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HomeMy WebLinkAboutOCT - DEC 1982496 Bakersfield, California, October 5, 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., October 5, 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 minute of silent prayer. The City Clerk called the roll of the Council as follows: Present: ~iayor Shell. Councilmen Barton, Christensen, Payne, Ratty, Rockoff, Strong Absent: Councilman Means The City Clerk called the roll of the Agency as follows: Present: Agency Members Bilas, Clausen, Lewis, Mooneyham, Moore, Richardson Absent: Agency Member Winer The City Clerk called the roll of the Board as follows: Present: Board Members Binder, Bovee, Carter, Frazier, Itall Absent: None OPENING REMARKS Mayor Shell stated the Board of Directors of Golden Empire Transit (G.E.T.), has been delegated as the lead agency regarding the application for funds for transit purposes in Down- town Bakersfield. This meeting is being held for G.E.T.'s benefit, so they can make a determination which direction should be taken. G.E.T. is seeking input from the Council, Redevelopment Agency and the public who have an interest in the downtown transit needs. G.E.T. Board Chairman Rozella Binder stated they are present tonight to hear input regarding a Transit Facility for Downtown Bakersfield. A consensus was not reached at the joint meeting held September 22, 1982. The G.E.T. Board will not be able to stay at this meeting until a late hour because they have a regular Board ~eeting scheduled later this evening. G.E.T. has not made a decision on this matter. It is the consensus of the Board that they will be willing to participate, on a 50-50 basis, Bakersfield, California, October 5, 1982 - Page 2 497 with the City and/or Downtown Business Association in the financing of a Maintenance District for the downtown area. This would be an interim measure to try to clean up the present problem downtown. G.E.T. is also willing to participate in a joint venture regarding the maintenance problems of any future facility, whether on- or off-street. It is hoped that the G.E.T. Board can leave this meeting tonight with a more settled version of exactly what direction they should take. They would like to please as much of the community as possible. Agency Chairman Lewis stated the only input the Redevelop- ment Agency has received was at their meeting last Tuesday, which was a very sketchy recommendation for a Chester Avenue, from 17th Street to 21st Street, Transit Mall with a terminal on the half block at 21st Street and Chester Avenue. This recommendation failed to pass on a vote of the Agency ~embers. REPORT OF CITY MANAGER City Manager Kelmar reported the purpose of this report is to attempt to bring everyone up to date on what has occurred since the last joint meeting. At the prior meeting it was indicated that the Downtown Business Association had taken a position on thi~ subject, but at a subsequent Redevelopment Agency Meeting, on ~eptember 8, 1982, Mr. Jim Treanor, President of the Downtown Business Association, indicated that was not the case. Mr. Treanor indicated a Committee of the Downtown Business Association had been appointed to study the subject and later this evening the results of their recommendation will be presented. At the same Redevelop- ment Agency Meeting, Agency Member Rollie Moore suggested another alternative, which was not a part of the Barton-Aschman Study. In essence, this alternative is a compromise of all concerns. It is a combination of a mall and off-site transfer station. The Agency suggested that this alternative be pursued with the consultants and the Urban Mass Transit Agency U.M.T.A.). 498 Bakersfield, California, October 5, 1982 - Page 3 Mr. Bob Scales, representing Barton-Aschman Associates, Inc., Consultants for the Bakersfield Downtown Transit Facility, stated he was requested to develop a concept of Agency Member Moore's suggestion, which is a three block on-street facility along Chester Avenue, between 18th and 21st Streets, thereby, moving the Chester Avenue options one block north. An integral part of this facility would be an off-street terminal waiting by passengers transferring buses. would also provide space for information, to facilitate longer term The off-street facility restrooms and possibly concessions to help off-set operation costs. Mr. Scales presented a sketch he prepared this afternoon of the option as proposed by Agency Member Moore. City Manager Kelmar stated the Council's Voucher Approval Committee met to discuss this subject and determine the following: 1. They are interested in the results of Agency Member ~oore's concept. 2. An off-site station should probably be located in an area that will facilitate the redevelopment process. 3. They desire input on how the property owners on Chester Avenue would perceive the impact of any improvements on Chester Avenue on their property values. Yesterday afternoon a meeting was held and approximately 15-20 businessmen and property owners attended. City staff attempted to contact as many property owners and businessmen on Chester Avenue, in the affected area, as possible. Virtually, everyone expressed a desire in the transit mall option. Through the meetings and discussions with many interested people and the previous joint meeting it areas of concern: 1. 2. 3. 4. 5. 6. is very clear there are basically six Traffic. What is the urgency for a decision? Restrooms. Parking. Maintenance and security. An interim solution to the problem at 19th Street and Chester Avenue. Bakersfield, California, October 5, 1982 - Page 4 499 Director of Public Works Hawley presented three outlines on the Level of Service for traffic that can be expected along Chester Avenue, between 17th and 21st Streets, with and without a transit mall. Also shown are the traffic needs to handle the north-south traffic in the central business district through the year 2000. These needs are based on Level of Service "D", which is acceptable in the downtown area, with Level of Service "E" and "F" requiring traffic improvements or changes. The most desirable Level of Service is "A" and the least desirable is "F". Level "A" would have free traffic flow, low volume, high operating speed and easy maneuverability. Level "F" would have forced flow, volumes lower than capacity due to very low speeds and excessive backup of vehicles at traffic signals. ~ost downtown business d~stricts have either a Level of Service "C" or "D". The present Level of Service along Chester Avenue would be something similar to Level "C". In other words, stable flow, high volume, speed and maneuverability determined by traffic conditions. An example of Level "D" would be Ming Avenue in the vicinity of Valley Plaza. An example of Level "E" would be 24th Street, between Oak Street, Pierce Road and Highway 99. Another example of Level "D" would be the intersection of California Avenue and Oak Street before the existing improvements were made. Mr. Hawley then reviewed the Level of Service on Chester Avenue, between 17th and 21st Streets, without a mall, as follows: No traffic improvements Prohibit Left Turns Construct "H" Street with Railroad Separation Construct "L" Street with Railroad Separation Traffic Needs: 1. 2. Year Year Year 1982 1990 2000 C D E B D D-E B C C-D A B B-C Prohibit Left Turns by 1990. Construct "H" Street with Railroad Grade Separation by 2000. 5O0 Bakersfield, California, October 5, 1982 - Page 5 Avenue, Mr. Hawley reviewed the Level of Service on Chester between 17th and 21st Streets, with a mall, as follows: Year Year Year 1982 1990 2000 D-E F F No other traffic improve- ments Prohibit Left Turns D E E Construct "H" Street with C D D-E Railroad Separation Construct "L" Street with B C C-D Railroad Separation Traffic Needs: 1. Prohibit Left Turns by 1982. 2. Construct "H" Street with Grade Separation by 1990. 3. Construct "L" Street with Grade Separation by 2000. In summary, left turns would have to be prohibited almost immediately after construction is completed on the mall. Then sometime around the year 1990 an "H" Street grade separation would have to be constructed. Sometime after the year 2000 it may be necessary to make improvements along "L" Street, including a possible grade separation. City Manager Kelmar stated the next issue is the urgency of a decision. People are very concerned about the possibility of losing the Urban Mass Transit Agency funds and it appears there is some urgency to have some type of application filed by the end of this year. The next area of concern is restrooms. Obviously any off-site terminal or transfer station would contain restroom facilities. If a mall concept is considered there needs to be a commitment, when the decision is made, that provisions be made for restrooms in the mall area. The next issue is parking. There is no question that there will be a loss of parking as the result of the mall concept. There are business owners who are quite concerned about losing Bakersfield, California, October 5, 1982 - Page 6 parking spaces in front of their buildings. However, there are things taking place, namely, the parking structure at 18th and Eye Streets. Hopefully, if favorable consideration is received, a parking structure on 18th and "K" Streets will be erected. That concern can be mitigated by the parking structures. Another area of concern, with the mall concept, is maintenance and security. That is a very real concern, because of litter and the type of problem that exists at 19th Street and Chester Avenue. No one wants to see four blocks o£ that type of situation. It was very pleasing to hear a commitment from G.E.T. that they are willing to participate in a Maintenance District, and as a result of that he would be willing to recommend to the Counci~L that the City participate in the maintenance and security of a malZ[, if it is selected. The other area of concern is an interim solution for 19th Street and Chester Avenue. He was very pleased about the commit- ment from G.E.T. to participate in a solution to the maintenance problems that presently exist and would recommend that the Council become involved in attempting to maintain that area. He also understands G.E.T. has discussed the possibility of making some operational changes in the present system, which would tend to relieve the congestion at of time the buses stop at Association has been very that corner, as well as, change the amount that location. The Downtown Business concerned about that problem and, hope- fully, between the operational changes and the City participating in the maintenance it is felt the existing problem will be corrected. When the report was prepared he had a great deal of concern and could not come to a conclusive decision on either alternative, mall or off-site facility. He felt there needed to be a commitment on the part of G.E.T. to become involved in the cost of maintenance and providing restroom facilities. G.E.T. has now made a commitment, as far as a policy change is concerned, and that 505 Bakersfield, California, October 5, 1982 - Page 7 is a very critical point. Due to these concerns the terminal appeared to be a better alternative, however, there was a question regarding the proposed location and, he felt, it should assist in the redevelopment process. He was also concerned because the buses would still be going up and down Chester Avenue and did not know if the off-site proposal would solve all those problems. The most appealing option appeared to be the one proposed by Agency Member Moore, because it seems to achieve all the objectives and he still believes it is probably the best alternative. Whether it is feasible and U.M.T.A. will accept it remains to be seen. If Agency Member Moore's alternative is not viable, and after hearing the commitment from G.E.T., and if the Council supports the recommendations regarding assistance in maintenance and security, desires of the major business operators and property owners on Chester Avenue, at this time the City staff would like to go on record in support of the transit mall concept. In answer to a question by Councilman Rockoff, Traffic Engineer Hahs stated removing the left turns on Chester Avenue will increase the capacity in level of service. The negative aspects of it are; the Police Department has to enforce it, and it will limit access to various streets along Chester Avenue for people trying to get to businesses on those streets. GENERAL DISCUSSION Mr. Hugh Sill, downtown property owner, stated he feels providing restroom facilities should be the first and foremost priority in the downtown area. Everyone feels Bakersfield is going to grow and anything outside of a terminal will be a temporary situation and eventually one will have to built. If everyone works at it property for a terminal can be purchased at a reasonable price. Mr. Jim Treanor, President of the Downtown Business Association, read a letter stating it is the consensus of the Board of Directors of the Downtown Business Association that they Bakersfield, California, October 5, 1982 - Page 8 502 Downtown Business Agency and G.E.T. urgency. support an off-street transit terminal in conjunction with a modified transit mall, which includes more customer parking. It is their opinion that before anything is done that the City of Bakersfield and G.E.T. reach some agreement as to who will be responsible for policing and maintaining the above area. The Association urges the Council, Redevelopment to proceed on this matter with the utmost Commerce, September Mr. Frank Casey, President-Elect of the Chamber of read a letter stating that at a special meeting held 27, 1982, the Bakersfield Chamber of Commerce voted to accept the recommendati~-t~ Chamber Committees; Government Review, Transportation and Econom~c Development. Their organi- zation recommends selection of an off-site, off-street transfer facility for G.E.T. It is believed this type of facility would be more workable or applicable for the overall community, than the on-site, on-street proposal. Additionally, it is their under- standing that the off-street facility would not involve the loss of parking spaces in the downtown area. At this same meeting the Directors supported a motion recommending representatives of the City, Redevelopment Agency and G.E.T. arrange for a comprehensive Maintenance and Security Program for the off-street facility. The Chamber of Commerce feels adequate maintenance and security should be an integral part of any transfer facility. As the project progresses it is hoped representatives of the City, Redevelopment Agency and G.E.T. will feel free to call on the Chamber for assistance and/or review of any future proposals for a G.E.T. transfer facility. Should the decision be made to go to an off-site, off-street facility, and help is needed making a decision as to the location, the Chamber will be glad to help. Mr. Vincent Casper, owner of a retail business at 18th Street and Chester Avenue, stated he is all for beautifying and redeveloping the downtown area, but it should not be accomplished Bakersfield, California, October 5, 1982 - Page 9 by removing all the customer parking spaces on Chester Avenue or narrowing streets. The buses should be given the necessary room to discharge and pickup passengers, but they should immediately move to the next stop. If that is done the transit terminal could be placed anywhere and use the grant for what it is intended for, to build a transit terminal. The community and streets would be cleaner and more parking would be available for the general public. The Downtown General Plan has never addressed the abolishment of parking in the downtown core area, much less parking for buses in each City block. That would mean that 24 spaces would be tied up forever. Mr. George Xezanotos, owner of Vest's Drug Store at 19th Street and Chester Avenue, stated he feels the basic economy of downtown is vitally dependent on bus riders, and wondered what their feelings are. He also wondered how many people are using Chester Avenue as a throughway, rather than stopping to shop. Is Chester Avenue being used for economic gain or a freeway from north to south Bakersfield? Mr. Xezanotos outlined the reasons he felt a transit mall should be installed rather than a terminal. Before a decision is made, he felt, the Downtown Improvement District should be polled to find out what they want. They might prefer a transit mall to beautify Chester Avenue and accomplish other necessary things. Mr. Don Franklin, concerned citizen, stated, before a decision is made, he requested that it be remembered that the number one priority is to transfer people in and around downtown in a safe, secure and sanitary manner. The traffic flow in the year 2000 has been mentioned, however, he would caution all the agencies that it might be difficult to project the number of buses and ridership required by that time. Gasoline prices may go out of sight and more public transportation may be needed. If Chester Avenue is narrowed the level of service reduced, and then to run Bakersfield, California, October 5, 1982 - Page 10 the risk of having to increase the number of buses and their use, is not a progressive way to go. He expressed a concern regarding the proposed maintenance agreement between the City and G.E.T., because who is going to be responsible for the litter, etc. An off-street facility would very clearly define who is responsible. The owner of the facility would be responsible for the inside boundaries of the terminal and the City for the area outside the boundaries. A viable and complete Master Plan would provide a clearer picture as to what directions should be taken. Perhaps everything should be put on hold until a Master Plan is completed. Ms. Laura Heath, representing a downtown firm, asked Agency Member Moore questions about his proposed alternative, and stated she favors this plan because it provides for both bus riders and the business people downtown. In answer to a question by Board Member Bovee, Ms. Heath stated if Mr. Moore's proposal cannot get financing she would prefer a terminal. Mr. John Brock, owner of Brock's Department Store, stated he had been in favor of a transit mall on Chester Avenue, but after listening to Mr. Sill talk, he feels the best of both worlds could be had if the northwest corner of 21st Street had a transfer terminal and Chester Avenue was used, after it is beautified, for picking up and letting off passengers. Maybe by the year 2000 a complete terminal could be erected on the other half block on 21st Street. Mr. Brock stated he favors the combination proposal of a transit mall on Chester Avenue, with off-street facilities on the northwest corner of 21st Street. G.E.T. Board Chairman Binder stated the only concern they have with Agency Member Moore's proposal is that there is a possi- bility that it may not pass U.M.T.A.'s criteria for a transit function. If the Chester Avenue beautification plan is being considered strictly for a pickup and drop off point for passengers, that will not meet their criteria as a transit function. If it Bakersfield, California, October 5, 1982 - Page can be demonstrated that there is a real transit function being performed by that beautification it would have a good chance of going through. Mr. Jules Kenzer, property owner at 21st Street and Chester Avenue, stated he is not against a terminal, but does not want his property taken. Mr. Kenzer felt there are enough empty lots in the area that could be purchased without having to tear down someones' building. Mr. Stewart Salamacha stated there is a building next to Guarantee Shoe Center, on 21st Street and Chester Avenue, that they want to remodel, and asked if they should go throught with it. G.E.T. Board Chairman Binder stated she could not answer that question, because a decision has not been made on the location of a terminal or what kind of a facility will be constructed. Mayor Shell stated she is in favor of the proposal for beautification of Chester Avenue. Chester Avenue is a barrier for shoppers and most of them do not count on parking on that street. They seek parking on side streets. The Chester Avenue proposal, presented by the consultants, is very attractive and will attract people downtown to shop. It is incumbent on the City Council to decide their priorities for downtown. If Chester Avenue is to be a thoroughfare or speedway in order to get through downtown as quickly as possible, then there cannot be any kind of beautification that would hinder traffic. If the Council wants people to stay downtown, and in order to attract them to that area, then traffic will have to be slowed down. Councilman Rockoff stated he believes if people are going to stay downtown to shop they have to be given security, cleanliness and the merchandise they want. There is a lot of competition in the City of Bakersfield, surrounding downtown, and if customers do not get what they want they will go elsewhere. It does not matter how beautiful Chester Avenue is made, if they do not get what they want downtown, they will go elsewhere. Bakersfield, California, October 5, 1982 - Page 12 5O7 Agency Member Moore, seconded by Agency Member Mooneyhain, made a motion to adopt the Chester Avenue Mall Concept for a three block area, from 18th to 21st Streets, with an additional waiting component on the half block from 21st to 22nd Streets, between Chester Avenue and Eye Street, to provide transfer passengers waiting space, shelter, restrooms, security and information. This motion failed to carry by the following roll call vote, which ended in a tie: Ayes: Noes: Absent: Agency Members Clausen, Mooneyham, Moore Agency Members Bilas, Lewis, Richardson Agency Member Winer Agency Member Moore requested that'the Redevelopment Agency Members be polled as to which alternative they prefer in the event the proposal for a Chester Avenue Mall and transit terminal Agency: on 21st Street is not approved by the Urban Mass Transit Agency Member Bilas: Agency Member Clausen: Agency Member Lewis: Agency Member Mooneyham: Agency Member Moore: Off-Street On-Street Off-Street Undecided Off-Street Agency Member Richardson: Off-Street Councilman Christensen made a motion that the Council go on record as being in favor of an off-street terminal. This motion carried by the following roll call vote: Ayes: Councilmen Barton, Christensen, Payne, Rockoff, Strong Noes: Councilman Ratty Absent: Councilman Means Mr. Treanor indicated the problem of 19th Street and Chester Avenue has not been discussed and they have been requesting a solution to that problem for over a year. Mr. Steve Ruggenberg, representing G.E.T., stated he and Mr. Treanor have met to discuss the situation at 19th Street and Bakersfield, California, October 5, 1982 - Page 13 Chester Avenue and they have not been able to reach a solution. ADJOURNMENT G.E.T. Board Chairman Binder adjourned the joint meeting before the Council, Redevelopment Agency and G.E.T. Board of Directors regarding transit concepts for the Downtown Bakersfield Area, at 9:10 P.M. Upon a motion by Agency Member Moore, seconded by Agency Member Bilas, 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 9:10 P.M. Upon a motion by Councilman Christensen, 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 9:10 P.M. ATTEST: CIT E~ Officio Clerk of the Council of the City of Bakersfield, California ma Calif. Bakersfield, California, October 6, 1982 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 8:00 P.M., October 6, 1982. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance and Invocation by Mayor Shell. The City Clerk called the roll as follows: Mayor Shell. Councilmen Christensen, Means, Payne, Present: Rockoff, Strong, Barton Absent: None. the City of City followed Ratty, Minutes of the Joint Public Meeting of September 22, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Bill Dolan, 2208 - 20th Street, Bakersfield, spoke on behalf of Mike Tang and his sister, Lai Yen Tang, proprietors of the Wing Wah Cafe located at 1527 - 19th Street, regarding the off-street parking requirements for their business. In accordance with Chapter 17.58 of the Bakersfield Municipal Code, a total of seven off-street parking spaces for the Wing Wah Cafe are required. The requirement can be met by leasing off-street parking spaces within a 500-foot perimeter of the restaurant, or paying fees as set forth in the Municipal Code in lieu of providing off-street parking. There are no parking spaces available for lease within 500 feet of the restaurant, therefore, the business is faced with the choice of paying the in ~ieu parking fees, in the amount of $49,000 over a 20-year period, or closing the business. Mr. Dolan urged the Council to repeal Chapter 17.58 of the Bakersfield Municipal Code, especially as it applies to the in lieu parking fees and the 500-foot perimeter set for the leasing of off-street parking spaces; conduct a study to discover a more equitable means to solve the downtown parking problem; and adopt a policy of restraint in the enforcement of the ordinance provisions. In answer to a question, City Attorney Oberholzer stated the ordinance pertaining to off-street parking is currently in effect and contains no provisions for Council to waive fees, Bakersfield, California, October 6, 1982 Page 2 although they can be adjusted by resolution. The purpose of the ordinance was to stimulate the use of existing buildings downtown and money raised from the fees would be used to purchase additional parking spaces. Upon a motion by Councilman Barton, the ordinance per- taining to off-street parking was referred to the Business Develop- ment and Parking Committee for study and recommendation. Ms. Judi Wallrath, Kern Organization for Freedom from Smoke, 3108 Dartmouth Street, requested Council adopt an ordinance similar to the smoking ordinance on the November Ballot (Measure "A"), that was tentatively approved by the Board of Supervisors, i£ a majority of voters vote in favor of it. Ms. Audrey ~ockran, 7901 Shetland, Bakersfield, spoke in support of Measure "A", and requested the Council adopt a similar smoking ordinance for the City of Bakersfield. Councilman Christensen made a motion that if the majority of voters in the Bakersfield Metropolitan Area approve Measure "A" on the November Ballot, the City Attorney shall draft the proposed "No Smoking" Ordinance for adoption at the Council Meeting of November 3, 1982. Councilman Strong stated he would like more than one day to consider the ordinance for adoption. Councilman Christensen amended his motion that if a majority of voters in the Bakersfield Metropolitan Area approve Measure "A" on the November Ballot, the City Attorney shall draft the proposed "No Smoking" Ordinance for adoption at the City Council Meeting on November 10, 1982. Councilman Rockoff stated he felt by taking action at this time it would appear the Council is supporting passage of Measure "A". He has no problem with individual Councilmen giving endorsement and using their titles to do so, but felt it inappro- priate for the Council, as a group, to appear to give support or endorsement to a specific measure on the ballot. Bakersfield, California, October 6, 1982 - Page 3 Councilman Christensen's amended motion that if a majority of voters in the Bakersfield Metropolitan Area approve Measure "A" on the November Ballot, the City Attorney shall draft the proposed "No Smoking" Ordinance for adoption at the City Council Meeting on November 10, 1982, carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Barton Don Peck, Means, Payne, Ratty, Strong, Councilman Rockoff None. CORRESPONDENCE Upon a motion by Councilman Payne, communication from General Manager, Bank of America Building, 1430 Truxtun Avenue, Suite 420, dated August 13, 1982, regarding continuation of Parking Lease Agreement No. 77-99, until December 31, 1983, was received and referred to Business Development and Parking Committee for study and recommendation. Communication from William R. Tuculet, Dr. Sami Srour, 1706 Chester Avenue, Suite 602, 1982, requesting a General Plan Amendment for the 6.66 acre parcel located on the east side of Stine Road approximately 150 feet north of Pine Castle Avenue, was received and referred to Planning Architect, for dated September 20, Commission and Business and recommendation. Development and Parking Committee for study COUNCIL STATEMENTS Councilman Ratty stated he felt compelled to make some comments about action taken at the Joint Public Meeting held by City Council, Redevelopment Agency and G.E,T. on October 5, 1982, regarding transit concepts for the Downtown Bakersfield Area. He is in favor of a downtown mall, an open space with shops, which would be much more desirable than an off-site terminal building. A $4,000,000 beautification project would make the downtown area a beautiful place to go and shop and would serve as a catalyst for Bakersfield, California, October 6, 1982 - Page 4 future development in the central core area. He further stated that the G.E.T. Board of Directors has stated they will participate in the maintenance of 19th Street and Chester Avenue and will als,3 make operational changes to relieve the congestion of people wait- ing for buses. G.E.T. has made an effort in regard to working with the City to alleviate the problems at 19th Street and Chester Avenue. The Voucher Approval Committee should meet with the G.E.T. Board of Directors and Downtown Business Association to decide, as rapidly as possible, what to do in the interim period between now and when the off-site terminal is built. Councilman Ratty made a motion that the transfer point issue be studied by the Voucher Committee, immediately, and a decision made as to what is to be done in the interim period between now and the time the off-street facility is built. This motion was unanimously approved. Upon a motion by Councilman Rockoff, communication from Schools Legal Service, P.O. Box llll0, Bakersfield, dated October 1, 1982, addressed to the Board of Supervisors and per- taining to the over-crowding conditions in the Panama School District was received and placed on file. Councilman Rockoff stated he was pleased to receive the memorandum from Fire and Development Services Director Needham regarding Halloween Amusement Centers and asked Fire and Develop- ment Services Director Needham what the City's legal responsi- bilities are, and a clarification of the conclusion of the memorandum. Fire and Development Services Director Needham stated that in the Halloween Amusement type facility generally an organization will lease a building and then construct arrange- ments conducive to that type of entertainment. In most cases the building is not up to code. This year, organizations are being required to build as close to code as possible so the Fire Department, Fire Marshall, and Building Director are satis£ied Bakersfield, California, October 6, 1982 - Page 5 that the safety of the people going into the building is of the utmost importance. There is a section in the building code that allows the Building Director to do this if he feels the safety of the people and the intent of the building code is being followed. City Staff is following that section of the code at this time. An organization presently involved in this kind of activity is using the old Mayfair Market in the Valley Plaza Shopping Center. It is an extremely dark facility, fully sprinklered, and with many exits. There will be four people assigned to each room to assist anyone in case there is a problem, for a total of one hundred people from the organization working inside the building. That organization has an excellant plan and is well organized. The conclusion of the memorandum is that some organiza- tions will not be able to operate a facility within City require- ments with regard to what they might like to do. Councilman Barton read into the record a letter by John G. Coy, President, 1982 as follows: Southeast Enterprise Zone, dated October 6, October 6, 1982 Honorable Mary K. Shell and Bakersfield City Council 1501Truxtun Avenue Bakersfield, CA 93301 Dear Mayor and Councilmen: We are a group of business people and property owners in Southeast Bakersfield who have organ- ized with the intent of improving our area. We have taken the name of "Southeast Enterprise Zone", and are working toward qualifying as an official Enterprise Zone if Federal and/or State Legislation is passed permitting such a designa- tion. We desire to use all existing tools, (Federal, State, County and City) to assist in the upgrad- ing of our industrial area. We respectfully request that you provide us with all appropriate assistance in our efforts to achieve our goals. Very truly yours, John G. Coy President Southeast Enterprise Zone Bakersfield, California, October 6, 1982 - Page 6 Upon a motion by Councilman Barton, communication from John G. Coy, President, Southeast Enterprise Zone, dated October 6, 1982, was received, ordered placed on file and referred to the Business Development and Parking Committee for study and recom- mendation. Upon a motion by Councilman Strong, Councilman Rockoff was designated to represent the City Council at a Cable Televisioa Seminar in Anaheim on November 16th and l?th. Upon a motion by Councilman Christensen, City Attorney was directed to designate an attorney from his office to accompany Councilman Rockoff to the Cable Television Seminar in Anaheim on November 16th and 17th. Mayor Shell asked City Attorney Oberholzer to comment regarding the adoption of an ordinance against the sale or rental of a movie entitled "Snuff". City Attorney Oberholzer stated his office was asked to investigate the possiblity of adopting an ordinance which would prohibit the sale or exhibition of snuff movies. The particular movie of concern was entitled "Snuff" and was viewed by City Attorney Oberholzer and two members of the Police Department to determine if it fell within some illegal category. There is presently a State Law which allows District Attorneys or the Attorney General's office to bring injunctive action against movies which depicts or is an actual killing or maiming of a human being. The penalties are minimal, and range £rom $200 to $1,000, but could also involve criminal acts for which a person could be prosectued under the Penal Code in addition to the exhibition of the movie itself. The makers of the movie could also be prosecuted for the criminal acts. In order to assess this problem his office consulted some other areas, particularly Orange County, which has been involved in trying to do something about this movie. In 1979 the Superior Court of Orange County ruled that this movie was not obscene. State Law requires that Bakersfield, California, October 6, 1982 - Page 7 proof be provided that actual human bodies are being mutilated and human beings are killed. Upon examination by the Orange County District Attorney's Office, it was concluded that no human mutilation was involved, but animal parts were used to simulate the maiming and killing. It was a very poor grade movie and the Orange County District Attorney's Office dropped the case after investigation and did not pursue injunctive release. Currently there is a State Law in effect in this area, therefore, our office does not recommend adoption of an ordinance at this time. REPORTS Councilman Rockoff, Chairman of the Budget Review and of Finance Committee, read Report No. 30-82, regarding Request Graybar Electric, Inc., as follows: This committee has reviewed the request submit- ted by Graybar Electric, Inc. for the approval of an Inducement Resolution for tax exempt bonds to construct a new facility in Bakersfield to replace their existing facility. During discussions with officials of Graybar, it was determined that the company had the financial ability to construct the facility without the financing assistance provided by a tax exempt bond issue. As a result, this committee has agreed it would be inappropriate for the City to underwrite this construction project through the use of a tax exempt bond issue authorized and sold by the City. It is, therefore, recommended the requested Inducement Resolution be denied. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 30-82, regarding Request of Graybar Electric, Inc., was accepted; and recommendations as outlined in the report, were approved. Councilman Christensen voted in the negative on this motion. Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 9-82 regarding Data Process- ing Division Reorganization, as follows: Bakersfield, California, October 6, 1982 Page 8 The Governmental Efficiency and Personnel Committee recently met with the City Manager and staff regarding the organizational struc- ture of the City's Data Processing Division. During our discussions, the City Manager informed us that over the past two years the City has acquired new computer hardware and implemented new systems throughout the various departments. With the installation of this new system, the City has been able to reduce this division from nine employees to four; however, as was pointed out by the City's original data processing consultant, Theorem, Inc., and again recently by Western Information Systems, the City should have a manager over this division with management skills and technical expertise to implement the completely integrated system the City is striving for. At the present time, City departments' infor- mation needs are not being met. In an attempt to rectify this situation, the City Manager has recommended, and we are in agreement, that a new classification of Information Systems Manager be created at a monthly salary range of $2,429 to $2,928. This would result in an annual cost of $45,000, however, for fiscal year 1982-83 the costs would be $22,500. In addition, we are recommending that the clas- sification of Computer Operations Supervisor be evaluated between now and the end of this fiscal year, and if necessary, the job speci- fications and salary should be adjusted commensurate with the job requirements. In order to effectuate this action, the Govern- mental Efficiency and Personnel Committee is recommending Council approval as follows: 1) Approval of this report. 2) Approval of the attached changes in the salary resolution. 3) Approval of the attached job specifications of Information Systems Manager. Upon a motion by Councilman Payne, Governmental Effic- iency and Personnel Committee Report No. 9-82 regarding Data Processing Division Reorganization, was accepted; and recommenda- tions as outlined in the report, were approved. Adoption of Resolution No. 115-82 of the Council of the City of Bakers- field amending Resolution No. 114-82 setting salaries and related benefits for officers and employees of the City of Bakersfield. Bakersfield, California, October 6, 1982 - Page 9 Upon a motion by Councilman Payne, Resolution No. 115-82 of the Council of the City of Bakersfield amending Resolution No. 114-82 setting salaries and related benefits for officers and employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong,Barton Noes: None. Absent: None. City Manager Kelmar stated he had planned to report on the City's participation, on an interim basis, regarding the main- tenance problems at 19th Street and Chester Avenue. However, in light of Councilman Ratty's comments, it will be more appropriate to discuss the matter at the time the whole interim problem is dealt with by the Voucher Approval Committee. CONSENT CALENDAR Councilman Rockoff stated he has concerns about Electrical Agreements, Items (i), (j), and (k), on the Consent Calendar. If the agreements can be terminated without notice, will this cause the City any problems financially or otherwise? City Manager Kelmar staled the weirs are being reconstructed through the Agricultural Water Division and suggested these items be deferred until an answer can be obtained to Councilman Rockoff's question. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1793 to 1948, inclusive, in the amount of $202,332.13. (b) DELETED. (c) Claim for Damages from Safeway Stores, Incorporated, 12200 Bellflower Boule- vard, Downey, (Refer to City Attorney) (d) Line of Sight Easement from Terry L. Moreland and Steven C. White, providing an easement for line of sight as required by the Planning Commission for Parcel Map No. 6594, located south of West Columbus Street, west of San Dimas Street. 10 Bakersfield, California, October 6, 1982 - Page 10 (e) (f) (g) (h) (i) (J) (k) Storm Drain Easement from Sill Properties, Inc., providing an easement for storm drain line as required by the Planning Commission for Parcel Map No. 6539, located one-quarter mile east of Pierce Road at the east end of Brittan Way. Application for Encroachment Permit from John D. Neighbors, 2500 Marshall Street, for construction of a four- foot high wood fence extending from the property line to the back of the sidewalk at 2500 Marshall Street. Plans and Specifications for resur- facing of portions of Montclair Street; between Stockdale Highway and Easton Drive; Stockdale Highway between E1 Rio Drive and Coffee Road; and Buena Vista Road between Fraser Road and Stockdale Highway. Plans and Specifications for resur- facing of portions of White Lane between Wible Road and Freeway 99; Calcutta Street between South "H" Street and Santa Cruz Street; and Benton Street between Planz Road and Lacey Street. Agreement between Tenneco West and City of Bakersfield authorizing the City to lay electrical lines across Tenneco West property from Chevron U.S.A. Facilities to the Rocky Point Diversion Weir and from Santa Fe Energy Company Facilities to the Beardsley Diversion Weir. (DEFERRED) Agreement between Santa Fe Energy Company and City of Bakersfield, permitting the City to tie into electrical service available on Santa Fe Energy Company property for the operation of the Radial Gates, Weir Lights and Telemetry at the Beardsley Diversion Weir. (DEFERRED) Agreement between Chevron U.S.A. and City of Bakersfield, permit- ting the City to tie into electri- cal service available on Chevron property for the operation of the Radial Gates, Weir Lights and Telemetry at the Rocky Point Diversion Weir. (DEFERRED) Bakersfield, California, October 6 1982 - Page ll 11 Upon a motion by Councilman Means, Items (i), (j), and (k) were deferred until the Council Meeting of October 25, 1982; and Items (a), (c), (d), (e), (f), (g), and (h) o£ the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None. Absent: None. ACTION ON BIDS Upon a motion by Councilman Strong, low bid of Wardlow Fire Equipment (for two items), in the amount of $4,709.58, and American Rubber Company (for two items), in the amount of $6,974.80, for Fire Hose, were accepted. Upon a motion by Councilman Christensen, low bid of Ray Gaskin Service, in the amount of $64,603.18, for 40,000 G.V.W. Three Axle Roll Off Bin Truck for Refuse Collection, was accepted, and all other bids rejected. Upon a motion by Councilman Rockoff, low bid of Granite Construction Company, in the amount of $221,428.20 for resurfac- ing portions of Christmas Tree Lane, Monterey Street, and Haley Street was accepted, all other bids rejected, and the Mayor author- ized to execute the contract. Upon a motion by Councilman Strong, low bid o£ James G. Francis, Contractor, in the amount of $365,210.00, for the Base Bid and Unit A, for resurfacing Ming Avenue and South "H" Street, was accepted, all other bids rejected, and the Mayor authorized to execute the contract. NEW BUSINESS First Reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakers- field located at the southwest corner of Planz Road and Madison Avenue. Bakersfield, California, October 6, 1982 - Page 12 This proposed amendment was initiated by the Planning Commission '~d would change subject property from an R-1 (One Family Dwelling) Zone to an M-1 (Light Manufacturing), and "P" (Automobile Parking), or more restrictive zones. This proposed zoning is consistent with the adopted Bakersfield Airpark Land Use Plan. First reading was considered given an Ordinance amend- ing Title Sevenfeen of the Municipal Code of the City of Bakers- field by changing the Land Use Zoning of that certain property in the City of Bakersfield located at the southwest corner of Planz Road and Madison Avenue. First reading of an Ordinance of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield, regard- ing prezoning of property known as Kern City No. 2 Annexation. This amendment would prezone those certain properties proposed for annexation to an R-1 (One Family Dwelling), R-2 (Limited Mulfiple Family Dwelling), R-3 (Limited Multiple Family Dwelling), C-O (Commercial and Professional Office), C-1 (Limited Commercial), and RE (Recreation), or more restrictive zones. The Planning Commission recommended approval of the pre-- zoning for the Kern City No. 2 Annexation territories. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding prezoning of property known as Kern City No. 2 Annexation. 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 con, only known as 101 Portales Real. The application for this amendment was made by J. R. Smeed and would change subject property from an R-1 (One Family Bakersfield, California, October 6, 1982 - Page 13 Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) or more restrictive zone. The Planning Commission recommended approval of this amendment, subject to the condition that two dwelling units shall be the maximum number of units constructed on subject property. First reading was considered given an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakers- field by changing the land use zoning of that certain property in the City of Bakersfield commonly known as 101 Portales Real. Approval of request from Public Works Department to retain two Street Sweepers as surplus equip- ment. The Equipment Superintendent is recommending that the Public Works Department retain two surplus street sweepers for spare parts and convert the cab and chassis to leaf rake machines to be used only during the Leaf Collection Program. The leaf rake machines would require very little maintenance and would permit the Public Works Department to continue the normal sweep- ing program through the leaf season. In the past, between October and February, the Public Works Department has used two sweepers solely for leaf collection. Upon a motion by Councilman Strong, request from the Public Works Department to retain two street sweepers, as surplus equipment, was approved. There being no Council, upon a motion by Councilman Christensen, adjourned at 9:10 P.M. ADJOURNMENT further business to come before the the meeting was ~ Cit~ Bake~ MAYOR of ATTEST: CITY C~E?~ ~E~Officio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, October 13, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City ttall at 8:00 P.M., October 13, 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 Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen Absent: None Minutes of the regular meeting of September 29, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Commander William McKibben and Mr. Burton Spickler, Disabled American Veterans, stated Mayor Shell was very instru- mental in building a memorial for Sergeant Larry Pierce, who was killed in Vietnam on September 20, 1965 and awarded the Medal of Honor, and all veterans who served in the Vietnam War. The memorial is located in the County Administration Building and was .... dedicated on June l, 1982. Commander McKibben and Mr. Spickler presented Mayor Shell with a plaque which reads "National Disabled American Veterans - Presented to Mary K. Shell for Outstanding and Unselfish Service to Disabled American Veterans." Mr. Art Powell, President of the Local Chapter of the N.A.A.C.P., stated he was not present to argue, lay fault or arouse emotions. The people who are present tonight are here to let the Council know they are a united community willing to work with the Council, their representatives and other organizations to solve problems in their community and they need help doing it. They are a community working together and want to continue to keep it to- gether. It should be realized there are problems in their community and the Bakersfield Police Department and everyone concerned should sit down and try to solve them. A meeting was held last night, some emotions were shown and the media played it up. They do not Bakersfield, California, October 13, 1982 - Page 2 15 want Councilman Vernon Strong to resign and they want to work with him. They want to work hand in hand with the City Council to bridge the gaps between them. They are asking that a fair investigation be conducted regarding an incident that occurred in which an 18 year old man was killed by a Police Officer in the Lakeview Area. Perhaps, they might of jumped the gun and been hasty in some matters, but they are willing to get back to work and let the legal ramifi- cations get into motion to try to solve the problem. The people of the black community are asking that the Council work with them to accomplish things for the good of everyone. Mr. Ralph Anthony, representing the Lakeview Community Development Corporation, stated they support Councilman Strong and do not want him to resign. A series of meetings have been held in the community for and against some very sensitive issues. In these meetings people have been gaining perspectives and they want to participate in eliminating problems and become assets. Mr. Anthony presented a budget for the Crime Prevention Proposal that the Lakeview Community Development Corporation submitted, along with a copy of a petition that is being circulated supporting the Lakeview Community Development Corporation in discussing, planning and negotiating with the City of Bakersfield and other necessary entit:[es to bring economic development through redevelopment of Census Tract 22. Abdul Rahime Ustafa Mohammed stated in order to solve the Police problem in the black community the City of Bakersfield should employ more black Police Officers. If more black officers were in the area a better relationship would be established, because blacks identify better with blacks than whites. If the Lakeview Area was beautified and some of the problems solved it would enhance the entire City of Bakersfield and be a better community because of it. Ed Ortiz Nance stated he is concerned over recent incidents that happened in the Cottonwood Area. He stated he is afraid if he Bakers£ield, California, October 13, 1982 - Page 3 addresses these issues, as a citizen, his children will grow up with a mistrust of the administration. As a representative of the Department of Fair Employment and Housing he would like it known they are available and can, if desired, offer their services to help deal with the problems presently facing the City. If requested, they can provide many services. Gregory Clemmons stated it seems the only time their community wants to help is when something happens. If problems are going to be solved the people are going to have to get behind Councilman Strong or they will not be solved. Councilman Strong has done a lot of things for the community that the people do not even know about. If people have a problem they should contact Councilman Strong, that is what he is there for. Councilman Strong is always willing to help and he is behind them one-hundred percent. Instead of getting together when something goes wrong, get together when they are right to be prepared. Stephanie Campbell, concerned citizen of the community and President of The Spirited Move, stated they are very much in favor of Councilman Strong staying on as their City Councilman. They are aware there is a problem in the community and it is suggested that a Civilian Review Board be established. The Civilian Review Board is an independent complaint receiving agency. It would consist of a 24 hour per day hot line, directly to the person in charge of these responsibilities. That person would also have the authority, through the Police Department, to be present while minority arrests are being made and the suspect is being booked. That person would have official recognition from the Mayor, City Manager and Police Chief to be the meditator between the person making the complaint and City government. The Civilian Review Board would participate in the induction of new Police Officers, be present during verbal interviews and ask questions regarding prejudices against minorities. They would be able to make Bakersfield, California, October 13, 1982 - Page 4 l? recommendations as to who is to be hired, along with the people in charge. The Board would act as liaison between the minority community and Police Department. The Board members would hold their positions for two years, after which the minority community would have the option of letting them stay in that position or electing new representatives. Mr. Moses Turner stated, as a concerned citizen for the Southeast part of Bakersfield, that Police brutality has been going on in their area for a long time. They do have problems they would like solved. Councilman Strong is respected and they hope he will remain on the Council to help them grow, because they have no other way. Mayor Shell stated the people in Census Tract 22 have been working since the middle of summer toward the best organized cleanup effort in the history of the City of Bakersfield. The cleanup effort is scheduled for this week and they need many more people to help. Saturday morning from 7:00 A.M. on, anyone who wants to help will be more than welcomed. Judge Alexander Robertson stated Councilman Strong does not represent just black people. Attention should be given to t~e entire Council, not just one individual. Concerns should be submitted to the whole Council. Councilman Strong has set an example for both the youth and elderly, and is an asset to the community. The community needs the Police Department and others. There is discrimination and prejudices, however, because one bad apple makes a mistake that does not mean the whole tree is bad. It is strongly suggested that with the love and effort God gave us to feel towards each other, the evil can be eliminated and everyone can work closer together as a County. Mr. Tyrone Turk stated he moved to Bakersfield this past summer from Southern California and has been working in the community on problems, etc. One of the main problems is the people need to Bakersfield, California, October 13, 1982 - Page 5 go out into the community and try to work with them. There are a lot of problems in the black community and unemployment is one of the main ones that has to be dealt with. There are a lot of people who want to work, but they need jobs. The black community is not asking for handouts, they want to work for what they get. The black community wants the Council to work with them and get behind them one-hundred percent, because they are one-hundred percent behind the Council. Mr. Robert Bethea stated there have been a lot of things said this evening. The constituents in Southeast Bakersfield have a lot of problems and there are a lot of problems that they are net aware of. One of the things they are not aware o£ is, the City has one of the best staffs they have had in a long time, who are trying to help. There are some problems in the black community that have to be solved by the black community before the City can be asked for help. A meeting will be held within the next l0 days in South- east Bakersfield and all the stones will be turned over so everyone will know what is going on. Many people, present tonight, are not aware of the amount of time City Councilmen put into their positions. ~e understands the problem regarding Columbus Holford, who was killed, but he does not want that problem used for someone elses gain. This is not the time nor the place. That matter will be taken care in our community. Columbus Holford's parents went to Councilman Strong's home today and ask him not to resign. Councilman Strong stated the incident that brought the people here tonight is very unfortunate, but it gives an opportunity for him to say things about this Council and staff. The people present tonight are looking at City Government, and it can be said, without any hesitation, there is not a man, on this Council or staff present on this podium, The City has one of the best this City has ever seen. It that condones Police brutality. Councils, City Manager and Mayor that is ludicrous and indefensible for Bakersfield, California, October 13, 1982 - Page 6 19 anybody to come down here accusing anybody of anything, which is outside the realm of good Americanism. Everyone wants to see a better Bakersfield. Last night at the meeting, held at the California Avenue Park Neighborhood Facility, he threatened to resign his post as Councilman of the First Ward. Last night was a very emotionally charged meeting. He was resigned all day to vacating his posiiton, even though he received literally hundreds of phone calls and visits from people asking him to stay. He was still going to resign this post because of what happened at that meeting, but he received a visit from the parents of Columbus Holford. They were not asked to come, in fact no one was asked to come. They urged him to remain on this Council as they would hate to remember the death of their son as being an incident which divided the black community. They said that if nothing else comes out of this that they would like to remember their son's death as something which brought the black community together to focus on a number of problems they have out there. Somebody mentioned the fact that more black Police Officers are needed. If the Council had ten or fifteen who would come forward they would be hired tonight. It is that way with a number of other problems that exist in the black community. Every.- one on this Council is looking for solutions. That would be a tremendous step in the right direction, if it could be done, but does anyone in the audience know of anyone. Does anyone know of any qualified young blacks who would like to become Police Officers? Then do not be so quick to point the finger, if you cannot be a part of the solution. Councilman Strong further stated he deliberated all day and still has not fully made up his mind about what he wants to do, but he received so many calls from people that if he were to resign tonight he would be letting them down. They have requested that he stay on, at least until they can get together in a meeting, resolve their differences and have someone who can accede to this Bakersfield, California, October 13, 1982 - Page 7 position who feels the same as he does, that everybody on this podium is looking for a better Bakersfield. Mrs. Holford, mother of Columbus Holford, stated Council- man Strong's statement tonight was not to get pats on the back. She and her husband went to Councilman Strong's home this afternoon to appeal to him to stay on the Council and represent the people of the First Ward. They requested that Councilman Strong look beyond the meeting that was held last night and see the overall needs that are there. Mayor She11 declared a brief recess at 8:50 P.M. and reconvened the meeting at 9:00 P.M. Mrs. Dorothy Hill stated she founded the Sunset Neighbor- hood Improvement District in 1975 and they were able to obtain enough signatures on a petition to qualify for Block Grant Funds. They meet at her home on Tuesdays, however, since the Lakeview Community Corporation is holding their meetings on Tuesdays and they have requested her help, she wil~ change the date o£ their meetings. She wanted to thank the Mayor, Council and staff for all the help they have given to their community and assure every- one the Police Department is needed. Mrs. tIill outlined the things that have been done to advertise the cleanup program going on in their community this week. She stated she was present tonight to give recognition to Councilman Strong and let him know how bad she felt over his plan to resign as Councilman of the First Ward. CORRESPONDENCE Upon a motion by Councilman Payne, communication from the Kern County Property Management Department, dated October 7, 1982, requesting a General Plan Amendment for property located at the northwest corner of Wible Road and White Lane, which is the present site of the County's Road Maintenance Yard, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Means, communication from Cornerstone Engineering, Inc., dated October 6, 1982, requesting Bakersfield, California, October 13, 1982 - Page 8 that the City of Bakersfield furnish paving and curb and gutter from the intersection of Georgia Drive along the acceleration lane north approximately 900 feet for the Calvary Bible Church on Manor Street, was received and referred to staff. Upon a motion by Councilman Payne, communication from San Joaquin Bank, dated August 26, 1982, requesting that the five parking spaces in the "K" Street Parking Garage assigned to We~ls Fargo Bank be leased to San Joaquin Bank, was received and referred to the Business Development and Parking Committee for study and recommendation. Upon a motion by Councilman Rockoff, communication from Tantillo and Associates, 2206 West 29th Street Terrace, Topeka, Kansas, dated October 5, 1982, requesting Industrial Revenue Bonds for construction of a new family Pizza Hut Restaurant in Bakersfield, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Rockoff, communication from Safeway Stores, Inc., dated October 7, 1982, requesting their proposed development at the corner of Highway 178 and Oswell Street be con- sidered for tax exempt bond financing, was received and referred to the Budget Review and Finance Committee. COUNCIL STATEMENTS Councilman Christensen read a letter from Black Angus Motor Inn, 333 Union Avenue, Bakersfield, dated October 13, 1982, into the record, as follows: Attention: All Concerned Bakersfield Citizens For whatever it may be worth, I most ardently urge those who may have political influence or practical persuasion to assure that Vernon Strong does not resign his position of Bakers- field City Councilman. You need him, I need him and this entire City needs him to remain as he is .... in the midstream of City Government. Those who tend to blame Mr. Strong for all the community problems and doubt his lack of enthusiasm in expressing total concern for his confluents are grossly misinformed. I have seen Vernon in "action" in the Council Chambers Bakersfield, California, October 13, 1982 - Page 9 and I am thoroughly convinced he has to apologize to no one for his efforts in representing his ward with true dedication. It must be remembered that Mr. Strong is the sole minority sitting in the Council and he fights tremendous odds in his efforts. If he is replaced there is no assurance a black will be appointed or elected. It must be likewise remembered that merely wishing for changes in Police Force tactics, zoning and the like is easier done than the actual legislation passage required to affect the changes desired. Vernon is only one voice and though loud it is, he must convince five other Council members, the Mayor and City Attorney. Probably the cohesive force and voice of those he represents is his best tool in serving his ward. For certain, he or NO OTHER who might replace him can do it alone. Perhaps it is time that those who accuse and doubt Mr. Stong do a proper job of investigating his record before they chastize him without justifiable reasons. Do not foolishly cast aside this good man who acts on your behalf. A little soul searching is in order in this matter, please do it wisely. Respectfully, SID G. HI~tLEY Property Manager Black Angus Motor Inn. Councilman Payne stated he is very happy Councilman Strong decided to remain on the Council. It is hoped, despite the comment he made tonight, that he remain permanently and not just for an interim period of time. Councilman Strong has done a tremendous job for the community and is very dedicated. It is regretful that an incident of this nature had to occur before the community realized what a fine job he has done representing his Ward. Councilman Payne further stated he agrees with a lot that was said tonight, but one fact has to be kept in mind. No deter- mination has been made and the investigation has not been concluded as to the rightfulness or wrongfulness of the incident that led to this situation. If it is determined the Police Officers were wrong, then they must and shall be disciplined. On the other hand, if the Police Officers were justified they have to be supported one-hundred Bakersfield, California, October 13, 1982 - Page percent by the Council, regardless of public opinion. There were some great ideas presented by the people tonight, but one he cannot condone, and will go on records in opposition to, is a Civilian Review Board and will do everything he can to see it is not imple- mented. Councilman Christensen stated the loss of Vernon Strong to the black community and the City wou~d be a most tragic event. Councilman Christensen stated he has served on the Council for almost 8 years and seen Councilmen come and go, and he would rank Councilman Strong at the top. Councilman Strong is intelligent, compassionate, honest, wears well with his fellow men, has a great love for not only his nation, state and city, but for his race and most of all his community. Councilman Strong is held in high esteem by this Council and City staff. Dumping Councilman Strong, via pressure, resignation or recall would be like "cutting your nose off to spite your face," and that should not be done. Councilman Means stated he agrees with what Councilmen Payne and Christensen have said, and it would be very unfortunate for Councilman Strong to resign prior to the end of his term. Councilman Strong has done an excellent job as a Councilman repre- senting this City and it is very important for him to know the rest of the Council supports him staying until the end of his term. Councilman Barton stated he is very p~eased that Council.- man Strong has reconsidered the resignation and will continue to serve not only his Ward, but the entire City. Mayor Shell stated she is very pleased Councilman Strong is staying on the Council and she appreciates his very cautious deliberations of all matters that come before the Council. Council- man Strong has been a real credit to the City of Bakersfield and black community. Mayor Shell complimented Public Works Director Hawley and the Community Development Department for the effort they have ex- pended in a very well organized cleanup effort of Census Tract 22. Anyone wanting to help will be more than welcome. 24 Bakersfield, California, October 13, 1982 - Page Upon a motion by Councilman Barton, Budget Transfer, in the amount of $1,500, from the Council Contingency Fund to the appropriate account to allow Director of Public Works Hawley to participate in a Solid Waste Advisory Committee field trip, was approved. Councilman Payne stated the Council designated him to be the City of Bakersfield's voting delegate at the League of California Cities Annual Conference in San Diego next week and he will not be able to stay for the entire conference. Upon a motion by Councilman Payne, Councilman Christensen was appointed as the City's voting delegate for the League of California Cities Annual Conference in San Diego next week. NEW BUSINESS Adoption of Resolution No. 116-82 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon local agency jurisdictional change resulting from Annexation No. 285, LAFCO Pro- ceeding No. 792 (Rio Bravo No. 2). Rio Bravo No. 2 Annexation cannot be processed until there is a negotiated exchange of Property Tax Revenues between the City and County. The Council will, by resolution, agree to the exchange of Property Tax Revenues. After the City and County adopt resolutions for the exchange of Property Tax Revenues, as provided in this resolution, the annexation can continue to be processed. Upon a motion by Councilman Rockoff, Resolution No. 116-82 of the Council of the City of Bakersfield providing for the adjustment of Property Tax Revenues upon local agency jurisdictional change resulting from Annexation No. 285, LA~FCO Proceeding No. 792 (Rio Bravo No. 2), was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: Councilman Strong Bakersfield, California, October 13, 1982 - Page 12 2.6 HEARINGS This is the time set for public hearing before the Council on an Appeal by Victor M. Bonilla to the decision of the Board of Zoning Adjustment regarding a condition placed on a Conditional Use Permit, requiring that a masonry wall six-feet in height decreasing to a three-foot height, ten-feet from the alley be provided along both side property lines adjacent to paved parking area at 223 Monterey Street. This hearing has been duly advertised and the property owners notified as required by law. Subject property, as well as adjacent properties, are zoned M-1 (Light Manufacturing), but developed with residential uses. A majority of the Board members felt the walls should be required between the proposed parking areas and the adjacent residential uses. Mayor Shell declared the hearing open for public partici-- pation. Mr. Victor Bonilla, the applicant, stated he cannot under- stand the logic of the Board of Zoning Adjustment making someone erect a masonry wall in this particular area and cannot see the reason for it. This area is zoned M-i, which does not require a masonry wall. He cannot see paying the extra $3,600 for that wall when it will not benefit anyone. Mr. Bonilla requested that the condition for the masonry wall be lifted. No further protests or objections being received and no one wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Planning Director Sceales stated this area is developed as residential, although it is zoned industrial. The two Board members who voted for the wall looked at it as a residential area and not as an industrial area, and the ordinance requires a wall in residential areas. Bakersfield, California, October 13, 1982 - Page 13 Upon a motion by Councilman Rockoff, Zoning Resolution No. 293 of the Council of the City of Bakersfield denying appeal of Victor M. Bonilla from Board of Zoning Adjustment decision imposing a requirement of a masonry wall as a condition to a Conditional Use Permit to permit a fourplex apartment unit on that certain property commonly known as 223 Monterey Street, was adopted by the following roll call vote: Ayes: Councilmen Means, Ratty, Rockoff, Barton Noes: Councilmen Payne, Christensen Absent: Councilman Strong This is the time set for public hearing regarding Amend- ment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and Proposed Environmental Documents concerning the following general areas: Segment I: S. A. CAMP COMPANIES has applied to change the Office designation to Commercial for 0.37 acre located at the northeast corner of 23rd Street and "E" Street. Segment II: ADA HILL has applied to change the Low Density Residential desig- nation (2 - 5 dwelling units per gross acre) to Commercial for 1.83 acres located between Stine Road on the east and the Farmer's Canal on the west, near the intersection of Stine Road and Harris Road. Segment III: THE CITY OF BAKERSFIELD has applied to change the Open Space designa- tion to Industrial for 2.1 acres located in the vicinity of the southwest corner of Planz Road and Madison Street. Segment IV: EAST BAKERSFIELD ASSOCIATES has applied to remove a condition requiring P.C.D. (Planned Com- mercial Development) Zoning for an 8.77 acre area approved to the Commercial designation in General Plan Amendment 3-79, Segment IX regarding the Eastside Shopping Center for property located adjacent to the Highway 178 off- ramp and drainage facility on the north, Oswell Street on the east and north of Bernard Street. Bakersfield, California, October 13, 1982 - Page 14 Segment V: THE CITY OF BAKERSFIELD has applied to change the Low Density Residen- tial (2 - 5 dwelling units per gross acre), Medium Density Resi- dential (6 - 15 dwelling units per gross acre), and Office designations to High Density Residential (16 - 45 dwelling units per gross acre) for approximately 650 acres located in 20 areas. This hearing has been duly owners notified as required by law. advertised and the property The Planning Commission approved Negative Declarations for Segments I, II, III, IV and V, and recommended approval of Segments I, II, III, IV and V. A letter has been received from F. R. and Virginia L. Doll, 5261 Stine Road, #176, in opposition to Segment II. Mayor Shell declared the hearing open for public partici- pation on Segment I. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Mayor Shell declared the hearing open for public partici- pation on Segment II. Councilman Payne stated he talked to Mrs. Virginia Doll and the reason they oppose Segment II is that there is already a vacant completed commercial office building directly across the street. They also felt the zoning is improper next to a mobile home park. Councilman Payne and Planning Director Sceales felt that although commercial is not the best use for this property, it is totally worthless as far as residential is concerned. It is probably unmarketable if it is zoned anything other than commercial. Mrs. Ada Hill, applicant, stated the property is useless for housing, because if that is going to be a busy corner houses should not be placed there. Mrs. Hill requested that the commercial designation be granted. Mr. Judge Robertson stated if a business is placed on that property people would be employed and that is another con- sideration. Bakersfield, California, October 13, 1982 - Page 15 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. Mayor Shell declared the hearing open for public partici- pation on Segment III. No protests or objections being received, the public portion of the hearing was closed for Council delibera- tion and action. Mayor Shell declared the hearing open for public partici- pation on Segment IV. Mr. John Brock, Partner of East Bakersfield Associates, spoke in favor of removing the P.C.D. zoning condition on the 8.77 acre parcel and requested that the Council approved the request. No protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Councilman Rockoff called attention to an amended resolution approving Segment IV. Mayor Shell declared the hearing open for public partici- pation on Segment V. Mr. John Moore, resident of Parkway Avenue, which is Section 8 of Segment V, stated he lives in an area that is zoned Medium Density and he hopes this change to High Density does not mean apartments will be built next to his home. Planning Director Sceales stated Mr. Moore lives in an area that is located between Oleander Avenue and "A" Street, one block south of California Avenue. This property, as well as many other parcels of property in older areas of Bakersfield, are zoned R-3 for multiple family dwellings. The City is attempting to conform the General Plan to the present zoning. It is recommended that this block be removed and Mr. Moore get a petition signed by his R-l, R-3. neighbors requesting that the General Plan be changed back to Low Density Residential. The present zoning in that block is Bakersfield, California, October 13, 1982 - Page 16 29 No further protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deli- beration and action. Upon a motion by Councilman Barton, Resolution No. 117-82 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment I of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Element 2-82), was adopted by the following roll call vote: Ayes Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes None Absent: Councilman Strong Upon a motion by Councilman Payne, Resolution No. 118-82 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment II of proposed amendment to the Land Use E~ement of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-82), was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: Councilman Strong Upon a motion by Councilman Payne, Resolution No. 119-82 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment III of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-82), was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Means, Payne, Ratty, Christensen None Councilman Strong Rockoff, Barton, Bakersfield, California, October 13, 1982 - Page 17 Mr. Wayne Jackson, representing Ernest Hahn a General Partner in East Bakersfield Associates, stated they would like to be able to review the restrictions placed on the property in Segment IV, because there are other beneficial uses for the property that would not be opposed by the City that are not listed in the C.C. & R.'s, when they apply for rezoning. City Attorney Oberholzer stated the resolution presented to the Council by Councilman Rockoff advises the proponents and all interested parties that it is the intention of the Council that the conditions may be applied to any rezoning of the property. This expresses the intent that the Council is considering the conditions and the applicant can contest them. The conditions are not being imposed at this time. The applicant is just being put on notice that when they apply £or the zoning on Segment IV, that the Council intends to consider them. Upon a motion by Councilman Christensen, Resolution No. 120-82 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment IV of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-82), as proposed by Council- man Rockoff, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: Councilman Strong Upon a motion by Councilman Payne, Resolution No. 121-82 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment V of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-82), was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: Councilman Strong Bakersfield, California, October 13, 1982 - Page This is the time set for public hearing on Resolution of Intention No. 959 of the Council of the City of Bakersfield de- claring 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 hearing has been duly posted. The application for this vacation o£ a portion of McCall Avenue was requested by Ken Lifquist of Karpe Associates. 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 Barton, Resolution No. 122-82 of the Council of the City of Bakersfield ordering the vacation of a portion of McCall Avenue between Wible Road and State Route 99 in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: Councilman Council, adjourned Strong ADJOURNMENT There being no further business to come before the upon a motion by Councilman Christensen, the meeting was at 10:20 P.M. ~lty ~f~akersf~ MAYOR of Calif. ATTEST: CITY CLERK arid Ex Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, October 27, 1982 of Hall at 7:00 P.M., October 27, 1982. The meeting was called to order by ~ayor Shell, by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Minutes of a regular meeting of the Council of the City Bakersfield, California, held in the Council Chambers of City ~4ayor Shell. Councilmen Payne, Ratty, Rockoff, Barton, Christensen followed Strong, Absent: Councilman ~eans ~inutes of the joint meeting of October 5, 1982, and regular meetings of October 6 and 13, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Woody Bryant, owner of the Toy Circus located at 22nd Street and Chester Avenue, stated a decision was made several weeks ago by Golden Empire Transit to locate their off-street bus terminal at the site of the Toy Circus, which would eliminate his business, because there is not another building of that size in Bakersfield for relocation purposes. It would also eliminate his warehouse, swimming pool and parking facilities at 22nd and Eye Streets. If he is forced to close his business it would put approximately 70 employees out of work. An alternative decision could be made that would be more conducive to shoppers, attract more people downtown, generate development and be beneficial to the entire community. Mr. Bryant suggested that the Chester Avenue Transit ~ay be selected and indicated he had a petition signed by 82 downtown property owners and business people stating that they are not in favor of locating the transit terminal at 22nd Street and Chester Avenue, and they are in favor of the Chester Avenue Transit Way. Mr. Bryant requested that the Council give new direction to the Board of Directors of the Golden Empire Transit District for consideration of the Chester Avenue Transit Way. Bakersfield, California, October 27, 1982 - Page 2 Councilman Ratty stated he feels there has been a change of mood over the past several weeks regarding the 21st Street site for the bus terminal, compared to the Chester Avenue Transit Mall. The Chester Avenue Transit Mall would make a dramatic change to Downtown Bakersfield. He could understand the opposition if the downtown business people did not want it, but almost all of them support the Chester Avenue Transit Mall concept. This concept will aid downtown business, improve the environment and it might be the very thing that will trigger redevelopment. Councilman Ratty made a motion that the Council reconsider the options and go on record in support of the Chester Avenue Transit Mall concept. Councilman Payne stated he agrees it is time to rea~sess the Council's previous decision, although a site location was not discussed. The G.E.T. Board asked that the Council indicate whether? or not they preferred the off-site facility, full terminal or the mall. The majority of the Council indicated they preferred the full terminal. He will not support a motion that strictly states the Council wants a downtown Chester Avenue Mall. He is in favor of the site at 19th and "K" Streets, and would be willing to support a motion that indicates that site as the Council's first choice. In the event any of the studies show that is not a viable location, as a second choice, he would support the Chester Avenue Mall concept. Councilman Barton stated he feels the same way Council- man Payne does and opposes the 21st Street site. His first choice would be the 19th and "K" Streets site, and would support the Chester Avenue Mall as a second choice. Councilman Barton requested Councilman Ratty to amend his motion to state the Council's first choice is the 19th and "K" Streets site, the second choice is the Chester Avenue Mall and not recommend the 21st Street site. Councilman Ratty stated moving the patrons off Chester Avenue would be a mistake and felt the Council should make a commit-- merit to the downtown mall. Bakersfield, California, October 27, 1982 - Page 3 Councilman Rockoff stated he still opposes the mall concept and can see the viability of using a site at 19th and "K" Streets, rather than the 21st Street and Chester Avenue site. Councilman Strong requested a division of the question of whether the Council prefers a terminal or mall concept. He would like the matter to be c~eared up, once and for all, that the Council support either a ma~l concept or off-street terminal. Councilman Ratty amended his motion that the Council go on record supporting the transit mall, if the 19th and "K" Streets off-site terminal is not selected by Golden Empire Transit. Councilman Christensen stated he wants an off-street terminal. In answer to questions by Councilman Payne, Mark Gibb, Director of Kern County Council of Governments, stated the G.E.T. Board has directed the consultant to prepare a grant application for the 21st Street site and it must be completed before the end of the calendar year. The G.E.T. Board has been talking to some fast food restaurant operations and they are considering that type of facility at the 21st Street site to offset some of their operating costs. Councilman Christensen requested a division of the question on whether the Council wants an off-street terminal or a street mall. He is against the 21st Street and Chester Avenue site, but definitely favors an off-street terminal and does not want the mall. Councilman Payne stated he is in favor of the off-street terminal, but not at 21st Street and Chester Avenue. If he has to take one'of those choices he wil~ give up the off-street terminal to keep it off 21st Street and Chester Avenue. Councilman Christensen requested that the motion be divided into three parts. Councilman Ratty's motion that the Council go on record in support of an off-street terminal at 19th and "K" Streets, was unanimously approved. Bakersfield, California, October 27, 1982 - Page 4 8.5 Councilman Ratty's motion that the Council go on record supporting the Chester Avenue Mall, in the event the 19th and "K" Streets terminal is rejected, was approved by the following roll vote: Councilmen Payne, Ratty, Barton, Mayor Shell call Ayes: Noes: Absent: Councilmen Rockoff, Strong, Councilman Means Pursuant to Section 14 of case of a Christensen that in deciding vote, Mayor Shell voted Aye. Councilman Barton made a motion that record in opposition to the off-street site at the City Charter, which states tie vote by the Council the Mayor shall cast the the Council go on 21st Street and Chester Avenue. This motion was approved with Councilman Rockoff voting in the negative. Councilman Strong stated he wants it very clearly stated in the minutes that the Council is opposed to the recommended site of 21st Street and Chester Avenue. He does not want the vote to be misconstrued to mean that he wants the 21st Street and Chester Avenue site if the other site is rejected. Councilman Strong made a motion that the Council not support the suggested location of 21st Street and Chester Avenue. This motion carried by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes: None Absent: Councilman Means Councilmen Rockoff and Ratty stated that this matter is not a power play on who is going to make the decision. It is simply to give the G.E.T. Board some direction as to the Council's feelings on the matter. The Council is not trying to dictate to the G.E.T. Board, because they will be making the final decision. Councilman Strong suggested that in the G.E.T. Board's deliberations that serious consideration be given to the study, Bakersfield, California, October 27, 1982 - Page 5 which has been ignored, that justifies to some extent the Council's position in making a determination. Mr. Jim Sears, 2000 - 18th Street, stated he is one of the owners of the Kern City Golf Course and would like to defer his comments until the Council considers the recommendation that the ordinance prezoning the Kern City No. 2 Annexation be referred back to the Planning Commission. Mr. and Mrs. Arthur Kay, 47 East Hills Drive, submitted petitions, containing 730 signatures, requesting installation of traffic signals at the intersection of Oswell and Bernard Streets, and outlined the traffic conditions surrounding this area. Wanda Earls, Manager of Guarantee Savings at Oswell and Bernard Streets, stated she was present tonight because she is concerned for the safety of her employees, customers and herself, who use this intersection on a daily basis. Mr. Dee Wong, 4009 Sill Place, expressed his concern for the safety of the children who have to use the intersection of Oswell and Bernard Streets to go to and from school. Mr. Bill Wonderly expressed his concern for the safety of the school children who have to use the intersection of Oswell and Bernard Streets to go to and from school, and requested that the traffic signals be installed. Director of Public Works Hawley stated the Traffic Section reviewed this intersection several times in the past and it did not meet the warrants. However, there has been a substantial increase in the last few months and since school started studies of the intersection have been made. Most of the field work is completed and a report to the Council should be ready by the Council Meeting of November 10, 1982. Upon a motion by Councilman Rockoff, petition requesting installation of traffic signals at the intersection of Oswell and Bernard Streets, was received and referred to staff for study and recommendation back to the Council at the meeting of November 10, 1982. Bakersfield, California, October 27, 1982 - Page 6 Mr. Larry King, Commander of Veterans of World War I, 519 "F" Street, read a proclamation from the Mayor declaring November 22-28, 1982, as Red Apple Fund Solicitation Week to aid the veterans of World War I. Mr. Richard Harrison, 138 Spruce Street, stated there are numerous services the citizens are not getting from cable television and suggested that a committee o£ the Council or citizens be formed to investigate the matter. Mrs. Pat Searles, stated they receive service problems they have had with resident of Southwest Bakersfield, from Cox Cable TV and outlined the rudeness of their employees, lack of a cable tv guide and being placed on hold on the telephone and left hanging. She went into their office and was told they have only two employees to answer seven lines and would have to see the General Manager regarding the rudeness of the employees. She and her husband talked to Howard Channell, General Manager, regarding the lack of employees to handle incoming calls. He told them he had two employees for the seven lines, he hired a third employee and plans to hire another. He told them they did not have enough people to handle all incoming calls and his hands were tied, because the corporation has instituted a hiring freeze. They were told the equipment is being changed and in areas where the switch- over has been completed they do not have complaints. Mr. Channell also told them, if everyone dropped their service in this area that the gross profit for Bakersfield is like a drop in the bucket to the corporation and they just the Bakersfield consumer? If they should be required to do do not care. Where does that leave they are going to serve the public it properly. Councilman Rockoff stated he is really upset because he feels he has been lied to. Mr. Channell has been asked if he had sufficient people for the telephone lines and he told them he has. Mr. Channell's superiors have disclaimed any knowledge or partici- pation in cost cutting. Based upon Mr. Channell's comments to Mrs. Bakersfield, California, October 27, ~982 - Page 7 Searles it indicates there is a corporate decision that Cox Cable is not going to give the service that people are paying for. If the City has been lied to he will recommend that the City Attorney do everything possible to eliminate Cox Cable TV's service. ~r. Howard Channell, General Manager of Cox Cable TV, stated the day Mrs. Searles came ~nto their office he had four employees manning the phones. Their service is too complicated to hire temporary employees. There are nine employees in the office capable of answering the phones and he has never lied to the Council. Councilman Ratty stated he is just as upset as Council- men Rockoff. He has sat in the same meetings and heard the same stories and believes Mrs. Searles. Councilman Payne stated the cable tv companies should be able to respond to the accusations before they are berated in public to see if there are legitimate explanations to these situations. It maybe a good idea for the Council to form a standing committee just to address the cable tv situation. Mrs. Ruth Gelman, subscribed to Warner Cable TV, stated this situation has been going on for a long time and suggested that the City specify a nonexclusive franchise that legally guarantees the service to customers that they want to buy and auction the new franchise to the highest, up front, cash bidder, including the present franchise holders. CORRESPONDENCE Upon a motion by Councilman Strong, communication from the Board of Directors of Kern City Golf Course requesting an amendment to the General Plan for the Kern City Golf Course, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Strong, communication from Edward L. Myers & Sons Construction, Division of MyKing, Inc., Bakersfield, California, October 27, 1982 - Page 8 dated October 27, 1982, regarding Community Development for the City of Bakersfield, specifically Lakeview Area and Census Tract 22, was received and referred to the Budget Review and Finance Committee. COUNCIL STATEMENTS statement Councilman Christensen read the following prepared and motion regarding dissolving the Redevelopment Agency: I, as one Councilman, feel the City of Bakers- field has a very unique opportunity which most other cities have not been able to accomplish - to have a strong, viable downtown. Downtown Bakersfield is basically in the center of the urban area and should be an attractive and desirable place for people to shop and work. I also feel that any direction this City takes should be the responsibility of the elected officials, the City Council. Downtown Redevelop- ment has basically been delegated to the Bakersfield Redevelopment Agency, and in realty we have a duplication of effort as Council must approve all major actions. We are at a very critical time where strong, quick action is required in order to achieve downtown redevelop- ment. I believe we need to create an atmosphere in the community where developers feel the City, i.e., governing body, is receptive and would encourage proposals for projects in the down- town area and will utilize all reasonable means to assist them in accomplishing their projects. I feel the City Council is the appropriate body to accomplish these goals. As a result, I would move the City Council begin the appropriate action to dissolve the Redevelopment Agency and declare itself to be the Redevelopment Agency. This motion is not intended to be disparaging in any way to the past or present members of the Redevelopment Agency who have worked long, hard and diligently, but simply to place the responsibility where it lies. In fact, there are only about six cities in the State that have separate redevelopment agencies. City Attorney Oberholzer stated the Council can commence action to dissolve the Redevelopment Agency and declare the City Council the Redevelopment Agency. There are certain procedures that must be followed, such as, a noticed public hearing on an ordinance to be adopted naming the City Council as the Redevelop- ment Agency and a report must be prepared to show the reason the Council is assuming the responsibilities. 4O Bakersfield, California, October 27, 1982 - Page 9 City Manager Kelmar requested that the staff be allowed time to review the procedures and come back to the Council with a recommendation at next week's meeting. Councilman Christensen's motion that the City Council begin the appropriate action to dissolve the Redevelopment Agency and declare itself to be the Redevelopment Agency, was approved by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes: None Absent: Councilman Means Dr. Richard Bilas, member of the Redevelopment Agency, stated he is very pleased to see the Council take this action. He made the same motion at a Redevelopment Agency Meeting and it died for a lack of a second. He wanted to remind the Council to remember, when this is being considered, that there are people who believe very strongly in private property rights. Mayor Shell read a letter from Gene Winer, member of the Redevelopment Agency, resigning his posiition on the Redevelopment Agency, effective immediately. Upon a motion by Councilman Barton, resignation of Gene Winer from the Redevelopment Agency, was accepted and the Mayor was authorized to write a letter of appreciation for his years of service to the City of Bakersfield. REPORTS Councilman Payne, member of the Business Development and Parking Committee, read Report No. 12-82 regarding Off Street Parking Requirements for Restaurant at 1525 - 19th Street, as follows: The City's off street parking requirements are set forth in the City of Bakersfield Municipal Code, Chapter 17.58. The Code requires a total of seven off street parking spaces for a restaurant on the property at 1525 19th Street. That requirement may be satisfied by Bakersfield, California, October 27, 1982 - Page 10 41 leasing of off street parking spaces within 500 feet of the restaurant. The City also permits the restaurant to pay "in lieu parking fees" instead of being required to provide the parking spaces. The "in lieu parking fee" is $7,000 per parking space, payable over a 20 year period, interest free. At the Council Meeting of October 6, 1982, Mr. Bill Dolan, on behalf of the proprietors of the Wing Wah Care, located at the above address, requested the City Council repeal Chapter 17.58 of the City Code, especially as it applies to the in lieu parking fees and the 500 foot perimeter set for the leasing of off street parking spaces. He also requested the City Council conduct a study to discover a more equitable means to solve the downtown parking problem and adopt a policy of restraint in the enforcement of the ordinance provisions. The matter was referred to the Business Development and Parking Committee for study and recommendation. This Committee has met to review the matter with members of City staff. A review and dis- cussions included such items as the reasoning behind the ordinance (including in lieu fees), the need for off street parking in the downtown area, and whether the fees and amounts per space are appropriate. During our discussion, we noted the off street parking requirements were established to assist in relieving the shortage of parking spaces in the downtown area as the downtown area grew and developed. So as not to restrict development of the downtown area where businesses were unable to provide off street parking, the in lieu parking fees were established and those fees would in turn be used by the City to develop off street parking. Additionally, since the fee amortized over 20 years amounts to less than $30 per month, this Committee has concluded the fee to be reasonable and appropriate. Therefore, this Committee recommends the request of the proprietors of the Wing Wah Care be rejected. We further recommend the City Council continue to maintain policy of enforcement of the ordinance pertaining to off street parking and no revisions or changes be made to the ordinance at this time. Mr. William R. Dolan, 2208 - 20th Street, read a letter requesting that the Business Development and Parking Committee pursue the study of an effective Parking Management Plan to ensure fuller use of existing parking lots near the downtown area and seek means to discourage employees and owners of downtown businesses from parking in areas adjacent to downtown business places. Bakersfield, California, October 27, 1982 - Page Upon a motion by Councilman Payne, Business Development and Parking Committee Report No. 12-82 regarding Off Street Parking Requirements for Restaurant at 1525 - 19th Street, was accepted; request of proprietors of the Wing Wah Cafe, was rejected; and the Council will continue to maintain a policy of enforcing the ordinance pertaining to off street parking and no revisions or changes will be made to the ordinance at this time. Upon a motion by Councilman Barton, letter from Mr. William R. Dolan requesting that the Business Development and Parking Committee pursue the study of an effective Parking Manage- ment Plan to ensure fuller use of existing parking lots near the downtown area and seek means to discourage employees and owners of downtown businesses from parking in areas adjacent to downtown business places, was received, ordered placed on file and referred to the Business Development and Parking Committee. Councilman Rockoff, member of the Business Development and Parking Committee, read Report No. 13-82 regarding Request of San Joaquin Bank to Assume Five Parking Spaces in the "K" Street Garage, as follows: Recently, San Joaquin Bank established a branch operation on the property located at 1301 - 17th Street. The property was previously occupied by Wells Fargo Bank. Wells Fargo Bank had an agreement with the City of Bakersfield to use five parking spaces in the "K" Street Parking Garage. On October 13, 1982, the City Council received correspondence from San Joaquin Bank requesting the City Council approve the assignment of the referred to five parking spaces from Wells Fargo to San Joaquin Bank. The City Council referred the matter to this Committee for study and recommendation. This Committee has examined the request as well as reviewed the existing lease agreement with members of City staff. Although we concluded an assignment of the five spaces as well as the terms of the existing agreement would not be in the best interest of the City, a lease agreement between the City of Bakersfield and San Joaquin Bank for the five parking spaces, consistent with terms and conditions contained in other such leases, would be appropriate. Bakersfield, California, October 27, 1982 - Page 12 The fee would be $30 per month per space (as is the other monthly lease spaces in the garage) and would be subject to increase from time to time as parking fees would be increased through- out the "K" Street Garage. Staff has reviewed these terms with Mr. John Hansen, Vice President of San Joaquin Bank, and he considers them to be acceptable. Therefore, this Committee recommends the City Council: Reject the request for assignment of the five spaces outlined in Agreement No. 75-104 between the City o£ Bakersfield and Wells Fargo Bank. Approve and authorize the Mayor to execute the agreement for the leasing of five parking spaces in the "K" Street Parking Garage. Upon a motion by Councilman Rockoff Business Development and Parking Committee Report No. 13-82 regarding Request of San Joaquin Bank to Assume Five Parking Spaces in the "K" Street Garage, was accepted; request for five spaces as outlined in Agreement No. 75-104 between the City of Bakersfield and Wells Fargo Bank, was rejected; and Agreement between the City and San Joaquin Bank for five parking spaces in the "K" Street Parking Garage, was approved and the Mayor was authorized to execute same. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 31-82 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 11 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. In February, 1982, the City Council approved further changes in the curfew by changing the curfew to ll p.m. to 5 a.m. The City Council further requested the parks continue to be monitored by staff and this Committee report back to the City Council in June, 1982. Pursuant to Council direction, this Committee further evaluated the matter while reviewing the Police Department's budget request for 1982-83. The Committee felt a final report would be premature at that time, and recommended the City Council continue to defer action on 44 Bakersfield, California, October 27, 1982 - Page i3 alcoholic beverage consumption in City parks through September, 1982. The recommendation was approved by the City Council on July 7, 1982. As directed, this Committee has met with members of staff, including the Chief of Police. The Chief of Police advised this Committee that the Police Department has been enforcing the curfew and has not encountered problems such as were being experienced in the past. It was con- cluded by the Chief of Police that the present curfew is manageable and enforceable. Therefore, this Committee recommends the City Council take no further action with regards to modifying City ordinances affecting alcoholic beverage consumption and curfew in the City parks. Further, we recommend City staff continue to monitor City parks and report back to this Committee with recommended changes, should conditions warrant. Upon a motion by Councilman Rockoff, Budge~ Review and Finance Committee Report No. 31-82 regarding Alcoholic Beverage Consumption and Curfew in City Parks, was accepted; and recom- mendations as outlined in the report, were approved. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 32-82 regarding Cable T.V., as follows: Recently, the City Council referred the matter of cable television service problems to the Budget Review and Finance Committee for study and recommendation. This Committee has had numerous meetings to review and discuss cable T.V. and any and all related problems. Our meetings included the City staff and local as well as regional management personnel from the cable companies. Pursuant to our discussions, we concluded, while complaints received by Council members and City staff from time to time were various as well as numerous, there are three major areas of concern where complaints were the heaviest. Those three major areas are: Telephone Service - subscribers have complained that personnel answering the phones at the cable office are dis- courteous, telephone lines are always busy, and they are frequently placed on "hold" and no one comes back to the phone. 2. Repair Service subscribers have complained that requests for repairs have not been Bakersfield, California, October 27, 1982 - Page 14 handled expeditiously, repeated visits are necessary by repair personnel to correct problems, and repair personnel have been discourteous. Program Listings subscribers have com- plained that recent changes in service by the cable companies have resulted in their having to purchase program listings and listings of new services not being published in the local newspaper. As we reviewed various problems, we felt there were several things the City and the cable companies could do in an effort to relieve and hopefully eliminate present as well as future problems. First, it was a consensus that we establish a formal complaint procedure for cable company response to customers' com- plaints. Second, we felt a method of having cable subscribers communicate to the City with regards to service response, etc. (we suggested a customer response card could be left with a customer by the service personnel). Additionally, we suggested the cable companies' records and logs regarding the handling of complaints and their responses to requests for service be periodically audited by the City's Internal Auditor. Also, we recommend the program guide be mailed to "Spotlight" subscribers monthly as was done in the past to the previous Movie Channel subscribers. Finally, we recommend that Cox Cable request the telephone company perform a phone busy study for their telephone system. The foregoing suggestions and recommendations were discussed with the local managers of both cable companies and we requested their written response to these recommendations be submitted back to the Committee so they may be made a part of this report. In conclusion, we recommend that unless the cable companies respond in a positive nature to our recommendations, the City Attorney be directed to proceed with alternatives with regards to the franchise privilege. Councilman Rockoff read letters from Cox Cable T.V. and Warner Amex Cable T.V. responding to the Committee's recommendations. Councilman Rockoff made a motion that Budget Review and Finance Committee Report No. 32-82 regarding Cable T.V., be accepted. Mr. Mitch Farmer, Sales Representative for Cox Cable T.V., explained his duties and stated there are a lot of complaints, but there are many people who have never complained about the service Bakersfield, California, October 27, 1982 - Page 15 they are receiving. Things are falling into place now and the service should improve shortly. Mr. Christopher B. Forgy, General Manager of Warner Amex Cable T.V., in answer to a question by Councilman Payne, stated in the Kern County area they serve approximately 42,200 subscribers and approximately 10,000 live in the City of Bakersfield. Their system encompasses portions of the City of Bakersfield, and Cities of Delano, McFarland, Wasco, Shafter, and surrounding unincorporated areas of Kern County. They operate under seven different franchise ordinances. The first was granted in 1965 and the last was granted in 1979 by the City of Bakersfield. In future action by the Council it would be appropriate if the differences in the franchises with Warner Amex Cable ?.V. and Cox Cable T.V. and the legal difference~s in the two corporations were recognized and the matter not be dealt with as cable companies lumped together. In the Bakers- field area they have recently completed the upgrading of all their active electronics, amplifiers and line extenders, and are now embarking on another program that involves changing that same equipment to expand the channel capacity. The area affected at any one time is very small and the work is done during the day in the middle of the week to minimize interference. Mr. Howard Channe11, General Manager of Cox Cable T.V., stated they have had a franchise in the City of Bakersfield since 1965 and they serve slightly under 20,000 subscribers, all within the City of Bakersfield. They are in the last phases of a complete system rebuild and are on schedule. It should be completed by the second week in November. In answer to a question by Councilman Payne, Mr. Channell stated they are facing budget cuts and freezes in hiring, however, it will not affect service because he has enough employees to serve the people now. Mr. Channell stated he is willing to do anything to help the City, because the Council should not be having the complaints they are having. Bakersfield, California, October 27, 1982 - Page 16 47 Upon a motion by Councilman Rockoff, staff was directed to find out what the Council can do to initiate competition in the cable television business, prerogatives as to rate regulations and necessary steps that may be taken to stop some of the problems. Mayor Shell declared a brief recess at 9:50 P.M. and reconvened the meeting at 10:00 P.M. Councilman Strong, member of the Voucher Approval Committee, read Report No. 3-82 regarding 19th and Chester Transit Transfer Point, as follows: Based on recent action of the City Council, Redevelopment Agency, and the Golden Empire Transit (GET) Board regarding a permanent solution to the downtown transit transfer point, the Voucher Committee has again met with the staff and GET representatives to dis- cuss interim solutions to the problems at 19th and Chester. After many meetings on this subject, we have worked out some short term soluctions which should be acceptable to all parties involved. Since the permanent GET transfer facilities will not be completed for approximately one and one-half years, we are recommending the following actions be taken during the interim. Allow GET to continue operating the 19th and Chester transfer point until their new facilities are completed. Recommend that the City share with GET on a 50/50 basis the cost of maintaining the area at 19th and Chester on a regular basis. These maintenance costs would also include new trash receptacles. We are recommending that up to $5,000 be authorized for this purpose during fiscal year 1982-83. GET will be responsible for this cleanup program and will bill the City at the end of the £iscal year. Funds are to be appropriated from the Council's Contingency Fund. In addition to these recommendations, GET has informed this Committee that they have instructed their drivers to turn off their engines if they are stopped for more than five minutes at 19th and Chester, and at no time are the buses to be stopped for more than ten minutes. GET will also look into the possibility of ex- tending the transfer point at 19th and Chester an additional half block on both sides of Chester in an attempt to alleviate the congestion. The Police Department will continue the foot patrol of this area to enforce the City's Littering Ordinance. 48 Bakersfield, California, October 27, 1982 - Page 17 Hopefully, these short term solutions will help in eliminating the majority of problems at the downtown transfer point. This Committee will continue to monitor these programs, and if necessary, we will look at other possible remedies and make additional recommendations for Council consideration. Mr. Jim Treanor, President of the Downtown Business Association, read a letter from the Downtown Business Association, dated October 27, 1982, as follows: Members of the City Council's Voucher Committee: Councilman John Means Councilman Vernon Strong Councilman J.M. "Chris" Christensen From: Board of Directors of the Downtown Business Association Subject: 19th and Chester Transfer Point The Board of Directors of the Downtown Business Association would like to take this opportunity to thank you for all the hours that you have spent dealing with the problem at 19th and Chester. We also want you to know that we are in agree- ment with you on your recommendations to the City Council. It is our hope that the working agreement between the City and G.E.T. works out. According to the information that we received, G.E.T. is looking into the possibility of extending the transfer point another half block on both sides of the street. We want to make it quite clear that the D.B.A. will strongly oppose any and all attempts to expand. Once again, we thank you. Sincerely, DOWNTOWN BUSINESS ASSOCIATION Jim Treanor President Upon a motion by Councilman Strong, Voucher Approval Committee Report No. 3-82 regarding 19th and Chester Transit Transfer Point, was accepted; and recommendations as outlined in the report, were approved. Bakersfield, California, October 27, 1982 - Page 18 49 The (a) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 1949 to 2351, inclusive, in the amount of $1,889,473.88. (b) Claim for Damages from Patricia O. Reese, 600 Lansing Drive #15, Bakersfield. (Refer to City Attorney) (c) (d) (e) (f) (g) (h) (i) (J) Claim for Damages and Personal Injuries from Lonnie Gutierrez, 204 Donna Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Jon William Rawlins, 125 Washington Avenue, Oildale. (Refer to City Attorney) Claim for Damages from Phillip Robb, 2918 Renegade Avenue, Bakersfield. (Refer to City Attorney) Right of Way Deeds and Easements from B.L. Dickinson, Inc., Robert A. Wadsworth, B.L. and N.R. Dickinson, and R. A. Wadsworth, Builder, Inc., providing dedication for a portion of Fairfax Road, Royal Coach Circle and a portion of Paladino Drive; Temporary Turnaround Easement on Paladino Drive west of Fairfax Road; site for drainage basin and sewer lift station; and easement for public utilities, sewers and storm drains. These items were required by the Planning Commission for Tract Nos. 4404-4407, located north of Panorama Drive, east of Fairfax Road. Water Line Easement from Lunn Production Service, located west of Gibson Street and on south side of Burr Street approximately 2,400 feet south of Rosedale Highway, for construction of water lines within the Fairhaven Water District. Water Line Easement from Quailwood Properties required by the Planning Commission for construction of water mains within Parcel Map No. 5700, located south of Westfield Road and east of Coffee Road. Map of Tract No. 4242, Unit 2, and Improve- ment Agreement with Barratt Northern California, Inc., for construction of improvements therein, located east of South "H" Street on the north side of Fairview Road. Notices of Completion and Acceptance of Work on the following: Improvement of Sundale Avenue, "Q" Street, Union Avenue and 30th Street, Contract No. 82-115 with James G. Francis. 5O Bakersfield, California, October 27, 1982 - Page (j) CONTINUED (k) (m) (n) (o) (P) (q) (r) Construction of addition to Vehicle Ser- vice Building at Police Facility, Contract No. 82-92 with McCowan's Construction. South "H" Street resurfacing, Ming Avenue to White Lane, Contract No. 82-116 with James G. Francis. Storm Drains in Larson and Della Streets, Contract No. 82-118 with B & B Plumbing Company, Inc. Construction of Riverside Drive, Contract No. 82-26 with E-Z 8 Motels, Inc. Improvements located on west side of Real Road north of Wilson Road, Contract No. 82-10 with Von's Realty Company. Application for Encroachment Permit from Gary L. Mason, 5700 Alberta Street, Bakers- field, for construction of a 6 foot high masonry column and wood fence, l0 feet behind curb, per conditions of Board of Zoning Adjustment Modification No. 3841. Application for Encroachment Permit from Rodney R. Brown, 215 Los Nietos Court, Bakersfield, for construction of a 4 foot wrought iron fence to enclose model homes at 13301, 13305 and 13401 Paisley Court, behind sidewalk area. Application for Encroachment Permit from Lizzie Stallings, 1920 Ming Avenue, Bakers- field, for construction of a 4 foot high fence on a 1 foot high retaining wall behind sidewalk at 1920 Ming Avenue. Plans and Specifications for reconstruction of a portion of Stine Road from Pacheco Road to Harris Road. Plans and Specifications for Storm Drain and Box Culvert along Wible Road, from Garland Avenue, north to an existing catch basin on Wible Road. Plans and Specifications for construction of Storm Drains at Myrtle and 24th Streets, Palm and "H" Streets, and 2nd and Eye Streets. Plans and Specifications for resurfacing portions of Belle Terrace between New Stine Road and Stine Road, Oak Street between Stockdale Highway and California Avenue, and New Stine Road between Wilson Road and Ming Avenue. Traffic Studies on School Crossing Guards at various locations. (Refer to Budget Review and Finance Committee) Bakersfield, California, October 27, 1982 - Page 20 (s) Resolution No. 123-82 of the City Council determining Unpaid Assessments and issuing Bonds under the "Improvement Bond Act of 1915." Assessment District No. 81-1. Upon a motion by Councilman Strong, Items (a), (b), (c), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (d), (e), (q), (r) following roll Ayes: Noes: Absent: and (s) of the Consent Calendar, were adopted by the call vote: Councilmen Payne, Ratty, None Councilmen Christensen, Means ACTION ON BIDS Upon a motion by Councilman Payne, Rockoff, Strong, Barton low bid of R & R Machinery and Electric, in the amount of $5,421.83, for Tilting Arbor Saw and Accessories, was accepted and all other bids rejected. Upon a motion by Councilman Barton, low bid of Rescue Safety Products, in the amount o£ $23,759.07, for Air Compressor for the Fire Department, was accepted and the other bid rejected. Upon a motion by Councilman Payne, low bid of Granite Construction Company for Alternate A, in the amount of $232,492, for resurfacing Montclair Street between Stockdale Highway and Easton Drive, Stockdale Highway between E1 Rio Drive and Coffee Road, and Buena Vista Road between Fraser Road and Stockdale Highway, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. 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 £or twenty-five mobile two-way radios for the Police Department, not to exceed the budgeted amount of $50,000. Upon a motion by Councilman Payne, low bid of Bakersfield Motorcycle Supplies, Inc., in the amount of $11,956.29, for motorcycle tires, was accepted and the other bid rejected. Bakersfield, California, October 27, 1982 - Page Upon a motion by Councilman Rockoff, bid of Herbert P. Sears for collection of delinquent accounts, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Strong, low bid of Berchtold Equipment Company, in the amount of $19,387.40, for tractor loader and accessories, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2783 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 o£ Bakersfield located at the southwest corner of Planz Road and Madison Avenue. This proposed 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) and "P" (Automobile Parking) Zones. This proposed zoning is consistent with the adopted Bakersfield Airpark Land Use Plan. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2783 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located at the southwest corner of Planz Road and Madison Avenue, finding said zonings consistent with the Genera~ Plan, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton Noes: Councilman Strong Absent: Councilmen Christensen, Means Adoption of Ordinance No. 2784 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 ~01 Portales Real. Bakersfield, California, October 27, 1982 - Page 22 The application for this amendment was made by J. R. Smeed and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. The Planning Commission recommended approval of this amendment, subject to the condition that two dwelling units shall be the maximum number of units constructed on subject property. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2784 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 101 Portales Real, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockof£, Strong, Barton Noes: None Absent: Councilmen Christensen, Means Referral of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding Prezoning of property known as Kern City No. 2 Annexation. This amendment would prezone those certain properties proposed for annexation to an R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling), C-O (Commercial and Professional Office), C-1 (Limited Commercial), and RE (Recreation) Zones. The Planning Commission recommended approval of the pre- zoning for the Kern City No. 2 Annexation. City Manager Kelmar stated a memorandum has been received from the Planning Director, dated October 22, 1982, requesting that this item be referred back to the Planning Commission for further study and recommendation. Upon a motion by Councilman Strong, Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of §4 Bakersfield, California, October 27, 1982 - Page 23 Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding Prezoning of property known as Kern City No. 2 Annexation, was referred to the Planning Commission. NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located at 1801 Brundage Lane. The application for this amendment was made by Harold E. Musick and would change subject property from a C-1 (Limited Commercial) Zone to a C-2 (Commercial) Zone. amendment. The Planning Commission recommended approval of this 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 at lB01Brundage Lane. Adoption of Resolution No. 124-82 of the Council of the City of Bakers- field establishing rules and regulations under which a Permit to Discharge a Gun will be granted. Upon a motion by Councilman Payne, Resolution No. 124-82 of the Council of the City of Bakersfield establishing rules and regulations under which a Permit to Discharge a Gun will be granted, was adopted by the following roll call vote: Ayes Councilmen Payne, Ratty, Rockoff, Strong, Barton Noes None Absent: Councilmen Christensen, Means Approval of Agreement between the County of Kern and City of Bakers- field for paving a 400 foot section of Stockdale Highway within the City of Bakersfield. The County of Kern has plans to resurface all of Stock- dale Highway within the unincorporated area between Freeway 99 and Gosford Road. After completion of this project, the only remaining unpaved portion will be a 400 foot section within the City. The Bakersfield, California, October 27, 1982 - Page 24 55 County is willing to include this area with their project. The staff recommends that the cooperative agreement be approved and that savings from completed Gas Tax Projects in Account No. 34-79500-293 be used to pay the City's portion, not to exceed $13,000. Upon a motion by Councilman Ratty, Agreement between the County of Kern and City of Bakersfield for paving a 400 foot section of Stockdale Highway within the City of Bakersfield, was approved, the Mayor was authorized to execute same and use of savings from completed Gas Tax Projects in Account No. 34-79500-293, not to exceed $13,000, was approved. Approval of Agreement between Golden Empire Transit District and the City of Bakersfield for drainage discharge. Golden Empire Transit District requested permission to discharge drainage from their property located along Golden State Highway Frontage Road into a City maintained storm drain system. Since this property is not within the City Limits, the agreement provides for a lump sum payment of $2,200 to the City for future maintenance costs. The Public Works Department recommends approval. Upon a motion by Councilman Barton, Agreement between Golden Empire Transit District and the City of Bakersfield for drainage discharge, was approved and the Mayor was authorized to execute same. Approval of Request from Bakersfield Neon Sign Company for reinstallation of a Sign 57 feet in height at the southwest corner of Auburn and Oswell Streets. All signs exceeding 50 feet in height require Council approval. There is a Texaco Service Station on this property, which has been closed for sometime, but will be reopened soon. All signs were removed when the station was closed. This request would allow installation of a sign that existed previously. The proposed sign is the same size and height as the previous one, and the sign supports are still in place. Bakersfield, California, October 27, 1982 - Page 25 The proposed sign has an area of 148 square feet. There is a 112 square foot sign on the same support, which advertises an adjacent restaurant. The combined area of 260 square feet exceeds the 240 square feet permitted in this C-2 Zone by ordinance. Mr. Jim Dalley, representing Bakersfield Neon Sign Company, stated he was present to answer questions of the Council. After discussion, upon a motion by Councilman Payne, request of Bakersfield Neon Sign Company for reinstallation of a Sign 57 feet in height at the southwest corner of Auburn and Oswell Streets, Ayes: Noes: Absent: Council, adjourned at was approved by the following roll call vote: Councilmen Payne, Ratty, Rockoff, Strong, Barton None Councilmen Christensen, Means ADJOURNMENT There being no further business to come before the upon a motion by Councilman Barton, the meeting was 10:40 P.M. MAYOR of t~ity of ~Bakersfield, Calif. ATTEST: CITY x O~/ficio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, November 3, 1982 Minutes o£ a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., November 3, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Rockoff, Strong, Barton, Christensen, Payne Absent: Councilmen Ratt~, Means SCHEDULED PUBLIC STATEMENTS Mr. Ed Laevally, representing James Petroleum, referring to an Emergency Ordinance on the agenda under New Business regarding nozzles for dispensing Class 1 liquids (gasoline), at card-lock self-service gas stations, explained the principle of an automatic nozzle, and they feel it would create a more hazardous situation to remove them. Director of Fire and Development Services Needham explained that the reason for the removal of the locking devices on the nozzle is for safety purposes. Mechanical failure could create a situation, whereby, the people dispensing gasoline would be in a dangerous situation. Locking devices on nozzles have not been allowed on any service station in the City where an attendant is not present. This ordinance is simply clearing up the language in the present ordinance so card-lock operations will be included. ~r. Bill Davies, representing Davies Petroleum, stated they have been operating key and card-locks since 1964 and have not had a significant spill or fire using the latch-open~devices. Mr. Laevally stated they have removed the devices, but would rather have them on the nozzles, because they feel they are safer. Mr. Frank Greinke, representing Navy Oil Company, stated he was present to protest the proposed Emergency Ordinance, because customers will come up with their own devices to latch-open the Bakersfield, California, November 3, 1982 - Page 2 nozzle, thereby, creating a more dangerous situation. They have operated in the City for 17 years without problems or a fire. Councilman Strong stated he is totally unfamiliar with how these nozzles operate and would like to see one demonstrated. Councilman Payne stated, because staff felt this was important enough to place it on the agenda as emergency legislation, he would feel uncomfortable with a delay. Upon a motion by Councilman Christensen, Emergency Ordinance amending Section 15.64.180 of the Municipal Code relative to nozzles for dispensing Class 1 liquids at self-service stations, was advanced on the agenda for action at this time. Deferral of an Emergency Ordinance of the Council of the City of Bakersfield amending Section 15.64.180 of the Bakersfield Municipal Code relative to Nozzles for dispensing Class 1 liquids at Self-Service Stations. There are presently, in use in the City of Bakersfield at card-lock self-service gasoline stations, nozzles for dispensing Class 1 liquids (gasoline), which are equipped with latch-open devices that present a hazard to the public health and safety. Existing provisions of the Bakersfield Municipal Code prohibiting such latch-open devices at self-service stations, open to the public, do not specifically extend such prohibition or similar membership or account-only self- This proposed Emergency Ordinance will facilitate to card-lock, key, service stations. this restriction. Councilman Strong stated the City should take the time to determine if the County has a similar ordinance and he would also like to become more familiar with the device. Councilman Payne made a motion to adopt an Emergency Ordinance of the Council of the City of Bakersfield amending Section 15.64.180 of the Bakersfield Municipal Code relative to Nozzles for dispensing Class i liquids at Self-Service Station. Bakersfield, California, November 3, 1982 - Page 3 59 This motion Ayes: Noes: Absent: Abstaining: failed to carry by the following roll call Councilmen Rockoff, Barton, Payne Councilman Strong Councilmen Ratty, Means Councilman Christensen vote: City Attorney Oberholzer stated it takes two-thirds of the Council present to adopt an Emergency Ordinance, so the motion failed to carry. Councilman Strong requested that the Emergency Ordinance be placed on the agenda for the Council Meeting of November 10, 1982, for Council action. STUDENT GOVERNMENT DAY PARTICIPANTS Mayor Shell welcomed and introduced the student counter- for Mayor and members of the Council, who will be partici- Government Day, November 10, 1982, as parts pating in the Annual Student follows: Mayor Councilperson Councilperson Councilman Erik Skaggs Julie Shepard Michelle Marcellin John Burnire CORRESPONDENCE Upon a motion by Councilman Payne, USA Properties Fund, Inc., dated October 26, West High School Bakersfield High School Highland High School South High School communication from 1982, requesting a General Plan Amendment for property located in the general vicinity of the southeast corner of Planz Road and Stine Road, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Payne, communication from Chris A. Addington & Associates, Inc., A.I.A. Architects, dated October 29, 1982, requesting a General Plan Amendment for high density use of property on Real Road at Palm Street (formerly Potter Trucking site), was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rockoff, communication from Martin-Mcintosh, Land Surveying-Civil Engineering, dated October Bakersfield, California, November 3, 1982 - Page 4 26, 1982, requesting a General Plan Amendment for property located at the west end of Jeffrey Street, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Payne, communication from Paul Slevkoff, 1204 White Lane, dated November l, 1982, regarding the speed limit, noise and traffic on White Lane, was received and referred to the Traffic Authority. Upon a motion by Councilman Rockoff, communication from Mrs. Doris Morrow, 209 East Warren, #B, regarding cable television service, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from Panama Union School District, dated November 2, 1982, requesting that the Council establish fees on residential construction within the City to help alleviate overcrowding in school districts, was received and referred to the Budget Review and Finance Committee. COUNCIL STATEMENTS Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 32-82 regarding Cable T.V., which was presented at the Council Meeting of October 27, 1982, was accepted; and recommendations as outlined in the report, were approved. Councilman Rockoff, on behalf of the Council, congratu- lated the City's Financial Staff who participated in the annual audit. Councilman Payne stated he received a telephone call from a constituent who expressed concern because no one from the City was present to welcome 600 members of the Airstream Trailer Club. The Good Sam Camper organization is planning a similar function at the Fairgrounds in the near £uture and the constituents was advised to invite the Mayor and Chamber of Commerce. REPORTS Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 10-82 regarding Water Department Reorganization, as follows: Bakersfield, California, November 3, 1982 - Page 5 With the pending retirement of the City's Agricultural Water Manager, John Chafin, the City Manager has proposed to this Committee a reorganization which we feel has merit, and upon implementation, will better meet the needs of the City's overall water interests. This plan calls for the merging of Agricultural Water, Domestic Water, and the Wastewater Division into one department. Attached to this report is the proposed organizational structure for the Water Resources Department. As you will note in this organizational chart, the department will be headed by a Director and Assistant Director, Agricultural and Domestic Water Manager, and a Wastewater Superintendent. This is one less management position than we presently have, however, it is felt that by combining these divisions, the necessary management responsibility can be assumed through the proposed organizational structure. This reorganization will result in an annual savings of approximately $35,000, and at the same time offer a more efficient operation. It is becoming more apparent as time progresses these three areas are becoming interrelated and the combination would provide a more effective and efficient use o£ City resources. By com- bining these three divisions, all of the City's water interests would be better served and future growth will be planned towards a common goal. The Governmenta~ Efficiency and Personnel Committee is in complete agreement with the City Manager on his proposal and we are recom- mending the following: 1. Create a new Department of Water Resources as outlined in the organizational chart. o Reclassify the Agricultural Water Manager classification to Director of Water Resources at a monthly salary range of $3,450 to $4,173. Reclassify the Assistant Agricultural Water Manager classi£ication to Assistant Director of Water Resources at a monthly salary range of $2,856 to $3,451. Eliminate one Water Superintendent position and reclassify the other Water Superintendent position to Agricultural and Domestic Water Manager at a monthly salary range of $2,663 to $3,215. In order for this reorganization to be done as efficiently as possible, we are recommending that an agreement be worked out with John Chafin retaining him as a Water Consultant to the City. Terms of such agreement to be finalized and forwarded to the City Council upon his retire- ment. We further recommend that the Agricultural Bakersfield, California, November 3, 1982 - Page 6 and Domestic Water functions be combined as of January 1, 1983. The Wastewater Division will be transferred in over a six month period, with the final transfer date officially set for June 30, 1983. The Sewer Maintenance Section, which is presently under the Waste- water Division, will be transferred to the Street Maintenance Division also effective June 30, 1983. To implement these actions, the Governmental Efficiency and Personnel Committee recommends Council approval of the following: 1. Approval of this report. 2. Consider as first reading the ordinance creating the Department of Water Resources. Approve the job specifications for the classification of Director of Water Resources, Assistant Director of Water Resources and the Agricultural and Domestic Water Manager. 4. Approve the amendments to the Salary Resolution. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 10-82 regarding Water Department Reorganization, was accepted; and job specifications for the classifications of Director of Water Resources, Assistant Director of Water Resources and Agricultural and Domestic Water Manager, were approved. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 2.16 of Title 2, Sections 2.16.010, 2.16.020 and adding Subsection (H) to Section 2.16.030. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 2.16 of Title 2, Sections 2.16.010, 2.16.020 and adding Subsection (H) to Section 2.16.030. City Attorney Oberholzer stated it would not be appro- priate to adopt the resolution setting salaries and related benefits until the ordinance becomes effective establishing the new positions. The resolution deletes present positions within the City. Bakersfield, California, November 3, 1982 - Page 7 The (a) (b) (c) (d) (e) (f) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 2352 to 2518, inclusive, in the amount of $309,528.64. Claim for Damages from Esperanza Dominguez Velazco and Jose Antonio Velazco, c/o Ronald D. Dessy, Attorney at Law, 1508 - 18th Street, Suite 212, Bakersfield. (Refer to City Attorney) Claim for Damages from Johnny Sue Sorensen, c/o Robinson, Palmer & Stanton, Attorneys at Law, 1326 "H" Street, Suite 37, Bakers- field. (Refer to City Attorney) Water Line Easement from Gus Enterprises X for properties located at the inter- section of Mohawk Avenue and Business Park North. Street Right-of-Way Deed from Lizzie Stallings providing additional right-of- way on north side of Ming Avenue east of Anita Lane, and permits widening of Ming Avenue to standard width. Road Easement from Carver Partnership One providing street width for sidewalk around Parcel A of Parcel located between Tower Way Avenue and between Mohawk West Commercenter. Development additional construction Map No. 6368, and California Street and (g) Notices of Completion and Acceptance of Work on: (h) (i) Tract No. 4416, Contract No. 82-67 with P.S.B. Development, Inc., located at the southeast corner of Ashe Road and South Half Moon Drive. Parcel Map No. 6368, Contract No. 82-76 with Tenneco Realty Development Corporation, located at northwest corner of California Avenue and Mohawk Street. Montclair Street Storm Drain, Contract No. 82-168 with J.L. Denio, Inc. Plans and Specifications for Traffic Signal Systems on Ming Avenue at Ashe Road and Gosford Road. Contract Change Order No. 1 to Contract No. 82-168 with J. L. Denio, Inc., for construction of the Montclair Street Storm Drain. This Change Order provides for one additional catch basin and 65 feet of 24" concrete pipe. These items were a part 64 Bakersfield, California, November 3, 1982 - Page 8 (i) CONTINUED of bid Alternate A, which was eliminated from the contract because of insufficient funds. Due to the drainage problems it is desirable to complete this portion of Alternate A prior to the winter rains. The cost of this change is $5,526 and the total contract price as a result of the Change Order is $34,474, and within the total amount budgeted for this work. (J) Request for Leave of Absence Without Pay for Communications Supervisor Gale Blaser. Mrs. Blaser is presently on a 30-day leave of absence without pay and she is requesting an additional 30-day leave, which will carry her through November 28, 1982. (k) Proposed Agreement with John Carollo Engineers for Preliminary Design Service and Financial Plan Report for Upgrading and Expansion of Wastewater Treatment Plant No. 3. (Refer to Water and City Growth Committee) Upon a motion by Councilman Payne, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Payne Noes: None Absent: Councilmen Ratty, Means ACTION ON BIDS Upon a motion by Councilman Christensen, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to purchase portable stage rising and enclosure drapes for the Civic Auditorium from SICO Incorporated, not to exceed the budgeted amount of $14,000. Upon a motion by Councilman Rockoff, low bid of Bayless Stationers, in the amount of $5,763.12, for Annual Contract for Stock Computer Paper, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of Cycles Unlimited, in the amount of $32,614.72, for Six Police Special Motorcycles, was accepted and all other bids rejected. Bakersfield, California, November 3, 1982 - Page 9 Upon a motion by Councilman Rockoff, low bid of Reynold's Trophy Shop, in the amount of $3,489.63, for Annual Contract for Trophies, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2785 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located at lB01Brundage Lane. The application for this amendment was made by Harold E. Musick and would change subject property from a C-1 (Limited Commercial) Zone to a C-2 (Commercial) Zone. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2785 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 Bakers£ield located at 1801Brundage Lane, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Payne Noes: None Absent: Councilmen Ratty, Means NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 15.12.280 and re- pealing Section 16.44.030 B. of the Bakersfield Municipal Code relative to Final Grading Report and City Engineer's Certificate. The ordinance presently requires the Engineer's Grading Report and Certificate to be filed with the County Recorder. This requirement is not a provision of State Law and is not necessary. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 15.12.280 and Bakersfield, California, November 3, 1982 - Page l0 repealing Section relative to Final Grading Report and City Engineer's 16.44.030 B. of the Bakersfield ~unicipal Code Certificate. Adoption of Resolution No. 125-82 of application of the Council of the City of Bakersfield proposing proceedings for annexation of terri- tory to the City of Bakersfield identified as Annexation No. 288 (Park Stockdale). owners Bakersfield. Six hundred and eight signatures have representing 355 households. This constitutes over the actual Park Stockdale single-family residential approximately 50 percent of the total housing units in the area proposed for annexation. Upon a motion by Councilman Christensen, Resolution No. 125-82 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. 288 (Park Stockdale), The City has received a number of petitions from property in Park Stockdale requesting annexation to the City of was adopted by the following roll call vote: Ayes: Noes: Absent: been received 60 percent of area and Councilmen Rockoff, Strong, Barton, Christensen, Payne None Councilmen Ratty, Means Deferral of adopted 10% Rate Increase for the Ashe Water System for the remainder of 1982. In July, 1982, the City Counci~ deferred the adopted 10% rate increase for the Ashe Water System for 90 days. The Water Board reviewed revenues, maintenance and operating expenses during this period and recommend continuing the Current rate for the remainder of 1982. The rate should be re-evaluated at the end of December, 1982. Upon a motion by Councilman Barton, adopted 10% Rate Increase for the Ashe Water System, was deferred for the remainder of 1982. Bakersfield, California, November 3, 1982 - Page Adoption of Resolution No. 126-82 of the Council of the City of Bakers- field approving and concurring with availability fees for City's Domestic Water Systems as established by City Water Board. This resolution approves availability fees to provide the necessary capital to construct water supply facilities (wells, storage, reservoirs, and booster stations), for the City's water system outside the original service areas and will be applied at the time of development or subdivision approval. The proposed fees are $2,000 per acre for the first 2,000 gallons per minute (gpm) of required fire flow, plus $0.50 per gpm per acre for required fire flows over 2,000 gpm. The Water Board recommends these fees for adoption by the City. Upon a motion by Councilman Barton, Resolution No. 126-8:2 of the Council of the City of Bakersfield approving and concurring with availability fees for City's Domestic Water Systems as estab- lished by City Water Board, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Rockoff, Strong, Barton, Christensen, Payne None Councilmen Ratty, Means Authorization granted to Purchasing Division of the Finance Department to enter into Discount Agreements with Wallace Machinery, Bayless Stationers, PTO Sales and Mayo Hydraulics, Inc., for miscellaneous services and supplies. The Finance Department requests Council authorization to negotiate Discount Agreements with four suppliers. Discount Agree- ments are informal miscellaneous supply contracts that the Purchasing Division has prenegotiated prices or discounts on and are for services and supplies of a nature that do not lend them- selves to other purchasing programs. Examples are heavy equipment parts and supplies (Wallace Machinery), miscellaneous office supplies (Bayless Stationers), hydraulic equipment parts and fittings (PTO Sales and Mayo Hydraulics, Inc.). Bakersfield, Cali£ornia, November 3, 1982 - Page Upon a motion by Councilman Rockoff, the Purchasing Division of the Finance Department was granted authorization to enter into Discount Agreements with Wallace Machinery, Bayless Stationers, P?O Sales and Mayo Hydraulics, Inc., for miscellaneous services and supplies. Adoption of report of the Council explaining determination that the City Council will declare itself to be the Redevelopment Agency. Pursuant to Section 33200 of the Health and Safety Code, this report must be prepared by the City Council prior to the public hearing on the dissolution o£ the present Redevelopment Agency and the assumption thereof by the Council. This report explains the determination that the City Council will act as the Redevelopment Agency. Upon a motion by Councilman Christensen, report of the Council explaining determination that itsel£ to be the Redevelopment Agency, roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Payne Noes: None Absent: Councilmen Ratty, Means City Attorney Oberholzer stated the next step in the dissolution of the Redevelopment Agency will be the preparation of an ordinance amending the present ordinance, which established the Redevelopment Agency as a separate body. A noticed public hearing will be held on that ordinance and it is tentatively scheduled for early in December. ADJOURNMENT There being no further business to come before the ~,edU~ns~l~o~i~ by C~lman Christensen, the meeting was ZOR of r City of Bakersfield, Calif. ATTEST: CITY CLERK arid Ex O£ficio Clerk of the Council of the City of Bakersfield, California the City Council will declare was adopted by the following ma Bakersfield, California, November 10, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., November 10, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Absent: None Minutes of the regular meeting of October 27, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Chuck Blaine, Navy Oil Company, speaking in opposition to the proposed Emergency Ordinance requiring the removal of latch-- open devices on the nozzles of the fuel dispensers currently in use at their self-service stations, stated the devices have been awarded the Underwriters Laboratory seal of approval and they know of no instance where a business has been cited by OSHA for using them. There is no sanction by the National Fire Prevention Association against the devices. Mr. Blaine expressed some concern about the liability if the manufacturer's original design is altered. City Attorney Oberholzer stated the reason for enforcing this particular provision is for safety purposes. Councilman Strong thanked Fire and Development Services Director Needham for the demonstration of the device in question and stated he is satisfied that the ordinance is necessary to bring the nozzles in conformity with all other ones presently in use in the City of Bakersfield. Upon a motion by Councilman Strong, Emergency Ordinance amending Section 15.64.180 of the Municipal Code relative to nozzles for dispensing Class 1 liquids at self-service stations was advanced on the agenda for action at this time. Bakersfield, California, November 10, 1982 - Page 2 DEFERRED BUSINESS Adoption of Emergency Ordinance No. 2786 New Series of the Council of the City of Bakersfield amending Section 15.64.180 of the Bakersfield Municipal Code relative to Nozzles for Dispensing Class 1 Liquids at Self-Service Stations. Action on this item was held over from the Council Meeting of November 3, 1982. Upon a motion by Councilman Christensen, Emergency Ordinance No. 2786 New Series of the Council of the City of Bakers-- field amending Section 15.64.180 of the Bakersfield Municipal Code relative to Nozzles for Dispensing Class 1 Liquids at Self-Service Stations was adopted by the following roll call vote: Councilman Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Ayes: Noes: None Absent: None CORRESPONDENCE Upon a motion by Councilman Barton, communication from Owen F. Goodman, Attorney at Law, 1415 - 18th Street, Suite 307, Bakersfield, dated October 20, 1982, regarding proposed Assessment District No. 1 of Olcese Water District, was received and referred to the Water and City Growth Committee for study and recommendation. Upon a motion by Councilman Barton, communication and petitions from Mrs. Donna Parson, 208 Lois Lane, Bakersfield, dated November 1, 1982, regarding traffic problems on Lois Lane and Pamela Street, were received and referred to the Traffic Authority for study and recommendation. Upon a motion by Councilman Christensen, communication from Bob D. Puckett, Attorney at Law, P. dated November 5, 1982, regarding cable received and referred to staff. O. Box 10076, Bakersfield, television service, was Upon a motion by Councilman Payne, communication from Southern California Edison Company, dated November 1, 1982, regarding Parcel Map No. 6084, was received and referred to the Planning Department. Bakersfield, California, November 10, 1982 ~ Page 3 COUNCIL STATEMENTS Councilman Rockoff stated he was extremely impressed with the young people who participated in today's Annual Student Govern- ment Day activities. Councilman Rockoff stated at a Golden Empire Transit District Board Meeting last night one of the Council's appointees did not even second a motion to allow a conference to take place between the Council and G.E.T. Board regarding the location of a transit terminal or mall. That type of dereliction of duty in a representation of the Council and City deserves a severe reprimand. Upon a motion by Councilman Rockoff, Lynn E. Hall's appointment as a member District was terminated, call vote: of the Board of the Golden Empire Transit effective immediately, by the following roll Ayes: Councilmen Strong, Barton, Christensen, Means, Payne, Ratty~ Rockoff Noes: None Absent: None Upon a motion by Councilman Rockoff, Mr. Donald Franklin. 3001 Edmonton Street, was appointed to the Board of the Golden Empire Transit District, term expiring January 6, 1983. Upon a motion by Councilman Strong, the Mayor was requested to send a letter of appreciation to Mr. Lynn E. Hall for his years of service to the City of Bakersfield. Councilman Means thanked the Council and staff for their support and patience during his campaign for State Assemblyman. Upon a motion by Councilman Barton, the City Manager was directed to try to set a Special ~eeting between the Council and G.E.T. Board within the next week. Councilman Payne stated he had planned to comment tonight on a series of problems he has had with cable television companies but will delay those comments until next week. Councilman Payne then outlined the response he has received from the cable companies to the complaints. There are two cable companies in the City and he is very Bakersfield, California, November 10, 1982 - Page 4 pleased with the treatment received from Warner Cable T.V. and displeased with the response from Cox Cable T.V. Company. Mayor Shell reminded the Council and public that a 37 member delegation from the City's Sister City, Wakayama, Japan, will be arriving tomorrow morning at 10:30 A.M. and encouraged attendance at the various functions. REPORTS Assistant Public Works Director Schulz presented a report from Traffic Engineer Jerry Hahs, dated November 4, 1982, regarding Update of Intersection Study at Oswell and Bernard Streets, as follows: We have completed gathering field and accident data and subsequent analysis at the intersection of Bernard and Oswell Streets. Traffic volumes on both streets during peak periods have not changed appreciably since 1979, however, there have been substantial increases in non-peak traffic on Oswell Street. Part of the increase may be due to increased activities at the remodeled shopping center at Columbus and Oswell Streets. Primary intersection accidents reported at the intersection are as follows: 3 in 1978, 1 in 1979, 0 in 1980, 0 in 1981 and 3 so far this year. The interruption of Continuous Traffic minimum traffic signal warrant has been met and the volume warrant is at 74% of the minimum requirement. Most traffic on Bernard Street turns right at Oswell Street. This results in fewer operational problems than would exist if more vehicles turned left or crossed at Oswell Street. At this time, delay, congestion and other factors do not justify additional right-of-way control. However, increased traffic and pattern changes anticipated with proposed commercial development in the area will cause changes requiring the installation of a traffic signal. It is recommended that we proceed with design and environmental clearance activities necessary for the traffic signal project and secure funds for construc- tion from developers and subdividers benefitting from the project. Councilman Rockoff stated he felt the City should follow the warrant system, however, he wants to make certain the area will continue to be monitored because as far as traffic is concerned it is a rapidly changing area. He received a petition containing approximately 70 signatures from the Readyland/Heritage Parent Support Group, which stated that on the days the City took the traffic count their school was closed, therefore, a full representative traffic count may not have been obtained. Bakersfield, California, November 10, 1982 - Page 5 Councilman Rockoff requested that an immediate traffic study be conducted to see if the first study was accurate. He took exception to the portion of the report that stated the City should wait for the developers and subdividers to pay for the traffic signals. Once the warrants are met one of the City's responsi- bilities is to provide safety for people living in the area and using those streets. He felt immediately upon satisfying the warrants that the City should go ahead with installation of the traffic signals. Upon a motion by Councilman Barton, December 8, 1982, was the date set for hearing on the ordinance establishing the City Council as the Redevelopment Agency. City Manager Kelmar stated the proposed Alarm Ordinance is ready to be brought back to the Council for consideration and it is requested that December 8, 1982, be set as the date for hearing. Upon a motion by Councilman Ratty, December 8, 1982, was the date set for hearing on the proposed Alarm Ordinance. Upon a motion by Councilman Rockoff, communication and from Carolyn It. O'Nesky, President of Readyland/Heritage 1982, regarding the traffic and Oswell Streets, was petition Parent Support Group, dated November 3, problems at the intersection of Bernard received and referred to staff. CONSENT CALENDAR The following items were listed on (b) <c) the Consent Calendar: Sewer and Storm Drain Easement from Mennonite Brethren Church of Bakersfield for sewer and storm drain systems from Bernard Street south to the City's Bernard Street Detention Basin. Grant Deed from Jimmy Gibbons, Bill Carter, Hugh M. Reed, and Errol G. Shaw, Trustees for the John Friis Jacobsen Living Trust, providing sites for well and drainage basin as required by the Planning Commission for Tract 4188 located south of Stockdale Highway and west of Allen Road. Storm Drain and Sewer Line Easement from Vernon No. 1, a California Limited Partnership, to the City of Bakersfield; and a Quitclaim Deed from the City of Bakersfield to Vernon No. 1. The existing storm drain and sewer easement was realigned, at the developer's request, to facilitate proposed construction. The easement traverses south and west from the Bernard Deten- tion Basin to Mr. Vernon Avenue. 74 Bakersfield, California, November 10, 1982 - Page 6 (d), roll Ayes Noes Absent: (d) (e) Plans and Specifications for Sandra Pump Station Modifications, Phase II, for replacement of an existing 30 horsepower pump with a 100 horsepower pump. Resolution of Intention No. 960 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of Fraser Road lying in Sections 8 and 17, Township 30 South, Range 27 East, in the City of Bakersfield. (Between Gosford Road and Old River Road) This Resolution of Intention sets December 8, 1982 for hearing on the matter before the Council. Upon a motion by Councilman Means, Items (a), (b), (c), and (e) of call vote: Councilmen Strong, Ratty, None None the Consent Calendar were adopted by the following Barton, Christensen, Means, Payne, Rockoff ACTION ON BIDS Rejection of bids for rehabilitation of the Senior Citizen Center at 530 - 4th Street. Four bids were received, ranging from a low of $290,000 to a high of $317,773. The low bid was received from Lewis C. Nelson & Sons, Inc. The Architects and staff have reviewed the low bid and consider it acceptable. in the Coramunity Development Program. tect's estimate. Assistant City Manager Higginbotham Sufficient funds are budgeted The bid is within the Archi- stated when the City received the four proposals the Architect and City staff requested additional cost breakdown information from the low bidder. The bid documents were reviewed with the contractor, the Architect deter- mined the bid was acceptable and it was placed on the agenda. Staff has received correspondence from the contractor that the City has exceeded the 30 days, which is the time period the City requests that they maintain their prices. This is correct, however it is only four days in excess of the 30 and in the past vendors and contractors have always maintained their prices for such a short period of time beyond the 30 days. The contractor has refused to Bakersfield, California, November 10, 1982 - Page 7 75 maintain his price past that 30 day period, therefore, staff recom- mends that all bids be rejected and the Finance Department be author- ized to rebid the project. Upon a motion by Councilman Strong, all bids for rehabi- litation of the Senior Citizens Center at 530 - 4th Street were rejected and the Finance Department was authorized to rebid the project. HEARINGS This is the time set for public hearing before the Council on an Appeal by Gary L. Mason to the decision of the Board of Zoning Adjustment denying his application for a Modification of an R-1 (Single Family Dwelling) Zone, to permit the elimination of the required two off-street parking spaces on property known as 5700 Alberta Street. This hearing has been duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici.- pation. Mr. Gary L. Mason stated the garage was built into a family room by a previous owner and a permit was never received. When he purchased the home he was informed by the Building Director that a modification would have to be obtained requiring that off-street parking be provided. Mr. Mason presented a petition from his neigh-- bors containing approximately 50 signatures stating that the lack of off-street parking has not created a hazard or inconvenience to them, and also presented three pictures showing his property. Mr. Henry Siolle, previous owner of the property, stated he converted the garage into a game room. A Building Inspector, who did not attempt to stop him, watched several times while it was being built and about a month after it was finished a note was left on the door to call. Without warning a citation was issued and he did not pursue the matter. Mr. Siolle did not feel it is right that a person cannot do what he wants with his own property and does not understand it. Bakersfield, California, November 10, 1982 - Page 8 Mr. Robert L. Davis, friend of Mr. Mason, stated the home in question is one anyone would be proud to own and he paid a sizable sum for it. The game room enhances the beauty of the home and he requested that he be allowed to keep it. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. In answer to a question by Councilman Rockoff, Mr. Mason stated he knew of the problem at the time he purchased the house. City Attorney Oberholzer stated the issue before the Council is not about allowing the game room. The issue is the requirement for off-street parking. After considerable discussion, upon a motion of Councilman Ratty, Zoning Resolution No. 294 of the Council of the City of Bakers- field denying appeal from decision of the Board of Zoning Adjustment denying modification to permit the elimination of the required two off-street parking spaces on that certain property known as 5700 Alberta Street was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None This is the time set for public hearing before the Council on the 1982 Weed Abatement Program. The property owners were notified by certified mail. 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. 127-82 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 vote: Bakersfield, California, November 10, 1982 - Page 9 Ayes: Ceuncilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:40 P.M. ATTEST: ty of Bakersfield, Calif. CITY CLERI~ and/Ex Officio ~lerk of the Council of the City of Bakersfield, California ma/mp Bakersfield, California, November 16, 1982 Minutes of a joint public hearing of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency, held in the Council Chambers of City Hall at 7:00 P.M. November 16, 1982. The meeting was called to order by Mayor Shell and Agency Chairman Lewis, followed by the Pledge of Allegiance and Invocation by Mayor Shell. The City Clerk called the roll of the Council as follows: Present: Mayor Shell. Councilmen Barton, Christensen, Means, Payne Absent: Councilmen Ratty, Rockoff, Strong The City Clerk called the roll of the Agency as follows: Present: Agency Members Clausen, Lewis, Moore, Richardson Absent: Agency Members Bilas, Mooneyham Councilman P~ckoffwas unable to attend the meeting tonight because he is attending a League of California Cities Seminar. Mayor Shell stated the purpose of this public hearing is to consider the City Council's approving and authorizing the execution of a First Implementation Agreement to the Disposition and Development Agreement between the Bakersfield Redevelopment Agency and the Bakersfield Metropolitan Association, Incorporated; and to consider a resolution of the Bakersfield Redevelopment Agency approving and authorizing the execution of a First Implementation Agreement to the Disposition and Development Agreement between the Bakersfield Redevelopment Agency and the Bakersfield Metropolitan Association, Incorporated. Deputy City Clerk Williams stated no correspondence had been received regarding the Hotel Project. STAFF REPORTS City Manager Kelmar stated at the time of the last hearing in April, the Council and Redevelopment Agency approved the Development Agreement for the proposed hotel. The agreement was subject to the developer performing a Hotel Feasibility Study. Bakersfield, California, November 16, 1982 - Page 2 79 The Feasibility Study was conducted and the results indicated a hotel with a 320 room capacity was not warranted. The consultants recommended, and £elt the market could support, a hotel of approxi-- mately 200 rooms. The developer indicated he would like to con- struct a hotel with 220 rooms with 20 suites, which will be different from anything now in the City. The proposed Implementation Agreement consists of a project initially consisting of 220 rooms in the first phase; and, based on certain occurrences, as far as occupancy is concerned, an additional 200 rooms would eventually be constructed. An important part o£ the proposal is that all public facilities will be initially developed as if it was a hote~ with 420 rooms and it will be a Sheraton Hotel. The City has met with the developer and made modifications to the Development Agreement, which are basically related to the reduction in size. Mr. Dave Beatty, representing McDonough, Holland and Allen, Consulting Attorneys for the Redevelopment Agency, thanked the Council and Redevelopment Agency for the opportunity to work with them on the hotel project. Mr. Beatty introduced Mr. John Carrier, of his firm, who has been working on the documentation and First Implementation Agreement and will explain the substantive points and changes in the First Implementation Agreement and the Agreement signed last May. Mr. John Carrier stated changes have been primarily to effectuate the change in the size of the hotel development. The first phase was originally 320 rooms with a subsequent phase of 120 rooms, bringing the total size of the hotel to 440 rooms. The Market Feasibility Report indicated the market would be able to support a hotel of 200 rooms, which will be in the first phase, and a follow-up phase of an additional 200 rooms, so the final hotel will not be much smaller than the first proposal. Under the original Development Agreement, the Agency was to convey three parcels to the developer for the development. The intent under Bakersfield, California, November 16, 1982 - Page 3 this Implementation Agreement is to convey only as many parcels as necessary for the developer to construct the hotel and adequate parking. The Agency will maintain control and title to the re- maining land, which will be conveyed to the developer upon construction of phase two. Therefore, the remaining land will be in the Agency's control to be maintained as a landscape buffer or parking area. The obligation of the developer to develop phase two has been shortened in order for the Agency to maintain more control on the development. The occupancy and market feasibility conditions must be met within seven years or the Agency will receive unencumbered title to the remaining land and can use it as it sees fit. In addition, scheduling has been changed and will now begin as soon as the First Implementation Agreement has been approved. Other changes are in financial reports, rents specifically dealing with a smaller hotel, requirement of a Good Faith Deposit of $100,000 and Letter of Credit to be delivered to the Redevelopment Agency tonight. Mr. Calvin Hollis, Katz, Hollis, Coren & Associates, Inc., stated the Revised Analysis of Cost of Disposition and Development Agreement of the Convention Center Hotel, dated October, 1982, is a revision of an earlier report submitted to the Council in April, 1982, at the time the original Disposition and Develop- ment Agreement was approved. Mr. Hollis stated there is a change in the size of the hotel, which is now shown as 420 rooms to be constructed in two phases. The earlier analysis showed 450 rooms to be constructed in two phases, with the first phase containing 320 rooms. Another area of change was in the cost of the agreement to the Agency. The law requires the analysis identify the cost to the Agency of the agreement and compare that cost with the compen- sation being received by the Agency for the agreement. The cost of this agreement has not changed from the earlier analysis; that is, the current estimate remains at $1,620,000, which is the cost Bakersfield, California, November 16, 1982 - Page 4 of site assembly, relocation, etc. The amount the Agency will receive as compensation has been estimated to be $1,720,000, assuming only the first phase of the hotel is constructed. That compares with the earlier amount of $2,400,000, which assumed the first phase of the hotel would be larger. In Table II of the analysis, the site assembly costs are compared with the present value of the lease payments to be received by the Agency, assuming that only the first phase is constructed. The lease payments exceed the costs, therefore, there are no net costs to the Agency in this agreement. All these compensation numbers assume that the second phase is not constructed. If the second phase is constructed, then the compensation to the Agency would be adjusted upwards, accordingly. Mr. Dick Botti, Keyser, Marston Associates, Inc., stated the rent structure for the proposed hotel originally consisted of a base rent payment, p~us a participation income when the sales of the hotel exceed $15,000,000. In order to compensate for the reduction in the size of the hotel, it was necessary to reanalyze the basic terms of the agreement. In negotiations and renegotiations with the developer, it was mutually agreed that the base rent to be paid to the Agency would not be changed with the reduction of the number of rooms. Therefore, the fixed rent payment to the Agency remains constant. It was also concluded the $15,000,000 sales figure, in which the Agency participated, was no longer valid because with only 220 rooms the probability of obtaining the $15,000,000 sales volume was much lower. After numerous discussions with the developer, a figure of $10,700,000 was reached as being a representative sales point at which the Agency would participate. In determining the Agency's revenues, Keyser, Marston Associates took the base rent, based upon the fixed rent payment, participatioa income and 220 room hotel and estimated the Agency would receive participation income in the ninth to eleventh year period. That Bakersfield, California, November 16, 1982 - Page 5 participation income would increase over a period of time as the rate of inflation, real income and real sales growth, within the hotel, increased. Their projection is assuming the first phase is completed and that there will not be a second phase. If a second phase is added and additional sales generated on the site, the Agency would participate in an amount of 5% of the room sales and 3% of the food and beverage sales. PUBLIC TESTIMONY Mayor Shell opened the public portion of the hearing and called for written or oral comments by persons objecting to the development of the proposed Convention Center Hotel. No oral or written comments objecting to the proposed Convention Center Hotel were received. Mayor Shell called for written or oral comments by persons in favor of the development of the proposed Convention Center Hotel. Mrs. Jackie Belluomini, Executive Director of the Convention Bureau and on behalf of the Board of Directors, stated they are very much in favor of the convention hotel and felt it will enhance convention business in Bakersfield. Mrs. Belluomini also offered the Bureau's support and assistance in getting the hotel project off the ground. Councilman Means stated he has had concerns about the process of redevelopment in the downtown area, but felt the hotel will be an asset to the area and would vote to support it. In answer to a question by Councilman Christensen, Calvin Hollis stated it is Katz, Hollis, Coren & Associates' opinion that the Agency's expenditure, at this time, is necessary to make the hotel project happen and without that expenditure, it would not happen. The hotel will create a viable business venture, which is good for the City and developer. He further stated he felt the City was making a prudent investment by doing what the Redevelopment Bakersfield, California, November 16, 1982 - Page 6 Agency is charged to do; create development, improve the vitality of the City and get a prudent return. Councilman Christensen stated he is convinced the hote~ will enhance the City, but is concerned about possible convention activity because of the lack of airline service. He £elt the airline service is going to be a detriment and hoped that down the road the City will obtain better service. Agency Member Lewis stated he also has concerns regarding airline service, however, if the City has a good hotel, such as the Sheraton being proposed tonight, maybe airlines will look again at Bakersfield and give better service in the future. Mayor Shell stated she helped Golden West Airlines cele- brate their First Anniversary in the Bakersfield area today. They have an excellent record and have added to their service more flights to Southern California and San Francisco. Adoption of Resolution No. 128-82 of the Council of the City of Bakers- field approving and authorizing the execution of a First Implementation Agreement to the Disposition and Development Agreement between the Bakersfield Redevelopment Agency and Bakersfield Metropolitan Association, Inc. Upon a motion by Councilman Barton, Resolution No. 128-82 of the Council of the City of Bakersfield approving and authorizing the execution of a First Implementation Agreement to the Disposition and Development Agreement between the Bakersfield Redevelopment Agency and Bakersfield Metropolitan Association, Inc., was adopted Ayes: Noes: Absent: by the following roll call Councilmen Barton, None vote: Christensen, Means, Payne Councilmen Ratty, Rockoff, Strong Adoption of Resolution No. RA9-82 of the Bakersfield Redevelopment Agency approving and authorizing the execution of a First Implementation Agreement to the Disposition and Development Agree- ment between the Bakers£ield Redevelop~ ment Agency and Bakersfield Metropolitan Association, Inc. Bakersfield, California, November 16, 1982 - Page 7 Upon a motion by Agency Member Moore, seconded by Agency Member Clausen, Resolution No. RA9-82 of the Bakersfield Redevelo~,- ment Agency approving and authorizing the execution of a First Implementation Agreement to the Disposition and Development Agree- ment between the Bakersfield Redevelopment Agency and Bakersfield Metropolitan Association, Inc., was adopted by the following roll call vote: Ayes: Agency Members Clausen, Lewis, Moore, Richardson Noes: None Absent: Agency Members Bilas, Mooneyham Approval of Agreement between the Bakersfield Redevelopment Agency and Rod Gunn Associates providing site acquisition and relocation services for the development of the proposed Convention Center Hotel. Upon a motion by Agency Member Moore, seconded by Agency Member Clausen, Agreement between the Bakersfield Redevelopment Agency and Rod Gunn Associates providing site acquisition and relocation services for the development of the proposed Convention Center Hotel, was approved and the Chairman of the Redevelopment Agency was authorized to execute by the following roll call vote: Ayes: Agency Members Clausen, Lewis, Moore, Richardson Noes: None Absent: Agency Members Bilas, Mooneyham Mr. Tom McBride, representing Hedrick and McBride, Developers of the Convention Center Hotel, thanked the Council and Redevelopment Agency for their confidence in Hedrick and McBride and the Sheraton Hotels. Mr. McBride introduced Mr. Jack Cassidy, who presented the City and Agency with the $100,000 deposit and Letter of Credit. Mr. Robert Corsaro, General Partner of Bakersfield Metropolitan Association, Inc., and local businessmen, stated he has been involved with the Chamber of Commerce's Aviation Committee working to obtain better airline service to the Bakersfield area. Bakersfield, California, November 16, 1982 - Page 8 The problem is the airlines are interested in longer routes. He stated he has been told by several airlines that when the time comes and they are ~ooking for shorter routes they will be looking at Bakersfield. Mr. John McWhorter, Certified Public Accountant, 817 Truxtun Avenue, stated he is interested in the future of the City of Bakersfield and commends the City Council, Redevelopment Agency and Developer for their actions tonight. ADJOURNSlENT Upon a motion by Councilman Christensen, joint public hearing before the Council and Redevelopment Agency on the proposed Convention Center Hotel, was adjourned at 7:50 P.M. Upon a motion by Agency Member Moore, seconded by Agency Member Clausen, Redevelopment Agency's portion of the joint public hearing held before the Council and Redevelopment Agency on the proposed Convention Center Hotel, was adjourned at 7:50 P.M. M OR of the~ity of ~akersfield, Calif. ATTEST: CITY CLERKSand ~x Officio Clerk of the Council of the City of Bakersfield, California cw/ma Bakersfield, California, November 17, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., November 17, 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 Christensen, Means, Payne, Ratty, Absent: None. Rockoff, Strong, Barton Minutes of the regular meeting of November 3, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Dr. Phillip E. Bozek, President of the California Soft- ball League, thanked Mayor Shell for issuing a proclamation desig- nating December 4th as Fred McDonnell Day in Bakersfield. Dr. Bozek introduced Mrs. Elaine Garee, Chairman and Coordinator of the Softball League, Mrs. McDonnell, daughter of Mr. that Fred McDonnell was a Sharon McDonnell, widow, and Victoria Fred McDonnell. Dr. Bozek explained long-time employee of California State College at Bakersfield and instrumental in establishing the first youth soccer program in this area. He was an admired and respected leader in the community. Fred McDonnell died on August 19, 1982, while training for a strenuous hiking expedition. A scholarship fund was established in his honor in recognition of his contribu- tions to Cal State Bakersfield and Bakersfield. The scholarship fund is to support four renewable academic scholarships for students at Cal State Bakersfield to be awarded to collegiate soccer players and students interested in studying jazz music. All proceeds from the Fred McDonnell Memorial Invitation Softball Tournament will go toward those scholarships. Dr. Bozek extended an invitation to the Council to field a team for the tournament on December 4th. Mr. Bob Kump, Energy Conservation Supervisor for Pacific Gas and Electric Company, presented Mr. Frank Fabbri, City of Bakersfield Parks Superintendent with a check in the amount of Bakersfield, California, November 17, 1982 - Page 2 $4,405.00, representing reimbursement of one-half the cost of converting from mercury vapor to high pressure sodium lamps in the City's parks, and stated an additional check in the amount of $4,127.00 will also be forthcoming. Mr. Kump explained that part of the function of the Energy Conservation Department is to operate an Incentive Program for conversion of lighting and ballasts to more e£ficient light sources. The City of Bakersfield is upgrading the lighting in City parks from mercury vapor to high pressure sodium lamps and receives reimbursement for half the cost of the fixtures. This energy conservation program is available to all industrial and commercial customers. Mr. Bakersfield, Television. Jim Fox, Fox Realty and explained problems he has Insurance, 123 Truxtun Avenue, been having with Cox Cable Upon a motion by Councilman Rockoff, correspondence from Mr. Jim Fox regarding Cox Cable Television Company, was received and referred to the Budget Review and Finance Committee. Reverend Ralph Anthony, President of the Lakeview Community Development Corporation, requested that the Council direct City Staff to meet and work with the Lakeview Community Development Corporation on the Three-Point Crime Proposal and Revitalization Proposal for the Lakeview Area. Mrs. Dorothy Hill, Secretary Communicator of the Sunset Neighborhood Improvement District, requested the Council and Staff to support and assist the organizations operating in the Lakeview Area to accomplish the revitalization of that area. Mr. Marvin Dean, Consultant for the Lakeview Community Development Corporation, stated that sometime ago a request was submitted to the Council to designate Census Tract 22, Lakeview Area, as a Redevelopment Project Area. During the past year the Lakeview Community Development Corporation has been working in the community to establish programs to revitalize Census Tract 22, Mr. Dean referred to a memorandum to be presented tonight by City Bakersfield, California, November 17, 1982 - Page 3 Manager Kelmar regarding Lakeview Neighborhood Revitalization Strategy. He felt the action referred to in that report was a good start towards revitalizing Census Tract 22, but felt it was not enough to solve the problems that exist. He requested Council take into consideration what the Lakeview Community Development Corporation has been trying to accomplish and sit down with them and discuss the projects they have proposed. Mr. Tyrone Terry expressed his satisfaction with the success o£ Dump Day and the rewards o£ community participation. All the organizations working in Census Tract 22 need assistance from the City to obtain constructive results. He asked the Council and Staff to support the Lakeview Community Development Corpora- tion's programs. Mrs. Ruth Barnett, representing the Faith and Hope Founda- tion, stated she has tried to establish something credible and worthwhile in her organization. The Faith and Hope Foundation Board of Directors represent a wide spectrum o£ the community and consists of Rabbi Goodbait; Mr. George Dickey; Ms. Jackie Haber- felde; Dr. George Lartigue and Mrs. Betty Haven. Several Support- ers of the Faith and Hope Foundation that have given permission to use their names are: Mr. Jack Williams of Bakersfield Redi-Mix; Mr. Ray Dezember of American National Bank, and Mr. Floyd Bertram, who has been supportive including giving supplies used to upgrade the buildings now being used by the Foundation at 407 and 413 Lake- view Avenue. Upon a motion by Councilman Strong, Report and Slide Presentation by Community Development Staff regarding Lakeview Community Dump Day Program and Report from the City Manager regard- ing Lakeview Neighborhood Revitalization Strategy were advanced on the Agenda for action at this time. Ms. Jan Duncan, Planning Technician for the Community Development Department presented slides of Dump Day Week. Ms. Bakersfield, California, November 17, 1982 - Page 4 89 Duncan stated the idea of Dump Day began at a July meeting o£ the Sunset Neighborhood Improvement District held monthly in Census Tract 22 at the home of Mrs. Dorothy Hill. The idea grew from a one day clean sweep of the neighborhood to the final Dump Day Week, now being planned as a semi-annual event. As plans began to form, volunteers and staff who organized the event, mobilized the resi- dents in the clean-up effort. Census Tract 22 was divided into five sections. An area coordinator was assigned to each section and they in turn assigned block captains. These volunteers were responsible for distributing flyers and explaining the project to the community. One of the jobs was to identify senior citizens and handicapped individuals who wanted to participate in the clean-up, but needed assistance. Two hundred and eight-four vacant lot owners were identified and sent letters asking for their participation in the clean-up effort. The success of Dump Day Week is due, not only to the volunteers, but also to the cooperation, coordination, and support of the Community Development, Recreation - California Avenue Park Facility; and Public Works Departments. By the comple- tion of the project, 183 dump truck loads of trash had been trans- ported. This amounted to 3,220 cubic yards of debris, which is the equivalent of filling approximately 1,100 of the large green city dump bins. Because of the support of the City Council for the Community Development Block Grant and assistance of Mayor Shell, Mrs. Dorothy Hill of the Sunset Neighborhood Improvement District, the area coordinators, block captains, and other volunteers, project Dump Day can now offer the rewards and satisfaction of a successful project. City Manager Kelmar reported on the Lakeview Neighborhood Revitalization Strategy. Some months ago residents of Census Tract 22, Lakeview Area, requested the City consider Census Tract 22 as a Study Area for Redevelopment. The Redevelopment Agency authorized a study by the Consultant Firm of Katz, Hollis, Associates, to determine the feasibility. The report was and referred to subsequently Coren and completed staff for study. After reviewing the report, 9O Bakersfield, California, November 17, 1982 - Page 5 meetings with Katz Hollis personnel, and a survey of residents in the area, staff is of the opinion that Redevelopment is not the answer at this time. However, it is the City's feeling that a basic revitalization strategy should be implemented to improve the basic economic and living conditions in the area. If the City Council is in agreement, staff requests authority to seek community input for this proposed program from residents in the area. Staff would then report back to the Council on the results of those meetings and seek formal action at that time. Councilman Strong complimented staff on the mini-proposal and in the approach that would not leave anyone out, but would involve the whole community in working out the problems to make it a better place to live. Upon a motion by Councilman Strong, staff was directed to set up the necessary and appropriate meetings to ascertain what professional approach would be most beneficial. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Joyce K. Meaglia, 508 Redondo Court, Bakersfield, dated November 14, 1982, regarding opposition to the Golden Empire Transit's proposed terminal site location at Woody's Toy Circus, Incorporated, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication from the Panama Union School District, P.O. Box 11173, Bakersfield, dated November 15, 1982, was received, and December 8, 1982 was set for a public hearing concerning the passage of a resolution establishing fees for relieving over-crowding conditions in the school district. Upon a motion by Councilman Ratty, communication from Mr. Don Johnson, Executive Director of the Bakersfield S.P.C.A. Rt. 5, Box 547, Bakersfield, dated November 15, 1982, regarding a request for a contract adjustment, was received and referred to the Budget Review and Finance Committee. Bakers£ield, California, November 17, 1982 - Page 6 9¸1 Councilman Ratty stated he would like to assure Mr. Johnson and the people in the S.P.C.A. that the Budget Review and Finance Committee will be looking at their problem with a temporary and possibly long-term solution. COUNCIL STATEMENTS Councilman Barton stated he has been contacted by Mr. Preston Brittain asking for help and possibly an investigation into a bill, in the amount of $430.00, he received from Golden Empire Rescue for transporting his two children to Memorial Hospital. Councilman Barton stated the ordinance specifies specific fees that can be charged for services performed by ambulance companies. Upon a motion by Councilman Barton, staff was directed to investigate and possibly audit the bill received by Mr. Preston Brittain, review the ordinance regarding the fee structure and report back to the Council. City Manager Kelmar stated that the President of the Board of Directors of the Kern County Water Agency appointed a committee to study and make recommendations on the various Zones of Benefit. The committee submitted a report to the Kern County Water Agency on November 5th. A Resolution o£ the Kern County Water Agency was presented to the Board of Supervisors on November 9, at which time the Board set November 30, 1982, at 3:00 P.M. £or a public hearing. City Manager Kelmar requested authorization to go to that hearing and make a presentation. Councilman Barton made a motion to authorize the City Manager to attend the Board of Supervisors' hearing on November 30, 1982, and express the City's dissatisfaction with the Zones of Benefit Tax. Councilman Means offered an amended motion to authorize City Manager Kelmar, City Attorney Oberholzer and Councilmen Barton and Means to attend the Board of Supervisors' hearing on November 30th, to express the City's dissatisfaction with the Zones of Benefit Tax. This motion was unanimously approved. Bakersfield, California, November 17, 1982 - Page 7 Upon a motion by Councilman Ratty, Councilman Barton was selected to be recommended to serve on a task force relative to Air Pollution in the San Joaquin Valley (Assembly Concurrent Resolution No. 104). Councilman Ratty reported on a meeting he attended the previous evening with the Golden Empire Transit Board. He stated that time is of the essence, and requested Council consider a unanimous action to encourage the G.E.T. Board to compromise on a location for the transit terminal in the downtown area. Upon a motion by Councilman Christensen, City Manager Kelmar was directed to contact the G.E.T. Board and set up a special meeting of the Council and Board as soon as possible. In answer to a question by Councilman Ratty, City Attorney Oberholzer advised the Council on procedures G.E.T. must follow to acquire the property at 21st Street and Chester Avenue, if they are acquiring that property from someone other than a willing seller. The process would be Eminent Domain and would require four votes of the Council. In answer to a question by Mayor Shell regarding status of a request regarding a historical square, City Manager Kelmar stated the request by Gannon Enterprises was referred to staff, who is waiting for the appointment of the Historical Preservation Committee. Councilman Strong, Intergovernmental Rielations and Services REPORTS Chairman of the Joint Committee, No. 6-82 regarding Addendum to the Joint Relocation Plan, as follows: City/County read Report City/County Fire Station Early in March 1982, the City Council and Board of Supervisors adopted the Joint City/County Fire Services Plan. An important provision in the Plan required "additional study and review by both entities and approval of both the City Council and Board of Supervisors" prior to the actual implementation of phases number two and three. Bakersfield, California, November 17, 1982 - Page 8 93 After adoption of the Plan, both City and County staff have met on numerous occasions in concert with City and County Fire Union representatives, to £urther study and analyze phases two and three. Fire company responses from the recommend- ed locations were studied further and several areas were identified where fire stations could be located in a more equal arrangement resulting in improved emergency response times, mainly in areas presently protected by City Station #2 (716 E. 21st Street) and #3 (4th and "L" Streets). Adequate fire protection in the northeast sector of the City will also eventually necessitate the relocation of City Stations #4 (Sacramento and Bernard Streets) and #8 (University Avenue and Mt. Vernon Avenue), both to northeasterly locations. In order that a proper level of fire protection be maintained in the Metropolitan area through each phase of the Plan as the adjustments in fire station locations are carried out, several revisions in the adopted Plan are necessary, including one addition to phase one. After reviewing the needed adjustments to the Plan, the members of the City and County Inter- governmental Relations/Services Committee recom- mended the following addendum to the Plan: Add to Phase I (FY 83-84) - Relocation of City Fire Station #3 at 4th & "L" Streets to the vicinity of Saunders Park on Palm Street west of Oak. 2. Phase II (FY 84-85) - Fire Station #2 at 716 East 21st Street to remain open. Incorporate the County Ladder Company into the Plan to replace City Ladder Company No. 2 and establish a Captain's position for the County Ladder Company. Replace County fire personnel at County Station No. 66 at Stockdale Highway and E1 Rio Drive with personnel from City Ladder Company No. 2 and one fire- fighter's position from City Station No. 1 at 2101 "H" Street. Phase III (FY 85-86) - Relocate City Fire Station #4 at Sacramento and Bernard Streets to the vicinity of River Boule- vard and University Avenue. Relocate City Fire Station #8 at University and Mt. Vernon Avenues to a location approximately 1.5 to 2 miles to the east. These two relocations eliminate the need for additional personnel and a fire station in the eastern portion of the College Heights area which was not addressed in the original study. 94 Bakersfield, California, November 17, 1982 - Page 9 The future City fire station in the Rio Bravo area will consist of a three-man engine company. These will be new positions and will be City personnel. The cost of personnel, construction and equipment will be paid through revenues from the area which are projected to be sufficient at this phase of the Plan. Relocate County Fire Station #52 located in the vicinity of South Union Avenue and Panama Road to the vicinity of Wible Road and Taft Highway. This addendum does not alter the financial agree- ment regarding Station #66, Station #44, and the proposed Station at Rosedale Highway and Case Street. Vacated station sites will be sold and revenues will be returned to the City and County. The net total savings of this plan is $3,635,515.00 for five years and $9,529,030.00 for 10 years. This is a reduction in savings of $895,930.00 for five years and $1,682,995.00 for l0 years compared to the Plan as originally adopted. This addendum results in fire station locations that are in a more equidistant pattern, giving the residents in the City and the Metropolitan area of the County fire protection on a more equal basis. The Committee recommends acceptance of this report and adoption of the addendum to the Joint City/ County Fire Protection Plan as stated herein. Upon a motion by Councilman Strong, Joint City/County Intergovernmental Relations and Services Committee Report No. 6-82, regarding Addendum to the Joint City/County Fire Station Relocation Plan 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. 2519 to 2827, inclusive, in the amount of $1,046,225.81. (b) Claim for Damages from Gregette Renae Shelton, 1208 McDonald Way, Apt. B, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Teresa E. Kidwell, 302 Highland Drive, Oildale. (Refer to City Attorney) Bakersfield, California, November 17, 1982 - Page 10 95 (d) (e) (f) (g) (h) (i) (J) (k) (1) (m) (n) (o) Claim for Personal Injuries from Duane Kirschenman, 3535 New Stine Road, #80, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Sandra Kirschenman, 3535 New Stine Road, #80, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Mark Jason Kirschenman, 3535 New Stine Road, #80, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Aaron Skylar Kirschenman, 3535 New Stine Road, #80, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Joel Kirschenman, 2811 Peerless Avenue, #3, Oildale. (Refer to City Attorney) Claim for Personal Injuries from John Joseph Reynolds, III, 1012 Water Street, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Debbie Kirschenman, 2811 Peerless Avenue, #3, Oildale. (Refer to City Attorney) Claim for Personal Injuries from La Parker King, 225 Bliss Street, Bakersfield. (Refer to City Attorney) Claim for Indemnity from North Bakers- field Recreation and Park District. (Refer to City Attorney) Storm Drain Easement, Public Utility Easements and a Grant Deed from Tenneco Realty Development providing easement for storm drain, public utilities and a drainage basin for Parcel Map No. 6170, located on the south side of White Lane between Ashe Road and the Arvin-Edison Canal. Road Easemeng from Tenneco Realty Develop- ment Corporation, as required by the Plan- ning Commission for Tract No. 4489, and as required by the Circulation Element of the General Plan, for White Lane between Gos- ford Road and Old River Road. Improvemeng Agreement for Parcel Map No. 6170 with Tenneco Realty Development Corp- oration for construction of improvements required therein by the Planning Commission, located on the south side of White Lane between Ashe Road and the Arvin-Edison Canal. Bakersfield, California, November 17, 1982 - Page ll (p) (q) (r) (s) (t) (u) Improvement Agreement for Parcel Map No. 6721 with Tenneco Realty Development Corporation for the construction of improvements therein required by the Planning Commission, located south of Stockdale Highway, west of Gosford Road. Notices of Completion and Acceptance of Work on: Traffic Signal Systems at 17th and "F", Baker and East Truxtun, Beale and East 19th, Contract No. 82-61, with E & S Electrical Contractors. Chester Avenue Underpass/Southern Pacific Railroad, Contract No. 81-23, with James G. Francis. Tract No. 4161, Contract No. 80-58, with Kuve Associates, located at the northeast corner of "O" Street and 36th Street. Parcel Map No. 5787, Contract No. 80-157, with James and Mary Anhalt and Frank and Teresa Cicone, located on Buena Vista Street west of Holtby Road. Improvement Agreement No. 81-106, with Frank A. Collins and Francis Marion Collins, located on the south side of Freeway 178 at Mesa Marin Raceway. Application for Encroachment Permit from Barratt - Los Angeles, 26323 Calabasas Road, Calabasas, California, for construc- tion of a 42 inch high wrought iron fence behind the sidewalk around model homes in Tract 4242, Lots 2, 3 & 4 on Jimson Street. Application for Encroachment Permit from Carlos Shower Doors, Inc., 300 Kentucky Street, Bakersfield, for construction of overhead private telephone cable across alley at 300 Kentucky Street. Application for Encroachment Permit from Regional Mortgage Company, 4000 Ming Avenue, Bakersfield, for construction of a six foot high fence behind sidewalk on Teal Street at 3820 McCourey Street, per Board of Zoning Adjustment Modification No. 3854. Application for Encroachment Permit from Regional Mortgage Company, 4000 Ming Avenue, Bakersfield, for construction of a six foot high fence behind sidewalk on Teal Street at 3821 McCourey Street, per Board of Zon- ing Adjustment Modification No. 3854. Bakersfield, California, November 17, 1982 - Page 12 ¸97 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), and (u), of the Consent Calendar, were adopted Noes: Absent: call vote: Councilmen Christensen, Barton Means, Ratty, Rockoff, Strong None. Councilman Payne ACTION ON BIDS Upon a motion by Councilman Christensen, low bid of Traffic Devices, Inc., in the amount of $34,866.58, for Traffic Signal Controllers for various locations, was accepted and all other bids rejected. Assistant City Manager-Finance Higginbotham reported that in the event of a hazardous waste spill inside the City, the City would not have the personnel or equipment to clean up such a spill. The City requested proposals from fourteen firms and received one from IT Corporation and one from Invac Environmental. The proposals were reviewed by the Fire, Police, Public Works and Finance Depart- ments. Three major areas of concern were: response time in the event of a spill; experience the company has had in dealing with hazardous waste spills; and costs. It was the opinion of all depart- ments reviewing the proposals that IT Corporation satisfied the needs of the City. IT Corporation did not have a minimum charge. Invac Environmental, Incorporated, had a minimum 8 hour charge and all charges were related to not only the type of personnel, but also the equipment used for a specific spill. It should be noted, any cost associated with clean-up of a chemical spill would be billed to the responsible party. In answer to a question by Councilman Means, Fire and Developmental Services Director Needham stated the Police Depart- ment has control of the scene of an accident. The Fire Department will be the specialist in identifying material and designating what type of action should be taken in regard to actual hazardous by the following roll Ayes: Bakersfield, California, November 17, 1982 - Page 13 chemicals. The Police Department is in control of the over-all operation. Councilman Means stated his concern was not just with agencies within the City but also agencies throughout the State such as, the Health Department, Highway Patrol, and State Depart- ment of Health. Fire and Developmental Services Director Needham stated it is clearly laid out. In a situation on a State highway, the Highway Patrol would be in control of the scene. The Health Department, as do other departments, has certain levels of control. City Manager Kelmar stated that recently staff went through an exercise in an emergency situation and, as a result of that exercise, emergency procedures are being updated. Councilman Means requested staff keep him informed of the process and the decision that specifically outlines when there is an accident within the City Limits who has the ultimate authority. Upon a motion by Councilman Means, proposal of IT Corporation for removal of hazardous chemicals in the City of Bakersfield, was accepted, the other proposal rejected, and the Mayor was authorized to execute the contract. In answer to a question by Councilman Strong, Assistant City Manager-Finance Higginbotham stated response time by IT Corporation to an emergency spill is fifteen minutes around the clock. Councilman Means requested City Attorney Oberholzer research the law and provide him with the information relative to chemical spills. Upon a motion by Councilman Barton, low bid of Asphalt Paving Company of Fresno, in the amount of $86,225.00 for con- struction of a Reinforced Concrete Box Culvert at Stine Road and Farmers Canal was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, usual bidding require- ments were dispensed with, in accordance with Section 3.20.060 of Bakersfield, California, November 17, 1982 - Page 14 99 the Municipal Code and the Finance Operations Manager was author- ized to negotiate a price with Motorola Communications for two portable two-way radios and two pagers for the Police Department, within the amount budgeted of $4,200.00. Upon a motion by Councilman Means, low base bid plus Additions A and B, of GCA Equipment Rental, in the amount of $65,027.10, for construction of storm drains on Myrtle Street north of 24th Street, Palm Street at "H" Street and 2nd Street, Chester Avenue to Eye Street, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bid of Granite Construction Company, in the amount of $16,215, for construction of Garland Avenue/Wible Road Storm Drain, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bids of Three Way Chevrolet (for three items), in the amount of $81,622.92, and Jim Burke Ford (for six items), in the amount of $54,400.45, for pick- up trucks, cabs and chassis for the Public Works Department, was accepted and all other bids rejected. Upon a motion by Councilman Christensen, low bid of Industrial Hydropower, in the amount of $11,660.00 for hydroblaster for the Public Works Department, was accepted and the other bid rejected. Upon a motion by Councilman Ratty low bid of Ruckstell California Sales, in the amount of $56,273.28, for refuse contain- ers, was accepted and the other bid rejected. Upon a motion by Councilman Barton, low base bid of Burk Oilfield Construction, in the amount of $34,020.34, for sludge pump relocation at Wastewater Treatment Plant 2, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Bakersfield, California, November 17, 1982 - Page 15 DEFERRED BUSINESS Adoption of Ordinance No. 2787 New Series of the Council of the City of Bakersfield amending Chapter 2.16 of Title 2, Sections 2.16.010, 2.16.020 and adding Subsection (H) to Section 2.16.030. Upon a motion by Councilman Payne, Ordinance No. 2787 New Series amending Chapter 2.16 of Title 2, Sections 2.16.010, 2.16.020 and adding Subsection (H) to Section 2.16.030, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes None. Absent: None. Adoption of Ordinance No. 2788 New Series of the Council of the City of Bakersfield amending Section 15.12.280 and repealing Section 16.44.030 B. of the Bakersfield Municipal Code relative to Final Grading Report and City Engineer's Certificate. Upon a motion by Councilman Payne, Ordinance No. 2788 New Series amending Section 15.12.280 and repealing Section 16.44.030 B. of the Bakersfield Municipal Code relative to Final Grading Report and City Engineer's Certificate, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None. Absent: None. NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the east side of Hughes Lane, north of Fairview Road. This amendment was initiated by the Planning Commission and would change subject property from an "A" (Agricultural Zone to an R-1 (One Family Dwelling), or more restrictive Zone. Bakersfield, California, November 17, 1982 - Page 16 The Planning Commission approved the amendment and recommended same to the City Council. First reading was considered given an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakers- field by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the east side of Hughes Lane, north of Fairview Road. First reading of an Ordinance of the Council of the City of Bakers- field changing the name of Cooper- wood Lane to Copperwood Lane. A request from residents of Cooperwood Lane to change the street name to Copperwood Lane, located between Shiloh Road and Juniper Ridge Road in the Northeasterly area of the City of Bakersfield, was considered and approved by the Planning Commission on September 16, 1982. First reading was considered given an Ordinance of the Council of the City of Bakersfield changing the name of Cooperwood Lane to Copperwood Lane. Approval of Proposed Kern River Property Exchange between Tenneco Realty Development Corporation and the City of Bakersfield. This proposed property exchange involves 31.64 acres of Tenneco land to be exchanged for 1/6 of an acre, 7,563 square feet, of City property. The Tenneco property is located astride the Kern River Channel between Chester Avenue and Manor Street. The City property to be exchanged is located at the northeast corner of the Kern River levee at 24th Street. The terms and conditions of this proposed property exchange were reviewed and recommended for adoption by the Water Board on October 27, 1982. Upon a motion by Councilman Ratty, proposed Kern River property exchange between Tenneco Realty Development Corporation and the City of Bakersfield, was approved. Bakersfield, California, November 17, 1982 - Page 17 Adoption of Resolution No. 129-82 of the Council of the City of Bakersfield providing for the Adjustment of Prop- erty Tax Revenues upon Local Agency Jurisdictional Change Resulting from Annexation No. 286, LAFCO Proceeding No. 796 (Kern River No. 8). Kern River No. 8 Annexation cannot be processed until there is a negotiated exchange of Property Tax Revenues between the County and City. The County will, by resolution, agree to the exchange of Property Tax Revenues. After the City and County adopt resolution for the exchange of Property Tax Revenues, as provided in this resolution, the annexation can continue to be processed. Upon a motion by Councilman Christensen, Resolution No. 129-82 of the Council of the City of Bakersfield providing for the Adjustment of Property Tax Revenues upon Local Agency Juris- dictional change resulting from Annexation No. 286, LAFCO Proceed- ing No. 796 (Kern River No. 8), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Strong, Barton Noes: None. Absent: None. Payne, Ratty, Rockoff, Adoption of Resolution No. 130-82 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon local agency jurisdictional change result- ing from Annexation No. 287, LAFCO Proceeding No. 797 (Kern River No. 9). The Kern River No. 9 Annexation cannot be processed until there is a negotiated exchange of Property Tax Revenues between the County and City. The County will, by resolution, agree to the exchange of Property Tax Revenues. After the City and County adopt resolution for the exchange of Property Tax Revenues, as provided in this resolution, the annexation can continue to be processed. Bakersfield, California, November 17, 1982 - Page 18 103 Upon a motion by Councilman Ratty, Resolution No. 130-82 of the Council of the City of Bakersfield providing for the adjust- ment of Property Tax Revenues upon local agency jurisdictional change resulting from Annexation No. 287, LAFCO Proceeding No. 797 (Kern River No. 9), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong, Barton Noes: None. Absent: None. Adoption of Resolution No. 131-82 of the Council of the City of Bakersfield providing for the adjustment of Property Tax Revenues upon local agency juris- dictional change resulting from Annex- ation No. 284, LAFCO Proceeding No. 795 (Kern City No. 2). Attorney Oberholzer stated pursuant to some last minute negotiations by Assistant City Manager-Finance Higginbotham, there has been a change in this Resolution. Above paragraph 2, where it states Fiscal Year 82-83, insert "...and provided that the afore- said portion of the County of Kern General Fund to be transferred to the City of Bakersfield shall be reduced by: $7,281 from the base amount for Fiacal Year 82-83; and 2.7562 from the annual tax increment factor for%~cceeding years..." The Kern City No. 2 Annexation cannot be processed until there is a negotiated exchange of Property Tax Revenues between the County and City. The County will, by resolution, agree to the exchange of Property Tax Revenues. After the City and County adopt resolution for the exchange of Property Tax Revenues, as provided in this resolution, the annexation can continue to be processed. Upon a motion by Councilman Ratty, Resolution No. 131-82 of the Council of the City of Bakersfield providing for the adjust- ment of Property Tax Revenues upon local agency jurisdictional change resulting from Annexation No. 284, LAFCO Proceeding No. 795 (Kern City No. 2), was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Means, Strong, Barton None. None. Payne, Ratty, Rockoff, 104 Bakersfield, California, November 17, 1982 - Page 19 EXECUTIVE SESSION The Council recessed to an Executive Session to discuss labor negotiations at 9:40 P.M. The regular meeting was reconvened at 10:15 P.M. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:20 P.M. MAYOR of h ' y akersfield, Calif. ATTEST: of the City of Bakersfield, California CW Bakersfield, California, November 22, 1982 105 Minutes of a special meeting of the Council o£ of Bakersfield, California, held in the Council Chambers Hall at 12:00 Noon, November 22, 1982. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance. The Present: Mayor Shell. Absent: the City of City followed City Clerk called the roll as follows: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen None. Mayor Shell announced that Golden Empire Transit District Board Members Carter and Franklin were present to receive input fr.~m the Council regarding a proposed downtown Golden Empire Transit District Transit Facility. OPENING REMARKS BY CITY MANAGER City Manager Kelmar stated at the last joint meeting, between the Council and Golden Empire Transit District Board, the Council was polled as to the type and location of a facility (on or off-street) they preferred. The Council indicated a preference for an off-street facility. In all fairness to the Council, they did not feel they had selected a location. In fairness to the G.E.T. Board the record and study they had prepared by Barton-Aschman Associates, Inc., recommended the 21st Street and Chester Avenue location. As a result the G.E.T. Board acted on that location. For various reasons the Council has indicated a preference £or another location at 19th and "K" Streets. The discussion today should attempt to focus on the pros and cons of those two locations, rather than why G.E.T. selected the site at 21st Street and Chester Avenue. The G.E.T. Board indicated that if the Council has addi- tional information as to why the location should be changed it should be forwarded to them £or evaluation. City Manager Kelmar stated he had a brief discussion with Mr. Scales of Barton-Aschman Associates, Inc., and he was asked for comments on the appropriateness of the 19th and "K" Streets 106 Bakersfield, California, November 22, 1982 - Page 2 location, if he had an opportunity to study it. From Mr. Scales perspective, he felt, for the transit rider, that the closer prox- imity of the 19th and "K" Streets site to the main part of down- town was a better location. From a bus operation standpoint, he felt, it was a little worse than the 21st Street and Chester Avenue location, but not that undesirable. He also felt that either location for the facility would have a potential to support redevelopment. From the standpoint of the transit image the 21st Street and Chester Avenue location was more desirable, because it would be a more visible site than one east of Chester Avenue. Mr. Scales felt that the one significant issue, real or perceived, is the safety and security of the elderly and females who ride the. buses. DISCUSSION ON THE GOLDEN EMPIRE TRANSIT FACILITY LOCATION. Councilman Strong asked if police records indicate that the 19th and "K" Streets area is a high crime area. City Manager Kelmar stated one of the basic reasons American National Bank moved out of the area was because of prob- lems they had with individuals circulating in the area. They had to escort female employees to their cars at night. Police Captain Thompson stated the Police Department does not keep specific statistics on that area, however, he does not believe it is a high crime rate area. There have been some complaints from business owners regarding drinking in the parking lots and concern for employees. The Police Department has a beat officer give attention to those areas around Chester Avenue, 20th and 21st Streets, and 20th and "K" Streets, as far as employees coming to and from stores. There have been a few purse snatches, however, overall that area is not in either direction. Councilman Strong stated received were related to any worse than several blocks some of the complaints he has the blood bank operation. Bakersfield, California, November 22, 1982 - Page 3 107 City Manager Kelmar stated the City Council did not renew the lease on the blood bank center and they are no longer at that location. G.E.T. Board Member Carter stated he is concerned about the operational cost for either facility. The District has to maintain a fair ratio of fares present time is 25.6. It will spend a lot of money to secure to the total cost, which at the run the cost up if G.E.T. has to the facility at 19th and "K" Streets, which may not present a problem at 21st Street and Chester Avenue. Mr. Carter felt the Council and G.E.T. should cooperate on that matter. Another area that should be discussed is ingress and egress to and from the facility, which might be better at 21st Street and Chester Avenue. Councilman Rockoff stated the Quad Study concluded that the 19th and "K" Streets was a good location for the bus transfer point and they did not seem to find any negative factors regarding egress and ingress of the buses. Councilman Means stated the advantage of the 19th and "K" Street location is that is an area the Council is focusing on for redevelopment. The Council hopes by redeveloping that area it will get rid of some of the undesirable businesses. G.E.T. Board Member Franklin stated the G.E.T. Board feels any dispute has been discussed. The Council had ample oppor- tunity to present their views. A $30,000 study was conducted by Barton-Aschman Associates, Inc., sponsored jointly by KernCog, G.E.T. and the Bakersfield Redevelopment Agency. G.E.T. felt that was the time for all the input. They feel that now they need to hear some- thing new or something they did not know instead of rehashing and redebating the issue and possibly jeopardizing the grant. Councilman Rockoff stated Barton-Aschman was told the 19th and "K" Streets site was not available for study because of aa exclusive right to negotiate. That information was an error and 108 Bakersfield, California, November 22, 1982 - Page 4 Barton-Aschman did not give attention to that location. The City Manager has indicated Barton-Aschman considers 19th and "K" Streets a viable location. Therefore, the fact they did not have it in the study should not have a bearing on the decision as to the location. The Council is interested in the proper location and not what may have been a technical error in the study. site east. recommendation would have been if that site had been included in the study. The Quad Study's assessed valuation of the 19th and "K" Streets site is interesting. He would be very interested in that site if it will cost a million dollars less than the 21st Street and Chester Avenue site. City Manager Kelmar stated he does not think there is any question that the 19th and "K" Streets site would be signifi- cantly cheaper than the other location. Almost half of the block is vacant. Councilman Payne stated he wanted to make it clear that he personally does not feel that the Council or Redevelopment Agency had adequate input in the joint meeting with the G.E.T. Board. On many occasions that evening the G.E.T. Board reminded the Council that they had a scheduled meeting immediately follow- ing. A Board Member stated they were late for the other meeting and all they wanted from the Council and Redevelopment Agency was a vote as to whether or not they wanted an off- or on-street terminal. The minute the results of the votes were known the G.E.T. Board left and he feels the Council was short changed. Councilman Payne requested the definition of an off-street terminal, because he does not feel that it should consist of a fast food restaurant and transient park. If that is what is intended at that location it will be a misuse of the U.M.T.A. funds. The majority of those funds are to be granted for the construction of an off-street terminal facility and not a fast food restaurant. G.E.T. Board Member Carter stated the 19th and "K" Streets was based on the shopping mall being developed to the north-. The G.E.T. Board would like to know what the Barton-Aschma~ Bakersfield, California, November 22, 1982 - Page 5 109 G.E.T. Board Member Franklin stated at this point there is not a plan or design for a park, building or fast food business, it is just part of the alternatives available. Councilman Christensen stated if a park is placed at that location it will attract derelicts, drunks and bums and that is a proven fact. It will create problems that have never been brought before the Council and was not part of the study. City Manager Kelmar stated, in fairness to the G.E.T. Board, they have not acted on any type of facility. At their last meeting the consultant presented an initial conceptual design, which is the one being discussed. However, the Board has not agreed, any manner, to that type of facility or any facility at this point in time. Councilman Barton stated he would support a reasonable cost to add the 19th and "K" Streets site to the Barton-Aschman Study, if it is necessary to convince the G.E.T. Board of its possible viability. He also stated he understands the G.E.T. Board's position regarding the fare box ratio of the cost and asked if they would be willing to consider a joint venture agreement to lease space to help off-set the cost for added services and to hold the fare box ratio down. G.E.T. Board Member Carter indicated they would consider that and stated he felt it would be a step in the right direction. City Manager Kelmar stated he does not know how much effort will have to go into a study of the 19th and "K" Streets site, but an updated environmental review and appraisals will have to be accomplished. Mr. Scales has indicated that the study of that location could be completed in a couple of weeks. Councilman Rockoff stated he is very concerned that G.E.T.'s decision is based predominantly on obtaining a fast food restaurant at 21st Street and he hopes that is not the basis for their decision as to the location of the transit facility. If they choose the 110 Bakersfield, California, November 22, 1982 - Page 6 wrong location for that reason only, it will be very unfair to the bus riders and the City of Bakersfield in its redevelopment plans. G.E.T. Board Member Carter stated when the Board talked about the 19th and "K" Streets site, they also talked about the fast food restaurant to provide income to off-set the operating costs. It is not something new that was just talked about for the 21st Street and Chester Avenue site. He also stated he did see a conceptual rendering of a park with a fast food service, but it also contained information services, restrooms and other thing~ that would provide for transit. for the terminal, whether it is 21st Street and Chester Avenue. The Board has not chosen a design. located at 19th and "K" Streets or Mr. Scales has told their Manager the transit rider would be better served at the l~th and "K" Streets site and the bus operations, transit image and safety and security would be better served at the 21st and Chester site. The Council has indicated they have strong feelings for the 19th and "K" Streets site in order to help redevelopment of the surrounding area. Mr. Carter indicated Barton-Aschman needs to include these considera- tions and differences in assessed valuations in their recommenda- tion to the G.E.T. Board. There are negatives and positives for both sites. A decision will have to be made by December 7, 1982, which is the G.E.T. Board's meeting date. It would not be right to hire a professional consultant at great expense and then ignore his recommendation. A decision will have to be made based on what is good for transit and the things that have been brought out. City Manager Kelmar stated Mr. Scales has stated that he plans to submit to the G.E.T. Board on December 7th, the final application for processing. One of the things that disturbs him is the consideration on a two step basis of finding a location and then determining what will be placed on it. There should be a perspective as far as the whole concept is concerned. A whole block may be acquired and there may not be funds to construct a Bakersfield, California, November 22, 1982 - Page 7 11'1 facility, other than a park. There has not been consideration of what is going to be on that particular block and whether or not a whole block is necessary. Councilman Barton stated he would like Barton-Aschman Associates, Inc., to study the 19th and "K" Streets site and present their recommendation to the G.E.T. Board and, hopefully, they will reconsider their decision and grant funds can be obtained for that site. During discussion, Councilman Ratty made a motion that the Council authorize the expenditure of $3,000 from the Council Contingency Fund for Barton-Aschman Associates, Inc., to pursue the study o£ the 19th and "K" Streets site and return to the G.E.T. Board with a recommendation by December 7, 1982. G.E.T. Board Member Franklin suggested that the Council contact U.M.T.A. and let them know this site is being studied, because time could run out for submitting the application for the funds. At the request of Councilman Means, Councilman Ratty included in his motion that a Councilman contact U.M.T.A. and assure them that a location has been agreed on and it will be a few more weeks and no more changes will be made. At the request of Councilman Barton, Councilman Ra~ty amended his motion that authorization be granted to spend up to $3,000 from the Council's Contingency Fund for the update of the Barton-Aschman Study and other funds the City Manager may deem necessary, not to exceed a total cost of $5,000. Councilman Ratty's amended motion that authorization be granted to spend up to $3,000 from the Council's Contingency Fund for Barton-Aschman Associates, Inc., to pursue the study of the 19th and "K" Streets site and other funds the City Manager may deem necessary, not to exceed a total cost of $5,000, and return to the G.E.T. Board with recommendation by December 7, 1982; and a Council- man contact U.M.T.A. to assure them that a location has been agreed 112 Bakersfield, California, November 22, 1982 - Page 8 on and it will be a made, Ayes Noes Absent: stating the Council an open checkbook. that way. ADJOURNMENT There being no further business to Council, upon a motion by Councilman Means, adjourned at 1:15 P.M. few more weeks and no more changes will be carried by the following roll call vote: Councilmen Means, Payne, Ratty, Rockoff, Barton Councilman Christensen Councilman Strong Councilman Christensen clarified his negative vote by is not acting responsibly by contracting He does not want to spend taxpayers money come before the the meeting was MAYOR of fie 'ty of Bakersfield, Calif. ATTEST: CITY CLERI~ an~/Ex Officio Clerk of the Council of the City of Bakersfield, California ma/cw Bakersfield, California, December l, 1982 113 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., December 1, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Dr. Clyde ~asdin of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Absent: None Strong, Barton, Christensen, Means Minutes of the regular meeting of November lO, were approved as presented. 1982, SCHEDULED PUBLIC STATEMENTS Mr. Michael J. Callagy, Cornerstone Engineering, Inc., Street, on behalf of the Calvary Bible Church, stated he 159 "H" made a procedural error in his request to have the City pave the acceleration lane on ~{anor Street and staff is taking care of the matter. Mr. Philip Rudnick, Attorney at Law, representing Getty Synthetic Fuels, 5300 California Avenue, Suite 255, requested that Getty Synthetic Fuels be allowed to submit a formal economic pro- posal for the development of the Sanitary Landfill for the Methane Gas Recovery Program. Getty Synthetic Fuels has never been requested, as far as they understood, to submit a formal proposal, including the economics, that they felt could be offered to the City. Apparently, in the course of the committee's considerations they assumed they had heard all that Getty Synthetic Fuels intended to propose. Based on what he believes to be a lack of total infor- mation, the committee made a recommendation to the Council. The Council adopted that recommendation instructing the committee to proceed to negotiate with another interested party. Members of the committee felt it would be improper to accept additional information, in the nature of a formal proposal, because the Council had instructed 114 Bakersfield, California, December 1, 1982 - Page 2 them to begin negotiations with a specific party. Mr. Rudnick stated he felt the Council was the appropriate place to present this request, hoping they will reconsider and instruct the com- mittee to receive the formal economic proposal. Mr. Robert Collins, President of Getty Synthetic Fuels, subsidiary of Getty Oil Company, stated they are the world leaders in methane recovery from sanitary landfills and believe they were the first company to go into this business. They feel there was a lack of communication between the committee and Getty Synthetic Fuels. Getty responded, in ~ay, to a request for qualifications. A financial presentation was not made in that response and it would not have been appropriate at that time. A verbal presentation was made on June 22, 1982, and, again, a financial proposal was not given or requested. Getty Synthetic Fuels is qualified to develop this site, but was never requested to make a financial proposal. In late September they found out that the City was not going to request a proposal. Getty believes the reason was a misinterpre- tation of their position. ~r. Collins requested the opportunity to present an economic proposal to the City for evaluation. ~r. Rudnick stated, if this request is approved by the Council, Getty Synthetic Fuels is prepared to deliver the formal proposal tomorrow morning. In answer to a question by Councilman Rockof£, Public Works Director Hawley stated, as one member of the committee that met with Getty Synthetic Fuels, that all points were covered during the interviews. Prior to the meeting there was discussion about how the interviews would be held and who would participate. During the interviews the committee indicated what the next steps would be. He felt everyone understood what the procedures would be. Councilman Ratty stated his impression was the same as Councilman Rockoff's and feels they received all the information needed. This project should not be delayed any longer because of the potential danger to the citizens in the area. Bakersfield, California, December l, 1982 - Page 3 City Manager Kelmar stated, from the staff's perspective and everything he has been able to determine, all firms were given an equal opportunity and the recommendation was made on the infor- mation obtained from the interviews. The Council has made a recom- mendation to enter negotiations with one of the other organizations and staff is in the process of preparing a contract. The City's credibility is being discussed here. Getty Synthetic Fuels may have felt they left something on the table, but the City does not do business that way. Mr. Collins stated they do not do business that way either. They do not feel anything was left on the table, because nothing was put on the table. They are fully prepared to make a proposal. They do not want to do business by second guessing another firm. They do not have any information as to what their competitors are proposing. They feel it is only fair to be given the right to submit what they propose. In answer to a question by Councilman Payne, City Attorney Oberholzer stated sometime ago the Council took action directing staff to negotiate with Cambrian and that is being done at the present time. It is anticipated that the contract with Cambrian will be presented at the next Council Meeting, if the difficulties can be worked out. If the difficulties cannot be worked out, then the Council will have the option to reopen the matter and request further proposals from other firms. It would be inappropriate to negotiate with two firms at the same time, because it would place them in the position of being one against the other and that is where the issue of credibility comes into play. The firms like to keep their information confidential and at this stage of the proceedings Cambrian's information is no longer confidential. Cambrian competed against Getty Synthetic Fuels and the committee chose them, based on the information submitted. Councilman Ratty made a motion that the Council proceed with the course presently being taken with regards to the Methane Gas Recovery Program at the Sanitary Landfill. Bakersfield, California, December l, 1982 - Page 4 Mr. Peter Soriano, Manager of Project Development for Getty Synthetic Fuels, stated in the presentations they explained how they would be able to monitor whether gas was going off site, how the wells would be placed, how the testing would be done and at the same time leave something for the City to be able to monitor where the gas is located and going. During discussion, ~lr. Robert Hatch, who introduced Mr. Tudor Williams, Officers in Cambrian Energy, outlined some of the projects they are involved with and their qualifications to conduct the Methane Gas Recovery Program for the City of Bakersfield and County of Kern. He felt the Council is being requested to change the rules and that is not they were and he is sorry requested by the City. right. Getty was told the same things if they did not understand what was being After considerable discussion, that the Council proceed with the course presently regards to the Methane Gas Recovery Program at the was unanimously approved. Mr. Issac Culp, 2509 19th Street, Apt. A, registered a complaint against Cox Cable TV regarding his bill and requested that the matter be investigated. Mr. Culp stated they turned a bill over to a collection agency that he did not owe, which placed his job in jeopardy. Mr. Howard Channell, General Manager of Cox Cable TV, stated he has talked to Mr. Culp regarding his bill and did not feel this was the time or place to discuss his credit or bill. Mr. Channell indicated Mr. Culp was behind in paying his bill. CORRESPONDENCE Upon a motion by Councilman Strong, communication from Becker & Bell, Inc., Management Consultants-Labor Relations, Placerville, California, dated November 12, 1982, forwarding completed Memoranda o£ Understanding for each bargaining unit, was received and ordered placed on file. Councilman Ratty's motion being taken with Sanitary Landfill, Bakersfield, California, December 1, 1982 - Page 5 'i17 Upon a motion by Councilman Ratty, communication from Audrey Cochran, 7901 Shetland Drive, dated November 22, 1982, regarding the road work being done on Ming Avenue, was received and ordered placed on file. Upon a motion by Councilman Barton, communication from ~lr. and Mrs. Harvey R. Amos, The Regency, 2521 "F" Street, dated November 24, 1982, offering to donate their compact theatre organ to the City of Bakersfield for use at the Civic Auditorium, was received, the offer was accepted and the Mayor was requested to send a letter of appreciation to Mr. and Mrs. Amos for their generous donation. Mayor Shell introduced Mr. Harvey Amos and thanked him, on behalf of the City, for his donation of the organ. Mr. Harvey Amos stated they feel the City of Bakersfield is fortunate to have such a magnificent Civic Auditorium and felt an organ was needed for various functions. COUNCIL STATEMENTS First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 2.72 of Title 2 of the Bakersfield Municipal Code relating to appointment o£ relatives of City Council, Boards, Commissions and Employees. Councilman Payne stated he has provided each Councilman with a proposed change in an existing ordinance relative to appoint- ment of a spouse or relative of a Council or Commission member. The proposed ordinance would amend Section 2.72.120 C (3) to read as follows: Nepotism -- Appointment of Spouse or Relative: Appointments of persons who are related as provided above to a member of the City Council, Board or Commission of the City or to a City employee, may be approved if the appropriate Civil Service Board determines that a conflict does not or will not exist. City Attorney Oberholzer stated the following cities were polled regarding their Nepotism Ordinances: Bakersfield, California, December 1, 1982 - Page 6 Culver City - San Bernardino - Santa Ana - Long Beach Fresno - Stockton - No prohibition. No prohibition. No prohibition. No prohibition. Prohibits an appointing authority from making an appointment of a relative to a position within the City (City Council is not the appointing authority in Bakers- field or Fresno). Prohibits the appointment of a relative of a Council member, however, the majority of the Council can waive that by a vote. The League of California Cities' Legal Office felt the City of Bakersfield's ordinance was more restrictive than most cities in California. The ordinance proposed by Councilman Payne contains a prohibition that most cities do not have. The appointment of a member of the Council's family can only be made after a determina- tion is made by the Civil Service Board that no conflict exists or will exist with respect to that employees position with the City. Upon a motion by Councilman Payne, first reading was considered given an Ordinance of the Council of the City of Bakers-- field amending Chapter 2.72 of Title 2 of the Bakersfield Municipal Code relative to appointment of relatives of City Council, Boards, Commissions and Employees, and is to be placed on the Agenda for action at the meeting of December 8, 1982. REPORTS Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 33-82 regarding Agreement with S.P.C.A. for Animal Control, as follows: Beginning January 1, 1979, the City of Bakers- field entered into an agreement with the Bakersfield S.P.C.A. to provide enforcement and performance of powers and duties as set forth in the "Animal Control Ordinance" of the Bakersfield, Cali£ornia, December 1, 1982 - Page 7 11.9 City's Municipal Code. The original agreement was for the period of January l, 1979 through June 30, 1980, and has been amended and re- newed each year thereafter through June 30, 1982. Commencing July l, 1982, the S.P.C.A. requested an annual increase of $18,000. In light of the uncertainties relating to the City's annual budget, on July 7, 1982, the City Council approved an amendment to continue the terms o£ that agree- ment on a month-to-month basis until such time as a new agreement may be made. This Committee has met with members of the City staff and representatives from the S.P.C.A. to review S.P.C.A.'s request for additional ~unds for operations through June 30, 1983, and the probability of the continued need for annual adjustments to compensate for increasing operational costs. Our discussions centered around the current operations of the S.P.C.A., the level of service they are providing to the City for the City funds being expended, and possible alternatives for funding S.P.C.A.'s operations (other than through the General Fund as currently being done). Pursuant to our discussions, this Committee is satisfied with the level of service being provided by the S.P.C.A. and consider the requested increase to be warranted. In order to ensure the City receiving the best possible return for the tax dollars expended, the City's Internal Auditor should prepare an interim report on the S.P.C.A.'s financial records and operations. As stated above, this Committee recognizes the strong probability of the continuing need to made annual adjustments to compensate for in- creases in operational costs, etc. During our discussions, we noted the dog population of the City of Bakersfield to be approximately 70,000. Of the 70,000 dogs, enly 8,000 are licensed. We further noted that if all dogs were licensed, approximately $500,000 of revenue would be generated. We realize that it is not practical to consider the possibility of licensing all dogs in the City of Bakers£ield, however, we feel the solution to the continuing problem of funding the S.P.C.A. is to generate more revenues by licensing a higher percentage of those animals currently not licensed. Therefore, this Committee recommends: City Council approve an amendment to the agreement with the S.P.C.A. through June 30, 1983, including an increase of $18,000, and authorize the Mayor to execute same. Direct City staf£ to prepare an interim audit of the financial records and books of the S.P.C.A. 120 Bakersfield, California, December l, 1982 - Page 8 ~r. Don Johnson, Executive Director of the S.P.C.A., reported on their services to the City and Door-to-Door Canvassing Program for licensing dogs. They feel the revenue for animal control should come from the licensing rather than the City's General Fund. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 33-82 regarding Agreement with S.P.C.A. for Animal Control, was accepted; amendment to agreement with the S.P.C.A. through June 30, 1983, including an increase of $18,000, was approved and the Mayor was authorized to execute same; and staff was directed to prepare an interim audit of the financial records and books of the S.P.C.A. Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 8-82 regarding Weed Abatement Program, as follows: During 1978 the City Council authorized the Fire Department to proceed with the City's Weed Abatement Program on a complaint basis and have the annual nuisance lots and special hazards cleaned. The program was revised due to excessive costs of abatement by the contractors and attempts to have nonprofit groups do the cleaning were made but were not successful. Since that time, notices to property owners have been rewritten with more effective results. The Fire Safety Control Division of the Fire Department has been successful on following up approximately 750 to 850 complaints per year. Since 1978, it has been necessary to bring only two lots to the Council for authorization to abate the hazard. In addition, the City Attorney's Office has analyzed the ordinance and ascertained that more than one hearing can be held throughout the year to order the abate- ment of combustible materials on lots. This helps to simplify the process to some degree. The Committee's concern regarding the number of complaints Council members receive precipi- tated a discussion of the aspects of a full scale Weed Abatement Program. Due to the logistics problems, the additional burden placed on existing staff, hiring of more personnel and the purchase of heavy equipment, this alternative was not considered further. Bakersfield, Cali£ornia, December 1, 1982 - Page 9 12l The Fire Chief reported that the existing Weed Abatement Program is acceptable, but the work load for the four (4) Arson and Inspection Captains in the Fire Safety Control Division is significant and that the Weed Abatement Program is not pursued on a top priority basis. An additional position is needed to properly handle weed abatement and follow-up on other types of inspection work. The Committee thereon recommended that the position of Community Service Technician be considered by the Governmental Efficiency and Personnel Committee for this purpose. Another concern of the Committee is the cost to the City for staff to carryout the Weed Abate- ment Program for which there is no monetary return to the City except those cases that go to hearing. Section 8.28.100 A of the Municipa~ Code authorizes the Fire Chief to set an adminis- trative fee against each lot that goes to hearing. This Committee, therefore, recommends acceptance of this report; the Weed Abatement Program continue on a complaint basis with an emphasis on early abatement of lots for which complaints are received annually; continued abatement of lots that present a known hazard or nuisance; actual costs for administration be charged or levied against those properties that go to hearing; and that the Governmental Efficiency and Personnel Committee consider the addition of the position of Community Service Technician to the Fire Safety Control Division of the Fire Department. Councilman Barton stated the Fire Department will try to abatement the weed problems in the City as early as possible so the hazard is not present during the summer months. Upon a motion by Councilman Ratty, Water and City Growth Committee Report No. 8-82 regarding Weed Abatement Program, was accepted; the Weed Abatement Program will continue on a complaint basis with emphasis on early abatement of lots on which complaints are received annually; abatement of lots that present a known hazard or nuisance will be continued; actual costs for administration will be charged or levied against those properties that go to hearing; and the Governmental Efficiency and Personnel Committee is requested to consider the addition of the position of Community Service Technician for the Fire Safety Control Division of the Fire Department. 122 Bakersfield, California, December 1, 1982 - Page 10 Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 9-82 regarding Sign Ordinance, as follows: On January 20, 1982, the City Council extended the amortization period for removal of certain legal, nonconforming signs by local governments to January, 1983. This Committee has analyzed certain sections of the Sign Ordinance which need revision, for the ordinance to be more consistent, and that abatement of legal nonconforming signs take place by attrition, as well as amortization. Staff has been directed to analyze the following areas of the ordinance and report back to the Committee with recommendations: Establish conditions for the abatement of legal, nonconforming signs with respect to the following: a. Change in ownership of a business. b. Change of the tenant of a business. c. The business or activity is discontinued or sold. d. A conditional use is granted for the business. Issuance of a Sign Permit for installa- tion, construction or painting of a new or additional sign on the property. 2. Bring the "Special Sign Permit" provision of the ordinance more in line with the ordinance as applied in specific zones. 3. Designation of thoS~ signs not presently addressed in the ordi2~a~ce which may need to be specifically prohibited. 4. Revision of definitions where needed. With the application of the aforementioned conditions, the Committee feels that removal of legal, nonconforming signs requiring abate- ment at the end of the amortization period will be significantly less than under the ordinance as presently written. Staff requested time to draft the additions and changes as stated in ordinance form for presentation back to the Committee for their study and recommendation. This, with the time necessary for Council study and action, will necessitate several months. Bakersfield, California, December 1, 1982 - Page 11 The Committee, therefore, recommends acceptance of this report and extension of the moratorium on removal of certain signs to January l, 1984. In the meantime, the Committee will return to the Council with specific recommendations for amending the Sign Ordinance. Upon a motion by Councilman Ratty, Water and City Growth Committee Report No. 9-82 regarding Sign Ordinance, was accepted; and extension of the moratorium for removing certain signs to January l, 1984, was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2828 to 3048, inclusive, in the amount of $1,669,191.24. (b) Claim for Persona] Injuries from Dawnette K. Minor, Jennifer C. Minor and Elizabeth D. Minor, surviving wife and children of Jerry A. Minor, deceased, 836 South O~eander Avenue, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Edward M. Pasulka, 2328 Cedar Street, Bakersfield. (Refer to City Attorney) Storm Drain Easement from Covington Brothers Technologies for completion o£ a portion o£ required improvements in the Fairview Road Planned Drainage Area, located north of Fairview Road, east of South "H" Street. (e) Public Road Easements and Vehicular Access Dedication from Tenneco Realty Development Corporation providing public road ease- ments for Mexicali Drive, Schirra Court, District Boulevard and Ashe Road and abandonment of vehicular access to a portion of White Lane and Ashe Road, as required by the Planning Commission for Parcel Map No. 6170, located on south side of White Lane between Ashe Road and the Arvin-Edison Canal. (f) Road Easement from Tenneco Realty Develop- ment Corporation for Kroll Way, as required by the Planning Commission for Parcel Map No. 6721, located south of Stockdale Highway, west of Gosford Road. (g) Map of Tract No. 4395, Units "C" and "D", and Improvement Agreements with U. S. Home Corporation for construction of improvements therein, located on the west side of Dunsmuir Road and north o£ Business Center Drive. Bakersfield, California, December l, 1982 - Page 12 (h) Notice of Completion and Acceptance of Work on Fire Department Training Class- room at 2130 "G" Street, Contract No. 82-177 with Hooper Air Conditioning. (i) Notice of Completion and Acceptance of Work on plans for Traffic Signal Systems and Street Modifications on Auburn Street and Oswell Street, Wilson Road and Real Road, Stockdale Highway and California Avenue, and California Avenue and Oak Street, Contract No. 82-94 with Smith Electric Supply. (J) Plans and Specifications for Traffic Signal Systems and Modifications on "F" Street at the intersections of 18th, 19th 21st and 30th Streets. (k) Request for Leave of Absence Without Pay for Personnel Clerk Brenda Toney. Mrs. Toney is presently on a 30-day Leave of Absence Without Pay, which terminated November 24, 1982, and she is requesting an additional 30-day leave, which will carry her through December 24, 1982. (1) Request from Pueblo De La Luna for ex- tension of time to complete improvements in Tract No. 4241, Agreement No. 80-193, located south of Pacheco Road and west of Wible Road. Completion date for this Tract was December 1, 1982. The revised completion date is December l, 1983. (m) Ditch Eradication Agreement and Pipeline Easement with Cecil R. Hall. The agree- ment will allow Mr. Hall, as landowner, to convert a City operated open ditch to covered pipeline. The City will grant to Mr. Hall the existing easement, receiving a pipeline and maintenance easement in return. Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1) and (m) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Barton, low bid of Granite Construction Company, in the amount of $69,053, for resurfacing portions of White Lane, Calcutta Street and Benton Street, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Bakersfield, California, December 1, 1982 - Page 13 12.5 Upon a motion by Councilman Rockoff, bid of Broadbent Corporation, in the amount of $5,885.12, for Traffic Recorders, was accepted. Upon a motion by Councilman Ratty, low bid of Floyd's Stores, in the amount of $5,269.12, for Office Furniture for the Personnel Department, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2789 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the east side of Hughes Lane, north of Fairview Road. This amendment was initiated by the Planning Commission and would change subject property from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Strong, Negative Declaration and Ordinance No. 2789 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the east side of Hughes Lane, north of Fairview Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Noes: None Absent: None Adoption of Ordinance No. 2790 New Series of the Council of the City of Bakersfield changing the name of Cooperwood Lane to Copperwood Lane. Upon a motion by Councilman Christensen, Ordinance No. 2790 New Series of the Council of the City of Bakersfield changing Bakersfield, California, December 1, 1982 - Page 14 the following roll call vote: name of Cooperwood Lane to Copperwood Lane, was adopted by the Councilmen Payne, Ratty, Rockoff, Christensen, Means None None Ayes: Noes: Absent: Strong, Barton, Approval of Agreement between Santa Fe Energy Company and City of Bakers- field for Sante Fe to provide electrical power to City at and for Beardsicy Diversion Weir. Pursuant to this agreement, City is permitted to tie into electrical service available on Santa Fe Energy Company property for the operation of the radial gates, weir lights and telemetry at the Beardsicy Diversion Weir. This item was deferred at the Council Meeting of October 6, 1982. Upon a motion by Councilman Rockoff, Agreement between Santa Fe Energy Company and City of Bakersfield for Santa Fe to provide electrical power to City at and for BeardsIcy Diversion Weir, was approved and the Mayor was authorized to execute same. Approval of Agreement between Tenneco West and City of Bakersfield per- mitting City to construct underground electrical conduit from existing utility services to BeardsIcy and Rocky Point Diversion Weirs and to execute License Agreement with respect thereto. This agreement authorizes the City to lay electrical lines across Tenneco West property from Chevron, U.S.A. facilities to the Rocky Point Diversion Weir and from Santa Fe Energy Company facilities to the Beardsicy Diversion Weir. This item was deferred at the Council Meeting of October 6, 1982. Upon a motion by Councilman Rockoff, Agreement between Tenneco West and City of Bakersfield permitting City to construct underground electrical conduit from existing utility services to BeardsIcy and Rocky Point Diversion Weirs and to execute License Agreement with respect thereto, was approved and the Mayor was authorized to execute same. Bakersfield, California, December 1, 1982 - Page 15 127 Approval of Agreement between Chevron, U.S.A. and City of Bakersfield for Chevron to provide electrical power to City at and for Rocky Point Diversion Weir. Pursuant to this agreement, City is permitted to tie into electrical service available on Chevron property for the operation of the radial gates, weir lights and telemetry at the Rock Point Diversion Weir. This item was deferred at the Council Meeting of October 6, 1982. Upon a motion by Councilman Christensen, Agreement between Chevron, U.S.A. and City of Bakersfield for Chevron to provide electrical power to City at and for Rocky Point Diversion Weir, was approved and the Mayor was authorized to execute same. NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 107 and ll3 - 17th Street. The application for this amendment was made by Frank W. Kuest and would change subject properties from an R-4 (Limited Multiple Family Dwelling) Zone to a C-2 (Commercial), or more restrictive Zone. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 107 and ll3 - 17th Street. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 3317 thru 3413 Alum Avenue (odd only) and 3316 thru 3412 Adanac Court (even only). Bakersfield, California, December l, 1982 - Page This amendment was initiated by the Planning Commission and would change subject properties from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-1 (One Family Dwelling), or more restrictive Zone. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 3317 thru 3412 Alum Avenue (odd only) and 3316 thru 3412 Adanac Court (even only). First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield, located north of Sage Drive between South Half Moon Drive on the west and Wilson Road on the east, and making findings in connection with a P.U.D. Zone. The application for this amendment was made by U. S. Home Corporation and would change subject properties from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone, consisting of division. The Planning Commission 37 lots of a revised 97 lot sub- 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 those certain properties in the City of Bakersfield, located north of Sage Drive between South Half Moon Drive on the west and Wilson Road on the east, and making findings in connection with a P.U.D. Zone. Bakersfield, California, December l, 1982 - Page 17 129 Approval of Extended Agreement between the City of Bakersfield and Ticketron for the Civic Auditorium Box Office. This agreement is for the period of January 1, 1983, through December 31, 1983, for the Civic Auditorium Box Office to continue as a Ticketton outlet. Upon a motion by Councilman Payne, Extended Agreement between the City of Bakersfield and Ticketron for the Civic Auditorium Box Office, was approved and the Mayor was authorized to execute same. CLOSED SESSION Upon a motion by Councilman Christensen, the Council recessed to a Closed Session at 9:00 P.M. to discuss litigation. The regular meeting was reconvened at 9:15 P.M. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:15 P.M. ATTEST: CITY CLERK And ~x Officio Clerk of the Council of the City of/Bakersfield, California ma Calif. Bakersfield, California, December 7, 1~82 Minutes of a special meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:00 P.)~., December 7, 1982. The meeting was called to order by Mayor by the Pledge of Allegiance. Present: Absent: Shell, followed The City Clerk called the roll as follows: Mayor ~hell. Councilmen Ratty, Strong, Barton, Christensen, Means, Payne Councilman Rockoff REPORT Vice-President of Barton-Aschman Mr. Robert Scales, Associates, Inc., Consultants for the proposed downtown transit facility, submitted a report evaluating the block bordered by 19th, 20th, "K" and "L" Streets for a downtown transit facility for Golden Empire Transit District. The block in question woula be a feasible location for an off-street transit facility, subject to actions that would have to be taken by the Council. In his opinion the development of a transit facility on this site is not the best location for the City of Bakersfield or G.E.T. This evaluation was started by looking at what would be possible for the design of such a facility on that block. ~r. Scales distributed photo copies of a transit facility located in Buffalo, New York, and stated the design of that facility is similar to the one included in their memorandum. The basic concept is that buses would utilize a central concourse that allows transfers, a passenger waiting area and other amenities. The buses pull into berths on both sides of the facility and back out. The facility is of a light airy design, rather than one beneath some other type of land use. It would functionally meet G.E.T.'s needs, as well as the Kern County paratransit operators. This facility would meet the requirements, as well as other alternatives. It would perform equally with the one proposed for 21st Street and Chester Avenue. It would be closer to the center of downtown and, consequently, Bakersfield, California, December 7, 1982 - Page 2 slightly more accessible than the 21st Street and Chester Avenue alternative. However, it would be slightly less accessible than either the do nothing or the Chester Avenue Transit Way alternatives. It would have expansion capabilities for future needs. The bus circulation would be only slightly worse than the 21st Street and Chester Avenue or the Chester Avenue Transit Way alternatives. Automobile circulation would be slightly worse than the 21st Street and Chester Avenue alternative, and substantially better than the Chester Avenue Transit Way, because it would be less disruptive. The 19th and "K" Streets site would result in the loss of approxi- mately 115 parking spaces and under 30 spaces would be lost on either of the other two alternatives. The land acquisition cost for the 19th and "K" Streets site was substantially less (slightly over ~l,000,000 less), than the 21st Street and Chester Avenue site. The total cost of developing a facility at any of the three alter- natives was approximately the same. Bus operating costs are of major concern to G.E.T., because they have a statutory requirement to meet; a particular ratio of their operating expense through passenger revenues. It was found the construction of a terminal would be more expensive than an improved sidewalk environment on Chester Avenue or a park. The difference in cost for annual maintenance and operating would be $30,000 for the building and energy consumption. By providing a joint development or building something above the terminal, it was found the Chester Avenue Transit Way, with an off-street component (waiting room, information center and concessions), had the strongest potential for attracting con- cession revenues, because it would be the most centrally located and highly visible in the downtown area. The ability of the other two off-street locations to attract concessions are about equal. It would probably be easier to attract air rights development at the 21st Street and Chester Avenue site, because it is a more valuable parcel of property and more visible to a greater number of people. Bakersfield, California, December 7, 1982 - Page 3 Downtown redevelopment was the creation of an on or off-street site would have, and there pros and cons to each alternative. This was discussed with a number of realtors, developers and architects and they felt a transfer facility at 19th and "K" Streets would be counterpro- ductive to attracting high quality office space to that area. They feel the creation of an off-street facility at 21st Street and Chester Avenue would have a negative impact on future plans for a retail center in that area. The Chester Avenue Transit Way, even though it has received a lot of negative response, with street scape improvements, would have a positive impact on retail sales and downtown development. It is Barton-Aschman's opinion that the Chester Avenue Transit Way will have the only positive impact. One of the key issues is patron safety and security and this is confined mostly to the 19th and "K" Streets site. Due to its location near undesirable land uses there has been concerns expressed £or the G.E.T. passengers, should a terminal be con- structed at that location. A survey of the riders indicated they would be strongly opposed to any location near the corner of 20th and 19th Streets. The issue of patron safety and security is not necessarily one of actual fact, but more of perceived safety and security. The majority of G.E.T.'s passengers are female, elderly or physically handicapped and they are more concerned with safety and security than able-bodied men, and for that reason it becomes a real issue. If people do not ride the buses for this reason G.E.T. will lose revenue. If the blocks adjacent to 19th and "K" Streets were redeveloped or purchased by the City or something happen to increase the visibility of the area to attract more foot and vehicle traffic, it would solve some of the problems. There seems to be some sincere opposition between the Council and G.E.T. to both the 19th and "K" Streets and 21st Street and Chester Avenue sites and lukewarm acceptance of the Chester Avenue Transit Way as a middle ground. looked into, and what impact are Bakersfield, California, December 7, 1982 - Page 4 It is recommended by Barton-Aschman that the development of a transit facility on the block bordered by 19th, 20th, "K" and "L" Streets is feasible, if the Council can alleviate G.E.T.'s concern over patron safety and security and the ~visibility of the site can be enhanced. This may be accomplished by the City purchasing the property, businesses occupying those blocks are relocated and they are redeveloped with high density retail commercial or office land uses. Relocation of G.E.T.'s transfer point to an off-street location will not remove the "element" from 19th Street and Chester Avenue. Adjacent downtown business will not significantly benefit from moving this trans£er location. The technical staff involved with this project, both with Barton- Aschman and all public agencies, have favored a Chester Avenue Transit Way as the best solution from a transportation need and downtown benefit perspective. Lastly, failing an agreement on one of the building alternatives, a low cost on-street alternative on Chester Avenue, lengthening the bus stop areas, operational modifications, enhancing maintenance, some minor passenger amenities, off-street waiting area and driver relief station, would be the next best solution. Mr. Larry Woodson, Transportation Chairman of the Local Chapter of the California Association of Physically Handicapped, requested that the following items be considered with regards to location and construction of a terminal or transfer point: 1. An enclosed facility for climate control where elderly and handicapped persons can wait for buses. 2.A totally accessible facility containing restrooms, doors and curb cuts. 3. The location should be somewhere between 18th and 21st Streets on Chester Avenue or nearby. Councilman Ratty stated unless the Council and G.E.T. can come to some agreement on an off-street site, the Chester Avenue Transit Way seems to offer the best alternative for the 1.54 Bakersfield, California, December 7, 1982 - Page 5 transit patron. It also seems to be the best alternative for downtown redevelopment. A lot of the input received seems to favor the Chester Avenue Transit Way. If the 19th and "K" Street~ site is not available, it is hoped the Council will vote to select the transit way, because it is better than a do nothing situation. With all of Barton-Aschman's expertise they would not have recom- mended the transit way if it was going to be a disaster for the City of Bakersfield. Councilman Means stated he was originally for the 19th and "K" Streets site, however, the Council should remember they hired Barton-Aschman to analyze that site and that has been done. The consultant has stated the Chester Avenue ?ransit Way is the most desirable location and the Council should listen to what has been recommended and not insist on going with what they wanted in the first place. Councilman Means indicated he think Mr. Scales is right and the Chester Avenue Transit Way is a better alternatiw~ for numerous reasons. Improving the downtown area is his number one concern and the transit way is the only alternative that is going to accomplish that. Councilman Payne stated the Council does not know when property surrounding the transit facility will be developed. They cannot make a commitment to G.E.T., if the 19th and "K" Streets site is selected, that surrounding redevelopment will occur in a certain period of time. G.E.T. should realize, after 5 or 6 years, that building a transit facility or redeveloping downtown is not an easy thing to accomplish. Councilman Payne stated he appreciates the comments made by Councilman Means, but he still prefers the 19th and "K" Streets site. Under no circumstances will he support the 21st Street and Chester Avenue site. It is not viable, feasible or realistic and he will not vote against the Toy Circus, which is the business at that location. He is not 100% opposed to the Chester Avenue Transit Way, although, he is supportive of it, because it does not have the desirable characteristics of the 19th and "K" Streets site. Bakersfield, California, December 7, 1982 - Page 6 1.q5 In answer to a question by Councilman Payne, Robert Scales stated the budget for land acquisition and construction includes the cost of an off-street facility in conjunction with the Chester Avenue Transit Way. Mr. Don Franklin, G.E.T. Board Member, also answering a question by Councilman Payne, stated, yes, a store front with amenities and facilities would be a vital part of the Chester Avenue Transit Way. In answer to a question by Councilman Christensen, Robert Scales stated, as part of the Chester Avenue Transit Way, an existing building between 19th and 21st Streets containing 5,000 to 7,500 square feet would be purchased by G.E.T. and renovated for use as an off-street component to provide restrooms and conditioned waiting space. Councilman Christensen stated he definitely favors the 19th and "K" Streets site and does not favor destroying Chester Avenue, the only north-south artery in the City. He does not feel that narrowing Chester Avenue and having buses on it will improve the downtown area. He is very opposed to the 21st Street and Chester Avenue site, because it will destroy a downtown business. Councilman Barton stated he has serious reservations about a transit mall on Chester Avenue, because it will do nothing more than spread out the problem that now exists downtown. He does not have a problem with the buses traveling up and down Chester Avenue to load and unload passengers, but as a bus parking yard he is definitely opposed to it. Robert Scales stated he agrees with Councilman Barton, the buses currently spend too much time parked in the downtown area. They should spend more of their time out on the route pro- viding service to residents. He has urged, and has gotten positive reaction to, the concept of limiting the amount of time buses spend in the downtown area to a maximum of 5 minutes. There is presently Bakersfield, California, December 7, 1982 - Page 7 a problem with this in the downtown area and it will have to be corrected for the Chester Avenue Transit Way to be an acceptable alternative. As a conditional acceptance of this alternative the Council could stipulate that it is the long-range intention, as frequencies increase, to investigate the possibility of passing through the downtown area as opposed to sitting in it for over 5 minutes. In answer to a question by Councilman Payne, Robert Scales stated after the Urban Mass Transit Association (U.M.T.A.), approvesthe grant application it will probably take approximately two years to complete either an on or off-street facility. Mayor Shell declared a brief recess at 6:35 P.M. and reconvened the meeting at 6:45 P.M. Councilman Payne asked, regardless of what alternative the G.E.T. Board or Council votes for tonight, would the City be financially obligated, in anyway shape or form, if there are insufficient grant funds to complete the project; and if there are other sources of funds to complete the project so the City would not wind up with a partially completed project. Robert Scales stated, in his opinion, there are other sources of funds and he feels the City would not be financially obligated to the project. In answer to a question by Councilman Strong, Robert Scales stated the submission of a grant application to U.M.T.A. does not require Council concurrence, however, it would certainly be beneficial in order to be favorably received and acted on, particularly since the only thing that has been holding it up is an agreement between the Council and G.E.T. on what type of facility and where it will be constructed. In answer to a question by Councilman Strong, Robert Scales stated he talked to four of the five G.E.T. Board Members today, and there is probably an 80% chance, unless given some action Bakersfield, California, December 7, 1982 - Page 8 1.q7 or comment from the Council, that they will proceed, this evening, with acceptance of Barton-Aschman's draft o£ the capital grant application for the 21st Street and Chester Avenue site. Councilman Strong stated he would like to receive input from the people who will be affected by this project when con- struction starts. The Council cannot receive the input because no specifics are available to give to the public. It seems that U.M.T.A., knowing all the problem areas, could respond in some way in order to give the Council a better sense of direction. Councilman Strong stated his concerns have not been satisfied to the point that he feels that the Council will be serving any purpose in taking a position before G.E.T. takes a position on this matter. He does not know the reason the submission of the application to U.M.T.A. for the grant could not include an alter- native to be decided at a later time, once it is ascertained that it will be approved contingent upon other things being done. Robert Scales stated if the past 2½ years had not transpired the Council would probably have had a better case for that approach, however, the State and Federal Governments are wel~ aware of the debate that has gone community can make up their minds will be received, unless the City back and forth, and until this no consideration of this grant has friends in very high places. Councilman Payne qualified his vote by stating he is going to support the 19th and "K" Streets site and will also support the transit way as a second choice. When voting for the transit way on Chester Avenue, it will only be if there is no possibility of getting the site at 19th and "K" Streets and it includes a store front facility to accommodate and shelter the handicapped, elderly and other passengers. Councilman Ratty made a motion that the Council go on record in opposition to the 21st Street and Chester Avenue site. Bakersfield, California, December 7, 1982 - Page 9 This motion Ayes: Noes: Absent: carried by the following roll call vote: Councilmen Ratty, Strong, Barton, Christensen, Payne None Councilman Rockoff Councilman Ratty made a motion that the record in favor of the 19th and "K" Streets site. carried by the following roll call vote: Ayes: Noes: Absent: Means, Council go on This motion Councilmen Strong, Barton, Christensen, Means, Payne Councilman Ratty Councilman Rockoff Councilman Ratty made a motion that the Council go on "K" Street from 17th to 21st Streets. Upon a motion by Councilman Strong, Means and Ratty were authorized to appear at Councilmen Barton, tonight's G.E.T. record supporting the Chester Avenue Transit Way as a secondary position to the 19th and "K" Streets site, with the provision that it include a store front facility to accommodate and shelter the handicapped, elderly and other passengers. This motion carried by the following roll call vote: Ayes: Councilmen Ratty, Means, Payne, Mayor Shell Noes: Councilmen Strong, Barton, Christensen Absent: Councilman Rockoff 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, ~ayor Shell voted Aye. Councilman Barton clarified his votes by stating he feels the Council should definitely do something for the bus riders, such as, a terminal building at 19th and "K" Streets and he will work with G.E.T. to help mitigate the revenue and security problems they perceive at that location. He is definitely opposed to the 21st Street and Chester Avenue site. If the City has to have a transit mall strictly for buses, he would like the consultant to consider Bakersfield, California, December 7, 1982 - Page 10 Board Meeting to express the opinions of the Council regarding a downtown transit facility. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the special meeting was adjourned at 7:15 P.M. ATTEST: ~OR o~ ~ City ~f Bakersfield, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, Cali£ornia ma 140 Bakersfield, California, December 8, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., December 8, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Larry Chapman of the First Assembly of God Church. The Ci~'y Clerk ca~led the roll as follows: Present: Mayor Shell. Councilmen Rockoff Christensen, Means Absent: None Strong, Barton, Payne, Ratty Minutes of the joint public hearing of November 16, 1982, regular meeting of November 17, 1982, and special meeting of November 22, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Peter Burr, 5804 Cochran Drive, representing a group of concerned parents and the Southwest Dance Theater, requested that the $500.00 fee charged by the Civic Auditorium for video taping the Nutcracker Ballet sponsored by the Bakersfield Symphony Orchestra and Southwest Dance Theater be waived. The parents would like to video tape the performance of their children in order to preserve the occasion for posterity and the ballet company would like to use it as a learning tool for their students. They are not going to sell the tapes or use them for television broad- casting and they would be willing to sign a waiver to that effect. Auditorium-Recreation Manager Graviss stated the policy of charging for video taping events at the Civic Auditorium came before the Auditorium-Recreation Committee and he was instructed to follow the policy he had established. Last week the "Messiah" was performed under the same circumstances as this event and they paid the fee. This fee is a hard item to collect, because it presents real difficult problems. If it is waived for one it should be waived for everyone and there are a lot of production companies making a lot of money from the tapes. Mr. Graviss stated Bakersfield, California, December 8, 1982 - Page 2 141 it was not an arbitrary decision by him, he is just following the Council's instructions. After considerable discussion, Councilman Payne made a motion that the policy of charging for video taping events at the Civic Auditorium be rescinded for nonprofit and charitable organi- zations and remain in effect for all other entities until reviewed by the Auditorium-Recreation Committee; and fees charged for the Nutcracker Ballet and Messiah are to be refunded. This motion carried by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: None CORRESPONDENCE Upon a motion by Councilman Strong, communication from Ward & Delmarter on behalf of San Dimas Properties, dated Rickett, December 3, 1982, requesting a General Plan Amendment for property located north of 34th Street, between the Kern Island Canal and Eastside Canal, was received and referred to the Planning Com- mission for study and recommendation. Upon a motion by Councilman Rockoff, communication from John R. Pulskamp, M.D., Inc., 3940 San Dimas Street, dated December 3, 1982, regarding sloppy workmanship by Cox Cable TV at his home, was received and referred to staff. Councilman Christensen requested that the staff do some- thing about the cable television situation, because it has gotten to the point where Councilmen are being harassed with phone calls, complaints, etc. Upon a motion by Councilman Payne, communication from Mrs. Walt Cribbs, 1905 Montgomery Avenue, dated December 7, 1982, regarding a bill she received from Golden Empire Ambulance, was received and referred to the Police Department. Bakersfield, California, December 8, 1982 - Page 3 Upon a motion by Councilman Means, communication from Colbek Development Corporation, dated December 6, 1982, requesting an amendment to Section 17.08.170 Subsection A of the Municipal Code regarding side yard encroachments, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Barton stated the Council received a report from Police Chief Price to City Manager Kelmar regarding Golden Empire Ambulance service and asked what the next step would be. City Attorney Oberholzer stated the Municipal Code stipulates the City Manager has the responsibility of enforcing the provisions. The enforcement can include suspension or revoca- tion of the certificate for an ambulance service in the City of Bakersfield. It can only be suspended or revoked after a hearing before the City Manager with l0 days notice to the ambulance company. That decision can be appealed to the City Council. The Council should take no action at this time. Upon a motion by Councilman Barton, Item 3 in the report from the Police Chief suggesting that the Council establish an equitable rate schedule for special ambulance services not covered. by the ordinance, was referred to the Business Development and Parking Committee. Upon a motion by Councilman Payne, City Attorney Richard Oberholzer was reappointed to the Board of Zoning Adjustment and Assistant City Attorney Art Saalfield was reappointed as the City Attorney's alternate to the Board of Zoning Adjustment, terms expiring December l, 1985. Councilman Payne announced that he intends to nominate Mr. Tony Cueto as his appointee to the Historic Preservation Commission at the next Council Meeting. Councilman Means stated at last night's Golden Empire Transit District Board Meeting he tried to convey the feelings and concerns of the Council on the proposed downtown transit facility Bakersfield, California, December 8, 1982 - Page 4 143 and told them he hoped they would meet with the Council and solicit their support. The reception he received was rude, inconsistent, insensitive and selfish. After he made his presentation a member of the Board stated they were going to proceed with the 21st Street and Chester Avenue application, but were willing to talk to the Council in the next couple of weeks. Councilman Means stated he feels they do not care what the Council has to offer and they are going to proceed as they have been. When the motion was made to proceed with the application he requested to address them before they voted and was told they do not take public input before voting. Councilman Means stated if the G.E.T. Board members were elected maybe they would be more receptive to public input and asked the City Attorney how this could be accomplished. City Attorney Oberholzer stated the Bakersfield Metropoli- tan Transit District Act is a State Law and that particular law sets out the method of appointment o£ the Board of Directors. It would require a change in the law to elect the members. Appoint- ments of Board Members are made by the Board of Supervisors and City Council, who have the right to remove any member at anytime without cause. Councilman Means stated he informed the G.E.T. Board that at this point, if they were not willing to consider public and Council input and steadfastly continued with the 21st Street and Chester Avenue site he would not support the Chester Avenue Transit Way and that is still his position tonight. The only way he will change his mind is if the G.E.T. Board will meet with the Council, withdraw their application for the 21st Street and Chester Avenue site and change their rule excluding public input Councilman Ratty reporting on the G.E.T. stated, the motion was to continue the process of application for the 21st Street and Chester Avenue site, Board Member who can, between now and the next meeting, before voting. Board Meeting filing a Federal every visit the 144 Bakersfield, California, December 8, 1982 - Page 5 transit way in Salt Lake City and the G.E.T. Board and sta£f members work with the Council and City staff to further investigate the transit way alternative. The G.E.T. Board has indicated the transit way is still open. They feel the transit way is the alternative to the 21st Street and Chester Avenue site and, basically, rejected the 19th and "K" Streets site. They were deeply concerned because the Council would not get behind an alternate transit way motion. They feel like they were being boxed in and they have not taken this task lightly. The G.E.T. Board also felt the Council should visit the Salt Lake City Transit Way and come back to them within two weeks with some direction as to which alternative they want. City Manager Kelmar stated he felt there was a willingness on the G.E.T. Board to modify their positions or consider the transit way alternative, if the Council is so inclined. They feel they need to have some type of support from the Council for that alter- native. The Council is urged to visit the Salt Lake City site, because it is, apparently, clasely aligned to the City of Bakersfield's situation. The G.E.T. Board has indicated a willingness to hold up the filing of the application for a couple of weeks in order to give the Council the opportunity to view Salt Lake City's Transit Mall and possibly reconsider their position. Councilman Ratty announced he intends to make a motion, at the first meeting in January, 1983, to reappoint Mr. Kenneth Vetter to the Police Department Civil Service Board. Mayor Shell announced that she intends to submit Mr. Christopher D. Brewer's name as her appointment to the Historic Preservation Commission at the next Council Meeting. REPORTS Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 34-82 regarding Development Fee Schedule, as follows: Bakersfield, California, December 8, 1982 - Page 6 14.5 On October 8, 1982, the Budget Review and Finance Committee met regarding the City's Development Fee Schedule. The Schedule consists of fees representing costs to the City for processing certain permits, applications and reviews relating to building improvements and development of properties in the City. Under direction by the Committee, staff prepared an updated Fee Schedule based on actual cost for each type of permit application or review. The Committee further directed staff to contact each organization representing property develop- ment related fields and professions and give each o£ them an opportunity to respond to the proposed Fee Schedule. There have been several questions but no negative responses since the information was mailed on October llth. The Committee, therefore, recommends acceptance of this report and adopted o£ the Development Fee Schedule Resolution. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 34-82 regarding ~evelopment Fee Schedule, was accepted. Adoption of Resolution No. 132-82 of the Council of the City of Bakers- field revising Planning, Zoning, Development and related Processing Fees. Upon a motion by Councilman Rockof£, Resolution No. 132-82 o£ the Council of the City of Bakersfield revising Planning, Zoning, Development and related Processing Fees, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: None DEFERRED BUSINESS Adoption of Ordinance No. 2791 New Series of the Council of the City of Bakersfield amending Chapter 2.72 of Title 2 of the Bakersfield Municipal Code relating to appointment of relatives of City Council, Boards, Commissions and Employees. Upon a motion by Councilman Means, Ordinance No. 2791 New Series of the Council of the City of Bakersfield amending 14fi Bakersfield, California, December 8, 1982 - Page 7 Chapter 2.72 of Title 2 of the Bakersfield Municipal Code relating to appointment of relatives of City Council, Boards, Commissions and Employees, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Payne, Ratty Noes: Councilman Rockoff Absent: None This on an Appeal by Kathy Garner-Dunne to the decision of the Board of Zoning Adjustment denying an application for a Conditional Use Permit requested by J. B. Garner to allow a single family dwelling in an M-1 (Light Manufacturing) Zone, on that certain property located at 326 - 21st Street. This hearing has been duly advertised and the property owners notified as required by law. Letters requesting that the Conditional Use Permit be granted were received from the following persons: 1. J. E. Chandler and M. V. Hale, owners of Bakersfield Hydraulic Jack Company, 408 - 21st Street. 2. Edna J. Wood, 8500 Kern Canyon Road, #33. 3. Robert Phares, Secretary/Treasurer of B. S. & E. Co., Inc., 417 Kentucky Street. 4. George Xezonatos, President of Vest Drug, Inc., 1831 Chester Avenue. 5. Preste J. Lencioni, 4117 Glenbrook Avenue. 6. Myra M. Pearson, P.O. Box 808, Bakersfield. 7. Don Rodewald, Bakersfield College News, 1801 Panorama Drive. 8. Vincent E. Barry, Professor of Philosophy, Bakersfield College. 9. Jesse J. Bradford, Professor, Bakersfield College. Mayor Shell declared the hearing open for public partici- pation. BEARINGS is the time set for public hearing before the Council Bakersfield, California, December 8, 1982 - Page 8 147 years home. Kathy Garner-Dunne presented a letter in favor of granting the Conditional Use Permit from Curt Carter, Contractor and Developer, 5809 Carter Avenue, Bakersfield. Mrs. Garner-Dunne stated she filed the appeal on behal£ o£ her parents J. B. & Mary Garner and presented a video tape of the arson fire that destroyed their home and possessions on July 4, 1982. On November 12, 1982, the Board o~ Zoning Adjustment denied the Conditional Use Permit, thereby, denying her parents the right to live on their property where their home was located for almost 50 years. Mrs. Garner- Dunne requested that the Council grant her parents the right to reestablish a home on their property. Mr. Myron Hale, Bakersfield Hydraulic Jack Company, stated they have been neighbors of the Garner's for almost 20 and requested that the Council allow them to rebuild their Mr. Bill Asserson, friend of Mr. Garner, stated the area surrounding the Garner home has changed over the years and due to an act of tragedy, for which he had no control, they lost every- thing. Mr. Asserson requested that the Council grant the Garner's the right to rebuild their home. Mr. Bob Kendarian, former employee of a business next door to the Garner's residence, stated Mr. Garner helped them and other surrounding businesses and urged the Council to vote in favor of the Conditional Use Permit that would allow them to rebuild their home. Mrs. Beverly Slick Asserson stated the Garner's have su£fered a horrible trauma and requested that the Council grant them the right to rebuild their home. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public port/on of the hearing for Council deliberation and action. Councilman Rockoff stated this situation is an involuntary conversion of property and normally the intent is to put people back 148 Bakersfield, California, December 8, 1982 - Page 9 in the position they were before the event took place and that is what the proponents are trying to do. In this particular case he would certainly want to put the people back in the place they were prior to the tragedy. The Board of Zoning Adjustment made the proper decision in accordance with the law. It is unfortunate it required an appeal to the Council, but the Board of Zoning Adjustment had to follow the laws. Upon a motion by Councilman Christensen, Zoning Resolution No. 295 of the Council of the City of Bakersfield up- holding the appeal by J. B. Garner and granting a Conditional Use Permit to allow a single family dwelling on that certain property commonly known as 326 21st Street, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne, Ratty Noes: None Absent: None Mayor Shell declared a brief recess at 8:25 P.M. and reconvened the meeting at 8:35 P.M. This is the time set for 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 maximums, and would make procedural changes relating to issuance of licenses, permits and appeals from revocations of permits. This hearing has been duly advertised, posted and copies of the proposed changes, fees and rules were sent to all alarm companies operating within the City of Bakersfield, as well as any interested businesses or residents. A letter was received from the Salvation Army expressing opposition to the proposed Alarm Ordinance. Police Chief Price outlined the different types of alarms and the history of the City's Alarm Ordinance, and stated the proposed Bakers£ield, California, December 8, 1982 - Page 149 ordinance is an effort to solve a problem with false alarms that has existed in the City for a number of years and is not a personal attack on the alarm industry, company or individual. The response to a fire alarm is one of the most expensive due to the amount of equipment and manpower needed, and the Fire Chief has indicated the fee in the new schedule for false fire alarms will be $129.00. The present ordinance was an effort to make the alarm companies primarily responsible for enforcement and monitoring their own false alarms. Some companies attempted to solve or lower the number of false alarms. The State has pre-empted much of the City's old ordinance control on companies and agents. Chief Price quoted some statistics on the City's false alarm rate since 1977. The cost to the City in 1981 for responding to £alse alarms was approximately $156,000. The first ten months of 1982 has already cost the City about $159,000. The new ordinance leaves the regulation of the alarm companies and stations to State Law. The only regulation they will have is, if they violate some other pro- vision of the ordinance and will be required to obtain a license and pay a fee. The only regulation the City will have on stations, is that, only UL approved central stations will have a direct line to the Police Department. The ordinance will require all users to register their alarm with the City and pay a fee. If a user has over four false alarms in a 12 month period they will have to pay the actual cost of each response, whether it is the Police or Fire Departments. The cost of the response is about $42.00 for the Police Department and $129.00 for the Fire Department, per false alarm. If there is an unusual circumstance, such as high wind, earthquake, etc., that cannot be explained, but is evident, the fee will not be charged as a false alarm. After l0 false alarms in one year the permit can be revoked. The number of alarms being installed will only increase and it is important that the City do something to lower the false alarm rate. Bakersfield, California, December 8, 1982 - Page City Attorney Oberholzer clarified some of the changes in the Alarm Ordinance by stating the new provision with respect to posting the premises now reads, "The alarm owner or user shall post a Permit Number at the front of the business or residence and post the address of the premise at every street or alley entrance to the property." A person who operates a multiple alarm system may obtain one permit for all systems or separate permits for each one. The number of false alarms will be computed against each permit. If a person has two alarm systems and takes out separate permits, the false alarms will be computed against each system that malfunctions or a false alarm is sent out. The Police Department may refuse to respond to alarms after the Chief of Police has made a determination and while an appeal is pending. Mayor Shell declared the hearing open for public partici- pation. Marian Locker stated she has an alarm in her home, like many single persons who need this protection, and cited the cost involved with having this system. She requested that the Council consider the cost to individuals who are not wealthy that feel they need the protection an electronic system offers. Mr. Doug Lovegreen, owner and operator of Imperial Alarm Company, stated they have been doing business in the City of Bakers- field for the last 15 years. He was involved in the process of drafting the original ordinance in 1977 and the industry has taken a lot of measures in the last 5 years to reduce the number of fals.e alarms. They feel there has been a 15-25% reduction in false alarms per number of systems. They do not have access to the exact number of false alarms or where they come from. They can account for 150-200 alarms per year, but do not know where the other 3,455 alarms are coming from. The alarm industry did not understand that they were suppose to completely enforce the ordinance that was adopted 5 years ago. The cities who have adopted a fining Bakersfield, California, December 8, 1982 - Page 12 program have not been successful with it. He does not feel the proper approach to controlling the false alarms is the fining program. The two issues they agree with is fees for permits and changing the permit issuing authority to the City. They do not feel people should have to pay the $25.00 fee for setup or change, the permit should be transferred. The permits that were printed years ago, that are still being used, are inadequate. They should be printed without a number or code and be available at the Finance Department so the subscriber could fill it out and pay the fee at that time. The permits for a commercial alarm company or residential or privately owned areas should be numbered differently. Their association would like to establish a False Alarm Control Board with a member from each licensed alarm company, private citizens and Police Department to meet once each month to improve conditions and exchange information. They feel the confidentiality clause in the ordinance should only cover the permits and information on the permits, but the false alarm records should be open to the public. They cannot obtain this information and, there£ore, cannot deter- mine where the false alarms are coming from. Some cities feel the cost of enforcing the fining program is greater than the revenues from that program. Mr. John Robinson, representing the Bakersfield Association of Retarded Citizens, stated they are opposed to the section of the ordinance that fines the customer after 4 false alarms, because they do not own or service their alarm. They feel the customer should not be charged for faulty equipment, which they have no control over. In answer to a question by Councilman Strong, City Attorney Oberholzer stated he recommends that the wording in Section 5.08.170 be changed from "each successive false alarm" to "each subsequent false alarm." Councilman Strong stated most people who contract to have an alarm installed know very little about the quality of that 1.59 Bakersfield, California, December 8, 1982 - Page 13 equipment and it seems unfair to saddle them with a fee each time it fails. He feels the responsibility should be placed on the commercial company to be sure the equipment is installed properly. There should be something in the ordinance which would encourage people to change to a better system if the one they have is causing false alarms by virtue of the installation or faulty equip- ment. It seems somewhat inhibitive if they have to pay a renewa~ fee each time they change alarm companies and apply for a permit. Mr. John Delmerico, General Manager of Bakersfield Alarmex, stated they are not totally against an ordinance, but recommended a nonresponse ordinance in lieu of one that is financially punitive. Fresno County has a nonresponsive ordinance that is working very well. They have some concerns regarding the time it will take to obtain a permit, because it states no permit shall be issued without the approval of the Chief of Police or his representative. If a person wanted to install an alarm system in one day it could not be done, because They would also like the ordinance to denial of a permit. Section 5.08.080 they have to obtain a permit. contain a list of causes for states "The Chief of Police of the City shall have the authority to prescribe rules and regulations consistent with the provisions of this Chapter and to implement and enforce this ordinance. The subjects covered by such rules and regulations may include, but are not limited to, the following:" He asked if the wording "not limited to" means that sometime in the future things can be added. Chief Price stated the reasons for suspension or revocation would be reasons for refusal of a permit. The only reason a permit would be refused is if they are in violation of this chapter. If a new alarm user came in there is no way a permit could be refused, unless it was a user whose permit had been revoked and was reapplying and the Police Department was not satisfied the situation that cause the problem had been corrected. Bakersfield, California, December 8, 1982 - Page 14 153 There is an appeal process if a permit is refused or revoked. In regards to the time element for obtaining a permit, the Police Department does not intend to inspect every alarm that is installed. The Police Department does not have the expertise to determine if it is installed correctly or not. The only inspection would be to see that the property is properly posted, etc. It is not intended to delay the issuance of a permit. The wording "not limited to" in Section 5.08.080 of the ordinance contains another sentence that states "These rules and regulations will be subject to approval by resolution of the City Council." The Police Chief cannot issue new rules, they must be approved by the Council. Mr. Delmerico asked for an explanation of the wording "The Chief of Police of the City shall have the authority to pre- scribe rules and regulations consistent with the provision of this Chapter and to implement and enforce this ordinance." Police Chief Price stated the Council received a list of supplemental rules and regulations, which are primarily the same as the ones now being enforced and this is what the wording means. At the time the ordinance is acted upon the Council will also be requested to approve those rules and regulations. Mr. Delmerico expressed some concern regarding the fact that some buildings are required to have a fire alarm, but will be fined if it goes off. The City should look at the cost of adminis- tering the collecting of fines and fees, because it may outweigh incoming revenues. City Manager Kelmar stated if the Council adopts the ordinance it will take 30 days to become effective and at that time a resolution setting the fees will be presented for considera-- tion. It is suggested that staff submit a modification of the fee structure for people changing alarm companies, etc., so they will not have to pay the entire amount. Mr. Kenny Bond, business owner and resident with alarm systems, requested a definition of a false alarm. Bakersfield, California, December 8, 1982 - Page 15 Police Chief Price stated Section 5.08.010 G of the proposed Alarm Ordinance defines a false alarm as "an alarm system calculated to solicit or which could reasonably cause the solici- tation of the urgent attention of City safety personnel where an emergency does not exist. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. Signals from defective alarm systems shall be deemed to be within the control of the owner." Mr. Bond stated he does not feel that everytime an alarm goes off it is false. tte does not feel a homeowner and business owner should be penalized for alarms being counted as false, when it is not known whether they were false or not. ~r. Charles Albany, alarm owner, stated he feels they are being penalized for £alse alarms, because if something is installed that is tamper proof it will not go off when it should. Mr. Tony Marella, Operations Manager £or Alarmex, stated the telephone company workmen setting off their alarms is one of their big problems and they will be charged for a false alarm. Mr. Marella explained other situations where alarms are set off that are not the fault of the owner or alarm company. When the Police Department responds to an alarm without being notified, he does not feel that should be counted as a false alarm against the customer. Police Chief Price an alarm that is not counted stated if a utility company sets off as a false alarm. 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, if alarm systems in neighborhoods help reduce crime, it might be better if 4 or 5 Policemen were hired to do nothing but handle the alarm situation. Bakersfield, California, December 8, 1982 - Page He felt the ordinance contains a lot of things that should be altered, changed or deleted. Councilman Means made a motion that first reading be considered given an Ordinance of the Council of the City of Bakers- field amending Chapter 5.08 of the Bakersfield Municipal Code pertaining to Alarm Systems. Councilman Christensen requested that staff furnish a report to the Council on the cost of false alarms as they relate to medical costs, destruction of property, etc. Councilman Barton suggested that sta£f prepare the statistics on false alarms and furnish to the Council on an annual basis. Upon a motion by Councilman Christensen a brief recess was declared at ll:00 P.M. and the meeting was reconvened at 11:05 P.M. Councilman Means' motion that first reading be considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 5.08 of the Bakersfield Municipal Code pertaining to Alarm Systems, was unanimously approved. This is the time set for public hearing for the purpose of adopting a Resolution setting forth fees for relieving the overcrowded conditions in the Panama Union School District in that portion of the District that is in the City of Bakersfield. This hearing has been duly advertised, posted and all interested parties notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mr. Frank Fekete, Attorney representing the Panama Union School District, requested that the Council establish three levels of fees; $1,300 for a 3 bedroom home, $700 for a 2 bedroom home and $500 for apartments, condominiums and mobile homes. The fees were developed to implement an ordinance adopted by the Council Bakersfield, California, December 8, 1982 - Page 17 several months ago and are based on the cost to the school district for acquiring relocatable classrooms over a 5 year period on a lease purchase plan. The Board of Supervisors approved identical fees on November 15, 1982, however, they will not become effective until the Council takes action to make the fees applicable within the City. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Payne, Resolution No. 133-82 of the Council of the City of Bakersfield concurring in findings of overcrowding, making other findings, and establishing fees in lieu of dedication of land (interim classroom and related facilities - Panama Union School District; Chapter 15.70 of the Bakersfield Municipal Code), was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne, Ratty This is the time set for public hearing regarding an Ordinance establishing the City Council as the Redevelopment Agency. This hearing has been duly advertised, posted and noti- fication given as required by law. A letter was received from Mr. Tom McBride, General Partner in Bakersfield Metropolitan Associates, dated December 2, 1982, expressing his concern about Council establishing themselves as the Redevelopment Agency. ~ayor Shell declared the hearing open for public partici- pation. Mr. Warren Thompson, owner of Thompson's Pet Land, 1030 -- 19th Street, spoke in favor of the Council establishing themselves as the Redevelopment Agency. The Council, as elected officials, will be more responsive to the needs of the citizens of the community than appointed officials. Bakersfield, ~alifornia, December 8, 1982 - Page 18 No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Rockoff, first reading was considered given an Ordinance amending Section 2.24.020 of the Bakersfield Municipal Code and adding Sections 2.24.021 and 2.24.022 relating to establishing the City Council as the Redevelop- ment Agency. This is the time set for public hearing on Resolution of Intention No. 960 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of Fraser Road lying in Sections 8 and 17, Township 30 South, Range 27 East, in the City of Bakersfield. This hearing has been duly posted. The application for this vacation of a portion of Fraser Road was requested by Tenneco Realty Development Corporation. Mayor Shell declared the hearing open for public partici- pation. Mr. Larry Williams, representing Tenneco Realty Develop- ment Corporation, stated he was present to answer questions of the Council. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Barton, Resolution No. 134-82 of the Council of the City of Bakersfield ordering the vacation of a portion of Fraser Road lying in Sections 8 and 17, Township 30 South, Range 27 East, in the City of Bakersfield, was adopted by the following roll call vote: Ayes Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne, Ratty Noes None Absent: None 157 Bakersfield, California, December 8, 1982 - Page 19 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. ATTEST: CITY Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, December 15, 1982 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., December 15, 1982. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Kenneth Miller of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Absent: Councilman Means l~inutes of the regular meeting of December 1, 1982, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Marvin Lipco, operator of Alan's Kern Jewelry & Loan at 1223 - 19th Street, representing the Collateral Loan Associatioa, expressed their disapproval of the press and Council using the coined phrase "Porno-Pawn Shop District." The newspaper has dis- continued the use of that phrase and the City is requested to do the same. They object to the pornography shops being located in their block and do not want to be associated with them. The image of their block is tainted by the continual reference to "Porno-Pawn Shop District." The 1200 block of 19th Street is as clean or cleaner than any other block downtown, almost fully occupied and they contribute as much or more revenue per square foot to the City as any other block in Downtown Bakersfield. Mr. Jim Rude, 1025 Blossom Street, father of a develop- mentally delayed hyperactive child, stated the Aqua Therapy Program is administered at the old B.A.R.C. site pool and is vital to several children's development. The exercise is necessary to strengthen the hearts of children with heart conditions and it must be under a consistent temperate environment. The program is successful and it will have to be cut when the pool is demolised. This pool has helped his daughter who has gross motor and speech problems. The Bakersfield, California, December 15, 1982 - Page 2 therapy pool has given her self-esteem and taught her centrate in order to swim and continue in the program. is the only indoor one in Bakersfield and it is vital how to con- This pool to a lot of children. Without some of these programs these children will become dependent on the public and their parents. The ideal thing would be to halt the demolition of the pool until the Crippled Children's Society can build their pool, but that will be a long time. As an alternative they would request that a pool be found for the children to use or help with the funding of the Aquatic Therapy Program until a pool is ready. Debbie Fuller, 1725 Baker Street, Apt. A, outlined what the Water Therapy Program at the old B.A.R.C. facility has done for her daughter and other children in Bakersfield. Iter daughter has been in the program for about 1½ years and made tremendous progress. Mrs. Fuller requested that the Council and public find a way to continue with the program. City Manager Kelmar stated the bid for the rehabilitation of the B.A.R.C. facility into a Senior Citizens Center is on tonight's agenda. Working around the pool has been discussed and it is not possible. tte understands there is an indoor swimming pool at an apartment complex located on South "H" Street, near White Lane, owned by Maurice St. Clair and they might inquire about using their facility. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from the Kern City Golf Course, dated December 8, 1982, regarding the basis for their appeal to the decision of the Planning Commission on the zoning of the Kern City Golf Course, was received and ordered placed on file. Upon a motion by Councilman Barton, communication from Paul Slevkoff III, 1204 White Lane, dated December 15, 1982, regarding traffic and noise problems on White Lane, was received and referred to staff for action. Bakersfield, California, December 15, 1982 - Page 3 Upon a motion by Councilman Ratty, Charles P. Michel, 507 Chester Avenue, expressing his feelings on a downtown and ordered placed on file. Upon a motion by Councilman Payne from Tenneco Realty Development Corporation communication from dated December 12, 1982, transit facility, was received five communications dated December 13, 1982, requesting establishment of Maintenance Districts in areas generally described as Parkside Village South, Campus Park, The Oaks, Stockdale Centre and ttaggin Oaks, was received and referred to staff for appropriate action. Upon a motion by Councilman Rockoff, communication from Felix, Ernest W. ttahn, Inc., 3666 Kearny Villa Road, San Diego, California, dated December 7, 1982, representing East Bakersfield Associates, requesting postponement of first reading of an Ordinance amending Title Seventeen of the Municipal Code changing the Land Use Zoning of property located south of State Route 178 and west of Oswell Street, was received, ordered placed on file and first reading of the Ordinance was deferred until the Council Meeting of January 5, 1983. COUNCIL STATEMENTS Upon a motion by Councilman Payne, Mr. Tony Cueto, 3104 Perry Place, was approved as his appointment to the Historic Preservation Commission. Upon a motion by Councilman Christensen, Mary Sue Ming, 2119 Ming Avenue, was approved as his appointment to the Historic Preservation Commission. Councilman Rockoff Salt Lake City, Utah, to see reporting on the trip he made to their transit way facility, that had been described to the Council as being similar to the proposed Chester Avenue Transit Way, stated they were favorably impressed with the overall physical facility, as far as the view was concerned. However, in regards to the main purpose of the facility, he felt 16:] Bakersfield, California, December 15, 1982 - Page 4 that it does not serve that well. There was traffic backed up along the street behind the buses. Salt Lake differs from Bakers- field in that the streets that parallel the transit way are extremely wide and offer alternatives to people who want to avoid the transit way. A very important point is that the buses do not stop for any length of time. They only stop long enough to let off and pick up passengers. The G.E.T. people have indicated to him that if a transit way is constructed on Chester Avenue the buses will be required to stay at a fixed location from 5 to 20 minutes and that was not the system used in either Salt Lake City or Portland, Oregon. Councilman Rockoff stated his observations do not allow him to see things the way some other members of the Council see them, and, therefore, he continues to favor an off- street transit facility where the buses will be kept during the pulsing period so they are not on the street. Upon a motion by Councilman Barton, Victoria Araujo, 2801 Coventry Drive, was approved as his appointment to the Historic Preservation Commission. Councilman Barton stated he tried to go to Salt Lake City with an open mind. Their facility would not be like Bakers- field, because they have a grid type loop system and Bakersfield has a pulsating system that increases long bus parking time on Chester Avenue. He would support a Chester Avenue Transit Way with the following conditions: 1. The traffic flow is not impacted in 3 lanes each way. 2.Bus parking be limited to not more than 2 or 3 minutes. 3. Restricted bus parking time to keep buses from congregating as they presently do. supports the 19th and "K" Streets site for an off-street and opposes the 21st Street and Chester Avenue site. Councilman Christensen reported on his trip to Portland, and stated he was very favorably impressed with their He still terminal Oregon Bakersfield, California, December 15, 1982 - Page 5 transit facilities. Bakersfield does not have the tall buildings and downtown activity that Portland has and their buses do not park on the streets. What Bakersfield really needs is a long- range plan in order to have something to work towards. Councilman Christensen stated his feet were not set in concrete, but he definitely favors an off-street terminal for Bakers£ield. Councilman Ratty stated Salt Lake City's Downtown Transit Mall looks very much like Chester Avenue, only wider. The streets were narrowed to the point where they could be crossed. Before their streets were so wide they were a barrier, as Chester Avenue is a barrier today, which is one of this City's problems. Salt Lake developed a mall downtown and it was so successful that one was built across the street within the street scaped area. The traffic backup is a little unfair because they know they have a problem, because there were not enough bays constructed for buses to get in and out. The same type of transit way and shopping atmosphere could work very well in Bakersfield. Upon a motion by Councilman Rockoff, Mayor Shell's appointment of Mr. Christopher Brewer, 3204 Perry Place, to the Historic Preservation Commission, was approved. In answer to a question by Mayor Shell regarding the status of G.E.T.'s application for funds for a downtown transit facility, City Manager Kelmar stated the action taken at their meeting two weeks ago was to hold the application for the 21st Street and Chester Avenue site in abeyance for two weeks in order to give them time to review it, visit the Salt Lake City facility and also allow time for the Council to come to some type of support for the mall project. Councilman Strong stated he also visited the Salt Lake City facility and was impressed. Salt Lake has the longest blocks and widest sidewalks he has ever seen in a City. After discussions with some of the G.E.T. Board Members regarding modifications on 164 Bakersfield, California, December 15, 1982 - Page 6 Chester Avenue, he felt they were willing to request the consultant to make additional studies, if necessary, to determine the feasi- bility of some of their positions. Hopefully, through the consultant, some type of compromise can be reached. REPORTS Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 14-82 regarding Monthly Parking Rates in Public Facilities, as follows: Pursuant to the agreement between the City of Bakersfield and Bank of America for the leasing of twenty (20) parking spaces in the Municipal Parking Lot in the sixteen hundred block of Truxtun, correspondence regarding renewal and continuance of the lease through December 31, 1983, was received by the City Council and referred to the Business Development and Parking Committee for study and recommendation. On January 20, 1982, the City Council approved a recommendation by this Committee, whereby, the City Council would maintain rental rates consistent and representative of rental rates for such parking spaces leased on a monthly basis in the downtown area. In doing so, the City Council felt it would encourage the develop- ment of parking by private enterprise. This Committee believes it important the City Council maintain this policy with regards to monthly rental rates. Therefore, this Committee recommends City Council continue the referred to lease agreement with Bank of America Building at a monthly rental rate of $35.00 per space, per month, effective February 1, 1983 through June 30, 1983, and $40.00 per month, effective July 1, 1983, through December 31, 1983. (Current rental rate is $30.00). Further, we recommend the City Council approve the same rates per month, per space, for other parking spaces leased or rented from the City on a monthly basis. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 14-82 regarding Monthly Parking Rates in Public Facilities, was accepted; continuation of Lease Agreement with Bank of America at a monthly rental rate of $35.00 per space, per month, effective February 1, 1983 through June 30, 1983, and $40.00 per month, effective July l, 1983 through December' 31,1983, was approved, and same rates per month, per space, for Bakersfield, California, December 15, 1982 - Page 7 other parking spaces leased or rented from the City on a monthly basis, was approved. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 35-82 regarding School Crossing Guards, as follows: Since the beginning of the school year the Public Works Department has evaluated the need for school crossing guards at several locations within the City. These studies were initiated through requests from school officials, the Police Department and parents. On October 27, 1982, the City Council referred the results of these studies to the Budget Review and Finance Committee. This Committee met with City staff to review the studies and conclusions. During our discussions we noted additional crosswalks and signing have been installed at some locations. However, the studies indicate there are two locations in need of additional action: The warrants (criteria established by the Institute of Transportation Engineers) indicate a crossing guard is needed for Eissler School at the intersection of Auburn Street and Eissler Street. The cost of the crossing guard for the remainder of the school year is 93,500. o Median island improvements and additional crosswalks for Franklin School are needed at Truxtun Avenue intersections of "A"and Pine Streets. The Public Works Director has estimated the cost to be $5,000. This Committee concurs with the results of the studies, and, therefore, recommends.the City Council authorize the additional adult crossing guard for Eissler School and the median island improvements and crosswalks for Franklin School. We recommend a transfer of $8,500 from the Council Contingency Account No. 11-76100-512 to Account No. 11-74500-625 for $3,500, and No. 11-71200-252 for $5,000. We further recom- mend the Public Works Department continue to study and monitor the need for adult crossing guards at the elmentary schools throughout the City of Bakersfield. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 35-82 regarding School Crossing Guards, was accepted; additional adult Crossing Guard for Eissler School and median island improvements and crosswalks for Franklin School, were approved, Budget Transfer of $8,500 from the Council Contingency Bakersfield, California, December 15, 1982 - Page 8 Account No. 11-71600-512 to Account No. 11-74500-625, in the amount of $3,500, and Account No. 11-71200-252, in the amount of $5,000, was approved; and Public Works Department is directed to continue to study and monitor the need for Adult Crossing Guards at the elementary schools throughout the City of Bakersfield. Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 10-82 regarding Assessment District No. for Olcese Water District, as follows: The City Council recently referred to this Committee a request of the Olcese Water District to form an Assessment District under the ~uni- cipal Improvement Act of 1913 for the purpose of issuing bond under the.Improvement Bond Act of 1915. The Committee has met with Mr. Owen Goodman, Attorney for the Olcese Water District and staff to discuss the proposal. Mr. Goodman indicated Olcese has recently completed its annexation of 4,900 acres of land within the City lying westerly of the Olcese Water District. This area is not within the boundaries of Improvement District No. 4 nor any water district. Olcese now desires to undertake the preliminary steps for the provision of water service. As a result of Proposition 13, the district must utilize an Assessment District method of financing to obtain funds which requires the approval of the City by a resolution. The funds from the sale of bonds in the approxi- mate amount of $600,000 will be utilized to develop the plan of works and estimate thereof for the delivery of water, an economic feasibility study, all necessary environmental studies and legal proceedings, and associated bond and bond election costs. This Committee concurs with the request and would recommend adoption of the Resolution of Approval. Upon a motion by Councilman Ratty, Water and City Growth Committee Report No. 10-82 regarding Assessment District No. i for Olcese Water District, was accepted. Adoption of Resolution No. 135-82 of the Council of the City of Bakers- field approving the proposal as set forth in the Resolution of the Board of Directors of the Olcese Water District declaring its intention to order the acquisition of certain improvements in Proposed Assessment District No. 1 of Olcese Water District. Bakersfield, California, December 15, 1982 - Page 9 1 q7 Upon a motion by Councilman Ratty, Resolution No. 135-82 of the Council of the City of Bakersfield approving the proposal as set forth in the Resolution of the Board of Directors of the Olcese Water District declaring its intention to order the acquisition of certain improvements in Proposed Assessment District No. I of Olcese Water District, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Rockoff Barton, Christensen, Payne, Ratty, None Councilman Means City Manager Kelmar reported several months ago the assistance in the promotion of annexations approved. Council adopted a report providing for a number of annexation policies. One of the expressions by the Council was that, if necessary, funds be provided for the City to engage individuals to assist in the promotion of annexations by distributing petitions in certain areas. At this time there are a couple of areas that some efforts should be made and it is requested that a Budget Transfer from the Council Contingency Fund, in the amount of $7,500, be authorized to begin the processing of those areas. Upon a motion by Councilman Ratty, Budget Transfer from the Council Contingency Fund, in the amount of $7,500, for in several areas, was CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3049 to 3424, inclusive, in the amount of $1,039,738.87. (b) Claim for Damages and Personal Injuries from Emma Callihan, c/o Ronald D. Dessy, Attorney at Law, 1508 - 18th Street, Suite 212, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Ritchie Gilbert Snyder, 2605 Miria Street, Bakersfield. (Refer to City Attorney) Bakersfield, Cali£ornia, December 15, 1982 - Page 10 (d) (e) (f) (g) (h) (i) (J) (k) (m) (n) (o) (P) Claim for Damages from Automobile Club of Southern California on behalf of Gregette R. Sheldon, 3809 Newcombe Drive, Bakers- field. (Refer to City Attorney) Claim for Damages from Susan Blair, 17 Flower Street, Bakersfield. (Refer to City Attorney) Claim for Damages from John L. Oliver, 900 Southgate Drive, Bakersfield. (Refer to City Attorney) Claim for Damages from Beatriz Q. Eusebio, 2106 Center Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Bobbie Larkin, DBA B & M Mini Market, 632 Lakeview Avenue, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Jean Pierre Goyenetch, c/o David V. Stiles, Esq., Chain, Younger, Jameson, Lemucchi & Noriega, 1128 Truxtun Avenue, Bakers- field. (Refer to City Attorney) Claim for Damages from Jo Banducci, P.O. Box 1296, Bakersfield. (Refer to City Attorney) Claim for Damages from Automobile Club of Southern California on behalf of Eleanor K. Larson, 2200 "D" Street, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Wayne T. Ford, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Public Road Easement from La Hacienda, Inc., for a portion of Miramonte Drive, as required by the Planning Commission for Parcel Map No. 6712, located adjacent to the southwest portion of the Rio Bravo Golf and Tennis Resort, one-half mile south of State Highway 178. Sewer Easement from Palo Verde Investments and Safeway Stores, Inc., for sewer line purposes as required for Parcel Map No. 6452, located north of Bernard Street, east of Oswell Street. Grant Deed from Jimmy & Dorothy Barron for additional right-of-way required for the widening of Stine Road from Panama Lane to Pacheco Road. Map of Tract No. 4535 and Improvement Agreement with Barratt Northern California, Inc., for construction of improvements therein, located north of Fairview Road, east of Osborne Street. Bakersfield, California, December 15, 1982 - Page 11 169 (q) (r) (s) (t) (u) (v) (w) (x) (Y) Improvement Agreement for Parcel Map No. 6452 with Palo Verde Investments for construction of improvements therein, located north of Bernard Street, east of Oswell Street. Improvement Agreement for Parcel Map No. 6788 with Anglen & Moreland Development for construction of improvements therein, located north of California Avenue, east of Easton Drive. Notices of Completion and Acceptance of Work on: Traffic Signal Modifications on Columbus Street at Oswell Street, Mt. Vernon Avenue at Columbus Street, Ming Avenue at Wible Road, Contract No. 82-117 with A. C. Electric Company. Construction of Kern River Bicycle Trail from Cal-State Bakersfield to Beach Park, Phase I, Contract No. 82-137 with Jacobs Company. Application for Encroachment Permit from Raul Gallo, 4017 Adidas Avenue, Bakers- field, for construction of a 6 foot concrete panel fence behind sidewalk area on Akers Road, per Board of Zoning Adjust- ment Modification No. 3866. Application for Encroachment Permit from David R. Morledge, M.D., 2030 Truxtun Avenue, Bakersfield, for construction of a private light and pole to illuminate front of building at 2030 Truxtun Avenue. Application for Encroachment Permit from Frank G. Haflich, 3728 Jewett Avenue, Bakersfield, for construction of a 6 foot fence at back of lot on "O" Street and behind sidewalk area at 3728 Jewett Avenue. Application for Encroachment Permit from Clinicians Medical Building, 3551 "Q" Street, Bakersfield, for construction of ground mounted light fixtures for sign illumination to be installed near north property line on the south side of 36th Street at 3551 "Q" Street. Plans and Specifications for remodeling Fire Department Headquarters Offices at 2101 "H" Street. Request from Coleman T. and Rebecca G. Proctor £or an extension of time to complete improvements in Tract No. 3972 C & D, Agreement No. 81-141, located south of Pacheco Road and west of Akers Road. The Public Works Department recom- mends a twelve month extension from September 23, 1982 to September 23, 1983, for improvements under Tract No. 3792 C &D. Bakersfield, California, December 15, 1982 - Page 12 (z) Approval of City Standard S-31 for New Street Lights and S-36 for Revised Median Curbs. (aa) Full Reconveyance of Deed of Trust executed by Antonio Smith, 1317 Potomac Street, as Trustor and the City of Bakers- field as the Trustee. Antonio Smith has canceled a Deferred Loan under the City's Community Development Block Grant Program due to personal illness. (bb) Resolution of Intention No. 961 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of York Way lying south of Adanac Court in the City of Bakersfield. This Resolution of Intention sets January 12, 1983, for hearing on the matter before the Council. (cc) Resolution of Intention No. 962 of the Council of the City of Bakersfield, declaring its intention to order the vacation of portions of the Public Utility Easements located within Lots 51, 53 and 55 of Tract No. 4469, in the City of Bakersfield. This Resolution of Intention sets January 12, 1983, for hearing on the matter before the Council. Upon a motion by Councilman Strong, Items (a), (b), (c), (d) (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q) (r), (s), (t), (u), (v), (w), (x), (y), (z), (aa), (bb) and (cc 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 Upon a motion by Councilman Strong, low bid of Jerry McLaughlin, in the amount of $283,885, for rehabilitation of Senior Center at 530 - 4th Street, was accepted, all other bids rejected and the ~{ayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bids of Graybar Electric 2 items), in the amount of $8,601.79, and Control Electric (1 item) in the amount of $1,595.09, for Floodlights and Brackets, were accepted and all other bids rejected. Bakersfield, California, December 15, ~982 - Page 13 171 Upon a motion by Councilman Rockoff, bid of Huntmix, Inc., in the amount of $188,892, for Annual Contract for Type B Asphalt Concrete, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Contractors Equipment and Supply Company, in the amount of $89,731.70, for one street sweeper for the Public Works Department, was accepted and all other bids rejected. Upon a motion by Councilman Rockoff, low bids of Profit Productions (8 items), in the amount of $1,939.80, and Oki Nursery (6 items), in the amount of $3,791.64, for plants and trees for the Parks Division, were accepted and all other bids rejcted. Upon a motion by Councilman Barton, low bid of Micon Construction of Bakersfield, in the amount of $36,285.92, for Sandra Pump Station Modifications, Phase II, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, bid of General Seating Company, in the amount of $16,915.54, for aluminum planks and accessories for the Parks Division, was accepted. Upon a motion by Councilman Payne, low bid of Kunert Electric, in the amount of $107,720, for traffic signal systems on Ming Avenue at Ashe Road and Gosford Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. 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 for three used cars for the Police Department's undercover work, not to exceed the budgeted amount of $24,000. Upon a motion by Councilman Payne, bid of Bakersfield Sandstone, in the amount of $14,575, for 40,000 lb. ti~t top trailer for Public Works Department, was accepted and all other bids rejected. 172 Bakersfield, California, December 15, 1982 - Page 14 Upon a motion by Councilman Rockoff, low bids of Jim Burke Ford (3 items), in the amount of $49,329.43, and Three Way Chevrolet (2 items), in the amount of $28,113.64, for eight trucks, were accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2792 New Series amending Section 2.24.020 of the Bakersfield Municipal Code and adding Sections 2.24.021 and 2.24.022 relating to establishing the City Council as the Redevelopment Agency. Upon a motion by Councilman Rockoff, Ordinance No. 2792 New Series amending Section 2.24.020 of the Bakersfield ~unicipal Code and adding Sections 2.24.021 and 2.24.022 relating to estab- lishing the City Council as the Redevelopment Agency, was adopted by the following roll call vote: Ayes Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Noes None Absent: Councilman Means Adoption of Ordinance No. 2793 New Series of the Council of the City of Bakersfield amending Chapter 5.08 of the Bakersfield Municipal Code per- taining to Alarm ~ystems. Upon a motion by Councilman Payne, Ordinance No. 2793 New Series of the Council of the City of Bakersfield amending Chapter 5.08 of the Bakersfield Municipal Code pertaining to Alarm Systems, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Noes: None Absent: Councilman Means Adoption of Ordinance No. 2794 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changingsthe Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 107 and 113 17th Street. Bakersfield, California, December 15, 1982 - Page 15 173 Kuest ~ultiple Family Dwelling) Zone to The Planning Commission amendment. The application for this amendment was made by Frank W. and would change subject properties from an R-4 (Limited a C-2 (Commercial) Zone. recommended approval of this amendment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2795 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 3317 thru 3413 Alum Avenue (odd only) and 3316 thru 3412 Adanac Court (even only), finding said zoning consistent Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2794 New Series amending Title Seventeen of the Municipal Code of the City of Bakers£ield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 107 and 113 17th Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Noes: None Absent: Councilman Means Adoption of Ordinance No. 2795 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 3317 thru 3413 Alum Avenue (odd only) and 3316 thru 3412 Adanac Court (even only). This amendment was initiated by the Planning Commission and would change subject properties from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission recommended approval of this 174 Bakersfield, California, December 15, 1982 - Page with the General Plan, vote: Ayes: were adopted by the following roll call Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Noes None Absent: Councilman Means Adoption of Ordinance No. 2796 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield, located north of Sage Drive between South Half Moon Drive on the west and Wilson Road on the east, and making findings in connection with a P.U.D. Zone. The application for this amendment was made by U. S. Home Corporation and would change subject properties from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone, consisting of 37 lots of a revised 97 lot sub- division. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2796 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Munici- pal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield, located north of Sage Drive between South Half Moon Drive on the west and Wilson Road on the east, and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call Ayes: Councilmen Noes: None Absent: vote: Strong, Barton, Christensen, Rockoff Payne, Ratty, Councilman Means Bakersfield, California, December 15, 1982 - Page 175 NEW BUSINESS Adoption of Emergency Ordinance No. 2797 New Series of the Council of the City of Bakersfield amending Section 17.54.200 (g) (2) of the Bakersfield Municipal Code relative to Removal of Nonconforming Signs. This Emergency Ordinance extends the compliance or removal date for certain nonconforming signs to January l, 1984, as recommended by Water and City Growth Committee Report No. 9-82 of December l, 1982. Upon a motion by Councilman Strong, Emergency Ordinance No. 2797 New Series of the Council of the City of Bakersfield amending Section 17.54.200 (g) (2) of the Bakersfield Municipal Code relative to Removal of Nonconforming Signs, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty, Rockoff Noes: None Absent: Councilman Means Authorization granted to Purchasing Division of the Finance Department to enter into a Discount Agreement with Advanced Electronics for radio parts and supplies. Discount Agreements are informal supply contracts that the Purchasing Division has prenegotiated prices or discounts on. Upon a motion by Councilman Rockoff, the Purchasing Division of the Finance Department was granted authorization to enter into a Discount Agreement with Advanced Electronics for radio parts and supplies. Approval of Agreement with Cambrian Energy Systems, Inc., to provide Landfill Gas Monitoring and Landfill Gas Conversion System. The proposals of two firms, Cambrian Energy Systems, Inc., and Getty Synthetic Fuels, were evaluated and on September 15, 1982, the City Council authorized the City to enter into an agreement with Cambrian Energy Systems, Inc. This agreement provides that 176 Bakersfield, California, December 15, 1982 - Page 18 Cambrian will begin engineering a Landfill Gas Monitoring System within three months of the date of execution by all parties, and construction will begin within six months. The agreement also requires County approval. Councilman Rockoff made a motion that Agreement with Cambrian Energy Systems, Inc., to provide Landfill Gas Monitoring and Landfill Gas Conversion System, be approved after coordination with the County of Kern and the Mayor authorized to execute same. City Attorney Oberholzer outlined changes that were made in the contract after the Council received their copies, as follow.s: Page 4. Provision added that the Collection System will include a perimeter gas collection to provide gas collection along the southern perimeter of the Landfill, which borders residential homes. 2. Page 9. Provision added that Cambrian agrees to market the Landfill gas for the use that will generate the greatest economic return for the Landfill owner (City of Bakersfield). 3. Page 20. Included in the Monitoring System the Gas Collection System along the perimeter. 4. Page 21. Provision added that the Perimeter Collection System will be designed along with the Monitoring System and will be installed within 9 months after the effective date of the contract. 5. Royalty Provision has been changed, whereby, Cambrian will pay 1/8 of a royalty for 5 years instead of 7 years. After 5 years it will increase to 1/6 of a royalty. Councilman Payne asked whether or not there is a limitation on the amount of natural gas that can be used to power the system and thereby decrease the City's royalties. Mr. Evan Williams, President of and Attorney representing Cambrian Energy Systems, Inc., stated there is a very effective limitation which will restrain them, even if they desired to use natural gas. The Public Utility Regulatory Policies Act contains a limitation on the amount of natural gas that can be used as a fuel for these systems and still provide the exemption that allows Bakersfield, California, December 15, 1982 - Page 19 them to proceed with a project of this type and not be regulated as a public utility. It is their intent to exclusively use land- fill gas that is generated. The only reason there is a provision allowing the use of natural gas is for such times as the landfill gas is on a decrease curve, which happens over a period of time. They would be supplementing the fuel with natural gas to allow the continued operation of the equipment and generation of revenues, which the City would share. The three parties involved in this contract are Cambrian Energy Systems, Inc., Central Plants (sub- sidiary of Pacific Lighting Corporation), and EMCON Associates, Engineering and Consulting Firm. Mr. Richard Farmer, President of Central Plants, described Pacific Lighting and Central Plants. Pacific Lighting is a very large energy holding company based in Los Angeles and their prin- cipal subsidiary is Southern California Gas Company. Central Plants is one of the largest suppliers of methane gas to commercial, industrial and governmental users in the United States. They provide heat, air-conditioning, refrigeration, etc., throughout many Southern California communities and have been in the energy business for over 100 years. Mr. Tudor Williams, Principal with Cambrian Energy Systems, Inc., stated he has been involved with this project for 1½ years and explained how this proposal came about. One of the critical issues was the danger of the gas to people and surrounding residents, and Cambrian will take action to monitor and control the gas. Mr. Les Toth, Chief Engineer for Central Plants, stated he has looked at the site several times and is familiar with the migration problems of the City. EMCON has been retained and a design is being formulated, regarding the migration of the gas, that is acceptable to the State. The Collection System installation can be started, if the City wishes, between December 25, 1982, and January l, 1983. Bakersfield, California, December 15, 1982 - Page 20 Mr. Tudor Williams, with the aid of charts, explained the economics of the project and stated that at the end of 20 years, which is the project life, there will be $5,000,000 more money for the City of Bakersfield than there is from the other proposal. The first item that was investigated was providing an asset for the City of Bakersfield. They also want to make sure the City got the money and Cambrian felt it was only right. Secondly, they realized an economic value cannot be placed on human life and were to~d there was an urgency to this problem. EMCON wrote the book on how to alleviate it and they took on that responsibility. Cambrian then looked at how to provide the highest value for the City. Power provides the highest value. During the oral presentations Public Works Director Hawley was told if they could cogenerate, that is what they would like to do. Petro-Lewis is interested in the concept and if the equipment takes longer to arrive they would like them to use their gas and boiler in the interim. Central Plants has a tremendous operating history. Mr. Williams requested the Council to vote in favor of the contract so the project can begin next week. In answer to a question by Mayor Shell, Tudor Williams stated the royalty that would accrue to the City is based on the gross sales of the gas. Mr. Philip Rudnick, Attorney at Law, stated he felt the benefit to the Council in being able to see all the graphs and comparisons should be given to both parties, so the final decision can be made in full confidence that both sides have been heard. He wanted to remind the Council, in accordance with a suggestion he heard from Councilman Strong, that there was nothing to prohibit Getty Synthetic Fuels from submitting a proposal, but under a previous determination made by the Council, it would have been inappropriate at that time to ask the staff to change in midstream from contract negotiations with Cambrian. That was recognized by Bakersfield, California, December 15, 1982 - Page 21 179 Getty Synthetic Fuels and they did not want to interfere with those discussions, and upon receiving information those negotiations had concluded they submitted their proposal. The changes made seem to have a significant benefit to the City and if his client, Getty Synthetic Fuels, interest in the project contributed to that they are pleased to have had that favorable result. The proposal sub- mitted by Getty Synthetic Fuels, basically, gave the City the best part of both worlds. In other words, the City would have maximized their income in the sale and marketing of electrical energy. The proposal would have adjusted the royalty payments to the City as if it was a sale of electrical energy. Getty Synthetic Fuels' concern was that the staff and City Council have all relevant infor- mation for this project. If he understood correctly, this proposal is being resolved on its economic basis. It is difficult to accept the fact that Getty Synthetic Fuels'presentation does not basically secure, not on a projection, potential or reference to future dollars, but a firm committed income to the City of Bakers- field. Mr. Rudnick stated he hopes there has not been a misunder- standing, he is not speaking against the proposed agreement. He is speaking in favor of having the opportunity to have a complete presentation for the staff, and then have the sta£f, after hearing all sides, come back to the Council with a recommendation. Councilman Ratty stated, for the benefit of Getty Synthetic Fuels, that the Committee met again and went through the whole matter and they are satisfied that this is the best proposal for the City. Councilman Rockoff's motion that Agreement with Cambrian Energy Systems, Inc., to provide Landfill Gas Monitoring and Land- fill Gas Conversion System be approved, after coordination with the County of Kern, and the Mayor authorized to execute same, was unanimously approved. Mayor Shell declared a brief recess at 9:20 P.M. and reconvened the meeting at 9:25 P.M. Bakersfield, California, December 15, 1982 - Page 22 Approval of Encroachment Permit from Bakersfield Neon Sign Company to install a sign in the public right- of-way at the southeast corner of Panorama Drive and River Boulevard, subject to the legality of the sign being considered at the time that Emergency Ordinance No. 2797 New Series, relative to Removal of Nonconforming Signs expires. The proposed sign requires City Council it is in the street right-of-way. The applicant wishes to install pole, which encroaches approximately four approval because a sign on an existing feet into the street right-of-way. The proposed sign installed on this pole would encroach approximately eight feet. The pole with a sign was installed several years ago, but the sign was removed when the original service station closed. A different company now plans to operate a service station at this location and wishes to utilize the existing pole to support their sign. Mr. James Dalley, representing Bakersfield Neon Sign Company, stated this property is owned by Ralph Smith, a local realtor, and his records indicate a service station operated on the property from 1954 or 1955, until it closed. It is their opinion the proposed sign would not cause problems because of its projection over the street right-of-way. Mobil Oil Company wishes to lease the property, contingent on being allowed to erect the proposed sign. Councilman Ratty stated one of the things the City is trying to do is not allow legal nonconforming signs to be put back up, once they have been taken down. Councilman Ratty asked if the pole could be moved four feet. Mr. Dalley stated it could be moved, but it would disrupt the flow of traffic in the area. Moving the sign would entail considerable expense and that is something the property owner and lessee would have to consider. Bakersfield, California, December 15, 1982 - Page 23 Councilman Ratty stated he cannot see any reason they could not conform to the ordinance. Councilman Strong stated the base of the sign has been in the right-of-way for almost 30 years and that is the reason this matter had to come before the Council. Inasmuch as the Council just passed an Emergency Ordinance to review the Sign Ordinance, he would hope in the interim, especially something as marginal as this, that the Council would show some consideration for nonconforming signs. Councilman Strong stated, in view of the fact the Council just passed an Emergency Ordinance to review the whole idea of the Sign Ordinance, he would make a motion that the Encroachment Permit from Bakersfield Neon Sign Company to install a sign in the public right-of-way at the southeast corner of Panorama Drive and River Boulevard, be approved. Councilman Rockoff stated he has a problem with that, because anyone who wants to do anything nonconforming can do it during this interim period. City Attorney Oberholzer stated pursuant to the ordinance this sign is one that would not have to conform at a later time, because the Council would be authorizing a sign that would not have to conform to a later constricting ordinance, unless a special condition is placed on it. The Council could place a condition on it that it is subject to any future legislation that may be adopted. In answer to a question by Councilman Ratty, City Attorney Oberholzer stated approval of this sign goes with the property and not with the owner, but that can also be a condition of approval. Councilman Strong withdrew his motion. After considerable discussion, Councilman Strong made a motion to approve the Encroachment Permit from Bakersfield Neon Sign Company to install a sign in the public right-of-way at the southeast corner of Panorama Drive and River Boulevard, subject to Bakersfield, California, December 15, 1982 - Page 24 the legality of the sign being considered at the time that Emergency Ordinance No. 2797 New Series amending Section 17.54.200 (g) (2) relative to Removal of Nonconforming Signs expires, which is a year from January, 1984. This motion carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Barton, Christensen, Payne, Councilman Rockoff Councilman ~{eans ADJOURNMENT There being no further business to come Council, upon a motion by Councilman Christensen, adjourned at 10:00 P.~I. Ratty before the the meeting was MA~City f ' Calif. ATTEST: of the City of Bakersfield, ma of the Council California