administrative organization to serve disabled citizens. Also, the priorities of housing and neighborhood revitalization were discussed with them at the meeting. Applicants for funds must demonstrate that the project to be undertaken supports the compre- hensive strategy set forth in the three year plan adopted by City Council on May 16, 1979, and any updates to that strategy subsequently approved by Council. CDTA's request for funding does not meet this condition as outlined in Council policy for reviewing requests for Block Grant funding from outside organizations. Based on current policies and priorities regarding the uses of Community Development Block Grant Funds, this Committee cannot recommend the approval of CDTA's request for funding. It is felt that their proposed service should be combined with those of an existing organization established to provide services to disabled citizens. Therefore, it is recommended that the request for Block Grant funding from Creative Develop- ment Through Art be denied. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 22-82 regarding Creative Development Through Art's Request for Community Development Block Grant Funding, was accepted; and request for Community Development Block Grant Funds from Creative Development Through Art, was denied. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 7-82 regarding Kern Phil- harmonic Request for Financial Support, as follows: At the Council Meeting of Mar 26, 1982, com- munication from Kern Philharmonic was received and referred to the Auditorium-Recreation Committee for study and recommendation. The communication from Kern Philharmonic addressed two separate issues requiring funding from the City of Bakersfield. The first matter was a request to the City of Bakersfield to increase its financial support from $3,500 to $5,000 for 1982-83. They further requested an additional $2,500 as a 50% share of the cost of presenting a pair of young people's concerts at the Civic Auditorium for approximately 4,000 school children. This Committee recognizes the cultural contribu- tion made to the community by Kern Philharmonic, however, in light of the financial constraints the City of Bakersfield is facing during the 1982-83 fiscal year, this Committee feels that the City is unable to increase its financial support to the Kern Philharmonic. Hopefully in future years, the City will be in a more £avor- able position to consider an increase in their request. We are recommending that the City Council act favorably during the budget sessions on funding the Philharmonic at the same level as last year for $3,500 for the outstanding programs they provide the residents of our community. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 7-82 regarding Kern Philharmonic Request for Financial Support, was accepted; and recommendation that the Council act favorably during budget sessions by funding the Philharmonic at the same level as last year, in the amount of $3,500, for the outstanding programs they provide the residents of this community, was approved by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means Noes: Councilmen Ratty, Payne Absent: None 254 Bakersfield, California, July 7, 1982 - Page 15 Councilmen Ratty and Payne clarified their negative votes by stating they felt the Philharmonic should have more money, rather than less. Councilman Means stated he hopes Councilmen Ratty and Payne support the Kern Philharmonic when they appear before the Council requesting Revenue Sharing Funds. Councilman Christensen stated he wanted to go on record that he supports giving the Philharmonic all the funds possible, but it is his understanding that money is in a very tight situation at this time. Councilman Christensen made a motion that if funds are available that the Kern Philharmonic be granted the requested $5,000.00, and asked if this was possible. Assistant City Manager-Finance Higginbotham stated the Council can extract some money from the Council's Contingency Fund. He would hesitate to state the $5,000.00 is not in the City's budget, but it is a matter of priorities and it is a decision for the Council to make. Councilman Rockoff stated that because the statement "if funds are available" is so nebulous he cannot support the motion. Councilman Means stated he agrees with Councilman Rockoff. The City is facing very serious fiscal problems and there are a number of funding requests that came before the Budget Review and Finance Committee. He hopes the Council supports the Philharmonic's request for Revenue Sharing Funds, rather than taking it out of the operating budget, when a decision has not been made on their other requests. It is irresponsible to approve this before a decision has been made on Revenue Sharing Funds and an accurate picture is received on the budget. Councilman Christensen's motion that if funds are available that the Kern Philharmonic be granted the requested $5,000.00, was approved with Councilmen Rockoff and Strong voting in the negative. Bakersfield, California, July 7, 1982 - Page 16 '255 Councilmen Rockoff and Strong, in clarifying their negative votes, stated they support the Kern Philharmonic and the work they do, but due to the nebulousness of the motion they voted no. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 8-82 regarding New Park Policy, as follows: On April 22, 1981, the City Council adopted a policy whereby future developments provide for financing of construction and maintaining new park sites by use of Maintenance Districts. Since that time, one Park Maintenance District has been formed, one is in the process of being formed, and several others are being proposed. This policy appears to be working satisfactorily where the size of development justifies the developer paying the construction cost and then transferring the maintenance cost to new home owners through Maintenance Districts. A problem exists, however, in areas such as the Fairfax/Morning Drive area and the Panama Lane area where smaller developments do not justify dedication and construction of a park by a single owner. The staff has expressed its concern that these areas are developing without provisions being made for parks. In addition, some developers have expressed their willingness to participate in park development as long as each developer pays his fair share of the cost. The Planning Commission has expressed their concern on this matter and has requested that the City Council offer some direction along these lines. The Auditorium-Recreation Committee has dis- cussed this issue, and we are recommending that the Council suggest to the Commission considera- tion that when developers working an area request formation of a Park Maintenance District, and no provision has been made to dedicate and construct a park, that the City would require dedication of land, the payment of fees in lieu thereof, or a combination of both for park purposes as a condition of the approval of a final subdivision or parcel map. This Committee further recommends that the Planning Commission be directed to prepare a Recreational Element of the General Plan and develop standards for dedication of land and/or fees to be paid for the purpose of providing park or recreational facilities to serve sub- divisions. Councilman Christensen made a motion that Auditorium- Recreation Committee Report No. 8-82 regarding New Park Policy, be accepted; and recommendations as outlined in the report approved. Bakersfield, California, July 7, 1982 - Page Councilman Rockoff read the portion of the report that states "when developers working an area request formation of a Park Maintenance District, and no provision has been made to dedicate and construct a park," and asked if that means that if they do not request formation of a park that a park will not be forthcoming. Public Works Director Hawley stated that is correct. In other words, if the majority of developers in an area desire to form a Maintenance District then the City could adopt a procedure whereby all property owners within the given area participate in either dedication of land or payment of fees for construction of a park. In answer to a question by Councilman Rockoff, Public Works Director Hawley stated it is possible, if the developers or property owners do not petition, or whatever, the area could be without a park. The reason this works in this way, is that, the formation of a Maintenance District would be necessary for maintaining the park. If the people do not desire to form a Maintenance District then there would be no reason to construct a park, based on the City's present policy. This only pertains to new undeveloped land and not existing subdivisions. Councilman Rockoff offered a substitute motion that Auditorium-Recreation Committee Report No. 8-82 regarding New Park Policy, be referred back to Committee for further discussion. City Attorney Oberholzer stated a Recreation Element of the General Plan is being developed, which will identify specific park areas. If there is a development within those areas, pursuant to the Subdivision Map Act, the developer will be required to pay a fee or dedicate land within that particular zone of benefit of that park. If there is a development a block or two away where there is not a necessity for a park and the developer wants another one, then that is what that particular paragraph is addressing. Bakersfield, California, July 7, 1982 - Page 18 Councilman Rockoff's substitute motion that Auditorium- Recreation Committee Report No. 8-82 regarding New Park Policy be referred back to the Committee for further discussion, was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6980 to 7186, inclusive, in the amount of $716,524.49. (b) Claim for Damages and Personal Injuries from Judy Elane Mungary, 4106 Wenatchee Avenue, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Lionel L. Ramos Company, Insurance Claims Service, 617 Truxtun Avenue, Bakersfield. on behalf of Lewis Construction Company. (Refer to City Attorney) (d) Claim for Damages from Pacific Gas and Electric Company, 1918 "H" Street, Bakers- field. (Refer to City Attorney) (e) Improvement Agreement for Parcel Map No. 6488 with Quality Investments, Inc., for construction of improvements required by the Planning Commission, located on south side of Bernard Street between Mt. Vernon Avenue and Oswell Street. (f) Improvement Agreement with B.D.S. Investors for construction of improvements required by the Planning Commission for a zone change of certain property located between "Q" Street and "O" Street, south of 40th Street. (g) Notices of Completion and Acceptance of Work on: Main Fire Station Addition and Remodeling, Contract No. 81-181 with Gray Construction. Resurfacing Auburn Street between Oswell Street and La Costa Street, Contract No. 82-73 with Granite Construction Company. Tract No. 4399, Contract No. 81-81 with Great Western Builders, Inc., located on Mohawk Street, south of Truxtun Avenue. Parcel Map No. 5708, Contract No. 79-171 with Chandler Construction, Inc., located at Wilson Road, west of Highway 99. (h) Application for Encroachment Permit from Robert Engel and Egan Gost, P.O. Box 6146, Bakersfield, for construction of a Mansard type roof overhanging 4 feet into the right- of-way and approximately 14 feet above sidewalk at southwest corner of 19th and "N" Streets. '258 Bakersfield, California, July 7, 1982 - Page 19 (±) Application for Encroachment Permit from Pac Tel Limited, 3525 Standard Street, Bakersfield, for construction of a 6 foot high concrete block wall adjacent to back of sidewalk on White Lane side of parcel at 5650 Aldrin Court. (j) Plans and Specifications for the Beardsley and Rocky Point River Weir replacement. (k) Request from L. Bruce Nybo, Registered Civil Engineer, for an amendment to the General Plan for Medium Density Residential and Commercial use of property generally located in the Rio Bravo Area, approxi- mately ¼ mile northeast of the Mesa Marin Raceway. (Refer to Planning Commission for study and recommendation) (i) Contract Change Order No. i to Contract No. 82-64 with Griffith Company for pave- ment reconstruction on Beale Avenue, between Monterey Street and East Truxtun Avenue. This change is necessary to remove and replace unsuitable subbase material encountered along the full length of the project. The cost of the change is $27,005.15. The total contract price as a result of this Change Order is $163,519.15. The Greater Bakersfield Separation of Grade District will fund the full amount of this Change Order. 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 Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes None Absent: None ACTION ON BIDS Upon a motion by Councilman Payne, low bid of Granite Construction Company, in the amount of $50,228.00, for Annual Contract for Earth Hauling Equipment for the Agricultural Water Department, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of Target Chemical Company, in the amount of $4,408.75, for Miscellaneous Chemicals for the Public Works Department, was accepted and all other bids rejected. 259 Bakersfield, California, July 7, 1982 - Page 20 Upon a motion by Councilman Payne, usual bidding require-. ments were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price with Motorola Communications for three mobile and three portable radios for the Fire Department, not to exceed the amount budgeted of $12,700.00. Approval of low bid of Valley Indus- trial Services for Industrial Laundry Service. Mr. Robert Leech, representing Prudential Overall Supply second lowest bidder, stated for the last three years they have been the City's vendor for this service and they conscientiously and diligently served the City pursuant to the contract. It is requested, since there is only 2 3/4% difference between the bids of Valley Industrial Services and Prudential Overall Supply, that they be retained by the City for the ensuing contractural period. Mr. Leech submitted copies of their Quality Assurance Check Forms, which are done on a regular basis with various City Department Heads. City Attorney Oberholzer stated the Council must accept the low bid unless it is found that the low bidder is not qualified. Upon a motion by Councilman Rockoff, low bid of Valley Industrial Services, in the amount of $105,439.37, for Industrial Laundry Service, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Means, low bid of Contractors Equipment and Supply Company, in the amount of $145,315.40, for Two Street Sweepers for the Public Works Department, was accepted and the other bid rejected. Upon a motion by Councilman Ratty, low bid of Webb Electrical Construction, in the amount of $84,329.00, for Traffic Signal System Modifications along "H" Street at 17th, 18th, 19th, 20th and 21st Streets, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, July 7, 1982 - Page 21 Ayes: Noes: Absent: Upon a motion by Councilman Christensen, low bid of Bone & Son Construction, in the amount of $77,150.00, for Annaul Contract for Earth Moving Equipment for the Agricultural Water Department, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2755 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 2615 Eye Street. The application for this amendment was made by San Joaquin Community Hospital and would change subject property from a C-O (Commercial and Professional Office) Zone to a HOSP (Hospital) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2755 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 2615 Eye Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne None None Adoption of Resolution No. 68-82 of the Council of the City of Bakers- field establishing Policy for granting Density Bonus Incentives to developers of housing for low- or moderate-income families. The Council directed staff to prepare this resolution pursuant to Budget Review and Finance Committee Report No. 14-82 regarding "Density Bonus." Upon a motion by Councilman Ratty, Resolution No. 68-82 of the Council of the City of Bakersfield establishing Policy for granting Density Bonus Incentives to developers of housing for low- Bakersfield, California, July 7, 1982 - Page 22 261 or moderate-income families, call vote: Ayes: Councilmen Ratty, Noes: Councilmen Rockoff, Means Absent: None was adopted by the following roll Strong, Barton, Christensen, Payne NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Title 8 of the Municipal Code of the City of Bakersfield by amending Section 8.44.050 B.7. of Chapter 8.44 relative to Sale of Safe and Sane Fireworks. This ordinance specifies new requirements for fire extinguishers required for temporary fireworks stands. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 8 of the Munici- pal Code of the City of Bakersfield by amending Section 8.44.050 B.7. of Chapter 8.44 relative to Sale of Safe and Sane Fireworks. First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 15.04.010, 15.04.100 C. and 15.04.140 C. and repealing Sections 15.04.110 and 15.04.120 of the Bakersfield Municipal Code relative to General Provisions, and setting date of hearing on said matter. This ordinance makes required findings as to adoption of the 1979 Uniform Codes, the 1979 Edition of the Uniform Electrical Code and 1981 Edition of the National Electrical Code, and makes related changes. Upon a motion by Councilman Payne, First reading was considered given an Ordinance of the Council of the City of Bakers- field amending Sections 15.04.010, 15.04.100 C. and 15.04.140 C. and repealing Sections 15.04.110 and 15.04.120 of the Bakersfield Municipal Code relative to General Provisions, and Wednesday, July 21, 1982 at 8:00 P.M., was the date and time set for hearing on said matter, in accordance with Government Code Section 50022.3. Bakersfield, California, July 7, 1982 - Page 23 First reading of an Ordinance of the Council of the City of Bakersfield repealing Chapter 15.08 of the Bakersfield Municipal Code relative to Fire Zones. This ordinance repeals Chapter 15.08 and another ordinance is being presented that adopted the repealed provisions as part of Chapter 15.64. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Chapter 15.08 of the Bakersfield Municipal Code relative to Fire Zones. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.12 of the Bakers- field Municipal Code relative to Uniform Building Code, and setting date of hearing on said matter. This ordinance adopts the 1979 Edition of the Uniform Building Code and makes certain deletions from and amendment to that Code. Upon a motion by Councilman Rockoff, First reading was considered given an Ordinance of the Council of the City of Bakers- field amending Chapter 15.12 of the Bakersfield Municipal Code relative to Uniform Building Code, and Wednesday, July 21, 1982 at 8:00 P.M., was the date and time set for hearing on said matter, in accordance with Government Code Section 50022.3. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.16 of the Bakers- field Municipal Code relative to Uniform Mechanical Code, and setting date of hearing on said matter. This ordinance adopts the 1979 Edition of the Uniform Mechanical Code and makes certain deletions from and amendments to that Code. Councilman Strong requested that the Builders' Exchange be notified of these hearings. Councilman Christensen requested that a notice be published in the Bakersfield Californian. Bakersfield, California, July 7, 1982 - Page 24 263 Upon a motion by Councilman Payne, First reading was considered given an Ordinance of the Council of the City of Bakers- field amending Chapter 15.16 of the Bakersfield Municipal Code relative to Uniform Mechanical Code, and Wednesday, July 21, 1982 at 8:00 P.M., was the date and time set for hearing on said matter, in accordance with Government Code Section 50022.3. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.20 of the Bakers- field Municipal Code relative to Uniform Housing Code, and setting date of hearing on said matter. This ordinance adopts the 1979 Edition of the Uniform Housing Code and makes certain deletions from and amendments to that Code. Upon a motion by Councilman Ratty, First reading was considered given an Ordinance of the Council of the City of Bakers- field amending Chapter 15.20 of the Bakersfield Municipal Code relative to Uniform Housing Code, and Wednesday, July 21, 1982 at 8:00 P.M., was the date and time set for hearing on said matter, in accordance with Government Code Section 50022.3. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 15.24.010 and 15.24.020 of the Bakersfield Munici- pal Code relative to Abatement of Dangerous Buildings, and setting date of hearing on said matter. This ordinance adopts the 1979 Edition of the Uniform Code for the Abatement of Dangerous Buildings and makes a deletion from that Code. Upon a motion by Councilman Christensen, First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 15.24.010 and 15.24.020 of the Bakers- field Municipal Code relative to Abatement of Dangerous Buildings, and Wednesday, July 21, 1982 at 8:00 P.M. was the date and time set for hearing on said matter, in accordance with Government Code Section 50022.3. 264 Bakersfield, California, July 7, 1982 - Page 25 First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.28 of the Bakers- field Municipal Code relative to Uniform Plumbing Code, and setting date of hearing on said matter. This ordinance adopts the 1979 Edition of the Uniform Plumbing Code and makes certain amendments to that Code. Upon a motion by Councilman Strong, First reading was considered given an Ordinance of the Council of the City of Bakers- field amending Chapter 15.28 of the Bakersfield Municipal Code relative to Uniform Plumbing Code, and Wednesday, July 21, 1982 at 8:00 P.M., was the date and time set for hearing on said matter, in accordance with Government Code Section 50022.3. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.32 of the Bakers- field Municipal Code relative to Electrical Code, and setting date of hearing on said matter. This ordinance adopts the 1979 Edition of the Uniform Electrical Code and the 1981 Edition of the National Electrical Code and makes deletions from and amendments to that Code. Upon a motion by Councilman Strong, First reading was considered given an Ordinance of the Council of the City of Bakers- field amending Chapter 15.32 of the Bakersfield Municipal Code relative to Electrical Code, and Wednesday, July 21, 1982 at 8:00 P.M., was the date and time set for hearing on said matter, in accordance with Government Code Section 50022.3. First reading of an Ordinance of the Council of the City of Bakersfield amending Title 15 of the Municipal Code of the City of Bakersfield by amending Chapter 15.64 relative to Fire Zones. This ordinance adopts the Fire Zones previously contained in Chapter 15.08, as part of Chapter 15.64. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 15 of the Muni- cipal Code of the City of Bakersfield by amending Chapter 15.64 relative to Fire Zones. Bakers£ield, California, July 7, 1982 - Page 26 265 First reading of an Ordinance of the Council of the City of Bakersfield amending Title 15 of the Municipal Code of the City of Bakersfield by amending Chapter 15.64 relative to the Uniform Fire Code, and setting date of hearing on said matter. This ordinance adopts the 1979 Edition of the Uniform Fire Code and makes certain deletions from and amendments to that Code. Upon a motion by Councilman Ratty, First reading was considered given an Ordinance of the Council of the City of Bakers- field amending Title 15 of the Municipal Code of the City of Bakersfield by amending Chapter 15.64 relative to the Uniform Fire Code, and Wednesday, July 21, 1982 at 8:00 P.M., was the date and time set for hearing on said matter, in accordance with Government Code Section 50022.3. 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 commonly known as 500 West Columbus Street. The application for this amendment was made by James L. Wattenbarger and would change subject property from an MH (Mobile- home) Zone to a C-1 (Limited Commercial) and C-2 (Commercial), or more restrictive Zones. The Planning Commission recommended approval of the zone change subject to the condition that a "six-foot-high chain link fence be installed to City Standards along the east property line adjacent to the canal within 180 days of adoption of the ordinance rezoning the property, or start of construction, whichever is sooner." Mr. Wattenbarger has signed a contract agreeing to the condition and provided the Planning Director with a registered check guaranteeing performance of the contract. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield Bakersfield, California, July 7, 1982 - Page 27 by changing the Land Use Zoning o£ that certain property in the City of Bakersfield commonly known as 500 West Columbus Street. First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Municipa~ Code changing the Land Use Zoning of that certain property in the City of Bakersfield located at the southeast corner of the inter- section of Planz Road and Stine Road and making findings in connection with a P.C.D. Zone. The application for the proposed amendment was made by Michael D. Cutbirth, requesting a change of zoning from a P.C.D. (Planned Commercial Development) Zone to an Amended P.C.D. (Planned Commercial Development) Zone, the changes having been approved by the Planning Commission (except for the change permitting left-turn onto Stine Road during the first six (6) months of shopping center operation, which was approved by the City Council on appeal). First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Municipal Code changing the Land Use Zoning of that certain propertly in the City of Bakersfield located at the southeast corner of the intersection of Planz Road and Stine Road and making findings in connection with a P.C.D. Zone. Adoption of Resolution No. 69-82 of the Council of the City of Bakers- fie~d regarding transfers of Property Tax Revenues upon City of Bakersfield Annexations filed after January 1, 1978 but on or before January l, 1979. "AB 8" provides for the negotiation of exchange of Property Taxes between the City and County in regards to annexations. "AB 8" also provided for the transfer of Property Tax Revenues incident to annexations, which were filed with the State Board of Equalization after January l, 1979, but before July 24, 1979 (the effective date of "AB 8"). All such annexations were entered on the Property Tax rolls automatically before the procedure initiated by "AB 8." Bakersfield, California, July 7, 1982 - Page 28 267 Those "pre-AB 8" annexations fall into two separate categories: 1) those which were filed a£ter January l, 1978, but on or before January 1, 1979; and 2) those which were filed after January 1, 1979, but before July 24, 1979. The adoption of this resolution will conclude the transfer of Property Taxes with regards to Category No. 1 and will permit reflection in 1982-83 tax apportionments. This resolution was approved by the Board of Supervisors on Tuesday, June 29, 1982. Upon a motion by Councilman Christensen, Resolution No. 69-82 of the Council of the City of Bakersfield regarding transfer of Property Tax Revenues upon City of Bakersfield Annexations filed after January 1, 1978 but on or before January 2, 1979, was adopted by the following roll call vote: Councilmen Ratty, Rockoff, Means, Payne None None Ayes: Noes: Absent: Strong, Barton, Christensen, Adoption of Resolution No. 70-82 of the Council of the City of Bakers- field regarding transfer of Property Tax Revenues upon City of Bakersfield Annexations filed after January l, 1979 but before July 24, 1979. "AB 8" provides for the negotiation of exchange of Property Taxes between the City and County in regards to annexations. "AB 8" also provided for the transfer of Property Tax Revenues incident to annexations, which were filed with the State Board of Equalization after January l, 1978, but before July 24, 1979 (the effective date of "AB 8"). All such annexations were entered on the Property Tax rolls automatically before the procedure initiated by "AB 8." Those "pre-AB 8" annexations fall into two separate categories: 1) those which were filed after January l, 1978, but on or before January 1, 1979; and 2) those which were filed after January l, 1979, but before July 24, 1979. Bakersfield, California, July 7, 1982 - Page 29 Ayes: Noes: The adoption of this resolution will conclude the transfer of Property Taxes with regards to Category No. 2 and will permit reflection in 1982-83 tax apportionments. The resolution was approved by the Board of Supervisors on Tuesday, June 29, 1982. Upon a motion by Councilman Rockoff, Resolution No. 70-82 of the Council of the City of Bakersfield regarding transfer of Property Tax Revenues upon City of Bakersfield Annexations filed ater January l, 1979 but before July 24, 1979, was adopted by the following roll call vote: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne None Absent: None Approval of Negative Declaration for the Stockdale Trunkline Project and Assessment District. Tenneco Realty Development Corporation proposes to construct a primary interceptor sewer from the City of Bakersfield'.s Treatment Plant No. 3 northerly into Southwest Bakersfield to serve areas within both the City and unincorporated Kern County areas. The primary service area comprises approximately 3,100 acres. A proposed Assessment District is to include the primary service area, with the exception of Cal State College, and an ex- tended area west of Buena Vista Road. In answer to a question by Councilman Rockoff, Director of Public Works Hawley stated this project will not create any problems as long as the City proceeds with the commitments that it has already made to provide sewer service to the land already within the City Limits, and proceed with plans for of Treatment Plant No. 3. Upon a motion by Councilman Payne, for the Stockdale Trunkline Project and Assessment approved. the long-term expansion Negative Declaration District, was Bakers£ield, California, July 7, 1982 - Page 30 269 Adoption of Resolution No. 71-82 of requesting approval of Resolution of Intention and Boundary Map and consent to the undertaking of proceedings for the acquisition of Sewer Facilities Improvements - City of Bakersfield Assessment District No. 82-1. As a portion of the property proposed for inclusion in the Assessment District is located in unincorporated territory of the County of Kern, consent of the Board of Supervisors is required before proceeding to include such property in the Assessment District. Upon a motion by Councilman Ratty, Resolution No. 71-82 requesting approval of Resolution of Intention and Boundary Map and consent to the undertaking of proceedings for the acquisition of Sewer Facilities Improvements - City of Bakersfield Assessment District No. 82-1, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None Absent: None Approval of Agreement with Tenneco Realty Development Corporation for acquisition of certain public improve- ments Stockdale Sewer Trunkline Project. This agreement requires Tenneco to construct the project and obligates the City fo conduct proceedings for £ormation of an Assessment District. If the Assessment District proceedings are successfully completed, Tenneco will be repaid the construction costs from proceeds of bond sales, retirement of which bonds shall be the obligation of owners of properties benefited. Mr. Ed Wilson, Civil Engineer for Tenneco Realty Develop- ment Corporation, answered questions of Councilman Strong regarding the bids for construction of this project. He stated the construct~Lon work would be awarded to the lowest responsible bidder. Upon a motion by Councilman Ratty, Agreement with Tenneco Realty Development Corporation for acquisition of certain public improvements - Stockdale Sewer Trunkline Project, was approved and the Mayor was authorized to execute same. 270 Bakersfield, California, July 7, 1982 - Page 31 Ayes: Noes: None Absent: None Adoption of Resolution No. 72-82 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield, identified as Annexation No. 285 (Rio Bravo No. 2). This annexation consists of approximately 53 acres locate~d south of Highway 178 and east of and including a portion of Mira- monte Drive and is necessary due to a survey location error dis- covered in the original 1977 Rio Bravo Annexation to the City. This placed a portion of the Rio Bravo Golf Course and future residential development plan, approved by the City, within the unincorporated County area. On June 17, 1982, the Planning Com- mission recommended approval of the annexation. Upon a motion by Councilman Rockoff, Resolution No. 72-82 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. 285 (Rio Bravo No. 2), was adopted by the following roll call vote: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Approval of Amendment to Agreement No. 81-150 between the City of Bakersfield and Bakersfield S.P.C.A. for Animal Control. The City wishes to retain the services of the S.P.C.A. as Poundmaster for the City according to the terms and conditions of Agreement No. 81-150. This amendment is necessary to continue the terms of that agreement (including the rate of remuneration to the S.P.C.A.), on a month-to-month basis and until such time as a new agreement may be made. Upon a motion by Councilman Payne, Amendment to Agreement No. 81-150 between for Animal Control, execute same. the City of Bakersfield and Bakersfield S.P.C.A. was approved and the Mayor was authorized to Bakersfield, California, July 7, 1982 - Page 32 27.1 Approval of Agreement between the City of Bakersfield and Kaye Brundage for instruction in Aerobic Fitness for three Wednesdays at Beale Park. Upon a motion by Councilman Rockoff, Agreement between the City of Bakersfield and Kaye Brundage for instruction in Aerobic Fitness for three Wednesdays at Beale Park, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and Peggy Poston for instruction in Aerobic Fitness for three Wednesdays at Beale Park. Upon a motion by Councilman Christensen, Agreement between the City of Bakersfield and Peggy Poston for instruction in Aerobic Fitness for three Wednesdays at Beale Park, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and Kurt Nielsen for Tennis Instruction for five weeks at the West High School Tennis Courts. Upon a motion by Councilman Christensen, Agreement between the City of Bakersfield and Kurt Nielsen for Tennis Instruction for five weeks at the West High School Tennis Courts, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and Dan Pace for instruction in Body Conditioning on an on-going basis at 2722 Chester Avenue. Upon a motion by Councilman Christensen, Agreement between the City of Bakers£ield and Dan Pace for instruction in Body Conditioning on an on-going basis at 2722 Chester Avenue, was approved and the Mayor was authorized to execute same. Councilman Rockoff abstained from voting on this matter. Approval of Agreement between the City of Bakersfield and Angelina Quintana for instruction in Mexican Cooking for two Saturdays at the California Avenue Park Neighborhood Facility. Upon a motion by Councilman Christensen, Agreement between the City of Bakersfield and Angelina Quintana for instruction 27'2 Bakersfield, California, July 7, 1982 - Page 33 in Mexican Cooking for two Saturdays at the California Avenue Park Neighborhood Facility, was approved and the Mayor was authorized to execute same. Approval of 1982-83 Domestic Water Enterprise Operation and Capital Outlay Budget for the Ashe Division and Deferment of scheduled Rate Increase for 90 days. This budget was prepared based on the current rate schedule which sets a 10% rate increase effective July 1, 1982. Due to estimated 1982-83 power costs being less than originally estimated, the budget shows a balance of $147,000. The Water Board has reviewed the budget and estimated fund balance and recommends the Council adopt the budget and defer the scheduled rate increase for 90 days. At the end of the 90 days the scheduled rate increase will be reevaluated. Upon a motion by Councilman Barton, 1982-83 Domestic Water Enterprise Operation and Capital Outlay Budget for the Ashe Division, was approved; and scheduled rate increase, was deferred Councilman Means voted in the negative on this for 90 days. motion. Approval of 1982-83 Domestic Water Enterprise Operation and Capital Outlay Budget for the Fairhaven Division. This budget was approved and recommended to Council for adoption by the Water Board on June 30, 1982. This water system was accepted by Council action on June 9, 1982, and California Water Service Company has commenced its operation of the system, in accordance with Agreement No. 82-55 with the City. Upon a motion by Councilman Barton, 1982-83 Domestic Water Enterprise Operation and Capital Outlay Budget for the Fairhaven Division, was approved. Councilman Means voted in the negative on this motion. Bakersfield, California, July 7, 1982 - Page 34 273 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:45 P.M. ATTEST: MAv~~ ~ Calif. PHILIP KELMAR CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma '274 Bakersfield, California, July 21, 1982 Minutes of a Special Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., July 21, 1982. The meeting was called to order by Mayor Shell. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Absent: Councilman Strong EXECUTIVE SESSION The Council recessed to an Executive Session for consultation with Gene Bell, City's Labor Negotiator, regarding Labor Negotiations. The Special Council Meeting was reconvened at 7:43 P.M. ADJOURNMENT Upon a motion by Councilman Means, the Special Council Meeting was adjourned at 7:45 P.M. MAYOR ity o Bakersfield, Calif ATTEST: CITY CLERK arid Ex ~fficio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, July 21, 1982 275 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., July 21, 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 Rockoff, Barton, Christensen, Means, Payne, Ratty Absent: Councilman Strong Minutes of the regular meeting of July 7, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Bill L. Williams, Superintendent of Panama Union School District, requested adoption of an ordinance that would comply with SB 201, which authorizes the Council to require dedication of land or fees, or both, by subdividers and builders whose new developments cause overcrowded conditions in schools. Upon a motion by Councilman Payne, request from Panama Union School District for an ordinance complying with SB 201, was referred to the Budget Review and Finance Committee for study and recommendation. Mr. Lee Wilson, 911 Oak Street, outlined some of the positive things Cox Cable TV is doing for the residents of this community and suggested that the Council take the time to find out what they are doing in order to answer questions of the public. Councilman Christensen asked when the Council can expect a report from the Head Office of Cox Cable TV. Councilman Rockoff stated a letter has been received from the District Office of Cox Cable Communications and it will be read during Council Statements. Mr. Bettie Wells, Chairman of the Mayor's Beautification Committee, and Mr. Graham Kaye-Eddie presented the Council with a sample City Flag and requested that the committee studying this and the City Flower, Bird and Colors make a recommendation as soon as possible. 276 Bakersfield, California, July 21, 1982 - Page 2 Upon a motion by Councilman Rockoff, sample City Flag was referred to the Budget Review and Finance Committee for consideration and recommendation back to the entire Council as soon as possible. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Edna Dewey Tillyet, 2615 - 18th Street, regarding transfer point for Golden Empire Transit District, was received and referred to the Voucher Approval Committee. Upon a motion by Councilman Rockoff, communication from Mary D. Raney & Barbara Beasley, 2909 La Costa Street, Apt. B, dated July 7, 1982, protesting the contracting of garbage and trash pickup by Howard's Garbage Service in Northeast Bakersfield, was received and referred to the Public Works Department. Upon a motion by Councilman Ratty, communication from Thomas M. Miller, 3712 Lillian Way, dated July 9, 1982, protesting the moving of the Police Pistol Range and Picnic Area to the current location of the Nomad Bowmen's Archery Range, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication from Katz, Hollis, Coren & Associates, Inc., dated July 13, 1982, sub- mitting the complete draft of the Lakeview Avenue Neighborhood Redevelopment Feasibility Study, was received and referred to staff for study and recommendation. Upon a motion by Councilman Christensen, communication from Kern River Riders, P.O. Box 5142, dated July 14, 1982, sub- mitting a proposal for an Equestrian/Hiking Trail, was received and referred to the Public Works Department for study and recom- mendation. Upon a motion by Councilman Payne, communication from Mike Root, Project Manager of Bakersfield RIDES, State Department of Transportation, dated July 14, 1982, regarding a new community service program for the downtown shopping area, was received and referred to the Business Development and Parking Committee. Bakersfield, California, July 21, 1982 - Page 3 277 Upon a motion by Councilman Rockoff, petition from residents of Copperwood Lane, dated June 30, 1982, requesting that a discrepancy in the name of their street be corrected, was received and referred to the Planning Department. Upon a motion by Councilman Christensen, communication from Borton, Petrini & Conron, Attorneys at Law, 1712 19th Street, dated July 19, 1982, regarding litigation to force the Council to rescind the third amendment to the Downtown Redevelopment Plan, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Rockoff reported that at the request of the Council the Budget Review and Finance Committee recently met with Cox Cable TV representatives to discuss numerous complaints received from customers regarding service. During discussions the Committee requested that Cox Cable respond, in writing, as to the steps they intend to take in the areas of customer relations, customer accessibility to the offices, response to customer com- plaints and what steps they intend to take to inform their customers how their system is being rebuilt. As a result of the requests correspondence was received from Cox Cable TV's Regional Office. Councilman Rockoff read the following letter into the record: July 6, 1982 Councilman Arthur Rockoff, Chairman Budget Review & Finance Committee City of Bakersfield 1501Truxtun Avenue Bakersfield, California Dear Councilman Rockoff: It was a pleasure meeting you and the other members of the Budget Review and Finance Committee last Thursday. While I did not enjoy the reason for our meeting, I did want to follow-up, in writing, with our commitment to improve the present Customer Relations problems in Bakersfield. The following changes have been or will be implemented to improve Customer accessability to our offices. Bakersfield, California, July 21, 1982 - Page 4 1. Telephones: We will be adding three (3) additional lines to the existing Business office number. This will bring to seven (7) the lines available for incoming calls. This work will be completed by July 23 (or sooner depending on P. T. & T.'s workload.) The Repair number (separate from the Business number) will be manned by a Repair Dispatcher from 8:30 a.m. until 7:00 p.m. (presently operational from 8:30 a.m. to 5:00 p.m.). This will enable those sub- scribers experiencing technical problems to talk to an employee and he in turn can communicate with the Technician(s) working in the system. This will be effective Tuesday, July 6. We have requested the telephone company to do a "Busy Study" to help determine: 1. Total calls received on a daily basis. 2. Number of calls lost due to busy lines. 3. The hours most impacted by heavy phone traffic. 4. Development of a new phone system in the relocated Business office. 5. Staffing. This Survey will commence when the additional lines are installed. Development of a mailer to all subscribers informing them of the added phone capacity, expanded Repair Service, and a list of all phone numbers. Expected to be mailed by July 24th. 2. Business Office: I have instructed Howard to extend our business hours to 6:00 p.m. daily (presently 8:30 a.m. to 5:00 p.m.). This extra hour will be devoted to paperwork which is normally done during normal business hours. The effect of this will be to add staff in answering the phones from 8:30 a.m. to 5:00 p.m. This change will be effective July 12th. The office will continue to be open to the public from 8:30 a.m. to 5:00 p.m. Bakersfield, California, July 21, 1982 - Page 5 279 We are committed to relocating our Business office to a larger facility. Howard has been working with local realtors for the past several weeks on this. We are interested in two properties and could be in one or the other within 60 days if all goes well. I will have Howard keep you advised as to our progress. 3. Technical Service: We presently have eight (8) service technicians who are available daily (Monday through Friday) to run service calls. We work over- time every day until all no picture calls are completed. The added repair hours described will enable us to be even more responsive to our sub- scribers. No picture calls are a priority with us. While this number has increased as a direct result of the rebuild, our response time has not. We will continue to staff accordingly. 4. Rebuild: Our system rebuild continues at an accelerated pace. We anticipate completion of the rebuild by the end of October. Everything possible is being done to insure a minimum of service interruptions. I must, however, caution you that there will continue to be problems until this rebuild is complete. I hope this response to our meeting Thursday and corrective actions by Cox will help convince you and members o£ the City Council that we do take our responsibilities seriously. We do recognize that there are problems and are commuted to resolving them. Howard Channell will be in contact with each member of the Council and City staff to review our progress and solicit input as to potential problems areas. I want to assure you that my staff and I will more closely monitor the Bakersfield situation and do whatever is necessary to turn the present situation around. Sincerely, Gary A. Hokenson Vice President, Southwest Region Bakersfield, California, July 21, 1982 - Page 6 Councilman Rockoff stated that as far as the Committee is concerned this letter is strictly a public interim update of what is happening and the matter is not closed. The Committee is still concerned that the citizens of Bakersfield receive excellent service from Cox Cable TV. Councilman Christensen read a letter into the record addressed to the General Manager of Cox Cable TV from Ward Fulcher, 2925 Roanoke Court, dated July 14, 1982, regarding a recent experience he had with Cox Cable TV, as follows: July 14, 1982 General Manager Cox Cable TV 1615 "V" Street Bakersfield, Calif. 93301 Dear Sir: I understand that Cox is severely cramped for space, and that causes problems such as in- sufficient switchboards, but a recent experience I had convinces me that your problems are not confined to space, Thursday, July 8, a crew came through stringing new cable through the back yard. In the process, the cable to my house was cut and just lying in the yard. I didn't notice at the time, and when, later in the day, I discovered it, I called the Cox office. The young lady who answered said that I should call the plant, and gave me the number. I called, and the young man who answered wasn't particularly concerned, and when I told him that when something like a cut cable occurred, I expected someone to be sent out to fix it immediately. It wasn't as though I were waiting for my turn to have cable installed, after all. The young man said that that was impossible, because 5 o'clock was quitting time. He said that he'd try to phone a truck, but he couldn't phone as long as I had him tied up on the phone. No truck. Friday I called and was told to phone the plant. The same man answered and told me this time that it wasn't his business, because the cable had been cut by a company hired by Cox, so it was up to that company. That, of course, is nonsense. A company contracted by you is responsible to you, not to me, and you are responsible to the guy who sends you payments, me. Next I had a good experience when I called your office, because I talked to a very helpful young lady named Cindy. I explained everything to her, and she asked me to hold on while she checked with someone. When she came back on, she said that crews were out for the day, but someone would definitely come by that evening. Good, right? No. No one came by, thus ensuring that I had no cable for the weekend. Monday, I Bakersfield, California, July 21, 1982 - Page 7 again called Cindy, who had me hold again. When she came back on, she said that for sure some one would be by that evening. No such luck. Repeat Tuesday. I called again Wednesday and Cindy, after talking with someone, told me that I had the personal guarantee of someone whose name I don't recall that it would be done that afternoon, and, sure enough a man came about ten minutes after we hung up. Six days to do a fifteen minute job? Incidentally, the man who came out was courteous and competent. I think that Cox Cable has a serious problem with the company it contracts to string its cable. Several weeks ago, when they strung the support cable, they pulled my cable from the house, thus necessity of a Cox worker. It isn't a big job and I'm not really lazy, but I am in a wheel chair. Again, the man from Cox was considerate. We were preparing for a back yard wedding reception for our daughter, and he said that it would look better if less visible, so he mounted it higher, which we appreciated. Both the crew that strung the support cable and the later cable had one thing in common: They were garbage mouths. They didn't use any words that were so exotic I didn't know them; in fact, I must admit that, when pushed too far, I've even used them, but I choose the occasion, environment, and people present. I don't expect to hear " " and " " yelled back and forth by people working in my yard. This isn't my imagination, because my neighbor commented on the same thing. One more thing about them: This may be im- practical, but it seems we should be told when our yard is to be entered. Because our yard is completely private, it is not unusual for us to take off our swimsuits while still out- side the house. The lady next door said that she does the same. When P. G. & E. have come in to prune trees, they always let us know in advance. Ironically, two days before the cut cable incident, I let Cox install the black box that gives me all of those extra stations. Following my recent experience, I will appreciate it if you will have someone pick it up. I expect you to reimburse me the $12.50 I paid to have it installed as well as for the six days during which I had no cable at all. Or you can simply credit my next bill, if you wish. When I hear from you, I will send photocopies to the people listed below so they will have both sides of the story. Sincerely Ward Fulcher 2925 Roanoke Court Bakersfield, Calif. 93306 Bakersfield Better Business Bureau Mayor Mary K. Shell Councilmen Rockoff, Christensen, Means, Ratty, Strong, Payne, Barton 282 Bakersfield, California, July 21, 1982 - Page 8 REPORTS Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 4-82 regarding Increased Benefit for Fire Department Retired Employees Covered Under the City's Relief and Pension Fund, as follows: Recently, the City Council received correspondence from Mary K~ Shell, Chairman of the Board of Trustees of the City of Bakers£ield's Relief and Pension Fund for the Fire Department. The correspondence from Chairman Shell conveyed the action taken by the Board of Trustees whereby the Board unanimously voted to request the City Council amend Chapter 2.92 of the Municipal Code to grant an increase to the retirees. Prior to the Board of Trustees' action, the Board had an actuarial study performed to determine the feasibility of granting additional benefits to retirees under the fund. Benefits studied included a one-time 10% increase as well as an ongoing 2% cost of living increase. The actuarial study determined sufficient assets are available within the system to fund the increase of benefits. The Committee also noted the proposed increase in benefits would bring the level of benefits to a level commensurate with those received by retirees under the Public Employees Retirement System (PERS). Therefore, based upon the results of the actuarial study and the request of the Board of Trustees, the Governmental Efficiency and Personnel Committee is recommending City Council approve the benefit increase effective with the payment received by retirees on July 31, 1982. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 4-82 regarding Increased Benefit for Fire Department Retired Employees Covered Under the City's Relief and Pension Fund, was accepted; and benefit increase effective with the payment received by retirees on July 31, 1982, was approved. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 9-82 regarding "K" Street Garage Monthly Parking Rates, as follows: Recently, the City Council approved a recom- mendation by this Committee to" . maintain rental rates consistent and representative of £air rental rates for such parking spaces Bakersfield, California, July 21, 1982 - Page 9 2S3 leased on a monthly basis in the downtown area." It was the Council's feeling that by doing so, would encourage the development of parking by private enterprise. Subsequent to this action, the City Council has adjusted various lease agreements to reflect a $30 per month rate for parking spaces leased on a monthly basis in the downtown area. Pursuant to an attempt to maintain consistent monthly parking rates in the downtown area, this Committee has reviewed monthly rental rates at the "K" Street Garage. We noted there are 51 parking spaces currently leased on a monthly basis, and there is a waiting list of 70 applicants. Those spaces exposed to the sun rent for $15 per month and those protected from the sun rent for $20 per month. This Committee feels it important to maintain the consistency referred to earlier, therefore, we recommend the City Council increase the monthly rental rate to $30 for all 51 parking spaces. We further recommend the increase be effective October l, 1982, and that staff be directed to notify all affected tenants with their August billings. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 9-82 regarding "K" Street Garage Monthly Parking Rates, was accepted; and rental rates for all 51 parking spaces was increased to $30.00 per month, effective October 1, 1982, and staff was directed to notify all affected tenants with their August billing. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 11-82 regarding Downtown Improvement District - 1982-83 Proposed Budget, as follows: At the request of businesses located in the Downtown Area, a Business Improvement District was established in July, 1968, and is defined in Chapter 5.04 of the Municipal Code of the City of Bakersfield. The "purpose and intent" of the businesses wishing to establish the Business Improvement District was to impose a tax upon those businesses within the District and to use proceeds for promotional activities within a District. Also, the collection of the additional tax shall be made at the same time and in the same manner as any other Business License Tax In addition, the City Code provides that the City Council shall have sole discretion as to how the monies derived from this tax are to be used within the scope of the purpose defined in the City Code. Based upon projected revenues, a budget for the use Bakersfield, Cali£ornia, July 21, 1982 - Page 10 of the projected revenues is prepared annually. At the City Council Meeting of July 7th, the Downtown Business Association submitted the 1982-83 proposed budget. The City Council referred the matter to the Business Development and Parking Committee. This Committee has met with Kathy Butler, Office Manager of the Downtown Business Association to review the proposed budget. After reviewing the budget, we conclude the budget is consistent with the purpose and intent as set forth in the Municipal Code. Therefore, this Committee recommends the City Council approve the 1982- 83 proposed budget for the Downtown Improvement District. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 11-82 regarding Downtown Improve- ment District - 1982-83 Proposed Budget, was accepted; and proposed. 1982-83 Budget for the Downtown Improvement District, was approved. Councilman Ratty, member of the Intergovernmental Relations Committee, read Report No. 5-82 regarding Lease on Senior Citizens' Properky, as follows: At the June 23, 1982, City Council Meeting, Council received a request from the Bakersfield Association for Retarded Citizens (BARC) to lease part of the Bakersfield Senior Citizens' property on 4th Street. This request was referred to the Intergovernmental Relations Committee for further study and recommendation. On July 2nd, this Committee met with staff to discuss BARC's request. Discussions centered on whether or not this lease would interfere with the development of the Senior Citizens' Center, an appropriate price for this property, and the length of the lease. Staff has assured us that the property in question is not included in the first two development phases for the Senior Center, and would be available for at least two years. An outside appraisal of the property was made and was slightly higher than BARC's proposal. They had proposed $1,009 per month, however, through negotiations, they have agreed to $1,100 per month. Based on these facts, the Intergovernmental Relations Committee is recommending Council approval for the Mayor to sign the lease agreement with BARC, which will lease property west of the Senior Citizens' Facility, con- taining shop buildings and storage yard, for a one year period with an option for one addi- tional year at $1,100 per month. Bakersfield, California, July 21, 1982 - Page ll Upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report No. 5-82 regarding Lease on Senior Citizens' Property, was accepted; and Lease Agreement with BARC for property west of the Senior Citizens' Facility, containing shop buildings and storage yard, for a one year period with an option for one additional year at $1,100 per month, was approved and the Mayor was authorized to execute same. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 9-82 regarding New Park Policy, as follows: At the last meeting of the City Council, this Committee gave a report regarding the City's policy for development of new parks. This report was not acted on due to the need for additional clarification regarding the Committee's recommendation. As was pointed out in the report two weeks ago, the City Council adopted a policy in 1981 whereby future developments provide for financing of construction and maintaining new park sites by use of Maintenance Districts. Since that time, one Park Maintenance District has been formed, one is in the process of being formed, and several others are being proposed. This policy appears to be working satisfactorily where the size of development justifies the developer paying the construction cost and then transferring the maintenance cost to new home owners through Maintenance Districts. A problem exists, however, in areas such as the Fairfax/Morning Drive area and the Panama Lane area where smaller developments do not justify dedication and construction of a park by a single owner. The staff has expressed its concern that these areas are developing without provisions being made for parks. In addition, some developers have expressed their willing- ness to participate in park development as long as each developer pays his fair share for the cost. The Planning Commission has expressed their concern on this matter and has requested that the City Council offer some direction along these lines. The Auditorium-Recreation Committee has re- evaluated this issue and we are suggesting that the Council recommend the adoption of a policy for newly developing areas not served by an existing park which would require the formation of a Park Maintenance District and the dedica- tion of land and/or fees to be paid for the purpose of providing park facilities as a condition of the approval of a final subdivision or parcel map. 286 Bakersfield, California, July 21, 1982 - Page This Committee further recommends that the Planning Commission be directed to prepare a Recreational Element of the General Plan and develop standards for dedication of land and/or fees to be paid for the purpose of providing park or recreational facilities to serve sub- divisions. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 9-82 regarding New Park Policy, was accepted; and recommendations as outlined in the report, were approved. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 23-82 regarding Designation of Participating Lending Institution for Commercial Rehabilitation Program, as follows: On July 13, 1982, this Committee met and dis- cussed the issue of designating a lending institution to participate with and administer the City's Commercial Revitalization Program. Staff made a report at that time during which eight separate issues were discussed in order to compare the strengths o£ the two lenders being considered for participation in this program. The issues covered included flexi- bility of the bank to work within the para- meters of the City's desired revitalization program; cooperation indicated by the banks in meeting all the goals and providing the necessary tools; loan to value ratio provided by each of the finalists; City responsibility relative to each of the proposals; fees required of each of the banks; interest rates of proposals under the various programs; and the amount of fund leveraging that was proposed by each of the lenders. Based on an evaluation of these factors; it was determined that Crocker Bank clearly indicated the strongest alternative in providing the City with a well balanced workable Commercial Revitalization Program. We are, therefore, recommending the designation of Crocker Bank as the participating lender for this program, and recommending approval of the agreement that established the working relation- ship between the City of Bakersfield and Crocker National Bank. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 23-82 regarding Designation of Participating Lending Institution for Commercial Rehabilitation Bakersfield, California, July 21, 1982 - Page 13 Program, was accepted; Crocker National Bank was designated as participating lender for this program; and Agreement with Crocker National Bank establishing the working relationship with the City of Bakersfield, was approved and the Mayor was authorized to execute same. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 24-82 regarding Request for Inducement Resolution from Planz Village Community Center, as follows: On July 1, 1982, this Committee considered the request submitted by Planz Village Community Center requesting consideration and approval of an Inducement Resolution that would allow the issuance of tax exempt bonds for the purpose of financing a commercial-retail center on the northeast corner of New Stine and Planz Roads. During this consideration, the Committee was unable to justify this project based on the five major criteria established by the City Council. These criteria deal with, 1) creation of job intensive industry; 2) upgrading of existing structures, businesses or £acilities; 3) construction activity in economically impacted areas; 4) when the issuance of these bonds or notes will induce or encourage growth in a sector of our community that has not experienced growth; and 5) when the issuance of these bonds or notes will result in the re- use of existing structures of architectural or historic significance. After considerable discussion regarding the merits of this project, relative to the standards and guidelines established by the City Council, it is the feeling of this Committee that it would be inappropriate to use tax exempt financing resources in an area that has experienced considerable growth and expansion through the use of conventional financing mechanisms. For this reason, this Committee has determined that it cannot recommend approval of the requested Inducement Resolution. Councilman Rockoff made a motion that Budget Review and Finance Committee Report No. 24-82 regarding Request for Induce- ment Resolution from Planz Village Community Center, be accepted. Councilman Payne stated that anywhere in Kern County would be economically affected, at this time, by g multi-million dollar project that will create 615 new jobs, $8,000,000.00 in Bakersfield, California, July 21, 1982 - Page 14 major construction contracts for local contractors and $346,000 additional Sales Tax Revenue for the City of Bakersfield. South- west Bakersfield has been growing, however, it has stagnated like the rest of the County in recent months and this would be a good stimulus. There is a strong possibility that without the Induce- ment Resolution and resulting bonds that there may not be a project. Therefore, there would be no jobs, increased Sales Tax Revenue and $8,000,000.00 in subcontracts to the local community. Before the Council supports the Budget Review and Finance Committee's recom- mendation to deny the Inducement Resolution it should be referred to a Committee to work closely with staff to make a determination as to whether or not the project will actually be built without the Inducement Resolution or if it is vital to the completion or construction of it. This is a major decision that requires further' consideration. Councilman Rockoff stated he does not believe it was the intent of the legislation, allowing tax exempt financing, to cover this type of project. This is basically a shopping center like the ones at Stockdale Highway and California Avenue and Mr. Vernon Avenue and Columbus Street. It is being constructed in an area that is rapidly expanding. It is very difficult to believe that it will not be constructed if the Inducement Resolution does not pass. Councilman Rockoff further stated, if this is set as a precedent, he would feel almost required to allow every commercial development in the City to be given the same privilege. Mr. Michael Cutbirth, General Partner of Planz Village, stated Kern County's major industries, oil and agricultural, are both suffering severely in this recession. Drilling rigs are operating at 46% of capacity. One year ago they were operating at 100% of capacity. Every major oil company in town has made drastic budget cuts, instituted hiring freezes and commenced reductions in the number of their employees. All of this is having a negative impact on the local economy. Today jobs should be Bakersfield, California, July 21, 1982 - Page 15 created and the local economy kept strong and growing and Charter City financing is a tool to achieve that goal. Bond financing is not a subsidy. It is a tool that allows cities to create jobs, promote growth and reap all the benefits of new business through the free enterprise system. The purpose behind Federal and State legislation, authorizing cities to issue bonds, is to allow small businesses to compete with big businesses in attracting capital to qualify projects. Charter City financing is designed for and limited to small business and this source of capital has never beer~ more important to our small business system than during today's economic times. Mr. Cutbirth named several cities that have approved this type of financing and presented a copy of an ad the City of Irvine placed in the "Airport Business Report," July, 1982, requesting projects for Charter City financing. Mr. Cutbirth requested approval of the Inducement Resolution for the project. Councilman Means stated this is a mechanism that local government can use to provide an incentive for economic growth that is needed at a time when interest rates are so high that the development would not otherwise occur. His one concern is that the City does not get into financing or assisting in projects that would otherwise go ahead and be viable without those bonds, because the City would then increase the businesses profit. Councilman Means stated he is not ready to vote on the Inducement Resolution tonight and requested that Mr. Cutbirth submit to City staff the financing information so an assessment can be made as to whether the project needs the bonds to proceed. Mr. Cutbirth stated that information was submitted to the Budget Review and Finance Committee. Councilman Means offered a substitute motion that the matter of the request for an Inducement Resolution from Planz Village Community Center be referred back to the Budget Review and Finance Committee for discussions with the City Manager. After Bakersfield, California, July 21, 1982 - Page 16 further discussion this motion carried by the following roll call vote: Ayes: Councilmen Barton, Means, Ratty, Mayor Shell Noes: Councilmen Rockoff, Christensen, 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 Aye. Councilman Christensen, in clarifying his negative vote, stated he sees no need to refer this matter back to Committee and he is in favor of the Inducement Resolution. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 25-82 regarding Relocation of Police Pistol Range and Public Picnic Area Facility, as follows: On July 7, 1982, the Water and City Growth Committee submitted a report addressing the issue of relocating the Police Pistol Range and Public Picnic Area Facility to 27 acres of City property currently leased by the North Bakersfield Recreation and Park District for use by the Nomad Bowmen, Inc. Prior to taking action, the City Council referred the matter to the Budget Review and Finance Committee £or additional study and recommendation. This Committee met with staff as well as Mr. O'Neil of the'Parkway Commission and Mr. McCain of the Nomad Bowmen. We thoroughly discussed the matter and reviewed such items as the need to relocate both facilities (Pistol Range and Picnic Area), alternative locations, the use of public land by the Bowmen, should both the Pistol Range and the Picnic Area be together, and the Kern River Land Use Study currently underway. We also reviewed the preliminary estimated market value of the existing facility. Pursuant to our discussions, we concluded there are two distinct issues which should be addressed separately: 1. The need for a new Pistol Range. 2. The relocation of the Picnic Area. We concur with the conclusions of the Water and City Growth Committee inasmuch as the City needs a new Pistol Range, not only due to the City outgrowing the existing facility, but the recent development in the area of the present Pistol Bakersfield, California, July 21, 1982 - Page 17 291. Range necessitates major improvements to the facility or more appropriately, the relocation. However, this Committee feels all alternatives should be examined and studied prior to recom- mending a specific location for the facility. On the issue of the City property, this Committee concluded the 27 acres currently being leased by the Bowmen for $175 per year should more appropriately be made available for use by the general public. We recognize the recreational facility currently provided by the Bowmen, however, we believe the 27 acres along the Kern River should be available to all the residents of the City of Bakersfield and the Picnic Area currently located next to the Pistol Range could be relocated to the referred to property along the river. Therefore, this Committee recommends the City Council: Direct staff to examine alternative sites for the relocation of the Police Pistol Range and report back to this Committee. Direct Public Works Department to proceed with preliminary concept, design, and cost estimates for relocating the Picnic Area. As provided in the existing lease agreement, give a 60 day written notice of termination to the North Bakersfield Recreation and Park District. Direct staff to negotiate a month-to-month lease agreement between the City and Nomad Bowmen, Inc. Finally, this Committee recommends that no further action be taken until the Kern River Land Use Study has been completed. Councilman Rockoff made a motion that Budget Review and Finance Committee Report No. 25-82 regarding Relocation of Police Pistol Range and Public Picnic Area Facility, be received; and recommendations as outlined in the report approved. Mr. Gary McCain, President of the Nomad Bowmen Archery Club, in answer to questions by Councilman Means, stated they are more than willing to work with the City, there is no real reason they should have exclusive use of the property and they are willing to share it and their improvements on a reservation basis. Councilman Means stated the Council's intent last time was to inform the Nomad's that they could not use the property and his intent tonight is that the Council find property they can use on a nonexclusive basis. Bakersfield, California, July 21, 1982 - Page 18 In answer to a question by Councilman Christensen, City Manager Kelmar stated the Pistol Range should be moved, even though the Picnic Area is moved, due to the development in the area and safety factors. Councilman Christensen indicated he feels the real reason the City wants to move the Police Pistol Range is not for safety, but money. In response to Councilman Means' request, Councilman Rockoff amended recommendation No. 2 from the report to read as follows: 2. Direct Public Works Department to proceed with preliminary concept, design, and cost estimates for relocating the Picnic Area and work with the Nomad Bowmen to attempt to effect a joint use of the property. Mr. McCain expressed the Nomad Bowmen's concern that the lease of the property will go up so high they cannot affort to stay at that location. Councilman Rockoff stated there may be some consideration given to an increase in the amount of the lease, but it is not the intent of the City to try to put them out of business financially. Mr. McCain requested that when the reservation policy of this area is set that they be given some type of priority, because they presently use the property often. Councilman Rockoff's amended motion that Budget Review and Finance Committee Report No. 25-82 regarding Relocation of Police Pistol Range and Public Picnic Area Facility, be accepted; staff directed to examine alternative sites for relocation of the Police Pistol Range and report back to the Budget Review and Finance Committee; Public Works Department directed to proceed with preliminary concept, design and cost estimates for relocating the Picnic Area and work with the Nomad Bowmen to attempt to effect a joint use of the property; a 60-day written notice of termination be given to the North Bakersfield Recreation and Park District, as provided in existing lease agreement; staff directed to negotiate Bakersfield, California, July 21, 1982 - Page 19 293 a month-to-month lease agreement between the City and Nomad Bowmen, Inc.; and no further action taken on this matter until the Kern River Land Use Study is completed, was approved. Mayor Shell declared a brief recess at 9:50 P.M. and reconvened the meeting at 10:00 P.M. City Manager Kelmar reported the Bakersfield Art Association is planning a major renovation of the Cunningham Art Gallery and has requested the use of City General Services personnel to assist in electrical installation and the redecorating portion (painting and refinishing existing wall surfaces) of their plans. It is suggested that the Council approve the use of General Services staff in the electrical installation and possibly next year the Council could budget for assisting in the painting. Upon a motion by Councilman Ratty, the General Services staff was authorized to assist in the electrical installation at the Cunningham Art Gallery's renovation project. City Manager Kelmar stated an application for an Encroach- ment Permit has been received from the Downtown Business Association to drape a banner across Chester Avenue at 19th Street for one week to advertise a sidewalk sale to be held July 30 and 31, 1982. Upon a motion by Councilman Christensen, Encroachment Permit for the Downtown Business Association to drape a banner across Chester Avenue at 19th Street for one week starting July 23, 1982, to advertise a sidewalk sale, was granted. Councilmen Ratty and Rockoff abstained from voting on this matter. City Manager Kelmar stated because salary negotiations are not completed it will not be necessary to start Budget Sessions until Wednesday, July 28, 1982, and requested that the one set for Tuesday, July 27, 1982, be canceled. Upon a motion by Councilman Christensen, Budget Session set for Tuesday, July 27, 1982, was canceled. City Manager Kelmar reported that the Board of Supervisors recently took action to impose a fee for the collection of Special ':d 9 4 Bakersfield, California, July 21, 1982 - Page 20 Assessments levied by cities; such as Building Demolition, Maintenance Districts, etc. Since the passage of Proposition 13 the County has had a tremendous increase in these Special Assess- ments. In the past there was no charge for the collection, but it has become a real burden for the Auditor-Controller's Office and they are requesting that an agreement be approved levying a 15~ per parcel charge to cover the administrative cost of placing the assessment, collection and distribution of the funds. Upon a motion by Councilman Rockoff, Agreement with the County of Kern imposing a fee for the collection of Special Assess- ments levied by the City of Bakersfield, was approved and the Mayor was authorized to execute same. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 7187 to 7477 and 1 to 58, inclusive, in the amount of $1,658,355.25. (b) Claim for Damages from G. Edward Krulls and Jacqueline Krulls, Road 2, Box 40, Del Mar, New York. (Refer to City Attorney) (c) Claim for Damages from Dee Gonzales, 1900 Forrest Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Mark S. Adams, 2113 Greenwood Drive, Bakersfield. (Refer to City Attorney) (e) Claim for Personel Injuries from Linda Sue and Myron Dale Annis, 502 Beardsley Avenue, Apt. "O", Oildale. (Refer to City Attorney) (f) Map of Tract No. 4532 and Improvement Agreement with Barratt Northern California, Inc., for construction of improvements therein, located on north side of Fairview Road, west of Osbourne Street. (g) Improvement Agreement for Parcel Map No. 6581 with James A. & Pauline A. Moore for construction of improvements required by the Planning Commission, located south of Pacheco Road, on the west side of Union Avenue. (h) Improvement Agreement for Parcel Map No. 6672 with California Plaza Investors, Ltd., for construction of improvements required by the Planning Commission, located at the southeast corner of California Avenue and Marella Way. Bakersfield, California, July 21, 1982 - Page 21 295 (i) Improvement Agreement with Golden Empire Sports, Inc., for construction of improve- ments required for Conditional Use Permit No. 3761 at l100 Kern Canyon Road, adjacent to Mesa Marin Raceway. (j) Notices of Completion and Acceptance of Work on: Construction of Chemical Storage Building at the Corporation Yard, Contract No. 82-15 with McCarthy Steel Construction Company. Tract No. 4321, Unit "C", Contract No. 81-66 with Auburn Venture, located on Auburn Street east of Fairfax Road. (k) Grant Deed from Colbek Development Cor- poration providing for a drainage sump as required for Tract No. 3972, Units C and D and Tentative Tract Nos. 4396 and 4373, located south of Pacheco Road, east and west of Akers Road. (i) Application for Encroachment Permit from Beef and Beanery, a partnership, c/o Skip and Rick Slayton, 200 Roberts Lane, Oildale, for construction of an awning type over- hang over the sidewalk area at 1919 "K" Street. (m) Application for Encroachment Permit from Warren Newbury, 5405 Appletree Lane, Bakersfield, for construction of a 36 inch open weave chain link fence behind the existing sidewalk at 5405 Appletree Lane. (n) Plans and Specifications for construction of Restroom Modifications at the City Corporation Yard. (o) Agreement with Anderson, Clayton, Inc., for assignment of crops by Gary Garone and Garone Farms and Cattle Company at the Sewer Farm. 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 Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong Bakersfield, California, July 21, 1982 - Page 22 DEFERRED BUSINESS Adoption of Ordinance No. 2756 New Series of the Council of the City of Bakersfield amending Title 8 of the Municipal Code of the City of Bakers- field by amending Section 8.44.050 B.7. of Chapter 8.44 relative to Sale of Safe and Sane Fireworks. Upon a motion by Councilman Rockoff, Ordinance No. 2756 New Series of the Council of the City of Bakersfield amending Title 8 of the Municipal Code of the City of Bakersfield by amending Section 8.44.050 B.7. of Chapter 8.44 relative to Sale of Safe and Sane Fireworks, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong Adoption of Ordinance No. 2757 New Series of the Council of the City of Bakersfield repealing Chapter 15.08 relative to Fire Zones. Upon a motion by Councilman Christensen, Ordinance No. 2757 New Series of the Council of the City of Bakersfield repealing Chapter 15.08 of the Bakersfield Municipal Code relative to Fire Zones, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong Adoption of Ordinance No. 2758 New Series of the Council of the City of Bakersfield amending Title 15 of the Municipal Code of the City of Bakers- field by amending Chapter 15.64 relative to Fire Zones. Upon a motion by Councilman Christensen, Ordinance No. 2758 New Series of the Council of the City of Bakersfield amending Title 15 of the Municipal Code of the City of Bakersfield by amending Chapter 15.64 relative to Fire Zones, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong Bakersfield, California, July 21, 1982 - Page 23 297 Adoption of Ordinance No. 2759 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of certain property in the City of Bakersfield commonly known as 500 West Columbus Street. The application for this amendment was made by James L. Wattenbarger and would change subject property from an MH (Mobile- home) Zone to a C-1 (Limited Commercial) and C-2 (Commercial) Zones. The Planning Commission recommended approval of the zone change subject to the condition that a 6 foot high chain link fence be installed to City Standards along the east property line adjacent to the canal within 180 days of adoption of the ordinance rezoning the property or start of construction, whichever is sooner. Mr. Wattenbarger signed a contract agreeing to the condition and provided the Planning Director with aregistered check guaranteeing performance of the contract. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2759 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of certain property in the City of Bakersfield commonly known as 500 West Columbus Street, finding said zonings consistent with the General Plan, were adopted by the following roll call vote.: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong Adoption of Ordinance No. 2760 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 bounded by 40th Street to the north, "Q" Street to the east, abandoned 38th Street to the south, and "O" Street to the west (Conditional). This ordinance was given first reading at the Council 1981. Meeting of December 2, Bakersfield, California, July 21, 1982 - Page 24 by 40th Street to the north, "Q" Street to the east, 38th Street to the south, and "O" Street to the west finding said zoning consistent with the General Plan, by the following roll call vote: The application for this amendment was made by Bruce Benna and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. Mr. Benna has entered into a contract with the City to assure installation of improvements as required by Conditional Zoning approved by the Planning Commission. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2760 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 bounded abandoned (Conditional), were adopted Councilmen Rockoff, Barton, Christensen, Ratty Means, Payne, Ayes: Noes: Absent: None Councilman Strong NEW BUSINESS Adoption of Resolution No. 73-82 of the Council of the City of Bakers- field accepting equipment, grant deed and easements relative to Fair- haven Water Distribution System. Acceptance by the City of the easements, grant deed and other water related equipment completes the condition within Agree- ment No. 80-36 for the acquisition, construction, operation and financing of the Fairhaven Water Distribution System within Fair- haven Industrial Fire Protection District. Upon a motion by Councilman Payne, Resolution No. 73-82 of the Council of the City of Bakersfield accepting equipment, grant deed and easements relative to Fairhaven Water Distribution System, Ayes: Noes: was adopted by the following roll call vote: Councilmen Rockoff, Barton, Christensen, Means, Ratty None Payne, Absent: Councilman Strong Bakers£ield, California, July 21, 1982 - Page 25 .99 Reception of Certificate of Election from Kern County Clerk o£ Results of Special Municipal Election for City Measures "A" and "B", held on June 8, 1982. The results of the election were as follows: YES NO TOTAL MEASURE "A" 19,661 4,172 23,833 (Charter Amendment) MEASURE "B" (Advisory Measure) 15,029 7,680 22,709 Upon a motion by Councilman Christensen, Certificate of Election from Kern County Clerk of all Votes Cast for City of Bakersfield's Special Municipal Election, at the State Direct Primary Election held on the 8th day of June, 1982, was received, ordered placed on file and the results spread on the minutes. Adoption of Resolution No. 74-82 of the Council of the City of Bakers- field declaring the results of Canvass of Returns of the Special Municipal Election for Measures A and B held on the 8th day of June, 1982. This resolution accepts the Canvass of Election Returns of the Special Municipal Election as certified by the Kern County Clerk. It declares the results of the City Charter Amendment (Measure A) and Advisory (Measure B) Election, as follows: MEASURE "A" PASSED MEASURE "B" PASSED Upon a motion by Councilman Christensen, Resolution No. 74-82 of the Council of the City of Bakersfield declaring the results of Canvass of Returns of the Special Municipal Election for Measures A and B held on the 8th day of June, 1982, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong 300 Bakersfield, California, July 21, 1982 - Page 26 Adoption of Resolution of Intention No. 75-82 of the Council of the City of Bakersfield to establish Maintenance District No. 2. This proposal is to establish a Maintenance District to provide for the payment of costs and expenses of maintaining and operating a park in the Amberton Area, located at the intersection of School House Road and Vallecito Lane. The formation of this District has been requested by petition of the property owners in the Amberton Area. The resolution directs the Public Works Directc,r to prepare a report and budget for the proposed District. Upon a motion by Councilman Means, Resolution of Intention No. 75-82 of the Council of the City of Bakersfield to establish Maintenance District No. 2, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong Adoption of Resolution No. 76-82 of the Council of the City of Bakers- field preliminarily adopting, con- firming and approving Public Works Director's Report; appointing time and place for hearing protests to the proposed District; the boundaries thereof; the fairness of the benefit formula; the amount of assessment to be levied against each parcel; and the reservation of right to perform work by City forces. This resolution gives preliminary approval to the report of the Director of Public Works, including Maintenance District boundaries, benefit formula, budget and assessments, and sets the protest hearing for the Council Meeting of August 18, 1982. Upon a motion by Councilman Means, Resolution No. 76-82 of the Council of the City of Bakersfield preliminarily adopting, confirming and approving Public Works Director's Report; appointing time and place for hearing protests to the proposed District; the boundaries thereof; the fairness of the benefit formula; the amount Bakersfield, California, July 21, 1982 - Page 27 301 of assessment to be levied against each parcel; and the reservation of right to perform work by City forces, was adopted by the following roll call vote: Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes None Absent: Councilman Strong Adoption of Resolution No. 77-82 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 demolished and hearing any protests or objections thereto. This resolution sets the date of public hearing for Wednesday, August 18, 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 of Kern. Upon a motion by Councilman Christensen, Resolution No. 76-82 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 Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong Deferral of action on Agreement between the City of Bakersfield and Carl Warren and Company for services in connection with the duties and responsibilities of administering a Self-Insurance Program. This is a renewal of last year's agreement under the same the terms and conditions, with the exception of a change in contractor's hourly rate from $22.00 to $24.00. 3O2 Bakersfield, California, July 21, 1982 - Page 28 Councilman Payne made a motion that Agreement between the City of Bakersfield and Carl Warren and Company for services in connection with the duties and responsibilities of administering a Self-Insurance Program, be approved and the Mayor authorized to execute same. Councilman Rockoff questioned the City Attorney about the 9.6% increase in this agreement and stated he did not feel it is reasonable under today's economy. Councilman Rockoff offered a substitute motion that action on Agreement between the City of Bakersfield and Carl Warrer~ and Company for services in connection with the duties and respon- sibilities of administering a Self-Insurance Program, be deferred for renegotiation with the contractor to see if he will go back to the $22.00 per hour and no more than $23.00 per hour. This motion was approved by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Means, Ratty Noes: Councilmen Christensen, Payne Absent: Councilman Strong Approval of Purchase of American National Bank property by the Bakersfield Redevelopment Agency, located on 19th Street between "K" and "L" Streets. In accordance with the Land Banking Program and Guidelines approved by the Council, the Redevelopment Agency, at their June meeting, approved the acquisition of the American National Bank properties on 19th Street between "K" and "L" Streets. The agree- ment between the Redevelopment Agency and City Council requires Council approval of each Agency project. Due to a real or imaginary conflict of interest Council- man Payne did not participate in this matter. Upon a motion by Councilman Barton, purchase of American National Bank property by the Bakersfield Redevelopment Agency located on 19th Street between "K" and "L" Streets, was approved. Councilman Payne abstained from voting on this matter. Bakersfield, California, July 21, 1982 - Page 29 303 Authorization granted to Mayor to execute form for lot line adjustment and Quitclaim Deed for exchange of land between the City of Bakersfield and Society for Crippled Children and Adults. Pursuant to direction of Intergovernmental Relations Committee Report No. 4-82, the City Attorney negotiated a land trade with the Society for approximately 60 feet of frontage on 4th Street. The two parcels are of equal size and approximately of equal value. There is no monetary exchange in this land trade. The City must request a lot line adjustment to be approved by the Planning Commission prior to recordation of the respective deeds. Upon a motion by Councilman Christensen, Authorization was granted to Mayor to execute form for lot line adjustment and Quitclaim Deed for exchange of land between the City of Bakersfield and Society for Crippled Children and Adults for approximately 60 feet of frontage on 4th Street. Approval of Agreement with the County of Kern for continuation of Adult Diversion Program, a cooperative effort between the Kern County Probation Department and the Bakers- field Police Department. This agreement continues a process of diverting young adult, first offenders of minor offenses, from being processed in the normal manner through the Criminal Justice System. It is essentially the same agreement approved by the Council on July 29, 1981, with the only significant changes being a new budget and an expanded need statement describes the program and benefits). Upon a motion by Councilman Rockoff, Agreement with the County of Kern for continuation of Adult Diversion Program, a co- operative effort between the Kern County Probation Department and the Bakersfield Police Department, was approved and the Mayor was authorized to execute same. HEARINGS This is the time set for continued public hearing on an Appeal by Maranatha Video Games to the decision of the Board of 304 Bakersfield, California, July 21, 1982 - Page 30 Zoning Adjustment denying an application for a Conditional Use Permit requested by Richard Lee Hixson to allow the parking of a trailer and the operation of ten video games contained on said trailer located within the parking lot of Juanito's Mexican Food Restaurant in a C-2-D (Commercial - Architectural Design) Zone, affecting that certain property in the City of Bakersfield commonly known as 4675 Ming Avenue. This hearing was duly advertised and the property owners notified as required by law. This hearing was continued from the Council Meeting of June 23, 1982, for a recommendation from the Business Development and Parking Committee, and from the Council Meeting of July 7, 1982, at the request of Mr. Hixson. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 10-82 regarding Emergency Ordinance and Fee Schedule for Temporary Use Permit, as follows: Recently, Mr. Lee Hixson of Maranatha Video Games appea].ed to the City Council the decision of the Board of Zoning Adjustment (BZA) denying an application for a Conditional Use Permit to allow the parking of a trailer and the operation of ten video games contained on said trailer located within the parking lot of Juanito's Mexican Food Restaurant in a C-2-D (Commercial- Architectural Design) Zone. The hearing was continued and the matter was referred to the Business Development and Parking Committee for study and recommendation. This Committee has met several times on the matter, not only with members of staff, but with Mr. Hixson as well. We have reviewed Mr. Hixson's request to set up a permanent location where he can operate from when he is not at parties or specific events at other locations. This Committee concurs with the denial of an application for a Conditional Use Permit inas- much as a mobile business is inconsistent with the business uses in the area as well as concurring with the other findings of the BZA. However, we feel a "temporary use" would be appropriate. As such, the Committee requested the City Attorney prepare an emergency ordi- nance relative to a Temporary Use Permit. In essence, the "temporary use" is a use which would require a Conditional Use Permit for the Bakersfield, California, July 21, 1982 - Page 31 305 pation. structure property, which use does not include the use of or making of permanent improvements to real property and which use does not exceed l0 days in any calendar year on that property or other property within a 400 yard radius for which a permit is granted. Therefore, this Committee recommends the City Council approve and adopt the emergency ordinance of the Council relative to Temporary Use Permits. We further recommend the City Council approve the resolution setting forth the fees as required by the Ordinance. Mayor Shell declared the hearing open for public partici- Mr. Richard Hixson, applicant, questioned why a mobile containing a realty office has been allowed across the street from Juanito's for three years and has not been required to leave. Mr. Hixson indicated he has the support of all the surrounding businesses and residents. The proposed ordinance for a Temporary Use Permit, which will allow him to stay at one business only 10 days per year, will put him out of business. Mr. Hixson requested that the ordinance be amended to allow him to leave the trailer in one spot 4 days per month. 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. After a lengthy discussion, upon a motion by Councilman Rockoff, Zoning Resolution No. 291 of the Council of the City of Bakersfield denying appeal from the Board of Zoning Adjustment decision denying a Conditional Use Permit to allow the parking of a trailer and the operation of ten video games contained in said trailer located within the parking lot of Juanito's Mexican Food Restaurant on that certain property commonly known as 4675 Ming Avenue, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong 306 Bakersfield, California, July 21, 2982 - Page 32 Adoption of Emergency Ordinance No. 2761 New Series of the Council of the City of Bakersfield adding Section 17.66.050 to Title 17 of the Bakersfield Municipal Code relative to Temporary Use Permits. Upon a motion by Councilman Barton, Emergency Ordinance No. 2761 New Series of the Council of the City of Bakersfield adding Section 17.66.050 to Title 17 of the Bakersfield Municipal Code relative to Temporary Use Permits allowing 4 days at one location in any 30 day period, with a provision that no Permit shall be issued after January 21, 1983, at which time a decision will be made by the Council regarding this ordinance, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty Noes: Councilman Rockoff Absent: Councilman Strong Adoption of Resolution No. 78-82 of the Council of the City of Bakers- field adopting Fee gchedule for processing applications for Temporary Use Permits. Upon a motion by Councilman Barton, Resolution No. 78-82 of the Council of the City of Bakersfield adopting Fee Schedule for processing applications for Temporary Use Permits, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong This is the time set for public hearing before the Council on an Appeal by Maude E. Taylor to the decision of the Board of Zoning Adjustment regarding the requirement that side- walks be installed as a condition to granting her application for a Conditional Use Permit to allow a pre-school and day care center for 84 children with 7 staff members in an R-3 (Limited Multiple Family Dwelling) Zone, affecting that certain property in the City of Bakersfield commonly known as 804 11th Street. Bakersfield, California, July 21, 1982 - Page 33 307 This hearing has been duly advertised and the property owners notified as required by law. Maude Taylor submitted a letter requesting that this appeal be withdrawn. Councilman Means stated that due to a real or imaginary conflict of interest he would not participate in this matter. City Attorney Oberholzer advised the Council that no action need be taken because Ms. Talyor withdrew her appeal. This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 1, which provides the basis for the benefit assessment for maintaining street landscaping and irrigation systems to be borne by all parcels or property within Maintenance District No. 1, generally extending west from the east curb line of the median strip of Gosford Road to the eastern boundary of the Arvin-Edison Canal and the area extending south from the south curb line of Stockdale Highway to the centerline of Ming Avenue. This hearing has been duly advertised and the property owner notified as required by law. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Means, Resolution No. 79-82 of the Council of the City of Bakersfield for Maintenance District No. 1 approving and adopting the 1982-83 Budget, levying assess- ments, reserving the right to perform maintenance work by City forces and authorizing collections of assessments by the Kern 3O8 Bakersfield, California, July 21, 1982 - Page 34 County Tax Collector, Ayes Noes Absent: was adopted by the following roll Councilmen Rockoff, Barton, Christensen, Means, Ratty Council call vote: Payne, None Councilman Strong This is the time set for public hearing before the regarding the approval of the application of L.O.R., Incorporated for Industrial Development financing of a manufacturir~g plant and related facilities on White Lane, east of Ashe Road. This hearing has been duly advertised. Mayor Shell declared the hearing open for public partici-. pation. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Christensen, Resolution No. 80-82 of the City Council of the City of Bakersfield conditionally approving the L.O.R., Inc., Project, was adopted by the following roll call vote: Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes None Absent: Councilman Strong This is the time set for public hearing before the Council to consider adoption of ordinances amending and reviewing Title 15 of the Municipal Code, pertaining to Buildings and Construction. The ordinances were given first reading at the meeting of July 7, 1982. This hearing has been duly advertised and no written protests or objections have been filed in the City Clerk's Office. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Bakersfield, California, July 21, 1982 - Page 35 309 Sections Sections relative call vote: Upon a motion by Councilman Payne, Ordinance No. 2762 New Series of the Council of the City of Bakersfield amending 15.04.010, 15.04.100 C. and 15.04.140 C. and repealing 15.04.110 and 15.04.120 of the Bakersfield Municipal Code to General Provisions, was adopted by the following roll Ayes Councilmen Rockoff, Ratty Noes None Absent: Councilman Strong Upon a motion by Councilman Payne, Barton, Christensen, Means, Payne, Ordinance No. 2763 New Series of the Council of the City of Bakersfield amending Chapter 15.12 of the Bakersfield Municipal Code relative to Uniform Building Code, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong Upon a motion by Councilman Payne, Ordinance No. 2764 New Series of the Council of the City of Bakersfield amending Chapter 15.16 of the Bakersfield Municipal Code relative to Uniform Mechanical Code, was adopted by the following roll call vote: Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes None Absent: Councilman Strong Upon a motion by Councilman Christensen, Ordinance No. 2765 New Series of the Council of the City of Bakersfield amending Chapter 15.20 of the Bakersfield Municipal Code relative to Uniform Housing Code, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Rockoff, Ratty None Barton, Christensen, Means, Payne, Councilman Strong 310 Bakersfield, California, July 21, 1982 - Page 36 Upon a motion by Councilman Christensen, Ordinance No. 2766 New Series of the Council of the City of Bakersfield amending Sections 15.24.010 and 15.24.020 of the Bakersfield Municipal Code relative to Abatement of Dangerous Buildings, was adopted by the following roll call vote: Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes None Absent: Councilman Strong Upon a motion by Councilman Christensen, Ordinance No. 2767 New Series of the Council of the City of Bakersfield amending Chapter 15.28 of the Bakersfield Municipal Code relative to Uniform Plumbing Code, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: Councilman Strong Upon a motion by Councilman Christensen, Ordinance No. 2768 New Series of the Council of the City of Bakersfield amending Chapter 15.32 of the Bakersfield Municipal Code relative to Electrical Code, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne, RattY Noes: None Absent: Councilman Strong Upon a motion by Councilman Payne, Ordinance No. 2769 New Series of the Council of the City of Bakersfield amending Title 15 of the Municipal Code of the City of Bakersfield by amending Chapter 15.64 relative to the Uniform Fire Code, was adopted by the following roll call vote: Ayes Noes Absent: Councilmen Rockoff, Ratty None Barton, Christensen, Means, Payne, Councilman Strong Bakersfield, California, July 21, 1982 - Page 37 311 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 11:20 P.M. o~e City Calif. ATTEST: CLE~~ ~--~- CITY Officio Clerk of the Council of the City of Bakersfield, California ma 312 Bakersfield, California, July 28, 1982 Minutes of a budget session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., July 28, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Absent: None City Manager Kelmar stated that tomorrow night, after the hearing on the Capital Improvement Budget, staff would like to request an Executive Session to discuss Labor Negotiations. Mayor Shell indicated that the Executive Session would be called. Councilmen Ratty, Means and Rockoff, members of the Budget Review and Finance Committee, read Report No. 26-82 regardir~g Operating Budget for Fiscal Year 1982-83, as follows: It is the responsibility of the Budget Review and Finance Committee to review and make recom- mendations on the proposed Annual Operating Budget. In adopting the Operating Budget for Fiscal Year 1981-82, the City Council considered the level of service to be satisfactory and chose not to make any reductions. With that decision in mind, this Committee approached the review of this Operating Budget similar to that taken last year. We met with each of the department heads and discussed at great length the various programs, program objectives and service levels under their administration. The budget format is similar to that of last year. The proposed budget is divided into six major service areas: Management Services, Environmental Services, Development and Trans- portation Services, Public Safety Services, Recreation and Cultural Services, and Support Services. In turn, these service areas are further broken down into the various programs and subprograms that make-up each major service area. Major specific annual objectives to be achieved during the 1982-83 Fiscal Year are also listed for each subprogram. The Operating Budget discussed in this report consists of the operating expenses and fixed asset purchases proposed for the General Tax Rate Category and operating type expenditures within the Community Development Block Grant Bakersfield, California, July 28, 1982 - Page 2 313 and Gas Tax, which are included in the Restricted Agency Category. Operating expenses consist basically of materials, supplies, utilities, etc. Fixed assets consist of departmental capital outlay items such as office equipment, automotive equipment, communication equipment, etc. Our review of the Operating Budget did not include salaries, supplemental benefits nor capital improvement projects. The Govern- mental Efficiency and Personnel Committee will make recommendations on all salary matters. The entire City Council will review the proposed Capital Improvement Program, which has been evaluated by the Planning Commission. As in prior years, the Departmental Operating Budgets have been prepared in a manner to reflect the total costs of providing a particular program, which includes such items as Data Processing, Legal, Finance, Personnel, etc. This is accomplished by including in the budgets, where applicable, such items as (1) Custodial Services Cost Allocation, Object Number 75300; (2) Administrative Cost Allocation, Object Number 75400; and (3) Rental Internal Organi- zations, Object Number 76200. The Custodial Service Cost Allocation is reflected in those programs which receive custodial services. In the case of programs located in City Hall, each program is charged for their proportionate share of the maintenance cost of City Hall, based on their total square footage of office space. Programs operating outside of City Hall are charged based on the cost of employees and materials involved in performing the services. The Administrative Cost Allocation entails an allocation of the cost of staff programs (i.e., City Manager's Office, City Clerk, City Attorney, and Finance) to the various line programs, (i.e., Police, Fire, Public Works, etc.), based on the percentage that the cost of each line program bears to the total cost of all line programs; the theory being that staff programs are designed to provide services to the line programs. The allocations are deducted from the budgets of the staff programs as "Cost Applied," Object Number 70001, so that the total City budget remains unchanged. The Equipment Maintenance Division of the Public Works Department provides a central equipment pool for all departments. This rental charge is reflected in each using department's budget under the account entitled, "Rental Internal Organizations," Object Number 76200. These rental rates are adjusted annually to reflect the cost of operating the applicable equipment. While considering the Operating Budget, we once again noted the importance for both the City Council and the public to understand the effect 314 Bakersfield, California, July 28, 1982 - Page 3 of growth and development on City operations, more specifically, the demand for services. Although the City Manager presented various statistical information in his transmittal letter, contained in the Preliminary Budget, we felt it important to repeat those statistics so as to point out the tremendous growth which has occurred in Bakersfield over the past l0 years. 1972 1981 Percentage Increase City population 76,100 113,190 49 City area in square miles 29 77 166 Street miles 277 470 70 City parks 13 20 54 Fire-calls for service 1,797 4,509 150 Police-reported crimes 7,252 18,115 150 arrests 7,180 14,993 109 calls for service 70,919' 87,042 22 patrol miles 1,449.079 1,802,605 24 *Earliest statistics available are for 1975 The following is a summary of the Operating Budget indicating the amount, prior to alloca- tions as described above, for each City program. Also included are pertinent comments as well as recommendations concerning the items included in this specific budget and a page referred to the applicable budget in the Preliminary Budget document. MANAGEMENT SERVICES Mayor - (Page 19-21) - $6,625 The proposed Operating Budget is the same as last year. City Council (Page 22-24) - $634,850 The proposed Operating Budget reflects the approved increase of $25,200 in the agreement between the City and the S.P.C.A. City Manager - (Page 26-31) - $342,400 This Committee reviewed the specific annual objectives within each subprogram in the City Manager's Budget. In reviewing the objectives, we noted the 1981-82 objectives included an educational program for all management personnel Bakersfield, California, July 28, 1982 - Page 4 315 on "Management by Objectives" in an effort to assist the department heads in preparing objectives so as to achieve the level of service as directed by the City Council. Consistent with that direction, one objective for 1982-83 is an educational program for all management personnel on "Performance Measurement" which we feel will assist staff in attaining the objectives as well as measuring the attainment and reporting to the City Council. Also, we noted the positive approach being taken by proposing objectives to increase the number of minorities by at least 5% in the sworn personnel complement. We further noted that at the time the Preliminary Budget was prepared, it was necessary to include estimates for a Council- manic Election during the 1982-83 Fiscal Year. Since the recent election and approval of the Charter Amendment changing the dates, the next Councilmanic Election will be November, 1983, consequently, eliminating the necessity of providing $84,150 in the 1982-83 Budget. Insurance (Property & Liability) - (Page 34-35) - For the past few years the City has enjoyed favorable experience in our Self-Insured Program. As such, the Self-Insurance Fund sustained itself without charges to the General Fund over the last two Fiscal Years. It is important to note this program provides funding for property and liability insurance premiums only. Those costs, when necessary, are reflected in this program and are not spread throughout the Operating Budget. In the case of Workers' Compensation or Unemployment Compensation, the costs are in direct relation to salaries. As such, the costs are easily identifiable and are included in the "salary and related benefits" section of each Operating Budget. This Committee feels it important to point out, at this time, that throughout the Operating Budgets, provisions and charges have been made to fund monies for Workers' Compensation during the 1982-83 Fiscal Year. ENVIRONMENTAL SERVICES Wastewater Services - (Page 48-52) $1,864,810 As was done with the other programs, this Com- mittee reviewed, in considerable detail, the specific annual objectives for the Wastewater Services. While reviewing the objectives, we noted the recent improvements made to Waste- water Treatment Plant No. 3 by the installation of additional aerators to reduce the odor at the Treatment Plant. Refuse Management Services - (Page 54-57) $2,638,465 In reviewing the objectives for the Refuse Manage- ment Services Program, we noted the proposal to distribute 500 additional 300 gallon containers 3!6 Bakersfield, California, July 28, 1982 - Page 5 for the automatic loading refuse collection system. This will complete the distribution program, putting in full operation our auto- matic loading refuse collection system. As such, the savings to the City are clearly noted by the necessity to fund only 42 of the 46 approved positions in this program. Similar savings are reflected in the Equipment Rental Account due to fewer pieces of equipment needed for the refuse collection. In summary, we noted the cost of providing refuse collection, in the Municipal Services Division of this program, reflects an overall reduction for 82-83. On March 31, 1982, the City Council approved a new contract between the City of Bakersfield and Kern Refuse Disposal, Inc. Kern Refuse Disposal, Inc., provides approximately one- half of the refuse collection in the City, and the approval of the new agreement on March 31st ensures the continued "50/50" relationship of providing refuse collection to the City. Additionally, the agreement provides for the City to add to its total pickups by City forces, the first 1,000 new collections. As a result of the efficiency of our mechanical collection, this will be done without additional personnel. The agreement also provides a method of deter- mining annual rate adjustments to the contractor by using the City's cost as a basis with certain adjusting factors as provided in the agreement. By doing so, we feel the City will have control over any increases by tying it to City operations and costs. The result of those calculations amount to $1,793,500 estimated to be paid for contract refuse collection in Fiscal Year 1982-83. This amounts to an average monthly cost per residential pickup of $5.14 versus $5.04 last year. DEVELOPMENT AND TRANSPORTATION SERVICES Development Services Administration - (Page 69-73) - $110,160 This program consists of the Development Services Administration within the General Fund and the Community Development/Economic Development Administration within the Community Development Block Grant. While reviewing the objectives of Development Services Administration, this Committee noted the level of services will be maintained consistent with that for 81-82 Fiscal Year. In our discussion with staff, it was noted that in cooperation with the City Manager's Office, the Director of Fire and Development Services will be administering the development of the combined City/County Fire Communication and Training Program as directed by the City Council. We further noted, in the Community Development/ Economic Development objectives, the continued Bakersfield, California, July 28, 1982 - Page 6 317 effort being put forth with the Housing Oppor- tunities Program by including a program for new construction incentives. Planning - (Page 75-78) - $104,835 After reviewing the specific annual objectives with staff, we recommend that Objective Number 7 in the "Advance Planning" Subprogram be removed. In light of fiscal constraints, the City will be concentrating on island annexations south of the Kern River and north of the Arvin/ Edison Canal. We feel it premature to develop policies beyond those boundaries during the 1982-83 Fiscal Year. Public Works Administration $97,820 (Page 80-83) - While reviewing and discussing the proposed objectives, we noted it is the City's policy to recover related costs through fees for inspecting Subdivision Permits, Encroachment Permits, plan checking, and miscellaneous surveys. We recommend such fees be reviewed and adjusted annually so as to insure the City recovering those related costs. Engineering Services - (Page 85-89) - $207,545 After a complete review and discussion of the proposed specific annual objectives, this Committee recommends that Objective Number 6 under "Design" be changed from "process two annexations per quarter" to "process annexations as necessary." Streets (Page 91-94) - $1,380,170 While reviewing the Street Maintenance Division, we once again noted there has been no additional personnel added for over 15 years. The City's policy of acquiring and using modern up-to-date equipment along with the Street Maintenance personnel willing to schedule their 40 hour workweek dependent upon the City's needs, have contributed to maintaining the number of personnel needed in this subprogram. Although that has been the case over the past 15 years, we concur with the Public Works Director's conclusion that with the City's growth and continued increase in street miles within the City, it will be necessary for the City Council to consider additional personnel if we are to maintain the present level of service being provided in the Street Maintenance Program. While discussing the objectives for the Street Cleaning Program, as with the Street Maintenance Program, we noted the result of additional street miles within the City Limits creating a situation whereby it will be necessary to add a new position and additional equipment approxi- mately at midyear to maintain the current level of service as well as provide this service to future island annexations. Also, while discussing 318 Bakersfield, California, July 28, 1982 - Page 7 Objective Number 7, whereby staff proposes to inspect, clean, and repair drainage sumps, as needed, we noted the total number of sumps (currently 70) has more than doubled in the past two years. Traffic Control - (Page 96-99) - $558,435 After reviewing the proposed specific annual objectives for the Traffic Control Program, this Committee recommends a fourth objective be added to the Traffic Engineering Subprogram, which will address the issue of peak hour traffic movement counts at high volume inter- sections in an effort to improve the traffic flow during the referred to peak hours. PUBLIC SAFETY SERVICES Police Services (Page 120-131) - $2,117,850 This Committee reviewed the specific annual objectives of each division of the Police Depart- ment in great detail. During our discussions we took note of the further breakdown and more specific identity given to the operations of the Communications Center, Crime Lab, Property Room, and Communications (equipment and systems). These subprograms were previously included in the subprograms of Technical Services, Vice, and Investigations. This further breakdown of police services will furnish the City Council with more specific information with regards to annual objectives and their attainment during the Fiscal Year. During our extensive discussions and review of the objectives, we discussed such items as priorities in the Vice Division, response times for Police Patrol, and the need for more officers on patrol. As we have been directed by the City Council, we continue to recognize the importance of adequate police services in the City. We noted the expanding districts and patrol miles, while not increasing the complement of Police Officers, is causing response times to be greater thereby affecting the level of service. This Committee felt every effort should be made to assist the Police Department in providing the level of police protection for the City; and as such, we recommend that an additional objective be added to the Communications Sub- program to further evaluate the need for a "high level" site as well as alternatives. Additionally, so as to assist with the maintenance of criminal records in the Technical Services area, we recommend that an objective be added to establish, in cooperation with the Data Processing Division, an "alpha index" system on the City's data processing system, which will assist in the filing as well as retrieving of criminal reports. Bakersfield, California, July 28, 1982 - Page 8 319 Fire Services - (Page 136-142) - $1,165,435 During the course of our discussions on the specific annual objectives for each division, it was noted the effort being put forth by all of the divisions to achieve the maximum level of fire protection for the City and to proceed with the Council's decision regarding the City/ County Cooperative Fire Protection Plan. In order to assist the City Council in measuring the level of fire protection service provided the City and assist the Council in evaluating the successful attainment of the City/County cooperative effort, we feel several recommendations and additional objectives to be appropriate. First, we recommend the Operations Division develop and include an objective in order to measure and provide a method of reporting on the level of £ire protection service. Also, we recommend the Fire Safety Control Division be more specific and "quantify" objectives so as to again provide a method of measuring the attainment of the objectives, i.e., to be able to measure the results of the prevention efforts. We also recommend an objective be added to the Administration Division, which will establish a program of measuring what steps are being taken in each fire station with regards to energy conservation. Building Services - (Page 144-149) - $706,980 In reviewing the specific annual objectives, this Committee noted that the Building Services personnel evaluate and recommend fee schedules to cover the cost of related City services. As in earlier discussions, this Committee recommends an annual analysis and updating of such fees to ascertain the fees do in fact recover the related cost of services. Included in the Building Services Program is the Conservation Section of the Community Development Block Grant Program. While re- viewing the objectives, we noted plans to complete the rehabilitation of the Senior Citizens' Center and to occupy the Center by June, 1983. Repair and Demolition - (Page 150-151) $40,000 This budget provides for the demolition of dangerous buildings and reflects the demolition of 40 substandard buildings versus the demolition of 20 during the past year. The City funded costs are ultimately assessed against affected property and collected through the tax rolls. Street Lighting - (Page 152-153) - $849,545 During the course of our discussion and review of the specific annual objectives, we took note of the progress being made with the conversion to high pressure sodium vapor lights throughout 32O Bakersfield, California, July 28, 1982 - Page 9 the City. We feel it important for the Council to realize the conversion effort during the 1981-82 Fiscal Year is a factor in reducing our energy consumption and is estimated to have saved the City approximately $30,000. The City enjoyed this savings with approximately 25% of the conversion being completed. RECREATION AND CULTURAL SERVICES Recreation - (Page 162-168) As the Council will recall, the budgets for Aquatics, Sports, Parks and Playgrounds, and California Avenue Facility were adopted in April to enable the Recreation Department to begin their hiring for summer programs. Parks - (Page 170-174) - $934,540 While reviewing the specific annual objectives, the Public Works Director recommended that Objective Number 2, under Grounds Maintenance, be changed to read "to provide an annual maintenance program on parks and median islands at a rate of 12.90 acres per person." This is a change from 11.60 acres per person. Also, Objective Number 3 should be eliminated. We note these changes to more appropriately reflect the intent of the Preliminary Budget document and concur with the recommendations. We also noted the proposal to reduce lighting energy costs at certain City parks by the installation of energy efficient fixtures. Further, additional savings will be enjoyed by the attainment of the objective to initiate a Pest Control Program at City owned public buildings. Auditorium - (Page 176-179) - $371,870 While reviewing the objectives with the Auditorium Manager, we took note of Objective Number 2 under Management and Promotion and recognize the public service being provided by the recently installed Ticketron. The Ticketton system is being used extensively without reducing the level of service to those persons wishing to acquire tickets for events in the Auditorium itself. Additionally, we noted the objective under Operations and Maintenance to decrease the number of occupational injuries and illnesses by 20% over the next Fiscal Year. Cunningham Art Gallery - (Page 180-181) $3,785 The budget for the Cunningham Art vides for utilities and custodial is consistent with prior years. Gallery pro- services and Bakersfield, California, Ju~y 28, 1982 - Page 3'21 SUPPORT SERVICES Finance - (Page 190-196) - $88,580 While reviewing the specific annual objectives for the Finance Department, we noted the continued effort of Finance personnel to provide information and reports on a timely basis to both the City Council and operating departments. Also noted was the objective to continue City-wide instruction regarding purchasing procedures in order to maximize each purchasing dollar, as well as the aggressive, yet prudent, manner in which Cash Management has continued to invest all idle funds. Data Processing - (Page 198-201) - $111,305 As we addressed earlier in this report, this Committee recommends the addition of an objective dealing with the establishment of an "alpha index" system to assist with the maintenance of criminal reports in the Technical Services area of the Police Department. Also, we recog- nize the necessity of proceeding with the development of a "police information system" and recommend staff develop an objective dealing with this matter and include the objective in those proposed for completion during 1982-83. Generally, such a system will place the exten- sive amount of information, currently maintained and retrieved manually, onto the City's computer system. By doing so, the ability to retrieve needed information in a more timely manner will not only be beneficial to in-house personnel, but the patrol officer on the street will be assisted with needed information through the Communications Center. City Attorney (Page 203-206) - $59,510 While reviewing the specific annual objectives for the City Attorney's Office, we noted the increased trial activity. The City has been self-insured for six years. The law requires lawsuits against the City to be brought to trial within a five year period or the case is automatically dismissed. As such, many cases have been and will be coming to trial. In addition to trial activity, the City Attorney's Office is heavily involved in the area of loss prevention in conjunction with other departments in such areas as Safety Programs. General Services - (Page 208-213) - $542,125 In our review of the special annual objectives for the General Services Division, we noted the continued program of training City personnel in areas of inspection and maintenance on certain equipment, which results in overall savings in the area of maintenance contracts, etc. Fiscal Year 1982-83 will see the training of one employee in elevator maintenance and repair while last year training was concentrated in the area of heating and air conditioning. Bakersfield, California, July 28, 1982 - Page ll SUMMARY Subsequent to our review of the Preliminary Budget document with the City Manager and all the department heads, and due to the uncertainties as to when a decision would be made at the State level regarding the State Budget, and to what magnitude that decision would have on the City's anticipated revenues from State subventions, the City Council approved a motion to defer budget hearings until the latter part of July. On July 19 and 20, this Committee, with the City Manager and his staff, met to review up- dated and current estimates regarding available funds and projected revenues for 1982-83 Fiscal Year. For your information, attached to this report is an updated Schedule I (Page 5 in the Preliminary Budget). First, it should be noted the estimated Fund Balance as of July l, 1982, reflects an additional $660,000. The original estimate was based upon information available in May and the present estimate has been up- dated based upon the information available as of July 19th. Primarily, the increase is brought about by the State Legislature taking action in June, which reflects a speed-up of Sales Tax collections amounting to $325,000. The balance is principally a result of an un- anticipated increase in Sales Tax for the month of June. As noted above, estimates in the Preliminary Budget for revenues (other than Property Taxes), were based upon information available in May. As the Council is aware, the recently adopted State Budget will result in a substantial reduction in the amount of State Motor Vehicle In-Lieu Tax, which the City will receive during 1982-83. Although the reduction is approximately $1.5 million, about half of the reduction is offset by more current projections of revenues for next year. Principally, as a result of the increase in Sales Tax collections for June and end of the Fiscal Year determination of interest income, the City Manager considers an upward adjustment to his 1982-83 projections of Sales Tax and interest income revenues to be appropriate. The revised Schedule I reflects an increase in estimated Property Taxes compared to what was originally estimated in the Preliminary Budget. It is important to note that Property Tax revenues were based upon information available from the County Assessor as of March, 1982. The revised projections of Property Taxes for next year are based upon County Assessor infor- mation obtained by the City Manager on July 19, 1982. In summary, the net effect of the updated and more current information available regarding fund balances and revenue projections for 1982-83 results in approximately $370,000 Bakersfield, California, July 28, 1982 - Page 12 available for appropriation. This amount, together with the $800,000 available for appropriation and included in the Council Contingency Account, plus the $84,000 savings resulting from the Councilmanic Election not having to be funded until 1983-84, (as noted earlier in this report), results in an overall amount of approximately $1,250,000 available to the City Council for appropriation. CONCLUSION As a result of our meetings with the City Manager and all department heads, we are satisfied with the level of service presently being provided and feel it represents the desires of the residents of the City of Bakersfield. However, we feel the City Council should continually be cognizant of the tremendous growth the City is encountering, and the inevitable effect this will have on the level of service unless the City Council takes appropriate steps to handle the growth. The Committee feels areas such as street maintenance, park maintenance, street sweeping, and police services are continuing to provide services to the expanding City with- out additional resources. The City Council must continue to monitor these areas to insure the level of service is maintained. In conclusion, this Committee recommends the approval of this report and adoption of the Operating Budget as modified in this report. Councilman Strong commended the Budget Review and Finance Committee and staff for the job they did in holding the line and maintaining an acceptable level of service, recognizing that the entire Country is in a recessed state. Councilman Strong also commended staff for recommending that budget hearings be held at this time as opposed to the traditional time in May and June. The City's financial position is much clearer at this time and more accurate projections can be made. Mayor Shell requested comments from people in the audience, and no one indicated a wish to speak. Councilman Means expressed his appreciation to the other members of the Budget Review and Finance Committee and staff for all the time and effort they put into the budget. In the next couple years the Council and staff are going to have a difficult time finding the funds to maintain a level of service. As long 324 Bakersfield, California, July 28, 1982 - Page 13 as the City continues to annex the burden of providing services should not fall on the people already in the City. It is a serious situation that will have to be looked at and dealt with in the next few years. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report for Fiscal Year 1982-83, Fiscal Year 1982-83, was No. 26-82 regarding Operating Budget was accepted; and Operating Budget for approved, by the following roll call vote: Ayes: Councilmen Strong, Ratty, Noes: None Absent: None Upon recessed its 29, 1982, at Barton, Christensen, Means, Payne, Rockoff RECESS a motion by Councilman Christensen, the Council budget session at 7:45 P.M., until Thursday, July 7:00 P.M. MAYOR ity of Bakersfield, Calif. ATTEST: CITY C Of/~icio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, July 29, 1982 Minutes of a budget session of the Council of the City o£ Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., July 29, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Shell. Absent: None Councilmen Strong, Barton, Christensen, Means (seated at 7:10 Payne, Ratty, Rockoff PUBLIC HEARING ON FEDERAL REVENUE SHARING FUNDS. Mayor Shell declared the meeting open for public hearing on Revenue Sharing Funds. Assistant City Clerk Anderson stated written requests for Revenue Sharings Funds were received from the following organizations: Southern San Joaquin Wings, dated May 20, 1982, for acquisition of approximately 310 acres of land located in the Kern River Bluffs Area, east of Hart Park and south of the Kern River State Park, to be utilized by radio-controlled gliders and hang gliders for a recreational park. Bakersfield Symphony Orchestra, dated June 8, 1982, to provide thirteen Young People's Concerts in the Civic Auditorium for school children in the City of Bakersfield Schools only from Kindergarten through the 7th Grade. Altrusa Club of Greater Bakersfield (Alliance on Family Violence), dated July 15, 1982, for $100,000 to build, purchase or modify a structure to be used as a shelter for battered women and their children. Mr. Frank W. Harris, President of the Southern San Joaquin Wings, 28 Western Drive, explained the function of the Southern San Joaquin Wings, and their desire to preserve the Kern River Bluffs Area, east of Hart Park and south of the Kern River State Park for hang gliding as a recreational park. Mr. Richard Newman, Owner of Sparkle Cleaners, 121 Monterey Street, requested Revenue Sharing Funds for rebuilding of bridges on Sacramento and Stockton Streets. 326 Bakersfield, California, July 29, 1982 - Page 2 Mr. Pete Jones, President of the Bakersfield Symphony Orchestra, requested Revenue Sharing Funds, in the amount of $48,500, to provide thirteen concerts at the Civic Auditorium for Bakersfield City School children only, from Kindergarten to the 7th Grade. In answer to a question by Councilman Christensen, City Manager Kelmar stated there is $3,007,150 available in Revenue Sharing Funds. Councilman Rockoff stated the request for Revenue Sharing Funds for concerts for young people does not fit into the policy developed by the Council last year, that: 1. Highest priority be given to capital improvement projects, which serve all residents of the City; 2. They are not to be used to finance ongoing operations; and 3. Projects providing services to County, as well as City residents, should only be approved if the County provides funding in a proportionate and significant amount. Mr. Jones stated they have no intention of requesting funds for a second year for the young people's concerts. They feel if they can get the project off the ground it can be carried on from there through private funding. Councilman Strong stated he wanted to make it clear to the public that the Council adopted a policy that provides guide- lines as to how Revenue Sharing Funds should be expended, and that is the issue being discussed at this public hearing. The issue of making a genera~ contribution is not being discussed. If the Council departs from the policy to make a recommendation for a use of this type, then the Council wi~l open itself to every other request being made. No one else in the audience indicated a wish to speak and Mayor Shell closed the public hearing. Councilman Means suggested that the proposal for funds for Young People's Concerts be held in abeyance and any funds carried over from Revenue Sharing Funds be used for that project. Bakersfield, California, July 29, 1982 - Page 3 327 Councilman Strong stated the policy states Capital Improvement Projects shall be given the highest priority, which means if the Council is going to fund projects of this nature that a decision will have to be made as to what Capital Improvement Projects will be cut and that is the issue. He also stated he is not suggesting that only Capital Improvements be considered for Revenue Sharing Funds. It requires making a determination, since that is what is listed in this year's Capital Improvement Budget. Councilman B~rton stated that one of the problems is a great number of children living in the City attend County schools and vice versa, and suggested that the request from the B~kersfield Symphony Orchestra for funding for Young People's Concerts be referred to the Intergovernmental Relations Committee to work with the County for a long-term agreement to take care of the issue. City Manager Kelmar stated, as a suggestion, that a number of the street resurfacing and storm drain projects will be done in the next couple months and there is a possibility of some savings, depending on the amount of the bids. Staff could come back to the Council, if there are savings, and a decision could be made at that time whether or not to fund the request for the Young People's Concerts. Councilman Barton made a motion that the Council take a wait and see attitude on the Revenue Sharing Fund expenditures and possibly reconsider the request of the Bakersfield Symphony Orchestra at a later date; and at that time, if Revenue Sharing Funds are available, then the matter be referred to the Intergovern- mental Relations Committee to work with the County to make sure there is a metropolitan participation. Councilman Rockoff stated he feels this will set a precedence and open the door for other non-capital requests. As worthy as this request is, there are a hundred others just as worthy. Councilman Rockoff indicated that he will have to vote no on the motion, even though he feels it is a very worthy project. 328 Bakers£ield, California, July 29, 1982 - Page 4 Councilman Strong stated he agrees with Councilman Rockoff, except the policy states that Capital Projects will be given the highest priority, not the only priority. He interprets the motion to mean that not only will the Young People's Concerts be considered, but other projects also, if there are excess £unds realized from savings from Capital Projects. He does not feel it would be a departure from policy to consider them at that time. Councilman Payne stated he agrees with Councilman Strong, and it appears there is a savings of $46,000 on the Alum Avenue Storm Drain Project, which was reallocated to another project in another ward, and he would like to see those funds go to the Bakersfield Symphony Orchestra for the Young People's Concerts. Councilman Christensen stated ~he City does not know how much to fund until they find out what the County's share would be. Councilman Strong indicated he felt the motion made by Councilman Barton should include that al~ requests for Revenue Sharing Funds be considered. Councilman Barton's amended motion that the Council take a wait and see attitude on Revenue Sharing Fund expenditures and possibly reconsider the request o£ the Bakersfield Symphony Orchestra and other requests at a later date; and at that time, if Revenue Sharing Funds are available, then the matter be referred tc. the Intergovernmental Relations Committee and that they work with the County to make sure there is a metropolitan participation in the Young People's Concerts, carried by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Ratty, Rockoff Noes: Councilman Payne Absent: None CAPITAL IMPROVEMENT PROGRAM 1982-83 Assistant City Manager-Finance Higginbotham briefly out- lined the steps taken by the staff and Planning Commission which Bakersfield, California, July 29, 1982 - Page 5 329 culminated in the preparation of the 10-Year Capital Improvement Program. The following is a letter from the Planning Commission regarding the Preliminary Capital Improvement Program 1982-83: Honorable Mayor Mary K. City Hall 1501Truxtun Avenue Bakersfield, California Shell and City Council Honorable Mayor and City Councilmen: The Planning Commission herewith submits the Preliminary Ten-Year Capital Improvement Program for the years 1982-92, inclusive, pursuant to Title 7, Chapter 3, Section 65401 of the State Planning and Zoning Laws. The Commission reviewed the Preliminary Ten- Year Capital Improvement Program and recommended approval to the Council subject to modifications attached herewith recommended by Public Works Director, J. Dale Hawley. Respectfully submitted, PLANNING COMMISSION THE CITY OF BAKERSFIELD BENJAMIN D. PHIPPS, Chairman Dated June 3, 1982 Director of Public Works Hawley read a memorandum, dated July 23, 1982, regarding recommended changes in the Capital Improve- ment Program for 1982-92, as follows: It is recommended that the following changes be made in the Preliminary 10-Year Capital Improve- ment Program for 1982-92: A. These changes were approved at the Planning Commission hearing. Page 5, Sundale, Landfair, Stonepine, Note should read $170,000, not $95,000 $ 0 o Page 6, University Avenue Storm Drain, RS $77,000. Change to University Area Storm Drain, RS $123,000. + 46,000 Page 7, Alum Avenue Storm Drain, RS $46,000 delete. This work is being done through agreement with adjacent property owner. - (46,000) 330 Bakersfield, California, July 29, 1982 - Page 6 Bo Co o Page 13, Draining and Cleaning Primary Digester, Reduce cost from $50,000 to $20,000. Delete $200,000 for 83-84. -$ (30,000) Page 13, add one additional pump at Headworks, Increase cost from $30,000 to $60,000.+ 30,000 Net Change $ 0 Savings of $167,000 in Revenue Sharing Funds from the 1981-82 budget for completed road projects can be used to fund storm drain projects in lieu of water revenues. 1. Pages 5 & 6, change all WR projects to RS. Page 6, Fairview PDA, change finance method to RS $55,000 and PF (Private Funds) $45,000. Additional funds in the amount of $602,000 are available for street improvements in Fiscal Year 1982-83 because actual revenue received in Fund 35 (Transportation Fund) is greater than earlier estimates and there are some savings from completed Fiscal Year 1981-82 projects. Attached is a list of additional street improvement projects for the available Gas Tax and Transportation Fund monies. Due to recent State discharge requirements for controlling sewage effluent from our treatment plants and to minimize odors, mosquitoes and groundwater contamination, the following items should be added. Bottom of Page 13, Add "Effluent Control at Plant 3", SE, $142,000. This item consists of earthwork, pump station and discharge line and will remove effluent from natural sloughs and place it into controlled dike areas. +$ 142,000 Page 14. Expansion of Plant 3. $40,000 should be shifted to 1982-83 to provide pre- liminary design and a financial plan. + 40,000 ° Bottom of Page 14. Add "Well Monitoring Program at Plant #2, SE $12,000. The State recently required the City to develop a well monitoring program on the perimeter of WTP2 farm. 12,000 Bakers£ield, California, July 29, 1982 - Page 7 331 Page 13. Change cost of items to read $100,000 for 82-83 and $154,000 for 83-84. Some of the required work could be deferred for one year without creating serious problems. -$(154,000) Net Change +$ 40,000 The Council and staff reviewed the Capital Improvement Program for Fiscal Year ]981-82 by categories, as follows: ENVIRONMENTAL SERVICES A total of $33,450,600 is proposed for improve- ments related to storm drains, sewers and waste water treatment for the next ten years. Storm drains in the amount o£ $4,166,100, are being proposed. The Fairview, Shalimar, and Pioneer Planned Drainage Areas will provide one large drainage disposal area each which will serve properties under many ownerships. As properties develop, the City will be reim- bursed through connection charges. In addition, the proposed project for Sundale/Landfair/ Stonepine drainage system will eliminate three pump stations which have failed during storms. Also, the Sandra Drive pump station is the second phase o£ a three phase plan to prevent flooding along Sandra and Lowell. Included in the Waste Water Treatment projects is a project to drain, clean and repaint the primary digester at Sewage Treatment Plant No. 2. This procedure is required every eight to ten years. Councilman Strong asked if the right-of-way could be obtained for the sewer extension in the "O" and 2nd Streets area, would adoption of the budget tonight close the door on that project. Director of Public Works Hawley stated, historically, the City has not used Sewer Enterprise monies to pay for small diameter tract sewers. They are normally the responsibility of the property owners in the area. Community Development Funds were being considered at the time this was discussed. RECREATION AND CULTURAL SERVICES A total of $5,979,505 is proposed for improve- ments related to City Parks and the Civic Auditorium for the next ten years. In addition to various improvements to the existing parks throughout the City, the City 332 Bakersfield, California, July 29, 1982 - Page 8 contemplates new park sites totaling $4,960,000. As was established by City Council in the adoption of the 1981-82 Annual Budget, new park sites are not being developed with City funds. Westwold Park and Corvallis Park are proposed to be developed with State Park Bond Funds and future park construction will be with Improve- ment and Maintenance District Funds. Direct of Public Works Hawley stated within the next month or so he will be submitting an item to the Council requesting permission to file an application for $360,000 for 1983-84 State Park Bond Act Funds. PUBLIC SAFETY SERVICES A total of $1,854,850 is proposed for improve- ments related to the Public Safety Services of the Police and Fire Departments over the next ten years. The Fire Department improvements include the City's portion of the construction costs for the new fire stations to be shared between the County of Kern and the City of Bakersfield as set forth in the joint plan for Fire Services Unification in the Metropolitan Bakersfield Area. DEVELOPMENT AND TRANSPORTATION SERVICES A total of $30,665,000 is proposed for improve- ments related to streets, street lighting, and traffic signals for the next ten years. In adoption of the 1981-82 Annual Budget, the City Council adopted policy whereby the City would" .... not fa~l behind the current level of service .... " The street related projects proposed will maintain the present service level as was directed by the City Council. Of those projects proposed, $475,000 is pro- posed for new traffic signals and upgrading of certain existing outdated signals. Director of Public Works Hawley stated that in the next 2 to 3 years major work should be done on the Garces Circle and $75,000 is being set aside this year and the balance in the next Fiscal Year. One of the items being considered is relocation of the Father Garces Statue and the Council should give some thought as to where it should be located. Mayor Shell stated the Garces Circle and Statue are landmarks that concern the people of Bakersfield and it is hoped Bakersfield, California, July 29, 1982 - Page 9 333 that before the Council makes a decision input from the citizens of the community will be considered. Councilman Means suggested that the Mayor obtain input from the Mayor's Beautification Committee. Director of Public Works Hawley stated the $150,000 of Community Development Funds allocated for curb and gutter construction in the area bounded by Brundage Lane, California Avenue, Avenue and Union Avenue, has been changed to $50,000 for tectural barriers and wheelchair ramps. SUPPORT SERVICES A total of $1,178,000 is proposed for improve- ments to City Hall and Corporation Yard for the next ten years. City Hall improvements include needed improve- ments to the parking lot in the rear of City Hall to the railroad tracks. Requests for the Corporation Yard include construction of a Parks Maintenance and Repair Building which will replace the current facility located at Lowell Park. Chester archi- Program Budget for Fiscal Year 1982-83, including the changes as stated in the memorandum from the Director of Public Works, dated July 23, 1982, was approved by the following roll call vote: Ayes: Councilmen Strong, Barton, Means, Payne, Ratty, Rockoff Noes: None Absent: Councilman Christensen Adoption of Resolution No. 81-82 of the Council of the City of Bakers- field approving and adopting the Operating and Capital Improvement Budgets for the Fiscal Year 1982-83, as amended. Councilman Means stated he did not feel it is appropriate, to adopt the Operating Budget until the labor negotiations are settled. Upon a motion by Councilman Ratty, Resolution No. 81-82 of the Council of the City of Bakersfield approving and adopting Upon a motion by Councilman Rockoff, Capital Improvement 334 Bakersfield, California, July 29, 1982 - Page l0 the Operating and Capital Improvement Budgets for Fiscal Year 1982-83, as amended, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None EXECUTIVE SESSION Upon a motion by Councilman Christensen, the Council recessed to an Executive Session at 8:55 P.M. to discuss labor negotiations. The budget session was reconvened at 11:32 P.M. RECESS Upon a motion by Councilman Rockoff, the Council recessed its budget session at 11:35 P.M., until a report from the Govern- mental Efficiency and Personnel Committee regarding Meet and Confer Sessions with Employee Units is available. ATTEST: CITY CLERK an~ Ex ~fficio Clerk of the of the City of Bakersfield, California Council ma Bakersfield, California, August 4, 1982 335 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., August 4, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Don Hermansen of the Oildale Church of God. The City Clerk called the roll as follows: Mayor Shell. Councilmen Barton, Christensen, Present: Means, Payne, Ratty, Rockoff, Strong Absent: None meeting of July 21, 1982, and budget were approved as presented. Minutes of the special meeting of July 21, 1982, regular session of July 28, 1982, SCHEDULED PUBLIC STATEMENTS John Garone, Bakersfield Board of Realtors, 331 - read a prepared statement requesting that the Council Mr. 18th Street, stop the removal and disposal of old decorative lamp posts on 17th, 18th and 19th Streets, until a final determination on Historic. Preservation is made and advice is received from the Historical Commission or other specialists on the worth of the fixtures. Public Works Director Hawley stated that all the lights that had to be removed to make way for new ones have been removed. Initially the City had 247 lights in the area along 17th, 18th and 19th Streets. Forty-four of those have been removed. There would be no problem deferring action on the remaining 203 lights. Upon a motion by Councilman Rockoff, staff was directed to discontinue the removal of the old decorative lamp posts along 17th, 18th and 19th Streets until further study by a Historical Commission is completed. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Susan Kay Reedy, 14292 Shadybrook Drive, Tustin, California, dated July 21, 1982, regarding an incident with a Police Officer in Beach Park, was received and referred to the Chief of Police. 336 Bakersfield, California, August 4, 1982 - Page 2 Upon a motion by Councilman Christensen, communication from the Bakersfield S.P.C.A., dated July 28, 1982, requesting an adjustment to their contract with the City of Bakersfield for animal control, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Payne, communication from Larry Stirling, State Assemblyman 77th District, dated July 20, 1982, regarding an amendment to the State Constitution changing the date the State Budget must be finalized, was received and referred to the Legislative Committee. Councilman Means made a motion that the communication from L. Dale Mills, Kern County Director of Public Works and Surveyor, dated July 22, 1982, regarding the "Sun-Fun-Stay-Play" signs on Highway 99, be received and a letter sent to Mr. Mills indicating the Council is not interested in maintaining them. Councilman Strong suggested that the staff take the matter of maintaining the two signs under advisement and come back with a recommendation at a later date. City Manager Kelmar stated the staff concurs with Council- man Means' motion, and also suggested that the letter advise that Mr. Mills contact the Chamber of Commerce and Board of Trade to see if they are interested. Councilman Strong stated he would not like to see these signs removed, because he feels they serve a good purpose and requested that final action not be taken tonight to give other organizations a chance to respond. Councilman Means' motion that the communication from L. Dale Mills, Kern County Director of Public Works and Surveyor, dated July 22, 1982, regarding "Sun-Fun-Stay-Play" signs on Highway 99, be received and the Mayor requested to send a letter to Mr. Mills indicating the Council is not interested in maintaining them and suggesting he contact the Chamber of Commerce and Board of Trade, Bakersfield, California, August 4, 1982 - Page 3 337 to see if they are interested, vote: Ayes: Noes: Absent: carried by the following roll call Councilmen Barton, Christensen, Strong Councilman Rockoff None During discussion, Means, Payne, Ratty, Councilman Strong made a motion that a letter be written to the Redevelopment Agency advising them of the action taken by the Council on the two "Sun-Fun-Stay-Play" signs on Highway 99, and request that they study the matter, keeping in mind the downtown hotel project, and respond back to the Council as to their interest in the signs. After discussion this motion was unanimously approved. Councilman Means, during discussion on the signs, stated that the letter to the Redevelopment Agency should not reflect, in any way, that the Redevelopment Agency even consider purchasing them. Upon a motion by Councilman Christensen, communication from the Kern County Gun Owners, dated July 21, 1982, expressing their support of the preservation of the Nomad Bowmen's Archery Range, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication from the Greater Bakersfield Chamber of Commerce, Governmental Review Committee, to the Redevelopment Agency, dated July 30, 1982, responding to a request by the Community Development Department regarding the "Plan for Implementation of Housing Programs and Implementation Strategy," was received and referred to staff. Upon a motion by Councilman Ratty, communication from Robert C. Wright, President of Cox Cable Communications, Atlanta, Georgia, dated July 28, 1982, responding to the City's letter concerning their cable television service in Bakersfield, was received and ordered placed on file. At the request of Councilman Rockoff the letter was read into the record, as follows: Bakersfield, California, August 4, 1982 - Page 4 July 28, 1982 Mary K. Shell, Mayor City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Dear Mayor Shell: I apologize for taking so long to respond to your letter concerning our cable television service in Bakersfield. However, I did want to allow sufficient time for both local and regional management to get to the bottom of the issues outlined in your letter. We are a very decentralized company and we pride ourselves on placing the authority and responsibility for customer service in the hands of our local management. Our local manager, Howard Channell, and Gary Hokenson, regional vice president, are two of the most experienced individuals in the cable television industry. Both of those people have had many years of experience with the Bakersfield system and our subscribers in Bakersfield. You raised a number of points in your letter which I understand have been rectified by dis- cussions with the Council members concerned. However, I point out, as a generalization, that as we expand our services we try and utilize an efficient method for allowing people to purchase additional services at the lowest cost possible. Specifically commenting on the observation of one Councilman that there were substantial lines at our offices, I can only respond by saying those lines enabled people to save a great deal of money. Ordinarily they would have had to pay installation if we had not used the novel approach of having them come down to pick up equipment rather than having our installers go to their homes to deliver the de- coding boxes. Our overall experience across the country with this approach has been very positive; especially in a period of depression of economic recession we find people are very anxious to have opportunities to save money. We are very proud of our long relationship with the residents of Bakersfield and we hope to be a major factor in your community in many years to come. You can rest assured that your comments and concerns have been discussed and are being acted on by the local management. Thank you for your concern. Very truly yours, Robert C. Wright President Bakersfield, California, August 4, 1982 - Page 5 339 COUNCIL STATEMENTS Councilman Ratty stated, in response to a letter received at the Council Meeting of July 21, 1982, from Borton, Petrini & Conton, Attorneys at Law, regarding litigation to £orce the Council to rescind the third amendment to the Downtown Redevelopment Plan, he would like to thank that firm, Roy Gargano and his staff for defending Councilman Payne and himself against a lawsuit that has been going for a number of years, which was carried all the way to the Supreme Court. The letter essentially stated that they had a "bum rap." They were accused of impropriety and illegal decisions and he felt it was unfair. Judge Gargano stated "In my judgment the record unequivocally indicates Councilmen Payne and Ratty acted in good faith and with integrity. Unfortunately the unilateral dismissal of the lawsuits, opportunity to remove the reputations." Councilman by the plaintiffs, deprived them of the shadow which was cast upon their Ratty stated the worst thing is that they were not able to be faced by their ~cusers. In this situation they are hiding behind the skirts of two people called "Goodwin and Shelton." The money men behind "Goodwin and Shelton" initiated and perpetuated this suit against Councilman Payne and himself to the detriment of the City and caused Councilman Payne not to be able to vote for the last 1½ years. The taxpayers also got a "bum rap," in the amount of $20,000, for having to defend Councilman Payne and himself against the suit. This suit was a bum deal to start with and it was just to foul up the voting on the Council. The money men, who hide behind "Goodwin and Shelton," have never come out and said who they were. Dominic Bianco's firm have refused to identify them. The $20,000 could have been well spent on the Young People's Concerts, instead of these suits, where money people are trying to warp the Council for their own personal gain. Councilman Ratty suggested that it would be an interesting story for the news media to find out who these people were, who pushed the suit. 340 Bakersfield, California, August 4, 1982 - Page 6 Adoption of Emergency Ordinance No. 2770 New Series of the Council of the City of Bakersfield adding Chapter 12.57 to the Bakersfield Municipal Code relative to Diving from Public Bridges. Councilman Ratty stated the City is having a problem with people jumping from the Gosford Road Bridge into the Kern River, which is very dangerous and requested the Clerk to read a proposed Emergency Ordinance making it unlawful to jump off any public bridge within the City into any water or waterway flowing thereunder. Police Chief Price indicated that there is no law at the present time to prohibi~ this practice. Councilman Strong stated he felt the penalty of a $300.00 fine or 150 days in jail is too severe. City Attorney Oberholzer stated a penalty of this kind does not mean there would be either a fine or a jail sentence. It just gives the Police Officer the power of arrest or he could issue a citation. It gives the court the ability to make a decision on what they think the penalty should be under the circumstances. The. court can do anything from summary probation and no fine to 150 days in jail and a $300.00 fine. Upon a motion by Councilman Ratty, Emergency Ordinance No. 2770 New Series of the Council of the City of Bakersfield adding Chapter 12.57 to the Bakersfield Municipal Code relative to Diving from Public Bridges, setting the penalty as a Misdemeanor with a fine up to $100.00 or by imprisonment not to exceed 30 days, was adopted by the following roll call vote: Ayes Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Noes None Absent: None Councilman Rockoff thanked the Public Works Department the light brilliance problem at the Mesa Marin for their survey on Area. Bakersfield, California, August 4, 1982 - Page 7 341 Committee~ Transfer REPORTS Councilman Means, Chairman of the Voucher Approval read Report No. 2-82 regarding Golden Empire Transit Area, as follows On May 26, 1982 the City Council adopted a recommendation of the Voucher Committee making City owned property available (parking lot at 20th and "L" Streets), to the Golden Empire Transit District (GET) for a temporary transfer point. This move was to be e£fective August l, 1982, however, the Council made it clear that their action would not preclude the Voucher Committee from meeting with GET officials during the month of June and July in an attempt to develop an alternative that would provide short- term as well as a long-term solution to this issue. In May of this year, the City Council requested the City's Redevelopment A~ency to enter into an agreement with GET and the Kern County Council of Governments (Kern COG) to study the needs and a possible location for a permanent transit facility in the downtown area. As a result, these three agencies have contracted with the firm of Barton-Ashman Associates to do a comprehensive analysis and implementation plan for public transit. Costs will be shared at a rate of $15,000 for Kern COG and $7,500 each for the Redevelopment Agency and GET. Attached to this report is a schedule of meetings that will be held regarding this issue. Also attached is a copy of persons and groups that will be involved in the study. As the Council can see, a great deal of time and effort will be forthcoming on this matter, therefore, the Voucher Committee is recommending a delay in moving the present transfer point at 19th and Chester until this study is completed. It is estimated that the study results will be available within 30 to 60 days. In the interim, GET will work with the Downtown Business Association and individual property owners at the 19th and Chester transfer point to maintain cleaniness in the area. GET has agreed to purchase cleaning equipment for this purpose. Also, the City Police Department is patrolling the area on a regular basis to ensure security. These short-term solutions will hopefully alleviate many of the concerns expressed by the downtown merchants. In the meantime, the Voucher Committee will continue to report back to the Council on this matter. Hopefully, as a result of this study, an orderly answer will be forthcoming in the near future which will deal with an immediate and long-term solution to the location of this transit terminal. If the results of this study indicate that a 342 Bakersfield, Cali£ornia, August 4, 1982 - Page 8 solution cannot be achieved in an accepted time period, then we will make additional recommenda- tions regarding a change in the transfer point from 19th and Chester. Upon a motion by Councilman Means, Voucher Approval Committee Report No. 2-82 regarding Golden Empire Transit Transfer Area, was accepted; and recommendations as outlined in the report, were approved. City Manager Kelmar reported the City has an opportunity to acquire the Sill Parking Lot on the northwest corner of 18th and Eye Streets and the City had it appraised. The appraisal amount was approximately $40,000 lower than the Sill's asking price and they were quite firm on that price. The Downtown Business Association was requested to contribute towards the pur- chase of the lot and they have agreed to it. Yesterday, the Redevelopment Agency unanimously acted to acquire the parking lot, subject to the Downtown Business Association contributing the $40,000. The Agency will then proceed to select a parking con- sultant, bond counsel, design the garage, put it out to bid and ultimately construct a parking structure on that lot. Mr. Younger has agreed to consider leasing the air rights over the convenience store for the purpose of for additional parking~ package to determine the expanding the top floor of the garage out, This will be an alternative in the bid economic feasibility of that type of arrangement. It is being requested that the Council approve the purchase of the lot, in accordance with the agreement between the Redevelopment Agency and Council requiring Council approval of Agency projects. Upon a motion by Councilman Christensen, purchase of the Sill Parking Lot on the northwest corner of 18th and Eye Streets, was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 59 to 198, inclusive, in the amount of $567,748.34. Bakersfield, California, August 4, 1982 - Page 9 343 (b) (c) (d) (e) (f) (g) (h) (J) (k) (1) (m) (n) Claim for Damages from Dean J. Miller, J.D., 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from George A. Boyle, Esq., 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Application for Leave to Present Late Claim for Damages from Jan Tillery, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Application for Leave to Present Late Claim for Damages from Doug and Stephanie Moffet, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Frederick Ricky Clayton, 701 Gay Street, #B, Bakersfield. (Refer to City Attorney) Claim for Damages from Kimberli Robin Alletson, 30 Flower Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Ancora-Verde Corporation, 6708 Fishback Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Joel C. Fulton, P.O. Box 592, Sonora, California. (Refer to City Attorney) Claim for Damages from Ernest Dale Lyle, 3936 Townsend Avenue, Riverbank, California. (Refer to City Attorney) Road Easement from Tenneco Realty Develop- ment Corporation for dedication of east half of Gosford Road between Ming Avenue and White Lane and south half of White Lane between Ashe and Gosford Roads. Improvement Agreement for Parcel Map No. 5551 with Vernon No. I for construction of improvements required by the Planning Commission, located on east side of Mt. Vernon Avenue and south of Bernard Street. Notice of Completion and Acceptance of Work on pavement reconstruction on Beale Avenue, Monterey Street to East Truxtun Avenue, Contract No. 82-64 with Griffith Company. Application for Encroachment Permit from Dr. J. Pulskamp, 3940 San Dimas Street, for construction of a 16 inch high retaining wall behind sidewalk at 3940 San Dimas Street. 344 Bakersfield, California, August 4, 1982 - Page l0 (d) , (e), (o) (P) (q) (r) (s) (t) (u) (v) (w) Upon (f), Application for Encroachment Permit from Douglas G. Garber, 3905 Adidas Avenue, for construction of a 5 foot high chain link fence behind sidewalk at 3905 Adidas Avenue in conformance with the require- ments of the Board of Zoning Adjustment's Modification No. 3800. Application for Encroachment Permit from Boyd and Mary Getz, 3909 Adidas Avenue, for construction of a 3 foot high wrought iron and brick pillar fence at back of sidewalk at 3909 Adidas Avenue. Application for Encroachment Permit from Peter Mossessian, c/o Valley Steel Construction, P.O. Box 1446, Bakersfield, for construction of tree wells with irrigation system at northeast corner of 17th and "K" Streets. Application for Encroachment Permit from Peter Mossessian, c/o Valley Steel Construction, P.O. Box 1446, Bakersfield, for construction of canvas type awnings overhanging sidewalk area at northeast corner of 17th and "K" Streets. License to Encroach on Right-of-Way belonging to the Arvin-Edison Water Storage District for construction and maintenance of a portion of the Kern River Bicycle Trail across the easement for the Arvin-Edison Kern River Siphon. Plans and Specifications for Traffic Signal System Modifications on "L" Street at Truxtun Avenue, 17th Street, 18th Street, 19th Street, 20th Street and 21st Street. Resolution of Intention No. 956 of the Council of the City of Bakersfield declaring its intention to order the vacation of a 30' Building Setback Ease- ment along Chester Avenue between Wilson Road and Dorian Drive in the City of Bakersfield, and setting Wednesday, September 15, 1982, for hearing on the matter before the Council. Request from Clement, Milazzo & Associates for abandonment of right-of-way for a professional office building at 2100 Height Street. (Refer to Planning Com- mission for study and recommendation) Plans for construction of Reinforced Concrete Box Culvert on Stockton Street at Eastside Canal. a motion by Councilman Means, Items (a), (g), (h), (i), (j), (k), (1), (m), (n), (b) , (o), (c), (P), Bakersfield, California, August 4, 1982 - Page 345 (q), (r), (s), (t), (u), (v) and (w) of the Consent Calendar, adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Noes: None Absent: None were Rockoff, Strong ACTION ON BIDS Upon a motion by Councilman Christensen, low bids of Helena Chemical (3 items), in the amount of $7,037.89, and Abate-A- Weed (3 items), in the amount of $5,583.96, for Miscellaneous Chemicals for the Agricultural Water Department, were accepted and all other bids rejected. Upon a motion by Councilman Barton, bid of Jim Alfter Concrete, in the amount of $21,002.50, for Annual Contract for Canal Liner Repair, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, bid of B.C. Chemica] Company, in the amount of $16,770.19, for Annual Contract for Water Treatment Chemicals, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rockoff, bid of American Fence Company, in the amount of $7,706.00, for Annual Contract for Fencing, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Means, low bid of Kern Turf Supply, in the amount of $13,366.56, for Annual Contract for P.V.C. Pipe and Sprinklers, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Strong, all bids for con- struction of the Landfair, Stonepine and Sundale Storm Drain Modifications, were rejected and the Finance Department was authorized to readvertise the project. Upon a motion by Councilman Christensen, low bid of Jacobs Company, in the amount of $229,068.00, for construction of 346 Bakersfield, California, August 4, 1982 - Page 12 tion of Wheelchair Ramps in the Downtown Area, was accepted, other bids rejected and the Mayor was authorized to execute contract. the Kern River Bicycle Trail from Cal-State Bakersfield to Beach Park, Phase I, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of The Asphalt Paving Company, in the amount of $38,631.00, for construc- all the NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield adding Section 2.92.330 C. to Chapter 2.92 of the Bakersfield Municipal Code relative to Fire Department Relief and Pensions. This ordinance implements the recommendation of the Governmental Efficiency and Personnel Committee, adopted at the Council Meeting of July 21, 1982. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Section 2.92.330 C. to Chapter 2.92 of the Bakersfield Municipal Code relative to Fire Department Relief and Pensions. 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 south of Planz Road, west of Madison Avenue. This amendment was initiated by the Planning Commission and would change subject property from an R-1 (One Family Dwelling) Zone to an M-1 (Light Manufacturing), or more restrictive Zone. 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 south of Planz Road, west of Madison Avenue. Bakersfield, California, August 4, 1982 - Page 13 347 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 Gosford Road, between Stockdale Highway and Ming Avenue. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an "A" (Agricultural) Zone to an R-2 (Limited Multiple Family Dwelling) and O-S (Open Space), or more restrictive Zones. 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 Gosford Road, between Stockdale Highway and Ming Avenue. First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 17.53.060 D.3. and 17.53.060 I. of the Bakersfield Municipal Code relative to Site Plan Review. This amendment, initiated by the Planning Commission provides that: With respect to Site Plan Reviews: Class "C" projects would not be automatically denied because they are reclassified to Class "B"; upon reclassification fees paid for Class "C" applications would be credited towards payment of Class "B" fees; appeals could be initiated by the applicant only, rather than "any interested person," the applicants obtaining a Building Permit would constitute a waiver of appeal; the directors' reclassification of a project from Class "C" to Class "B" would not be appealable. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Sections 17.53.060 D.3. and 17.53.060 I. of the Bakersfield Municipal Code relative to Site Plan Review. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.04.330 J. of the Bakersfield Municipal Code relative to Home Occupations. 348 Bakersfield, California, August 4, 1982 - Page 14 This amendment was initiated by the Planning Commission and will permit a limited amount of processing or manufacturing as part of a Home Occupation, if, the Planning Director finds it will be done so that no noise, sound, vibration, odor, fumes or light are emitted from the premises and no volatile or flammable materials are used. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.04.330 J. of the Bakersfield Municipal Code relative to Home Occupations. Adoption of Resolution No. 82-82 of the Council of the City of Bakers- field establishing Sewer Service User Charges and Fees for Fiscal Year 1982-83. Upon a motion by Councilman Payne, Resolution No. 82-82 of the Council of the City of Bakersfield establishing Sewer Service User Charges and Fees for Fiscal Year 1982-83, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Payne, Ratty, Rockoff Noes: Councilman Means Absent: None Abstaining: Councilman Strong Adoption of Resolution No. 83-82 of the Council of the City of Bakers- field providing for the collection of Sewer Charges by the County Tax Collector. This resolution authorizes the County Tax Collector to collect the Sewer User Charges, which are to be billed by the County at the time o£ billing for Property Taxes. Upon a motion by Councilman Payne, Resolution No. of the Council of the City of Bakersfield providing for the of Sewer Charges by the County Tax Collector, was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Barton, Christensen, Councilman Means None Councilman Strong Payne, Ratty, 83-82 collection Rockoff Bakersfield, California, August 4, 1982 - Page 15 349 Approval of Agreement with Carl Warren and Company for services in connection with the duties and responsibilities of administering a Self-Insurance Program. Carl Warren offered the following three alternatives for the 1982-83 Fiscal Year contract for Adjuster Services: 1. A one-year contract at a rate of $23.20 per hour. A two-year contract with the first year at $23.00 per hour, the second year not to exceed $25.00 per hour, but to be determined by the base rate charged by Carl Warren for other customers. A contract that automatically renews subject to cancellation by the City with 60 days' notice, renegotiated each year, but at a rate of $23.00 for Fiscal Year 1982-83. The City Attorney's Office recommends Alternative No. 3. Upon a motion by Councilman Rockoff, Agreement with Carl Warren and Company for services in connection with the duties and responsibilities of administering a Self-Insurance Program, containing the provisions of Alternative No. 3, was approved and the Mayor was authorized to execute same. Reception and Filing of Petition for the Acquisition of Improvements by Special Assessment and Assessment Bond Acts, and Waiver of Proceedings under Division 4 of the Streets and Highways Code, City of Bakersfield Acquisition Assessment District, Stockdale Sewer Trunkline Improve- ments, County of Kern, State of California. Land owners in the proposed assessment area for the Stockdale Sewer Trunkline (City Assessment District 82-1), are submitting their petition requesting the City to form an Assess- ment District for the acquisition of the Stockdale Trunkline Sewer. The Council approved an agreement with Tenneco Realty Development Corporation on July 7, 1982, directing Tenneco to construct the Trunkline Sewer as a condition of tentative subdivision approvals and also committing the City to the formation of an Assessment 350 Bakersfield, California, August 4, 1982 - Page 16 District to acquire the completed Trunkline Sewer. The filing of the petition is the first step in the process of forming the Assess- ment District. Upon a motion by Councilman Payne, Petition for the acquisition of improvements by Special Assessment and Assessment Bond Acts, and Waiver of Proceedings under Division 4 of the Streets and Highways Code, City of Bakersfield Acquisition Assess- ment District, Stockdale Sewer Trunkline Improvements, County of Kern, State of California, was received and ordered placed on file. Reception and Filing of Engineer's Statement entitled "Certificate that Petition for Improvements Exceeds 60 Percent, City of Bakersfield Acqui- sition Assessment District, Stock- dale Sewer Trunkline Improvements, County of Kern, State of California (City of Bakersfield Assessment District No. 82-1)." Consulting Civil Engineer, Edward J. Wilson, has been asked by the staff of the Public Works Department to review the petition filed by proponents of the Stockdale Sewer Trunkline Project and determine whether it has been signed by the owners of more than 60% of the land area to be assessed for Trunkline acquisition costs. Mr. Wilson, a licensed Civil Engineer, has completed his review of the petition and herewith submits his official statements certifying that the petition is sufficient. Upon a motion by Councilman Payne, Engineer's Statement entitled "Certificate that Petition for Improvements Exceeds 60 Percent, City of Bakersfield Acquisition Assessment District, Stockdale Sewer Trunkline Improvements, County of Kern, State of California (City of Bakersfield Assessment District No. 82-1)," was received and ordered placed on file. Reception and Filing of Letter of Appraisal of the Proposed Project Assessment Area prepared for the City by Bruce A. Beaudoin, Appraiser, confirming that the proposed assess- ment amount of $8,503,700, will be less than 75 percent of the total estimated fair market value of properties proposed to be assessed for Trunkline Improvements (City of Bakersfield Assessment District No. 82-1). Bakersfield, California, August 4, 1982 - Page The Streets and Highways Code requires that when public improvements, which have been installed pursuant to conditions of tract approval, are to be acquired from a developer by a City through the formation of an Assessment District and sale of Assess- merit Bonds, the City must make a finding during those proceedings that the assessment does not exceed 75% of the fair market value of the property after the improvements have been installed. Mr. Beaudoin has been retained by the City to make an appraisal of the area to be assessed. This letter confirms that the assessment will not exceed 75% of the land value and, therefore, provides the backup documentation for the Council to refer to when requested, later in the assessment proceedings, to make the necessary finding. Upon a motion by Councilman Payne, Letter of Appraisal of the Proposed Project Assessment Area prepared for the City by Bruce A. Beaudoi~ Appraiser, confirming that the proposed assess- ment amount of $8,503,700, will be less than 75% of the total estimated fair market value of properties proposed to be assessed for Trunkline Improvements (City of Bakersfield Assessment District No. 82-1), was received and ordered placed on file. Adoption of Resolution No. 84-82 determining to undertake proceedings pursuant to Special Assessment and Assessment Bond Acts for the acqui- sition of improvements without proceedings under Division 4 of the Streets and Highways Code, City of Bakersfield Assessment District No. 82-1. Adoption of this resolution will give the City juris- diction for the formation of an Assessment District for the acquisition of sanitary sewer facilities to be constructed by Tenneco Realty Development Corporation, pursuant to an agreement between the City and Tenneco adopted July 7, 1982. The resolution acknowledges receipt of the petition and Engineer's Certificate that owners of more than 60% of the land area are to be assessed for the cost of the acquisition have signed the petition, which requests that the Council initiate these proceedings. The resolution 352 Bakersfield, California, August 4, 1982 - Page 18 further notes that all costs of the acquisition are to be included in the assessment and the public convenience will be served by undertaking the assessment proceedings. The resolution makes findings that the petition has been filed and that proceedings under the 1931 Majority Debt Limit Act are waived upon request of the petitioners. It further finds that the assessment proceedings shall be conducted pursuant to the Municipal Improvement Act of 1923 and bonds issued pursuant to the Improvement Act of 1915. The proposed Assessment District includes both incorporated and unincorporated areas and the Board of Supervisors gave their approval on July 20, 1982, for City assessment of the unincorporated portions of the Assessment District. Upon a motion by Councilman Barton, Resolution No. 84-82 determining to undertake proceedings pursuant to Special Assessment and Assessment Bond Acts for the acquisition of improvements with- out proceedings under Division 4 of the Streets and Highways Code, City of Bakersfield Assessment District No. 82-1, was adopted by the following roll call vote: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Ayes: Noes: None Absent: None Adoption of Resolution No. 85-82 describing proposed boundaries of Assessment District, directing the filing of Map and Assessment Diagram and the recordation of Notice of Assessment, City of Bakersfield Assessment District No. 82-1. This resolution formally adopts the boundary map of the proposed Assessment District, directs the Clerk to file the map and record it not later than 15 days prior to the final property owner protest hearing, to be scheduled at a later date. It further directs the Clerk to file the Assessment Diagram with the County Recorder after the assessment has been confirmed (not until the Spring of 1983), and to also sign and record a Notice of Assessment following final confirmation of the District. Bakersfield, California, August 4, 1982 - Page 353 Upon a motion by Councilman Barton, Resolution No. 85-82 describing proposed boundaries of Assessment District, directing the filing of Map and Assessment Diagram and the recordation of Notice of Assessment, City of Bakersfield Assessment District No. 82-1, 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. 86-82 appointing Engineer of Work, City of Bakersfield Assessment District No. 82-1. This resolution appoints the Director of Public Works of the City of Bakersfield as the Engineer of Work for performing all engineering work necessary to complete the assessment proceedings. It further authorizes the Engineer of Work to receive, review and approve the assessment engineering services being provided by Consulting Engineer Ed Wilson of Wilson & Associates for Assess- ment District No. 82-1, pursuant to his agreement with Tenneco Realty Development Corporation. It further recognizes the assess- ment engineering services as eligible costs for the assessment proceedings and, in addition, recognizes all engineering fees and all other charges as incidental expenses of the project that are to be assessed as a portion of the total cost of the Sewer Trunk- line acquisition. Mr. Ed Wilson, Consulting Engineer, answered questions of Councilman Strong regarding his fees and stated he would be happy to submit a copy of the schedule of charges. Upon a motion by Councilman Ratty, Resolution No. 86-82 appointing Engineer of Work, City of Bakersfield Assessment District No. 82-1, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Christensen, Means, Rockoff, Strong None Payne, Ratty, None 354 Bakersfield, California, August 4, 1982 - Page 20 Approval of Agreement with Richard H. Hargrove, Hargrove & Campagna, Bond Counsel for Legal Services for Bond Issuance for City of Bakersfield Assessment District No. 82-1. This agreement is presented by Attorney Richard H. Hargrove, Hargrove & Campagna, for representing the City as Bond Counsel during the proceedings for Assessment District No. 82-1. All costs for legal services and all other costs for the assess- ment proceedings are to be paid by Tenneco, by the Council on July 7, 1982, for these services. Mr. Richard Hargrove, so the City Bond Counsel, per agreement approved has no cost liability answered questions of Adoption of Resolution No. 87-82 appointing Attorney for Sewer Project, City of Bakersfield Assess- ment District No. 82-1 This resolution appoints Attorney Richard H. Hargrove, Hargrove & Campagna as Bond Counsel for Assessment District No. 82-1 and authorizes all attorney's fees as incidental expenses chargeable to the assessment proceedings and not to the City. Upon a motion by Councilman Christensen, Resolution No. 87-82 appointing Attorney for Sewer Project, City of Bakersfield Assessment District No. 82-1, was adopted by the following roll call Ayes: Noes: Absent: vote: Councilmen Barton, Christensen, Means, Rockoff, Strong None None Payne, Ratty, execute same. Councilman Rockoff regarding his fees. Upon a motion by Councilman Rockoff, Agreement with Richard H. Hargrove, Hargrove & Campagna, Bond Counsel, for Legal Services for Bond Issuance for City of Bakersfield Assessment District No. 82-1, was approved and the Mayor was authorized to Bakersfield, Cali£ornia, August 4, 1982 - Page 21 3 55 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Barton, the meeting was adjourned at 9:30 P.M. MAy~~/~~ lAYOR o~he City o~f Bakersfield, Calif. ATTEST: CITY CLERK ~nd E~ Officio Clerk of the Council of the City of Bakersfield, California ma 356 Bakersfield, California, August 4, 1982 Minutes of a budget session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 9:30 P.M., August 4, 1982. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance. The City Clerk called the roll as follows: followed Present: Mayor Shell. Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Absent: None CLOSED SESSION by Councilman Christensen, salary. motion. Upon a motion the Council follows: According to the City's Chief Negotiator, Gene Bell, Memorandums of Understanding with the various employee organizations have not been reached, and in one case an impasse has been declared. The Service Employees International The budget session was reconvened at 12:25 A.M. CLOSED SESSION Upon a motion by Councilman Rockoff, the Council recessec[ to a Closed Session at 12:27 A.M. to discuss the basic compensation of the City Manager's contract. The budget session was reconvened at 12:55 A.M. BUDGET SESSION Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 5-82, regarding Salaries for Management, General Supervisory and Confidential Employees, as recessed to a Closed Session at 9:31 P.M. to discuss labor nego- tiations and the basic compensation of the City Manager's contract. The budget session was reconvened at ll:10 P.M. CLOSED SESSION Upon a motion by Councilman Ratty, the Council recessed to a Closed Session at 11:12 P.M. to discuss the City Attorney's Councilman Christensen voted in the negative on this Bakersfield, California, August 4, 1982 - Page 2 357 Union (SEIU), has notified the City that they feel we are at an impasse and have requested the services of a mediator in an attempt to resolve the issues. Meet and Confer Sessions with the Police, Fire and Fire Supervisory Units wil~ continue, and hopefully, an amicable solution will be arrived at in the near future. Consulting Sessions with the Police supervisors will also continue, as they have selected to finalize their position based on the Police negotiations. In the interim, based on approvals of the Management, General Employees Supervisory Units and Confidential Employees, the Governmental Efficiency and Personnel Committee is making the following recommendations for Council approval: MANAGEMENT, GENERAL EMPLOYEES SUPERVISORY AND CONFIDENTIAL EMPLOYEES 1. 5% salary increase retroactive to June 28, 1982. Medical insurance premium paid at the rate of 80% of the family premium by the City, 20% by the employee. Any increase in premium to be paid by the City until negotiations are concluded with the other units. The total annual cost for the Management Group is $175,000 and the General Supervisory Unit's annual cost is $109,000. Confidential Employee costs wil~ be included in the Blue and White Collar negotiations, however, the costs are minimal as there are only 18 employees in this group. All Management Employees, with the exception of the City Manager, who is covered under contract, are to be included in these two recommendations. RETIRED EMPLOYEES Medical insurance premium increases to be picked up by the City until negotiations are concluded with employee organizations. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 5-82 regarding Salaries for Management, General Supervisory and Confidential Employees, was accepted; and recommendations as outlined in the report, were approved. Councilman Payne stated the Council met in Closed Session to discuss and evaluate the performance of City Manager Kelmar and found it satisfactory. Bakersfield, California, August 4, 1982 - Page 3 Upon a motion by Councilman Payne, City Manager Kelmar is to be advanced to Step No. 4 and receive the same benefits and salary increase as granted the Management Unit. Councilman Payne stated the Council met in Closed Session to discuss and evaluate the performance of City Attorney Oberholzer and found it satisfactory. Upon a motion by Councilman Payne, is to be advanced to Step No. 5 and receive the salary increase as granted the Management Unit RECESS Upon a motion by Councilman Barton, the Council recessed its budget session at l:00 A.M., until a report is received from the Governmental Efficiency and Personnel Committee regarding Meet and Confer Sessions with the remaining Employee Units. City Attorney Oberholzer same benefits and ATTEST: CITY Offficio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, August 10, 1982 359 Minutes of a Special Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 12:00 Noon, August 10, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong (seated at 12:10 P.M.), Barton Absent: None CLOSED SESSION Upon a motion by Councilman Christensen, the Council recessed to a Closed Session at 12:01 P.M. to discuss labor negotiations. The Special Meeting was reconvened at 1:43 P.M. ADJOURNMENT Upon a motion by Councilman Barton, the Special Meeting was adjourned at 1:45 P.M. Council MAYOR f ~- B~, ~YOR%Ci't y of akersfield ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma Calif. Bakersfield, California, August 18, 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., August 18, 1982. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance and Invocation by Mayor Shell. Present: Absent: followed The Mayor Shell. City Clerk called the roll as follows: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen None Minutes of the budget sessions of July 29, 1982 and special August 4, 1982, regular meeting of August 4, 1982, and meeting of August 10, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Michael Moore, Kern District Manager of Pacific Gas and Electric Company, requested a resolution supporting Pacific Gas and Electric Company's relicensing request for the Mokelumne River and Rock Creek Cresta Hydroelectric Generation Facilities in Northern California. Mr. Moore indicated that if these facilities were relicensed to the requesting cities it would have a reoccurring expense to Kern County resi~ents of $12,000,000 annually. The financial impact on the City of Bakersfield from the Rock Creek Cresta Project would be $500,000 and the Mokelumne River Project would be $800,000. In answer to a question by Councilman Means, Mr. Moore stated the relicensing action is in progress at the present time. Councilman Barton stated he has no reservation about supporting this request, because it appears the residents of the City would be faced with increased utility rates in excess of $1,000,000 per year. Adoption of Resolution No. 88-82 of the Council of the City of Bakers- field opposing those seeking to takeover Pacific Gas and Electric Hydroelectric Projects. Bakersfield, California, August 18, 1982 - Page 2 3,61 Upon a motion by Councilman Barton, Resolution No. 88-82 of the Council of the City of Bakersfield opposing those seeking to takeover Pacific Gas and Electric Hydroelectric Projects, was adopted by the following roll call vote: Ayes Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes None Absent: None Mr. Robert John Wilcox, 1105 Bermuda Street, expressed his disapproval regarding the notification he received that his sewer service will be disconnected for failure to sign a License Agreement for City Sewer Service in Unincorporated Areas (Chapter 4.16 of the Municipal Code), and requested an explanation of Sections 7, 9, 10 and 13 contained in said agreement. City Attorney Oberholzer stated the City has an ordinanc,~ that requires that Mr. Wilcox enter into this agreement within a certain period of time or the service will be disconnected. The ordinance does not have a provision whereby this requirement can be waived. Mr. Wilcox has been given the required 30 days written notice, which will be up next Monday. City Attorney Oberholzer explained Sections 7, 9, l0 and 13 to Mr. Wilcox. After discussion, Mr. Wilcox requested that the License Agreement for City Sewer Service in Unincorporated Areas be written in language that can be understood by the average person and indicated he was signing the agreement and presenting it to staff. Mr. Bill Cunningham and Mr. Wynn Hanson, Past-Presidents of the International Association of Auditorium Managers and representing that organization, presented the 1982 Charles A. McElravy Award, their highest honor, to Auditorium-Recreation Manager Charles P. Graviss. ~s. Karen Daugherty, Promotion Director of the Ice Capades, extended an invitation to the Mayor and Council to attend the Ice Capades' Opening Night Party on September 1, 1982, and performance on Thursday, September 2, 1982. 36'2 Bakersfield, California, August 18, 1982 - Page 3 (The following is a transcript requested by Councilman Strong regarding the cancellation of an Appeal hearing by Verneda Pierce to the decision of the Planning Commission upholding the decision of the Site Plan Review Committee granting application of Highland Towing Service to establish a storage yard for disabled vehicles for impoundment and security for the Bakersfield Police Department, Kern County Sheriff's Office, California Highway Patrol, insurance companies and private individuals, affecting that certain property generally located at the southeast corner of 3rd and "V" Streets, having a business address of 217 South Union Avenue.) MAYOR SHELL: I've been asked by Mr. Tom Fallgatter to announce that those of you who are in the audience might be here on an Appeal on a towing service, location on Union Avenue, that is not on the agenda. S~ I wanted to tell anyone in the audience to please not wait for it, because it's not going to be heard tonight and Mr. Fallgatter has asked to address the Council on this item. TOM FALLGATTER: Thank you Mayor Shell and members of the Council. I'll only take a couple of minutes of your time. I'd first like to simply ask for a formal statement as to why this item was not on this evening's agenda. please? MAYOR SHELL: Yes. Mr. Oberholzer can you answer that, CITY ATTORNEY OBERHOLZER: Yes Mayor Shell, we received it and determined that the use of that property, in the zone was not consistent .... that the use was not consistent with the zoning, did not meet the Zoning Ordinance and consequently it was a moot issue before the City Council. MAYOR SHELL: All right. We have some requests I presume, questions from the Council. Councilman Christensen. COUNCILMAN CHRISTENSEN: I believe our City Manager, when he went through the agenda, on Page ll, said to drop Item (c), 4 (c). CITY ATTORNEY OBERHOLZER: It's not not on the agenda. I don't think he on the agenda. It's Bakersfield, California, August 18, 1982 - Page 4 363 COUNCILMAN CHRISTENSEN: Well, the Junk Yard is here. UNKNOWN: That's an Emergency Ordinance. CITY ATTORNEY OBERHOLZER: That's an ordinance. MAYOR SHELL: Oh, that's on abandonment .... CITY MANAGER KELMAR: MAYOR SHELL: Yes, Mr. CITY MANAGER KELMAR: Fallgarter is Mr. evening on an Appeal, and that item is not on the COUNCILMAN CHRISTENSEN: Oh, all right, this here. yOU, Mayor Shell, Councilmen .... Kelmar .... .... that particular referring to, was scheduled to be agenda. it's this item, then, a hearing this item, MAYOR SHELL: All right, Councilman Means. COUNCILMAN CHRISTENSEN: .... it's the ordinance. Thank MAYOR SHELL: Councilman Means. COUNCILMAN MEANS: Yes, thank you Mayor. question. Did we receive notice that that item has been taken the agenda and did I miss that? MAYOR SHELL: Mr. Oberholzer. COUNCILMAN CHRISTENSEN: No. CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman Means, I don't know if you received notice. There's a .... you'll find a memorandum in your packets, or you would have if it went out on Friday, that explains the reason for removal of this item from the agenda. The fact that it becomes a legally moot issue. There is no Site Plan Review for the Council to consider. It was in the Council packets. MAYOR SHELL: Does COUNCILMAN MEANS: that answer your question? Was that information given to Mr. I also had a off Fallgatter or who he is representing? CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman Means, a copy of my memorandum explaining the legal phases, along 364 Bakersfield, California, August 18, 1982 - Page 5 with a letter from Mr. Sceales, went to Mrs. Bookout, who is the applicant for the use of this property for Highland Towing. TOM FALLGATTER: Mayor Shell. MAYOR SHELL: Yes Mr. Fallgatter. TOM FALLGATTER: If I may. I'm someone like the gentle- man from Kern City and I'll take advantage of the compliment that Councilman Ratty gave the staff and ask them to indulge me a little bit. I'd like a more specific explanation as to what authority the City staff presumes that it can arbitrarily remove an item from the Council's agenda. What ordinance they are making that removal under? What authority they have to do that? MAYOR SHELL:. Mr. Oberholzer. CITY ATTORNEY OBERHOLZER: Mayor Shell, there simply is nothing before this Council which it can hear. There was no issue to be presented before the Council. Pursuant to the ordinance, there was a determination made that this use was not consistent with the zoning. If the applicant challenges that contention, they make their appeal to the Planning Commission, if they feel that the interpretation of the ordinance was incorrect. The Planning Commission has the final determination with respect to the issue of whether or not the ordinance is being interpreted correctly. TOM FALLGATTER: Well Mayor Shell, I would ask who made the determination? Mr. Oberholzer's indicated that there was a determination made. I would like to know who made that determina- tion and what gives them that authority, since the Planning Commission had already ruled on the Site Plan Appeal and approved it on a 5-0 vote. I'm just asking for, specifically, who made the determination that there was nothing that could be heard by the Council and under what authority they made that determination. MAYOR SHELL: Yes. Can you answer that Mr. Oberholzer? CITY ATTORNEY OBERHOLZER: Yes, Mayor Shell. It was made pursuant to the ordinance, the new ordinance that was adopted Bakers£ield, California, August 18, 1982 - Page 6 by City, and I don't have the section in front of me. I did .... Mr. Fallgatter is aware of it because we had a meeting last week and did go over that particular section. The Planning Director is authorized to make the determination with respect to the use of the property, whether it complies with the present zoning. The applicant can then make the appeal to the City Council. So the letter went out under the Planning Director's signature, Mr. Sceales' signature, pursuant to an interpretation or legal notifi- cation from our office with respect to the use of that property. TOM FALLGATTER: Mayor Shell. MAYOR SHELL: Yes, Mr. Fallgatter. TOM FALLGATTER: I just want to be sure I understand, then, what Mr. Oberholzer is saying; that the determination was made by the Director of Planning? MAYOR SHELL: Mr. Oberholzer, is that correct? CITY ATTORNEY OBERHOLZER: That's correct Mayor Shell ..... TOM FALLGATTER: And he has the authority to make that determination? CITY ATTORNEY OBERHOLZER: That's correct. TOM FALLGATTER: Just a few more moments of the Council'~ time. For the record, I would like to indicate that my counsel, Highland Towing, does not accept Mr. Oberholzer's interpretation that this matter can be pulled from the Council's agenda tonight and we would ask that the Site Plan Appeal, that was originally scheduled for tonight, be heard tonight as it should be. Just to take a few minutes of the Council's time, I'd like to remind the members of the Council the history of this project. It's been almost a year ago that my client was told that the storage of wrecked and disabled vehicles was a permitted use in an M-1 Zone; and after she has signed three different leases for the property ; after she's expended in excess of $7,000; after the City staff made an initial determination that it was a permitted use; after a Site Plan was approved of, by the City staff; after the Planning 366 Bakersfield, California, August 18, 1982 - Page 7 Commission, upon advice from the City Attorney's Office, voted 5-0 in favor of this project; the staff has done a flip-flop and now makes determination that it's not a permitted use and my client having expended significant amount of money, having relied on an orderly process through the City of Bakersfield and having spent almost a year of her time locating and negotiating the right to enjoy the use of this property .... as I indicated, we don't concede that the City has the right to do this. Yet, this is the sort of arbitrary and capricious action that discourages business activity and causes public contempt for government. It's absolutely ludicrous that the City can take a position so long and so far and so officially. Now, we're not talking about a telephone call, we're talking about a Site Plan Review process, which was approved by the staff. We're talking about a Planning Commission hearing on an Appeal, where the City Attorney's Office ruled that the use proposed was a permitted use. It's ludicrous that after that long and continued representation, on behalf of the City that this use is permitted, that then this can be arbitrarily pulled from the agenda. I would like to say that, again, we don't accept that position. We would like to see the matter heard tonight. I would now, at this point, to formally request that the Appeal that was originally scheduled for this evening's Council Meeting be heard on the basis that there is absolutely no legal authority for the Council to refuse to hear it. I'd like some formal reaction from the Council with regard to that. MAYOR SHELL: Okay. Yes. There are certain questions that have to be answered in regard to this, but first of all, as you well know it, a hearing was noticed and given public notice. Mrs. Anderson was there public notice of a hearing to be scheduled tonight? ASSISTANT CITY CLERK ANDERSON: MAYOR SHELL: There was, all right. Councilmen who want Yes, there was. We have various to comment on this. Councilman Means. Bakersfield, California, August 18, 1982 - Page 8 367 COUNCILMAN MEANS: Yes, the point I wanted to make was on one specific issue. Whether or not we should hear the Appeal, I think, is a separate .... and I'm not commenting on that at this point .... but, I would like to convey to Mr. Oberholzer that, while I don't think it was arbitrary for you to pull this particular item, I do think it was in appropriate. I don't know whether there should be some consensus of the Council or an actual motion, but I don't think any item, particularly one that there has been some misunderstandings and perhaps some .... obviously there have been some serious concerns on both sides of this agenda item, when it left the Planning Commission, should then not be pulled. I feel, and I guess what I'm communicating to you, is that, it should have been left on the agenda. Then when we got the agenda tonight, perhaps, under our pre-meeting would be the time to say that you don't feel like that the item should be heard, because it no longer is appropriate. That that's the point, then I would feel very comfortable making that decision, but I don't think it should be pulled from the agenda. MAYOR SHELL: on that? Mr. Oberholzer would you like to comment CITY ATTORNEY OBERHOLZER: Yes, Mayor Shell and Council- man Means. Legally this body, this board, the City Council has no power to hear this particular issue at this time. Putting it on the agenda, announcing it at the pre-meeting, that may have been a way. I don't know if you wanted it on the agenda. The point was that you were given, at least we attempted to give each of the Council members, the complete backup information with the reasons that it was not on the agenda on Friday. The actual applicant, by that I mean those individuals who appealed to the City Council, were notified, also, last week. The appellant is not Mr. Fallgatter, it was the other individuals, who are the surrounding property owners. 368 Bakersfield, California, August 18, 1982 - Page 9 MAYOR SHELL: Is there further questions? COUNCILMAN MEANS: Mayor .... Yes. Mr. Oberholzer, I just read your memo, again, to see if I didn't miss anything. I under- stand the legal discussion you're bringing forth. That's not my question at all. And, as I think I've already .... I've met with Mrs. Bookout before, probably was going to .... at least as far as I could tell, I was leaning against her request, so I'm not arguing this in behalf of that particular request. All I'm saying, is that, there is a different separate point and that is on any particular item that's put on the agenda, particularly one that has consequences on both sides, where a number of people are con- cerned. I think the appearance of some inappropriate action is just escalated, if that item is taken off the agenda before it's brought down to this Council, and all the reasons that you then discussed in your memo should have been discussed at the pre-meeting. MAYOR SHELL: All right. Did you want to say anything more on that. All right. Councilman Ratty. COUNCILMAN RATTY: Yes, I'm really very embarrassed about how this has all come about. Even from a governmental standpoint, I think it's really embarrassing for the City to have this happen. I think it never should have happened. As I know it really shouldn't have happened and it shouldn't have gone as far as it did without being stopped or reversed or something happened a long time ago and it got to this point. I think staff has to take the burden of this responsibility, and I think it's something the City Council has to understand that this is what happened. That this is a foul-up or something was overlooked or wasn't put on. I think our staff does take that responsibility, that this is not something that happens, it's something that did happen. process. got out I'm totally sympathetic with your frustration with the That you went on so long and the whole problem has just of hand. I would much rather have seen this thing, when Bakersfield, California, August 18, 1982 - Page l0 369 things changed, have it stopped earlier, but that didn't happen and it got to this point now. All I'm trying to say is, that, I'm embarrassed and I think a lot of people are embarrassed about it went so far, but we have to live by the City Attorney and what he says. I've expressed my opinions to Mr. Oberholzer and what I thought about the situation, but he says that this is the way it has to be handled. We have to take his legal advice and that's the legal advice we have to take, and that's where I'm at. If he says that this is a moot question, then it's a moot question to me, because he's our legal advice and that's the way it is. That's the way I look at it. MAYOR SHELL: All right. Did you want to comment .... TOM FALLGATTER: Well no, actually Mayor, I understand the .... I appreciate Councilman Ratty's remarks and I understand, that I certainly wouldn't advise him not to take the advice of his Attorney, practicing that profession myself. I can't agree with what his Attorney's telling him. What I'm really asking for, at this point though, is, something indicating the at this time. That that going to abide by staff. I want a formal resolution or motion or City is not going to consider that Appeal is the Council's position, that they're I'd like to have something formal in the record, that they are .... it was considered and the decision was made not to hear the Appeal. MAYOR SHELL: All right. We have a couple of other requests from members of the Council. Councilman Christensen. COUNCILMAN CHRISTENSEN: I particularly don't care whether it's a moot question. I'm concerne~ is it right. What I'd like to know is, from our Attorney, Attorney Fallgatter has made about eight or nine very very strong acquisitions and if they're true~ I think his client has been woefully mislead. I think it's tragic if the Council doesn't consider the Appeal tonight. 370 Bakersfield, California, August 18, 1982 - Page MAYOR SHELL: Did anyone want to make comment on that? COUNCILMAN CHRISTENSEN: I'd like to move that it be heard tonight. It's on the schedule and should be heard. MAYOR SHELL: Well, there's not proper notice, I don't believe. The appellants have been told that it was not going to be on the agenda and .... COUNCILMAN CHRISTENSEN: Well, then I'd like .... MAYOR SHELL: .... people have already left, because, at your request, I said that it wasn't going to be heard and people left, but Mr. Oberholzer do you a .... CITY ATTORNEY OBERHOLZER: Mayor Shell, it makes absolutely no difference whether or not there was a hearing on Site Plan Review tonight. I mean, it makes literally no difference, because the decision has already been made that it didn't meet the very basic .... the applicant did not meet the very basic requiremen-ks of the Code. That is, by way of an ordinance that was adopted and became effective in April of this year. That particular use is inconsistent with the zoning on that property. Now, Mr. Fallgatter indicated he's been .... his applicant has been working with the staff for over a year on this project. That's correct and a year ago that particular use, in this zone, was a permitted use. In fact, if the applicant had proceeded to complete her action on that and start using it before the date that you passed the new ZORAC Ordinance, she would have had what we would have termed a pre-existing .... a nonconforming legal use. That is, it was in use before the new ordinance passed, and although it doesn't meet the new ordinance requirements, it met the old ordinance requirements. But that didn't happen before that date, and it continued to process on through. At some stage or another, I agree with Mr. Fallgatter, there may have been some problems at the. Planning Commission with respect to not .... what I feel, is not a complete understanding of the whole provision within that ZORAC Ordinance, defining Junk Yard now, but at some stage, I have the responsibility Bakersfield, California, August 18, 1982 - Page 12 371 to this Council to advise them and advise the City on what the correct interpretation is. After reviewing that, I issued a memorandum to the Planning Director indicating what the correct interpreation of that is. Now, I think what a Junk Yard is and their particular use on the property. One thing that. happened during the course of the adoption of the ZORAC was that, there are a lot of new ordinances and we're going through a system or a series of changes that several ordinances that you had before you. We changed, as you recall, a huge pile of ordinances to incorporate an all new zoning provisions. Included in that was a definition of Junk Yard and added to the definition of Junk Yard was dismantled or wrecked vehicles, whether self-propelled or not. That was never in there before. That became effective in April of this year. So it kind of slipped in and, I think, perhaps, some people didn't realize that that slipped in. It changed what the Planning Department had previously been using, a criteria for determining what was a Junk Yard; that is, they were determining Junk Yard as scrap metal, dismantling type operations. So, consequently this right into the category of a Junk Yard, which means it's only permitted in an M-2 Zone. Now, the Planning Department, along with our office, along with Mr. Fallgatter and Mrs. Bookout, when they came to us, we met with them l~st week, we explained the problem. We proposed to the Council a new ordinance and that it would give them an opportunity to have that type of operation in an M-1 Zone, it's before you this evening for referral to the Planning Commission. We've attempted to work with them to try and rectify. So, to sit here and say that we've been all the bad guys, we're not perfect and I'm not going to sit here and say we are perfect and that we've done everything right along the way, but we're trying to assist Mrs. Bookout in her problem that she has under the present ordinance that's in existence in the City. We have before you, this evening, a proposal to change that ordinance. 372 Bakersfield, California, August 18, 1982 - Page 13 COUNCILMAN CHRISTENSEN: Then, I have to believe that the Planning Commission has deteriorated since it acquired two lawyers and an architect on it, who read the material and should be able to understand it. MAYOR SHELL: Councilman Payne. COUNCILMAN PAYNE: Thank you, your honor. I understand what Mr. Fallgatter is saying and I understand what Mr. Oberholzer is saying, but regardless of what action we take everybody wants to stay within the perimeters of the law. Nonetheless, I think it's the desire of this Council that we don't leave Mr. Fallgatter's client out in left-field with nowhere to go and no recourse, if that's avoidable, particularly, if she's in that position as a result of some unintentional misinformation, possibly, on behalf of City staff. The new ordinance proposed, as under New Business 4 (c), Page 11 .... in the event that ordinance is approved by the Council tonight, what happens? MAYOR SHELL: Mr. Oberholzer. CITY ATTORNEY OBERHOLZER: Mayor Shell, Councilman Payne, that's for referral to the Planning Commission and the Planning Commission will hold a hearing on it, return it to the City Council, which will be in September, and we propose it as an Emergency Ordinance so that you could adopt it immediately, if that's the desire of the Council. But, what it would do, it would allow an Impound Yard. First of all, it redefines Junk Yard. Redefines Junk Yard and then classifies certain areas. In an Impound Yard is allowable in an M-1 Zone, unless it's within a 150 feet of residential area. If it's within a 150 feet of a residential area, it's allowed in an M-1 Zone with a Conditional Use Permit. It's also allowed, of course, in an M-2 Zone. There are other provisions for use in C-2 Zone for wrecked vehicles being stored pursuant to a repair that is to be done on those vehicles on the same site. That is, where they have a repair garage. Now, these Bakersfield, Cali£ornia, August 18, 1982 - Page 14 37:3 are suggestions by the Planning staff and by our office to the Council, and if you want to make some changes to those provisions, you could make those changes. COUNCILMAN PAYNE: Okay, we're talking about an additional 30 days then, approximately, hopefully. CITY ATTORNEY OBERHOLZER: That's correct. COUNCILMAN PAYNE: What happens if the Planning Commission, after a public hearing, desires not to approve the new definition? Can they do that? CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman Payne, they can it .... but you can still override it and pass the ordinance yourself. COUNCILMAN PAYNE: After what period of time? After it comes back to the Council? CITY ATTORNEY OBERHOLZER: That's correct. COUNCILMAN PAYNE: When would it come back to the Council, time wise? CITY ATTORNEY OBERROLZER: After their next meeting, probably be .... it would be in September that it would back to you. They have a meeting tomorrow night. It would be two weeks from tomorrow night that they probably would have that meeting, which would be their first meeting in September .... the 2nd of September. MAYOR SHELL: Mr. Sceales was trying to get your attention Mr. Oberholzer. PLANNING DIRECTOR SCEALES: (Unintelligible, Mr. Sceales was talking from the audience.) CITY ATTORNEY OBERHOLZER: The 16th of September, it will be heard by the Planning Commission. COUNCILMAN PAYNE: And then approximately two weeks thereafter it would come back to the Council. CITY ATTORNEY OBERHOLZER: Whenever, it would come back to the Council immediately with its' next meeting. If there's a meeting on the 22nd of September, it would come back on that date. It would be back on the 22nd of September? 374 Bakersfield, California, August 18, 1982 - Page 15 ASSISTANT CITY CLERK ANDERSON: The 29th. CITY ATTORNEY OBERHOLZER: The 29th of September. COUNCILMAN PAYNE: As I understand it, it would be .... the new proposed ordinance would only allow the use sought by Mr. Fallgatter, if the actual physical location is not within 150 feet of a residential neighborhood. Is that correct? CITY ATTORNEY OBERHOLZER: That's correct. COUNCILMAN PAYNE: In this particular case it is definitely within a 150 feet. Is it not? CITY ATTORNEY OBERHOLZER: I guess it is. It depends if it joins residential property. I would think there probably is, within that distance. COUNCILMAN PAYNE: Therefore, since the property is and it's within a 150 feet, even if it's approved here and it's adopted by the Planning Commission, they accomplish nothing as far as being able to utilize that property, other than the fact that they now have the opportunity to go before the Board of Zoning Adjustment and request a Conditional Use Permit. Is that correct? CITY ATTORNEY OBERHOLZER: Mayor Shell, Councilman Payne, that's correct, the way it's presently written. If you want to change that, that's your prerogative. You can make any changes to that and take out that restriction if you desire. A second point that I want to make that I advised Mr. Fallgatter of, and that is, that presently, today, he could apply to the Board of Zoning Adjustment for a Conditional Use Permit for the type of operation that Highland Towing is seeking on that property, under our present ordinance. That won't happen in awhile, if you pass an ordinance that was proposed to you and has been sent to the Planning Commission; that is, an ordinance that is changing the definition of Conditional Use Permit. But today he couSd apply, if he wanted to, for a Conditional Use Permit with the Board of Zoning Adjustment. Bakersfield, California, August 18, 1982 - Page 375 COUNCILMAN PAYNE: If he applies for a Conditional Use Permit and the Planning Commission, in the interim prior to time Mr. Fallgarter can get a hearing with the Board of Zoning Adjust- ment, the Planning Commission adopts the new proposed definition of Conditional Use Permit we're right back where we are right now. Is that not correct? CITY ATTORNEY OBERHOLZER: Mayor Shell, Councilman Payne, no that's not correct, because the Planning Commission does not adopt the ordinance. It'll come back to the City Council for adoption. It will be .... it not be an Emergency Ordinance, it will be 30 days b~fore it becomes effective when it comes back to the City Council, so he has, probably, two months in which to make an application for the Conditional Use Permit, under the old or existing ordinance. COUNCILMAN PAYNE: Then it's a matter of timing and if Council understands what we're talking about right now and under- standing what we're doing when we do it, when the ordinance comes back, if we're trying to accomplish something here. Is that not correct? Anything that we do here tonight, in relationship to Mr. Fallgatter's situation that might prove beneficial, could be physically wiped out or erased if the timings not correct and the other ordinance is approved by the Planning Commission, the Conditional Use Permit definition, and it comes back and it's approved by this body. My whole point is, if we don't do something; and we don't do it right away, if it is our intent, there's a majority here who would like to do something, if we don't do it right away, we can basically string this party out for another three or four or five months with a potential false hope and they still accomplish absolutely nothing. CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman Payne, it depends on if you want to write an ordinance to allow this type of use on that property with .... as a allowable use with- out further hearing or anything else, you can do that. 376 Bakers£ield, California, August 18, 1982 - Page 17 COUNCILMAN PAYNE: Let me ask .... MAYOR SHELL: Yeah .... COUNCILMAN PAYNE: Pardon me? COUNCILMAN STRONG: .... and get sued. COUNCILMAN PAYNE: Well, I strongly suspect we're going to be sued either way. In the event that this new ordinance is adopted, and it goes to the Planning Commission, and it's approved by the Planning Commission, and it comes back to us, and it's enacted as an Emergency Ordinance, then Mr. Fallgatter~ on behalf of or his client, will have to go to the Board of Zoning Adjustment and request a Conditional Use Permit in order to legally use that property. Is that not correct? MAYOR SHELL: Mr. Oberholzer. CITY ATTORNEY OBERHOLZER: Mayor Shell, Councilman Payne, if you adopt it as proposed, that is correct. COUNCILMAN PAYNE: And is it possible for the Board of Zoning Adjustment to approve the Conditional Use Permit, even with the property being within 150 feet of residential area? CITY ATTORNEY OBERHOLZER: Yes. COUNCILMAN PAYNE: And if they do approve it, and it's appealed, it would be appealed by the people who don't want that particular use there, and it would come back before the Council? CITY ATTORNEY OBERHOLZER: That's correct. COUNCILWAN PAYNE: And if it's not approved, it could be appealed by Mr. Fallgatter and it would still come back before this Council? CITY ATTORNEY OBERHOLZER: That's correct. COUNCILMAN PAYNE: less of potential lawsuits both, we're still going to Payne, And so, sometime in the future, irregard- from one side or the other, or possibly have to CITY ATTORNEY OBERHOLZER: that's possible. COUNCILMAN PAYNE: hear this matter anyway. Nevertheless, Councilman Yeah, that's right. Bakersfield, California, August 18, 1982 - Page 18 377 MAYOR SHELL: If somebody appeals. CITY ATTORNEY OBERHOLZER: If somebody appeals and if you adopt that kind of an ordinance. COUNCILMAN PAYNE: Is there an escape? Is there a way out? Is there something that can be done to get around this situation? CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman Payne, yes, there is, if you adopt an ordinance, listing a permissible uses within an M-1 Zone, our new definition of, within Junk Yard, that is an Impound Yard. If you adopt that as a permissible use within an M-1 Zone, then they can go into that zone and there will be no further hearings before any bodies. COUNCILMAN PAYNE: And what would that require other than an ordinance and four votes this evening? CITY ATTORNEY OBERHOLZER: What would that require? Well, it would go back to the P~anning Commission for hearing and then come back to you at the City Council. MAYOR SHELL: This is a zoning amendment .... CITY ATTORNEY OBERHOLZER: Yes. MAYOR SHELL: .... or a Code amendment to the zoning? CITY ATTORNEY OBERHOLZER: An amendment to the Zoning Ordinance. COUNCILMAN PAYNE: Okay, so the ordinance as proposed, if it was amended to include Impound Yard in M-1 Zones and it was adopted by this Council, it would go to the Planning Commission and. it could be back before this body or it could become active within 30 days. Is that right? MAYOR SHELL: Mr. Oberholzer. CITY ATTORNEY OBERHOLZER: You could adopt it as an Emergency Ordinance on your meeting of September 29th. COUNCILMAN PAYNE: Okay, thank you. TOM FALLGATTER: Mayor Shell .... MAYOR SHELL: Yes Mr. Fallgatter. 378 Bakersfield, California, August 18, 1982 - Page 19 TOM FALLGATTER: If I can make one final comment. I'd like to commend the Council and staff for recommending that the definition of Junk Yard be cleaned up. As Mr. Oberholzer indicated, we have not with him and the definition, as it stands now, is absolutely insane. I don't know how Jim Burke Ford or Gene Winer Cadillac, or just about any other auto dealership in town, feels about being labeled a Junk Yard, but that's exactly what any business that has any wrecked or disabled vehicles on its' lots is a Junk Yard, under the ordinance as it now stands and it does need to be cleaned up. I would follow up on what Councilman Payne is saying. The problem with the proposed, that staff is recommending, is that, of all the uses permitted in the M-l, and many many many of them are more onerous to adjacent residential areas than what my client would do, they have selected out only one that will require a Conditional Use Permit, if it's within a 150 feet of a residence. What this is, is simply a clear and blatant attempt to pass off to a new ordinance what the problem that's been created here. Why is it that the storage of disabled vehicles is selected out as the only use that will require a Conditional Use Permit, of all the old uses under M-l, before ZORAC was adopted. Well, isn't it a little strange that staff is recommending that this one particular use be chosen as the one that'll have the Conditional Use Permit? In answer to Councilman Ratty's question and Councilman Payne's question, absolutely yes. This property is within 150 feet of a residence, and yes, it would then require a Conditional Use Permit for the use that we want and to provide .... to finish the scenario out, even if it comes back here, and it's adopted as an Emergency Ordinance, then we have to go in with an application for a Conditional Use Permit that has to be .... notice of that has to be given, that has to be a hearing on that, there is going to be an appeal, public notice of that and this thing can go on, literally, for very many more months. I would suggest to the Council that the ordinance that is referred to the Planning Commission simply Bakersfield, California, August 18, 1982 - Page 20 reinstate what the rules were before Junk Yard was made, and that is that disabled vehicles is a permitted use this crazy new adoption of the storage of wrecked and in an M-1 Zone. That was the rule before the ZORAC Ordinance, and I talked to every single member of the Council about it. I was on the Planning Commission at the time, and I talked to staff and nobody knows, for sure, where this new definition of Junk Yard came from. Nobody wants to take credit for it. It was, as sort of slipped in there. Well, not be to used to deny my client has historically been permitted, somebody said earlier here, it just that slipping in process should the use of that property that and it's just being used as a weapon against her at this point. What was an arbitrary adoption is now being used as a weapon, and I think the clear solution to this thing is that the law simply be put back to where it was when my client first approached the City. If this had been a reasonable, rational decision on the part of the Council that something needed to be changed, that would be one thing, but when it was almost an accident that the change was made, I don't think, then, that that accidental change should be used as a hammer. I think you should recommend to the Planning Commission that they consider a new cleanup of the statute. I'm all in favor of that, but I think it should be, as far as wrecked and storage vehicles, it should just be a .... simply back to what it was before, that they're permitted use in M-1. They're certainly much less disastrous to a neighbor- hood than many many other uses permitted in M-1. I still would like to have the Council's final decision with regard to whether the Appeal will be heard tonight. Councilman Christensen does haw~ a motion that it be heard, and I would like to have at least that matter finally resolved. MAYOR SHELL: Councilman Christensen you had asked to be recognized anyway. COUNCILMAN CHRISTENSEN: I just wanted to know, what was the date in which the new Zoning Code came off? 88O Bakersfield, California, August 18, 1982 - Page 2~ MAYOR SHELL: Mr. Oberholzer. CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman Christensen, it was under consideration for, I think, several years, but you adopted it on March 30th or 31st of this year. It became effective April 30th of 1982. COUNCILMAN CHRISTENSEN: That's what because I got a copy of it and I read a lot of question I want to ask you, act upon Shell. I understand, it. The other is when did the Planning Commission this request? MAYOR SHELL: CITY ATTORNEY OBERHOLZER: Mr .... Can you answer that? I can't answer that Mayor MAYOR SHELL: Mr. Scea~scan you answer that? COUNCILMAN CHRISTENSEN: Was it not about 6 weeks ago? Was it about 6 weeks ago, six, eight weeks ago? What I'd like to know is how did it go astray? We have an Attorney, don't we, that presides with the Planning Commission? Then we have Attorney Westra and Attorney Camp on there, and they all have access to the new Code. How did the thing get by, is what I'd like to know with Attorneys on it? MAYOR SHELL: Can you answer that Mr. Oberholzer? CITY ATTORNEY OBERHOLZER: Perhaps by mistake, Councilman Christensen. To be fair to the members of the Planning Commission, I'd have to say that the Attorneys on the Planning Commission did not make the legal determinations for the City. They sit up there just as Planning Commissioners, as anybody else off the street, and they don't make legal determinations. So our office has to take that responsibility. COUNCILMAN CHRISTENSEN: Hah. MAYOR SHELL: Councilman Ratty. COUNCILMAN RATTY: I was just going to say that same thing. It's the Attorney's Office that made the recommendation that that be .... that's where the thing got out of hand, because Bakersfield, California, August 18, 1982 - Page 22 they interpreted that section as just being a permissible use. That's where the trouble got started. MAYOR SHELL: Councilman Payne. COUNCILMAN PAYNE: I would just like to respond to Mr. Fallgatter's question or request. I'm sympathetic to your client's position, and I certainly think that the storage of wrecked and disabled vehicles in an M-1 Zone is a proper use, and I certainly intend to make that recommendation and modification to the proposed ordinance, when we reach that part of the agenda this evening. However, I don't feel comfortable and I don't intend to ignore the City Attorney's advice and make a motion to have a public hearing tonight. I don't think that would be proper, and it would make it awfully difficult for him to defend my position, also as my legal counsel in the event I defy his advice. I am sympathetic to your situation. I would like to do something, legally, to try to alleviate the problem. MAYOR SHELL: All right. I would like a clarification. Councilman Christensen, did you make a motion that the hearing be held tonight? COUNCILMAN CHRISTENSEN: Yes I did. MAYOR SHELL: You did make a motion? COUNCILMAN CHRISTENSEN: Yes. MAYOR SHELL: All right. Well, then .... Councilman Strong. COUNCILMAN STRONG: Yes Mayor, I'd remind the Council that they have a responsibility to the people that filed the Appeal and those persons have been notified that there would not be a hearing tonight. That the matter is moot and that it would not be heard tonight. I think that motion is very much out of order, because it does not show that this Council is discharging its responsibility to the other taxpayers who filed the Appeal. They are listening to only one side of a situation and argument, which Mr. Fallgatter is being paid to present. It's a matter which 382 Bakersfield, California, August 18, 1982 - Page 23 has been under advisement for a long long time; and, I think, Mr. Fallgatter was part of that process when, as I said before, he appeared before the Council with a dead animal in his hand, extolling some residents of wild animals, and, I think, in that particular case he was talking about the Kern River Corridor; and, I think, there are people who feel very very strongly about this particular issue. I would remind the Council that they should be given a chance to be heard. If our staff made a mistake, unless you hope to get away with disenfranchising those persons, I think, that motion is absolutely out of order. It shouldn't even be considered, because proper notice has not been given. Proper notice was given, and that notice was rescinded, and those persons wishing to be heard on this matter have been told that there would not be discussion. I don't see how this Council can take any other position, but to not even vote on this. Not that I have any intention that the Council will vote favorably. I don't think it could be considered tonight in view of the fact that those persons who filed the Appeal have not been given proper notice. MAYOR SHELL: Mr. Oberholzer, I have a question here on this motion. There are certain legal requirements that have to be met for a public hearing. Certain people have to be notified that there is a public hearing. Has the Council met the legal require- ments for a public hearing on this issue tonight? CITY ATTORNEY OBERHOLZER: Mayor Shell, we sent out notice to .... or Mr. Sceales sent out notice to those persons who had appealed this matter to the Council, advising them that the Appeal was moot. That the issue was moot before the City Council and would not be heard this evening. Consequently, if you did proceed with the hearing they would simply go to court and it would be overturned on a courts, probably ex parte order. It wouldn't even .... I couldn't even file an opposition to that, as a matter of fact. Bakersfield, California, August 18, 1982 - Page 24 MAYOR SHELL: All right. COUNCILMAN CHRISTENSEN: I adhere to Mr. and withdraw the motion, but I'm very glad I asked bring this stuff out on the table. MAYOR SHELL: All right. Mr. Fallgatter, any other questions? TOM FALLGATTER: statement in conclusion. hear the Appeal tonight. Councilman Christensen. Strong's request the question to do you have Yeah, Honorable Mayor, I would make one It's apparent that the Council will not I would say that, I think that this is .... this whole process has been highly unfair. I think it's wrong. As a lawyer, I'm use to operating in a system that operates on the same rules for everybody. We refer to that in our Country as the rule of law as opposed to the rule of men. What's happened here, tonight, is, to my client, and what's happened in this process, is the rules got switched on her and it's unfair and it's wrong. I recommend and commend that this Council make the rules back the same for her as they were for everybody else, and if you aren't going to hear this Appeal, the least that you can do is rectify this situation by making this a permitted use in an M-l, as it has been historically and as it should be. The rules shouldn't be changed midstream. I don't care .... I don't mind losing. I win and lose all the time, but as long as we play by the rules that's one thing, but for people to just arbitrarily change the rules mid-- game is unfair. I do think the least you can do is rectify that situation by cleaning up that ordinance and putting it back to where it was before. I heartily recommend that you do that, and that you not select out this property with the 150 feet Conditional Use Permit gimmick and that you simply put the rule back to where they were. Thank you for the opportunity to address you. I'm sorry it took so long. MAYOR SHELL: Thank you. Councilman Payne. COUNCILMAN PAYNE: Your honor, I have a question of Mr. Fallgarter. 384 Bakersfield, California, August 18, 1982 - Page 25 MAYOR SHELL: Mr. Fallgatter. COUNCILMAN PAYNE: I'm not going to let you get comfortable. You're not going to let us get comfortable. I would like to ask you what you feel would be accomplished by having the public hearing that would not be accomplished, if the Council saw fit to modify the proposed Emergency Ordinance this evening in such a manner as to do what you're trying to accomplish anyway, and that's makes the storage of abandoned and disabled vehicles a legal per- missible use in an M-1 Zone, as it was prior to this ZORAC proposal[? TOM FALLGATTER: Well, if that recommendation went to the Planning Commission and eventually came back here and that was the ordinance that was adopted, then the end result would be the same. Yes, the problem would be solved for my client. We would be ta~king about an additional 30 days in time, but that would solve the problem. It's just one of the problems we do have, is just the tremendous amount of time that this has eaten up for my client, but the basic answer to your question is, the end result would be satisfactory and it would solve the problem. COUNCILMAN PAYNE: Thank you, and Mr. Oberholzer, if I might. We could do that? If I understand what we were discussing a few minutes ago, here, that would accomplish the same thing with-. out violating any laws, because this was not .... this would not consitute a public hearing. MAYOR SHELL: Mr. COUNCILMAN PAYNE: Is that correct? Oberholzer. If four members of this Council saw fit to amend the proposed Emergency Ordinance to return the zoning regulations as they were prior to ZORAC, we can legally accomplish that? CITY ATTORNEY OBERHOLZER: Mayor Shell, Councilman Payne, that's correct, because you're not passing on the ordinance. All you're doing is giving recommendation to staff how to present that to the Planning Commission. It will be presented to the Planning Commission in anyway you want to present it. It'll come come back to the City Council for action, back on the end of September. Bakersfield, California, August 18, 1982 - Page 26 COUNCILMAN PAYNE: Okay, MAYOR SHELL: All right. to speak. Mr. Needham. DIRECTOR OF FIRE Mayor. Mayor and Council, thank you. Someone on the staff wanted & DEVELOPMENT SERVICES NEEDHAM: Yes, I think its .... just for a point of information, the definition of Junk Yard, as it's presently written in the ordinance, was not originally followed literally as written now in this case, because of the way it was defined previously when Mrs. Bookout applied. The reason that this all came about was .... the reason the definition of Junk Yard came about was, at the time of the appellant .... of the hearing of the appellant at the last .... that was brought up by Council, that the definition of Junk Yard wasn't being followed in this case. That's when it was brought about. As a result of that information coming out from the Council we had to, then, without any doubt, go back and try to work with the ordinance and get legal interpretation and so forth. I think that's important for the Council to under- stand. MAYOR SHELL: That is new language though. DIRECTOR OF FIRE & DEVELOPMENT SERVICES NEEDHAM: Definitely. MAYOR SHELL: Yeah. Councilman Strong. COUNCILMAN STRONG: What I think is important for the Council to understand is that the entire Site Plan Review process was not adopted by .... was not recommended by the Planning Commission and adopted by the Council, because of Mr. Fallgatter's application. I think what's being discussed, here tonight, is arbitrary, and in view of that, I'd like to ask that the comments, in regards to this particular item, be spread across the minutes and that each CounciZL- man be given a copy. Thank you. MAYOR SHELL: Thank you Mr. Fal~gatter. 386 Bakersfield, California, August 18, 1982 - Page 27 CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from Safeway Stores, Inc., dated August 3, 1982, regarding bond financing for future projects in Bakersfield, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Rockoff, communication from the Greater Bakersfield Chamber of Commerce, dated August 4, 1982, urging the City to do everything possible to encourage the develop-- ment of a Downtown Convention Hotel, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from the Bakersfield S.P.C.A., dated August 5, 1982, submitting a proposal designed to hold down future animal control costs, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Ratty, communication from American Development Corporation, I Park Plaza, 3250 Wilshire Boulevard, Suite 2000, Los Angeles, dated August 5, 1982, asking whether the City would be interested in having a privately-owned municipal solid waste incineration facility constructed near the Bakersfield Sanitary Landfill, was received and referred to the Kern County Solid Waste Management Advisory Committee for study and recommendation. Upon a motion by Councilman Rockoff, communication from The Frazer Lanier Company, Inc., Investment Bankers, P.O. Box 6178, Montgomery, Alabama, dated August 12, 1982, regarding City of Bakersfield Economic Development Revenue Bonds (Graybar Electric Company, Inc., Project), was received and referred to the Budget Review and Finance Committee. In response to a communication from the League of California Cities, dated August ~l, 1982, requesting designation of a voting delegate and alternate for the League of California Cities Annual Conference to be held in San Diego, from October 17 through 20, 1982; Councilman Christensen made a motion to appoint Bakersfield, California, August 18, ]9~2 - Page 28 Councilman Payne as the voting delegate, and Councilman Ratty made a motion to appoint Councilman Barton as alternate. These motions were unanimously approved. Upon a motion by Councilmai~ Ratty, communication from Kern County Public Works and Surveyor's Department, dated August 16, 1982, requesting abandonment of 14th Street between Eye Street and Chester Avenue, was received and referred to the Planning Com- mission for study and recommendation. Upon a mo~ion by Councilman Payne, communication from Kern County Off Road Vehicle ~ssociatio~, 1124 Brentwood Drive, Bakersfield, dated August 13, 19~2, requesting that the area designated in the study entitled "t~ern River Open Space Plan, Chapter Five," Kern River land use primarily in the area beginning at Allen Road and going east to Bellew~e Weir, remain open for use of off road vehicles, was received and referred to the Water and City ~rowth Committee. COUNCIL STATEMENTS Mr. Alan Dave Bell stated he received a notice regarding abatement of weeds from property located at 1708 Hendricks Lane. Mr. B~11 stated he no longer owns this property. City Manager Kelmar stated apparently Mr. Bell is shown on ~;he Assessor's rolls as the property owner and that is why he was notified. Director of Fire & Development Services Needham stated that upon advice from the City Attorney ~he amount of the assess- ment for the Abatement of Weeds must be filed agains~ the property itself, regardless of who owns the property. Mr. Bell stated the property was returned to Stanley and Maria Brewer in February, however, no documents were signed until a couple of weeks ago. City Attorney Oberholzer suggested that Mr. Bell write a statement to the effect that he. no longer owns the property in question and who the new owner is, and that statement will be placed Bakersfield, California, August 18, 1982 - Page 29 on file in connection with the Weed Abatement hearing scheduled later in the agenda. Mr. John Garone, Bakersfield Board of Realtors, read a prepared statement opposing the adoption of the Ordinance governing the designation, preservation and perpetuation of Historic and Scenic Properties as presently proposed. Their opposition is based on the use of City's police powers over privately owned property for the purpose of Historic Preservation. Mr. Garone urged that this proposal be rejected and returned to the drawing board for a new proposal, which will bring Bakersfield a program of Historic Preservation without the evils of restricting or abridgment of private property rights and benefits. Upon a motion by Councilman Payne, written statement as presented by Mr. John Garone, Bakersfield Board of Realtors, opposing the adoption of the ordinance governing the designation, preservation and perpetuation of Historic and Scenic Properties as presently proposed, was received. Upon a motion by Councilman Barton, proposal for a Central Business District Zoning Ordinance, was referred to the Planning Commission, as a City Council initiative, for study and recom- mendation. Councilman Barton stated the City has been involved in a Land Write-Down Program, which has now been terminated by Council action. This program was terminated due to the fact that the HUD 235 Project was terminated. One more HUD 235 commitment has been found that will enable one more low-income family to qualify for a surplus home that the City was not able to subsidize. This was one of two houses constructed by Mr. Tommie Townsend under the old program and he wa.s unable to qualify a family to move in. Councilman Barton made a motion that the Council allow the reconsideration of one of the homes to be recommitted under the Land Write-Down Program to Mr. and Mrs. Santos Juarez. Bakersfield, California, August 18, 1982 - Page 30 389 Councilman Rockoff stated the $12,000 was held by the developer for a period of time after the contract expired and requested that interest, in on that money from the time was received by the City. the amount of 16% per annum, be paid the contract expired until the money Ms. Viki Araujo, speaking on behalf of Mr. & Mrs. Juarez who cannot speak English, stated they would like to be participants in this agreement. They have been waiting since last March for an opportunity to move into this house. Upon a motion by Councilman Barton, Agreeement with Tommie Townsend to allow one of his houses under the Land Write-Down Program to be purchased by Mr. & Mrs. Santos Juarez under the HUD 235 Project, with the understanding that Mr. Townsend pay interest on the $12,000 that he held for a period of time after the original contract expired at 16% per annum, was approved and the Mayor was authorized. to execute same. Upon a motion by Councilman Means, Hearings were advanced on the Agenda to be held immediately following Council Statements. Mayor Shell declared a brief recess at 10:05 P.M. and reconvened the meeting at 10:15 P.M. Upon a motion by Councilman Means, additional ideas expressed on the City-County Fire Consolidation Study, were referred to the Intergovernmental Relations Committee. HEARINGS This is the time set for public hearing before the Council on an Appeal by Ruby Gilmore to the decision of the Board of Zoning Adjustment granting an application for a Conditional Use Permit to Aladdin's Castle, Inc., to allow a video game arcade consisting of seventy-five video games and seven pinball machines in a C-2-D (Commercial - Architectural Design) Zone, affecting that certain property in the City of Bakersfield commonly known as 1505 Columbus Street (College Heights Shopping Center). 390 Bakersfield, California, August 18, 1982 - Page 31 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. President of behalf of Mr. Store, spoke John Beresford, Manager of Casper's Men's Store, College Center Merchants Association and speaking on Bob Findley, Manager of J. C. Penney's Department in opposition to the proposed video game arcade in College Center. Most of the merchants disapprove of this type of business in that area because of security problems. Mr. Beresford presented a petition signed by 12 merchants in the Stockdale West Shopping Center, supporting the efforts of the College Heights Shopping Center Merchants Association in its opposition to the proposed video game arcade at 1503 Columbus Avenue in the College Center Shopping Area, and outlining some of the problems they have had since a soda fountain opened containing 24 video machine~ Mr. Beresford requesteft, for the reasons outlined in the petition, that the Council decline the application of Aladdin's Castle for a video game arcade in the College Center Shopping Center. Mr. William Dunlap, Executive of Dunlap's Department Store, stated they have 35 stores in Southwestern United States and everywhere they have stores that an arcade was allowed, problems as mentioned in the petition from the Stockdale West Merchants have arisen. The high school and college girls working at their store in the evening do not want to work if the arcade is allowed. This is a community type shopping center and they want to keep it that way. Dunlap's is strongly opposed to the video game arcade. Mrs. Ruby Gilmore, 1200 Block of Crawford Street, out- lined the history of the College Heights Shopping Center and surrounding area. Mrs. Gilmore presented petitions containing 638 signatures of people, who shop and live by the College Center Shopping Center, protesting the establishment of a video game arcade in that center. Bakersfield, California, August 18, 1982 - Page 32 391. Mr. Anthony Leggio, property owner in College Heights Shopping Center and speaking on behalf of his tenant J. C. Penney's Department Store, opposed the video game arcade. Mr. Leggio felt the granting of the Conditional Use Permit and placing the video arcade in the shopping center will result in some very significant adverse economic conditions to the merchants in that area and the owners of the premises. They feel if this business is allowed and stays open past the hours of the other 33 businesses they will have to hire security guards to protect their stores, children and other participants going to the video game center. The budget for security guards would far exceed the total operating budget at the present time for the operation of the entire center. Merle Arriola, 18 year resident of College Heights Area, spoke in opposition to the video game arcade and requested that the application be denied. Mr. Andros Ozanich, owner of United States Nursery in the College Heights Shopping Center, spoke in opposition to the video game arcade due to vandalism. Mr. Anton Ozanich, 5025 Fillmore Avenue, father of Andros Ozanich, spoke in opposition to the video game arcade and requested that the application be denied. Mr. Matt Ozanich, planning to start a business called Ozan's Bakery, spoke in opposition to the video game arcade due to vandalism, hazards for young women working nights at various businesses in the shopping center and the littering problems that will be caused by the arcade. Mr. Mike Worthing, Attorney representing Aladdin's Castle, Inc., stated this is a lawful business in an appropriate location. The determination must be made on evidence heard tonight and not on moral grounds of opposition to a business, which is recognized as lawful in this State. Opposition which is based on the merits or demerits of video games is not proper for consideration. Mr. Worthing then outlined the conditions that must be met before a Conditional Use Permit can be issued. 39'2 Bakersfield, California, August 18, 1982 - Page 33 Mr. Alec S. Anderson, III, Director of Planning and Development for Bally's Aladdin's Castle, Inc., a Chicago Corporation, addressed the Council about the type of the more than 400 family amusement centers they operate in 47 States of the United States. They have never been asked to leave or close a center in any of their locations. They hope Bakersfield will welcome them and requested that the Conditional Use Permit be granted. Mr. Scott Underhill, representing Aladdin's Castle in lease negotiations for College Heights Shopping Center, spoke in favor of the video game arcade. Mr. Mike Chapman, owner of the Disco Inferno, stated the City allowed him to open his business with reservations and it worked out fine. Mr. Chapman felt that Aladdin's Castle should be given a chance and if it does not work out the Conditional Use Permit can be revoked. Mr. Carlos Markovits, Manager of Woolworth's Store in College Heights Shopping Center, asked several questions of Mr. Anderson regarding the type of shopping centers their other operations are located in, as compared to the College Heights Shopping Center. 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 that Alexandra Paola and her husband, who own 13 stores in the College Heights Shopping Center, requested that he express their opposition to placing this video game arcade in this area. Councilman Christensen also stated he feels this type of business should not be located in this area because it is not compatible with the area o~ life style of the shopping center. Councilman Christensen made a motion to adopt a Zoning Resolution of the Council of the City of Bakersfield granting Bakersfield, California, August 18, 1982 - Page 34 393 Appeal by Ruby Gilmore from Board of Zoning Adjustment decision granting a Conditional Use Permit allow a Video Game Arcade on that as 1505 Columbus Avenue. to Aladdin's Castle, Inc., to certain property commonly known Councilman Ratty stated he feels there is a lot of need- less fear about this video game operation, because no one has actually seen one in action with controls. The Stockdale West Shopping Center had problems three years ago, before they had video games. This is a first class operation and if it is not operated properly their Conditional Use Permit can be revoked. Councilman Ratty offered a substitute motion to adopt a Zoning Resolution upholding the decision of the Board of Zoning Adjustment granting a Conditional Use Permit to Aladdin's Castle, Inc., to allow a Video Game Arcade on that certain property commonly known as 1505 Columbus Avenue. Councilman Rockoff stated he represents this area and in all honesty he basically agrees with Councilman Ratty, however, he will vote to deny the Conditional Use Permit, because it is the will of the people of the 3rd Ward. After further discussion, Councilman Ratty's substitute motion to adopt a Zoning Resolution upholding the decision of the Board of Zoning Adjustment granting a Conditional Use Permit to Aladdin's Castle, Inc., to allow a Video Game Arcade on that certain property commonly known as 1505 Columbus Avenue, failed to carry by the following roll call vote: Ayes Councilmen Payne, Ratty Noes Councilmen Means, Rockoff, Strong, Barton, Christensen Absent: None Councilman Christensen's motion to adopt Zoning Resolution No. 292 of the Council of the City of Bakersfield granting Appeal by Ruby Gilmore from Board of Zoning Adjustment decision granting a Conditional Use Permit to Aladdin's Castle, Inc., to allow a 394 Bakersfield, California, August 18, 1982 - Page 35 Video Game Arcade on Columbus Avenue, carried by the following roll call Ayes: Councilmen Means, Rockoff, Noes: Councilmen Payne, Ratty Absent: None that certain property commonly known as 1505 vote: Strong, Barton, Christensen Council This is the time set for public hearing before the for hearing protests by property owners for proposed Maintenance District No. 2, which provides the basis for the benefit assessment for maintaining a public park to be borne by all parcels or property within proposed Maintenance District No. 2, generally bounded by Ashe Road on the east, Ming Avenue on the south, E1 Portal Drive on the west (including all lots fronting on E1 Portal Drive), and Outingdale Drive/Kearsarge Way on the north (including all lots fronting on Outingdale Drive and Kearsarge Way). This hearing has been duly advertised, posted and the property owners notified as required by law. Letters of protest were received from the following property owners: 1. Dearl L. & Joy M. Dixon, 6700 Donnell Court, Lot 16, Tract No. 3871, Parcel No. 339-390-16-00-0. 2. Harry E. & Marion A. Willmore, 7205 Outingdale Drive, Parcel No. 339-411-10-00-4. James B. & Cheryl L. Burroughs, 6900 Caswell Avenue, Lot 36, Tract No. 3505, Parcel No. 380-033-03-00-0. William A. & Gloria W. Berry, 1501 Longway Lane, Lot 66, Tract No. 3870, Parcel No. 339-362-06-00-6. Beverly Ruth Bowman & Karen Ann Sattergren, 6501 Columbia Lane, Parcel No. 380-042-10- 00-6. 6. N. Thomas & Colleen M. McCartney, 6900 Altaville Lane, Parcel No. 380-130-19-00-5. 7. Noryell P. & Lena M. Trumbo, 7309 Outing- dale Drive, Parcel No. 339-433-24-00-5. 8. R. Douglas & Mary Jean Warren, 6709 Sly Lane, Parcel No. 339-363-12-00-0. Bakersfield, California, August 18, 1982 - Page 36 395 9. Robert E. & Janice K. Walker, 6508 Hornitos Court, Lot 34, Tract No. 3782, Parcel No. 380-042-01-00-0. 10. John A. & Doris D. Saunders, Way, Lot 46, Tract No. 3870, 339-351-10-00-7. 6700 Kearsarge Parcel No. ll. Michael N. & Mary Louise Brust, 1400 Longway Lane, Lot 71, Tract No. 3870, Parcel No. 339-362-11-00-0. 12. Roger A. & Beverly Mcintosh, 7105 Tioga Court, Parcel No. 380-121-03-00-2. 13. William W., Jr. & Linda Sinclair, 6905 Altaville Lane, Parcel No. 380-130-21-00-0. 14. Donald R. & Patricia E. Moyer, 7009 Altaville Lane, Parcel No. 380-123-08-00-1. 15. Michael A. & Suzanne J. Tanner, 7005 Altaville Lane, Parcel No. 380-123-09-00-4. 16. Roger L. & Virginia C. Dilbeck, 6704 Sly Lane, Lot 20, Tract No. 3870, Parcel No. 339-361-06-00-9. 17. Ronald H. & Linda G. Sisco, 6600 Hornitos Court, Lot 3, Tract No. 3782, Parcel No. 380-041-01-00-3. 18. Travis G. & Pilar C. George, 6608 Hornitos Court, Lot 1, Tract No. 3782, Parcel No. 380-041-03-00-9. 19. Robert H., Jr. & Shirley L. Frye, 1509 Manning Street, Parcel No. 339-383-06-00-9. This hearing has been duly advertised, posted and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mrs. Mia Smitt, 6709 Rexford Way, stated most residents of Amberton have no use for a park that will only have picnic tables and barbecue pits. They feel it is unfair for the residents of Amberton to have to pay for a park that can be used by all residents of the City and that all other City parks are paid for by all residents. Mr. Harry Willmore, 7205 Outingdale Drive, questioned the validity of the petition for the park, because it did not contain enough information and only the residents in favor of the park were 396 Bakersfield, California, August 18, 1982 - Page 37 allowed to sign. Mr. Willmore felt the residents should be allowed to vote for or against the park, because without a vote it is taxation without representation. In answer to a question by Councilman Means, Public Works Director Hawley stated 53% of the property owners in the area signed the petition requesting that the Council form the Maintenance District. Mr. Erik Smitt, 6709 Rexford Way, stated he never saw the petition and he agrees with Mr. Willmore. The petition only ask if the residents wanted a park. It did not address the cost of what would be installed in the park, because the concept had not been fully developed. Mr. Thomas McCartney, 6900 Altaville Lane, stated a tremendous amount of misinformation was circulated on the park and the only fair way to make a determination is to allow the residents to vote on the matter. A great number of people have changed their minds since the facts on this park are now known. Mr. Mitchell Van Wyk, 1404 Lookout Lane, speaking in opposition to the park, stated the residents should be given a vote on the matter, because a lot of people have changed their minds since more of the £acts are known. Mrs. Phyllis Tisch, 6711 Rexford Way, expressed her opposition to the park and stated she did not feel it is a fair tax. Mr. Ty Stillman, 7108 Tioga Court, representing the Amberton Park Committee, explained the process that was followed as depicted in the ordinance and he also stated the petition explained clearly what was being requested. 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. Upon a motion by Councilman Means, Resolution No. 89-82 of the Council of the City of Bakersfield adopting Maintenance Bakersfield, California, August 18, 1982 - Page 38 397 District No. 2 and confirming the Assessment, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton Noes: Councilman Christensen Absent: None This is the time set for public hearing before the Council on Resolution of Intention No. 953 (Assessment District No. 81-1), declaring its intention to order the construction of certain sanitary sewer, water and drainage improvements, together with appurtenances and appurtenant work in connection therewith, located generally east of South "H" Street and north of Panama Lane, pursuant to the provisions o£ the "Municipal Improvement Act of 1913;" declaring the work to be of more than local or ordinary benefit; describing the district to be assessed to pay the costs and expenses thereof; and providing for the issuance of bonds. This hearing has been duly advertised, the property posted and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mr. George W. McFarlin, representing Brown & Nazarek, Bond Counsel conducting proceedings for the formation of the Assessment District, stated the purpose of the hearing is to take public comment in support and opposition to the formation of the District and project. Mr. William Stukey, Willdan Associates, appointed by the City as the Assessment Engineer on the project, stated the purpose of the Assessment District is to provide basic utilities for un- developed properties in order that they might subdivide in accordance with the City's zoning provisions. The Assessment District is to build sanitary sewers, storm drains, drainage sumps and water facilities on the properties in order that they might develop. The District was originally initiated by a petition that at the Bakersfield, California, August 18, 1982 - Page 39 time it was filed with the City represented 71% of the assessable area. All property owners were notified of the anticipated assess~- ment, based on the estimated cost at that time. As a result of the bids and proposed bonds, the assessments are lower than originally anticipated. The final cost presented to the Council that would be placed to assessment is $819,878.78. Assistant City Clerk Anderson announced that no written protests were filed in the City Clerk's Office. Gina May, representing her mother Giorgia Grassotti a property owner in the area, stated she wanted to let the Council know that her mother lives on a small railroad pension of less tha~ $6,000 per year and her share of the assessment will be approximately $14,000 per year for 15 years and she cannot pay it. Her only to sell the farm to pay the assessment. Mrs. May this was not a protest against the Assessment alternative is indicated that District. Upon a motion by Councilman Barton, the public portion of the hearing was closed for Council deliberation and action. Mr. McFarlin stated the resolution pertaining to the bond proposal (No. 94-82), has been modified to include an addi- tional section approving the Official Statements, which is a disclosure document that the underwriter prepared for selling the bonds. The following six resolutions were adopted in one motion: Upon a motion by Councilman Barton, Resolution No. 90-82 of the City Council ordering certain changes and modifications to the Engineer's "Report" in a Special Assessment District, was adopted by the following roll call vote Ayes: Councilmen Means, Payne, Ratty Rockoff, Strong, Barton, Christensen Noes: None Absent: None Bakersfield, California, August 18, 1982 - Page 40 399 Upon a motion by Councilman Barton, Resolution No. 91-82 of the City Council overruling and denying protests and making certain findings in a Special Assessment District, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes: None Absent: None Upon a motion by Councilman Barton, Resolution No. 92-82 of the City Council finding and determining that the public interest, convenience and necessity require certain acquisitions and improve- ments, and that the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" shall not apply, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes: None Absent: None Upon a motion by Councilman Barton, Resolution No. 93-82 City Council approving agreement for Water Facility installa- of the tion roll Ayes: and authorizing execution thereof, call vote: Councilmen Means, Payne, Ratty, Christensen Noes: None Absent: None Upon a motion by Councilman Barton, of the City Council confirming the assessment, ments made, together with appurtenances, was adopted by the following Rockoff, Strong, Barton, Report, Ayes Noes Absent: was adopted by the following roll call vote: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen None None Resolution No. ordering the 94-82 improve- and approving the Engineer's 4OO Bakersfield, California, August 18, 1982 - Page Upon a motion by Councilman Barton, Resolution No. 95-82 of the City Council approving Bond Purchase Agreement for sale of Bonds, and providing for the establishment of a Redemption Fund for the payment of said Bonds, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes: None Absent: None This is the time set for public hearing before the Counci2 for hearing report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing protests or objections thereto. This hearing has been duly advertised and the property owners notified as required by law. A letter of protest was filed by Rex R. Mull, Attorney, for the property located at 612 Jackson Street. City Attorney Oberholzer stated a title search was done on the property located at 612 Jackson Street. The title report from First American Title Insurance shows the interest in that property is vested in a James Smith and not Rex Mul~. There will be a $125.00 added to the incidental costs on the property located at 612 Jackson Street. 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 Rockoff, Resolution No. 96-82 of the Council of the City of Bakersfield confirming the report of the Building Director re Assessments of certain properties in the Bakersfield, California, August 18, 1982 - Page 42 401 City following roll call vote: Ayes: Councilmen Means, for demolition of Dangerous Buildings, was adopted by the Payne, Christensen Noes: None Absent: None This is Ratty, Rockoff, Strong, Barton, Noes: Absent: Councilmen Means, Payne, Ratty, Christensen None None Rockoff, Strong, Barton, vote: Ayes: the time set for public hearing before the Council on the 1982 Weed Abatement Program. The property owners were duly notified by certified mail. Director of Fire and Development Services Needham stated two parcels of property in the City have been causing a problem as far as the abatement of weeds is concerned. All methods of com- munication were tried. Using the ordinance to abate weeds is a last resort and has not been required for several years. With the aid of a map, Chief Needham pointed out the location of the two parcels. The action tonight is only to order the weeds abated by the Fire Department. At this point the abatement costs have not been determined, because the contractor has not been hired. ~ayor Shel~ 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. 97-82 of the Council of the City of Bakersfield finding that certain Weeds growing on properties in the City of Bakersfield constitute a public nuisance and directing the Chief of the Fire Department to abate such nuisance, was adopted by the following roll call 40'2 Bakersfield, California, August 18, 1982 - Page 43 Public hearing on a proposed amendment to the City of Bakersfield's Alarm Ordinance, which if adopted, would require alarm users to pay service fees and fees for costs of responding to false alarms in excess of stated minimums and would make procedural changes relating to issuance of licenses, permits and appeals from revocations of permits, was canceled and will be rescheduled at another time. Mayor Shell declared a brief recess at 1:10 A.M. and the meeting was reconvened at 1:20 A.M. Upon a motion by Councilman Barton, New Business was advanced on the Agenda to be considered at this time. NEW BUSINESS Adoption of Ordinance No. 2771 New Series levying upon the full taxable value of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo Annexation, a percentage rate of taxation upon each dollar of valuation for the Fiscal Year beginning July l, 1982, and ending June 30, 1983. This ordinance represents the Property Tax levies for the 1982-83 Fiscal Year for the outstanding general obligation bond issues of the City of Bakersfield (1966 Municipal Improvement Bonds, Series and Series B). Upon a motion by Councilman Barton, Ordinance No. 2771 New Series levying upon the full taxable value of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo Annexation, a percentage rate of taxation upon each dollar of valuation for the Fiscal Year beginning July l, 1982, and ending June 30, Ayes: Noes: Absent: Abstaining: 1983, was adopted by the following roll call vote: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton None None Councilman Christensen Bakersfield, Cali£ornia, August 18, 1982 - Page 44 403 First reading of an Ordinance of the City of Bakersfield creating a Historic Preservation Commission and establishing rules and regulations governing the designation, preservation and perpetua- tion of Historical and Scenic Properties. First reading was considered given an Ordinance of the City of Bakersfield creating a Historic Preservation Commission and establishing rules and regulations governing the designation, preservation and perpetuation of Historical and Scenic Properties. Referral of an Emergency Ordinance of the Council of the City of Bakersfield amending Sections 17.04.360, 17.24.020 B.19. and 17.24.020 B.33. and adding Sections 17.04.700, 17.28.020 B.33., 17.28.030 N. and 17.30.030 (28) relative to Storage of Disabled Wrecked or Impounded Vehicles. This proposed Emergency Ordinance is intended to eliminate potential inequities in the new Zoning Ordinance discovered as a result of problems encountered with the definition of "Junk Yard." The proposed ordinance provides a breakdown of classifications presently included under the definition of "Junk Yard" and allows certain currently prohibited uses in zones other than M-2. Councilman Payne stated he would like this proposed ordinance amended to allow the storage of wrecked and disabled vehicles a permitted use in an ~-1 Zone or eliminate the Conditional Use Permit requirement. City Attorney Oberholzer stated prior to submitting the proposed ordinance to the Planning Commission it would be revised to allow an Impound Yard a permitted use in an M-1 Zone, without any restrictions on distances to residential property. Upon a motion by of the Council of the City 17.04.360, 17.24.020 B.19. 17.04.700, 17.28.020 B.33., Councilman Payne, Emergency Ordinance of Bakersfield amending Sections and 17.24.020 B.33. and adding Sections 17.28.030 N. and 17.30.030 (28) relative to Storage of Disabled, Wrecked or Impounded Vehicles, as revised according to the wording as stipulated by the City Attorney, was 4O4 Bakersfield, California, August 18, 1982 - Page 45 Ayes: Noes: Absent: referred to the Planning Commission for public hearing and recom- mendation back to the Council, by the following roll call vote: Councilmen Payne, Ratty, Rockoff, Barton Councilmen Means, Strong, Christensen None 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 5101 Ming Avenue, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Central Federal Savings and Loan and would change subject property from an R-1-CH (One Family Dwelling - Church) Zone to a P.C.D. (Planned Commercial Development) Zone, consisting of a 4,500 square foot, one story, savings and loan building, and a 41,800 square foot, two story, general office building with 183 parking spaces to be provided for both structures. 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 5101 Ming Avenue, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. (Further discussion on this item on Page 46 of the minutes.) Approval of Amendment to Agreement No. 82-10 between the City of Bakers- field and Vons Realty Company for Conditional Zoning. This amendment extends the completion date for Agreement No. 82-10 by two months, until September 30, 1982. P. G. & E.,not Vons, has been responsible for the delay as P. G. & E. must re- locate a power pole before other work on Real Road can be done. Bakersfield, California, August 18, 1982 - Page 46 405 The improvements have been required by the City in connection with a zone change. Upon a motion by Councilman Barton, Amendment to Agreement No. 82-10 between the City of Bakersfield and Vons Realty Company for Conditional Zoning, was to execute same. Councilman Barton zoning from R-1-CH to P.C.D. approved and the Mayor was authorized stated the ordinance changing the on property located at 5101 Ming Avenue, requires only 183 parking spaces and that is below the zoning requirement. Mr. Gary Milburn, Architect on the project, stated the figures the Council have were based on the Preliminary Site Plan, and since that time they have been refined to a great extent. 198 parking spaces are being provided and only 196 are Currently required. Councilman Barton requested that the ordinance changing the zoning from R-1-CH to P.C.D. on property located at 5101 Ming Avenue be amended to show that 196 parking spaces are required, instead of 183. Approval of Lease Agreement between the City of Bakersfield and County of Kern for City-owned property at 1611 "S" Street. The County proposes to lease the property for the storage of maintenance vehicles in addition to providing off-street parking for the nearby County Maintenance Facility. An independent appraisal of the property indicates a fair rental value of $765.00 per month. However, since the County of Kern provides services and benefits to City and County residents, and in light of the property being leased to the County for the good and welfare of the general public, a monthly rent of $650.00 is recommended. Upon a motion by Councilman Means, Lease Agreement betwec. n the City of Bakersfield and County of Kern for City-owned property at 1611 "S" Street, was approved and the Mayor was authorized to execute same. 406 Bakersfield, California, August 18, 1982 - Page 47 Approval of Agreement with Warren Host Bakersfield Partners for water service from the City's Fairhaven Water System to the Hilton Inn. The Hilton Inn is constructing additional room accom- modations and is being required to update their fire flows from 1,000 to 3,000 gallons per minute (gpm). They have requested service from the City's Fairhaven Water System to provide the extra fire flow capacity. In lieu of Availability Fees, the Hiltor~ Inn is willing to exchange their 1,000 gpm well and 40,000 gallon water storage system. Stetson Engineers reviewed the well facilities and recommend acquisition to backup and supplement the existing Fairhaven Well and Storage Facility. This agreement provides the Hilton Inn with water for domestic and fire protection purposes, in exchange for title to the water well and related facilities at the southwest corner of their property. The City is responsible for connecting the well to the Fairhaven System while maintaining service to the Hilton Inn. The Hilton Inn is responsible for installing all new services and mains as required for their new expansion project. The Fairhaven Budget contains $18,700 for connection of the well facilities to the Fairhaven System. Upon a motion by Councilman Barton, Agreement with Western Host Bakersfield Partners for water service from the City's Fair- haven Water System to the Hilton Inn, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and Tenneco Realty Development Corporation pro- viding a 2.7 acre park site in the Amberton Area to the City and giving Tenneco the right to discharge drainage waters into a 1.7 acre drainage basin to be constructed by Tenneco on the north side of Truxtun Avenue, east of Mohawk Street. The City would benefit by receiving a park site that is valued at $125,000 to $150,000. The value of the drainage basin site is $5,000 to $7,500. Tenneco would save $65,500 in storm drain construction costs by using the Truxtun Avenue drainage basin Bakersfield, California, August 18, 1982 - Page 48 4O7 site instead of an alternate drainage basin located south of the Carrier Canal. The Public Works Department and City Attorney's Office reviewed the agreement and recommend approval provided a Park Maintenance District is adopted for the proposed park site. Upon a motion by Councilman Means, Agreement between the City of Bakersfield and Tenneco Realty Development Corporation providing a 2.7 acre park site in the Amberton Area to the City and giving Tenneco the right to discharge drainage waters into a acre drainage basin to be constructed by Tenneco on the north side of Truxtun Avenue, east of Mohawk Street, was approved and the Mayor was authorized to execute same. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 199 to 383, inclusive, in the amount of $370,309.65. (b) Claim for Damages from John Craig Meier, P.O. Box 304, Columbia, California. (Refer to City Attorney) (c) Claim for Damages from Julian Contreras, 1013 Grace Street, #C, Bakersfield. (Refer to City Attorney) (d) Claim for Damages and Personal Injuries from Patsy Ladd, 3604 "K" Street, Bakers- field. (Refer to City Attorney) (e) Claim for Damages from Dennis Clayton Fidler and Rebecca Lynn Fidler, 3417 Juniper Ridge Road, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Joseph W. McFadden and Joseph M. Newton, DBA Diamond Oaks Construction Company, 2421 Haley Street, Bakersfield. (Refer to City Attorney) (g) Quitclaim Deed from Tenneco Realty Development Corporation to the City of Bakersfield and from the City of Bakers- field to Tenneco Realty Development Corporation providing for an adjustment in the south right-of-way line of Truxtun Avenue between 2,800 feet west and 1,800 feet east of Mohawk Street to match existing roadway. 408 Bakersfield, California, August 18, 1982 - Page 49 (h) (i) (J) (k) (1) (m) (n) (o) (p) (q) (r) Map of Tract No. 4557 and Improvement Agreement with the Bakersfield Division of U. S. Home Corporation for construction of improvements therein, located on the southeast corner of New Stine Road and Hahn Avenue. Improvement Agreement for Parcel Map No. 6550 with Stockdale Partners for con- struction of improvements required by the Planning Commission, located on north side of District Boulevard, east of the Stine Canal. Notices of Completion and Acceptance of Work on the following: Construction of Multi-Purpose Building at University Park, Contract No. 82-14 with Valley Steel Construction. Parcel Map No. 5793, Contract No. 81-122 with Orange Coast Developers, located at northeast corner of Union Avenue and Watts Drive. Notice of Completion and Acceptance of Work on Drilling and Construction of Observation Wells in "2,800 Acres" Spreading Ground, Contract No. 82-84 with Layne-Western Company, Inc. Application for Encroachment Permit from Frank Vanderhoofven, 904 Nicki Court, Bakersfield, for construction of a 4 foot high masonry and wrought iron fence along back of sidewalk at 904 Nicki Court. Plans and Specifications for resurfacing Elm Street, 24th Street northerly; 21st Street, Oak Street to "F" Street; and "F" Street, Truxtun Avenue to 21st Street. Plans and Specifications for construction of Wastewater Treatment Plant No. 3 Interim Effluent Discharge System, Plans and Specifications for Montclair Storm Drain. Plans and Specifications for resurfacing portions of Gosford Road, Ming Avenue and paving Ashe Road Medians. Plans and Specifications for Drainage Improvements in Kingsland Avenue and Bernard Retention Basin. Contract Change Order No. 1 to Contract No. 82-117 with A. C. Electric Company for Traffic Signal Modifications at the intersections of Columbus and Oswell Streets, Mr. Vernon Avenue and Columbus Street and Ming Avenue and Wible Road. (Continued on next page) Bakersfield, California, August 18, 1982 - Page 50 409 (r) This Change Order is necessary to replace existing 400 watt mercury vapor luminaires at the intersection of Ming Avenue and Wible Road with new, energy efficient 200 watt H.P.S. ltuninaires. The cost of the change is $1,600.00. The total contract price, as a result of the Change Order, is $41,700.00, and is within the total amount budgeted for the project. (s) First Amendment to Pipeline License Agree- ment No. 81-108 between the City of Bakersfield and Independent Valley Energy Company and First Amendment to Memorandum of that Agreement redescribing the route of the pipeline across the City's Sewer Farm at Sewage Treatment Plant No. 3. The new route involves a minor deviation from the originally intended route. (t) Request from Industrial Venture for extension of time to complete improvements in Parcel Map No. 6023, Agreement No. 81-86, located on south side of Planz Road east of Union Avenue. Completion date for this Parcel Map was July l, 1982. The revised com- pletion date is July l, 1983. (u) Request from Dean A. Gay Real Estate and Development on behalf of Joe Mooney for a General Plan Amendment for commercial and professional office use of property located on the northwest corner of 11th and "K" Streets. (Refer to Planning Commission for study and recommendation (v) Resolution of Intention No. 957 of the Council of the City of Bakersfield declaring its intention to order the vacation of a Public Utility Easement within Block i of Tract 1472, north of 30th Street, in the City of Bakersfield and setting Wednesday, September 15, 1982, for hearing on the matter before the Council. (w) Resolution of Intention No. 958 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of Brown Street in the City of Bakersfield, and setting Wednesday, September 15, 1982, for hearing on the matter before the Council. Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v) and (w) of the Consent Calendar, were adopted by the following roll call vote Ayes: Councilmen Means, Payne, Ratty Rockoff, Strong, Barton, Christensen Noes: None Absent: None 410 Bakersfield, California, August 18, 1982 - Page 51 ACTION ON BIDS Upon a motion by Councilman Payne, low base bid plus Alternate B of M-D Construction, in the amount of $265,750.75, for construction of Landfair, Stonepine and Sundale Storm Drain Modifi- cations, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, all bids for construc- tion of Training Classroom at City of Bakersfield Fire Department Station No. l, were rejected and the Finance Operations Manager was authorized to rebid the project. Upon a motion by Councilman Rockoff, low bid of Graybar Electric, in the amount of $46,767.20, for Cobra Head Ballasts and Sodium Lamps for Public Works Department, was accepted and all other bids rejected. Upon a motion by Councilman Christensen, low bid of Deifel's House of Color, in the amount of $8,236.20, for Annual Contract for Paint Supplies, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2772 New Series of the Council of the City of Bakersfield adding Section 2.92.330 C. to Chapter 2.92 of the Bakersfield Municipal Code relative to Fire Department Relief and Pensions. Upon a motion by Councilman Barton, Ordinance No. 2772 New Series of the Council of the City of Bakersfield adding Section 2.92.330 C. to Chapter 2.92 of the Bakersfield Municipal Code relative to Fire Department Relief and Pensions, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Christensen Noes: None Absent: None Rockoff, Strong, Barton, Bakersfield, California, August iS, 1982 - Page 51a 410A Adoption of Ordinance No. 2773 New Series of the Council of the City of Bakersfield amending Section 17.04.330 J. of the Bakersfield ~unicipal Code relative to IIome Occupation. Upon a motion by Councilman ~.~eans, Ordinance No. 2773 New Series of the Council of the City of Bakersfield amending Section 17.04.330 J. of the Bakersfield Municipal Code relative to I~ome Occupation, was adopted by the following roll call vote: Ayes Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes None Absent: None Bakersfield, Cali£ornia, August 18, 1982 - Page 52 411 Deferral of action on an Ordinance of the Council of the City of Bakers- field amending Sections 17.53.060 D.3. and 17.53.060 I. o£ the Bakersfield Municipal Code relative to Site Plan Review. Councilman Rockoff stated he objects to Item 1.1., Appeal Process, contained in this ordinance. One of the reasons the Council has been here so late tonight is dealing with Impound-Junk Yards. Had there not been a Site Plan Review the error in the ordinance would not have come up. The purpose of Section 1.1. is to eliminate the right to appeal a Site Plan Review in a Class "B" or "C" project and he does not believe this was the intent. The applicant is allowed to appeal, but not the surrounding property owners who might be affected. Upon a motion by Councilman Rockoff, action on an Ordinance of the Council of the City of Bakersfield amending Sections ~7.53.060 D.3. and 17.53.060 I. of the Bakersfield Municipal Code relative to Site Plan Review, was deferred until the Council Meeting of September l, 1982. Deferral of action on an Ordinance amending 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 south of Planz Road, west of Madison Avenue. This amendment was initiated by the Planning Commission and would change subject property from an R-1 (One Family Dwelling) Zone to an M-1 (Light Manufacturing) Zone. The Planning Commission recommended approval of this amendment. Councilman Barton made a motion and Ordinance amending Title Seventeen of to adopt Negative Declaration the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located south of Planz Road, west of Madison Avenue, finding said zoning consistent with the General Plan. Bakersfield, California, August 18, 1982 - Page 53 made in future. Councilman Rockoff stated he believes that the Council is doing the same thing as the Impound-Junk Yard issue, where is being placed next to M-1 property. Some mistakes have been the past, but they should not continue to be made in the Councilman Rockoff offered a substitute motion that action on an Ordinance amending Title Seventeen of the Municipa~ Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located south of Planz Road, west of Madison Avenue, be deferred until the Council Meeting of September 1, 1982. This motion was approved with Council- man Barton voting in the negative. Adoption of Ordinance No. 2774 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 Gosford Road, between Stockdale Highway and Ming Avenue. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an "A" (Agricultural) Zone to an R-2 (Limited Multiple Family Dwelling) and O-S (Open Spa~e) Zone. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2774 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 Gosford Road, between Stockdale Highway and Ming Avenue, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Payne, Ratty, Christensen None Councilman Means Rockoff, Strong, Barton, Bakersfield, California, August 18, 1982 - Page 54 413 Councilman Barton suggested, because it is very unfair to the public for Council Meetings to go past midnight or later and people leave, that if the Agenda is not concluded by midnight that arrangements be made to continue the meeting to the following night. Councilman Rockoff stated Council ~leetings start earlier. up at return to weekly meetings or split morningsand evenings on Wednesdays, to that effect. it has been suggested that the Councilman Barton stated he plans to bring this subject the Council Meeting of September 1, 1982. Councilman Christensen made a motion that the Council the meetings and meet in the and an ordinance be drafted City Manager Kelmar stated that one of the problems is that during the summer months the Council meets only two times a month and hearings have been held at one of those meetings. The proposed meeting schedule, which will be in the next packets, shows meetings every other week and one meeting a month strictly for hearings. Councilman Christensen's motion that the Council return to weekly meetings or split the meetings and meet in the mornings and evenings on Wednesdays, and an ordinance be drafted to that effect, failed to carry with Councilmen Payne, Ratty, Rockoff, Strong and Barton voting in ~e negative. Councilman Means was absent. Councilman Christensen made a motion that if meetings are not concluded by midnight a half hour recess be declared and the City serve coffee and donuts. This motion failed to carry with Councilmen Ratty, Rockoff, Strong and Barton voting in the negative. Councilman Means was absent. ADJOURNMENT There being no further business to come before the Bakersfield, California, August 18, 1982 - Page 55 Council, upon a motion by Councilman Barton, the meeting was adjourned at 1:55 A.M. MAYOR City of Bakersfield, Calif. ATTEST: CITY CLERg and/Ex Officio Clerk of the Council of the City of Bakersfield, California ma 415 Bakersfield, California, August lB, 1982 Minutes of a budget session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 2:00 A.M., August 19, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Shell. Absent: None Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff CLOSED SESSION Upon a motion by Councilman Rockoff, the Council recessed to a Closed Session at 2:01 A.M., for discussions with the City's Labor Negotiator. The budget session was reconvened at 2:25 A.M. BUDGET SESSION Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 6-82 regarding Salary and Supplemental Benefits for Blue and White Collar Units, as follows: In compliance with the State of California's Meyers-Milias-Brown Act, the City has con- cluded its Annual Meet and Confer Session with the Service Employees International Union (SEIU). The City's negotiating team has been able to negotiate within the guidelines as established by the City Council in their last Executive Session. Meet and Confer Sessions with the Police, Fire and Fire Supervisory Units will continue, and hopefully a settlement will be forthcoming in the near future. Consulting Sessions with the Police Supervisory Unit will also continue. In the interim, the Governmental Efficiency and Personnel Committee is making the following recommendations for Council approval: BLUE AND WHITE COLLAR UNITS A 5% salary increase effective July 12, 1982 (Retroactivity applies to current employees as of date of Council approval.) No change in contribution for health insurance. City will reimburse employees for additional health insurance premiums withheld from their pay prior to Council 4_16 Bakersfield, California, August 18, 1982 - Page 2 approval of the settlement with these units. (Once settlement is reached with all bar- gaining units, the medical plan deductible will be modified to $150 per year and will be extended to include hospitalization.) City to provide up to $150 tool allowance annually to Trades Assistants who maintain and supply designated tools on the job. 4 o Standby pay to be paid at same rate and under same conditions as Police Safety Unit. The number of holidays for Fiscal Year 1982-83 will remain the same as last year, however, the Fridays before Christmas and New Year's will be full day holidays and Lincoln's Birthday, Saturday, February 12, will be exchanged for Friday, February 11. One additional floating holiday in exchange for the half day holidays before Christmas and New Year's effective July 1, 1982. o Uniform allowance for Police Department nonsafety employees required to wear uniforms increased from $150 annually to $250 annually with patches and chevrons furnished by City. The total annual cost for the Blue and White Collar employees is $470,000. These costs are within the 5% increase authorized by the City Council. In order to implement these changes, the Govern- mental Efficiency and Personnel Committee is recommending Council approval of this report. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 6-82 regarding Salary and Supple- mental Benefits for Blue and White Collar Units, was accepted; and recommendations as outlined in the report, were approved. RECESS Upon a motion by Councilman Barton, the Council recessed its budget session at 2:35 A.M., until a report is received from the Governmental Efficiency and Personnel Committee regarding Meet and Confer Sessions with the remaining Employee Units. A~YO~ )f Bakersfield, Calif. ATTEST: CITY · ~ ' of the City of Bakersfield, California Council ma 417 Bakersfield, California, September l, 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., September l, 1982. The meeting was called to order by Mayor Shell, £ol~owed by the Pledge of Allegiance and Invocation by Mayor Shell. The City Clerk called the roll as follows: Present: Mayor Shell. Absent: None Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Minutes of the regular meeting of August 18, 1982, and budget session of August 18, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Gordon B. Bleil, Senior Vice-President of American National Bank, 1325 19th Street, stated a controversy has come up over the use of the Electronic Sign at the Civic Auditorium. American National Bank was not allowed to place a message on the sign, because it was an event held at a location other than the Civic Auditorium and it was felt it would confuse the public. The American National Bank and Bakersfield Californian donated the sign with the understanding that several minutes, several times a day, would be reserved for their advertising. Mr. Bleil requested that the intent of the use of the sign be clarified, and an understanding be reached that Auditorium Manager Graviss not be held accountable for the messages placed on it by the American National Bank and Bakersfield Californian. Upon a motion by Councilman Barton, controversy regarding the use of the Electronic Sign at the Civic Auditorium, was referred to the Auditorium-Recreation Committee for study and recommendation. Mr. Bob Johnson, representing the Bakersfield Californian, stated they would also like a clarification on the use of the Electronic Sign at the Civic Auditorium. They have not been allowed to put several public service messages on the sign and feel there is some confusion over the use of it by the donors. Bakersfield, California, September l, 1982 - Page 2 CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Roger E. Wilde, 2517 Buena Vista, dated August 18, 1982, expressing his support of the Kern River Plan, was received and referred to the Water and City Growth Committee. Upon a motion by Councilman Rockoff, communication from the Kern County Builders' Exchange, Inc., dated August 30, 1982, expressing their support of an Ordinance on tonight's Agenda regarding Site Plan Review, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication from Ru£ener's Drug Stores, dated August 27, 1982, expressing their opposition to the use of bond monies to help private developers fund commercial shopping centers, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Christensen, communication from Joyce Gardenhire, 2001 Belle Terrace, dated August 31, 1982, expressing opposition to the Electronic Sign at the Civic Auditori~Lm, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Barton stated that due to the length of the Council Meetings and public inconvenience, he would make a motion that first reading be considered given an Ordinance changing the time of Council Meetings from 8:00 P.M. to 6:00 P.M., with the pre-meeting to start at 6:00 P.M. and then go directly into the regular meeting and Schedule of Meetings, as submitted by the City Manager for the months of October, 1982 through March, 1983, be approved. Councilman Strong stated he felt 6:00 P.M. would not allow enough time for the public to attend and suggested that the meetings be changed to start at 7:00 P.M., with the pre-meeting at 6:45 P.M. Bakersfield, California, September l, 1982 - Page 3 419 Councilman Rockoff stated he felt 7:00 P.M. was more reasonable for the public's and Council's convenience. Councilman Means offered a substitute motion that first reading be considered given an Ordinance changing the time of Council Meetings from 8:00 P.M. to 7:00 P.M., with the pre-meeting at 6:45 P.M. In answer to a question by Councilman Payne, City Manage~? Ke~mar stated Workshop Sessions would also have to be changed to begin at 6:00 P.M., rather than 7:00 P.M. Councilman Means' substitute motion that first reading be considered given an Ordinance changing the time of Council Meetings from 8:00 P.M. to 7:00 P.M., with pre-meetings at 6:45 P.M., carried by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Christensen, Means Noes: Councilman Barton Absent: None Councilman Christensen made a motion that Council Meetings be stopped at 12:00 Midnight, unless there is an extreme emergency. Councilman Payne stated he feels stopping meetings at midnight would cause public inconvenience, especially for people who have been waiting for an item on the agenda. Councilman Rockoff stated he favors the curfew, if hearings were scheduled earlier in the meeting. In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated the order of business for Council Meetings is set by ordinance and it would require adoption of an amending ordinance to change it. Councilman Christensen's motion that Council Meetings be stopped at 12:00 Midnight, unless there is an extreme emergency, failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Rockoff, Christensen Councilmen Payne, Ratty, Strong, Barton, Means None 420 Bakersfield, California, September l, 1982 - Page 4 Mr. Terry Moreland stated Physician's Plaza, a $10,000,000 construction project containing approximately 8 acres of land, is being developed into a medical facility. They have requested that the map be recorded and all requirements have been met, except the cable television portion. They have not been able to secure a contract or estimate from Warner Cable in order to pay them or bond that part of the requirement. Mr. Moreland requested that the Council allow the Parcel Map to be recorded so their funding will become effective, and also indicated cable tv will not be used, because it is a medical facility. Mr. Moreland stated Warner Cable has had their plans since the beginning of the project. City Attorney Oberholzer stated the purpose of the tentative and final map is to make sure certain improvements are put in prior to recording the final map. There is a provision, within the Subdivision Map Act, that allows subdividers to bond or place on deposit with the local governmental agency the appropriate~ funds necessary to provide those services, if they cannot be provided in a timely manner. It is not uncommon to bond for improvements upon filing of the final map. Mr. Moreland stated they would be willing to do that, and that is the reason he is here tonight. Warner Cable will not given them a figure so they can bond for it, and that is the problem. Director of Public Works Hawley stated his staff could meet with the cable tv company and find out where their lines are and come up with an estimate. Councilman Payne asked if the £inal parcel map can be filed, if an agreement is reached between all parties, without further Council action. City Attorney Oberholzer stated no, and the Council cannot act until certification is received from the City Engineer that the requirements have been met in accordance with the Sub- division Map Act. Bakersfield, California, September l, 1982 - Page 5 421 In answer to questions by Councilman Payne, Director of Public Works Hawley stated he was not aware of this problem until tonight, does not know what the status of the subdivision is and has not reviewed all the documents. The City Engineer's Office will do everything possible to come up with an acceptable estimate for bond purposes within the necessary time frame. Mr. Moreland indicated that would meet his needs and thanked the Council and staff. Councilman Barton requested that the Director of Public Works check into this type of problem and see if an arrangement can be made to prevent it happening in the future. Councilman Means made a motion that the staff be authorized to obtain the necessary services of a consultant to proceed with taking whatever action necessary to fight the Zone of Benefit No. 1 Tax. In answer to a question by Councilman Ratty, Councilman Means stated before Mr. Stetson or Mr. Hatch, City's Water Consultants, can make an analysis of the Zone of Benefit No. 1 Study, that the Kern County Water Agency will be releasing, and in order to pursue it at the Board of Supervisors' or Kern County Water Agency's level, Council authorization is needed. City Manager Kelmar stated the report is not completed at this time and Council authorization is needed before funds can be expended to have the report analyzed by the City's consultants. Councilman Ratty stated the expenditure of a large amount of funds for an analysis of the Zone of Benefit No. i Study to bring a lawsuit was not his intention when he voted for the Advisory Election. It was only to let people vote on it and pass the results of the vote onto the Board of Supervisors. He felt the Council should adopt a resolution to pass the results o£ the Advisory Election to the Board of Supervisors and Kern County Water Agency. 422 Bakersfield, California, September 1, 1982 - Page 6 Councilman Rockoff stated he felt it was premature to authorize the expenditure of funds for an analysis of the study on the Zone of Benefit No. i Tax, until the results of that study are known. City Manager Kelmar stated, if the Council wants the study analyzed, time is very critical. If the Council waits until September 15th, which is the next Council Meeting date, the consultants will lose that critical time. Councilman Means' motion that the staff be authorized to obtain the necessary services of a consultant to proceed with taking whatever action necessary to fight the Zone of Benefit No. 1 Tax, failed to carry by the following roll call vote: Ayes: Councilmen Christensen, Means Noes: Councilmen Payne, Ratty, Rockoff, Barton Absent: None Abstaining: Councilman Strong Councilman Means asked if the Council wants to pursue the matter any further or not. Councilman Strong stated he agrees with Councilman Rockoff, anything the Council does to authorize an analysis of the study without some indication as to cost would be like writing a blank check. The Council is interested in an analysis of the study, but the cost should be known first. City Manager Kelmar stated if the study is released in the next few days, the City's consultants could be requested to review it, and, hopefully, at the next Council Meeting an estimate of the cost of an analysis could be made. City Attorney Oberholzer stated it would be difficult for the City to pursue this without the consultants beginning the review process soon, in order to make an appearance at the Kern County Water Agency to object to the tax. City Manager Kelmar stated he understands the consultants were to meet yesterday to finalize the study and it is hoped it Bakersf±eld, Cal±fornia, September l, 2982 - Page 7 will be made public the latter part of this week. Public hearings will begin September 9th, to submit the results of the study to the public. After that weekly hearings will be held for public input. City Attorney Oberholzer stated hearings on the Zone o£ Benefit No. I Tax are normally held in September and October. Councilman Means made a motion that staff be authorized to request the consultants to begin an analysis of the Zone of Benefit No. i Tax Study, not to exceed $4,000 between now and the next two weeks, and a more definite cost estimate be submitted at the Council Meeting of September 15, 1982. Councilman Rockoff stated he was originally opposed to the Advisory Election until after the study was completed. He felt there was no basis for people to make up their minds, as to voting yes or no, unless they had information to base their vote on, other than the emotionalism of not wanting to pay a tax. He feels the results of the election were based upon their feeling that they did not want to pay a tax and that is the expression the Council should forward to the Kern County Water Agency and Board of Supervisors. That is what the Council owes the voters of the City. The people or groups who wish to state their feelings, pro or con, can appear at the public hearings before the Kern County Water Agency and Board of Supervisors. Nothing will be gained by the City spending additional funds to reanalyze the analysis. Adoption of Resolution No. 98-82 of the Council of the City of Bakers- field advising the Kern County Board of Supervisors and Kern County Water Agency of the results of the Advisory Election held June 8, 1982, on the Zone of Benefit No. i Assessment. Councilman Ratty made a motion to adopt Resolution No. 98-82 of the Council of the City of Bakersfield advising the Kern County Board of Supervisors and Kern County Water Agency of the results of the Advisory Election held June 8, 1982, on the Zone of Benefit No. 1 Assessment. 424 Bakersfield, California, September 1, 1982 - Page 8 Councilman Means stated the original discussion on this matter made it very clear that the ballot measure would ask "shall the City take every action to stop the Zone I Water Tax." The ballot measure did not state that the Council would send a little "please note" over to the Board of Supervisors and Kern County Water Agency. The Council voted to put on the ballot that the City would take every method to stop that Zone Tax, and it was passed 2 to 1 that the Council should do that. It would be irresponsible of the Council not to have some idea of how much it will cost to bring someone in to analyze it. Councilman Means stated he did not vote to have the City participate in the study. He voted against it, because he was not assured the study would be on the up and up, and he is still not convinced it will come back with an accurate analysis. He has every reason to believe it will not. If the Council does not authorize tonight, at least, the beginning of an assessment of that study any option the City might have will be lost for any further action the Council might want to take. In answer to a question by Councilman Means, Assistant Water Manager Gene Bogart stated the City paid Mr. Stetson and Mr. Hatch, City's Water Consultants, approximately $113,000 last year for several issues pending before the Water Department. After further discussion, Councilman Ratty's motion that Resolution No. 98-82 of the Council of the City of Bakersfield advising the Kern County Board of Supervisors and Kern County Water Agency of the results of the Advisory Election held June 8, 1982, on the Zone of Benefit No. 1 Assessment, be adopted, carried by the following roll call vote: Ayes Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Noes None Absent: None Bakersfield, California, September l, 1982 - Page 9 425 Councilman Rockoff stated the Council appointed him to the League of California Cities Ad Hoc Dues Committee and reported as follows: An Ad Hoc League Dues Committee reported that the League is in good financial condition this year and no changes are needed in the dues structure or assessments at the present. They reported that a modest dues increase may be needed in the future and recommended that a new Dues Committee be created next year to evaluate the situation to assure the League is able to continue a desirable level of member- ship and legislative service. The League has not had a dues increase in nine years and enjoys only a modest natural growth due to increased population of approximately 1½% per year. Upon a motion by Councilman Barton, the Fireworks Ordinance was referred to the Business Development and Parking Committee to study in an attempt to reduce losses due to Fireworks and come back to the Council with a recommendation. Mayor Shell suggested that the residents of Kern City be notified that the Kern City No. 2 Annexation has been delayed due to a breakdown with Kern County in the distribution of Property Taxes between the City and County. Upon a motion by Councilman Strong, Mayor Shell was directed to write a letter to the Kern City Homeowners Association advising them of the delay in the Kern City No. 2 Annexation. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 384 to 788, inclusive, in the amount of $1,567,377.65. (b) Claim for Damages and Personal Injuries from Derrell Nathaniel Bethea, 144 "T" Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Claudine Jasper, 1000 Casino Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Robin J. (McClelen) Wycuff, 3141 Monterey Street, Bakersfield. (Refer to City Attorney) 426 Bakersfield, California, September 1, 1982 - Page 10 (d) , (e) , (e) (f) (g) (h) (i) (J) (k) (1) (m) (n) (o) Upon (f), Claim for Damages from Hanning-Monnat, Inc., 1429 Stratford, Wichita, Kansas. (Refer to City Attorney) Claim for Damages from Donald Keith Evans, 508 South Chester Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Ernest B. Rice, 7813 Revelstoke, Bakersfield. (Refer to City Attorney) Road Easement from Tenneco Realty Develop- ment Corporation providing for dedication of Ming Avenue from Gosford Road to Old River Road. Street Right-o£-Way Deed from Donald and Robert Hallisey providing for dedication of Fairfax Road from College Avenue northerly approximately 1,300 feet to the southerly boundary of Tentative Tract No. 4497. Agreement and Grant of Easement from Trustee of California State University providing for dedication of a portion of Camino Media along the south 45 feet of Cal-State Bakersfield. Drainage Easement from Dickinson-Wadsworth Associates as required by the Planning Commission for Tract No. 4197, located north of Panorama Drive, east of Fairfax Road. Sewer Line Easement from M.T.L. Develop- ment Company as required for the Fairview Assessment District (No. 81-1), located between Pacheco Road and Panama Lane, east of South "H" Street. Application for Encroachment Permit from Crisanto Perez, 615 - 6th Street, Bakers- field, for construction of a 4 foot high masonry and wrought iron fence 5 feet behind curb at 615 6th Street. Application for Encroachment Permit from Eldon Easter, 2620 "F" Street, Bakers- field, for construction of a building facade extending 7 inches into the side- walk area at 815 - 34th Street. Plans and Specifications for resurfacing Union Avenue, between Irene Street and Monte Vista Drive; Manor Street, between Panorama Drive and Denise Street; and 30th Street, between Chester Avenue and "F" Street. a motion by Councilman Means, Items (a), (b), (g), (h), (i), (j), (k), (1), (m), (n)and (o) (c), of 427 Bakersfield, California, September 1, 1982 - Page ll the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Strong, bid of John Ramage, in the amount of $62,600, for sale of surplus property located at the southwest corner of La Costa Street and University Avenue, was accepted and the Mayor was authorized to execute the deed. Upon a motion by Councilman Ratty, bid of Bench Ad Company, in the amount of $12.00 per bench per year for a total of $8,604, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bids of Pacific Safety Company (for i item), in the amount of $3,442.35, and Flashco, Inc., (for i item), in the amount of $1,566.23, for Barricades and Flashers, were accepted and all other bids rejected. Upon a motion by Councilman Barton, low bid of Granite Construction Company, in the amount of $1,972,498, for the Beardsley and Rocky Point Diversion Weirs, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of James G. Francis, Contractor, in the amount of $59,106, for construction of reinforced concrete box culverts on Stockton Street at the Eastside Canal, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Referral of an Ordinance of the City of Bakersfield creating a Historic Preservation Commission and estab- lishing rules and regulations governing the designation, preser- vation and perpetuation of Historical and Scenic Properties. Councilman Rockoff stated that due to the objections received from various organizations on the mandatory requirements 428 Bakersfield, California, September 1, 1982 - Page 12 contained in this ordinance, he would make a motion that the Ordinance of the City of Bakersfield creating a Historic Preser- vation Commission and establishing rules and regulations governing the designation, preservation and perpetuation of Historical and Scenic Properties, be referred to the Water and City Growth Committee This motion was unanimously for further study and recommendation. approved. Adoption of Ordinance No. 2775 New Series of the Council of the City of Bakersfield amending Sections 17.53.060 D.3. and 17.53.060 I of the Bakersfield Municipal Code relative to Site Plan Review. Councilman Rockoff stated he does not agree with the appeal process as written in this ordinance and made the following recommendations for amending the ordinance: Appeal Class "C" Projects. There shall be no right to appeal the decision of the Site Plan Review Committee on a Class "C" Project. Appeal Class "B" Projects. The applicant or any person asserting that his property rights have been substantially affected by the decision of the Site Plan Review Committee on a Class "B" Project may, within ten days of the date of the decision, appeal to the City Council by filing a written notice of appeal with the City Clerk. The City Council shall hold a public hearing on the appeal. Appeal Class "A" Projects. Change the wording from "The applicant and any person asserting" to "The applicant or any person asserting." Councilman Rockoff made a motion to adopt the Ordinance amending Sections 17.53.060 D.3. and 17.53.060 I. of the Bakers- field Municipal Code relative to Site Plan Review, with the amendments as read into the record. Councilman Rockoff stated he feels eliminating the appeal process for Class "B" Projects is completely wrong, because they can be major projects. Mr. Ben Phipps, Planning Commissioner and member of the ZORAC Committee, stated he does not remember the ZORAC Committee even discussing the appeal process and he does not know where it 429 Bakersfield, California, September 1, 1982 - Page 13 came from. Mr. Phipps then outlined the reasons he is opposed to it, and stated he can only foresee problems of great proportions for the City with this appeal process. Mr. Phipps recommended that only the applicant be allowed to appeal Class "B" and "C" Projects. Mr. David Milazzo, Planning Commissioner and member of the ZORAC Committee, stated there was little or no discussion in the ZORAC Meetings on the appeal process for Class "B" and "C" Projects. One of the solutions to this problem was the ability of a project to move up and down the scale. A Class "C" Project that may have a little more impact on a neighborhood could be increased to a Class "B" Project and go before the Site Plan Review Committee, etc. Those kinds of steps insure that projects get adequate review, based on their scale and impact on neighborhoods. The notion of adding an appeal process for any interested party within the City Limits was not one of the items considered by ZORAC and he supports eliminating it on both Class "B" and "C" Projects. After considerable discussion, Councilman Payne offered a substitute motion that an Ordinance of the Council of the City of Bakersfield amending Sections 17.53.060 D.3. and 17.53.060 I. of the Bakersfield Municipal Code relative to Site Plan Review, be adopted as originally submitted to the Council. Councilman Strong indicated he feels the surrounding property owners should have the right to appeal and cannot support the substitute motion. After further discussion, Councilman Payne's substitute motion to adopt Ordinance No. 2775 New Series of the Council of the City of Bakersfield amending Sections 17.53.060 D.3. and 17.53.060 I. of the Bakersfield Municipal Code relative to Site Plan Review as originally submitted to the Council, carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Payne, Ratty, Barton, Means Councilmen Rockoff, Strong, Christensen None 430 Bakersfield, California, September l, 1982 - Page 14 Mayor Shell declared a brief recess at 10:30 P.M. and reconvened the meeting at 10:40 P.M. Adoption of Ordinance No. 2776 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 south of Planz Road, west of Madison Avenue. This amendment was initiated by the Planning Commission and would change subject property from an R-1 (One Family Dwelling) Zone to an M-1 (Light Manufacturing) Zone. The Planning Commission recommended approval of this amendment. Councilman Payne 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 that certain property in the City of Bakersfield located south of Planz Road, west of Madison Avenue, finding said zoning consistent with the General Plan. Councilman Rockoff stated he is concerned about Zoning across the street from R-1 Zoning. Mr. John Coy, Real Estate Broker, stated that due to the noise factor there really is not any other zoning, other than M-l, that the property is suitable for, unless it would be Agricultural and that is why the Planning Commission recommended industrial. The City no longer has the Design Overlay, which would probably solve some of his problems, because he would like to have the extra review process on this request. The owners and purchasers are willing to make any concession to protect or listen to the complaints of the residents across the street on Madison Avenue. Perhaps access could be limited to Planz Road with none from Madison Avenue. To the visual impact, vegetative screening, etc., could be protect put in. Planning Director Sceales, with the aid of a map, why the Planning Commission recommended M-1 Zoning on this parcel of property. explained particular Bakersfield, California, September 1, 1982 - Page 15 431 Councilman Strong stated this is a different situation than some of the zoning the Council has been discussing the last two meetings, and there were no protests to what is being planned. Councilman Strong stated he is at a loss as to what other uses could be applied to this property in light of the Airpark, and he does not have a firm objection even though he probably will not support the motion. He felt Mr. Coy has given all the assurance needed and he will comply with whatever the City requires. Planning Director Sceales stated that there is a land- scaping requirement along Madison Avenue, across the street from the R-1 houses. Councilman Rockoff offered a substitute motion that the Negative Declaration and 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 south of Planz Road, west of Madison Avenue, finding said zoning consistent with the General Plan, be adopted with the condition that prior to issuance of any Building Permit the builder first erect a wall and vegetation to the satisfaction of the Planning Director. After further discussion, this motion failed to carry by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Christensen Noes: Councilmen Payne, Ratty, Barton, Means Absent: None Councilman Payne's motion to adopt the Negative Declaration and Ordinance No. 2776 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 south of Planz Road, west of Madison Avenue, consistent vote: Ayes: Noes: Absent: with the General Plan, Councilmen Payne, Ratty, carried by finding said zoning the following roll call Barton, Means Councilmen Rockoff, Strong, Christensen None 432 Bakersfield, California, September 1, 1982 - Page 16 Adoption of Ordinance No. 2777 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 Bakers- field, located at 5101 Ming Avenue, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Central Federal Savings and Loan and would change subject property from an R-1-CH (One Family Dwelling - Church) Zone to a P.C.D. (Planned Commercial Development) Zone, consisting of a 4,500 square foot, one story, savings and loan building, and a 41,800 square foot, twc story, general office building with 196 parking spaces to be pro- vided for both structures. The Planning Commission recommended approval of this amendment. At the request of Councilman Barton the number of parking spaces was increased from 183 to 196. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2777 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 5101 Ming Avenue, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Payne, Rockoff, Strong, Barton, Christensen, Means Noes: None Absent: Councilman Ratty NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield, commonly known as 6800 Stockdale Highway, and making findings in connection with a P.U.D. Zone. Bakersfield, California, September 1, 1982 - Page 17 433 The application for this amendment was made by A1F. Mayo and would change subject proper~y from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone, consisting of 46 two story condominium townhouses. The Planning Commission approved the P.U.D. Zoning at their meeting of August 5, 1982. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield, commonly known as 6800 Stockdale Highway, and making findings in connection with a P.U.D. Zone. Adoption of Resolution No. 99-82 of the Council of the City of Bakers- field approving the destruction of certain obsolete City records, docu- ments, instruments, books and papers, pursuant to Section 34090 et seq. o£ the Government Code of the State of California. Periodically the Fire Department destroys certain records, documents, etc., pursuant to California Law. These documents have to be at least two years old and require a resolution adopted by the Council approving the destruction and approval by the City Attorney. The City Attorney approved the destruction of these records and a resolution of the Council will complete the necessary actions. Upon a motion by Councilman Christensen, Resolution No. 99-82 of the Council of the City of Bakersfield approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 et seq. of the Govern- ment Code of the State of California, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Noes: None Absent: None 434 Bakersfield, California, September 1, 1982 - Page 18 Adoption of Resolution No. 100-82 of the Council of the City of Bakers- field approving the Application for Grant Funds under the 1980 California Parklands Act for development and improvements at Amberton, Westwold and Corvallis Parks. In February, 1981, the City Council adopted a resolution which approved the priority plan for expenditure for Kern County, under the 1980 State Park Bond Act. The City of Bakersfield's share under the plan was $360,495. Applications must be submitted by September 15th of each year for funding in the following fiscal year. This request for funds is to develop and improve Amberton, Westwold and Corvallis Parks. Upon a motion by Councilman Means, Resolution No. 100-82 of the Council of the City of Bakersfield approving the Application for Grant Funds under the 1980 California Parklands Act for develop- ment and improvement at Amberton, Westwold and Corvallis Parks, was adopted by the following roll call vote: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means None None Ayes Noes Absent: Adoption of Resolution No. 101-82 of the Council of the City of Bakers- field concurring in the County of Kern Solid Waste Management Plan. This plan updates the plan which the City approved on December 15, 1975. The revised plan includes current solid waste characteristics and population and waste generation projections. It also includes new chapters on Oilfield/Hazardous Waste Disposal and Resource Recovery. Upon a motion by Councilman Payne, Resolution No. 101-82 of the Council of the City of Bakersfield concurring in the County of Kern Solid Waste Management Plan, was adopted by the following 435 Bakersfield, California, September l, 1982 - Page 19 roll call vote: Ayes: Councilmen Payne, Ratty, Christensen, Noes: None Absent: None Rockoff, Strong, Barton, Means Approval of Agreement between the City of Bakersfield and Susan Anderson for instruction in Calligraphy. This contract stipulates that Susan Anderson is to Calligraphy, same. instruct students in the techniques of Calligraphy for a period of five weeks at Holloway-Gonzales Library. As an independent contractor, she is to receive 80% of all fees collected. Upon a motion by Councilman Strong, Agreement between the City of Bakersfield and Susan Anderson for instruction in was approved and the Mayor was authorized to execute Approval of Amendment to Agreement No. 79-121 with John Gordon for administration of School Crossing Guard Program. On August 8, 1979, the City Council authorized Agreement No. 79-121 between the City and John Gordon, an individual, for the purpose of providing Crossing Guard Service at various school crossings throughout the City. The agreement provides that the contractor's fees will be negotiated on an annual basis. As provided in the agreement, the staff met with the contractor and reviewed his financial records. Pursuant to such review and negotiation, the staff and the contractor agree a 5% increase in fees is warranted for the 1982-83 school year. Upon a motion by Councilman Barton, Amendment to Agreement No. 79-121 with John Gordon for administration of School Crossing was approved and the Mayor was authorized to execute Guard Program, same. Approval of Contract with Panama School District for Community Recreation Program. 4' 6 Bakersfield, California, September 1, 1982 - Page 20 This is an annual contract for the organization and promotion of programs of community recreation and provides that the City will conduct and maintain a program of planning and supervising certain recreational activities in cooperation with the Panama School District. the City and Panama School related costs. The agreement further provides that District will each share 50% of the Upon a motion by Councilman Payne, Contract with Panama School District for Community Recreation Program, was approved and the Mayor was authorized to execute same. Approval of Contract between the City of Bakersfield and the Greater Bakers- field Chamber of Commerce providing for the operation of a Convention Bureau. Councilman Rockoff stated he is an officer in the Chamber of Commerce and will abstain from voting on this matter. Upon a motion by Councilman Barton, Contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce providing for the operation of a Convention Bureau, was approved and the Mayor was authorized to execute same. Councilman Rockoff abstained from voting on this matter. Approval of Contract between the City of Bakersfield and the Greater Bakers- field Chamber of Commerce for the service of advertising the City and promoting the Industrial Development of the City. Councilman Rockoff stated he is an officer in the Chamber of Commerce and will abstain from voting on this matter. Upon a motion by Councilman Barton, Contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce for the service of advertising the City and promoting the Industrial Development of the City, was approved and the Mayor was authorized to execute same. Councilman Rockoff abstained from voting on this matter. Bakersfield, California, September l, 1982 - Page 437 Ayes: Noes: Absent: Council, adjourned at Approval of Proposed Negative Declara- tion for Fairview Assessment District Improvements. The project includes the construction of sewer and storm drainage facilities for Assessment District No. 81-1, comprising of approximately 150 acres located east of South "H" Street and north of Panama Lane. On the basis of an initial study, the staff finds no significant adverse onvironmental effects resulting from the project, provided that required safety procedures are employed and project specifications are adhered to. Upon a motion by Councilman Barton, Proposed Negative Declaration for Fairview Assessment District Improvements, was approved by the following roll call vote: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means None None ADJOURNMENT There being no further business to come before the upon a motion by Councilman Christensen, the meeting was ll:18 P.M, MAYOR of Calif. ATTEST: CITY CLERK and E~Officio Clerk of the Council of the City of Bakersfield, California ma 4S8 Bakersfield, California, September 1, 1982 Minutes of a budget session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at ll:20 P.M., September 1, 1982. The me~ting was called to order by Mayor Shell, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Absent: None Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 7-82 regarding New Positions and Reclassifications, as follows: The Governmental Efficiency and Personnel Committee has met with the City Manager and his staff in regards to new positions and reclassifications. As was pointed out by the City Manager in his recent budget message, the City has grown in population, over the last ten years, nearly 50%; the area of the City has grown 166%; street miles 70%; City parks 54%; and fire calls for service 150%. During this same ten year period, there are only 34 or 22% more sworn personnel in the Police Department; 5% more in the Fire Department; and 14% in Public Works. The City is continuing to grow, and in an attempt to maintain our present level of service. the Governmental Efficiency and Personnel Committee is recom- mending the following personnel changes for fiscal year 1982-83: PUBLIC WORKS 1. One Street Maintainer, effective January, 1983. Employee Cost - $9,912. o One Motor Sweeper Operator, effective January, 1983. Employee Cost $11,385. Equipment Cost - $80,000. 3. One Park Maintainer, effective January, 1983. Employee Cost - $9,917. Equipment Cost - $9,000. POLICE DEPARTMENT Five new positions, Police Officer, effective January, 1983. Employee $79,591. Equipment Cost $17,767. Cost - Bakersfield, California, September 1, 1982 - Page 2 439 DEVELOPMENT SERVICES 1. One new position, Building Inspector II. Employee Cost - $26,761. Total New Positions - 9 Total Employee Costs - $137,566 Total Equipment Costs - $106,767 RECLASSIFICATIONS Public Works 1. Two Sanitation Worker II to Sanitation Worker III. Total Cost $3,528. 2. Two Street Maintainers to Light Equipment Operator. Total Cost - $1,591. 3. One Welder I to Craft Worker II. Total Cost - $1,048. 4. One Craft Worker II to Craft Worker I. Savings of $1,595. Fire Department 1. One Clerk Typist II to Steno I. Savings of $386. Community Development One Associate Planner to Principal Planner. Total Cost - $1,178. Police Department Eliminate one vacant Police Sergeant position, effective July l, 1982, and replace this position with two Detectives, effective January, 1983. Total Rectassification Costs - $5,364. Attached to this report is an itemized list of all Department Head requests along with the City Manager's recommendations. The Department Head requests were for 26 new positions and 10 reclassifications. These requests totaled nearly $900,000 for new positions, equipment costs, and reclassifications. Also attached are Department Head requests and their justifi- cations for each of the positions. In order to effectuate these changes, the Governmental Efficiency and Personnel Committee is recommending Council approval of these nine new positions, equipment costs and the nine reclassifications. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 7-82 regarding New Positions and 44O Bakersfield, California, September 1, 1982 - Page 3 Reclassifications, was accepted; and nine new positions, equipment costs and nine reclassifications, as outlined in the report, were approved. Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 8-82 regarding Salary and Supplemental Benefits, as follows: In compliance with the State of California Meyers-Milias Brown Act, the City has finally concluded its annual meet and confer sessions with the International Brotherhood of Police Officers (IBPO), the California State Fire Fighters Association, and the Teamsters. Consulting sessions were also held with repre- sentatives of the Police Supervisory Unit. We are pleased to report that Memorandums of Understanding have been reached with the various units, and copies will be forwarded to the Council upon finalization. The City's negotiating team headed by Gene Bell and his representative, Bill Avery, has been able to negotiate within the guidelines as established by the City Council in their last Executive Session. Cost to the City for all of the units falls within 5.2% total com- pensation, at a total cost of approximately $1,400,000. Negotiations with the various units were very difficult this year in that the City's financial position was not clarified until July. Meaning- ful negotiations did not take place until July and August, which is two months beyond the time that memorandums are normally achieved. We would like to once again compliment the City's management negotiating team as well as the various union representatives in finally arriving at a settlement without having to invoke an impasse procedure. As a result of many months of negotiations, the Governmental Efficiency and Personnel Committee is making the following recommendations for Council approval: POLICE UNIT A 5% salary increase retroactive to June 28, 1982, for permanent and probationary employees who are employed with the City on September l, 1982. Health and Welfare - No change in contribu- tion. City's coverage to be changed to $150 deductible with three family maximum. City to pledge $150,000 of health plan reserves. Monies withheld for present coverage during the month of August to be reimbursed to the employees. Bakersfield, California, September 1, 1982 - Page 4 441 4 o 2% @ 50 Retirement Actuarial Study - The City will request an actuarial study be done by the Public Employees Retirement System in regards to a 2% @ 50 Retirement Program. Results of said study will be made available to the Police Unit and within 45 days after completion, the City and union will begin to meet and confer regarding possible implementation; how- ever, if implemented, all costs will be paid for out of present salaries and fringe benefits or negotiated out of future years' agreements. Hazard Duty Pay - Hazard duty pay for Motorcycle Officers and Bomb Squad will be increased from $50 to $75 per month retro- active to July l, 1982. Stand-by Pay - Increase from $15 to $20 per eight-hour shift and retain all call back pay retroactive to June 28, 1982. Sick Leave Conversion 75% of annual un- used sick leave will be converted to vacation after the employee has reached the 120 days maximum sick leave accrual. Total Cost Police Unit - $301,000 FIRE UNIT A 5% salary increase retroactive to June 28, 1982, for permanent and probationary employees who are employed with the City on September 1, 1982. 2% @ 50 Retirement Actuarial Study - The City will request an actuarial study be done by the Public Employees Retirement System in regards to a 2% @ 50 Retirement Program. Results of said study will be made available to the Fire Unit and within 45 days after completion, the City and union will begin to meet and confer regarding possible implementation; however, if implemented, all costs will be paid for out of present salaries and fringe benefits or negotiated out of future years' agree- ments. Acting Pay - City agrees to pay for all time served in an acting capacity beyond one-half shift. Medical Insurance The City agrees to pay at the same level for Fire employees as all other City employees. This is an increase of $8.85 per month and will be effective retroactive to August 22, 1982. City's coverage to be changed to $150 deductible with three family maximum. City to pledge $150,000 of health plan reserves. The City will retain the $22 which was with- held from the employees' check for medical coverage during the month of August. 44'2 Bakersfield, California, September 1, 1982 - Page 5 o Uniform Allowance - Uniform allowance will be increased to $400 annually, however, during 1982 the City will pay $200 on September 2 and $175 prior to December 23, 1982. Total Cost Fire Unit - $180,600 POLICE SUPERVISORY A 5% salary increase retroactive to June 28, 1982. Health and Welfare - No change in contribu- tion. City's coverage to be changed to $150 deductible with three family maximum. City to pledge $150,000 of health plan reserves. Monies withheld for present coverage during the month of August to be reimbursed to the employees. Longevity Pay - Sergeants will receive 3% after four years of continuous service, an additional 3% after eight years continuous service, and an additional 3% after twelve years of service as a Sergeant. Effective December 27, 1982. Stand-by Pay - Increase from $15 to $20 per eight-hour shift and retain all call back pay retroactive to June 28, 1982. 2% @ 50 Retirement Actuarial Study - The City will request an actuarial study be done by the Public Employees Retirement System in regards to a 2% @ 50 Retirement Program. Results of said study will be made available to the Police Supervisors and within 45 days after completion, the City and Police Supervisors will consult regarding possible implementation; however, if implemented, all costs will be paid for out of present salaries and fringe benefits or negotiated out of future years' agree- ments. Total Cost Police Supervisory $55,350 FIRE SUPERVISORY A 5% salary increase retroactive to June 28, 1982. Health and Welfare - No change in contribu- tion. City's coverage to be changed to $150 deductible with three family maximum. City to pledge $150,000 of health plan reserves. Monies withheld for present coverage during the month of August to be reimbursed to the employees. Uniform Allowance - Increase uniform allowance to $400 annually, with $200 payable September 2 and $200 prior to December 23, 1982. Bakersfield, California, September l, 1982 - Page 6 443 o Compensatory Time - Fire Prevention personnel may accumulate compensatory time up to 60 hours. 2% @ 50 Retirement Actuarial Study - The City will request an actuarial study be done by the Public Employees Retirement System in regards to a 2% @ 50 Retirement Program. Results of said study will be made available to the Fire Supervisors and within 45 days after completion, the City and Fire Supervisors will begin to meet and confer regarding possible implementation; however, if implemented, all costs will be paid for out of present salaries and fringe benefits or negotiated out of future years' agreements. Total Cost Fire Supervisory $84,700 BLUE AND WHITE COLLAR UNIT The Council acted on the Blue and White Collar Unit settlements at its August 18, 1982 meeting, however, since the remaining units had not settled, the Governmental Efficiency and Personnel Committee is recommending that retro- active pay should be made effective to June 28, 1982. This additional cost would be $18,400. To further clarify the uniform allowance as recommended at the last Council Meeting, the $250 uniform allowance is for probationary and permanent employees as required by the Chief of Police. Temporary employees will remain at $150 per year. In order to implement these changes, the Govern- mental Efficiency and Personnel Committee is recommending Council approval of this report. The changes in the Salary Resolution and any ordinance changes will be forthcoming. Councilman Ratty expressed his dissatisfaction with this years' negotiations and stated he hopes there can be a little more give and take on both sides next year. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 8-82 regarding Salary and Supplemental Benefits, was accepted; and recommendations as out- lined in the report, were approved. Councilman Ratty voted in the negative on this motion. ADJOURNMENT There being no further business to come before the 444 Bakersfield, California, September 1, 1982 - Page 7 Council, upon a motion by Councilman Barton, the budget sessions were adjourned at 11:35 P.~{. MAYOR of Bakersfield, Calif. ATTEST: CITY CL~RK and/Ex O~ficio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, September 15, 1982 445 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., September 15, 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 Ratty, Rockoff, Strong, Barton Christensen, Means, Payne Absent: None. Minutes of the regular meeting o£ September l, 1982, and budget session of September 1, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Mel McCullough, Nickel Enterprises, 6200 Lake Ming Road, spoke to the Council regarding joining with the County of Kern to establish river user and parking fees. Mr. Sam Rudnick Jr., Rafting Concessionaire, spoke in support of Mr. McCullough's proposal for a joint effort by the City and County to establish river user and parking fees. Upon a motion by Councilman Barton, report from Mr. Mel McCullough was received, placed on file, and referred to the Inter-- governmental Committee for Study and Recommendation. Mr. Michael J. Callagy, and fellow Kiwanians of the Stock- dale West Kiwanis Club, requested Council's recognition and supporl~ for the Golden Empire Marathon to be held on November 7, 1982, for the purpose of uniting service. the community and raising funds for community CORRESPONDENCE Upon a motion by Councilman Ratty, communication from William A. and Gloria W. Berry, 1501 Longway Lane, Bakersfield, dated August 30, 1982, regarding unfairness of taxes for Maintenance District No. 2 - Amberton Park, was received and placed on file. Upon a motion by Councilman Rockoff, communication from Mrs. Audrey Cochran, 7901 Shetland Drive, Bakersfield, dated Septem- ber 14, 1982, regarding Warner Cable Television Service, was received and placed on file. 446 Bakersfield, California, September 15, 1982 - Page 2 COUNCIL STATEMENTS Councilman Christensen read a letter into the record addressed to Cox Cable Service from P.J. DeMond, 1104 Radcliffe Avenue, dated September l, 1982, regarding cable television service, as follows: September l, 1982 Cox Cable Service 1615 "V" Street Bakersfield, California 93301 Gentlemen: This letter concerns my total frustration over the terrible reception offered through your ser- vice during the past three months. Currently, we are unable to view HBO in the evening as the picture is past redemption. Anything above chan- nel 8 is very bad and the remaining channels leave much to be desired. We have called your service department on a regular basis during this period, although dur- ing the early going we either could not get through or no one answered the phone. This once caused us to go three days without any view- able picture. You are being paid for a service, but you are not furnishing same. In any other area of business this would not continue as a new supplier would be found. However, it is my understanding that if we want cable TV, your company is our only recourse. Hearing that you are attempting to improve service no longer suffices. What are you going to do about this situation? Very truly yours, P.J. DeMond 1104 Radcliffe Avenue Bakersfield, CA 93305 CC2 Councilman Christensen City of Bakersfield Council Members Mayor Mary K. Shell Councilman Christensen read a letter into the record addressed to himself from Stephen Walker, 3216 Idaho Street, dated September 7, 1982, regarding Cox Cable television service, as follows: Bakersfield, California, September 15, 1982 - Page 3 447 Stephen Walker 3216 Idaho St. Bakersfield, CA 93705 September 7, 1982 Councilman Christensen 1408 Radcliffe Avenue Bakersfield, CA 93305 Re: Cox Cable Bakersfield Dear Sir: Recently, Cox Cable decided to make some changes in their movie service. We were told by mail that as of September 1st that Home Box Office would no longer be available and in its place would be the "Spotlight" movie service. I would like to have expressed my views on this unrequested change and other areas of dissatisfaction concerning cable service directly to the Cox Cable office but for the past week and a half I have been unable to get through to their office by phone. Cox Cable did not ask me if I wished to drop HBO and start "Spotlight", they simply changed and started billing me for "Spotlight". If I wish to discontinue this unrequested service, I must take my converter to the cable office and wait an hour in line. It also appears that the movie times are set up for East Coast viewers in that from noon to about 5 p.m. they have scheduled basic family fare and from about 5 p.m. to early morning they have many "R" rated movies. HBO on the other hand would not schedule its showing of adult oriented movies until after 8 p.m. or later, a fact I appreciated as a parent. I attempted watching this "new" service ow~r the Labor Day weekend but was unable to do so.. The reception on the "Spotlight" channel and most of the extra cable channels was so poor as to be unwatchable. This was not the first time we have had poor recep- tion on the extra channels or the HBO/Spotlight channel and we have been considering dropping the movie and extra channels for that reason. On those rare times when I have been able to reach the cable office by phone I was told that the poor reception was due to work being performed in the area to upgrade the cable service. This would have been an acceptable excuse were it not for the fact that these extended periods of poor reception began occurring in late April and they still have not solved the problems. If we had any alternative to Cox Cable we would have switched because of the poor service. Thank you for hearing my views on the cable service. Sincerely, Stephen Walker 448 Bakersfield, California, September 15, 1982 - Page 4 In answer to a question from Councilman Christensen, about possible action by the Council to force the cable companies to act in a more responsible manner, City Attorney Oberholzer stated the possible choices are: reinstating the regulation of rates by Council; raise the franchise fee the company pays to the City; or remove the franchise from the company. Councilman Christensen made a motion that Staff inform and warn the cable companies of what their responsibilities are and possible actions that could be taken by Council if service is not upgraded. After a lengthy discussion, Councilman Christensen offered a substitute motion that the definition of areas of respon- sibility be referred to the Budget Review and Finance Committee, and then to Staff. Councilman Payne stated he the franchises from these companies. could not support removing It appears that by the response from Warner Cable and Cox Cable, they are making every reasonable effort to correct the problems that have been brought to their attention. When the franchises were issued, the City instructed both companies that it was the City's desire that every-- thing be done to expand services as rapidly as possible to as many potential users as possible. The City also included in the franchise contract that everything possible be done to keep up with the state of the art. Accomplishing those improvements, is going to cause some inconvenience to the subscribers. Mr. Howard Channell, General Manager of Cox Cable, stated that at a meeting held with the Budget Review and Finance Committe~ three months ago, Cox Cable agreed to do several things to improve service to their subscribers. All of those requirements have been met. A letter was sent to Councilman Rockoff three weeks ago, explaining that at that time all requirements had been met except the new office. Cox Cable has moved into a new office located at 2306 Brundage Lane, and has fourteen telephone lines into the new office with three lines still existing at the old office, for a Bakersfield, California, September 15, 1982 - Page 5 449 total of eighteen telephone lines. Mr. Channell stated his company is doing everything possible to solve its problems. Councilman Rockoff read a letter into the record, dated August 30, 1982, from Mr. Howard Charmell, General Manager, Cox Cable Bakersfield, as follows: Cox Cable Bakersfield 1615 "V" Street Bakersfield, CA 93301 August 30, 1982 Councilman, Arthur L. Rockoff 1501Truxtun Avenue Bakersfield, CA 93301 Dear Councilman Rockoff: It has been almost 60 days since our meeting with your committee in which we at Cox Cable Bakersfield outlined some changes we were going to make in order to improve the service to our customers. As reported in my letter to you on July 29, a number of the changes had already been implemented, (addi- tional phone lines, mailer, longer office hours, etc.). As stated in that report, we were negoti- ating a lease on a new office, that lease was signed on August l, however, because the phone company could not put in our new phone system at the new office until September 9, we have not been able to move. We will be moving the week-end of September 10, 11 and 12. When we move I think all of the changes listed in the letter of July 6 will have been accomplished with the exception of the busy study by the phone company. This has not been done because when we called the phone company to request it, they stated it would be over 2 weeks before they would be ready to even start the study, this date would have been well past the date we had to order our new phone system, therefore, we will do the busy study right after we move and based on the study we will make any changes in our phone service that is required to meet our customers' needs. We are continuing to man our repair and dispatch number from 8:30 AM to 7:00 PM every week day and will continue to do so until the rebuild is complete or longer if it is needed. We are receiving fewer calls in our office now than in the past 2 months and hope you and your committee are also receiving fewer. I believe this will continue to improve with the opening of the new office, the new phone system and the completion of the rebuild. The rebuild is still on schedule to be completed by the end of October. 450 Bakersfield, California, September 15, 1982 - Page 6 If you, your committee or any of the other Council- men have any questions, problems or additional recommendations, please contact me. Sincerely, Howard A. Channell, General Manager HAC/pp cc: W. D. Higginbotham, Assistant City Manager Upon a motion by Councilman Christensen, television service problems will be referred to the Budget Review and Finance Committee. Upon a motion by Councilman Barton, the problem of weed abatement and the current ordinance on weed abatement was referred to Water and City Growth Committee for study and recommendation. Upon a motion by Councilman Barton, the Mayor was requested to send a letter to the County Clerk on behalf of the Council request- ing the establishment of election boundaries for Improvement Distr~[ct Number 4. In answer to a question by Councilman Means regarding the Kern County Water Agency's Consultant's Study on the Zone of Benef:Lt No. i Tax, City Manager Kelmar stated that the City's Water Consult- ant, Mr. Tom Stetson, has received a copy of that~report. After reviewing the report, Mr. Stetson felt it is a good report and did not feel an analysis by the City is necessary. Mr. Stetson feels, if the Council desires to take a position in some manner before the Kern County Water Agency on the report, this is where work on his part should occur. Councilman Means made a motion that City Manager Kelmar be authorized to appear before the Kern County Water Agency during the hearings to present the Resolution previously adopted by Council stating, City residents do not wish to pay a water tax; and that Council concurs with the Study on the Zone of Benefit No. 1 Tax by the Consultant for the Kern County Water Agency; recommendations contained in that report; and City Attorney Oberholzer be included in the process to provide any legal advice necessary. Bakersfield, California, September 15, 1982 - Page 7 451 City Manager Kelmar stated there were other comments he wished to make in regard to Zone of Benefit No. 7 and would like the authority from the Council to make those comments at the hearings before the Kern County Water Agency. Councilman Means agreed to include in his motion the request made by City Manager Kelmar to make comments regarding Zone of Benefit No. 7. Councilman Payne stated he has concerns about the Council concurring with all recommendations contained in the Study on the Zone of Benefit No. i Tax. The Report is very complex and the total impact is not yet known. He stated he is concerned about how many small farmers will be put out of business as a result of a total abolition of the water tax. Councilman Payne stated he would like Councilman Means' motion to direct staff not make a statement of complete and total agreement with the recommendations contained in the report until the Kern County Water Agency receives input and can make an evalua- tion as a result of public hearings to determine the impact on local farmers. Councilman Means stated he could agree with Councilman to make a statement as to what extent the Council supports Mrs. procedures at to her appeal Verneda Pierce asked the Council questions regarding the Council Meeting of August 18, 1982, pertaining to the decision of the Planning Commission upholding Payne not the recommendations of the Study on the Zone of Benefit No. 1 Tax, until after public hearings to determine the impact on local farmers. Upon a motion by Councilman Means, City Manager Kelmar and City Attorney Oberholzer were authorized to appear before the Kern County Water Agency during the hearings regarding the Zone of Benefit No. i Tax, to present the Resolution previously adopted by Council stating, City residents do not wish to pay the water tax; and that Council concurs with the Study on the Zone of Benefit No. 1 Tax prepared by the Consultants for the Kern County Water Agency; and to some extent with the recommendations contained in that report. 45g Bakersfield, California, September 15, 1982 - Page 8 the decision of the Site Plan Review Committee granting application of Highland Towing Service to establish a storage yard for disabled vehicles for impoundment, located at the southeast corner of 3rd and "V" Streets, having a business address of 217 South Union Avenue. In response to Mrs. Pierce's questions, City Attorney Oberholzer stated the hearing that was to come before the City Council on August 18, 1982, was an appeal of a Site Plan Review. The use, a towing service, that was going to be put on that prop- erty at 3rd and "V" Streets, was inconsistent with the present zoning ordinance. The ordinance does not allow that use, consequently, the Site Plan Review and the appeal by Mrs. Pierce made to the Council, was a moot issue. The reason the hearing was cancelled, and the residents did not have an opportunity to speak was because there really was no issue upon which the City Council could make a decision. No matter what the decision, there would not be an impound yard going in on that property under the present defini- tions that are in our zoning ordinance. City Attorney Oberholzer further stated the issue before the Planning Commission on September 16, 1982, is a redefinition of "junkyard" pursuant to the Zoning Ordinance. The hearing to be held before the Planning Commission is to give the residents an opportunity to express their views with respect to the change in the present zoning ordinance to allow that kind of use within that particular zoned property. The ordinance will then come to the Council for adoption. The hearing before the Planning Commission on September 16, 1982 pertains to the overall City plan with respect to uses in an M-1 Zone. There is no way the City could give notice to every citizen in the City of Bakersfield. There was a Notice of Hearing advertised in the Bakersfield Californian. Mr. Gabriel Solomon, Attorney at Law, representing a group of residents of the Carnation Tract, spoke in opposition to any zoning ordinance which would allow a towing service in a M-1 Zone, and particularly at the southeast corner of 3rd and "V" Streets. Bakersfield, California, September 15, 1982 - Page 9 453 After lengthy discussion, Councilman Strong made a motion that Council rescind its action of August 18, 1982, refer- ring a proposed Ordinance regarding definition of "junkyard" pur- suant to the Zoning Ordinance, to the Planning Commission. This motion passed unanimously. Mayor Shell stated it has been brought to her attention there is available for rent in Bakersfield a video cassette called "Snuff", which is a filming of an actual killing of a human being or a very graphic or realistic depiction of a killing of a human being. Mayor Shell asked Council to consider adoption of an ordinance that would prohibit the sale or rental of video cassettes or films of actual or depicted killings of human beings in Bakers- field. City Attorney Oberholzer, in answer to a question by Councilman Rockoff, stated he would have to research the current State laws in regard to this subject. Upon a motion by Councilman Rockoff, City Attorney Ober- holzer was directed to investigate the possiblity of drafting an Emergency Ordinance to be 1982. Finance read at the Council Meeting of September 29, REPORTS Councilman Rockoff, Chairman of the Budget Review and Committee, read Report No. 27-82 regarding selection of Noise Element Consultant, as follows: State law requires that cities adopt Noise Elements as a part of their General Plans. Bakersfield adopted its present Noise Element in 1975. Since then, state regulations have changed and the City's Noise Element must be revised to comply with current law. Consequently, the City Council budgeted $20,000 to accomplish this, and authorized staff to send out request for proposals to experienced consulting firms in this field. Twenty requests for proposals were sent state-wide, and ten responses were received by the City. The committee invited the three most qualified firms to make personal presentations before the committee. These firms were J. J. Van Houten & Associates, Atlantis Scientific, and the Parry Company. 454 Bakersfield, California, September 15, 1982 - Page l0 Upon completion of the interviews the committee found the firm of J. J. Van Houten & Associates to be the most qualified. The committee's decis- ion was based on background, experience, style and cost. The Budget Review and Finance Committee therefore, recommends that the City Council contract with the firm of J. J. Van Routen & Associates at a cost of $14,790 and authorize the Mayor to execute. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 27-82, regarding Selection of Noise Element Consultant, was accepted; and recommendations as outlined in the report, were approved. Councilman Rockoff, Chairman of the Budget Review and Finance Committee read Report No. 28-82 regarding Methane Gas Recovery Project, as follows: Recently, the City Council received a report from this committee on a proposed system to recover methane gas at the landfill site. As recommended in the report, the City Council directed staff to develop a request for proposal (RFP) for a perma- nent landfill gas recovery system. Pursuant to the RFP, three proposals were received. City staff and County staff members reviewed the proposals and interviewed representatives from each firm. This committee has reviewed the proposals and resulting interviews with City staff and concurs with staff's recommendation to enter into a con- tract with Cambrian Energy Systems, Inc. for the proposed recovery project. Cambrian proposes to recover the methane gas for generation of electrical power. Therefore, this committee recommends the City Council authorize staff to negotiate a contract with Cambrian for the methane gas recovery project. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 28-82 regarding Methane Gas Recovery Project, was accepted; and recommendations as outlined in the report, were approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 789 to 1327, inclusive, in the amount of $908,673.66. (b) Claim for Damages from J. Nolan Shaffer, on behalf of David N. Shaffer, 108 Angell Street, Bakers- field. (Refer to City Attorney) Bakersfield, California, September 15, 1982 - Page ll 455 (c) (d) (e) (f) (g) (h) (i) (J) (k) Claim for Damages from Dean J. Miller, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Lazaroy Miller, Ola Mae Miller, and Roy Miller, 1010 Hacienda, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Barbara Chinn, 3725 Soranno #C, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Donald L. Unger, M.D., c/o Young, Wooldridge, Paulden, Self, Farr & Hugie, Attorneys at Law, 1675 Chester Avenue, Fourth Floor, Bakersfield. (Refer to City Attorney) Street Right-of-Way Deed from Rosedale Business Center, Ltd., and Kern Union High School District and a Sewer and Storm Drain Easement from Rosedale Business Center, Ltd., providing for dedi- cation o£ the public street extending south from Rosedale Highway and an ease- ment for sewer lines and storm drain pur- poses as required by the Planning Commis- sion for Parcel Map 6642, located south of Rosedale Highway, west of State Route 99. Street Right-of-Way Deed from J. T. Sanders, et al, providing for dedication of a property return as required for the development located on the southwest corner of 36th Street and "Q" Street. Maps of Tract Nos. 4420, Unit A; 4420, Unit B; 4421, Unit A; and Improvement Agreements with Highland Real Estate Corporation, for construction of improve- ments therein, located east and west of Panorama Drive at University Avenue. Map of Tract No. 4550 and Improvement Agreement with Tenneco Realty Develop- ment Corporation for construction of improvements therein located west of Manning Street, south of School House Road. Improvement Agreement for Parcel Map No. 6594, with Terry L. Moreland for the construction of improvements required by the Planning Commission with Parcel Map No. 6594, located between 40th Street and Columbus, and San Dimas and "Q" Street. Notice of Completion and Acceptance of work on the following projects: Construction and Modification of various Traffic Signal Systems (Coffee and Truxtun; New Stine and Wilson; Ming and Castro), Contract No. 82-20, with E. & S. Electrical Contractors. 45'6 Bakersfield, California, September 15, 1982 - Page 12 Parcel Map No. 5702, Contract No. 81-16, located north of Panama Lane and east of Stine Road, with Regional Mortgage Company. (m) Application for Encroachment Permit from Ralph Kemprud, owner of Tower Motel, 3215 Chester Avenue, Bakersfield, to locate private gas, water and underground elec- trical lines approximately six feet in the street right-of-way. (n) Application for Encroachment Permit from Gannon Enterprises, Inc., 4101 Union Avenue, Bakersfield for construction of decorative wrought iron fence and land- scaping behind sidewalk area encroaching six feet into the right-of-way on 19th, "G" and "H" Streets. (o) Plans and Specifications for resurfacing portions of Ming Avenue between Stine Road and Hughes Lane, between South "H" and South "P"; and South "H" Street between Ming Avenue and Belle Terrace. (P) Plans and Specifications for resurfacing portions of Christmas Tree Lane between Wenatchee and Columbus; Monterey Street between Alta Vista and Beale; Haley Street between Monterey and Quincy; and Freeway 178 and Columbus Street. (q) Plans and Specifications for Sludge Pump Relocation at Wastewater Treatment Plant 2. (r) Resolution of Intention No. 959 of the Council of the City of Bakersfield declar- ing its intention to order the vacation of a portion of McCall Avenue between Wible Road and State Route 99 in the City of Bakersfield. This Resolution of Intention sets the date of hearing for October 13, 1982. Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), and (r) of the Consent Calendar, were adopted by the follow- ing roll call vote: Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None. Absent: None. ACTION ON BIDS Upon a motion by Councilman Christensen, low bid of Bay- less Stationers, in the amount of $20,262.05, for annual contract for office supplies, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. 457 Bakersfield, California, September 15, 1982 - Page 13 Upon a motion by Councilman Payne, low bid of Hooper Air Conditioning, in the amount of $35,530.00, for Training Classroom for City of Bakersfield Fire Department, was accepted, all other bids rejected, the Mayor was authorized to execute the contract and Budget Transfer, in the amount of $5,830.00, 56-79200-693 to Account Number 55-79200-693, Upon a motion by Councilman Means, for the Base Bid, in the amount of $28,948, from Account Number was approved. low bid of J. L. Denio for Montclair Street Storm Drain, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Granite Construction, in the amount of $253,825, for resurfacing Elm Street, from 24th Street northerly; 21st Street, from Oak Street to "F" Street; and "F" Street, from Truxtun Avenue to 21st Street, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. As September 1, meetings Sessions DEFERRED BUSINESS Adoption of Ordinance No. 2778 New Series of the Council of the City of Bakersfield amending Section 2.04.010 of the Bakersfield Municipal Code relative to time and place of Council Meetings. per instructions of the City Council at the meeting of 1982, this Ordinance sets at 7:00 P.M.; Pre-Meetings at at 6:00 P.M. the time for regular Council 6:45 P.M.; and Workshop Upon a motion by Councilman Christensen, Ordinance No. 2778 New Series, amending Section 2.04.010 of the Bakersfield Municipal Code relative to time and place of Council Meetings, was adopted by the following roll call vote: Ayes Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes None. Absent: None. Bakersfield, California, September 15, 1982 - Page 14 Councilman Christensen stated, because Council has adopted a new policy whereby public hearings will be held on a different night than regular Council business, and in most cases he does not feel there will be a need to go beyond midnight, he made a motion that Council establish a policy to adjourn at 12:00 Midnight, unless there are unusual circumstances. Councilman Christensen explained an unusual circumstance as an earthquake, epidemic, or unusual proceedings. After further discussion, Councilman Christensen's motion to adopt a new policy whereby Council would adjourn at 12:00 Midnight, unless there ~vere unusual circumstances, carried by the following roll call vote: Ayes Councilmen Rockoff, Strong, Christensen, Means Noes Councilmen Ratty, Barton, Payne Absent: None. Adoption of Ordinance No. 2779 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 Re City of Bakers- field commonly known as 6800 Stockdale Highway, and making findings in connec- tion with a P.U.D. Zone. The application for this amendment was made by A1F. and would change subject property from a P.U.D. (Planned Unit Mayo Development) Zone to a revised P.U.D. (Planned Unit Development) Zone, consisting of 46 two-story condominium townhouses. The Planning Commission recommended approval of this amend- ment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2779 New Series, of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the land use zoning of that certain property in the City of Bakersfield, commonly known as 6800 Stockdale Highway, and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the follow- ing roll call vote: Bakersfield, California, September 15, 1982 - Page 459 Ayes Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes None. Absent: None. NEW BUSINESS First reading of an Ordinance of the Council of the City of Lakersfield amending Chapters 2.08, 2.72 and 2.84 of Title 2 of the Bakersfield Municipal Code relative to Administra- tion and Personnel. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapters 2.08, 2.72 and 2.84 of Title 2 of the Bakersfield Municipal Code relative to Administration and Personnel. Adoption of Resolution No. 102-82 of Application of the Council of the City of Bakersfield proposing Pro- ceedings for Annexation of Territory to the City of Bakersfield, Identified as Annexation No. 286 (Kern River No. 8) On July l, 1982, the Planning Commission recommended to the Council the adoption of a Resolution initiating annexation proceedings at the Local Agency Formation Commission for approxi- mately 141 acres of uninhabited territory east and west of the A.T. and S.F. Railroad primarily north of Truxtun Avenue to the Cross Valley Canal. erty. Upon a motion by Councilman Payne, Resolution No. 102-82 of Application of the Council of the City o£ Bakersfield proposing Proceedings for Annexation of Territory to the City of Bakersfield, identified as Annexation No. 286 (Kern River No. 8), was adopted and referred to the appropriate City Officials for submittal to LAFCO by the following roll call vote: Ayes Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None. The proposal includes 96.6 acres of City-owned prop-- Absent: None. 460 Bakersfield, California, September 15, 1982 - Page 16 Adoption of Resolution No. 103-82 of Application of the Council of the City of Bakersfield proposing Proceedings for Annexation of Territory to the City of Bakersfield, Identified as Annexa- tion No. 287 (Kern River No. 9) On July l, 1982, the Planning Commission recommended to the Council the adoption of a Resolution initiating annexation proceedings at the Local Agency Formation Commission for approxi- mately 18 acres of uninhabited territory owned by the City of Bakersfield, located 1800 feet east of Coffee Road and generally between the Kern River and the Cross Valley Canal. Upon a motion by Councilman Payne, Resolution No. 103-82 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. 287 (Kern River No. 9), was adopted and referred to the appropriate City Officials for submittal to LAFCO by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None. Absent: None. Adoption of Resolution No. 104-82 of Application of the Council of the City of Bakersfield proposing proceedings for Annexation of Territory to the City of Bakersfield, identified as Annexa- tion No. 284 (Kern City No. 2) On May 26, 1982, the City Council approved Resolution No. 56-82 for the annexation application known as Kern City No. 2 to the Local Agency Formation Commission (LAFCO). However, due to the expiration of the 30-day period allowed for the City of Bakers-- field and the County of Kern to resolve the future property tax distribution, the LAFCO officer has requested the City to resubmit the Kern City No. 2 Annexation application to LAFCO. Upon a motion by Councilman Payne, Resolution No. 104-82 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 (Kern City No. 2), was adopted and referred to the appropriate City officials for submittal to Bakersfield, California, September 15, 1982 - Page 17 461 LAFCO by the following roll Ayes: Councilmen Ratty, Means, Noes: None. Absent: None. call vote: Rockoff, Strong, Payne Barton, Christensen, Adoption of Resolution No. 105-82 of the Council of the City of Bakersfield amending the Kern County Federal Aid Urban Program for the Bakersfield Urbanized Area, City of Bakersfield. This Resolution provides for amending the Federal Aid Urban Program to include Pierce Road between 24th Street and Calloway Canal. This action is one of the steps necessary to obtain Federal Aid Urban funds for the reconstruction of Pierce Road between 24th Street and the Calloway Canal. This project is proposed for con- struction in the current fiscal year. Upon a motion by Councilman Rockoff, Resolution No. 105-82 of the Council of the City of Bakersfield amending the Kern County Federal Aid Urban Program for the Bakersfield Urbanized Area, City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None. Absent: None. Adoption of Resolution No. 106-82 of the Council of the City of Bakersfield fixing the dates of Meetings of the Council during the Months of October, November and December, 1982 and January, February and March, 1983. Upon a motion by of the Council of the City ings of the Council during Councilman Payne, Resolution No. 106-82 of Bakersfield fixing the dates of Meet- the Months of October, November and December, 1982 and January, February and March, 1983, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None. Absent: None. 462 Bakersfield, Cgli~Qrnia, September 15, 1982 - Page 18 Authorization granted to Community Development Staff to submit the Community Development Block Grant Grantee Performance Report 1981-82 to HUD for review. Pursuant to Section 104(d) of the Housing and Community Development Act of 1974, each jurisdiction receiving Community Development Block Grant funds must report to HUD on the progress of activities funded for the past program year. Upon a motion by Councilman Strong, Community Developmen't staff was authorized to submit Community Development Block Grant Grantee Performance Report for HUD review. HEARINGS This is the time set for public hearing, pursuant to Section 33679 of the California Community Development Law (Health and Safety Code Sections 33000 et. seq.), to consider the use of Tax Increments generated by the Redevelopment Agency, City of Bakersfield, for the purpose of paying all or part of the cost of installation and construction of additional storage facilities for the Bakersfield Civic Auditorium. This hearing has been duly advertised and posted as required by law. Mayor Shell declared the hearing open for public partici-- pation. No protests or objections being received, and no one wish- ing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. In response to a question by Councilman Rockoff, City Manager Kelmar stated the present storage facilities for the Civic Auditorium would be eliminated if the proposed hotel is built. Theice- fore, it would be necessary to replace those storage facilities. If the hotel is not built, the present storage facilities would remain the same. Upon a motion by Councilman Barton, Resolution No. 107-82 authorizing the use of Tax Increment Funds for Installation and Con-- struction of Storage Facilities for the Bakersfield Convention Center Bakersfield, California, September 15, 1982 - Page 19 463 (Civic Auditorium), Ayes: Councilmen Ratty, Noes Absent: None. was adopted by the following roll call vote: Rockoff, Strong, Barton, Christensen, Means, Payne None. This is the time set for public hearing before the Council of the City of Bakersfield for the purpose of receiving written and oral testimony regarding transit needs in the City of Bakersfield. This hearing has been duly advertised and posted as required by law. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received, and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Strong, Resolution No. 108-8:2 of the Council of the City of Bakersfield finding there are no unmeg public transportation needs which could be reasonably met, was adopted by the following roll call vote: Ayes Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes None. Absent: None. Upon a motion by Councilman Strong, Resolution No. 109-82 of the Council of the City of Bakersfield authorizing the filing of an application with the Kern County Council of cation of Transportation Development Act Funds was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None. Absent: None. This is the time set for public hearing on Resolution of Intention No. 956 of the Council of the City of Bakersfield declar- ing its intention to order the vacation of a 30' building setback Governments for allo-- for Fiscal Year 1982--83, 464 Bakersfield, California, September 15, 1982 - Page 20 easement along Chester Avenue between Wilson Road and Dorian Drive in the City of Bakersfield. This hearing has been duly posted. The application for this vacation of a 30' building set- back easement was submitted by Mr. Tommy Pascuzzo, Mr. Marvin Bales, and Mr. Glen Holt, 2519 South Chester Avenue. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received, and no one wish- ing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Barton, Resolution No. 110-82 of the Council of the City of Bakersfield ordering the vacation of a 30' building setback easement along Chester Avenue between Wilson Road and Dorian Drive in the City of Bakersfield, was adopted by the following roll call vote: Ayes CounciLmen Ratty, Rockoff, Strong, Barton, Christensen, Means Noes None. Absent: None. Abstaining: Councilman Payne This is the time set for public hearing on Resolution of Intention No. 957 of the Council of the City of Bakersfield declar- ing its intention to order the vacation of a Public Utility Easement within Block 1 of Tract 1472, north of 30th Street, between "F" Street and "H" Street, in the City of Bakersfield. This hearing has been duly advertised and posted. The application for this vacation of a Public Utility Easement was submitted by Clement/Milazzo/Walters/Elliott, Architects, 3200 21st Street, Suite 500. Mayor Shell declared the hearing open for public participa- tion. No protests or objections being received, and no one wish- ing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Bakersfield, California, September 15, 1982 - Page 21 465 Ayes: Noes: Absent: Upon a motion by Councilman Means, Resolution No. 111-82 of the Council of the City of Bakersfield ordering the vacation of a Public Utility Easement within Block 1 of Tract 1472, north of 30th Street, between "F" Street and "H" Street, in the City of Bakersfield, was adopted by the following roll call vote: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne None. None. This is the time set for public hearing on Resolution of Intention No. 958 of the Council of the City of Bakersfield declar- ing its intention to order the vacation of a portion of Brown Street between Monterey Street and Niles Street, in the City o£ Bakers£ield. This hearing has been duly posted. The applicant for this street vacation was submitted by Nash Brown Associates, 641 "H" Street. Mayor Shell declared the hearing open for public participa- tion. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Strong, Resolution No. 112-82 of the Council of the City of Bakersfield ordering the vacation of a portion of Brown Street between Monterey Street and Niles Street in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Means, Noes: None. Absent: None. Rockoff, Strong, Barton, Christensen, Payne ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christens the meeting was adjourned at M OR of~e City of Bakersfield ATTEST: CITY CLERK and~x O~ficio Clerk of the Council of the City of Bakersfield, California CW 466 Bakersfield, California, September 22, 1982 Minutes of a Joint Meeting of the Council of the City of Bakersfield, Bakersfield Redevelopment Agency and Golden Empire Transit District Board of Directors, held in the Council Chambers of City Hall at 7:00 P.M., September 22, 1982. The meeting was called to order by Mayor Shell, Agency Chairman Lewis and G.E.T. Board Chairman Binder, followed by the Pledge of Allegiance and a moment of silent prayer. The City Clerk called the roll of the Council as follows: Present: Mayor Shell. Councilmen Rockoff, Christensen, Payne, Ratty, Means (seated at 8:20 Absent: Councilmen Strong, Barton The City Clerk called the roll of the Agency as follows: Present: Agency Members Bilas, Lewis, Mooneyham, ~{oore, Richardson, Winer Absent: Agency ~]ember Clausen The City Clerk called the roll of the Board as follows: Present: Board Members Binder, Bovee, Carter, Hall Absent: Board Member Frazier OPENING REMARKS G.E.T. Board Chairman Rozella Binder stated the purpose of this meeting is to jointly discuss the transit concepts for the Downtown Bakersfield Area as submitted in the Barton-Aschman Associates, Inc., Report. The G.E.T. Board of Directors are present tonight to receive input on the Proposed Alternative Transit Development. The G.E.T. Board and staff need to leave this meeting tonight with a feeling of the direction they should take and the extent of cooperation they can expect from the City and Redevelop- ment Agency. This would be of immeasurable assistance to the G.E.T. Board in making the final decision. The Board does not expect a decision to be made tonight by the three participating entities, insofar as any particular transit site or facility is concerned. There are many areas of concern; such as, should the decision be made for a Chester Avenue or "K" Street transit way, the G.E.?. Bakersfield, California, September 22, 1982 - Page 2 4.67 Board would be interested in obtaining an agreement with the City for perpetual use of the transit way in order to ward off future problems. Maintenance would be another concern. The mechanics of a venture of this sort are complicated, however, it is recognized ~/ that we have a magnificent opportunity to make an outstanding, prideful and lasting addition to Bakersfield. It should be kept in mind that we are working under a pressure of time to apply for these funds or they will be lost. Everyone is going to have to work very quickly, with concentrated diligence in a joint effort, because time is of the essence. REPORT BY CITY MANAGER City Manager Kelmar stated he felt it was very important to have this joint meeting with everyone who will be involved with this activity participating and expressing their concerns and desires. The City finally has an opportunity to solve the downtown transit problems. A tool organization who has done and been very success£ul. is available and we have an excellent this type of work in many other places The City is finally at a point where, once and for all, the downtown transit problems can be solved. There is a certain amount of urgency in this matter, as far as the need to make some kind of decision or give the consultants some direction in the near future so the funds are not lost. If a decision cannot be made tonight, it may be necessary to meet again in the near future. The staff met with the Board of the Downtown Business Association and presented the proposed concepts and they have had a number of meetings with property owners and businessmen on Chester Avenue. Staff has some concerns with traffic and, hopefully, they can be pointed out tonight. CONSULTANT'S REPORT Mr. Bob Scales, representing Barton-Aschman Associates, Inc., Consultants for the Bakersfield Downtown Transit Facility, stated one thing that is absolutely essential to a Downtown Transit 468 Bakersfield, California, September 22, 1982 - Page 3 Facility, whether on- or off-street, is that the Council, Redevelop- ment Agency, Transit Agency and downtown people all work as a co- hesive unit that pulls together for the project, because only in that manner will the maximum opportunities be gained that this project presents. During the two months that Barton-Aschman have been working on this project a lot of input has been gathered from downtown merchants, G.E.T. Board, staff members and Redevelopment Agency members. With the aid of slides, Mr. Scales reviewed the Downtown Transit Facility Development and Comparison Alternatives and outlined some of the problems in the downtown area with the present transit system. The transit facility options developed by Barton-Aschman were as follows: 1. Minimum improvements. 2. Chester Avenue, between 17th and 20th Streets (on-street). Widening sidewalks, landscaping and narrowing the roadway by approximately 16 feet. Remove the curb parking lanes and convert into sidewalk space. Buses would stop along a larger number of curb spaces than they now do, thereby spreading out passengers. This concept represents a 6 lane cross section on Chester Avenue, as opposed to the 8 lanes now in existence, with the additional space being given to sidewalks. The negative aspect of this concept is that the auto carrying capacity would be decreased from 6 to 4 lanes. At the present time this is an acceptable level of service, but sometime in the future, with increased traffic volumes, the additional cars will have to go somewhere else. "H" Street has been suggested for a grade separation at the railroad tracks. Chester Avenue, between l?th and 20th Streets (on-street). Sidewalks would be knuckled out at the cross streets so that an additional 10 feet on each side of the street would become sidewalk. The street would be narrowed from 85 feet to 46 feet. The dimensions, which tend to inhibit pedestrians from crossing the street, would be cut in half and, hopefully, unify one side of the street to the next. Bakersfield, California, September 22, 1982 Page 4 469 On the two Chester Avenue alternatives the City would lose 40 parking spaces on one and 25 on the other. Full transit mall located on "K" Street (on-street). Sidewalks would be widened from the existing 15 feet to 23 feet and parking removed on "K" Street. The City would lose approximately 91 parking spaces. In order to accommodate the number of necessary buses into this facility, four blocks would be required instead of the three mentioned for Chester Avenue. The basic design would have travel way for buses, with three lanes, with the center lane alternating from one side to the other to permit buses to bypass one another. Sidewalks would be widened with amenities; such as, wall planters, shade, etc., added and it would become more of a pedestrian space. No automobiles would be permitted to use the facility. o Off-Street Facility to handle 12-14 buses. Buses would circulate around the central concourse area with individual parking spaces. The waiting area can be a relatively clean design with concessions and air-con- ditioned space for the passengers. Transfer distance from one bus to another would be substantially reduced. The prime location for this facility would be west of Chester Avenue, between 21st and 22nd Streets. East of Chester Avenue has also been suggested as an alternate location. Three different options could be utilized for this facility: Half block £acility using a central con- course area where 8 buses could circle around, with parking for 4 buses. The entire block could be used and have buses circle around the entire block, off the street right-of-way. Left-hand design £or the parking lot behind City Hall, however, G.E.T. has indicated that this is not the best location from their perspective. It would, however, tie into the potential multi-mod~l terminal if it was located south o~ the railroad tracks. ° Transit park, whereby, the entire block would be converted into a downtown park. Buses would park around three sides of the park, with no parking on Chester Avenue. a 47O Bakersfield, California, September 22, 1982 - Page 5 Barton-Aschman looked at potential sites for a ground transportation center, or a multi-mod~l center, for Downtown Bakersfield to serve Greyhound, Trailways, Orange Stages, air- porters, Amtrak, etc. Floor plans for this type of facility utilizes a great portion of the ground floor for bus operations, with a portion set aside for other nontransportation uses to integrate the facility for above ground development. The sites that were investigated were: 1. Two block area west of Chester Avenue, between 22nd and 23rd Streets. Functionally this site works very well with respect to inter-City bus carriers, but would not serve Amtrak. Their economic analysis shows less potential for joint development than the other site. 2. Two block area behind the Kern County Sheriff's Office, south of the railroad tracks. This site seems right for a bus terminal and would also serve Amtrak. A prime potential tenant would be the State, with approximately 40,000 square feet of office space. Mr. Scales further stated the Urban Mass Transit Agency (U.M.T.A.), will participate in a on- or off-street transit facility project up to a maximum of 80% of the cost. Funds have been allocated to Bakersfield to enable a facility such as the alterna- tives that have been proposed. There is still between 20% to 40% that would have to be funded locally. GENERAL DISCUSSION In answer to a question by Councilman Ratty, Mr. Scales stated they estimate the maintenance cost to be $50,000 per year. Most cities, who have implemented transit malls or ways, have devised a Mall Maintenance District, the cost of which can be totally borne by the Transit Agency, split between the City and Transit Agency, or split between the City, Transit Agency and downtown business community. Councilman Rockoff expressed his concern about transients and vagrants using an on-street facility and stated he is leaning towards some type of structure or building. Bakersfield, California, September 22, 1982 - Page 6 47.1 Councilman Christensen stated, from what he now knows, he favors an off-street facility with parking and a building. He also feels the downtown businessmen and G.E.T. people should have a tremendous amount of input on this proposal. Agency Member Bilas stated he is intrigued by the Chestel. Avenue Transit Mall and thinks it would be beautiful. He would be interested in hearing from the businessmen on Chester Avenue as to how they feel about it. One of the premises on which the Redevelop- ment Agency works is to redevelop downtown to the benefit of the community as a whole, particularly business firms. If Chester Avenue is literally "roped off" will it do anything except create a beautiful area with no business. Mr. Sherman Gross, representing the Downtown Business Association, stated they are totally against a bus system on Chester Avenue, because 25-40 parking spaces would be lost, plus one traffic lane in each direction and it would not be feasible to make left-turns from Chester Avenue onto 18th or 20th Streets. Chester Avenue is a major arterial and probably always will be. The Downtown Business Association is in favor of a downtown off- street parking structure. They feel the proposed bus system on Chester Avenue will create a 3 block blight area, rather than being confined to the present 1 block area. Bakersfield is very hot in the summer and passengers would appreciate some type of terminal. Action should be taken now. Agency Member Moore stated in a meeting held last week the Redevelopment Agency's Development Committee reviewed the di£ferent options available and they were advised that the Downtown Business Association was looking strongly at the Chester Avenue proposal. Mr. Gross stated the majority of the merchants feel an off-street structure is the ideal situation. In answer to a question by Agency Member Moore, Mr. Gross stated that the position 47'2 Bakersfield, California, September 22, 1982 - Page 7 Association. needed. The involved. he previously stated represents unanimity of the Downtown Business Their position is that an off-street structure is location will have to be decided by the agencies Agency Member Moore stated the Economic Development, Transportation and Governmental Review Committees of the Chamber of Commerce are studying this matter and will be meeting jointly, this Friday with Mr. Scales and representatives of Barton-Aschman, in hopes of coming before the Council, Redevelopment Agency and G.E.T. with a recommendation. Mr. Leon Rolnick, Downtown Businessman, stated he has been a member of the Downtown Business Association for a long time and he was not polled about his feelings in this matter. Mr. Marvin Lipco, downtown property owner and Past President of the Downtown Business Association, stated the Downtown. Business Association'sbiggest concern was that, should the plan using Chester Avenue as a bus terminal be chosen, the parking would be lost and replacement parking is not being planned to compensate for it. Nothing has been said, tonight, regarding plans to alleviate the immediate problems downtown and they want those tackled also. Director of Public Works Hawley stated the circulation map shows Chester Avenue, "H" Street, "L" Street and "Q" Street as the major north-south arterials serving the downtown area. Unfortunately, Chester Avenue is the only street that is served by grade separations at the railroad tracks. Chester Avenue has been improved over the years to the present 6 lanes, from Ming Avenue on the south to the Kern River on the north, with the exception of a small section at the Garces Traffic Circle. The City has a program to improve the Garces Traffic Circle within the next couple years. The previous studies that have been made, that considered the circulation in the downtown area, show Chester Avenue as being 6 lanes, from Union Avenue on the south to north of Oildale. Bakersf±eld, Cal±£orn±a, September 22, 1982 - Page 8 The present traffic is 27,000 vehicles per day and the "Year 2000 Pedestrians," indicated 40,000 vehicles per day. The present level of service for Chester Avenue, as defined by Traffic Engineers, is Level "C", which is what most people would expect in a major streel; in the downtown area. If 2 lanes are removed from Chester Avenue, it would decrease the present level to something lower, unless there were other alternatives provided to take care of the traffic; such as, making "H" and "L" Streets more desirable. Some of the existing traffic, and anticipated future traffic along Chester Avenue, could be shifted to those streets. If there are any improvements along Chester Avenue that decreases the number of travel lanes or level of service, the entire picture will have to be looked at to provide an alternative; such as "H" or "L" Streets, especially a grade separation on "H" Street at the railroad tracks. Also, through the transit mall area it would be necessary to restrict turning move- ments off Chester Avenue or a modification from the plan so the buses would set back further from the intersections. Mr. Hawley stated he did not think it would have a great effect on California Avenue or Freeway 178, but he is concerned about the north-south streets that were mentioned. Agency Chairman Lewis requested a letter of official stand from the Downtown Business Association. Mr. Lewis asked G.E.T. Board Chairman the amount of funds committed by the Federal Government. Board Chairman Binder stated the funds are not absolutely guaranteed for this project. They must be applied for by a certain date. They have been set aside, but are not guaranteed. Mr. Ivo Keyset, General Manager of G.E.T., stated the funds being applied for are approximately $4,000,000. The Urban Mass Transit Agency ordinarily funds 80% of capital projects. G.E.T. is making the assumption that they will fund 80% of the transit terminal. 474 Bakersfield, California, September 22, 1982 - Page 9 In answer to a question from Agency Chairman Lewis, City Manager Kelmar stated G.E.T. is hoping for some type of direction, so they can make a decision and the consultants can do the necessary work to file the application for funds. Mr. Scales stated he does not believe a decision should be made until the feelings of the downtown property owners and businessmen are known. City Manager Kelmar stated he wants to assure everyone that the City is not sweeping the parking problems under the rug. The Redevelopment Agency's Parking Committee has been dealing with that issue. The Agency will be making certain recommendations, at next Tuesday's meeting, in regard to the hiring of consultants, both for design and bonding, for the parking lot at the northwest corner of 18th and Eye Streets. The Downtown Business Association is con- cluding their money raising effort for that particular lot. In the very near future a parking structure will be erected on that lot. In addition, the Parking Committee also has under consideration the possibility of a parking structure at 18th and "K" Streets. Meetings are planned with property owners who will give serious consideration to the rehabilitation of their buildings, if there is adequate parking. Agency Member Richardson stated he feels a plan for the organized redevelopment of the downtown area is needed and making decisions at the last minute is not the way it should be done. By this time the City should have several alternative locations and a traffic pattern for this terminal. Mr. Jimmy Sorenson asked for the locations of the proposed bus terminal alternatives and suggested that teenagers be hired to clean up the downtown area. Agency Member Moore recommended that the subcommittees of the City Council, Redevelopment Agency and G.E.T. meet with the various organizations for their input, study the matter and another joint meeting be held in two weeks. Bakersfield, California, September 22, 1982 - Page 10 475 Councilman Ratty stated he is in favor of the Chester Avenue option. If $3,000,000 is going to be spent, it should have an impact on the City and hiding a little building on 24th Street will not make an impression on the downtown area. He felt the problem of the loss of parking spaces could be solved. Ms. Laura Heath, Associate of a downtown £irm, stated parking and the blight on 19th Street and Chester Avenue are the two main problems downtown. For the City to grow and prosper funds are needed from the citizens, and in order to grow the blight problem will have to be solved. In order to stimulate sales the downtown business district needs to be cleaned up and parking spaces provided. Women will not go shopping downtown with the present situation, because they do not feel safe. Ms. Heath stated she feels the terminal should be off the street, because Chester Avenue is a main arterial. Agency Member Mooneyham stated, at this time, he favors the off-street facility, but he is interested in obtaining a better consensus of the downtown businessmen. Councilman Payne stated he favors the off-street facility, at this particular time. He feels the only logical site for the multi-modal terminal is south of the railroad tracks behind the County Courthouse. If a multi-modal terminal cannot be constructed, then the only logical location for the terminal would be on "K" Street, because that is the direction of growth and redevelopment downtown. Upon a motion by Agency Member Moore, seconded by Agency Member Bilas, the Redevelopment Agency voted that the matter of a transportation terminal for the downtown area be reviewed in depth by the subcommittees of the City Council, Redevelopment Agency, G.E.T., Downtown Business Association, Chamber of Commerce and Kern COG, and another joint meeting be held two weeks from tonight or possibly on Tuesday, October 5, 1982. 476 Bakersfield, California, September 22, 1982 - Page Councilman Payne made a motion transportation terminal for the downtown by the subcommittees of the City Council, that the matter of a area be reviewed in depth Redevelopment Agency, G.E.T., Downtown Business Association, Chamber of Commerce and Kern COG, and another joint meeting be he~d within two weeks. G.E.T. Board Member Bovee stated G.E.T. cannot wait two weeks for a decision. They must make the application by November 1st, and a decision should be made by the various organizations by next week. Mr. Scales suggested that a group visit U.M.T.A. and express the fact that significant progress is being made on the resolution of this issue and submit, to them, the minutes of this meeting, preliminary report and final report. If it can be demon- strated to U.M.T.A. that a decision will be made within a certain time frame the funding cycle will probably not be missed. He is not suggesting that the decision be put off until December or January. It is just that this decision is so important that it should not be rushed into. At the suggestion of City Manager Kelmar, Councilman Payne included in his motion the date of September 30, 1982, for the next joint meeting. Councilman Means stated September 30th is in conflict with the Kern County Association of Cities Meeting, and suggested that a time certain not be set for the joint meeting, because that could be worked out later. Councilman Payne stated he would remove the date of September 30th and go back to his original motion that the joint meeting be held as soon as possible. Councilman Payne's motion that the matter of a trans- portation terminal for the downtown area be reviewed in depth by the subcommittees of the City Council, Redevelopment Agency, G.E.T., Downtown Business Association, Chamber of Commerce and Kern COG, and another joint meeting be held within two weeks, was unanimously approved. Bakersfield, California, September 22, 1982 - Page 12 477 transit way is selected, a store-front or purchased to provide an information facilities. Agency Chairm~n Lewis polled members as to what type Bilas - Lewis - Mooneyham - Mr. Brent Casper stated an off-street facility would provide public restrooms, which cannot be provided on Chester Avenue. Mr. Scales stated, if a Chester Avenue or "K" Street property would be leased center and public restroom Moore of Off-Street. Off-Street. Off-Street, with more input the community. Abstained because there are many unanswered questions and many people who have not been heard from. the Redevelopment Agency facility they prefer, as follows: Richardson - Off-Street. Winer - Chester Avenue. Mayor Shell polled the Council members of facility they prefer, as follows: held on Payne Ratty from too too as to what type - Mayor Shell stated Councilman Payne previously stated Off-Street. - Mayor Shell stated Councilman Ratty previously stated Chester Avenue. Christensen - Off-Street. Rockoff - Off-Street. Means - Off-Street. City Manager Kelmar suggested Tuesday, October 5, 1982. that the joint meeting be G.E.T. Board regarding meeting at 7:00 P.M. on Tuesday, 1982, and everyone indicated they could attend at that before Mayor Shell polled the Council, Redevelopment Agency and October 5, time. ADJOURNMENT Upon a motion by Councilman Christensen, joint meeting the Council, Redevelopment Agency and G.E.T. Board of 478 Bakersfield, California, September 22, 1982 - Page 13 Directors regarding transit concepts for the Downtown Bakersfield Area, was adjourned at 9:30 P.M. Upon a motion by Agency Chairman Lewis, seconded by Agency Member Mooneyham, joint meeting before the Council, Redevelop- ment Agency and G.E.T. Board of Directors regarding transit concepts for the Downtown Bakersfield Area, was adjourned at 9:30 P.M. Upon a motion by G.E.T. Board Member Carter, seconded by G.E.T. Board Member Bovee, joint meeting before the Council Redevelopment Agency and G.E.T. Board of Directors regarding transit concepts for the Downtown Bakersfield Area, was adjourned at 9:30 P.M. ATTEST: )R of ty City of~Bakersfield, Calif. CITY CLERK and E~ Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, September 29, 1982 479 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., September 29, 1982. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance and a minute of silent prayer. Present: Absent: followed The City Clerk called the roll as follows: Mayor Shell. Councilmen Strong, Barton. Christensen, Payne, Ratty, Rockoff Councilman Means Minutes of the regular meeting of September 15, 1982, 1982, and correction to minutes of regular meeting of August 18, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mrs. Vivian Velasco, 2621 Cedar Street, stated her son, who attends Franklin School, was struck by a vehicle while crossing Truxtun Avenue at "A" Street. He was not injured, but is very frightened about crossing that street. Mrs. Velasco requested hiring a crossing guard, installation of a traffic signal or some- thing that would help the children cross safely. There are 28 children who cross that street with no help. According to Traffic Engineer Jerry Hahs, it is mathematically feasible for someone to cross that street. She watches each morning and the cars zoom past that intersection. Sometimes Policemen have as many as 10 cars, at one time, pulled over and issue citations. Public Works Director ttawley read a memorandum from Traffic Engineer Jerry Hahs, dated September 29, 1982, regarding Update of Traffic Studies at the Intersection of Truxtun Avenue and "A" Street, as follows: Investigations have been made to determine the needs for adult crossing guards and additional traffic control devices at the intersection of Truxtun Avenue and "A" Street, due to Bakers- field City School District's request. School records indicate that 23 students may be expected to cross Truxtun Avenue going to and from school. From ten to thirteen elementary 480 Bakersfield, California, September 29, 1982 - Page 2 following school students were observed crossing Truxtun Avenue going to and from school during study periods. Vehicular traffic volumes are sufficiently light to provide gaps in traffic allowing students to cross the street safely. Using Institute of Transportation Engineers (ITE), recommended practice methods for deter- mining need for control at school crossings and Caltrans Traffic Manual warrants for stop signs and other devices, it was determined that additional control is not needed at this time. The results of the study have been discussed with Mr. George Palmer, Bakersfield City School District Assistant Superintendent, and Mr. Dennis Patrick, Franklin School Principal. They are going to contact Bakersfield Police Department to request training assistance from the School Safety Officer. Lt. Middleton, Bakersfield Police Department's Traffic Division, concurs with recommendations of this report. It is recommended that additional controls not be considered at this time and surveillance of this intersection be continued to determine traffic changes. Mrs. Pam Cochran, resident of Truxtun Avenue, read the prepared statement: As a parent of two children attending Franklin Elementary School on Truxtun Avenue, I am here tonight because of a grave concern I have for the safety of my children and approximately 20 other children crossing Truxtun Avenue to get to and from school. I'm sure you are fully aware of the dramatic increase in traffic on Truxtun Avenue since the completion of the extension at Oak Street. I have been advised by the City Public Works Department that over 9,050 vehicles per day are using Truxtun Avenue at this time. Last year at this time there were between 2,000 to 3,000 vehicles, so it has more than doubled. That figure is accurate, because it was checked today with the Traffic Engineer. The other day there were two separate accidents within hours of each other involving a vehicle hitting some- one on a bicycle in front of my house on Truxtun Avenue. I feel and hope you do also, that this street is far too busy now to be safe for children crossing it alone. I am told that someone has been taking count of children walking to school and they have only come up with 8 children. The school says at least 20 children live where they have to cross Truxtun Avenue. I like many parents drive my children to school, so that these children may not be counted but nevertheless they do have to walk home. Bakersfield, California, September 29, 1982 - Page 3 481 I have sat in my car for the last three weeks and watched as Traffic Officers, using their radar, issue tickets to many speeding cars. They have pulled over at least 20 cars a morning from 8:15 - 8:45. The first 2 mornings of school I saw as many as 6 cars at a time pulled over right in front of the school, in a 25 mph zone. I talked to the Police Department to inquire just how many citations had been issued. Sergeant Ragusa said that information was not available, but he did mention to me that when he's driving down Truxtun Avenue early in the morning the sun is in his eyes and he can hardly see. He felt that it would be difficult to see pedestrians walking across the street. I'm hoping you are already reviewing this situation and sincerely hope it will be possible to place a crossing guard or crosswalk on Truxtun Avenue as soon as possible. Public Works Director Hawley suggested that a meeting be held between the Police Department's Safety Officer, Franklin School Principal and concerned citizens to discuss the situation and try to find a solution. Police Chief Price stated the Safety Officer works with all grammar schools and some junior high schools throughout the school year to establish safe routes, walking safety, dangerous strangers and bicycle safety. They do not act as crossing guards, because of lack of time. The Police Department would be happy to send the Safety Officer to Franklin School to meet with the children for instruction. CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from the Camellia Society of Kern County, dated September 17, 1982, urging the Council to select the Camellia as the Official City Flower, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Christensen, communication from Gannon Enterprises, Inc., dated September 21, 1982, requesting' that the City lease them property located in Beach Park and remove the restriction that the property must be used for recreational Bakersfield, California, September 29, 1982 - Page 4 purposes only, was received and referred to the Auditorium- Recreation Committee for study and recommendation. Upon a motion by Councilman Christensen, communication from the Kern County Property Management Department, dated September 20, 1982, regarding proposed release of Deed Restriction on property located in Beach Park, was received and referred to the Auditorium-Recreation Committee for study and recommendation. Upon a motion by Councilman Strong, communication from Roland S. Woodruff, Attorney for the Greater Bakersfield Separation of Grade District, dated September 23, 1982, regarding Proposed Union Avenue Grade Separation Project, was received and referred to the Intergovernmental Relations Committee. Upon a motion by Councilman Christensen, communication from Gannon Enterprises, Inc., dated September 21, 1982, proposing the creation of an Historical Square in the area of 19th and "G" Street, was received and referred to staff. Upon a motion by Councilman Strong, communication from Carnation, 5045 Wilshire Boulevard, Los Angeles, California, dated September 23, 1982, regarding Carnation Company-Highland Towing Service Lease, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication from The Penstar Group, 1991 North Gateway Boulevard, Fresno, California, dated September 23, 1982, regarding Proposed 274 Unit Apartment Complex and 300 Unit Apartment Complex in Southwest and Northeast Bakersfield respectively, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Rockoff, communication from Bakersfield S.P.C.A., dated August 27, 1982, regarding citing animal owners under current Municipal Code Sections, was received and referred to the Budget Review and Finance Committee. COUNCIL STATEMENTS Councilman Rockoff read a letter he received from Warner Amex Cable Communications, Inc., as follows: Bakersfield, California, September 29, 1982 - Page 5 483 September 21, 1982 Councilman Arthur L. Rockoff, Chairman Budget Review and Finance Committee City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Dear Councilman Rockoff: In recognition of the City Council's decision of 15 September 1982 to refer the matter of "TV complaints" to your committee for review and recommendations, let me assure you that we will cooperate in any and all reasonable ways in supplying you with any information, comments, tours of our facilities, recommendations, etc., which you may desire while considering this matter. In fact, I would like very much to meet with your committee at your earliest con- venience to discuss this situation, and the standards and methods we employ in our attempts to provide the best customer service possible. I would be particularly delighted if this assignment for your committee resulted in at least one important recommendation. Specifi- cally, I refer to development of an effective receipt/distribution/follow-up procedure by the City to deal, on a day-to-day basis, with any complaints received that refer to cable television. I am interested in the development of such a process and the active, cooperative involvement of all parties concerned for two principal reasons: To insure that any complaints received are transmitted to the responsible operator for timely action, and that notification be automatically provided to the City as to the outcome of such action. The proper attribution of all complaints received is critical. Recent conversations with several officials of the City made it quite clear to me that some official parties are confused as to the actual source(s) of complaints, and subsequent follow-up. Again, I would like very much to discuss this matter with you and your committee, along with any other matters you may choose. I hope to hear from you soon. Sincerely, Christopher B. Forgy General Manager Upon a motion by Councilman Rockoff, letter from Warner Amex Cable Communications, Inc., dated September 21, 1982, was received and ordered placed on file. 484 Bakersfield, California, September 29, 1982 - Page 6 Councilman Rockoff, referring to a memorandum from Assistant City Manager-Finance Higginbotham regarding Estimated Contingency Tax Liability o£ June 30, 1982, stated he is always concerned when the City has a contingency liability of this magnitude (almost $1,500,000), and asked what the City is doing, what can be done and what is being provided should this become a reality. City Manager Kelmar stated this liability results from lawsuits brought against the County by the Independent Oil Producers. The first court decision was in favor of the County, which will probably be appealed. This will be a lengthy process and the City should have plenty of warning in order to plan for it. The City has available a cash basis reserve, which under emergency situatior~s can be used. The other option would be to reserve funds on an annual basis. Councilman Rockoff suggested that this be considered during the next budget hearings in order to provide some funds for a contingency. Councilman Christensen stated he provided each Council- man with a sample ordinance restricting smoking in public buildings and requested that they read it as he plans to ask for a vote on it at a later date. Mayor Shell asked for and received approval for the City to dedicate two redwood trees at the time the Mayor and delegation from our Sister City, Wakayama, Japan, are in Bakersfield. REPORTS Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 29-82 regarding Request of Panama Union School District, as follows: Recently, the City Council received a request from the Panama Union School District to adopt an ordinance in compliance with Senate Bill 201. The ordinance authorizes the City Council to require dedication of land or fees, or both, by subdividers and builders who desire to Bakersfield, California, September 29, 1982 - Page 7 485 construct new housing developments in school districts which are determined to be over- crowded. The City Council referred the matter to the Budget Review and Finance Committee for study and recommendation. This Committee has met with members of the staff and officials and staff members from the Panama School District. During our meetings, we dis- cussed the matter at length including the over- crowded conditions of the Panama School District and documents they furnished supporting their findings, the necessity of the City Council to enact an ordinance for the purpose of relieving the overcrowded conditions, and heard input and suggestions from various builders and developers. Pursuant to our discussions, it was concluded by all those present at the meetings that over- crowding conditions did exist in the Panama School District and that all reasonable means of mitigating the overcrowding had been con- sidered. It was further noted that continued residential development will increase the student population of overcrowded school districts, thereby intensifying such conditions of overcrowding. The proposed ordinance pro- vides the tool necessary for the implementation of fees on residential development to provide a method of financing interim school facilities. The proposed ordinance includes provisions for the City Council to adopt a resolution setting forth the fees imposed upon residential develop- ment. Prior to adoption of the resolution, the City Council must hold a public hearing on the proposed fees. Therefore, this Committee recommends the City Council adopt the ordinance implementing the provisions of Section 65970 of the California Government Code. Further, this Committee recommends that the public hearing and adoption of the resolution setting forth the fees not be adopted until such time as the County of Kern adopts a similar resolution for the Panama School District and sets fees for the relieving of overcrowding conditions in that portion of the school district in the County of Kern and outside the City Limits. Councilman Christensen asked what portion of the Panama School District is in the County and what portion in the City. Mr. Bill Williams, Superintendent of Panama School District, stated the portion north of Panama Lane is in the City, comprising approximately 85% to 90% of the student population. The portion south of Panama Lane is in the County. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 29-82 regarding Request of Panama Bakersfield, California, September 29, 1982 - Page 8 Union School District, was accepted; and recommendations as out- lined in the report, were approved, as per the following roll call vote on Ordinance No. 2780. Adoption of Emergency Ordinance No. 2780 New Series of the Council of the City of Bakersfield adding Chapter 15.70 to Title 15 of the Bakersfield Municipal Code relative to School Facilities. Upon a motion by Councilman Rockoff, Emergency Ordinance No. 2780 New Series of the Council of the City of Bakersfield adding Chapter 15.70 to Title 15 of the Bakersfield Municipal Code relative to School Facilities, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Noes: None Absent: Councilman Means Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 7-82 regarding Historic Preservation Commission Ordinance, as follows: On September 10, 1982, the proposed ttistoric Preservation Ordinance was reviewed by this Committee. Based on correspondence received regarding this issue, the Committee invited representatives of the Bakersfield Board of Realtors and the Greater Bakersfield Chamber of Commerce to a meeting in order to discuss specific issues. It was determined that during the past four months, a number of informational presentations were made to local groups. These groups in- cluded the Chamber of Commerce, the Board of Realtors and the Kern County Historic Society Executive Board. In addition, the Redevelop- ment Agency reviewed the ordinance and recom- mended its adoption to the Council. The Board of Realtors and the Chamber of Commerce both raised several issues relative to the protection of property rights and what they perceive to be a potential undermining of these rights in language contained in the original draft of the proposed ordinance. Another suggestion was made by the Board of Realtors to include a member of the realtor community on the Commission. Still another Bakers£ield, California, September 29, 1982 - Page 9 4S7 issue raised by several other groups was in relation to the appointment process. It was suggested that the responsibility for appoint- ments should remain in the hands of the various Council members making the original appoint- ments. They were of the opinion that this change would insure a more balanced represen- tation on the Commission. These recommended changes have been incorporated into the amended ordinance, and based upon comments received from both the Board of Realtors and the Chamber of Commerce, these changes adequately address the issue that concern these groups. Based upon this, it was agreed unanimously by this Committee to recommend the adoption of the Historic Preservation Ordinance with the recommended changes outlined. This ordinance received its first reading on August 18, 1982, and was referred to the Water and City Growth Committee. This will be con- sidered as the second reading. Mr. John Garone, President of the Bakersfield Board of Realtors, read the following Policy Statement of the Board of Directors of the Bakersfield Board of Realtors: The Bakersfield Board of Realtors, today, endorsed the adoption of the proposed ordinance governing the designation, preservation and perpetuation of Historic and Scenic Properties. Much of what we opposed in the original draft of the ordinance has been changed, eliminating most of our original objections. We still have reservations concerning the use of the power of Eminent Domain for any purpose which is not directly re~ated to public health and safety. We are relying on the good govern- ment we enjoy in this City to assure that this power shall never be used for the taking of a private property in a manner or circumstance which is unfair or unjust. We believe that the issue of Historic Preservation is important enough to proceed with the adoption of this ordinance with the safeguards which have been written into the proposal since our last appearance before the Council on August 18, 1982. We appreciate the cooperation of your staff people and of the City Council which brought the requested changes, and we are happy to appear before you tonight giving our endorse- ment to the adoption of the Historic Preservation Ordinance. Bakersfield, California, September 29, 1982 - Page l0 Upon a motion by Councilman Ratty, Water and City Growth Committee Report No. 7-82 regarding Historic Preservation Commission Ordinance, was accepted. Adoption of Ordinance No. 2781 New Series of the Council of the City of Bakersfield creating a Historic Preser- vation Commission and establishing rules and regulations governing the designation, preservation and perpetuation of Historical and Scenic Properties. Upon a motion by Councilman Ratty, Ordinance No. 2781 New Series of the Council of the City of Bakersfield creating a Historic Preservation Commission and establishing rules and regulations governing the designation, preservation and perpetuatic.n of Historical and Scenic Properties, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Noes: None Absent: Councilman Means Councilman Payne announced that at the request of Councilman Means, who is absent tonight, Governmental Efficiency and Personnel Committee Report No. 9-82 regarding Data Processing Division Reorganization will be deferred for one week. City Manager Kelmar reported, as directed by the Council, he made a presentation before Thursday evening on behalf of Benefit No. i and No. 7 Taxes. the Kern County Water Agency last the City regarding the Zone of At a previous Council Meeting he indicated the City had certain concerns regarding Zone of Benefit No. 7 Tax and authorization was requested to make comments on that, as well as Zone of Benefit No. l, before the Kern County Water Agency. The Council was furnished with a memorandum and attachment which explains the concerns the City has with the Zone of Benefit No. 7 Tax. The schedules indicate that the Zone of Benefit No. 7 is the tax that is paid by all property owners in Improvement Bakersfield, California, September 29, 1982 - Page District No. 4, which pays for the cost of water brought into Improvement District No. 4. The first column indicates the 1981-82 assessed valuation for each of those areas. The second column indicates the relative percentage of Zone of Benefit No. 7 that is represented by that assessed valuation. The sum at the bottom of the third column is the total entitlement for 1981 and represents the actual amount of acre feet that was paid by each of the areas during that year as represented by their assessed valuation. The final column indicates the Improvement District No. 4 Water Treat- ment Plant entitlement in number of acre feet that has been allocated to the entities. North o£ the River and East Niles Community Service District have a benefit far in excess of the water they are actually paying for. This means the City of Bakers-- field's residents and remaining unincorporated area are paying for that water. It was pointed out to the Kern County Water Agency that this is a very inequitable situation and, hopefully, they will deal with this issue when they make their determination, as far as the Zone of Benefit No. 7 Tax for the coming year is con- cerned. CONSENT CALENDAR The following items were listed on the Consent Calendar (a) Allowance of Claims Nos. 1328 to 1792, inclusive, in the amount of $1,308,489.12. (b) Claim for Damages and Personal Injuries from Anthony Bacon, 2191 Harbor Boulevard, Costa Mesa, California. (Refer to City Attorney) (c) Claim for Damages from Shabbir Y. Jama- luddin and Umaima S. Jamaluddin, 4129 Cabernet, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Magnum Force Men's Softball Team, l100 Fairway Drive, Bakersfield. (Refer te City Attorney) (e) Claim for Damages from Allstate Insurance Company on behalf of Jon Rawlings, 125 Washington Avenue, Oildale. (Refer to City Attorney) 490 Bakersfield, California, September 29, 1982 - Page 12 (f) (g) (h) (i) (J) (k) (1) (m) (n) Claim for Damages from Kelley Shawn Carpenter, 5104 Eastridge Court, Bakers- field. (Refer to City Attorney) Claim for Damages from Gerald M. 428 Chester Avenue, Bakersfield. to City Attorney) Brock, Refer Claim for Damages from Elias Damo 3108 Sterling Road, Bakersfield. (Refer to City Attorney) Grant Deed from Loma Vista Construction providing for a drainage retention basin as required by the Planning Commission for Tract No. 4181, located on the east side of Hughes Lane and south of Fairview Road. Line of Sight Easement from Tenneco Realty Development Corporation providing an ease- ment for line of sight as required by the Planning Commission for Parcel Map No. 6643, located north of Ming Avenue and west of Manning Street. Road Easements and Water Pipeline Easement from Tenneco Realty Development Corporation as required by the Planning Commission for Parcel Map No. 6547, located north of Ming Avenue, on the east side of Old River Road. Maps of Tract No. 4181, Units "A" & "B", and Improvement Agreement with Loma Vista Construction for construction of improve- ments therein, located on southeast corner of Hughes Lane and Fairview Road. Improvement Agreement for Parcel Map No. 6642 with Rosedale Business Center, Ltd., for construction of improvements required by the Planning Commission, located on southwest corner of Rosedale Highway and Freeway 99. Notices of Completion and Acceptance of Work on: City of Bakersfield Wastewater Treatment Plant No. 3, Interim Improvements, Contract No. 81-52 with P. R. Field, Inc. Tract No. 4315, Contract No. Donald P. Chandler, located Court, east of Real Road. 80-73 with at Chandler Tract No. 4395 "B", Contract No. 82-97 with U. S. Home Corporation, located at Dunsmuir and Business Center Drive. Lots 28 thru 35 of Parcel Map No. 3939, Contract No. 79-4 with Roy G. Lutrel, located on east side of Union Avenue, south o£ Planz Road. Bakersfield, California, September 29, 1982 - Page 13 491 (o) Application for Encroachment Permit from Louis A. Negre, 2924 Linden Avenue, Bakersfield, for construction of a 4 foot high, open mesh, chain link fence to be located behind sidewalk area on Tulare Street and Niles Street, at 431 Niles Street. (p) Plans and Specifications for Bakersfield Senior Citizens Center at 530 - 4th Street. (q) Request from Martin-Mcintosh for Waiver of Signatures for Parcel Map No. 6594, located south of West Columbus Street, between "Q" Street and San Dimas Street. (r) Supplemental Agreement between Southern Pacific Transportation Company and the City of Bakersfield providing for installation, by Tenneco Realty Develop- ment Corporation, of 42 inch sewer main under the Southern Pacific rails near Gosford Road in lieu of the previously proposed 36 inch pipe. (s) Contract Change Order No. 2 to Contract No. 82-117 with A. C. Electric Company for Traffic Signal Modifications at Mt. Vernon Avenue and Columbus Street. This Change Order replaces existing wiring at the intersection of Mt. Vernon Avenue and Columbus Street. During construction it was found that the existing conductors were deteriorated to the extent of requiring total replacement. The cost of the change is $7,500. Total contract price as a result of the Change Order is $49,200. Upon a motion by Councilman Payne, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), 1), (m), (n), (o), (p), (q), (r) and (s) of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Noes: None Absent: Councilman Means ACTION ON BIDS Adoption of Resolution No. 113-82 of the Council of the City of Bakers- field awarding the Contract for the construction of certain public works of improvement in a Special Assessment District. 4'92 Bakersfield, California, September 29, 1982 - Page 14 Upon a motion by Councilman Ratty, Resolution No. 113-82 of the Council of the City of Bakersfield awarding the Contract for construction of certain public works of improvement in Assess- ment District No. 81-1 to Brown & Boles Plumbing Company, Inc., in the amount of $461,535.37, was adopted, all other bids rejected and the Mayor was authorized to execute the contract, by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Noes: None Absent: Councilman Means Upon a motion by Councilman Barton, low bid of Downs Grading and Excavating, in the amount of $37,500, for Annual Contract for Operated Drag Line, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of Tri-County Elevator Company, in the amount of $5,350, for Elevator Earthquake Modifications, was accepted and the other bid rejected. Upon a motion by Councilman Payne, usual bidding require- ments were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price with Motorola Communications for one desk model and ten portable two-way radios for the Police Department, not to exceed the budgeted amount of $19,100. Award of bid to second lowest bidder for Drainage Improvements in Kings- land Avenue and Bernard Street Retention Basin. Assistant City Manager-Finance Higginbotham stated Micon Construction Company submitted a request to withdraw their bid because they made a mistake on the bid document and would be unable to perform the work for that amount. The City Attorney's Office reviewed the request and concluded that the Council may allow Micon to withdraw their bid. The next lowest bid from W. M. Lyles Company, in the amount of $68,107.50, is an acceptable bid and is within the amount budgeted. Bakersfield, California, September 29, 1982 - Page 15 493 Upon a motion by Councilman Payne, Micon Construction Company was allowed to withdraw their low bid, in the amount of $60,283.05, and next lowest bid of W. M. Lyles Company, in the amount of $68,107.50, for Drainage Improvements in Kingsland Avenue and Bernard Street Retention Basin, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rockoff, low bid of E. & S. Electrical Construction, in the amount of $102,347, for Traffic Signal System Modifications on "L" Street at Truxtun Avenue, 17th, 18th, 19th, 20th and 21st Streets, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of Granite Construction for the Base Bid and Units A & B, in the amount of $206,848, for resur~acing portions of Gosford Road, Ming Avenue and Ashe Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of Credence Construction for the Base Bid, in the amount of $42,390.50, for construction of Wastewater Treatment Plant No. 3, Interim Effluent Discharge System, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Strong, bid of McCowan's Construction, in the amount of $19,871, for construction of Women's Restroom Facilities at the Corporation Yard, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rockoff, low bid of Casa Moore Carpet, Inc., in the amount of $4,792, for Carpets and Drapes for remodeling the East other bids rejected. Adoption Wing of City Hall, was accepted and all DEFERRED BUSINESS of Ordinance No. 2782 New Series of the Council of the City of Bakersfield amending Chapters 2.08, 2.72 and 2.84 of Title 2 of the Bakersfield Municipal Code relative to Administration and Personnel. 494 Bakers£ield, California, September 29, 1982 - Page 16 These amendments incorporate the changes relating to working conditions as negotiated with the employee groups for Fiscal Year 1982-83. Upon a motion by Councilman Christensen, Ordinance No. 2782 New Series of the Council of the City of Bakersfield amending Chapters 2.08, 2.72 and 2.84 of Title 2 of the Bakersfield Munici- pal Code relative to Administration and Personnel, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Noes: None Absent: Councilman Means NEW BUSINESS Adoption of Resolution No. 114-82 of the Council of the City of Bakers- field setting salaries and related benefits for Officers and Employees of the City of Bakersfield. This resolution establishes the salaries and related for officers and employees of the City of Bakersfield as benefits negotiated for Fiscal Year 1982-83. Upon a motion by Councilman Strong, Resolution No. 114-82 of the Council of the City of Bakersfield setting salaries and related benefits for Officers and Employees of the City of Bakers- field, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Noes: None Absent: Councilman Means Approval of Lease Agreement between the City of Bakersfield and County of Kern for California Avenue Park Neighborhood Facility. Under the terms of this agreement the City will continue to lease to the County office space within the California Avenue Park Neighborhood Facility for the County's Probation Department. The agreement includes a rent increase to cover the increase in maintenance and utility costs. Bakersfield, California, September 29, 1982 - Page 17 495 Upon a motion by Councilman Strong, Lease Agreement between the City of Bakersfield and County of Kern for California Avenue Park Neighborhood Facility, was approved and the Mayor was authorized to execute same. Approval of Month-to-Month Lease Agreement between the City of Bakers- field and Nomad Bowmen, Inc., for approximately 27 acres along the Kern River. Upon a motion Lease Agreement between Inc., for approximately and the Council, adjourned at 9:10 P.M. by Councilman Christensen, Month-to-Month the City of Bakersfield and Nomad Bowmen, 27 acres along the Kern River, was approved Mayor was authorized to execute same. ADJOURNMENT There being no further business to come before the upon a motion by Councilman Christensen, the meeting was ATTEST: City' of~akersfield, Calif. CITY CLERK and x Officio Clerk of the Council of the City of Bakersfield, California ma