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HomeMy WebLinkAboutJAN - MAR 1981Bakersfield, California, January 5, 1981 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., January 5, 1981. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Father Martin McGagh of St. Joseph's Catholic Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Miller, Payne, Ratty, Absent: None Strong, Barton, Christensen, Means Minutes of the regular meetings of December 10, December 17, 1980, were approved as presented. PRESENTATION OF RETIREMENT PLAQUES Mayor Hart presented a retirement plaque to John A. McAteer, Fire Captain, who completed 33 years of service with the Fire Department of the City of Bakersfield, 1980. Mayor Hart presented a retirement Rowe, Fire Engineer, who completed 27 years Fire Department of the City of Bakersfield, 1980. 1980 and plaque to Dairel P. of service with the effective December 20, Mayor Hart presented a retirement plaque to James A. West, Firefighter, who completed 25 years of service with the Fire Department of the City of Bakersfield, effective December 28, 1980. Mayor Hart presented a retirement plaque to Clyde E. Woods, Fire Engineer, who completed 24 years of service with the Fire Department of the City of Bakersfield, effective December 13, 1980. Mayor Hart presented a retirement plaque to Leroy D. Livermore, Police Lab Technician, who completed 23 years of service with the Police Department of the City of Bakersfield, effective December 17, 1980. effective December 29, Bakersfield, California, January 5, 1981 - Page 2 MAYOR CHANGE OF OFFICE CEREMONY Mayor Hart stated it is time to say good-by. My years as Mayor, with you, have been among the best, always to remember and cherish. I pray that each of you enjoys the ultimate good health, happiness and good fortune. May the years ahead measure up to your fullest dreams. I am grateful for the privilege of working with you, and the greater one of knowing you. So, with a sincere fondness for all of you, and a deep respect, I say good- by for now. Vice-Mayor Barton presented, on behalf of the entire Council, the following resolution to Mayor Hart: WHEREAS, DONALD M. HART has served the community in numerous distinguished ways that have brought credit to the City of Bakersfield; and WHEREAS, DONALD M. HART, with total dedication, has served the City of Bakersfield as its Mayor from 1969 to 1981; and WHEREAS, while serving as Mayor of the City of Bakersfield, DONALD M. HART provided the leadership and direction that was essential to guide the City through its period of greatest growth; and WHEREAS, DONALD M. HART'S conduct of the business of the City Council of the City of Bakersfield has earned him the respect and admiration of the community and every Council- member. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Bakersfield hereby commends DONALD M. HART for the unprecedented service and contribution he has rendered to the City Council and to the City of Bakersfield for the past twelve years as Mayor and extends its sincere wishes for health and happiness. ADOPTED this 5th day of January, 1981. Vernon D. Strong Donald K. Ratty J. M. Christensen John M. Means Robert N. Miller Thomas A. Payne James J. Barton Vice-Mayor Vice-Mayor Barton also presented a plaque to Mayor Hart with the following inscription: "Presented to Mayor Donald M. Hart in apprecia- tion for your years of service to the City of Bakersfield, 1969 to 1981, by the Bakersfield City Council." Bakersfield, California, January 5, 1981 - Page 3 George Deukmejian, Attorney General of the State of California, administered the Oath of Office to Mayor Mary K. Shell. Former Mayor Hart presented Mayor Shell with a new gavel, suitably engraved. Mayor Shell, in turn, presented former Mayor Hart the gavel which he used during his twelve years in office. Mayor Shell, Mayor Hart with a Key inscription: as her first official act, presented former to the City of Bakersfield with the following "Presented to Donald M. Hart, Mayor, January 5, 1981, by Mary K. Shell, Mayor of the City of Bakersfield." Mayor Shell acknowledged Father Martin McGagh, Attorney General George Deukmejian, Mayor Donald Hart, the people of Bakers-. field and everyone in attendance at tonight's meeting and made the following statement: To the people of Bakersfield and all of you here tonight, I would like to say I can feel your warmth and support and I also am mindful of my obligation to carry through with the things I have talked about these last months. I talked about bringing out the best that is in this community, the best from all of you. I talked about the dilution of local govern- ment. If we continue to allow more and more decisions to be made on our behalf at the State and Federal levels, then we will surely lose our right to govern ourselves. The more decisions made at the local level, the more control each individual citizen can exert. I vow to do everything I can to assure that none of the freedoms to make decisions are diminished for the people of Bakersfield while I am Mayor. But if the citizens of our City are to parti- cipate in this local government process then they must have knowledge of what is being contemplated. I hope, in the future, the public will be invited to attend meetings of City Council Committees. And I ask the members of the Council to be patient with me while I learn. We are all citizen representatives, not pro- fessional politicaris and I'd like to say something about that. I don't think the members of the City Council should be afraid of debate and honest disagreement during the Bakersfield, California, January 5, 1981 ~ Page 4 Council Meetings, even if the discussions get heated at times. While I personally hope that debate will be confined to issues, not personalities, I think we should recognize that this is the place where individual viewpoints should be heard and a consensus reached. Now that can get pretty noisy and irreverent at times, but I, for one, am thankful we still enjoy the privilege of citizen self-government. And this is the first echelon. I look forward to working with you members of the Council and with the staff of the City, and with the people of Bakersfield. It's your town!! Mayor Shell declared a brief recess at 8:20 P.M. and reconvened the meeting at 8:35 P.M. CORRESPONDENCE Upon a motion by Councilman Payne, communication from Carpenter, Kuhn, Williams, Parsons & Sprayberry, Accountancy Corporation, dated November 21, 1980, regarding the City's com- pliance audit of Federal Revenue Sharing Funds for the year ending June 30, 1980, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from James H. Lake, 3819 Fort Hill Drive, Alexandria, Virginia, dated December 16, 1980, in appreciation of expression of sympathy at his father's passing, was received and ordered placed on file. Upon a motion by Councilman Miller, communication from Pacific Gas and Electric Company, San Francisco, California, dated December 24, 1980, giving notice regarding application to increase its rates and charges for electric and gas service, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Thomas Kelly Associates, P.O. Box 10015, Bakersfield, dated December 24, 1980, representing the Village Green Condominium Association and the Kern City Associations, requesting the Rosewood Health Facility be required to create a barrier to trespassers, was received and referred to Fire and Development Services Depart- ment. Bakersfield, California, January 5, 1981 - Page 5 Upon a motion by Councilman Miller, communication from Reverend W. F. Jackson, Pastor of the Holy Temple, Church of God in Christ, 1001 East Planz Road, Bakersfield, received December 29, 1980, in opposition to proposed amendment to the Land Use Element in the Crystal Heights addition, was received and referred to Fire and Development Services Department. Upon a motion by Councilman Payne, communication from Patricia Wade, 917 East Planz Road, Bakersfield, received December 29, 1980, in opposition to proposed amendment to the Land Use Element in the Crystal Heights addition, was received and referred to Fire and Development Services Department. Upon a motion by Councilman Barton, communication from the Kern Audubon Society, P.O. Box 3581, Bakersfield, dated January l, 1981, regarding the current situation at the Environ- mental Protection Corporation site one mile north of the Kern River and northeast of the City of Bakersfield, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from the California Regional Water Quality Control Board, Central Valley Region, dated January 2, 1981, regarding West Bakersfield Sewer Study, was received and referred to the Water and City Growth Committee for study and recommendation. COUNCIL STATEMENTS Councilman Payne announced that he appointed Mr. Reuben Duran, 4132 Parker Avenue, to the California Avenue Park Neighbor- hood Facility Citizens Advisory Committee. Councilman Miller stated he intends to make a motion at the meeting of January 14, 1981, to appoint Mr. Jim Redstone to the vacancy on the Planning Commission. Councilman Miller stated the Council is suppose to give the staff some kind of direction, prior to January 15, 1981, regarding the Workshop Session between the Council and Redevelopment Agency to discuss the Downtown Shopping Mall. Councilman Miller 1.q4 Bakersfield, California, January 5, 1981 - Page 6 also stated a letter has been received from Eugene Jacobs, Specia~ Counsel to the Redevelopment Agency, recommending that the Counci~ take no action until the end of the first quarter of 1981. Councilman Payne stated that due to pending litigation he would not participate in this matter. Councilman Barton made a motion that the action taken by the Council at the meeting of December 10, 1980, that a Workshop Session between the Council and Redevelopment Agency to discuss the Downtown Shopping Mall be held in a period not to exceed 30 days from December 15, 1980, be rescinded. After discussion this motion carried by the following roll call vote: Ayes Councilmen Miller, Ratty, Strong, Barton, Christensen, Means Noes None Absent: None Abstaining: Councilman Payne Councilman Ratty stated he intends to make a motion at the meeting of January 14, 1981, to appoint Mr. David Milazzo to the vacancy on the Planning Commission. Councilman Strong requested that the Council recess to an Executive Session to discuss the City Manager's contract immediately following the last item on tonight's agenda. Upon a motion by Councilman Strong, Mr. William H. McCullough, 2525 Buena Vista Street, was reappointed to the Police Department Civil Service Board, term expiring December 31, 1986. Councilman Christensen expressed his well wishes to Mayor Shell. REPORTS Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 1-81 regarding Increase in Planning Fees, as follows: In this Committee's report in June on the 1980- 81 operating budget, it was indicated the staff was concerned with the existing fee structure for Planning Department Processing Fees, as the Bakersfield, California, January 5, 1981 - Page ? c3sts far exceeded the charge. During Committee discussions, it was noted that many of these fees had not been updated for a number of years and certain types of processing was occurring without a charge. At that time, all of the information had not been finalized regarding these fees and the Committee requested the staff to complete their studies which involved a detailed analysis of actual time spent by employees in all City departments involved in processing to determine the City's cost and after budget hearings, these items would be reviewed. Upon completion, the staff met with the Committee to discuss the results. It became quite obvious these charges should be updated when the com- parison is made between the present cost and the present charge. As can also be seen from the attachment, the proposed fees are very reasonable when compared with those being charged by the County of Kern and City of Fresno. The Committee was concerned with the affect these fees may have on those who would be paying them. As a result, the proposed fee schedule was submitted to those affected groups and others who might be interested to obtain their reaction. Only two responses were received and both were favorable. The Committee is supportive of these proposed changes, but prior to a final recommendation would request a public hearing be scheduled to obtain any further public input. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 1-81 regarding Increase in Planning Fees, was accepted; and a public hearing on this matter was set for Wednesday, January 28, 1981, in the Council Chambers of City Hall. In response to a question by Councilman Miller, Acting City Manager Kelmar indicated that interested parties would be notified of the hearing regarding proposed increase in Planning Fees. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4026 to 4105, inclusive, in the amount of $278,461.43. (b) Claim for Damages and Personal Injuries from Robert Duran, 2601 Buddy Street, Bakersfield. (Refer to City Attorney) Bakersfield, California, January 5, 1981 - Page 8 (c) (d) (e) (f) (g) (h) (i) (J) (k) (i) Claim for Damages from Elzora Sanders, 1405 LaPuente Drive, Bakersfield. (Refer to City Attorney) Claim for Damages from Allen Leonard, 1002 Blosser Road, Apt. W, Santa Maria, California. (Refer to City Attorney) Claim for Damages from Soromie Moore, 228 South Haley Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Farmers Insurance Group, Bakersfield, on behalf of Earlene Barron. (Refer to City Attorney) Street Right-of-Way Deed from Bank of America National Trust & Savings Assoc. providing for dedication of property returns at the northwest corner of Mohawk Street and California Avenue, and south- west corner of East Commercenter and Business Park North. Street Right-of-Way Deed from M. T. L. Development Company, a General Partner- ship, providing for an additional 10 feet of right-of-way on McCleary Way as required by the Planning Commission for Tract No. 4185, located north of Panama Lane, east of South "H" Street. Street Right-of-Way Deed from H-Bar Development Company, Inc., providing an additional 10 feet of right-of-way on McCleary Way as required for Tract No. 4400, located north of Panama Lane, east of South "H" Street. Quitclaim Deed from the City of Bakers- field to Tenneco Realty Development Corp. for a turnaround easement located within Tract No. 4114 north of Stockdale Highway and west of Montclair Street. Quitclaim Deed for Sewer Easement from the City of Bakersfield to Tenneco Realty Development Corporation and Sewer Line Easement from Tenneco Realty Development Corporation to the City of Bakersfield. This exchange of sewer line easements located within Tract No. 4114, north of Stockdale Highway and west of Montclair Street, will allow the sewer to be placed within the future street right-of-way. Notice of Completion and Acceptance of Work on paving and realignment of Lake Ming Road at Alfred Harrell Highway, Contract No. 80-123 with Granite Con- struction Company. Bakersfield, California, January 5, 1981 - Page 9 1.q7 (m) Notice of Completion and Acceptance of Work on Tract No. 5496, Contract No. 79-177 with Thomas David Queen, located at Bella Drive east of Russell Way. (n) Deleted (o) Revision of City of Bakersfield Standard Drawing Nos. S-8, Frames and Covers for Manholes and Cleanouts; and S-29, Survey Monuments. (p) 60 Day Medical Leave of Absence Without Pay for David E. Hancock, Sanitation Worker I. This will extend the leave of absence through February 23, 1981. (q) Deleted Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (o) and (p) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Miller, low base bid of $34,743 from Turman Construction Company for Bernard Street Retention Basin, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Certification of Negative Declaration No. 1237 for Multimodal Transit Terminal in Downtown Bakersfield. On October 29, 1980, the Council reviewed and approved the submittal of an application to Caltrans in an effort to have a proposed Multimodal Transportation Terminal prioritized and placed on Caltrans' list of projects that may receive funding assistance. Caltrans has required that an environmental review of the proposed concept occur so as to identify any significant problems that may be created. All review periods have expired and a public hearing was conducted by the Redevelopment Agency without receiving any negative comment. Bakersfield, California, January 5, 1981 - Page l0 Action on this item was deferred from the Council Meeting of December 17, 1980. Councilman Payne stated that due to pending litigation he would not participate in this matter. Upon a motion by Councilman Christensen, Negative Declaration No. 1237 for Multimodal Transit Terminal in Downtown Bakersfield, vote: Ayes: Christensen, Noes: Absent: Abstaining: was certified by the following roll call Councilmen Miller, Ratty, Strong, Barton, Means None None Councilman Payne NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the east side of Stine Road, south of Harris Road; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Casa Linda, Inc., and would change subject property from a P.U.D. (Planned Unit Development) Zone to a P.U.D. (Planned Unit Develop- ment) Zone, to allow a revision of 90 attached single family units, with some units constructed with a zero side yard setback; and redesign of the remaining units. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the east side of Stine Road, south of Harris Road; and making findings in connection with a P.U.D. Zone. Approval of Application of Zip-In Restaurant & Dell for a 54 foot high freestanding sign at 2610 Pierce Road. Bakersfield, California, January 5, 1981 - Page ll All signs over 50 feet in height require approval of the City Council. The Council denied a prior request for a sign at this location. The applicant has modified the original request and now asks approval of a 54 foot high sign, 345 square feet (15.33 x 22.5) in area. The Sign Ordinance permits an area of 240 square feet in a C-2 Zone. There are other signs in the area that exceed 50 feet in height. Mr. Alvin Stauffer, Owner of Simple Signman Sign Company, representing May-Mooney, Inc., requested that the Council grant his application for a sign at 2610 Pierce Road. Upon a motion by Councilman Strong, Application of Zip-In Restaurant & Deli for a 54 foot high freestanding sign at 2610 Pierce Road, was approved by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None EXECUTIVE SESSION The Council recessed to an Executive Session at 9:00 P.M. to discuss the City Manager's contract. The regular Council Meeting was reconvened at 9:42 P.M. Upon a motion by Councilman Strong, Philip Kelmar was appointed City Manager of the City of Bakers£ield, effective December 29, 1980, and the City Attorney was instructed to draft a contract with the following provisions: 1. Contract period to be for three years. 2. Four month severance pay clause. 3. Base pay to be Step i of the present Salary Schedule for the City Manager's position. 4. Annual review of contract, except the first year when the review period will be within six months. 5. Sick and vacation time accrued will be paid in full upon termination of employ- ment 140 Bakersfield, California, January 5, 1981 - Page 12 Ayes: Noes: None Absent: None 6. Other terms essentially the same as the contract with the former City Manager. This motion carried by the following roll call vote: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means ADJOURNMENT There being no further business Council, upon a motion by Councilman Christensen, adjourned at 9:45 P.M. to come before the the meeting was sfield, Calif. MAYOR of the ~ffty of B~k-er~ ATTEST: ASSI~Tg~T C~TY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, January 14, 1981 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., January 14, 1981. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Mayor Shell. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Absent: None Minutes of the regular meeting of January 5, 1981 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Harding & Mueller, Architects, 810 "H" Street, dated January 5, 1981, requesting that a parcel of City-owned land located adjacent to the Kern River at 24th and Oak Streets be declared excess land, was received and referred to Public Works Department for study and recommendation. Upon a motion by Councilman Payne, communication from the State Department of Housing and Community Development, dated December 1, 1980, regarding a Model Code for the rehabilitation of residential hotels, was received and referred to the Fire and Development Services Department. Upon a motion by Councilman Strong, communication from the Bakersfield News Observer, 1219 20th Street, dated January 6, 1981, informing the Council that this newspaper is legally qualified to print legal notices, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from B. B. Limited, dated January l, 1981, requesting that the Council direct their attention to providing adequate parking in the down- town area, was received and referred to the Business Development and Parking Committee. Bakersfield, California, January 14, 1981 - Page 2 Upon a motion by Councilman Payne, communication from the Kern Chapter of the California Council of Civil Engineers and Land Surveyors, dated January 6, 1981, recommending Mr. James Redstone for the vacancy on the Planning Commission, was received and ordered placed on file. Upon a motion by Councilman Strong, communication from the Police Department Civil Service Commission, dated January 14, 1981, requesting that funds be appropriated to start a psychological screening program for the Police Department, was received and referred to the Governmental Efficiency and Personnel Committee for study and recommendation. COUNCIL STATEMENTS Adoption of Resolution No. 1-81 of the Council of the City of Bakers- field commending the California State College at Bakersfield Wrestling Team and Coach Joe Seay. Upon a motion by Councilman Christensen, Resolution No. 1-81 of the Council of the City of Bakersfield commending the California State College at Bakersfield Wrestling Team and Coach Joe Seay, was adopted by the following roll call vote: Ayes Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes None Absent: None Vice-Mayor Barton presented, on behalf of the entire Council and ~ayor, the following resolution to former City Manager Harold E. Bergen: WHEREAS, H. E. BERGEN served as City Manager for the period of April 5, 1966, to December 27, 1980; and WHEREAS, H. E. BERGEN'S leadership and adminis- tration has resulted in the accomplishment of unprecedented achievements for the City of Bakersfield; and WHEREAS, after twenty-five years of service to the City of Bakersfield, H. E. BERGEN retired from his position as City Manager. Bakersfield, California, January 14, 1981 - Page 3 NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Bakersfield hereby commends H. E. BERGEN for his laudatory administration and management of the City of Bakersfield and ex- tends its best wishes for continued success. Mary K. Shell James J. Barton Mayor Vice-Mayor Vernon D. Strong J. M. Christensen Robert N. Miller Donald K. Ratty John M. Means Thomas A. Payne APPROVED THIS 14th day of January, 1981 Vice-Mayor Barton also presented a clock to Mr. Bergen with a suitable inscription. Councilman Strong stated he intends to make a motion, at the meeting of January 28, 1981, to appoint Mr. Robert Bethea to the Board of the Golden Empire Transit District. Councilman Means nominated Mr. Benjamin T. James, 1031 - 4th Street, to fill the vacancy on the Planning Commission. Councilman Ratty nominated Mr. David Y. Milazzo, 2432 Spruce Street, to fill the vacancy on the Planning Commission. Councilman Miller nominated Mr. James Redstone, 7209 Outingdale Drive, to fill the vacancy on the Planning Commission. Upon a motion by Councilman Strong, nominations of persons to fill a vacancy on the Planning Commission were closed. Nomination by Councilman Means to appoint Mr. Benjamin T. James, 1031 4th Street, to fill the vacancy on the Planning Commission, Ayes: Noes: Absent: Abstaining: Rules failed to carry by the following roll call vote: Councilmen Barton, Christensen, Means Councilmen Payne, Ratty None Councilmen Miller, Strong (Councilman Strong passed the first time his name was called and reserved the right to vote last) City Attorney Oberholzer informed the Council that Mason's do not provide for a Councilman passing on a vote. 144 Bakersfield, California, January 14, 198~ - Page 4 Councilman Miller questioned the Clerk's clarification of the previous roll call vote regarding the nomination of Benjamin T. James and requested another roll call vote: Ayes: Councilmen Barton, Means Noes: Councilmen Payne, Ratty, Christensen Absent: None Abstaining: Councilmen Strong, Miller Nomination by Councilman Ratty to appoint Mr. David Y. Milazzo, 2432 Spruce Street, to fill the vacancy on the Planning Commission, failed to carry by the following roll call vote: Ayes: Councilmen Ratty, Means Noes: Councilmen Strong, Barton, Christensen Absent: None Abstaining: Councilmen Payne, Miller Nomination by Councilman Miller to appoint Mr. James Redstone, 7209 Outingdale Drive, to fill the vacancy on the Planning Commission, created by the resignation of Jill Haddad, term expiring April 17, 1981, carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Payne, Ratty, Strong, Christensen, Means, Miller Councilman Barton None Councilman Payne stated that due to pending litigation he would not participate in the following matters. Councilman Miller stated that since it appears to be in the public interest to remove the opening date restricting on the Eastside Shopping Center as now contained in the General Plan, he would make a motion that: Pursuant to Government Code Section 65356.1, that the City Council initiate a change to a condition of the Land Use Element of the General Plan by submitting to the Planning Commission a change to eliminate the opening date restriction on the Eastside Shopping Center; furthermore, Bakersfield, California, January 14, 1981 - Page 5 '145 since a focused EIR may be necessary, and having obtained the consent of John Brock, any EIR efforts necessary to consider removal of the opening date restriction shall be paid by John Brock, the original applicant; furthermore, that after the necessary public hearing, that the Planning Commission report back to the City Council within 90 days. Councilman Miller's motion was approved by the following roll call vote: Ayes Noes Councilmen Ratty, Miller None Strong, Barton, Christensen, Means, Absent: None Abstaining: Councilman Payne CONSENT CALENDAR The (a) (b) (c) following items were listed on the Consent Calendar: Allowance of Claims Nos. 4106 to 4356, inclusive, in the amount of $573,538.37. Claim for Damages from Rose Marie Garcia and Violet Contreras, 622 Jackson Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Jack Winter, Jr., as Guardian ad Litem for Joy Lynn Winter, 2112 22nd Street, Bakersfield. (Refer to City Attorney) (d) (e) Claim for Damages from Austin & Thompson, Attorneys at Law, on behalf of Lyle's College of Beauty, 30th and "F" Streets, Bakersfield. (Refer to City Attorney) Amended Claim for Damages from Johnny Charles Turner, 1520 South Chestnut, Apt. 109, Fresno, California. (Refer to City Attorney) (f) Claim for Damages from Charles R. Coleman, 717 East Brundage Lane, Station B, Bakers- field. (Refer to City Attorney) (g) Grant Deed from Tenneco Realty Development Corporation regarding purchase of Water Well and appurtenant land located ½ mile south of Ming Avenue or Gosford Road. (h) Sewer Line Easement from M. T. L. Develop- ment Company as required by the Planning Commission for Tract No. 4226, located north of Fairview Road and east of South "H" Street. Bakersfield, California, January 14, 1981 - Page 6 (i) Street Right-of-Way Deed from Frank A. & Janice E. Elliott for dedication of property return at southwest corner of 40th Street and San Dimas Street, as required for Parcel Map No. 6008. (J) Street Right-of-Way Deed from Sill Properties for dedication of Sillect Avenue from the intersection of Brittan Road and Arrow Street southerly to existing portion of Sillect Avenue, as required by the Planning Commission for Parcel Map No. 6021. (k) Improvement Agreement for Parcel Map No. 5846 with Continental Properties for construction of improvements therein, located south of White Lane, east of Stine Road. (1) Improvement Agreement for Parcel Map No. 6021 with Sill Properties, Inc., for construction of improvements therein, located east of Arrow Street, northeasterly of Sillect Avenue. (m) Plans and Specifications for construction of Wastewater Treatment Plant No. 3, 1981 Interim Improvements. (n) Plans and Specifications for A. C. Pave- ment on portions of South "H" Street between Panama Lane and Fairview Road, Fairview Road west of South "H" Street, and White Lane between Freeway 99 and Hughes Lane. (o) Revisions of City of Bakersfield Standard Drawing No. S-20, Standard 6" Cleanout. (p) Application for Encroachment Permit from John Gordon, 1316 Lindsay Drive, for construction of a 4 foot high chain link fence on a 23 foot high retaining wall along back of sidewalk on the northeast corner of Lindsay Drive and South "K" Street. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o) and (p) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None Bakersfield, Cali£ornia, January 14, 1981 - Page 7 147 ACTION ON BIDS Upon a motion by Councilman Means, bid of American Fence Company, in the amount of $7,654.00, for Annual Contract for Fencing, was accepted, the other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Miller, low bid of Three Way Chevrolet, in the amount of $44,356.86, for a truck with mounted vacuum tank for the Public Works Department, was accepted, all other bids rejected and Budget Transfer from Account No. 11-484- 9972, in the amount of $15,300, and Account No. 11-484-9983, in the amount of $1,056.86, to Account No. 81-484-9973, was approved. Upon a motion by Councilman Payne, low Base Bid of J. L. Denio, in the amount of $59,458.25, for the Alum Avenue Storm Drain, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of James G. Francis, in the amount of $2,136,998.42, for construction o£ the Chester Avenue Underpass at the Southem Pacific Railroad Crossing, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of Gamcon, in the amount of $7,715.40, for construction of a Sanitary Sewer for the South Wing Addition to City Hall, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of Bone & Son, in the amount of $4,952.00, for demolition of various structures, was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Granite Construction Company, in the amount of $258,945.00, for construction of Asphalt Concrete Pavement on portions of Gosford Road, White Lane and Lily Drive, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, January 14, 1981 - Page 8 DEFERRED BUSINESS Adoption of Ordinance No. 2616 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the east side of Stine Road, south of Harris Road; and making £indings in connection with a P.U.D. Zone. The application for this amendment was made by Casa Linda, Inc., and would change subject property from a P.U.D. (Planned Unit Development) Zone to a P.U.D. (Planned Unit Development) Zone, to allow a revision to 90 attached single family units, with some units constructed with a zero side yard setback; and redesign the remaining units. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2616 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Munici- pal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the east side of Stine Road, south of Harris Road; and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes Councilmen Payne, Ratty, Strong, Barton, Christensen, Means Noes None Absent: Councilman Miller NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 3.18.010 of Chapter 3.18 relative to setting the compen- sation to be paid to members of the Planning and Civil Service Commissions of the City of Bakersfield. This ordinance brings the existing ordinance provisions into compliance with the Council's action of June 16, 1980, in which it was agreed that members of the Planning Commission and Bakersfield, California, January 14, 1981 - Page 9 the three Civil Service Commissions would receive $25 per regular meeting, up to a maximum of $100 per month. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 3.18.010 of Chapter 3.18 relative to setting the compensation to be paid to members of the Planning and Civil Service Commissions of the City of Bakersfield. 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 northwest corner of Panama Lane and Wible Road. The application for this amendment was made by Regional Mortgage Company and would change subject properties from an MH (Mobilehome) Zone to an R-1 (One Family Dwelling) and R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zones; and from an R-1 (One Family Dwelling) Zone to a C-1-D (Limited Commercial - Architectural Design) and R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zones. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northwest corner of Panama Lane and Wible Road. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 4417 Wilson Road. The application for this amendment was made by Michael A. Moss and would change subject property from an R-1 (One Family Dwelling) Zone to a C-O-D (Commercial and Pro£essional Office - Architectural Design) Zone. 150 Bakersfield, California, January 14, 1981 - Page 10 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 commonly known as 4417 Wilson Road. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning o£ that certain property in the City of Bakersfield located on the west side of Hughes Lane, approximately 425 feet north of Bea Court. The application for this amendment was made by Harold R. Clark and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Hughes Lane, approximately 425 feet north of Bea Court. Adoption of Resolution No. 2-81 of the Council of the City o~ Bakers- field fixing time, date and place for hearing report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing any protests or objections thereto. This resolution sets the date of public hearing for Wednesday, February 4, 1981, in the Council Chambers of City Hall and a notice will be published in the newspaper and mailed to the property owners as shown on the assessment roll of the County. Upon a motion by Councilman Christensen, Resolution No. 2-81 of the Council of the City of Bakersfield fixing time, date and place for hearing report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing any protests or Bakersfield, Califonia, January 14, 1981 - Page 11 objections thereto, Ayes: was adopted by the following roll call vote: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None Abstaining: Councilman Miller Approval of Agreement between the City and Mervyn's Corporation pro- viding for driveway and median storage lane modifications along California Avenue and installation of a traffic signal at Mervyn's main driveway entrance on California Avenue. costs. warrants for a signal and is at the optimum location for the syncronized signal system proposed for California Avenue. The estimated cost of the project is $85,000. Mervyn's will make a cash deposit of this amount to the City prior to the City advertising for bids. Upon a motion by Councilman Ratty, Agreement between the City and Mervyn's Corporation providing for driveway and median storage lane modifications along California Avenue and installation of a traffic signal at Mervyn's main driveway entrance on California Avenue, was approved and the Mayor was authorized to execute same. Approval of Lease Agreement with Radio Station KERN for a Trans- mitting Site. This Lease Agreement replaces Lease Agreement No. 79-62, which was never fully executed, and sets March l, 1981, as commence- ment of lease period. Other terms identical with those accepted by the Council in Lease Agreement No. 79-62. Upon a motion by Councilman Payne, Lease Agreement with Radio Station KERN for a Transmitting Site, was approved and the Mayor was authorized to execute same. Mervyn's will be responsible for the design and construction The proposed traffic signal location meets the minimum 159 Bakers£ie~d, California, January 14, 1981 - Page 12 Approval of City Manager's Contract with Philip Kelmar This contract provides the terms and conditions for employment of the City Manager as agreed upon by the City Council and Mr. Kelmar at the January 5, 2981, Council Meeting. Councilman Strong asked if it would be in conflict with this contract, if, in the future, the Council decided not to uni- formally give raises to everyone in the Management Group, as it has in the past. City Attorney Oberholzer stated no. Upon a motion by Councilman Strong, City Manager's Contract with Philip Kelmar, was approved and the Mayor was authorized to execute same. Approval of request for authorization to spend $4,000 from the Parking Fund to replace 50 parking meter mechanisms. The existing meter mechanisms are over 20 years old and no longer serviceable. Upon a motion by Councilman Means, request for authori- zation to spend $4,000 from the Parking Fund to replace 50 parking meter mechanisms, was approved. HEARINGS This is the time set for public hearing before the Council on an Appeal by Edwin W. Wilson, Doris Jean Wilson and Dr. Kenneth D. Raak to the decision of the Planning Commission denying their application to change the zoning boundaries from an "A" (Agricultural) Zone to a C-1-D (Limited Commercial - Architect'~ral Design) Zone, affecting those certain properties in the City of Bakersfield located on the northeast and southeast corners of the future extensions of Panorama Drive and Morning Drive. This hearing has been duly advertised and the property owners have been notified as required by law. Mayor Shell declared the hearing open for public partici-- pation. Bakersfield, California, January 14, 1981 - Page 13 Mr. Dick Foster, representing the applicants, stated the owners requested a rezoning that conforms with the General Plan. It only failed to get approval from the Planning Commission because of a lack of a quorum and he requested that the zone change be granted. 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 Miller, recommendation of the Planning Commission was overturned, Negative Declaration was approved and first reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northeast and southeast corners of the future extensions of Panorama Drive and Morning Drive, by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None ADJOURNMENT There being no further business to come Council, upon a motion by Councilman Christensen, adjourned at 8:55 P.M. before the the meeting was MAYOR of theCity of Bakersfield, Calif. ATTEST: ~CLERK~~ad' Off~e CITY E rk of the Council of the City of Bakersfield, California ma Bakersfield, California, January 28, 1981 of Hall at 8:00 P.M., January 28, 1981. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance and Invocation by Mayor Shell. Present: Absent: Minutes of a regular meeting of the Council of the City Bakersfield, California, held in the Council Chambers of City The City Clerk called the roll as Mayor Shell. followed follows: Councilmen Ratty, Strong, Barton, Christensen, Means, Mil~er, Payne None Minutes of the regular meeting of January approved as presented. CORRESPONDENCE Upon a motion by Councilman Ratty, 14, 1981 were communication from the California Society of Municipal Finance Officers, dated January 16, 1981, congratulating the staff for being awarded the California Society of Municipal Finance Officers' Outstanding Award for Financial Reporting for its 1979-80 Annual Report, was received and ordered placed on file. Councilman Means commended the staff for the excellent job and complimented them for the award. Councilman Christensen read the following communication from Wilson Call, Architect, dated January 18, 1981, into the record: Bakersfield City Council Bakersfield, California Re: Downtown Bakersfield Dear Honorable Body: When are you going to realize that Downtown Bakersfield will revitalize itself through private enterprise, exercising tax investment credits, if parking is provided. This is evidenced by the article in the Sunday, Jan. 18, 1981, issue of the Bakersfield Californian, headlining "Parking Hampers Downtown Face Lift". I have avocated since 1967 that there is noth- ing wrong with Downtown Bakersfield that parking will not solve. Now is the time to drop the Shopping Mall, as it is ill conceived and economically unsound, and devote your attention and development funds to the parking problem. Very truly yours, WILSON CALL, AIA Bakersfield, California, January 28, 1981 - Page 2 155 Upon a motion by Councilman Christensen, communication from Wilson Call, Architect, dated January 18, 1981, regarding Downtown Shopping Mall and parking, was received and ordered placed on file. Upon a motion by Councilman Barton, communication from Warner Cable of Kern County, Inc., dated January 19, 1981, giving notice of intention to raise rates in the incorporated service area of the City on March l, 1981, was received and ordered placed on file. Upon a motion by Councilman Miller, communication from Sanders Twilly, DARA Records, 9348 Santa Monica Boulevard, Suite 101, Beverly Hills, dated January 20, 1981, enclosing a record entitled "Bakersfield" by David Adams, was received, ordered placed on file and the Mayor was authorized to write a letter of encourage- ment to Mr. Adams. Upon a motion by Councilman Miller, communication from Hull & Associates on behalf of the Rodeway Inn of Bakersfield, dated January 26, 1981, requesting abandonment o£ a pipeline drain-- age easement that traverses the southerly portion of the Rodeway Inn parking lot, was received and referred to the Planning Com- mission for study and recommendation. Upon a motion by Councilman Ratty, communication from Borton, Petrini & Conton, Attorneys at Law, dated January 27, 1981, requesting abandonment of a portion of 26th Street between "Q" Street and Freeway 178, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Christensen read the following paragraph from a Mailgram given to the Council on December 14, 1980: In a recent Business Development and Parking Committee meeting the staff presented a cost- analysis on a proposed parking structure for the existing downtown business area. It was pointed out that numerous businesses expressed interest in long-term lease agreements for 1.56 Bakersfield, California, January 28, 1981 - Page 3 spaces in a parking structure downtown. It was also pointed out that even with these leases a subsidy would be needed from the Redevelopment Agency's Tax Increments. Un- fortunately, the Agency has obligated the entire available increments for the proposed regional mall. Thus, a subsidy is not currently available. Councilman Christensen asked the City Manager what took place at yesterday's Redevelopment Agency meeting regarding the parking problem. City Manager Kelmar stated letters were received from Mr. Benton, Owner of the Haberfelde Building, and the Building Manager of the Brower Building, and also one of the owners of the Brower Building was present, indicating an interest in leasing parking spaces. These requests were referred to the Parking Committee of the Redevelopment Agency. Councilman Payne welcomed Boy Scout Troop No. 24 to the Council Meeting tonight. Upon a motion by Councilman Payne, a Special Council Workshop Session will be held at 7:00 P.M., Thursday, February 5, 1981, in the City Water Department's Conference Room, 4101Truxtun Avenue, to update the Council and interested persons on the operations of the City's Water Department. Councilman Miller requested that staff conduct a traffic study at Auburn and Columbus Streets and make a report back to the Council when it is completed. Councilman Ratty made a motion to reappoint Mr. Bill Carter, 2612 Crest Drive, as a member of the Golden Empire Transit District Board. Councilman Strong questioned Mr. Carter regarding the position he took as a member of the Board of GET during the strike several months ago. Councilman Strong requested that Councilman Ratty withdraw his nomination and give the Council an opportunity to contact the person. Councilman Ratty stated he would withdraw his motion to reappoint Mr. Bill Carter to the GET Board until next week. Bakersfield, California, January 28, 1981 - Page 4 1.57 Councilman Barton stated the Manager of the Agricultural Water Department wrote a memo to City Manager Kelmar and the Water Board stating that in the 1980-81 Agricultural Water Enterprise Operations $90,000 was budgeted to be transferred to the City's General Fund, if revenues exceeded operations, maintenance, adminis- trative and debt service requirements. Since 1980 yielded an above average water supply, revenues were also above the normal year's water income. Due to these conditions it is requested that $90,000 of unencumbered current fiscal year's Agricultural Water revenues be transferred to the City's General Fund. This transfer would begin the repayment to the City's General Fund for acquisition costs for legal, engineering and financial requirements that were necessary to purchase the Kern River water rights and Ashe Water System from Tenneco West, Inc. Councilman Barton made a motion that $90,000 be trans- £erred from the Agricultural Water Department's 1980-81 budget to the City's General Fund. Councilman Miller requested that this item be held over unit1 next week in order to give the rest of the Council time to study the document. City Manager Kelmar stated when the acquisition of the water rights was made it was indicated that the acquisition costs, approximately $900,000, would be repaid to the City through the Agricultural Water operations, when funds became available. This is the first year funds have become available to begin repaying the City. Councilman Means asked if it the Water Board to spend funds. is on requires Council action for City Manager Kelmar stated the Agricultural Water budget approved by the City Council and payments that are made appear the Voucher Register that is given to the Council every week. Councilman Means questioned actions that are taken by the Water Board independent of the entire Council. Bakersfield, California, January 28, 1981 - Page 5 City Manager Kelmar stated the Water Board only takes actions allowed in the ordinance that established the Board. After discussion, Councilman Barton withdrew his motion until the next Council Meeting in order to allow the Council more time to study the history of the water acquisition and the reason these funds are being repaid. Councilman Strong requested that the City Attorney furnish the entire Council copies of the Ordinance establishing the Water Board, with an explanation of the powers given it, and advise the Council of any action necessary to revert some of those powers back to the entire Council. Councilman Payne requested that the City Attorney also research the minutes of Council Meetings that led to the adoption of the Ordinance establishing the Water Board; and which Council- men voted for and against it; and copies of these minutes be furnished to the entire Council. Councilman Payne also requested a copy of the minutes showing which Councilmen voted to appoint the present members of the Water and City Growth Committee (by virtue of ordinance they are also members of the Water Board). REPORTS Councilman Christensen, member of the Governmental Efficiency and Personnel Committee, read Report No. l-S1 regarding Reclassification of Accountant I position to Financial Investigator, as follows: Due to the recent retirement of the City's Accountant I, the Finance Operations Manager has requested that this classification be changed to Financial Investigator. This new classification would investigate delinquent business tax accounts, room taxes, and accounts receivable as well as searching for unlicensed businesses, follow up on City damage claims, and other job related work which better fits the needs of the Finance Department. The Governmental Efficiency and Personnel Committee has discussed this request with the staff and based on the City's needs and a potential savings of $4,650 annually, we are Bakersfield, California, January 28, 1981 - Page 6 159 recommending Council approval as follows: Reclassify Accountant I to Financia~ Investigator at a monthly salary range of $1,073 to $1,304. In order to implement recommend adoption of the salary resolution fications. this report, we also the attached change in and attached job speci- Councilman Christensen, member of the Governmental Efficiency and Personnel Committee, read Report No. 2-81 regarding Change Police Lab Technician from Police Unit to White Collar Unit, as follows: Last year the Police Civil Service Commission at the request of the Chief of Police enacted a new concept in the Police Department uti- lizing a non-safety employee as a Police Lab Technician. This change will result in more stability within the Police Lab and will also result in an overall savings to the City. Testing has been completed and the new employee is presently working in this capacity, however, the classification was inadvertently left in the Police Unit. Since the pay and fringe benefits are different and the Police Unit is for safety employees only, the Governmental Efficiency and Personnel Committee is recom- mending Council approval of the following: Transfer the classification of Police Lab Technician from the Police Unit to the White Collar Unit. Upon a motion by Councilman Christensen, Governmental Efficiency and Personnel Committee Reports No. 1-81 regarding Reclassification of Accountant I to Financial Investigator and 2-81 regarding Change Police Lab Technician from Police Unit to White Collar Unit, were accepted; and recommendations as outlined in the reports, were approved. Adoption of Resolution No. 3-81 of the Council of the City of Bakers- field amending Resolution No. 42-80, setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Christensen, Resolution No. 3-81 of the Council of the City of Bakersfield amending Resolution No. 42-80, setting salaries and related benefits for Officers and Bakersfield, California, January 28, 1981 - Page 7 Employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None Councilman Payne, member of the Governmental Efficiency and Personnel Committee, read Report No. 3-81 regarding Contract with Shaffer Psychological Institute for Police Candidate Screening, as follows: Two weeks ago the City Council received a request from the Police Civil Service Com- mission for funds to enter into a contract with Shaffer Psychological Institute in order to better screen candidates for the entry level Police Officer position. The Governmental Efficiency and Personnel Committee has studied this request and we are in concurrence with the Commission as to the need for this program. For the past five years the Police applicants have undergone a written pyschological examination known as the Minnesota Multiphasic Psychological Inventory (MMPI), the results of which have been challenged to the point that the Commission no longer feels comfortable in defending their position. As a result they have contacted Dr. Stuart Shaffer, who presently is doing the psychological screening of Police Officer candidates for the City of Los Angeles as well as several other Southern California cities. Dr. Shaffer has submitted a proposal to the City which calls for a one year contract at Fourteen Hundred dollars per month, and would include an in- depth job analysis and the screening of all applicants through written exams and face to face interviewing. The first year of this program will cost $16,800, however, included in this is $10,000 for the job analysis. If the program is continued into future years, the costs would be reduced considerably. After a thorough review of this request the Governmental Efficiency and Personnel Committee is recommending Council approval of the attached contract with Shaffer Psychological Institute, the transfer of $16,800 from the Council's Contingency Account to Account 4100 of the Personnel Budget and authorize the Mayor to execute the contract. Bakersfield, California, January 28, 1981 - Page 8 Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 3-81 regarding Contract with Shaffer Psychological Institute for Police Candidate Screening, was accepted; Contract with Shaffer Psychological Institute, was approved and the Mayor was authorized to execute same; and Budget Transfer from the Council's Contingency Account to Account No. 4100 of Personnel's budget, in the amount of $16,800, was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4357 to 4784, inclusive, in the amount of 91,045,930.66. (b) Claim for Damages from Tamara Alvidrez, 2517 Garvey Avenue, Corcoran, California. (Refer to City Attorney) (c) Claim for Damages from Cheatham C. Thomas. (Refer to City Attorney) (d) Application to Present Late Claim and Claim for Damages from Donald Peck on behalf of Bakersfield Associates, Ltd., 1430 Truxtun Avenue, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Tammy Barron, 4217 Christmas Tree Lane, Bakersfield. (Refer to City Attorney) (f) Claim for Personal Injuries from Julie Lynn Duggan, 6009 Ashwood, Bakersfield. (Refer to City Attorney) (g) Claim for Damages and Personal Injuries from Norma Barron on behalf of her daughter Dewanna Barron, c/o DonnaLee Mendez, Attorney at Law, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) (h) Claim for Damages from Jerry Whirworth 2805 Cornell Street, Bakersfield. (Refer to City Attorney) (i) Street Right-of-Way Deed from Regional Mortgage Company for additional dedication of Maybrook Avenue, Summerfield Drive, Panama Lane, Stine Road and Alley between Panama Lane and Maybrook Avenue, as required by the Planning Commission for Parcel Map No. 5702, located at southeast corner of Maybrook Avenue and Summerfield Drive. Bakersfield, California, January 28, 1981 - Page 9 (J) (k) (1) (m) (n) (o) (P) (q) Map of Tract No. 4193 and Improvement Agreement with Regional Mortgage Company for construction of improvements therein, located north of White Lane, east of ttughes Lane. Map of Tract No. 4277, Units l, 2, 3 & 4, and Improvement Agreements with Tenneco Realty Development Corporation for construction of improvements therein, located between White Lane and South Laurelglen Boulevard, west of Lily Drive. Map of Tract No. 4417 and Improvement Agreement with Lencioni, Altergott and Yates Investments for construction of improvements therein, located north and east of the intersection of Lennox Avenue and Business Park South. Improvement Agreement for Parcel Map No. 5702 with Regional Mortgage Company for construction of improvements therein, located at southwest corner of Maybrook Avenue and Summerfield Drive. Improvement Agreement for Parcel Map No. 5715 with Tenneco Realty Development Corporation for construction of improve- ments therein, located between Lennox Avenue and Mohawk Street, west of California Avenue. Notices of Completion and Acceptance of Work for: Tract No. 4192, Contract No. 80-166 with Regional Mortgage Company, located at McCourry Street and Teal Street. Tract No. 3828 B, Contract No. 79-114 with Loma Vista Construction, located at Fairview Road and South "H" Street. Parcel Map No. 5714, Contract No. 80-171 with Tenneco Realty Development Corporation, located at Dunsmuir Street and Business Center Drive. Application for Encroachment Permit from Theron J. Oaks, 3004 Cornell Street, for construction of a 5 foot high chain link fence along back of sidewalk at 3004 Cornell Street. Application for Encroachment Permit from Paul S. Conde, 607 Monterey Street, for construction of a 4 foot high brick and wrought iron fence along back of sidewalk at 607 Monterey Street. Bakers£ield, California, January 28, 1981 - Page 10 163 (r) (s) (t) (u) (v) (w) (x) (y) (z) Application for Encroachment Permit from Nick Novak, 3600 Bucknell Street, for construction of a 24 inch high retaining wall along back of sidewalk at 3600 Bucknell Street. Public Works Department recommends approval of the application with the condition that the wall be kept 4 feet clear of the fire hydrant. Application for Encroachment Permit from James A. Shropshire, 3524 Bucknell Street, for construction of a 24 inch high retaining wall along back of sidewalk at 3524 Bucknell Street. Public Works Depart- ment recommends approval of the application with the condition that the wall be kept 4 feet clear of the fire hydrant. Application for Encroachment Permit from Ted Kaplan, 1530 - 19th Street, for construction of folding gates across the front of entryway at 1530 - 19th Street. Application for Encroachment Permit from Mercy Hospital, 2215 Truxtun Avenue, for construction of an exterior wall for the newly constructed Nursing Tower which extends 1.8 feet into the right-of-way along Truxtun Avenue. The building was inadvertently constructed within the right-of-way and it is not practical to relocate the building. Plans and Specifications for improvements on Auburn Street between Piper Way and Fairfax Road. Plans and Specifications for installation of telephone conduits, water lines and drains for the South Wing Addition to City Hall. Plans and Specifications for Phase II of South Wing Addition to City Hall. Contract Change Order No. 7 to Contract No. 80-48 with Granite Construction Company for the Truxtun Avenue Extension, Phase II, FAU Project No. M-F 252(1). This Change Order will provide future water service by the City of Bakersfield along the Truxtun Avenue Extension area. Funds are available from the Domestic Water Department Account No. 69-180-2910 for this work and the contract cost will be increased by $4,654.08. Total project cost, including this Change Order, is $2,952,524.87. Resolution of Intention No. 948 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of a 30 foot Alley in Tract 3915 between Auburn Oaks Drive and Auburn Street east of Fairfax, in the City of Bakersfield, and setting Wednesday, February 18, 1981, for hearing on the matter before the Council. 164 Bakersfield, California, January 28, 1981 - Page 11 (aa) Request from Borge Hansen, 1612 Hughes Lane, for closing of an easement located in alley north of ~ing Avenue, west of Hughes Lane. (Refer to Planning Commission for study and recommendation) (bb) Request from Kamwil, Inc., for reinstate- ment of a request to amend the General Plan for commercial use of property located on the southwest corner of Frazer Road and proposed Old River Road. (Request for reinstatement granted and referred to Planning Commission for study and recommendation) Upon a motion by Councilman Miller, 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) and (bb) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Christensen, low bids of Target Chemical, in the amount of $509.06, and Abate-A-Weed, in the amount of $4,164.64, for Chemicals for the Parks Department, were accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Genkev Construction, in the amount of $57,200, for the Kern River Canal Spreading Ground Turnout Structure, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Alcorn Fence Company, in the amount of $13,297, for installation of Fence on Carrier Canal, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2617 New Series of the Council of the City of Bakersfield amending Section 3.18.010 of Chapter 3.18 relative to setting the compensation to be paid to members of Planning and Civil Service Com- missions of the City of Bakersfield. Bakersfield, California, January 28, 1981 - Page 12 Upon a motion by Councilman Payne, Ordinance No. 2617 New Series of the Council of the City of Bakersfield amending Section 3.18.010 of Chapter 3.18 relative to setting the compen- sation to be paid to members of Planning and Civil Service Commissions of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne Noes: Councilman Ratty Absent: None Adoption of Ordinance No. 2618 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 4417 Wilson Road. The application for this amendment was made by Michael A. Moss and would change subject property from an R-1 (One Family Dwelling) Zone to a C-O-D (Commercial and Professional Office - Architectural Design) Zone. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2618 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 4417 Wilson Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None Adoption of Ordinance No. 2619 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Hughes Lane, approxi- mately 425 feet north of Bea Court. Bakersfield, California, January 28, 1981 - Page 13 The application for this amendment was made by Harold R. Clark and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2619 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Hughes Lane, approximately 425 feet north of Bea Court, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None Adoption of Ordinance No. 2620 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 northwest corner of Panama Lane and Wible Road. The application for this amendment was made by Regional Mortgage Company and would change subject properties from an MH (Mobilehome) Zone to an R-1 (One Family Dwelling) and R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zones, and from an R-1 (One Family Dwelling) Zone to a C-1-D (Limited Commercial - Architectural Design) and R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zones. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2620 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 northwest corner o£ Panama Lane and Wible Road, Bakersfield, California, January 28, 1981 - Page 14 finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen Means, Miller, Payne Adoption of Ordinance No. 2621 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 northeast and southeast corners of the future extensions of Panorama Drive and Morning Drive. After a public hearing held January 14, 1981, the Council voted to overturn the decision of the Planning Commission and grant the applicants request for a zone change from an "A" (Agricultural) Zone to a C-1-D (Limited Commercial - Architectural Design) Zone. Upon a motion by Councilman Miller, Ordinance No. 2621 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 north- east and southeast corners of the future extensions of Panorama Drive and Morning Drive, finding said zoning consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None NEW BUSINESS Approval of Agreement with California Water Service Company for upgrading existing fire system on DeWolf Street and South Williams Street. As part of the Neighborhood Revitalization activities in the southeast portion of the City, upgrading of the fire protection system is an integral segment. This agreement will enable Cal Water to extend the water system at two locations: 1) DeWolf Street Noes: None Absent: None Bakersfield, California, January 28, 1981 - Page 15 between South Williams and South Haley Street; and 2) South Williams Street between Potomac and DeWolf Streets. Because the upgrading is to be made to California Water Service Company's system, it is requested that the normal bidding procedure be waived. The Engineer's estimate is $22,770, which is within the amount allocated as part of the Community Development Block Grant Program for this project. Upon a motion by Councilman Strong, usual bidding require- ments were dispensed with and Agreement with California Water Service Company for upgrading existing fire system on DeWolf Street and South Williams Street, was approved and the Mayor was authorized to execute same. Approval of Agreement with California Water Service Company for upgrading existing fire system on South Owens Street. As part of the Neighborhood Revitalization activities in the southeast portion of the City, upgrading the fire protection system is an integral segment. This agreement will enable Ca1 Water to extend the water system on South Owens Street between Potomac Drive and East 10th Street. Because the upgrading is to be made to California Water Service Company's system, it is reques~;ed that the normal bidding procedure be waived. The Engineer's estimate is $13,533, which is within the amount allocated as part of the Community Development Block Grant Program for this project. Upon a motion by Councilman Strong, usual bidding require- ments were dispensed with and Agreement with California Water Service Company for upgrading existing fire system on South Owens Street, was approved and the Mayor was authorized to execute same. Approval of Agreement with California Housing Finance Agency for partici- pation in the Home Ownership Home Improvement Loan Program including the Rental Housing Program. On December 17, 1980, the City Council approved the continuation of the Local Government Agreement with California Bakersfield, California, January 28, 1981 - Page 16 Housing Finance Agency (CHFA) to implement the Home Ownership Home Improvement Program. On January 13, 1981, CHFA subsequently required that Part II of the agreement, designating the geographic boundaries of the program, also be executed. This will keep the same target area as that of last year's CHFA Program. Upon a motion by Councilman Strong, Agreement with California Housing Finance Agency for participation in the Home Ownership Home Improvement Loan Program including the Rental Housing Program, was approved, the Mayor was authorized to execute same and the staff was authorized to implement. Amendment to Agreement No. 80-85 between John Carollo Engineers/Quad Consultants, Inc., and the City of Bakersfield. Agreement No. 80-85 provided the terms and conditions for the Consultant to provide the City with a Step I Facilities Plan Report for Wastewater Treatment Plant No. 3, consisting of a Technical Report, an Environmental Impact Report and a Preliminary Financial Plan and Revenue Program. In addition to the scope of work outlined in the agreement, the staff has also requested that the Consultant provide the City with a report on a plan for Interim Treatment Facilities and to provide a detailed Revenue Program out- lining alternative funding for the Plant No. 3 Expansion Program. The Consultant's cost estimate of the increased scope of work is $5,500. The staff has evaluated this request approval of the increase. Funds are available in the Sewer Bond Account for this increase. Upon a motion by Councilman Payne, Amendment to Agreement No. 80-85 between John Carollo Engineers/Quad Consultants, Inc., and the City of Bakersfield providing the City with a report on a plan for Interim Treatment Facilities and detailed Revenue Program outlining alternative funding for the Plant No. 3 Expansion Program, was approved and the Mayor was authorized to execute same. and recommends Southwest '170 Bakersfield, California, January 28, 1981 - Page 17 Approval of Contract Change Order No. i to Contract No. 80-18 with Wallace and Smith Contractors for Water Department Office Addition. This Change Order deletes several minor items in the contract and authorizes a substitution in the air conditioning and heating unit specified in the contract. The specified unit could not be provided due to the manufacturer going into bank- ruptcy during the course of the project. This substitution required extensive roof framing changes and a more costly unit. The changes result in a cost increase of $4,495. Sufficient funds are available in the Water Department budget for this work. A time extension of 131 days is required due to the delay in delivery of the new air conditioning unit, setting a new completion date of January 28, 1981. Upon a motion by Councilman Ratty, Contract Change Order No. 1 to Contract No. 80-18 with Wallace and Smith Contractors for Water Department Office Addition, was approved. Approval of Agreement with Mini-Ware- house Investment Properties, Inc., for purchase of Mini-Warehouse property located at southwest corner of Truxtun Avenue and Oak Street. This is the final parcel of land necessary for the Truxtun Avenue street widening and extension project. The agree- ment sets forth the terms of the purchase by the City for the right-of-way. The sellers have already executed a grant deed to the City in anticipation of the acceptance of the agreement. The cost to the City for the purchase is the appraised value of $27,941, and is budgeted in the project funding. Upon a motion by Councilman Ratty, Agreement with Mini- Warehouse Investment Properties, Inc., for the purchase of a portion of the Mini-Warehouse property located at the southwest corner of Truxtun Avenue and Oak Street, was approved;the Mayor was authorize,~ to execute same. Bakersfield, California, January 28, 1981 - Page 18 t71 Acceptance of Grant Deed from Mini- Warehouse Investment Properties, Inc., to the City of Bakersfield for final parcel of property necessary for the Truxtun Avenue widening and extension project. Upon a motion by Councilman Ratty, Grant Deed from Mini- Warehouse Investment Properties, Inc., to the City of Bakersfield for final parcel of property necessary for the Truxtun Avenue widening and extension project, was accepted. HEARINGS This is the time set for public hearing before the Council for the purpose of hearing a petition to revert to acreage subdivided real property consisting of Lots 1 through 18, both inclusive, in Block 1 of Tract No. 1472, located north of 30th Street between "F" and "H" Streets. This hearing has been duly advertised. Mayor Shell declared the hearing open for public partici- pation. Mr. Bob Ridgewood, representing Clement, Millazo Archi- tects, requested approval of this request. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 4-81 of the Council of the City of Bakersfield approving reversion to acreage of Lots One through Eighteen, both inclusive, in Block One of Tract No. 1472, City of Bakersfield, upon making specified findings, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None This is the time set for public hearing before the Council for the purpose of receiving input from interested persons or Bakersfield, Cali£ornia, January 28, 1981 - Page affected organizations concerning increases in fees the City charges for processing of various applications for Zone Changes, General Plan Amendments, Conditional Use Permits, Subdivision Maps, etc. reflect ments. This hearing has been duly advertised and interested persons or affected organizations have been notified. The City staff conducted a cost-revenue study for the processing of various City applications to establish fees which the actual cost incurred by all participating City depart- The Budget Review and Finance Committee reviewed the proposed fee schedule and directed staff to submit to local developers, groups and organizations involved in development activities within the City, which was done. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received and no one wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. City Attorney Oberholzer informed the Council that the original fee proposed for processing Final Parcel Maps was $130.00. The actual cost to the City proved to be $85.00 and the fee schedule was changed to $85.00 plus $5.00 per lot to make it con- sistent with services rendered. Upon a motion by Councilman Means, Resolution No. 5-81 of the Council of the City of Bakersfield increasing Planning Department Processing Fees, was adopted by the following roll call vote: Ayes: Noes: Absent: support a move to declare the position held by Bill Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne None None Councilman Strong asked Councilman Ratty if he would Carter on the Bakersfield, California, January 28, 1981 - Page 20 Board of the Golden Empire Transit District vacant until the Council makes up its mind about an appointment. Councilman Ratty stated he has no trouble with Mr. Carter that Board until the Council either reappoints or re- serving on places him. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:25 P.M. ATTEST: CITY CLERK~~a d ~Ex fic~k of the Council of the City of Bakersfield, California ma Calif. Bakersfield, California, February 4, 1981 Minutes of a regular meeking of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 4, 1981. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Edward Bell of St. Paul's Christian Methodist Episcopal Church. The City Clerk called the roll as follows: Present: Mayor Shell. Absent: None Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Minutes of the regular meeting of January 28, 1981 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from the Department of Housing and Urban Development, dated January 27, 1981, notifying the City their application for an Urban Development Action Grant (UDAG) for the Downtown Shopping Mall was not approved and is being held over for further consideration during the first calendar quarter of ~981, was received, ordered placed on file and a copy forwarded to the Redevelopment Agency. Upon a motion by Councilman Ratty, communication from Southern California Edison Company, dated January 29, 1981, re- garding Tract No. 4442, was received and referred to the Public Works Department. COUNCIL STATEMENTS Councilman Christensen stated he has thoroughly studied the ordinance establishing the Water Board and related materials; and would like to have the following powers removed from that Board: 1. Sell water 2. Set water rates 3. Enter into water contracts 4. Collect income 5. Transfer funds 6. Approve expansion 7. Repair water systems 8. Anything pertaining to Water Board duties or powers without the consent of the full Council. Bakersfield, California, February 4, 1981 - Page 2 '175 Councilman Christensen made a motion that first reading be considered given an Ordinance of the Council of the City of Bakersfield repealing Chapter 1.30 of the Municipal Code of the City of Bakersfield relative to the City of Bakersfield Water Board. Councilman Barton stated he felt Councilman Christensen's motion is premature and suggested that it be withdrawn until after tomorrow night's Workshop Session on Water Matters. If, after that the Council still wants to abolish or limit the powers of the Water Board it can be done at the next Council Meeting. During a lengthy discussion Councilman Payne offered a substitute motion that this be considered first reading of an Ordinance repealing the Ordinance establishing the Water Board and public notice be given on all Council committee meetings so everyone can participate in the decision making process. During discussion Councilman Ratty stated he would like to resign from the Board and that Councilmen Christensen and Strong be appointed to that Board so they can get in on the act. Councilman Miller made a motion to divide the question. This motion failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Councilmen Barton, None Christensen, Miller Means, Payne, Ratty Councilman Payne's substitute motion that first reading be considered given an Ordinance repealing the Ordinance establishing the Water Board and public notice be given on all Council committee meetings so everyone can participate in the decision making process, failed to carry by the following roll call vote Ayes: Noes: Absent: Councilmen Barton, Payne, Ratty Councilmen Strong, Christensen, None Means, Miller 176 Bakersfield, California, February 4, 1981 - Page 3 Councilman Miller requested that the record show he voted no on the substitute motion, but he is not opposed to the public having access to the committee system. Councilman Christensen's motion that first reading be considered given an Ordinance of the Council of the City of Bakers- field repealing Chapter 1.30 of the Municipal Code of the City of Bakersfield relative to the City of Bakersfield Water Board, carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Barton, Councilmen Payne, Ratty None Upon a motion by Councilman Ratty, Christensen, Means, Miller Mr. Bill D. Carter, 2612 Crest Drive, was reappointed to the Board of the Golden Empire Transit District,term expiring January 8, 1985, by the following roll call vote: Ayes: Councilmen Barton, Miller, Payne, Ratty Noes: Councilmen Strong, Christensen, Means Absent: None Councilman Payne made a motion to reappoint Mr. M. James Sughrue, Jr., Box 3007, to the Miscellaneous Departments Civil Service Board. Councilman Means made a motion to appoint Mr. Ray Geigle, 2513 Newport Lane, to the Miscellaneous Departments Civil Service Board. Councilman Strong, asked the City Attorney, under Mason's Manual of Legislative Procedure, if it was appropriate for each Councilman to call out the name of the person he supports when there are only two people nominated. Mayor Shell declared a brief recess at 9:20 P.M. and reconvened the meeting at 9:27 P.M. City Attorney Oberholzer quoted Section 552, Subsection 4, of Mason's Legislative Manual, as follows: Bakersfield, California, February 4, 1981 - Page 4 :177 "When the vote is viva voce or by division, the candidates are to be treated in the same manner as alternative propositions and their names are to be submitted to vote in the order in which they were nominated, and when more than one person is to be elected, the names are put in the order of nomination until the requisite number receive a majority vote and are declared elected." Geigle. Councilman Means withdrew his nomination of Mr. Ray Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None Councilman Christensen reminded the Council that nothing has been done with the Bakersfield Art Commission's request of June, 1980, for funds to install a vault in the Cunningham Art Gallery that was referred to the Intergovernmental Relations Committee for discussions with the County of Kern and a recommenda- tion back to the Council prior to the August, 1980, deadline. Director of Public Works Hawley outlined what has happened with that request since the meeting in June, 1980, and stated the Art Commission plans to submit another letter within a week, to be considered during this year's budget deliberations, requesting funds Councilman Payne's motion to reappoint Mr. M. James Jr., Box 3007, to the Miscellaneous Departments Civil 31, 1984, carried by the to install the vault. Councilman Strong, REPORTS Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 4-81 regarding Change Job Specifications for Director of Fire and Development Services and Assistant City Manager, as follows: For quite sometime it has been apparent that the job responsibilities of the Director of Fire and Development Services have been too Sughrue, Service Board, term expiring December following roll call vote: Ayes: Bakersfield, California, February 4, 1981 - Page 5 broad for a proper span of control. Two years ago, the Fire Chief assumed the job responsi- bilities for managing the Fire Department, Building Department, Planning Department, Redevelopment, Community Development, and Domestic Water which was subsequently trans- ferred to Public Works. This organizational structure appeared to function efficiently, however, it is now evident that changes need to be made. In an attempt to more evenly distribute job responsibilities among the various department heads, the City Manager recently met with the Governmental Efficiency and Personnel Committee to discuss a reorganizational plan. He has proposed that the management responsibilities for Community Development and Redevelopment be shifted from the Director of Fire and Develop- ment Services to the Assistant City Manager in charge of Personnel. This Committee has studied the Manager's proposal and we are in agreement with him. We are therefore recommending Council approval of the changes in the attached job specifications for these two classifications. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 4-81 regarding Change Job Speci~- fications for Director of Fire and Development Services and Assistant City Manager, was accepted; and recommendations as out- lined in the report, were approved. CONSENT CALENDAR The (a) (b) following items were listed on the Consent Allowance of Claims Nos. 4785 to 4923, inclusive, in the amount of $585,062.25. Claim for Damages from David R. Lopez, 3201 River Boulevard, Bakersfield. (Refer to City Attorney) Calendar: (c) Claim for Damages from Kenneth Moland, 1114 Potomac Avenue, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Mr. & Mrs. K. P. Stevens, 3105 River Boulevard, Bakersfield. (Re£er to City Attorney) (e) Map of Tract No. 4302 being developed by Deeter Construction, Inc., located east of Columbus Street between Oswell Street and Darwin Street. (f) Application for Encroachment Permit from Nickel Enterprises, 6200 Lake Ming Road, for construction of a sign to be placed 20 feet behind flowline of curb on south- east corner of Alfred Harrell Highway and Lake Ming Road. Bakersfield, California, February 4, 1981 - Page 6 179 (g) Contract Change Order No. 8 to Contract No. 80-48 with Granite Construction Co., for the Truxtun Avenue Extension, Phase II, FAU Project No. M-F 252(1). This Change Order is necessary to provide for a retaining wall around access opening of the equestrian tunnel, installation of 225 L.F. of gutter at bridge decks, installation of pump pedestals at the Truxtun Avenue underpass pump station and deletion o£ 420 feet of sidewalk. This Change Order increases the contract cost $2,734 and funds are available in the project account. (h) Contract Change Order No. 1 to Contract No. 78-22 with Jim Al£ter for construction of curb and gutter on various streets in the Mayflower-Sunset Tract, E.D.A. Project No. 07-51-22588. This Change Order re- presents the dif£erence between the actual field measured quantities and the esti- mated quantities of the contract and is necessary to fulfill the requirements of the final audit by E.D.A. This Change was funded from Economic Development Funds and increases the project cost from $375,530.00 to $394,662.12. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, ~iller, Payne, Ratty Noes: None Absent: None NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 2.04.010 of the Municipal Code by adding Regular Workshop Meetings of the City Council. This ordinance is recommended by the City Manager in order to provide the Council with information on matters which will be presented at future Council Meetings. City Manager Kelmar stated this ordinance will be a method whereby the staff can provide information to the Council regarding future agenda items that might be complex and require a great deal of background information. This will give the Council Bakersfield, California, February 4, 1981 - Page an opportunity to ask questions and request additional information.. The face of the agenda wil~ show Pre-Meeting Workshop at 7:00 P.M., if there are items to be discussed. If there are no items then the agenda will so indicate and the Council will know whether to be here at 7:00 P.M. or not. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 2.04.010 of the Municipal Code by adding Regular Workshop Meetings of the City Council. 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 1913 and 1917 Wilson Road. The application for this amendment was made by Leo J. Wilson and would change subject properties from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. The Planning Commission recommended approval with the application of the "D" Design Overlay. 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 o£ those certain properties in the City of Bakersfield commonly known as 1913 and 1917 Wilson Road. First reading o£ 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 south of White Lane, north of the Southern Pacific Railroad Right-of-Way, between Gosford Road and Ashe Road. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an "A" (Agricultural) Zone to an ~-i-D (Light Manufacturing - Architectural Design) and M-2-D (General Manufacturing - Archi- tectural Design) Zones. The Planning Commission recommended approw~l. Bakersfield, California, February 4, 1981 - Page 8 City of Bakersfield located south of White Lane, Southern Pacific Railroad Right-of-Way, between Ashe Road. 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 north of the Gosford Road and First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 2004 Brundage Lane, subject to the speci- fied condition precedent. Dareshori Dwelling) The application for this amendment was made by Charlotte Family and would change subject property from an R-3 (Limited Multiple/ Zone to a C-1-D (Limited Commercial - Architectural Design) Zone. The Planning Commission recommended approval. 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 commonly known as 2004 Brundage Lane, subject to the specified condition precedent. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as College No. 3 Annexation. This amendment will zone upon annexation that certain property in the County of Kern located easterly of Valencia Drive, between College Avenue on the north, and East Niles Street on the south, to an R-1 (One Family Dwelling), R-1-CH (One Family Dwelling - Church), R-2-D-CH (Limited Multiple Family Dwelling - Architectural Design Church) and R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zones. The Planning Commission recommended approval. Bakersfield, California, February 4, 1981 - Page 9 Ayes: Noes: None Absent: None First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as College No. 3 Annexation. Adoption of Resolution No. 6-81 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. 283, LAFCO Pro- ceeding No. 750 (Stockdale No. 12). The Stockdale No. 12 Annexation cannot be finalized until[ there is a negotiated exchange of Property Tax Revenues between the City and County. The County has agreed, by resolution, to the exchange of Property Tax Revenues and the annexation will be com- pleted upon the City's acceptance as provided in this resolution. Upon a motion by Councilman Christensen, Resolution No. 6-81 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. 283, LAFCO Proceeding No. 750 (Stockdale No. 12), was adopted by the following roll call vote: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Approval of Amendment to Agreement No. 80-201 between the City of Bakersfield and Diametrics and Quad Consultants for Cost Revenue Study. Diametrics and Quad Consultants are requesting the con- tract be extended for 60 days to compensate for the lapse between the Council's authorization of July 30th and the actual execution date o£ the contract or October 3, 1980. Upon a motion by Councilman Means, Amendment to Agree- ment No. 80-201 between the City of Bakersfield and Diametrics and Quad Consultants for Cost Revenue Study, was approved and the Mayor was authorized to execute same. Bakersfield, California, February 4, 1981 - Page l0 Approval of Amendment No. 3 to Agree- ment No. 80-150 between the City of Bakersfield, County of Kern and Gage- Babcock & Associates, Inc., for Professional Engineering Services for a Fire Station Location and Service Study. This amendment extends the completion date to May 31, 1981 or approximately 90 days. Upon a motion by Councilman Barton, Amendment No. 3 to Agreement No. 80-150 between the City of Bakersfield, County of Kern and Gage-Babcock & Associates, Inc., for Professional Engineering Services for a Fire Station Location and Service Study, was approved and the Mayor was authorized to execute same. De£erral of Negative Declaration for proposed amendments and contracts as necessary to implement Water Agree- ment No. 77-07 W.B. between the City of Bakersfield and Olcese Water District. On November 9, 1977, the City entered into an agreement with Olcese Water District for conjunctive use of Kern River Water. The initial agreement was amended June 27, 1978, and it is now proposed to include those contracts as necessary to permit other parties to spread and recover water on the City's 2,800 acre water spreading facility, located westerly of Renfro Road along the Kern River to State Route I-5. Staff has completed the environmental assessment process and has determined that no significant adverse environmental effects will result by executing the agreements. Mary Collup, Manager of Rosedale-Rio-Bravo Water District, requested a two week delay in acting upon the Negative Declaration for proposed amendments and contracts as necessary to implement Water Agreement No. 77-07 W.B. between the City and Olcese Water District. Upon a motion by Councilman Miller, action on Negative Declaration for proposed amendments and contracts as necessary to implement Water Agreement No. 77-07 W.B. between the City of Bakers- field and Olcese Water District, was deferred until the Council Meeting of February ~8, 1981. Bakersfield, California, February 4, 1981 - Page HEARINGS This is the time set for public hearing before the Council for hearing report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing protests or objections thereto. This hearing has been duly advertised and the property owners have been notified as required by law. Building Director Bidwell outlined the Dangerous Building demolition program. Mayor Shell declared the hearing open for public partici- pation. Mr. John Lewis, 2416 "N" Street, owner of property at 1521 - 9th Street, objected to the $875.00 City assessment for demolishing the structure on his property because he had this done after receiving notification from the City and was charged $600.00. 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 Christensen, in order to clear up the matter of the Assessment on Mr. Lewis' property at 1521 - 9th Street, action on Resolution of the Council of the City of Bakersfield confirming the Report of the Building Director Re Assessments of certain properties in the City for demolition of Dangerous Buildings, was held over until the Council Meeting of February 18, 1981. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:10 P.M. MAYOR of thyCity of qBakersfield, ATTEST: /~ CITY CLERK a~d E'X/off~icio Clerk of the Council of the City of Bikersfield, California Calif. ma Bakersfield, California, February 11, 1981 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 11, 1981. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance and a minute of silent prayer. Present: Mayor Shell. Absent: None The City Clerk called the rol~ as Councilmen Barton, Miller, follows: followed Christensen, Means, Payne, Ratty, Strong CORRESPONDENCE Upon a motion by Councilman Miller, communication from the Bakersfield Art Commission, dated February 3, 1981, requesting that funds for the construction of a vault in the Cunningham Art Gallery be considered during budget studies, was received and referred to the Intergovernmental Relations Committee for study and recommendation. Upon a motion by Councilman Payne, communication from the Rosedale - Rio-Bravo Water Storage District, dated February 4, 1981, requesting that any determination on the Negative Declaration regarding implementation of agreements between Olcese Water District and the City be postponed until the Rosedale - Rio-Bravo Water Storage District has had an opportunity to review the matter and make comments, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from the American Youth Soccer Organization, dated February 9, 1981, requesting a meeting with the City's representatives re- garding a development plan for the ~evel, finished area of the Landfill north of Panorama Drive, was received and referred to the Auditorium-Recreation Committee. Mayor Shell played a record that was submitted to her from Mike Berry entitled "Bakersfield People" by Doug Salma. Upon a motion by Councilman Strong, communication from Mike Berry submitting a record entitled "Bakersfield People," was Bakersfield, California, February 11, 1981 - Page 2 potration. contact the is needed. received, ordered placed on file and the Mayor was requested to write a letter to Mr. Salma, through his representative Mr. Berry, expressing the Council's appreciation for his efforts. COUNCIL STATEMENTS Upon a motion by Councilman Means, the Mayor was requested to send a letter of commendation on behalf of the Council to Mr. Jeff Thompson who received the "Farmer of the Year" Award from the Jaycees. Councilman Miller requested a report on the recent sale of and future plans for the JLJ Apartments on Columbus Street. City Manager Kelmar stated for the fiscal year beginning July l, 1979 and ending June 30, 1980, the Fire Department responded to 48 calls and the Police Department received 608 calls for service from that location. The staff met with the new owners and they have some very significant plans for that apartment complex. They plan to spend a half million dollars rehabilitating the apartments, and are trying to get rid of the undesirable element that has been living there and as of last Friday it was 50% vacant. As a result of the rehabilitation the rents will probably be in- creased and a more thorough renter selection process maintained. There has been discussion about the apartment complex being made a senior citizen's complex since it is close to shopping and trans- Community Development personnel have been requested to owners and provide whatever assistance or information Councilman Payne stated that due to pending litigation he would not participate in the following matter. Councilman Miller asked if there is a possibility, with the new administration in Washington, D.C., that some of the Urban Development Action Grants (UDAG) would be terminated. City Manager Kelmar stated he would investigate and report back to the Council next week. Bakersfield, California, February ll, 1981 - Page 3 REPORTS Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 2-81 regarding Additional Audit Fees, as follows: As the Council will recall, the annual audit of the City's financial records for the fiscal year ending June 30, 1980 was awarded to the firm of Carpenter, Kuhn & Williams. However, the audit of the Bakersfield Redevelopment Agency for this period was awarded to the firm of Fox & Company by the Redevelopment Agency. Due to this situation, certain financial reporting and audit problems arose which were brought to the attention of this Committee by the City's auditors. It was pointed out that additional time would be required in meetings, research and audit work. The auditors are requesting an additional $1,750 and this Committee feels this request is justified. Therefore, we recommend payment and a transfer from the Council Contingency Account in the amount of $1,750. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 2-81 regarding Additional Audit Fees, was accepted; additional funds for the audit of the Redevelopment Agency by Fox & Company, in the amount of $1,750, was approved; and Budget Transfer from the Council Contingency Account to the appropriate account, in the amount of $1,750, was approved. Assistant City Manager-Personnel Russell reported that last week the City received a report from the Department of Housing and Urban Development (HUD), regarding recent monitoring of the City's Community Development Block Grant Program. One of the areas of concern, expressed by HUD, was the option to purchase a site for the Senior Citizen's Center. HUD would like to see some action in the next 30-45 days. Last July the Counci~ granted staff per- mission to look into possible site locations, contingent upon securing an agency to operate the center. Since that time staff has been working with K.C.E.O.C. and a possible agreement has been reached. The City Attorney is preparing a proposal, which will be submitted to the Intergovernmental Relations Committee. Staff would like to arrange a meeting with that committee this week or early next week, if possible. JRR Bakersfield, California, February ll, 1981 - Page 4 CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4924 to 5010, inclusive, in the amount of $177,360.38. (b) Claim for Damages from Peggy Douglas, 1431 East 19th Street, Bakersfield. (Refer to City Attorney) (¢) Claim for Damages and Personal Injuries from Nanette Baker, 2609 Walden Court, Bakersfield. (Refer to City Attorney) (d) Map of Tract No. 4265 and Improvement Agreement with Tenneco Realty Develop- ment Corporation for construction of improvements therein, located south of Truxtun Avenue between Gosford Road and Quailridge Drive. (e) Improvement Agreement for Parcel Map No. 5980 with D. M. Kitchen & Son, Inc., for construction of improvements therein, located on east side of Grissom Street, north of District Boulevard. (f) Application for Encroachment Permit from Regional Mortgage Company, 4000 Ming Avenue, for construction of a 6 foot high side yard fence along Planz Road at the northeast corner of Parkland Court and Planz Road. (g) Contract Change Order No. 3 to Contract No. 80-145 with Charles H. Miller for Service Door for Civic Auditorium. This Change Order is required because actual cost of work performed under Change Order No. I exceeded the amount estimated, and the work consisted of relocating an existing 6" fire support water line and constructing a roof drain. This Change Order increases the total cost of the contract to $31,401.27. The amount approved by the Council was $31,000. The remaining funds are available from savings in the James Street Sewer Project, Account No. 25-193-9994. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f) and (g) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Noes: None Absent: None Bakersfield, California, February ll, 1981 - Page 5 ACTION ON BIDS Upon a motion by Councilman Means, Supply for 35 items, Supply for ll items, Supply for 33 items, in the amount of $2,994.35, in the amount of $2,769.88, in the amount of $1,890.11, low bids of Hudson Odorite Janitor and San Joaquin for Janitorial Supplies (Annual Contract), were approved, all other bids rejected and the Mayor was authorized to execute the contracts. DEFERRED BUSINESS Adoption of Ordinance No. 2622 New Series of the Council of the City of Bakersfield repealing Chapter 1.30 of the Municipal Code of the City of Bakersfield, relative to the City of Bakersfield Water Board. Councilman Ratty stated he could not support a motion to adopt this ordinance because of the lack of interest on the part of four Councilmen at the last Workshop Session on Water matters. Upon a motion by Councilman Christensen, Ordinance No. 2622 New Series of the Council of the City of Bakersfield repealing Chapter 1.30 of the Municipal Code of the City of Bakersfield, relative to the City of Bakersfield Water Board, was adopted by the following roll call vote: Ayes: Noes: Councilmen Christensen, Means, Miller, Strong Councilmen Barton, Payne, Ratty Absent: None Adoption of Ordinance No. 2623 New Series of the Council of the City of Bakersfield amending Section 2.04.010 of the Municipal Code by adding Regular Workshop Meetings of the City Council. Upon a motion by Councilman Strong, Ordinance No. 2623 New Series of the Council of the City of Bakersfield amending Section 2.04.010 of the Municipal Code by adding Regular Workshop Meetings of the City Council, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Noes: None Absent: None Bakersfield, California, February 11, 1981 - Page 6 Adoption of Ordinance No. 2624 New Series amending Title Seventeen o£ 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 1913 and 1917 Wilson Road. This application for this amendment was made by Leo J. Wilson and would change subject properties from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. The Planning Commission recommended approval with the application of the "D" Design Overlay. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2624 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 1913 and 1917 Wilson Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Noes: None Absent: None Adoption of Ordinance No. 2625 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 south of White Lane, north of the Southern Pacific Railroad Right-of- Way, between Gosford Road and Ashe Road. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an "A" (Agricultural) Zone to an M-1-D (Light Manufacturing - Architectural Design) and M-2-D (General Manufacturing - Archi- tectural Design) Zones. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2625 New Series amending Title Seventeen of the Bakersfield, California, February 11, 1981 - Page ? Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of White Lane, north of the Southern Pacific Railroad Right- of-Way, between Gosford Road and Ashe Road, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Ratty, Noes: None Christensen, Means, Strong Miller, Payne, Absent: None Adoption of Ordinance No. 2626 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 2004 Brundage Lane, subject to the specified condition precedent. The application for this amendment was made by Charlotte Dareshori and would change subject property from an R-3 (Limited Multiple Family Dwelling) Zone to a C-1-D (Limited Commercial - Architectural Design) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2626 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 2004 Brundage Lane, subject to the specified condition precedent, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Noes: None Absent: None Adoption of Ordinance No. 2627 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakers- field, regarding property known as College No. 3 Annexation. Bakersfield, California, February 11, 1981 - Page 8 This ordinance zones upon annexation that certain property in the County of Kern located easterly of Valencia Drive, between College Avenue on the north and East Niles Street on the south, to an R-1 (One Family Dwelling), R-1-CH (One Family Dwelling - Church), R-2-D-CH (Limited Multiple Family Dwelling - Architectural Design - Church) and R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zon~s~ Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2627 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known.as College No. 3 Annexation, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong 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 commonly known as 918 through 1012 Brundage Lane (even only). The application for this amendment was made by Stanley A. Sundquist and would change subject property from an R-3 (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 918 through 1012 Brundage Lane (even only). Bakersfield, California, February ll, 1981 - Page 9 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 o£ Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 6800 Stockdale Highway; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Phil Van Horn and would change subject property from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone, and the Planning Commission recommended approval at their meeting of January 22, 1981. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 6800 Stockdale Highway; and making findings in connection with a P.U.D. Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties located on the southeast corner of Planz Road and Stine Road; approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by. Carver Development and would change subject properties from an "A" (Agricultural) Zone to a P.C.D. (Planned Commercial Development) Zone and the Planning Commission recommended approval at their meeting of January 22, 1981. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties located on the southeast corner of Planz Road and Stine Road; approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. Bakersfield, California, February ll, 1981 - Page l0 Adoption of Resolution No. 7-81 of the Council of the City of Bakers- field submitting an application to the State of California, Department of Health, for Permit to operate two additional wells in the Ashe Water System. Well No. 10 was recently purchased from Tenneco and is located on Gosford Road south of Ming Avenue. Well No. 11 is under construction and is located on Westwold Drive. This permit is a State Department of Health requirement in order to insure the quality of domestic water. Upon a motion by Councilman Payne, Resolution No. 7-81 of the Council of the City of Bakersfield submitting an application to the State of California, Department of Health, for Permit to operate two additional wells in the Ashe Water System, was adopted by the following roll call vote: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Approval of Second Amendment of Pipe Line License Agreement between the City of Bakersfield and Tosco Corporation for a relocated Tosco pipe line. This agreement, to be executed by the City as successor to properties acquired from Tenneco West, Inc., conforms the license agreement previously executed by Tenneco to the route of a relocated Tosco pipe line. Upon a motion by Councilman Payne, Second Amendment of Pipe Line License Agreement between the City of Bakersfield and Tosco Corporation for a relocated Tosco pipe line, was approved and the Mayor was authorized to execute same. HEARINGS This is the time set for public hearing before the Council on an Appeal by Ken Lifquist to the decision of the Board of Zoning Adjustment granting an application for a Conditional Use Ayes: Noes: None Absent: None Bakersfield, California, February ll, 1981 - Page 195 Permit to Howard W. Peterson to allow an expansion of an existing recreational facility; the expansion consisting of a batting practice range with 20 positions, an outdoor skating area, and a 6,200 square foot building containing game room and club house in a C-2 (Commercial) Zone, affecting that certain property located at 2100 White Lane. owners pation. This hearing has been duly advertised and the property have been notified as required by law. Mayor Shell declared the hearing open £or public partici- Mr. Ken Lifquist, Elmer Karpe Associates, stated they have reached an agreement with Mr. Peterson and read the following letter into the record: February 11, 1981 City Council City of Bakersfield 1501Truxtun Avenue Bakersfield, California 93301 Re: Modification of Batting Cage Gentlemen: The modification of the batting cage which meets with approval of owners of Tract 4192 and 4193 are as follows: That the chain link fence that is presently 20' in height along the south property line of this Tract be reduced to 12' in height, and that it be moved 10' south of the property line; that the 10' area between the batting cage and the property line be landscaped with trees to shield that improvement from the zero lot line single family residences in Tracts 4192 and 4193. Also, the net in the batting cage be installed along the chain link fence with enough distance to keep the balls that are batted from hitting the chain link fence. Also, that the block wall required along the skating area be 6' high and be installed along the property line and be on grade with Tract 4192 and that the chain link fence be built below grade of Tract 4192 at a level of about 2' to 3' below grade of Tracts 4192 and 4193. Sincerely, KAi{PE ASSOCIATES, REALTORS Ken Lifquist. Bakersfield, California, February ll, 1981 - Page 12 City Attorney Oberholzer stated the Board of Zoning Adjustment in approving the Conditional Use Permit included a condition that; the Planning staff through the Board of Zoning Adjustment would have the right to review the noise level generated by people using the batting range, skating area and club house facilities. If at some time they become a problem the Board of Zoning Adjustment will be able to take appropriate action. Mr. Howard W. Peterson stated they have resolved the problems and he agrees with the conditions. No protests or objections being received and no one wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Barton, Zoning Resolution No. 280 granting a Conditional Use Permit to allow an expansion of an existing recreational facility; the expansion consisting of a batting practice range with 20 positions, an outdoor skating area, and a 6,200 square foot building containing game room and club house on that certain property located at 2100 White Lane, with conditions as stipulated by the Board of Zoning Adjustment and Karpe Associates, Realtors, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong 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 8:45 P.M. MAYOR of the/City of ~B~k~rsfield, Calif. CITY CLERK and Ex of the Council of the City of Bakersfield, California ma Bakersfield, California, February 18, 1981 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 18, 1981. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance and a minute of silent prayer. Present: followed The City Clerk called the roll as follows: Mayor Shell. Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton dated January 31, 1981, for industrial use of South Chester Avenue, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Mayor Shell stated she has appointed Dr. Richard Bilas, 4200 Boise Street, #1A, to the Redevelopment Agency, replacing Robert E. King, and requested Council confirmation of the appoint- ment. Valley Steel Construction, 3304 Pierce Road, requesting an amendment to the General Plan property located on South Union Avenue near Absent: None Minutes of the regular meetings of February 4, 1981 and February ll, 1981, were approved as presented. CORRESPONDENCE Upon a motion by Councilman Payne, communication from Lawrence E. Guay, dated February 10, 1981, regarding Preliminary Feasibility Study, Parking Assessment District, Downtown Bakers- field, was received and referred to the Business Development and Parking Committee. Upon a motion by Councilman Christensen, communication from Zanotto Trading, Inc., 2920 "H" Street, Suite Z, dated February 14, 1981, regarding downtown parking, traffic and shopping mall, was received and referred to the Business Development and Parking Committee. Upon a motion by Councilman Barton, communication from Bakersfield, California, February 18, 1981 - Page 2 In answer to a question by Councilman Miller, City Attorney Oberholzer stated the California Redevelopment Law pro- vides that appointments to Redevelopment Agencys are made by the Mayor with confirmation by the legislative body. Councilman Ratty made a motion to confirm Mayor Shell's appointment of Dr. Richard Bilas to the Redevelopment Agency. Councilman Means stated he is not against the appoint- ment, but would like a two weeks delay in order to discuss the direction the Redevelopment Agency would like to go. Councilman Strong stated he supports the appointment of Dr. Bilas, however, he felt it is only a courtesy to postpone the confirmation at least one week to allow the Council time to inter- view the appointee if they so desire. Councilman Ratty made a motion to call for the question. This motion failed to carry by the following roll call vote: Ayes: Councilman Ratty Noes: Councilmen Christensen, Means, Miller, Payne, Strong, Barton Absent: None Councilman Christensen stated he was only requesting a one week delay because there are a few questions he would like to ask the appointee. Councilman Christensen asked the Mayor if there was an urgency in confirming this appointment. Mayor Shell stated there is no real urgency in confirmin~ this appointment, however, the Redevelopment Agency has a meeting next week. Councilman Ratty withdrew his motion. Councilman Miller stated he can see no reason to delay this appointment and made a motion that the Mayor's appointment of Dr. Richard Bilas, 4200 Boise Street, #1A, to the Redevelopment Agency, term expiring February 1, 1985, be confirmed. Councilman Strong stated he would support the appointment of Dr. Bilas, but objected to the fact that notification was not Bakersfield, California, February 18, 1981 - Page 3 199 given prior to tonight's meeting. In a case where there are no objections, by any member of the Council, this kind of appointment can be made. However, in every case where prior notification has not been given and a Councilman would like a delay for one week, it should be granted. Councilman Strong stated, for the record, he is very much in favor of appointments being announced one week and voted on the following meeting, especially if no urgency is involved. After a lengthy discussion, Councilman Miller's motion that the Mayor's appointment of Dr. Richard Bilas, 4200 Boise Street, #1A, to the Redevelopment Agency, term expiring February l, 1985, be confirmed, carried by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton Noes: Councilmen Christensen, Means Absent: None Councilman Christensen, in clarifying his negative vote, requested that the record show that if the vote was being taken next week he is almost positive the answer would be an emphatic "Yes," but having to vote tonight the answer is an emphatic "No," because the Mayor assured the Council there is no urgency in this matter. Councilman Barton announced that the Business Development and Parking Committee will have an open public meeting at 12 Noon on Monday, February 23, 1981, in the Caucus Room of City Hall. REPORTS Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 3-81 regarding Motor Vehicle Lease, as follows: At the Council Meeting of December 17, 1980, the City Council referred to the Budget Review and Finance Committee the matter of the pro- posed lease of a 1927 American LaFrance fire truck to the Bakersfield Firemen's Association. The fire truck is no longer in service to the City of Bakersfield. It is the intent of the 200 Bakersfield, California, February 18, 1981 - Page 4 Firemen's Association to use the fire truck in connection with the Association's participation in "muster" competition. This committee considered and addressed certain concerns of staff as pointed out in the February 4, 1981 memorandum from the Assistant City Attorney to the City Manager. Items discussed included protection to be afforded to the City of Bakersfield by the Firemen's Association for such areas as workers' compensation, genera2 liabi2ity, and property damage. All of the concerns have been provided for in the attached proposed agreement and therefore, we recommend that the City Council approve the lease agreement between the City of Bakersfield and the Bakersfield Firemen's Association and authorize the Mayor to execute same. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 3-81 regarding Motor Vehicle Lease, was accepted; and Lease Agreement between the City of Bakersfield and the Bakersfield Firemen's Association, was approved and the Mayor was authorized to execute same. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 1-81 regarding California Parklands Act of 1980, as follows: In November, 1980, Proposition 1 was passed creating the California Parklands Act of 1980. The Act authorized the State of California to issue $285 million of bonds to provide funds for the acquisition, development or restora- tion of state and local parks, beaches, histori- cal resources and recreational facilities. Pursuant to the requirements of the Act, at the Council Meeting of December 17, 1980 the City Council moved to appoint Frank Fabbri, Park Superintendent, as the City's representa- tive for the State Bond Act. As pointed out in the attached February ll, 1981 memorandum from Frank Fabbri to this committee, Kern County's share of available funds from the Bond Act will be $1,359,729. As required by the Bond Act, the representatives of the cities and affected districts within the County of Kern met to determine a method of allocation of the funds available. The recommended allocation method resulting from the meetings between the cities and districts were also furnished to this committee with the referred to memorandum. Additionally, it is necessary that at least 50% of the cities and districts must agree on the proposed method of Bakersfield, California, February 18, 1981 - Page 5 20'1 allocation. Under the proposed plan o£ allo- cation, the City of Bakersfield will receive $360,459. Therefore, this committee recommends that the City Council adopt the attached resolution recommending the approval of the proposed allocation plan of expenditures for Kern County. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 1-81 regarding California Parklands Act of 1980; was accepted. Adoption of Resolution No. 8-81 of the Council of the City of Bakers- field approving the Priority Plan for expenditure for Kern County under the California Parkland Act of 1980. Upon a motion by Councilman Christensen, Resolution No. 8-81 of the Council of the City of Bakers£ield approving the Priority Plan for expenditure for Kern County under the California Parkland Act of 1980, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 2-81 regarding State Park Funds Application, as follows: In 1976 the State approved SB174 or the Urban Open Space and Recreation Program. The Program provides funds to cities, counties and recrea- tion districts for acquiring lands and for developing facilities within urban areas to meet urban recreation needs. Population density, income, and unemployment must be considered in selecting the projects. The Program is designed whereby the State provides 75% and the City 25% of the total cost. Since the Program began, over the last five years the City of Bakersfield has applied for and received funds. The City's allocation for the 1980-81 fiscal year is $22,901. The staff intends to present the proposed projects as part of the Capital Improvement Program in June. However, since it is necessary that the City enter into an agreement with the State prior to June 30, it is necessary for the City to submit an application as soon as possible in order to meet this requirement. Bakersfield, California, February 18, 1981 - Page 6 Therefore, this committee recommends the City Council authorize the City's share of these improvements, in the amount of $7,634, be included in the 1981-82 Capital Improvement Budget. Further, this committee recommends the City Council authorize the staff to apply for the State Park Funds and approve the attached resolution. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 2-81 regarding State Park Funds Application, was accepted; and authorization was granted to include the City's share of the improvements, in the amount of $7,634, in the 1981-82 Capital Improvement Budget. Adoption of Resolution No. 9-81 of the Council of the City of Bakers- field approving the Block Grant Application for Grant Funds under the Urban Open-Space and Recreation Program for improvements at Jefferson, Wayside and Planz Parks. Upon a motion by Councilman Christensen, Resolution No. 9-81 of the Council of the City of Bakersfield approving the Block Grant Application for Grant Funds under the Urban Open-Space and Recreation Program for improvements at Jefferson, Wayside and Planz Parks, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5011 to 5135, inclusive, in the amount of $548,005.25. (b) Claim for Damages from Automobile Club of Southern California on behalf of W. D. & Mary F. Harrison, 138 Spruce Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Rory Ober, 2500 Jewetta Avenue, #72, Bakersfiled. (Refer to City Attorney) (d) Claim for Damages from Mosesian Foods, now known as Southern San Joaquin Foods, 1430 Truxtun Avenue, Suite 600, Bakers- field. (Refer to City Attorney) Bakersfield, California, February 18, 1981 - Page 7 (e) Claim for Damages from John Boutwell, 528 Walnut Drive, Bakersfield. (Refer to City Attorney) (f) Storm Drain Easement from Tenneco Realty Development Corporation, providing an easement for storm drain purposes in Parcel Map No. 5715, located west of California Avenue between Lennox Avenue and Mohawk Street. (g) Grant Deed from Tenneco Realty Develop- ment Corporation providing for a drainage retention basin located east of Gosford Road, south of South Laurelglen Boulevard. (h) Map of Tract No. 4355 with Klassen Corporation, located at the southeast corner of North Half Moon Drive and Barrington Street. (i) Notices of Completion and Acceptance of Work for: Auburn Street Storm Drain, Contract No. 80-188 with Gamcon. Tract No. 4114, Contract No. 80-165 with Tenneco Realty Development Corporation, located at LaMirada Drive and Durham Avenue. (J) Joint Participation Agreement between the City and M.T.L. Development Company and 4226 Limited, a Joint Venture, providing for construction of a sewer main from Panama Lane & South "H" Street to a point in Fairview Road, approximately 1,300' east of South "H" Street, and to recover a portion of the construction cost by setting a fee for connecting into the line. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Miller, low bid of Granite Construction Company, in the amount of $33,442, for improvements on Auburn Street between Piper Way and Fairfax Road, was approved, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, February 18, 1981 - Page 8 Upon a motion by Councilman Miller, low bid of Pipeline Products, in the amount of $6,494.62, for A.C.P. (Asbestos Cement Pipe) for Storm Drains, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2628 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 918 through 1012 Brundage Lane (even only). The application for this amendment was made by Stanley Sundquist and would change subject property from an R-3 (Limited Multiple Family Dwelling) Zone to a C-2 (Commercial) Zone. Upon a motion by Councilman Strong, Negative Declaration and Ordinance No. 2628 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 Bakersfiled commonly known as 918 through 1012 Brundage Lane (even only), finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2629 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 6800 Stockdale Highway; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Phil Van Horn and would change subject property from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2629 New Series of the Council of the City of Bakers£ield, California, February 18, 1981 - Page 9 205 Ayes: Noes: None Absent: None Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 6800 Stockdale Highway; and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Adoption of Ordinance No. 2630 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties located on the southeast corner of Planz Road and Stine Road; approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Carver Development and would change subject properties from an "A" (Agricultural) Zone. Upon Zone to a P.C.D. (Planned Commercial Development) a motion by Councilman Barton, Negative Declaration and Ordinance No. 2630 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties located on the southeast corner of Planz Road and Stine Road; approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Strong, Barton Noes: None Absent: None Miller, Payne, Ratty, 206 Bakersfield, California, February 18, 1981 - Page 10 De£erral of Negative Declaration for proposed amendments and contracts, as necessary, to implement Water Agree- ment No. 77-07 W.B. between the City and Olcese Water District. On November 9, 1977, the City entered into an agreement with Olcese Water District for conjunctive use of Kern River Water. The initial agreement was amended June 27, 1978, and it is now proposed to include those contracts, as necessary, to permit other parties to spread and recover water on the City's 2,800 acre water spreading facility, located westerly of Renfro Road along the Kern River to State Route I-5. Staff has compIeted the environmental assessment process and determined that no significant adverse environmental effects will result by executing the agreements. Action on this item was deferred from the Council Meeting o£ February 4, 1981, at the request of Mary Collup, Manager of Rosedale - Rio-Bravo Water Storage District. A letter has been received from Rosedale - Rio-Bravo Water Storage District, dated February 17, 1981, expressing their disagreement with the staf£'s position that implementation of the subject agreements will have no effect on the environment and requested that the Negative Declaration not be adopted at this time. Upon a motion by Councilman Barton, letter from Rosedale Rio-Bravo Water Storage District, was received and referred to staff for review and comment; time for submission of comments on the Negative Declaration, were closed; and action on the Negative Declaration for proposed amendments and contracts, as necessary, to implement Water Agreement No. 77-07 W.B. between the City and Olcese Water District, March 4, 1981. was deferred until the Council Meeting of NEW BUSINESS Adoption of Resolution No. 10-81 of the Council of the City of Bakers- field endorsing KERNCOG's Application for the U.S. Department of Trans- portation's New Comprehensive TSM Management Assistance Program. Bakersfield, California, February 18, 1981 - Page ll 207 The Kern County Council of Governments is considering an application for funds from the U. S. Department of Transportation for evaluation studies and installation of a central computerized traffic signal system for the Bakersfield Metropolitan Area. The system will syncronize signals along various streets to minimize stops at traffic signal intersections. Upon a motion by Councilman Means, Resolution No. 10-81 of the Council of the City of Bakersfield endorsing KERNCOG's Application for the U.S. Department of Transportation's New Comprehensive TSM Management Assistance Program, was adopted by the following roll call vote: Miller, Payne, Ratty, Councilmen Christensen, Means, Strong, Barton Ayes: Noes: Absent: None None Approval of Addendum to Agreement No. 79-70 with Book Publishing Company for preparation and printing of Revised Municipal Code. This addendum provides for a four percent (4%) increase in the per page rate, from $25.00 to $26.00 per page, for preparation and printing of revised Municipal Code. This adjustment is consistent with the terms of the original agreement. In addition to the increased cost per page, Book Publishing Company has verbally notified the City that they underestimated the number of pages in the new code by approximately fifty percent (50%). Since the contract was entered on a per-page cost, there will be approximately a $10,000 cost increase. This additional amount will appear in the next fiscal year budget. Upon a motion by Councilman Ratty, Addendum to Agreement No. 79-70 with Book Publishing Company for preparation and printing of Revised Municipal Code, was approved and the Mayor was authorized to execute same. Bakersfield, California, February 18, 1981 - Page Approval of Memorandum of Intent to enter into Subcontract with the Housing Authority of Kern County to assist in the Section 8 Moderate Rehabilitation Program. As part of the Community Development Block Grant Housing Assistance Plan, the City will assist the Housing Authority in implementing a Section 8 Moderate Rehab Program. This memorandum is a preliminary step necessary for the submission of an application to HUD by the Housing Authority for units under this program. If approved, a contract for rehabilitation inspection services by Community Development personnel will be submitted to Council at a later date. Upon a motion by Councilman Payne, Memorandum of Intent to enter into Subcontract with the Housing Authority of Kern County to assist in the Section 8 Moderate Rehabilitation Program, was approved and the Mayor was authorized to execute same. Approval of Agreement with the Kern County Housing Authority to relocate one existing sewerline located at the Plaza Towers on Wilson Road. The Housing Authority is propo~ngan 82-unit addition to the elderly housing development at the Plaza Towers which would require that the existing City-owned sewerline be relocated on the property. The project was part of the 1980-81 Community Development Block Grant Program. Housing Authority estimates this activity at $50,000, which is within the amount budgeted for the project. Upon a motion by Councilman Payne, Agreement with the Kern County Housing Authority to relocate one existing sewerline located at the Plaza Towers on Wilson Road, was approved and the Mayor was autorized to execute same. Communication from Downtown Business Association regarding UDAG funds for Downtown Shopping Mall. Mr. Skip Witham, President of the Downtown Business Association, presented a letter to the Council stating they will Bakersfield, California, February 18, 1981 - Page 13 209 terminate their commitment to the Downtown Shopping Mall, if the UDAG funds are rejected for a third time. Upon a motion by Councilman Miller, communication from the Downtown Business Association, dated February 17, 1981, stating they will terminate their commitment to the Downtown Shopping Mall, if the UDAG funds are rejected for a third time, was received and ordered placed on file. HEARINGS This is the time set for continued public hearing before the Council for hearing report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing protests or objections thereto. The public portion of this hearing was closed at the Council Meeting of February 4, 1981. Action on the resolution confirming the report of the Building Director regarding Assess- ments of certain properties in the City for demolition of Dangerous Buildings was held over until tonight in order to clear up the matter of the assessment on property owned by Mr. John Lewis located at 1521 - 9th Street. Building Director Bidwell stated since the last meeting he met with Mr. Lewis and in checking the facts it was found that a portion of the structure had been demolished and paid for. The City's contract cost was $850.00 and it is proposed that this be split and the assessment on that parcel be amended to $425.00. Upon a motion by Councilman Christensen, Resolution No. 11-81 of the Council of the City of Bakersfield confirming the report of the Building Director Re Assessments of certain properties in the City of Bakersfield of Dangerous Buildings, with the pro- vision that the assessment on property located at 1521 9th Street be amended to $425.00, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Bakersfield, California, February 18, 1981 - Page 14 Drive field. This is the time set for public hearing before the Council on Resolution of Intention No. 948 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of a 30 foot Alley in Tract 3915 between Auburn Oaks and Auburn Street east of Fairfax, in the City of Bakers- This hearing has been duly posted. 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 Miller, Resolution No. 12-81 of the Council of the City of Bakersfield ordering the vacation of a 30 foot Alley in Tract 3915 between Auburn Oaks Drive and Auburn Street east of Fairfax, in the City of Bakers£ield, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Councilman Strong commented on a letter that was received from the Department of Housing and Urban Development, outlining some issues that demand the Council's attention. Councilman Strong made a motion to refer the letter from HUD, dated January 30, 1981, regarding Monitoring of Community Development Block Grant Program No. B-80-MC-06-0510, to the Budget Review and Finance Committee for further study and recommendation back to the Council. Councilman Strong also stated that in the schedule of recommendations there is a disturbing statement that, unless a site is obtained or purchased by March, 1981, the City will be required to reprogram the $400,000 to another eligible activity. Councilman Strong asked if the Intergovernmental Relations Committee Bakersfield, California, February 18, 1981 - Page 15 211 is directing the sta£f to move forward on that project or if they are hoping the time limit passes whereby the funds will have to be used for something else. Councilman Ratty stated the Intergovernmental Relations Committee is trying to accomplish this in that time frame. The staff and committee have a number of concerns regarding the liability of running that center. The committee is aware o~ the time frame and the urgency, but will not commit the Council, where down the road they will have to be in the business of running a center for senior citizens. The committee agreed 100% that this is being pursued in a proper and expeditious manner. Assistant City Manager-Personnel Russell stated the last 30-45 days to purchase, and outlined what has word that was received is that the City has or have an option to purchase, the property been done to meet this deadline. Councilman Strong requested that each Councilman be £urnished a copy of the letter from BUD, extending the time Council, adjourned at 9:20 P.M. Councilman Strong withdrew his motion. ADJOURNMENT There being no further business to come before the upon a motion by Councilman Christensen, frame. the meeting was ~{AYOR of ~/~ -~ . tCity of Bakersfield, Calif ATTEST: PHILIP KELMAR CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California / ASSISTANT CITY CLERK ma Bakersfield, California, February 25, 1981 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 25, 1981. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance and a minute of silent prayer. Present: Absent: fo21owed The City Clerk called the roll as follows: Mayor Shell. Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen None SCHEDULED PUBLIC STATEMENTS Mr. Robert Elliott, General Manager of the Kern County Public Employees Association, SEIU Local 700, AFL-CIO, requested that the Council grant each City employee volunteering to partici- pate in the Valley Fever Vaccine Project one hour off work per day, plus travel time, for a maximum of three testing procedures. City Attorney Oberholzer advised the Council of a potential problem with the City's liability for Workers' Compen- sation if any injuries or illness consequently result from this program. Staff recommends that the employees be granted Authorize,~ Leave Without Pay if they want to participate in the program during working hours. Mr. Elliott stated he has a strong feeling if the City employees are not allowed to do this on City time the participation will be practically nill. Councilman Miller asked, since numerous City and County employees will be participating in the program, if it would be possible to locate the facility in City Hall or the County Adminis-- tration Building to eliminate travel time. Martha Fallgatter, Campaign Recruiter for the Valley Fever Vaccine Project, stated relocating the program to a City or County building would not be a problem. Dr. Charles Holeman outlined the studies that have been completed on this vaccine and assured the Council the safety aspect Bakersfield, California, February 25, 1981 - Page 2 has been well studied. The Food and Drug Administration has said the vaccine is safe, however, they require that every new biological vaccine or drug must be proven effective in man. After a lengthy discussion, Councilman Barton made a motion that the City Council encourage participation in the Valley Fever Vaccine Project, by everyone in the community, and employees contact their Department Heads for consideration of Community Service Leave in order to participate in the program. This motion was unanimously approved. CORRESPONDENCE Upon a motion by Councilman Payne, communication from Tenneco Realty Development Corporation, dated February 24, 1981, requesting abandonment of a portion of Business Park North, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Miller expressed his opposition to the Charter Amendment appearing on the March 3, 1981, ballot as Measure "I" and encouraged voters to vote against the measure. Councilman Payne also expressed his opposition to Measure "I" and requested that voters study it carefully before voting. Councilman Payne stated that at next week's Council Meeting he intends to appoint Cruz Carrizales and Mary Ruth Grider to the Charter Review and Advisory Commission. Councilman Christensen expressed his regrets that a strong move is being made to defeat Measure "I" and made a motion to dis- band the Charter Review and Advisory Commission. After discussion this motion was withdrawn. REPORTS Councilman Christensen, Chairman o£ the Auditorium- Recreation Committee, read Report No. 3-81 regarding Computerized Marquee for Civic Auditorium, as follows: Bakersfield, California, February 25, 1981 - Page 3 Mr. Rod Wilson of American Sign & Indicator presented a proposal to this Committee to erect a computerized marquee at the Civic Auditorium. The concept behind his presentation is to have the sign purchased and maintained with funds donated by interested parties in the community. The initial cost of the sign is approximately $80,000. Mr. Wilson informed this Committee he has canvassed the Bakersfield area and has received two firm commitments and a third party interested in the concept of donating and main- taining the sign. This Committee feels the concept presented by Mr. Wilson has merit, however, the Committee feels it is important to make certain that any and ~ll parties interested in participating in this program must have the opportunity. There- fore, this Committee recommends that the City ~ouncil authorize the Finance Department to ~ake appropriate announcements and place appropriate advertisement soliciting partici- pation b.~ interested parties.  pon a Motion by Councilman Christensen, Auditorium- Recreation ~ommittee Report No. 3-81 regarding Computerized Marquee for Civic Auditorium, was accepted; and the Finance Department was authorized to make appropriate announcements and place advertise- merits soliciting participation by interested parties. Director of Public Works Hawley presented a report, dated February 19, 1981, regarding Street Light Conversion Projects, as follows: The Energy Conservation Assistance Act of 1979 authorizes the California Energy Commission to loan $8 million in State funds to local govern- ments for street light conversion projects. These energy conservation funds became available for use January l, 1981. Street light conversions involve the replace- ment of older street lights with lamps that operate more efficiently (that is, they require less watts of electricity to produce the same amount of light). The staff has evaluated our City-owned street lights and it appears that many of the lights could be converted and the savings in energy cost would be sufficient to pay for the initial conversion cost. It is, therefore, recommended that this item be referred to the Council Energy Committee for further study and recommendation. Bakersfield, California, February 25, 1981 - Page 4 215 Upon a motion by Councilman Means, report from the Director of Public Works regarding Street Light Conversion Projects, was accepted; and the matter was referred to the Energy Committee for study and recommendation. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5136 to 5312, inclusive, in the amount of $380,419.75. (b) Claim for Damages from Fred Patricio, 212 Louella Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Michael R. Kelly, 3813 Barbara Street, Bakersfield. (Refer to City Attorney) (d) Road Easement from Tenneco Realty Develop- ment Corporation providing additional right-of-way required for widening the Ming Avenue-Gosford Road intersection. (e) Notices of Completion and Acceptance of Work for: Sanitary Sewer - South Wing Addition to City Hall, Contract No. 81-26 with Gamcon. Parcel Map No. 5797, Contract No. 80-172 with Tenneco Realty Development Corporation, located at Dunsmuir Road and Business Park North. (f) Application for Encroachment Permit ~rom William Gregg Tonneslan, 6605 Wilson goad, for construction of a 2 foot high ret~ning wall along back of sidewalk at 6605 Wil.so~ Road. '-- (g) Application for Encroachment Permit from Hinsley Brothers Construction Company, Route 5, Box 530, for construction of a 4 foot high retaining wall along back of sidewalk at northwest corner of Puder Street and Amerock Court. (h) Plans and Specifications for construction of Beach Park Irrigation System. (i) Plans and Specifications for construction of Sanitary Sewers at Beach Park. (J) Request from Gregg-Gangi Development for extension of time to complete improvements in Tract No. 3791, located at southeast corner of Planz Road and Akers Road. The Public Works Department recommends a 24 month extension. Completion date was April 26, 1979, and the revised completion date will be April 26, 1981. Bakersfield, California, February 25, 1981 - Page 5 (k) Request from Lawton Powers, Inc., for extension of time to complete improvements in Parcel Map No. 5365, located on south- east corner of West Columbus Street and Chester Avenue. The Public Works Depart- ment recommends a 12 month extension. Completion date for this Parcel Map was June 13, 1980, and the revised date will be June 13, 198I. (i) Request from Moreland Engineering, Inc., on behalf of Peter Mosesian Investments for abandonment of a portion of "0" Street, between 38th and 40th Streets, and 38th Street, between "0" and "Q" Streets. (Refer to Planning Commission for study and recommendation) (m) 60-Day Medical Leave o£ Absence Without Pay for David E. Hancock, Sanitation Worker I. This employee is presently on Medical Leave and has not been released by his Doctor. This request will extend the leave through April 24, 1981. Upon (d), (e), (f), Calendar, were adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Christensen a motion by Councilman Miller, Items (a), (b), (c), (g), (h), (i), (j), (k), (1) and (m) of the Consent Barton, Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Christensen, low bid of Jim Burke Ford, in the amount of $9,314.28, for a One Ton Pickup for the Fire Department, was accepted and the other bid rejected. Upon a motion by Councilman Means, bid of Fresno Kawasaki, in the amount of $11,630.32, for two Police Motorcycles, was accepted. Upon a motion by Councilman Ratty, the Finance Operations Manager was directed to sign and deliver all necessary requests and documents, as authorized in Resolution No. 27-79, to purchase 18 Police vehicles through the State of California Contract, in the amount of $136,962.49; and low bid of Three-Way Chevrolet, in the amount of $8,020.36, for one Four Door Station Wagon, was accepted and all other bids rejected. Bakersfield, California, February 25, 1981 - Page 6 2i7 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:05 P.M. MAYOR of Bakersfield, Calif. ATTEST: CITY f the Council of the City of Bakersfield, California ma Bakersfield, California, March 4, 1981 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., March 4, 1981. 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 Payne, Ratty, Strong, Christensen, Means Absent: Councilmen Miller, Barton Minutes of the regular meeting of February 18, 1981 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Bob Hurst, Campaign Manager for Kern County Invita- tional Soccer Tournment (KCIST), stated the California Bears Soccer Team is made up of 20 - ll & 12 year old boys and they have been invited to LeVerdon, France, at the town's expense, to parti- cipate in a Soccer Tournment in June, 1981. The Bears are the first U. S. team to ever be invited to participate in this event. Mr. Hurst presented the Mayor and Council with tickets to a Barbeque in honor of the team. Shell and the Council present of LeVerdon. Mayor Shell assured Mr. of Bakersfield would be sent to Mr. Hurst requested that Mayor a gift of appreciation to the Mayor Hurst that a gift from the City the Mayor of LeVerdon, France. Mr. Bill Turney, Public Relations Director for the Bakers-- field Jaycees', stated they are present tonight to give special recognition to a local resident who achieved the status of Out- standing Young Farmer, from the U. S. Jaycees' Mayor Shell presented a plaque to Jeff Thompson, Outstanding Young Farmer of America for 1980. Mayor Shell also pointed out that Mr. Thompson's father received the same award. Mr. Paul Arvidson, 2413 Blade Avenue, complained about the Police Department doing nothing about the theft of batteries from cars in parking lots. Bakersfield, California, March 4, 1981 - Page 2 21 '9 CORRESPONDENCE Upon a motion by Councilman Strong, communication from Robert Reader, Broker for Property Mart, 5001 College Avenue, dated February 26, 1981, regarding New Construction Inventives Program, was received and referred to the Community Development staff for recommendation to the Budget Review and Finance Committee. Upon a motion by Councilman Ratty, communication from Fox & Company, Certified Public Accountants, dated February 26, 1981, requesting that their firm be considered for the annual audit of the City of Bakersfield for Fiscal Year ending June 30, 1981, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Means, communication from Bailey, Brennan, Slaughter & Co., Certified Public Accountants, dated February 27, 1981, requesting that their firm be considered for the annual audit of the City of Bakersfield for Fiscal Year ending June 30, 1981, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Ratty, Notice of Pending Class Action in the Los Angeles Superior Court from Lawler, Felix & Hall, Attorneys at Law, entitled "City of Whittier, et al. vs. State Compensation Insurance Funds," seeking damages and declaratory relief for all members of the prospective class, against State Compensation Insurance Fund for its failure to reimburse cities and counties insured by the Fund for salary continuation benefits paid to Policemen and Firemen pursuant to Labor Code Section 4850, was received and referred to the City Attorney. COUNCIL STATEMENTS Councilmen Means and Payne assured Mr. Arvidson that the Police Department probably did everything they could regarding the theft of the batteries. 220 Bakersfield, California, March 4, 1981 - Page 3 Councilman Payne announced that he appointed Mrs. Mary Ruth Grider, 1400 Sutter Lane, and Mr. Cruz Carrisalez, 7905 Las Cruces Avenue, to the Charter Review and Advisory Commission. Councilman Christensen requested that the appointments to the Charter Review and Advisory Commission be completed as soon as possible. Councilman Means stated he reappointed Dr. Ray Geigle, 2513 Newport Lane, and will appoint Mr. Victor Garcia next week, to the Charter Review and Advisory Commission. Councilman Ratty announced that he reappointed Mr. Clarence Westra, 4200 Boise Street, #12 A, and Mr. John C. Fallgarter, P.O. Box 9607, to the Charter Review and Advisory Commission. Mayor Shell stated she hopes that in the next City election there will be a greater turnout than this week's election. REPORTS Councilman Payne, Chairman o£ the Water and City Growth Committee, read Report No. 1-81 regarding Municipal Farm Lease, as follows: On December 20, 1978, the City o~ Bakersfield entered into a Municipal Farm Lease Agreement with Garone Cattle Company, The Lease Agree- ment provides that Garone Cattle Company will lease the premises known as the Bakers£ield Municipal Farm for the purpose o£ conducting thereon a £arming and ranching operation £or growing agricultural crops and related usage and for the purpose of spreading reclaimed water for further land treatment and beneficial irrigation use. The term o~ the lease was for a period of seven years ending on December 31, 1985, with a First Right of Refusal for an additional five year period. It is beneficial to the City of Bakers£ield that the lessee make various improvements to the lease property. Among the improvements are: a) Finish leveling 385 acres. b) Development and fencing o£ 440 acres of an undeveloped portion o£ the £arm. c) Provide additional tailwater return system for wastewater. d) Eliminate equalizing reservoir at Buena Vista and Adobe Roads. Bakersfield, California, March 4, 1981 - Page 4 221 The staff estimates cost of the above long- range improvements to the farm to be $606,000. In consideration of the improvements to be made by the lessee, the staff recommends that the existing lease be extended for an additional seven year period, through December 31, 1992, at the present rental of approximately $80 per acre per year, with two five year options at a negotiated rental. This Committee has reviewed and discussed the staff recommendations and proposed agreement and considers it to be acceptable and in the best interest of the City of Bakersfield. Therefore, this Committee recommends that the City Council approve the proposed Municipal Farm Lease Agreement and authorize the Mayor to execute. Upon a motion by Councilman Payne, Water and City Growth Committee Report No. 1-81 regarding Municipal Farm Lease, was accepted; and Municipal Farm Lease with Garone Cattle Company, was approved and the Mayor was authorized to execute same. Councilman Payne, member of the Business Development and Parking Committee, read Report No. 1-81 regarding Preliminary Feasibility Study, Parking Assessment District, Downtown Bakersfield, as follows: Attached to this report is a letter from Mr. Lawrence Guay regarding a parking proposal for the downtown area. This proposal was sent to the Council two weeks ago, at which time it was submitted to the Business Development and Parking Committee for further study and recom- mendation. The Committee met in an open meeting on February 23rd, 1981, with Mr. Guay, Mr. Reno Zanotto, Mr. Hugh Sill, Mr. Dick Foster, Mr. Mel Khachigian, and other interested citizens, in regards to the downtown parking problems. As a result of this meeting, and a joint meeting with the Redevelopment Agency Parking Committee, which was held February 25th, 1981, we are of the opinion that Mr. Guay's proposal to study the merits of a parking assessment district in the downtown area should be pursued. We are recommending Council support on this matter for two basic reasons: l) It appears, based on correspondence received from the Downtown Business Association, that support exists within the local business community and, 222 Bakersfield, California, March 4, 1981 - Page 5 2) This Study and the District would be supported in whole by private enterprise, who in turn, would benefit from these much needed parking facilities. This Committee is therefore recommending that the City Council approve Mr. Guay's proposal, and instruct the staff to have Mr. Guay deposit $3,000 into a City Trust Account. We further recommend that the staff be instructed to have QUAD Consultants begin this study immediately. Upon a motion by Councilman Payne, Business Development and Parking Committee Report No. 1-81 regarding Preliminary Feasibility Study, Parking Assessment District, Downtown Bakers- field, 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. 5313 to 5439, inclusive, in the amount of $139,975.90. (b) Claim for Damages from Kathy M. James, Calvin M. James, Calvin E. James, Jr., Kasie James, Kevin James and Stacy M. James, 2414 South "0" Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Charles Anthony Pizzino, 1022 Oregon Street, Apt. D., Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Delvin Leroy Johnston, P.O. Box 5141, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Henry Nutt, 323 West llth Street, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Cristine L. Hodges, 1106 Dolores Street, Bakersfield. (Refer to City Attorney) (g) Notice of Completion and Acceptance of Work on installation of 12" diameter pipe- line across the Farmer's Canal, Contract No. 80-204 with G.C.A. Drilling & Blasting. (h) Application for Encroachment Permit from Joyce S. Griffiths, 2624 Auburn Court, for construction of a 2 to 23 foot retaining wall at back of sidewalk at southwest corner of Auburn Court and Auburn Street. Bakersfield, California, March 4, 1981 - Page 6 223 (i) Application for Encroachment Permit from Bakersfield Cable TV, 1615 "V" Street, for installation of a temporary overhead cable TV wire crossing in the 1600 block of "M" Street. (J) Application for Encroachment Permit from Jerry Eugene Willingham, 2101 Pacheco Road, for construction of a 4 foot high chain link fence along back of sidewalk on Jewell Court at southwest corner of Jewell Court and Pacheco Road. (k) Application for Encroachment Permit from Houchin Community Blood Bank, 2600 "G" Street, for construction of concrete retaining walls and lighting for land- scaping at northeast corner of 26th and "G" Streets. (i) Plans and Specifications for Resurfacing Auburn Street, between Columbus Street and Oswell Street, and Maywood Drive, between Auburn Street and Wendy Avenue. (m) Plans and Specifications for Resurfacing Wilson Road, between Hughes Lane and South "H" Street, and Hughes Lane, between Planz and Wilson Roads. (n) Plans and Specifications for Resurfacing Truxtun Avenue, between "L" and "H" Streets, and Chester Avenue, between Truxtun and California Avenues. (o) Novation between a Subdivider, a substituted Contractor and the City of Bakersfield. This Novation provides for the substitution of Peter Mosesian for Chester Jost as Sub- divider/Contractor for Contract No. 79-115, Improvement Agreement for Parcel Map No. 5179, located at the northwest corner of Wilson Road and South Real Road. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (i), (m), (n) and (o) of the Consent Calendar, were adopted by the following roll call vote: Ayes Noes Councilmen Payne, Ratty, Strong, Christensen, Means None Absent: Councilmen Miller, Barton ACTION ON BIDS Upon a motion by Councilman Christensen, low bid of Three-Way Chevrolet, in the amount of $15,056.20, for two Half Ton Pickups for the Public Works Department, was accepted; the Finance 224 Bakersfield, California, March 4, 1981 - Page 7 Operations Manager was directed to sign and deliver necessary documents, as authorized in Resolution No. 27-79, for the purchase of one Station Wagon through State Contract No. 1-81-23-10, in the amount of $6,776,62, for the Public Works Department, and all other bids were rejected. Upon a motion by Councilman Payne, reconstruction of the Chester Avenue Sewer, between Brundage Lane and Richland Street, and construction of the Oak Street Sewer, between Chester Lane and 16th Street, were deferred; and low bid of P. R. Field, Inc., in the amount of $1,160,000, for construction of Wastewater Treatment Plant No. 3, 1981 Interim, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of Tumblin Company, in the amount of $618,200, for Base Bid and Alternates 1 and 3 for construction of Phase II, South Wing Addition to City Hall, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Deferral of Negative Declaration for proposed amendments and contracts, as necessary, to implement Water Agree- ment No. 77-07 W.B. between the City and Olcese Water District. A letter regarding this Negative Declaration was received from Rosedale - Rio-Bravo Water Storage District, dated February 17, 1981, and was referred to staff on February 18, 1981, at which time submission of comments were closed. Action on the Negative Declaration was deferred until tonight's Council Meeting. Upon a motion by Councilman Christensen, action on Negative Declaration for proposed amendments and contracts, as necessary, to implement Water Agreement No. 77-07 W.B. between the City and Olcese Water District, was deferred until the Council Meeting of March 25, 1981. Bakersfield, California, March 4, 1981 - Page 8 '225 NEW BUSINESS Adoption of Resolution No. 13-81 of the Council of the City of Bakers- field changing the date of a Council Meeting in the month of March, 1981. The Regular Council Meeting of March 18, 1981, is being changed to March 16, 1981, to comply with Charter provisions which state that the Council shall meet on the second Monday following the General Election, at which time the newly elected members of the Council shall assume the duties of their office. Upon a motion by Councilman Christensen, Resolution No. 13-81 of the Council of the City of Bakersfield changing the date of a Council Meeting in the month of March, 1981, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means Noes: None Absent: Councilmen Miller, Barton Approval of Amendment to Agreement of Lease No. 77-188 between the City of Bakersfield and Griff's Auto Polish for property located at 1510 "H" St. This amendment extends the lease period for two years, provides for payment of increased rental, adds provisions concerning utilities and amends termination before end of lease term provision to permit termination upon 120 days' notice. Upon a motion by Councilman Ratty, Amendment to Agreement of Lease No. 77-188 between the City of Bakersfield and Griff's Auto Polish for property located at 1510 "M" Street, was approved and the Mayor was authorized to execute same. Approval of Community Development Block Grant Draft Application. The dra£t of the Community Development Block Grant Application must be submitted to the State for the 45-day A-95 review process prior to submission to the Department of Housing and Urban Development. Comments from the State will be used to formulate the final application, which will be submitted to the Council for action by April 15, 1981. Bakersfield, California, March 4, 1981 - Page 9 Upon a motion by Councilman Strong, Community Development Block Grant Draft Application, was approved and the staff was authorized to submit to the State for review. 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. MAYOR of th /~' ~ ~y of Bakersfield, Calif. ATTEST: of the City of Bakersfield, California ma Bakersfield, California, March 11, 1981 227 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., March 11, 1981. 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 Ratty, Strong, Barton, Christensen, Means, Payne Absent: Councilman Miller Minutes of the regular meeting of February 25, 1981 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Jacob Cobb, Chief of the Ani-Yun-Wiya Society, 1109 Antonia Way, stated they are applying for funds from the Bureau of Land Management to develop an Inter-Tribal Ceremonial Grounds to be situated approximately 600 feet above Hart Memorial Park and will contain 40.12 acres of land. The site is located 6½ miles northeast of Bakersfield and Alfred Harrell Highway leads to within 300 yards of it. There are no existing or known ceremonial grounds of this type in the United States and it will consist of an adminis- tration building, outdoor theater, ceremonial circle, museum and overnight camping and R.V. facilities with hook-ups and showers. The purpose of this proposed site is to develop and establish a self-supporting project that will allow the American Indian to preserve their heritage and culture. Mr. Cobb requested a letter endorsing the concept of the proposal presented to the Council tonight to accompany the application for funds from the Bureau of Land Management. Upon a motion by Councilman Strong, proposal submitted by Mr. Cobb for Inter-Tribal Ceremonial Grounds, was referred to staff for study and recommendation to the appropriate Council Committee. Bakersfield, California, March ll, 1981 - Page 2 Vivian Hofstetter, Vocal Music Director for Chipman Junior High School, outlined the activities planned for National Music in Schools Week, which will be held in conjunction with the California Music Educators Association Convention in Bakersfield, April ll, 12 & 13, 1981, and invited the Mayor and Council to attend. Miss Laura Luttrell, President of the Charger Choir of Chipman Junior H.igh School, outlined the Choir's planned tour of Japan and Bakersfield's Sister City, Wakayama, Japan, in April, 1981. Miss Luttrell presented Mayor Shell with a picture of the 1981 Charger Choir. Mr. Donald Kurtz, City resident, stated Pacific Gas and Electric Company has an application now pending before the Public Utilities Commission for a residential rate increase of over 40%, public authority rate increase of 24% and street light rate in- crease of 25%, all effective January, 1983. Mr. Kurtz requested that the Council adopt a resolution directed to the P.U.C. ex- pressing opposition to the application and join with other cities, through the League of California Cities, for an investigation of the application. Upon a motion by Councilman Payne, request made by Mr. Kurtz was referred to the Energy Committee for study and recom- mendation back to the Council. CORRESPONDENCE Upon a motion by Councilman Payne, communications from Frank E. Martell; Tanner, Isaacs and Sluga; Gary Tedder; John W. Gaines; Peter C. Brown; Sheats, Willman & Woken; Eugene F. Cassady & Co.; DanielIs, Phillips, Garner & Vaughan; Reischman, Penney & Mays; and Alexander Grant & Company; Certified Public Accountant firms regarding annual audit of the City of Bakersfield for Fiscal Year ending June 30, 1981, were received and referred to the Budget Review and Finance Committee for study and recommendation. Bakersfield, California, March 11, 1981 - Page 3 COUNCIL STATEmeNTS Councilman Christensen commented on a notice the Mayor sent to all Councilmen regarding a City Beauti£ication Program, and pointed out that the alleys should be cleaned and kept that way. Mayor Shell requested that each Councilman appoint one person to serve on the City's Beautification Committee and she has a list of 10-12 persons who have volunteered to serve, which would make a total of about 21 persons on the committee. Councilman Christensen requested that the Council make their appointments to the City's Beautification Committee by the Council Meeting of March 25, 1981. Councilman Means requested information on the proposed Joint Meeting between the Council and Redevelopment Agency, scheduled for Monday, March 16, 1981. City Manager Kelmar stated the joint meeting, basically, is being held to discuss the UDAG Application. City Attorney Oberholzer stated the original concept has been modified and the consultants & developer will be in Bakersfield Monday to present those concepts to the Council and Redevelopment Agency. It appears there will be a resolution presented indicating the Council's intent to float bonds, if necessary, for this project. Councilman Strong stated there should be a clear sense of direction as to what is expected of the Council, as a body, in this matter. Councilman Strong also stated he hopes the staff is prepared to make a recommendation next Monday night, as to which way the Council should go on this project. Mayor Shell requested that the Council consider rein- stating the Legislative Committee to work With the City Attorney and make recommendations regarding legislation affecting the City of Bakersfield. REPORTS Councilman Means, Chairman of the Energy Committee, read Report No. 1-81 regarding Street Light Conversion Projects, as follows: Bakersfield, Cali£ornia, March ll, 1981 - Page 4 At the present time there are approximately 5,357 street lights in the City of Bakersfield. Of these, approximately 77% or 4,134 street lights are owned and maintained by Pacific Gas & Electric Company and approximately 23% or 1,223 street lights are owned and maintained by the City itself. The City pays the electricity bill for all 5,357 street lights. Electricity for street lighting in the City of Bakersfield accounts for about one-half of the City's monthly electricity bill. More spefi- fically, the estimated cost of electricity for street lighting will exceed $600,000 for the fiscal. year ending June 30, 1981. Additionally, the cost is estimated to exceed $1,000,000 for the next fiscal year. Pacific Gas & Electric Company has completed approximately 40% of their program to convert their street lights to more efficient sodium vapor fixtures. This conversion program is expected to be completed in another two years. This committee discussed and reviewed a proposal for converting the existing City-owned incan- descent and mercury vapor lamps with high pressure sodium vapor lamps of comparable illumination. It is estimated the cost of converting the incandescent and mercury vapor lamps to high pressure sodium vapor lamps will be $302,320. Using August, 1980 electricity rates as the basis, the estimated energy cost savings per year will be $7~,535. Based upon this annual savings, the pay back time for the street light conversion project would be just over 4 years. Since electricity rates in future years are certain to be higher than August, 1980, the estimated savings would be far greater. The State of California is offering $8,000,000 in low interest loans to local governments for street light conversions. The loan program pro- vides that savings resulting from the conversion will be used to pay off the loan itself. Of the total conversion cost of $302,320, the amount eligible for a State loan would be $172,560. The balance of $129,760 would be financed with City funds. Since loan funds are limited and awards will be made competitively based on project pay back time, it is requested a loan application be submitted to the California Energy Commission by March 15, 1981. Therefore, this committee recommends that the City Council instruct staff to make application for financing conversions through a low interest loan and such application be submitted to the California Energy Commission. Upon a motion by Councilman Means, Energy Committee Report No. l-S1 regarding Street Light Conversion Projects, was Bakersfield, California, March ll, 1981 - Page 5 accepted; and staff was instructed to make application for financing conversions through a low interest loan and submit such application to the California Energy Commission. Upon a motion by Councilman Ratty, Budget Transfer from the Council Contingency Fund to the appropriate account, in the amount of $10,000, to start the Street Light Conversion Program, was approved. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 5-81 regarding Change in Job Specifications and Reclassifications, as follows: Attached to this report are proposed changes in job specifications for the following classi- fications: 1. Sanitation Crewman III 2. Waste Water Treatment Operator I 3. Waste Water Treatment Operator II The Sanitation Crewman III classification was authorized by the Council last July, however, the job specifications did not reflect the one- man automatic loading operation which was currently put into effect. The Waste Water Treatment Operator specifications were changed to include graduation from high school or its equivalent in the desirable minimum qualifi- cations. This requirement was included in order to be in compliance with the State of California Water Quality Control regulations. It does not effect any of the present employees, but will effect future employees. These changes have been discussed with the City's union representatives and they are in concurrence. The reclassification is in the City Manager's Office. The Manager has evaluated the job responsibilities of the Administrative Aide in his office and he is of the opinion that the duties assigned to this position are more reflective of the secretarial classification. In addition, the future office needs also dictate another Secretary rather than an Adminis- trative Aide. He has, therefore, requested that the classification of Administrative Aide be reclassified to Secretary II and the person assigned to this position be Y-rated until such time that the salary of the Secretary positions equal or exceeds the Administrative Aide salary range. The Governmental Efficiency and Personnel Com- mittee is in agreement with these proposals and is therefore recommending Council approval of the attached job specifications and the proposed reclassification. 2. 2 Bakersfield, California, March ll, 1981 - Page 6 ,rv, a mu~±o~l uy ~ouilcllman ~rong, Governmental Efficiency and Personnel Committee Report No. 5-81 regarding Change in Job Specifications and Reclassifications, was accepted; and recommenda- tions as outlined in the report, were approved. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 6-81 regarding Contract with Nicholas Counter for Fiscal Year 1981-82 Employee Negotiations, as follows: Attached to this report is a request from Nicholas Counter regarding renewal of his contract as the City's Chief Negotiator. The Governmental Efficiency and Personnel Committee has reviewed Mr. Counter's services with the staff and we are of the opinion that he represents the City in a fair and equitable manner and should be retained. This year's contract is in the amount of $1,250 per month for a period of one year, which is an increase of $100 per month. Since there were no multi-year contracts negotiated last year, all five MOU's of the City's recognized units will be up for renewal as well as consultations with the remaining four units. With this in mind, the Governmental Efficiency and Personnel Committee is recommending Council approval of this contract with Nicholas Counter and request authorization for the Mayor to execute the contract. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 6-81 regarding Contract with Nicholas Counter for Fiscal Year 1981-82 Employee Negotiations, was accepted; and contract with Nicholas Counter for employee negotiations for Fiscal Year 1981-82, was approved and the Mayor was authorized to execute same. Councilman Christensen, member of the Governmental Efficiency and Personnel Committee, read Report No. 7-81 regarding Fire Department Overtime Budget Transfer Request, as follows: The Fire Department is requesting a transfer of $40,000 from the regular salary and wage account of the Operations Budget to the over- time account to accommodate overtime expendi- tures for the remainder of this fiscal year and cover the present overdraft. Bakersfield, California, March 11, 1981 - Page Overtime expenditures for the Fire Department have risen gradually over the last 10 years to the point of being a significant cost for the City. This situation basically began when the City granted the Firefighters a reduction in their workweek from 60 hours to 56 hours January 1, 1975. The Department went from two to three shifts, and of the 22 positions needed to main- tain the same level of service, only 10 new positions were granted with an overtime call- back policy instituted. Since that time, vacations have gradually increased and sick leave conversions was added to time off with no additional positions. Sick leave, injury leave, callback for emergency purposes, and special details have been the main reason for callback since the reduction of the Firemen's workweek. Recent measures taken to improve this situation are the elimination of psychological testing of entry level Firemen which took four to five weeks to process, leaving existing Firefighter positions vacant, necessitating callback to maintain the minimum manning level which was negotiated with the Fire Units in recent years. A Draftsman position was granted by the City Council this current budget year which will eliminate the need to callback for that type of work. Policies for callback of Arson Investi- gators have been changed to reduce callback. During the early 1970's there were 44 Firefighting personnel on duty with approximately 20 positions for vacations, days off, sick leave, injury leave, etc. Presently there are 37 Firefighting personnel on duty, with only six positions for vacation, sick leave, and injury leave. It is evident that to maintain the minimum manning level, call- back is often a necessity because of the reduced number of positions available, coupled with sick leave, injury leave and callback for major emergencies. The Governmental Efficiency and Personnel Com- mittee has reviewed this request in detail and we are recommending Council approval authorizing a $40,000 transfer from the Fire Department Operations Salary and Wage Account to the Fire Department Overtime Account. Upon a motion by Councilman Christensen, Governmental Efficiency and Personnel Committee Report No. 7-81 regarding Fire Department Overtime Budget Transfer Request, was accepted; and Budget Transfer from the Fire Department Operations Salary and Wage Account to the Fire Department Overtime Account, in the amount of $40,000, was approved. 2. 4 Bakersfield, California, March 11, 1981 - Page 8 Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 8-81 regarding Consolida-- tion of Fire Mechanic Shop with Public Works Department, as follows: Historically, the City Fire Department has maintained its own fire equipment at Station Number 2 in East Bakersfield with two fire safety personnel. At the present time, the leval of activity has experienced a significant increase, the equipment has become more sophis- ticated and the two people assigned to this task are not able to keep up with the work load. In addition, the shop has become outdated. The staff recently evaluated this situation and recommended to the Governmental Efficiency and Personnel Committee that the fire maintenance function could be handled in a more efficient manner by the Public Works Fleet Maintenance Division. This Division is operated at the City's new and modern Corporation Yard facility which is large enough to handle this additional workload without any physical changes in the plant itself. Recommended employee changes would be handled as follows: The Fire Mechanic Supervisor reclassified to an equal classification of Fire Captain and reassigned to Fire Suppression. 2. The Fire Mechanic position transferred to Public Works as an Equipment Mechanic. Increase Public Works authorized Equipment Mechanic allocation by one new employee in order to keep up with the increased work- load. It is anticipated that no additional costs will be involved in this change as savings will result in a reduction in overtime, less work being done by outside firms and a savings in retirement costs, as the Public Works employees will not be covered in the Safety Retirement Program. The Governmental Efficiency and Personnel Com- mittee wishes to compliment the staff for initiating this proposal and we are recommending Council approval of this reorganization as out- lined in this report and further recommend that $32,500 be transferred from various Fire Depart- ment accounts to the proper accounts within the Public Works Department Equipment Maintenance Division budget. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 8-81 regarding Consolidation of Fire Mechanic Shop with Public Works Department, was accepted; and Bakersfield, C~li£ornia', March ll, 1981 - Page 9 reorganization as outlined in the report, was approved; and Budget Transfer from various Fire Department accounts to the proper accQunts within the Public Works Department Equipment Maintenance Division budget, in the amount of $32,500, was approved. Upon a motion by Councilman Ratty, Annual Report for 1980 of the Miscellaneous, Fire and Police Civil Service Boards, was received and ordered placed on file. Police Chief Price reported that three weeks ago a memo was given to each Councilman advising them of some changes being made in the Police Department. Ten Tra£fic Officers were diverted from the Traffic Division to a Tact Team to work on robbery and burglary problems. During their first three weeks in operation that team, 10 officers 30 misdemeanor arrests In addition, they were and 1 sergeant, have made 40 felony arrests, and participated in 68 residential checks. involved in 158 "Operation Stay in School" apprehensions. Of the 40 felony arrests; 12 were for burglary, 3 for robbery, 17 for narcotics and 8 for weapons arrests. A memo was also sent to the Council regarding an experimental Mail-In Report Program. The forms have not been received from the printers as yet. That program is voluntary to determine public acceptance on those types of reports which an officer may not be required at the scene. If evidence must be gathered a Police Officer will go the scene. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5440 to 5530, inclusive, in the amount of $300,986.08. (b) Claim for Damages from Hector Menchaca, 212 Louella Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages and Personal Injuries from Ronald Gene White, 2702 North Chester Avenue, Apt. 2, Bakersfield. (Refer to City Attorney) (d) Claim for Damages and Personal Injuries from Gary Charles Handley, 9421 Rosedale Highway, Bakersfield. (Refer to City Attorney) to Bakersfield, California, March 11, 1981 - Page 10 (e) (g) (h) (i) (J) (k) (i) Claim for Damages from Stephanie Frasch. (Refer to City Attorney) Claim for Damages from Mercury Insurance Group on behalf of B & P Pipe & Tool Company, 3035 Walnut Avenue, Long Beach, California. (Refer to City Attorney) Claim for Damages from Farmers Insurance Group, P.O. Box 2285, Bakersfield, on behalf of Earlene Barron. (Refer to City Attorney) Sewer Easement from Sill Properties, Inc., as required by the Planning Commission for Parcel Map No. 6021, located east of Arrow Street, south of Brittan Road. Street Easement from Shalimar Hills Develop- ment Company and Verdugo Land Company for extension of College Avenue as required by the Planning Commission for Tract No. 4096, located on College Avenue east of Fairfax Road. Notices of Completion and Acceptance of Work for: Bernard Street Retension Basin, Contract No. 81-6 with Turman Construction. Tract No. 4275, Contract No. 80-102 with Tenneco Realty Development Corporation, located at North Half Moon Drive and Barrington Street. Tract No. 4276, Contract No. 80-142 with Tenneco Realty Development Corporation, located at Laurelglen Boulevard and Gosford Road. Tract No. 4219, Contract No. 80-107 with Tenneco Realty Development Corporation, located at West Half Moon Drive and Olympia Drive. Request from L. Bruce Nybo, Civil Engineering and Land Surveying, for amendment to the Land Use Element of the General Plan for commercial use of property in the Rio Bravo Area located south of a line running parallel to and 400 feet north of Highway 178 and County Road No. 626. (Refer to Planning Commission for study and recom- mendation) Request from Roger W. Yates, Realtor, for an amendment to the Land Use Element of the General Plan for a portion of property located at 2001 Westwind Drive and all of 2015 Westwind Drive. (Refer to Planning Commission for study and recommendation) Bakersfield, California, March 11, 1981 - Page ll 2. 7 (m) Request for the City of Bakersfield to accept a Grant Deed from Tenneco Realty Development Corporation for a Drainfield and Park Site in the vicinity of Ashe Road and North Half Moon Drive. (Refer to Budget Review and Finance Committee) (n) Resolution No. 14-81 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 750, Annexation No. 283 (Stockdale No. 12), in accordance with LAFCO Resolution making determination. This resolution sets the date of hearing for Wednesday, April 15, 1981. Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Payne Noes: None Absent: Councilman Miller NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of South "H" Street, between Pacheco Road and Faith Avenue. The application for this amendment was initiated by the Planning Commission and would change subject property from an R-1 (One Family Dwelling) Zone to a C-1-D (Limited Commercial - Archi- tectural Design) Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of South "H" Street, between Pacheco Road and Faith Avenue. Approval of Supplemental Construction and Maintenance Agreement between the Atchison, Topeka and Santa Fe Railway Company and the City of Bakersfield, amending original agreement for con- struction of Truxtun Avenue Underpass, to allow railway company access along the levee for maintenance of their facilities. Bakersfield, California, March 11, 1981 - Page 12 Upon a motion by Councilman Ratty, Supplemental Construc- tion and Maintenance Agreement between the Atchison, Topeka and Santa Fe Railway Company and the City of Bakersfield, amending original agreement for construction of Truxtun Avenue Underpass, to allow railway company access along the levee for maintenance of their facilities, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 15-81 of the Council of the City of Bakers- field declaring that it has reviewed, evaluated, and considered the infor- mation contained in the Final EIR for a proposed Bakersfield Airpark Area General Plan Amendment, making findings, and certifying that said Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Council Resolution No. 60-80. The Planning Commission reviewed the Final EIR on the proposed General Plan Amendment and recommended, by Resolution No. 44-80, certification by the City Council. Councilman Ratty made a motion to adopt the resolution of the Council of the City of Bakersfield declaring that is has reviewed, evaluated, and considered the information contained in the Final EIR for a proposed Bakersfield Airpark Area General Plan Amendment, making findings, and certifying that said Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Council Resolution No. 60-80. Councilman Strong questioned City Attorney Oberholzer and Planning Director Sceales regarding areas delineated in the EIR, safety factor and noise levels, that he feels have not been addressed. Councilman Strong questioned the EIR being certified prior to the public hearing and felt it should be the other way around. During a lengthy discussion, Councilman Strong offered a substitute motion that no resolution be adopted by the Council Bakersfield, California, March 11, 1981 - Page 13 certifying the EIR on the area surrounding the Bakersfield Airpark until the Council receives a comprehensive plan by which to deal with the violations and unsafe conditions with the Airpark as it now exists. After further discussion this motion failed to carry by the following roll call vote: Ayes: Councilmen Strong, Christensen Noes: Councilmen Ratty, Barton, Means, Payne Absent: Councilman Miller Councilman Ratty's motion that Resolution No. 15-81 of the Council of the City of Bakersfield declaring it has reviewed, evaluated, and considered the information contained in the Final EIR for a proposed Bakersfield Airpark Area General Plan Amendment, making findings, and certifying that said Final EIR has been com- pleted in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Council Resolution No. 60-80, be adopted, carried by the following roll call vote: Ayes: Councilmen Ratty, Barton, Means, Payne Noes: Councilmen Strong, Christensen Absent: Councilman Miller Adoption of Resolution No. 16-81 o£ the Council of the City of Bakers- field declaring that it has reviewed, evaluated, and considered the infor- mation contained in the Final EIR for a proposed General Plan Amendment and subsequent Zone Change on properties located northerly of Panama Lane, westerly of Stine Road to the Arvin- Edison Canal, and southerly of the Southern Pacific Asphalto Branch Railroad, making findings, and certi- fying that said Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines, and City Council Resolution No. 60-80. The Planning Commission reviewed the Final EIR on the proposed General Plan Amendment coincident with the proposed Panama Lane No. 3 Annexation and recommended, by Resolution No. 45-80, certification by the City Council. Bakersfield, California, March l~, 1981 - Page 14 Councilman Barton made a motion to adopt the resolution of the Council of the City of Bakersfield declaring that it has reviewed, evaluated, and considered the information contained in the Final EIR for a proposed General Plan Amendment and subsequent Zone Change on properties located northerly of Panama Lane, westerly of Stine Road to the Arvin-Edison Canal and southerly of the Southern Pacific Asphalto Branch Railroad, making findings, and certifying that said Final EIR has been completed in compliance with the California Environmental Quality Act, the State Eir Guide- lines, and City Council Resolution No. 60-80. Mr. Tom Kovak, Engineer with the California Regional Water Quality Control Board, Central Valley Region, presented the following letter to the Council: March l~, 1981 City Council City of Bakersfield City Hall 1501 Truxtun Avenue Bakersfield, CA 93301 GENERAL PLAN AMENDMENT - BAKERSFIELD ANNEXATION NO. 282, PANAMA LANE #3 We have previously con~nented on the proposed annexation and have been requested by our Board to use this opportunity to reiterate our con- cerns. It is not our intent to single out this parti- cular development but it is simply illustrative of the need to develop an integrated and co- ordinated Wastewater Plan for Bakersfield Wastewater Treatment Plant No. 3. Plant No. 3 is currently hydraulically and organically over- loaded to the extent that it exceeds the limitations adopted by the Regional Board. The recently approved expansion of Plant No. 3 is only an interim solution and will not accommodate all development presently proposed in the We~t Bakersfield area. It is our recommendation the proposed project and other future developments be phased to coincide with the available treatment and disposal capacity at Plant No. 3. We encourage the City to initiate long-term planning to meet the wastewater needs in West Bakersfield to preclude continuation of the overloaded conditions at the City's existing treatment and dispocal facilities. LOREN J. HARLOW Supervising Engineer Bakersfield, California, March ll, 1981 - Page 15 941 Councilman Means stated he is concerned with the planning for future use of the sewage treatment facility in this area and felt it should be included in the EIR. After considerable discussion City Attorney Oberholzer stated a mitigation measure could be added to the resolution stating that "a plan will be adopted prior to development within Panama Lane No. 3 Annexation setting forth the methods and means of handling the additional sewage generated by future development." Councilman Means' substitute motion that Resolution No. 16-81 of the Council of the City of Bakersfield declaring that it has reviewed, evaluated, and considered the information contained in the Final EIR for a proposed General Plan Amendment and subsequent Zone Change on properties located northerly of Panama Lane, westerly of Stine Road to the Arvin-Edison Canal and southerly of the Southern Pacific Asphalto Branch Railroad, making findings, and certifying that said Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guide- lines, and City Council Resolution No. 60-80, be adopted with the mitigation measure as stated by the City Attorney, carried by the following roll Ayes: call vote: Councilmen Ratty, Payne Noes: Absent: Strong, Barton, Christensen, Means, None Councilman Miller Reception of Certificate of Election from Kern County Clerk of Results of General Municipal Election for the Office of Councilman in the First, Third, Fourth and Seventh Wards of the City of Bakersfield and Special Municipal Election for City Measures A, B, C, D, E, F, G, H and I, held on March 3, 1981. Upon a motion by Councilman Barton, Certificate of Election from Kern County Clerk of Results of General Municipal Election for the Office of Councilman in the First, Third, Fourth and Seventh Wards of the City of Bakersfield and Special Municipal Election for City Measures A, B, C, D, E, F, G, H and I, held on March 3, 1981, was received, ordered placed on file and spread in full in the minutes. Bakersfield, California, March 11, 1981 - Page 16 CERTIFICATE OF COUNTY CLERK TO RESULT OF CANVASS OF CITY OF BAKERSFIELD, MARCH 3, 1981~ GENERAL AND SPECIAL MUNICIPAL ELECTIONS. I, GALE S. ENSTAD, County Clerk of the County of Kern, State of California, hereby certify that I have canvassed the returns of the vote cast in the Special Municipal Election in the City of Bakersfield, and in the General Municipal Election for the office of Councilman in Wards 1, 3, 4 and 7 of said City, held on March 3, 1981, and that the Statement of Vote to which this certificate is attached shows the total number of votes cast in said Wards and in said City, and in each of the respective precincts therein, and that the totals of the respective columns and the totals as shown for each candidate and for and against each measure are full, true and correct. WITNESS my hand and Official Seal this 9th day of March, 1981. /s/GALE S. ENSTAD GALE S. ENSTAD, County Clerk Bakersfield, California, March ll, 1981 - Page 17 STATEMENT OF ALL VOTES CAST AT THE GENERAL MUNICIPAL ELECTION AND SPECIAL MUNICIPAL ELECTION HELD MARCH 3, 1981 CITY OF BAKERSFIELD STATE OF CALIFORNIA Bakersfield, California, March 11, 1981 - Page GENERAL MUNICIPAL ELECTION MARCH 3, 1981 WARD NO. 1 CONS. PRECINCT REGISTERED NO. VOTERS VOTES CAST STRONG WANDICK 398 39 19 15 479 113 81 28 460 126 91 26 436 ll5 64 46 730 184 107 69 324 126 93 30 776 138 107 20 341 79 47 31 745 200 135 51 Absentees TOTAL 4,689 PERCENT 24.2% 16 14 I 1,136 758 317 WARD NO. 3 CONS. PRECINCT REGISTERED NO. VOTERS VOTES CAST MILLER RAMIREZ ROCKOFF 25 413 137 69 ll 55 26 453 148 58 14 73 27 387 132 37 7 86 28 515 139 37 9 89 29 728 275 66 36 170 30 843 179 77 27 73 31 679 188 82 14 90 32 931 229 78 26 124 33 924 234 101 46 86 34 136 32 18 2 12 35 36 7 4 4 37 172 25 14 4 7 38 135 30 14 6 10 39 550 96 39 23 33 Absentees TOTAL 6,873 PERCENT 27.7% 61 23 5 31 1,909 713 230 943 Bakers£ield, California, March ll, 1981 - Page 19 GENERAL MUNICIPAL ELECTION MARCH 3, 1981 WARD NO. 4 CONS. PRECINCT REGISTERED NO. VOTERS VOTES CAST DUNCAN PHIPPS RATTY ROBINSON 41 511 126 7 69 45 3 42 736 171 27 46 90 4 45 510 138 30 34 68 5 46 189 12 3 4 4 1 47 49 13 2 5 2 48 3 51 53 54 738 280 55 136 85 1 55 502 218 42 71 101 56 587 206 31 80 92 2 57 402 154 21 33 96 58 693 98 21 32 37 7 59 705 121 30 34 37 19 108 548 188 37 56 91 1 lll 428 73 21 10 39 2 Absentees 103 12 34 51 4 TOTAL 6,601 1,901 339 644 838 50 PERCENT 28.7 WARD NO. 7 CONS. PRECINCT REGISTERED NO. VOTERS VOTES CAST BARTON ROHDE 89 620 89 62 16 9O 449 32 19 9 91 1 92 543 60 40 15 93 73 8 3 5 94 513 57 39 14 95 594 49 20 27 96 512 43 19 22 97 252 59 29 23 98 890 73 53 17 99 177 17 8 8 100 199 31 21 8 101 372 57 46 9 102 487 59 44 15 103 442 64 55 5 104 795 75 58 14 105 193 20 22 5 ll0 465 56 42 12 Absentees TOTAL 7,577 PERCENT 11.5% 28 21 7 877 591 231 MARCH 3, 1981 COUNCIL WARD REGISTERED VOTES NO. VOTERS CAST MEASURE "A" MEASURE "B" YES NO YES NO MEASURE "C" YES NO I 4,689 1,136 720 265 696 286 666 308 2 6,079 887 621 242 562 296 582 269 3 6,873 1,909 1,386 369 1,248 483 1,232 487 4 6,601 1,901 1,230 448 1,075 589 1,052 595 5 6,999 923 684 199 594 287 616 256 6 10,771 930 764 142 651 246 674 217 7 7,577 877 581 236 495 315 478 324 **Absentees 306 223 58 197 85 181 102 TOTAL 49,589 8,563 5~986 1,90~ 5~321 2,502 MEASURE "F" MEASURE "G" YES NO YES NO COUNCIL WARD REGISTERED VOTES NO. VOTERS CAST 5,300 2,456 MEASURE "H" YES NO 1 4,689 1,136 647 276 646 288 668 271 2 6,079 887 606 238 585 274 620 229 3 6,873 1,909 1,248 438 1,260 445 1,370 333 4 6,601 1,901 1,099 50~ 1,079 535 1,195 431 5 6,999 923 623 244 601 269 670 199 6 10,771 930 716 169 685 205 757 132 7 7,577 877 537 261 536 273 562 244 MEASURE "D" YES NO MEASURE "E" YES NO **Absentees 306 199 77 190 89 643 330 696 238 565 288 630 220 1,223 472 1,358 329 1,050 573 1,198 408 599 277 678 201 690 208 764 135 481 326 553 249 187 89 218 59 5,251 2,474 5,877 1,780 TOTAL 49,589 8,563 5,476 2,127 5,392 2,289 MEASURE "I" YES NO 590 361 318 555 707 1,087 636 1,077 303 597 382 523 341 495 225 55 145 140 5,842 1,839 3,277 4,695 PERCENT 17.2% **Absentee votes included in total for each Ward Bakersfield, California, March ll, 1981 - Page 21 247 Adoption of Resolution No. 17-81 of the Council of the City of Bakers- field declaring the results of Canvass of Returns of the General Municipal Election for the Office of Councilman in the First, Third, Fourth and Seventh Wards in the City of Bakers- field and the Special Municipal Election for Measures "A" through "I", held on the 3rd day of March, 1981. Upon a motion by Councilman Barton, Resolution No. 17-8]. of the Council of the City of Bakersfield declaring the results of Canvass of Returns of the General Municipal Election for the Office of Councilman in the First, Third, Fourth and Seventh Wards in the City of Bakersfield and the Special Municipal Election for Measures "A" through "I", held on the 3rd day of March, 1981, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Payne Noes: None Absent: Councilman Miller The results of the General Municipal Election were as follows: WARD NO. 1: Vernon David Strong Lawrence Wandick 758 317 WARD NO. 3: Robert N. "Rob" Miller 713 G. Tony Ramirez 230 Arthur L. "Art" Rockoff 943 WARD NO. 4: Jack J. Duncan 339 Benjamin D. Phipps 644 Donald K. Ratty 838 Henry Lee Crisp Robinson II 50 WARD NO. 7: James J. Barton 591 Mary Ann Rohde 231 Bakersfield, California, March 11, 1981 - Page 22 follows: The results of the Special Municipal Election were as YES NO TOTAL Measure "A" 5,986 1,901 7,887 Measure "B" 5,321 2,502 7,823 Measure "C" 5,300 2,456 7,756 Measure "D" 5,251 2,474 7,725 Measure "E" 5,877 1,780 7,657 Measure "F" 5,476 2,127 7,603 Measure "G" 5,392 2,289 7,681 Measure "H" 5,842 1,839 7,681 Measure "I" 3,277 4,695 7,972 The following persons are hereby declared to be elected to the office of City Councilman for a full term o£ four years: follows: V~RNON DAVID STRONG FIRST WARD ARTHUR L. ROCKOFF THIRD WARD DONALD K. RATTY FOURTH WARD JAMES J. BARTON SEVENTH WARD The results of the Special Municipal Election were as MEASURE "A" PASSED MEASURE "B" PASSED MEASURE "C" PASSED MEASURE "D" PASSED MEASURE "E" PASSED MEASURE "F" PASSED MEASURE "G" PASSED MEASURE "H" PASSED MEASURE "I" DEFEATED This is the time HEARINGS set for public hearing regarding amend- ment to the Land Use Element of the Bakersfield Metropolitan Area General Plan concerning the following general areas: Segment I: The City of Bakersfield has applied to change the Low Density Residential designation for approximately 321 acres surrounding the Bakersfield Airpark. Bakersfield, California, March ll, 1981 - Page 23 249 Segment III: Segment IV: The City of Bakersfield has applied to change land use designations at forty- one locations in order to conform to existing land use and/or zoning. These changes apply to nearly 390 acres located in various areas of Southwest Bakersfield. Portfolio Properties has applied to change the Low Density Residential designation to Commercial for 18+ acres, and to Industrial for 150T acres located north and east of The Arvin-Edison Canal, south of the Southern Pacific Railroad and west of Stine Road coincident with the proposed Panama Lane No. 3 Annexation request (520 acres). This hearing has been duly advertised owners have been notified as required by law. and the property The Planning Commission approved the Negative Declaration for Segment III, and recommended approval of Segments I, III and IV, provided certain conditions are met on Segment IV, as delineated in Planning Commission Resolution No. 46-80. Mayor Shell declared the hearing open for public partici- pation on Segment I. Mr. Bill Lewis, representing Bakersfield Airpark, speaking in favor of Segment I, stated he felt what is before the Council tonight is the most equitable thing for all concerned. Mr. Warren Martin, resident near Bakersfield Airpark, spoke in opposition to Segment I. 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 on Segment I. Mayor Shell declared the hearing open for public partici- pation on Segment III. 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 on Segment III. Bakersfield, California, March 11, 1981 - Page 24 Mayor Shell declared the hearing open for public partici- pation on Segment IV. Mr. Simon Eisner, representing Portfolio Properties and speaking in favor of Segment IV, commented on the future develop- area and requested that this General Plan Amendment ment of this be granted. ~s. several questions about field. Mr. Tom Kovak, Stephanie McCormick, Planning Commissioner, asked funding wastewater facilities in Bakers- Engineer with the California Regional Water Quality Control Board, Central Valley Region, answered questions about the status of Federal Grants for wastewater facilities and suggested that Bakersfield immediately try to get placed on the State Water Resources Control Board's priority list for funds. 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 on Segment IV. Councilman Ratty made a motion to adopt the resolution approving Segments I, III and IV of proposed Amendments to the Land Use Element of the General Plan. Councilman Strong requested a consensus of the Council on each Segment, separately, so he could voice his opposition to Segment I. Ayes: Noes: Absent: Ayes: Noes: Absent: Consensus of the Council on Segment I, Councilmen Ratty, Barton, Means, Payne Councilman Strong Councilmen Christensen, Miller Consensus of the Council on Segment III, Councilmen Ratty, Strong, Barton, Means, None Councilmen Christensen, Miller as follows: as follows: Payne Bakersfield, California, March ll, 1981 - Page 25 25!i Ayes: Noes: Absent: Consensus of Council on Segment Councilmen Ratty, Strong, Barton, None Councilmen Christensen, Miller IV, as follows: Means, Payne Miller clarifying his vote, stated he was but is in opposition to Segment I. Councilman Ratty's motion that Resolution No. 18-81 of the Council of the City of Bakersfield making findings, adopting a Negative Declaration on Segment III, and approving Segments I, III, and IV of proposed Amendments to the Land Use Element of the Bakersfield Metropolitan Area General Plan, be adopted, carried by the following roll call vote: Ayes Councilmen Ratty, Strong, Barton, Means, Payne Noes None Absent: Councilmen Christensen, Councilman Strong, in in favor of Segments III and IV, ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Barton, the meeting was adjourned at 10:30 P.M. YOR o~~C' y ' d, MAYOR of t Cit/~f aker~ Calif. ATTEST: ma Bakersfield, California, March 16, 1981 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 8:00 P.M., March 16, 1981. The meeting was called to order by Mayor Shell, the City of City followed by the Pledge of Allegiance and Invocation by Rabbi Steven Peskind of TemF!e Beth El. The City Clerk called the roll as follows: Present: Mayor'~She~I. Councilmen Strong, Means, Councilman Miller Minutes of the regular meeting of March 4, Absent~, approved as preented. ADJOURNMENT There being no further business Council, adjourned. Office to Barton, Christensen, Payne, Ratty 1981 were to come before the upon a motion by Councilman Barton, the Council was NEWLY ELECTED COUNCIL MEMBERS SWORN IN BY ASSISTANT CITY CLERK. Assistant the following newly elected Councilmen: City Clerk Anderson administered the Oath of Councilman First Ward Councilman Third Ward Councilman Fourth Ward Councilman Seventh Ward Vernon D. Strong Arthur L. Rockoff Donald K. Ratty James J. Barton Mayor Shell convened the new Council at this The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Absent: None time: ELECTION OF VICE-MAYOR Upon a motion by Councilman Ratty, Councilman James J. Barton was elected to the Office of Vice-Mayor of the City of Bakersfield. APPOINTMENT OF COUNCIL'S REPRESENTATIVE TO THE PLANNING COMMISSION. Upon a motion by Councilman Barton, Councilman Thomas A. Payne was appointed as the Council's representative to the Planning Commission. Bakersfield, California, March 16, 1981 - Page 2 2. 3 APPOINTMENT OF COUNCIL'S REPRESENTATIVE TO THE KERN COUNTY COUNCIL OF C~VERNMENTS. Upon a motion by Councilman Barton, Councilman Donald K. Ratty was appointed as the Council's representative to the Kern County Council of Governments. DEFERRAL OF APPOINTMENT OF COUNCIL'S LEGISLATIVE REPRESENTATIVE. Councilman Barton requested that the appointment of the Council's Legislative representative be deferred until such time as a decision is made whether or not a Legislative Committee will be appointed. SCHEDULED PUBLIC STATE~ENTS Angela Mitchell, President of the Kern County Chapter of California Women for Agriculture, stated Thursday, March 19, 1981, is National Agriculture Day in Bakersfield and presented baskets of Kern County produce to the Council and staff. Mr. Virgil Wilson, 1508 Moreland Way, introduced the Emerson Junior High School Basketball Team, who will be partici- pating in the Hawaii-California Easter Classic, April 13-19, 1981, in Honolulu, Hawaii, and requested that Mayor Shell and the Council send a gift of appreciation. Mayor Shell assured Mr. Wilson that a gift of appreciation would be sent. CORRESPONDENCE Upon a motion by Councilman Ratty, communications from Carpenter, Kuhn, Williams & Sprayberry and Henderson & Garner, Certified Public Accountant firms, regarding annual audit of the City of Bakersfield for Fiscal Year ending June 30, 1981, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Ratty, communication from the Westbluff Court Property Owners, dated March 13, 1981, re- questing that the City accept, for maintenance, the portion of Bakersfield, California, March 16, 1981 - Page 3 Westbluff Court which is located outside Tract No. 3538, located along the southerly edge of Panorama Park and adjacent to Panorama Drive, was received and referred to staff for study and recommendation. Upon a motion by Councilman Barton, communication from the City of San Bernardino to the Mayor, dated March 10, 1981, requesting opposition to Assembly Bill 112 (Lockyer), which would require Charter Cities to submit their projects and financing plates for the issuance of Industrial Revenue Bonds to a State Advisory Commission, was received and ordered placed on file. ~ayor Shell stated Assemblyman Rogers has reported that drop this legislation. Upon a motion by Councilman Payne, Rosedale - Rio-Bravo Water Storage District, the author is going communication from dated February 17, 1981, regarding the Proposed Negative Declaration in regards to the contract and implementation thereof between the City of Bakers- field and Olcese Water District, was received and referred to staff. COUNCIL STATEMENTS Councilman Ratty thanked the people who helped with his campaign. Councilman Barton thanked the Council for giving him the opportunity to serve as Vice-Mayor of the City of Bakersfield. Appointment of Council Standing Committees. Councilman Barton proposed the appointment of the following Council Standing Committees. AUDITORIUM-RECREATION J.M. "Chris" Christensen, Chairman Arthur L. Rockoff John M. Means BUDGET REVIEW AND FINANCE Arthur L. Rockoff, Chairman Donald K. Ratty John M. Means BUSINESS DEVELOPMENT AND PARKING James J. Barton, Chairman Thomas A. Payne Arthur L. Rockoff ENERGY COMMITTEE John M. Means, Chairman Donald K. Ratty Arthur L. Rockoff GOVERNMENTAL EFFICIENCY AND PERSONNEL Thomas A. Payne, Chairman James J. Barton Vernon D. Strong INTERGOVERNMENTAL RELATIONS Vernon D. Strong, Chairman J.M. "Chris" Christensen Donald K. Ratty Bakersfield, California, March 16, 1981 - Page 4 VOUCHER APPROVAL John M. Means, Chairman J. M. "Chris" Christensen Vernon D. Strong WATER AND CITY GROWTH Donald K. Ratty, Chairman James J. Barton Thomas A. Payne Upon a motion by Councilman Barton, the assignment of Council Standing Committees, as proposed, were approved. Council- man Strong voted in the negative on this motion. Councilman Rockoff thanked the voters of the Third Ward for their support. He also stated there will be times when decisions he makes will not be popular, but assured the residents that they will be made for the benefit of Bakersfield, as he sees the problems. He expressed his hope that the Council can work in a harmonious manner for the benefit of the City. First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 1.30 to the Municipal Code creating the Bakersfield Water Board, and establishing the powers and duties of said Board. Upon a motion by Councilman Barton, first reading was considered given an Ordinance of the Council of the City of Bakers- field adding Chapter 1.30 to the Municipal Code creating the Bakersfield Water Board and establishing the powers and duties of said Board, by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong None None Councilman Barton presented an ordinance from the City of Arcadia that declares the commercial exploitation of lewd motion picture films and publications to be a public nuisance and requested staff to redraft it in the City of Bakersfield's form and furnish copies to each Councilman for review and consideration at the meeting of March 25, 1981. City Attorney Oberholzer stated there are some constitu- tional issues in this ordinance that are currently being tested in Bakersfield, California, March 16, 1981 - Page 5 court, but it will be reviewed by the Attorney's Office and either a report will be made or a draft of the ordinance furnished to each Councilman. Councilman Payne commended Mr. Virgil Wilson on his unselfish and continuous devotion to our youth and wished the Emerson Junior High School Basketball team luck on their game that is coming up. Councilman Ratty stated, in regards to the Senior Citizens Center, the Intergovernmental Relations Committee met on Friday, March 13, 1981, to review the latest draft from the Kern County Economic Opportunity Corporation. After reviewing the document and discussing available alternatives, the Committee unanimously concluded that the entire Council should participate in the resolution of this matter. Due to the fact that a decision must be reached quickly it is requested that tonight's meeting be recessed until Wednesday, March 18, 1981, at 8:00 P.M. Councilman Means stated he will be out of town Wednesday, but would make his input known to various Councilmen. Councilman Strong requested that Mr. Virgil Wilson leave a name and address where contributions could be sent that will aid the Emerson Junior High School Basketball team's trip to Hawaii. Mr. Wilson stated contributions should be sent to the following address: The (a) (b) (c) Dr. Jerry C. Fox 234 Baker Street CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 5531 to 5672, inclusive, in the amount of $344,433.56. Claim for Damages from Mark C. Comer and Melody L. Comer, 822 Niles Street, Bakers- field. (Refer to City Attorney) Claim for Damages from Jack Quaile and Betty Quaile, 5500 Wonder Lane, Bakersfield. (Refer to City Attorney) Bakersfield, California, March 16, 1981 - Page 6 2. 7 (d) Claim for Damages from The Farmers Insurance Group on behalf of Carolyn Bryant, P.O. Box 2285, Bakersfield. (Refer to City Attorney) (e) Application for Encroachment Permit from Bob Loflin, 7017 Setter Court, for con- struction of a 4 foot high steel tube fence on top of existing retaining wall at the southeast corner of Setter Court and E1 Rio Drive. (f) Request from Culligan Water Conditioning, ll6 Baker Street, for annexation of pro- perty located on the southwest corner of White Lane and Union Avenue, containing 7.5 acres of land. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e) and (f) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Christensen, low bid of Micon, in the amount of $17,197, for construction of Utility Conduits and Pipelines for the South Wing Addition to the Bakersfield City Hall, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2631 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of South "B" Street, between Pacheco Road and Faith Avenue. The application for this amendment was initiated by the Planning Commission and would change subject property from an R-1 (One Family Dwelling) Zone to a C-1-D (Limited Commercial - Archi- tectural Design) Zone. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2631 New Series amending Title Seventeen of the Bakersfield, California, March 16, 1981 - Page 7 Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of South "H" Street, between Pacheco Road and Faith Avenue, finding said zoning consistent with the General Plan, were adopted Ayes: Payne, Ratty, Noes: Absent: Abstaining: by the following roll call vote: Councilmen Barton, Christensen, Means, Strong None None Councilman Rockoff NEW BUSINESS Approval of Agreement between Cali- fornia Water Service Company and the City of Bakersfield for installation of water mains and fire protection facilities for Parcel Map No. 3930. Sufficient funds were collected from the developer's bonding company for the project. This action was necessary due to the developer's failure to complete the improvements. Because the installation is being made to California Water Service Company's system, it is requested that the normal bidding procedure be waived. The Engineer's estimate for this work is $132,000. Upon a motion by Councilman Payne, normal bidding pro- cedures were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and Agreement between California Water Service Company and the City of Bakersfield for installation of water mains and fire protection facilities for Parcel Map No. 3930, was approved and the Mayor was authorized to execute same. Approval of request from Mr. Robert King to relocate a sign on property located at 815 Real Road. This 70 foot high sign for the Rodeway Inn must be moved because of additional building construction on the parcel. This request, if approved, would permit the sign to be moved approxi- mately 300 feet to the north property line of the same parcel. The relocation request requires approval of the City Council because the sign exceeds 50 feet in height. Bakersfield, Cali£ornia, March 16, 1981 - Page 8 259 Upon a motion by Councilman Means, request from Mr. King to relocate a sign on property located at 815 Real Road, approved by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Noes: None Absent: None Mayor Shell declared a brief recess at 8:45 P.M. and reconvened the meeting at 8:47 P.M. Joint Meeting between the City Council and Redevelopment Agency for review and consideration of the 1981 Urban Development Action Grant (UDAG) Application for the Downtown Retail Center. The meeting was called to order by Mayor Shell. Mayor Shell announced that Councilman Payne would not participate in the following matter due to a real or imaginary conflict of interest. Agency Chairman Casper called the Redevelopment Agency Special Meeting to order. Present: Absent: Robert was The City Clerk called the roll of the Agency as follows: Agency Members Casper, Foth, Bilas, Mooneyham, Winer Agency Members Lewis, Puder Director of Fire & Development Services Needham stated the purpose of this meeting is that the Department of Housing and Urban Development (HUD), who administers the UDAG Program, is requesting further assurances from the Council & Redevelopment Agency regarding the $7,500,000 UDAG Application the City has submitted. With the aid of a map, Mr. Needham pointed out the following changes. The 40 acre shopping center site, as previously designed (bounded on the east by "Q" Street, on the west by "L" Street, on the north by 23rd Street and on the south by 20th Street), has been changed to a different configuration. It is now approximately ll acres smaller. The site now proposed in the UDAG Application is approxi- mately 29 acres and the west boundary line has been changed to "M" Street. Bakersfield, California, March 16, 1981 - Page 9 Mr. Needham introduced the following persons: ~lr. Cal Hollis, representing the firm of Katz, Hollis, Coren & Associates, Financial Consultants for the Redevelopment Agency. Mrs. Marjorie Friedlander, Special Counsel for the Redevelopment Agency. Mr. Tim Kelly, representing Keyser Marston Associates, Inc., Land Use Analyst. Mr. Dan Donahue, President of John S. Griffith Company, developers of the project. Mrs. Marjorie Friedlander, Special Counsel for the Redevelopment Agency, stated the Council decided, last July, to approve the submission of a UDAG Application. The original agree- ment between the Bakersfield Redevelopment Agency and developer, John S. Griffith Company, goes back even further than that. The Joint Development Agreement was negotiated and approved by the Redevelopment Agency in December, 1979. The public budget, as it appeared at that time, looked as though there would be a gap in the ability of the Agency to meet all the necessary public costs. At that time a determination was made to approach the Department of Housing and Urban Development (HUD), to seek an Action Grant to £ill that gap, so it would be possible to bring about the substantial private investment of funds as proposed by the John G. Griffith Company in order to develop the downtown retail center. The UDAG Program is fairly new. It is an off-shoot of the Community Develop- ment Block Grant Program, which makes sums of money available for various kinds of activities in eligible communities. Bakersfield is an eligible community and, as such, can apply for an Urban Development Action Grant, and that is what we have been trying to process since last July. The information submitted in July was considered in September and a decision was reached, at that time, that there was not sufficient information available to the UDAG Program in terms of clear and firm commitments from each of the participants for them to decide to fund it. It appeared that it was a project that would be eligible for funding provided a sufficJLent Bakersfield, California, March 16, 1981 - Page 10 set of commitments could be put together. The UDAG Program requires that every single component, that is identified as something to be included in the final project, be supported by a letter of commit- ment or intent from the developer, participating department stores and the developer's lender. At the same time it must be shown how the public sectors' contribution is going to be financed. Each one of those items must be documented and part of the file. Those letters are not commitments forever, each time the project is held- over for a quarter each one needs to be updated. Following the September review we were advised that the application would be held- over for review in December. Between the time the submission was completed in September and the December quarter there were some changes in the circumstances that the developer had to confront. The major change was a decision by one of the department stores, that originally intended to build his own store, to have the developer build that store for him and then lease it from the developer. That made a very substantial difference in the ability of the developer to undertake the project, because that was a change in his private cost. The situation was evaluated by the Agency's consultants, Keyser Marston Associates, and it was determined the developer would no longer be able to afford the original land price that he had proposed to pay. The reasonable cost to the developer for that opportunity was substantially less. That meant that the Redevelop- ment Agency would have a smaller sum of money from the sale of land that it was to acquire for the shopping center. Therefore, there would be a problem getting the Agency to provide sufficient funds to carry out its obligations. The developer went back to look at the site to see what could be done to reduce the cost to the Redevelopment Agency so that no additional funds would be required from the Agency in order to fulfill its obligation. At that point Mr. Cal Hollis became involved. He reviewed what was now being asked of the Agency. A way was worked out so that the Agency could Bakersfield, California, March 16, 1981 - Page continue to participate and assemble a site within the budget limitations that existed. A proposal was made to reduce the site which would reduce the cost of acquiring the land and relocating the occupants of that site. It became necessary to pull all that together, rather hastily, so that when the time came for the December review we did not have every letter in place and HUD held the proposal over for the March review period. This is a rather dynamic process. The figures do not remain the same, things are always changing and we are trying to keep the UDAG Program people advised of where the project stands at the present time. Each quarter the costs and sources of income. need to be verified to make sure they are still true or revised to bring them up to date. The project is substantially the same except, at this point, instead of there are three. Mr. Dan Donahue, four department stores being committed President of John S. Griffith Company, stated when the plans were first submitted they encompassed three additional City blocks, to the west of the project as it is now proposed. There were also two other parcels to the north, running south of Highway 178. In the original scheme there were five department stores, however, because of problems encountered by Montgomery Wards, in their capital expenditure budgets, they were deleted from the project. As a result John S. Griffith Company has finalized agreements with their joint venture partners. The May Company has a proposal for a 2 level store of 120,000 square feet. Gottschalk's is planning a 80,000 square foot store, which may be expanded to 90,000 square feet. Today verbal approval was received from J. C. Penney's for a 2 level 136,000 square foot store. There is also a site in the middle of the center for a fourth major store, 2 levels with 80,000-90,000 square feet, and that will be deter- mined as the development goes ahead. There are four or five potential prospects for this site. The remainder of the center will contain Bakersfield, California, March 16, 1981 - Page 12 271,000 square feet and have approximately 125 shops. The entire center will be two levels with four major department stores and 125 shops. There will also be a 2 level, 3,500 car parking structure. Mr. Donahue then explained the traffic patterns around the shopping center and parking structure. Mr. Tim Kelley, representing Keyser Marston Associates, Inc., stated when the original UDAG Application went out, before the project changed, the land disposition value was estimated at $7,000,000 with the parking lease. Now the value is $3,000,000. There are a couple of major differences in the proposal. There will be one less department store and one department store has decided against building their own store. They will have the developer build it and then lease it back from them. Other than that the mall shop space is exactly the same as before. In the last year, with interest rates going up, the department store took the position that they were not going to absorb the increase, the developer will, and they will pay a fixed rent. The parking lease payment originally was $800,000 going to $900,000, and now it will be $722,000 going to $812,000. The reduction is due to the omission of one department store and pro rata reduction across the board for that store. In essence we feel the developer is paying a reasonable price, given the risk of the center, and the major changes were not unique. Mr. Cal Hollis, President of Katz, Hollis, Coren & Associates, Financial Consultants for the Redevelopment Agency, stated they have been working with the Redevelopment Agency and City of Bakersfield throughout this UDAG process. The changes that have been explained this evening have caused significant changes in the way a financing plan has been developed in order to put this together. The financing plan that is now proposed, for your consideration and explained in the information contained in the agenda package, is one which we feel is viable. It is one that meets the needs of this particular development, both from the BakerSfield, California, March 16, 1981 - Page 13 Agency's and City's perspective. What is being asked tonight is to basically give the staff permission to continue with the UDAG process, meaning completing this quarter's filing. The staff needs the Council's and Agency's input and that can be accomplished through the resolutions presented tonight £or adoption. Tonight is not the final decision, there will be a number of decisions later. The basic financing for this project is coming from thr~.e areas: (1) the developer who will pay the Agency $3,000,000 and an annual parking lease payment of $722,000 for the first four years, going to $812,000 for the balance of the lease; (2) the Federal Government is being asked to grant the City of Bakers£ield $7,500,000; and (3) the Redevelopment Agency is asking to use tax increments, generated by this development and other developments within the redevelopment project area, to fund the project. The primary mechanism for funding this project is a debt instrument called a Lease Revenue Bond. It is the exact type of financing used for the "K" Street Parking Garage. The Redevelopment Agency issues Lease Revenue Bonds to fund part of the acquisition and construction of the parking facility. This facility will be publicly owned by the Redevelopment Agency. The City will lease that garage from the Redevelopment Agency and agree to make an annual lease payment equal to debt service on the bond that was sold to finance the facility. The developer will agree to sublease the parking facility from the City and maintain and operate it at their cost. These leases typically run for a term of no less than 25 years and very often go to 50 years, with additional rights to extend the term. This will be a major long-term lease. The difference between what the developer pays the City and what the City must pay in its annual lease payment will be reimbursed to the City, annually, from tax increments generated by this development and other developments within the project area. Bakersfield, California, March 16, 1981 - Page 14 2f 5 This is the primary mechanism by which bonds will be sold for a total of $15,395,000, City of Bakersfield. Additional portions of secured by the lease from the the financing, beyond the $15,395,000 and in addition to the $3,000,000 the developer is paying, includes $7,500,000 in UDAG funds, $1,198,000 of interest earnings (interest earned on the bond proceeds during the acquisition and construction period), and a doferred compensation to the City of Bakersfield for the property owned by the City within the retail center site area. That site is tentatively valued at $500,000. This financing assumes that the City will convey that property to the Agency and that the Agency will book that into their accounts as a debt to be repaid at such time as tax increments are available. The final piece of financing, or source of funds, is funds that the Agency currently has on hand in its unappropriated balance. The sum of $1,156,000 has been allocated to this project and this is from cash the Agency currently has on hand that is not appropriated for other uses. The largest cost item is the acquisition of the property. In the summer of 1980 the Agency commissioned four local Real Estate Appraisers to appraise the entire 40 acre site. That was completed and the estimate, at that time, for acquisition was $16,020,000. We have, since that time, reduced the site to 30 acres and reduced, from the original appraisal total, those blocks that were excluded from the site and applied an inflation factor to the remaining balance. That is how we arrived at the $12,607,000 that is now the current estimate for acquisition. The relocation cost was formally estimated by the Agency's Relocation Consultants, Port & Flor, at $3,421,000. We asked them to look at the revised site and revise their estimate to reflect a smaller site. The estimate is now $3,145,000. That also includes an escalation for the passage of time. Bakersfield, California, March 16, 1981 - Page 15 Demolition-site preparation and on and off site improve-- ments have been re-estimated, as of this month, by the City staff and those figures have been used. The garage facility will be a very simple structure, one level above grade. The developer obtained an estimate, this week, for that parking facility at $6,000,000. In negotiations with the developer it has been the Agency's position that any increase above the $6,000,000 would be the developer's responsibility. The last major item of cost is $4,600,000 and called funded interest or sometimes called prefunded interest or capitalized interest. The Agency will sell the bonds 2 years prior to the time the facility is completed and the City cannot start making lease payments on a facility that does not exist. During that 2 year period the bond holders will expect to be paid interest on the money they are loaning to the Redevelopment Agency. It is standard practice, in a situation like this, to use bond proceeds to pay interest during this period. In a private development nomenclature that would be referred to as construction interest. It is money that is borrowed to pay interest during construction period. While the borrowed money is being held by the Agency it is invested and earns interest and that interest is available to the Agency for this project. That interest is estimated to be $1,198,000. The total amount of capital being invested, either directly contributed by the private sector or supported by private sector payments, is $72,545,000, or 84% of all the money being put into the project. The Redevelopment Agency is placing $1,156,000 of its own funds into the project and issuing bonds, supported by tax increments from the balance of the project area, in the amount of $3,057,000, for a total of $4,200,000 of public funds not supported by this particular development. The City of Bakersfield is asked to put in $500,000, in the form of land it currently owns. The Federal Government is asked to put in $7,500,000 of UDAG funds. Bakersfield, California, March 16, 1981 - Page 16 267 Interest earnings of $1,198,000. The total from all sources is just under $86,000,000. Mr. Skip Witham, representing the Downtown Business Association, asked a question about funds generated by the Redevelop- ment Agency within the Downtown Improvement District. Mr. Larry Moxley, Chairman of the Governmental Review Committee of the Chamber of Commerce, stated they wholeheartedly support this project and are present tonight to encourage the Council and citizens to stand behind the project. Mr, John Corcoran, 201 Wetherly Drive, stated he is concerned about what this project will ultimately cost the City o£ Bakersfield and asked several questions about the public financing of the project over a 25-50 year length of time. Agency Member Bilas expressed his concerns about the entire project, not the initial funding or UDAG funds, but the long-term prospect for survival of the downtown mall. Dr. Bilas stated he is scared to death of public-private enterprises, because they become public enterprises. The free enterprise system should be preserved in its purest form, if possible. His philosophical belief is that subsidies are not necessary. He stated he is all for what is being done, but not at a cost to the taxpayers of the City of Bakersfield or the U.S.A. Councilman Christensen, speaking in opposition, made the following prepared statement and requested that it be spread in the minutes: It seems paradoxical, if not hypocritical, that some of the people in our community who strongly support a program to get government out of business, even voted for a President who chafed at the bit and said that, have suddenly changed their minds and want this Council to support a request for $7,500,000 of Federal grant to build a downtown mall. It seems that the guiding principal of whether government should be in business or not, is whether it is pro- fitable for a particular individual or a group. A great philosopher once stated that "truth is truth so long as it works, when it no longer Bakersfield, California, March 16, 1981 - Page 17 works it is no longer truth." When private enterprise has to call on government for help then private enterprise is no longer working or truth. It was Shakespeare who, through one of his characters stated "Oh consistency, thou art a jewel," philosophy. The government is like a dope pusher today, he has made everyone become addicted. This applies to conservatives and liberals alike. In looking at the audience I've never seen so many conservative solialists sitting out there. How in good conscience can the government cutoff the income of needy children and turnaround, giving millions to the business community for beautification, expansion and not for survival. Beautification should be left up to the individual owner and not milked out of the taxpayer. In conclusion, I should like to state the pushers or advocators of the downtown mall all have something to gain without spending a nickel. Furthermore, want the taxpayers to finance their speculative pro- ject and guarantee the bonds. There is a lot more I could say. I hope I've expressed the honesty, the goodwill of the Second Ward. I thank you. During a very lengthy discussion, Mr. Tom Schriber, Executive Vice-President of John S. Griffith Company, answered some questions about the package for HUD for the UDAG funds and traffic in the surrounding area. Councilman Strong stated he is concerned about the un- certainty of the acquisition costs. Public costs over the next 25 years will be at least $35,000,000 and the City will be liable for another $20,000,000, in addition to all the money that has gone into the project so far. Something should be done in this area, but he stated he is not sure this is the answer. Councilman Strong also stated he is not going to be rushed or stampeded into making a decision which will be a liability on this community for the next 25 years and he urged that every Councilman take this into consideration. Upon a motion by Councilman Christensen a brief recess was declared at 11:45 P.M., in order to change the tape on the recording equipment. The joint meeting was reconvened at 12:00 Midnight. Upon a motion by Councilman Means the staff was requested to prepare a Housing Plan for the Downtown Area for all income Bakersfield, California, March 16, 1981 - Page 18 2f;9 levels with timetables and specific numbers to be presented to the Agency and Council for approval, by the following roll call vote: Ayes: Councilmen Barton, Means, Rockoff, Strong Noes: Councilman Ratty Absent: None Abstaining: Councilmen Christensen, Payne Adoption of Resolution No. 19-81 of the Council of the City of Bakers- field setting forth the intent of the City Council to sell certain real property to the Bakersfield Redevelopment Agency and to lease public parking facilities in con- nection with the development of the Downtown Bakersfield Retail Center, subject to a condition. Upon a motion by Councilman Barton, Resolution No. 19-81 of the Council of the City of Bakersfield setting forth the intent of the City Council to sell certain real property to the Bakers- field Redevelopment Agency and to lease public parking facilities in connection with the development of the Downtown Bakersfield Retail Center, subject to a condition, was adopted by the following roll call vote: Ayes Noes Councilmen Barton, Means, Ratty, Rockoff Councilmen Christensen, Strong Absent: None Abstaining: Councilman Payne Adoption of Resolution No. RA1-81 of the Bakersfield Redevelopment Agency (The "Agency") setting forth the Agency's intent to accept a Revised Development Proposal from Bakersfield Associates and to issue Lease-Revenue Bonds to finance a portion of the public costs for the Downtown Retail Center Development subject to certain conditions. Upon a motion by Agency Member Foth, seconded by Agency Member Winer, Resolution No. RA1-81 of the Bakersfield Redevelopment Agency (The "Agency") setting forth the Agency's intent to accept Bakersfield, California, ~arch 16, 1981 - Page 19 a Revised Development Proposal from Bakersfield Associates and to issue Lease-Revenue Bonds to finance a portion of the public costs for the Downtown Retail Center Development subject to certain conditions, was adopted by the following roll call vote: Ayes Agency Members Casper, Foth, Mooneyham, Winer Noes None Absent: Agency Members Bilas, Lewis, Puder ADJOURNMENT Agency Chairman Casper adjourned the joint meeting between the Council of the City of Bakersfield and Bakersfield Redevelopment Agency at 12:10 A.M. RECESS Upon a motion by Councilman Means, the Council recessed the regular meeting at 12:10 A.M., until Wednesday, March 18, 1981, at 8:00 P.M. MAYOR of City of Bakersfield, Calif. ATTEST: CITY CLEI Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, March 18, 1981 27! Minutes of a recessed meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., March 18, 1981. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: ~layor SheI1 (seated at 8:05 P.M.). Councilmen Barton, Christensen, Payne, Ratty, Rockoff, Strong Absent: Councilman Means NEW BUSINESS Proposals regarding Agreement with the Kern County Economic Opportunity Corporation for operation of a Senior Citizens Center. City Manager Kelmar stated the Council and staff have been working diligently to reach a positive solution to the project of a Senior Citizens Center. The following are four alternatives for Council consideration: Accept K.C.E.O.C.'s proposal to build a center with administrative offices, pay $25,000 to furnish the building and pro- vide $30,000 for operating costs. o Build a center without an agency operating agreement, with the idea of securing an operator prior to completion of construction. Renovate California Avenue Facility to accommodate senior programs and contract with K.C.E.O.C. to operate the entire facility. o Drop the Senior Citizens Center Project entirely and reprogram the funds into other eligible Community Development activities. HUD has imposed a deadline that requires a positive action or face the prospect of having to reprogram the funds for another purpose. Any decision made by the Council should be based on having all the necessary information. Such a decision should also carry with it the confidence that it is feasible and workable. Alternate No. 3 is one which very recently came to the fore, and as a result requires more analysis and study as to its 272 Bakersfield, California, March 18, 1981 - Page 2 feasibility before the Council acts on it, one way or another. Mr. Kelmar stated he is unable to make a recommendation on Alternative No. 3 at this time. As a result the following alternative is offered: The City Council authorize the staff to purchase an option on a site for a Senior Citizens Center and request staff to study the ramifications and feasibility of Alternative No. 3 and report back to the Council within 30 days. This will preserve the integrity of the funds allocated for the Center and provide the Council with the necessary infor- mation on which to base its decision. Councilman Christensen made a motion to authorize the staff to purchase an option on a site for a Senior Citizens Center and request staff to study the ramifications and feasibility of Alternative No. 3 and report back to the Council within 30 days. Mrs. Ann Rieniets, 1104 Quantico Avenue, stated they want a new senior citizens building, one built especially for that purpose. They want it to contain everything necessary for senior citizens. Geneva Burns, Volunteer Worker for the Senior Citizens Center, read the £ollowing statement: On behalf of the Senior Citizens in Bakersfield, we are asking that the Multi-Purpose Senior Citizens Funds be used to build a Multi-Purpose Senior Center. If this money that has been allowed to build a Senior Multi-Purpose Center be denied then a letter will be sent to HUD asking them to send a representative to repre- sent this matter. We have been coming before this City Council for the last five (5) years, pleading and pleading for a Multi-Purpose Center. We know the money is there, and we want it to be spent for this purpose. We are in our rights because the money was placed there for this purpose. We are again asking that you be in favor of having this center built. We feel that if this center is allowed to be built that it would be self-supported with the greenhouse and the gift shop. A money profit activity which is also available to utilize the center, and also grant money that are allowed under various titles. Eunice Tate, Volunteer Worker for the Senior Citizens, requested that the Council get the Senior Citizens Center built, because they really need it. Bakersfield, California, March 18, 1981 - Page 3 ' 73 Mr. James Davis encouraged the Council Citizens Center built as soon as possible. Maudie McCampbell encouraged the Council to approve a Senior Citizens Center near public transportation, that has easy access. Raymond Hawkins expressed his opposition to putting the Senior Citizens Center in California Avenue Park Neighborhood Facility because the young people would have no place to go. Assistant City Manager-Personnel Russell, in answer to a question by Councilman Rockoff, stated the staff has been assured, by HUD, that if the City has an option to purchase the property completed by the end of March, 1981, the money will be set aside for that purpose. Councilman Strong stated the senior citizens deserve the building they want and he hopes the project moves forward without any further delays. Councilman Strong requested that Councilman Christensen amend his motion to instruct the sta£f to study the feasibility of all four alternatives, rather than isolate their attention on Alternative No. 3. Councilman Barton requested that when this report comes back to the Council, within 30 days, that staff invite K.C.E.O.C. here to respond and discuss the alternatives they are involved in, especially Alternative No. 1. City Manager Kelmar stated the staf£ had no intention of limiting the study to Alternative No. 3, but that was the one he felt, at this time, needed particular scrutiny. Mr. Lynn Edwards requested that the four alternatives be explained. Mayor Shell read the alterantives to the audience. Councilman Christensen's amended motion that staff be authorized to purchase an option on a site for a Senior Citizens to get the Senior 274 Bakersfield, California, March 18, 1981 - Page 4 Center and study the ramifications and feasibility of all the alternatives and report back to the Council within 30 days, carried by the following roll call vote: Ayes: Councilmen Barton, Christensen, Payne, Ratty, Rockoff, Strong Noes: None Absent: Councilman Means ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:35 P.M. MAYOR of Bakersfield, Calif. ATTEST: CITY CLER~~d' Off~rk of the Council of the City of B~kersfield, California ma Bakersfield, California, March 25, 1981 27. Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., March 25, 1981. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and the Invocation in the form of a prayer submitted by Pastor Owen P. Jones of the Bakersfield Central Seventh-Day Adventist Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Christensen, Means, Payne, Ratty, Rockoff, Barton Absent: Councilman Strong Minutes of the regular meeting of March 11, 1981 were approved as presented. Council Mr. about SCHEDULED PUBLIC STATEMENTS Jack Winter, 206 Pacific Street, addressed the the hazards of the sodium street lights. CORRESPONDENCE Upon a motion by Councilman Payne, the Kern County Museum, dated March 13, 1981, and their families to attend the 14th Annual Pioneer Village, April 25 & 26, 1981, was received and ordered placed on file. Upon a motion by Councilman Ratty, Francis A. Moore, Jr., dated March 17, 1981, nation from the Business Tax Appeals Board, was received, the resignation accepted and the Mayor was requested to send a letter of appreciation for his years of service to the City. Upon a motion by Councilman Means, communication from the Kern County Broadcasters Association, dated March 19, 1981, supporting open Council Committee Meetings, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from the Bank of America Building, dated March 19, 1981, regarding communication from inviting the Council Heritage Days at communication from submitting his resig- Bakersfield, California, March 25, 1981 - Page 2 proposed parking garage on the corner of 18th and "K" Street, was received and referred to the Business Development and Parking Committee and Redevelopment Agency's Parking Committee. Upon a motion by Councilman Barton, communication from Golden Empire Chapter of the American Institute of Architects, dated March 20, 1981, regarding establishment of a Citizens Review Committee to hear written appeals brought by any person regarding action taken by the Building Department in the enforcement of Health and Safety Code requirements for access to public accommo- dations by physically handicapped persons, was received and referred to the Business Development and Parking Committee. COUNCIL STATEMENTS In answer to a request by Councilman Christensen, Public Works Director Hawley reported that the contract for the Chester Avenue Undercrossing was awarded to James Francis on January 12, 1981. The project required the successful contractor to enter into an agreement with Southern Pacific Railroad to work around the railroad tracks. This agreement involved the contractor's work schedules, construction of shoofly, method of shoring, bonding, etc. There has been a problem in working out this agreement, how- ever, a representative of the Southern Pacific Company has indicated it is now complete and will be signed by March 30, 1981. The Separation of Grade District has possession of all required proper- ties. The shop building has been removed and a preconstruction conference was held on March 13, 1981, with all utility companies, contractor, inspectors and all interested persons regarding actual construction of the project. The official construction time began March 17, 1981, and the estimated completion date is around the en.~ of December, 1981. Councilman Christensen made the necessary correspondence to State a motion that the Mayor writ,~ Senator Stiern and Assembly- man Rogers expressing the Council's opposition to SB 314 (Dills), Bakersfield, California, March 25, 1981 - Page 3 which would institute compulsory and binding arbitration in the City's collective bargaining process. Councilman Means offered a substitute motion that any action on SB 314 be deferred until next week so the Council can receive input from the public. Councilman Christensen indicated there was an urgency in this matter, because it is his understanding the bill will be acted upon this month and by next week it will be too late. Councilman Christensen then withdrew his motion. In response to a question by Councilman Ratty, Assistant City Manager-Personnel Russell stated, in accordance with instructions from the Council to take an option to purchase property for a Senior Citizens Center, the staff is proposing to purchase an option on the Bakersfield Association of Retarded Citizens'property near 4th and "P" Streets and groups of senior citizens have been taken to the facility to get feedback so the April 1st deadline can be met. The senior citizens are in agree- ment with this option and the price is well within the range of funds available. The staff is planning on moving ahead with the option and would like Council concurrence. After considerable discussion, upon a motion by Council- man Ratty the staff was authorized to enter into an option of $1,000 for the Bakersfield Association of Retarded Citizens' property located at 530 - 4th Street, for a period of 45 days, by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: Councilman Strong Upon a motion by Councilman Means, the Mayor was authorized to submit a letter to the Public Utilities Commission requesting that the City of Bakersfield's hearing regarding Bakersfield, California, March 25, 1981 - Page 4 residents automatically receiving Lifeline Rates, be heard separately from OII-77, carried by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: Councilman Strong Mayor Shell urged the Council to appoint a legislative representative to study and make recommendations on pieces of legislation. REPORTS Fire & Development Services Director Needham reported on the status of the Fire Station Location Study, as follows: The City-County Fire Station Location and Level of Service Study is being conducted by the firm of Gage-Babcock & Associates of San Francisco. All initial data gathering was completed by both City and County Fire Department staff and received by Gage-Babcock & Associates in the 2nd week of January, of which they began the analysis process right away. On February 9, Gage-Babcock & Associates arrived in Bakersfield to conduct the required field work necessary for the study, which was successfully carried out during that week. The Gage-Babcock staff returned to San Francisco with the data gathered in their field study, which is presently being studied and analyzed with the data initially sent to them by the City and County Fire Departments. On March 10, Mr. Paul Smith, President of Gage- Babcock & Associates, interviewed the City Manager and myself regarding many aspects of the City's fire services. The following day he interviewed County staff and other City staff. During a telephone conversation with Mr. Paul Smith on Wednesday, March 18, he stated the study is on schedule and Gage-Babcock's final report will be submitted on or before May 31, as per the agreement to the Intergovernmental Relations of the City and County for their study and recommendation to the City Council and Board of Supervisors. Fire & Development Services Director Needham reported on the status of the Cost Revenue Model, as follows: As an effort to keep the Council informed of the cost revenue study by Quad Consultants and Bakersfield, California, March 25, 1981 - Page 5 279 Center, Diametrics, the staff recently met with Mr. Harry Tow of Quad Consultants for an update, which is as follows: ao Approximately 90% o£ the initial data collection is completed relating to the areas to be addressed by the study. Some data refinements are presently in progress and once the base data has been assembled, a review by the City's Project Management Team will take place. Quad & Diametrics will continue to work with City staff to attain operational status of the model by the scheduled May 3 completion date. The Budget Review and Finance Committee informed the consultant that at an early and appropriate date the Committee would like to review and advise, if appropriate, regarding program input and/or output parameters, and that a represen- tative group of local developers/realtors/builders be invited to an educational session prior to product submittal to the Council for action. To assure that responsible City staff and City Council remain completely up to date on project status during the coming weeks, the consultant is submitting a weekly update, outlining pro- gress and/or problems for the duration of the project. City Attorney Oberholzer reported on the Downtown Shopping as follows: Yesterday he spoke to Mary Allman of the UDAG Office in Washington, D.C., and she indicated that on Monday the staff made a presentation to the Acting Assistant Secretary of HUD. In that presentation they reported that the Bakers- field application did not meet all of the requirements of the UDAG Of£ice. They were specifically concerned about Penney's commit- ment. It was felt Penney's is an essential store in the project. Penney's Committee on Capital Expenditures does not meet until to- morrow. The latest word from the City's Legal Counsel came this afternoon and they said the UDAG Office said to go ahead and submit the determination from Penney's Committee on Capital Expenditures, when completed tomorrow. Consequently the application, as Mrs. Allman indicated has not been officially or finally rejected. She did indicate she felt the application would probably be in a fundable condition within the next couple of months, that being in the next quarter. Their deadline for submission this quarter was 5:15 P.M., last Friday, March 20, 1981. Mrs. Allman indicated that the application was definitely closer than it has ever been and Bakersfield, California, March 25, 1981 - Page 6 that is the result of the developer working very hard. She also said she has never seen an application on a large shopping center complex go through, yet, on the first round, because applications are generally deficient in several areas. One thing everyone who has worked on this project is concerned about is that we now have, hopefully, after tomorrow, the total commitment from three major stores to enter into the City of Bakersfield's Shopping Mall. It is important that the City of Bakersfield not lose these department stores regardless of what happens with the UDAG application. It is probably important that these stores know that the Cit~ is willing to consider all of the alternatives. Adoption of Resolution No. 20-81 of the Council of the City of Bakers- field stating that the City is com- mitted to pursuing a Downtown Retail Center that will include May Company, Penney's and Gottschalk's and toward that end requests that the staff evaluate all possible alternatives, including further pursuit of funding through UDAG, and further that the staff notify May Company, Penney's and Gottschalk's that the City is ready to provide any feasible assistance so that they can locate in a Downtown Shopping Mall. Mayor Shell announced that Councilman Payne would not participate in this matter due to a real or imaginary conflict of interest. Councilman Means made a motion to adopt Resolution No. 20-81. Councilman Christensen stated he is in favor of a down- town mall that is built by the free enterprise system and not by Federal funds and requested that a clause to that effect be inserted in the resolution. Councilman Means stated he would not include that clause because he does not intend to eliminate that alternative. Upon a motion by Councilman Means, Resolution No. 20-81 of the Council of the City of Bakersfield stating that the City is committed to pursuing a Downtown Retail Center that will include May Company, Penney's and Gottschalk's and toward that end requests Bakersfield, California, March 25, 1981 - Page 7 that the staff evaluate all possible alternatives, including further pursuit of funding through UDAG, and further that the staff notify May Company, Penney's and Gottschalk's that the City is ready to provide any feasible assistance so that they can locate in a Down- town Shopping Mall, was adopted by the following roll call vote: Ayes: Councilmen Means, Ratty, Rockoff, Barton Noes: Councilman Christensen Absent: Councilman Strong Abstaining: Councilman Payne Councilman Christensen, in clarifying his negative vote, stated he does not oppose the downtown mall and every advantage possible should be taken, except using Federal funds. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5673 to 5897, inclusive, in the amount of $493,314.37. (b) Notices of Completion and Acceptance of Work for: A. C. Pavement on portions of Gosford Road, White Lane and Lily Drive, Contract No. 81-7 with Granite Construction Company. Reconstruction of Palm Street Sewer between Myrtle Street and Pine Street, Contract No. 80-205 with San Joaquin Construction. Tract No. 4220, Contract No. 80-108 with Tenneco Realty Development Corporation, located at White Lane and Ashe Road. Parcel Map No. 5715, Contract No. 81-15 with Tenneco Realty Development Corpora- tion, located at Mohawk Street, west of California Avenue. (c) Application for Encroachment Permit from Southern Pacific Transportation Company, P.O. Box 3036, Bakersfield, for con- struction of railroad tracks across Ashe Road, 740 feet north of District Boule- vard. Public Works recommends approval pursuant to California Public Utility Commission's requirements for new grade crossing. Bakersfield, California, March 25, 1981 - Page 8 (d) Application for Encroachment Permit from McCarthy Tank & Steel Company, 3030 "M" Street, for construction of an 8 foot high wall 3½ feet into the right-of-way along west side of Jewett Avenue between 30th Street and 32nd Street. Public Works Department recommends approval with the condition that two large evergreen shrubs adjacent to north end of wall are removed for sight distance at driveway. (e) Contract Change Order No. 9 to Contract No. 80-48 with Granite Construction Company for the Truxtun Avenue Extension, Phase I, FAU Project No. M-F 252(1). This Change Order is necessary to widen the levee from Station 122+00 to 139+00 from fifteen feet to twenty feet to pro- vide additional width to facilitate vehicle access and to construct 32 L.F. of metal beam guard railing at Station 27+00 on Gosford Road to conform with Caltrans requirements. The Change Order increases the contract $4,462.50. The total contract price as a result of this increase is $2,959,721.37. (f) Contract Change Order No. 1 to Contract No. 81-7 with Granite Construction Company for A.C. Pavement on portions of Gosford Road, White Lane and Lily Drive. This Change Order is necessary due to the widening of Gosford Road at the Ming Avenue intersection to comply with a standard which was approved after the project was under contract. The Change Order increases the cost of the contract $3,873.84. Total contract price as a result of this increase is $263,950.86. (g) Agreement between Dean & Adah Mae Gay, First Baptist Church and Kern River Canal and Irrigation Company (owned by the City of Bakersfield) providing that approxi- mately 800 feet of 1-2-0 lateral of the Kern River Canal and Irrigaiton Company be converted from open-ditch to 36" RCP buried pipeline in and along existing easement and right-of-way, Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e), (f) and (g) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Barton Noes: None Absent: Councilman Strong Bakersfield, California, March 25, 1981 - Page 9 ACTION ON BIDS Upon a motion by Councilman Ratty, bid for lease of property located at 1611 and 1612 "S" Street, was rejected and the Purchasing Division was authorized to readvertise for bids. Upon a motion by Councilman Christensen, Purchasing Division of the Finance Department was authorized to enter into Discount Agreements with Bowman Distribution and Center Glass for miscellaneous supplies. DEFERRED BUSINESS Adoption of Ordinance No. 2632 New Series of the Council of the City of Bakersfield adding Chapter 1.30 to ~he Municipal Code, creating the Bakersfield Water Board, and estab- lishing the powers and duties of said Board. City Attorney Oberholzer outlined several changes that were made to the ordinance. Councilman Rockoff questioned the wording in Section 1.30.020 Subsection 8 "and to sell" and Subsection 11 "other than by sale." City Attorney Oberholzer stated the wording in Subsection 8 "and to sell" should be removed. Upon a motion by Councilman Payne, Ordinance No. 2632 New Series of the Council of the City of Bakersfield adding Chapter 1.30 to the Municipal Code, creating the Bakersfield Water Board, and establishing the powers and duties of said Board, with the removal of the wording "and to sell" from Section 1.30.020 Sub- section 8 and other changes as outlined by the City Attorney, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Barton None Councilman Strong Means, Payne, Ratty, Rockoff, Bakersfield, California, March 25, 1981 - Page l0 Approval of Negative Declaration for proposed amendment to Agreements between Olcese Water District and the City of Bakersfield relating to use o£ the City's 2,800 acre spreading facility on the Kern River. On November 9, 1977, the City entered into an agreement with Olcese Water District £or the spreading and recovery of Kern River water, which was amended on June 27, 1978. A further amend- ment is now proposed, which would permit Buena Vista Water Storage District to exercise certain rights now held by the Olcese Water District to facilitate a water exchange between those entities, which is intended to provide a supplemental firm water supply for the Rio Bravo Annexation area. The amendment also brings the existing agreements into conformity with recently negotiated arrangements, which will result in the transfer of certain Kern River water rights to the Olcese Water District. To facilitate the exchange it also provides the Buena Vista District with limited priority spreading and recovery rights. Action on the Negative Declaration was continued until March 25, 1981, pending consent of the State of California Districts Securities Division. Staff has responded to comments made on the Negative Declaration and documented reasons for supporting the Negative Declaration. Letters were received from Rosedale - Rio-Bravo Water Storage District, 2623 "F" Street, Suite L, Bakersfield, dated March 25, 1981, and Law Offices of Greet & Alexander, ll0 Maple Avenue, Rocky Mount, Virginia, dated March 24, 1981, opposing the Negative Declaration. Mr. Stanley Hatch, Special Water Counsel for the City of Bakersfield, stated the Negative Declaration is a result of an environmental analysis which was initially prepared by Mr. Thomas Stetson, Consultant. It is an environmental analysis of a proposed agreement between the Olcese Water District and City, related to the use of the City's 2,800 acre spreading facility. The comments received by Kern Delta and Rosedale - Rio Bravo are discussed in Bakersfield, California, March 25, 1981 - Page ll detail and responded to by Mr. Stetson's Office. The letter received from Greer & Alexander indicating they are the plaintiffs in a case of River West vs. the State of California and others which involves a lawsuit that challenges certain water rights on the river, makes eight separate points relating to the transfer of water rights. ]in response to this, for the record, the transfer of water rights is not the subject of the amendment to the contract, which is currently being environmentally analyzed. Spreading of water by Olcese was the subject of a contract, designated 77-07 W.B., which was environ- mentally analyzed in 1977 and which is final. Actually water has been spread since 1977, pursuant to that contract. It is recom- mended that this letter along with the other letters be included in the file relating to the Negative Declaration. Upon a motion by Councilman Barton, Negative Declaration, with responses to comments including amendment to project descrip- tion, for proposed amendment to Agreements between Olcese Water District and the City of Bakersfield relating to use of the City's 2,800 acre spreading facility on the Kern River, was approved. 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 commonly known as 1027 East Truxtun Avenue. The application for this amendment was made by Domenico J. Scatena and would change subject property from an R-3 (Limited Multiple Family Dwelling) Zone to an M-1 (Light Manufacturing) Zone. The Planning Commission recommended approval of the amendment. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 1027 East Truxtun Avenue. Bakersfield, Cali£ornia, March 25, 1981 - Page 12 First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of South "H" Street, south of Panama Lane, and lying on the north side of the Arvin-Edison Canal. The application for this amendment was made by Carl R. Moreland and would change subject property from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission recommended approval of the amendment. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of South "H" Street, south of Panama Lane, and lying on the north side of the Arvin-Edison Canal. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of District Boulevard and Ashe Road. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an M-1-D (Light Manufacturing - Architectural Design) Zone to an M-2-D (General Manufacturing - Architectural Design Zone. The Planning Commission recommended approval of the amendment. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of District Boulevard and Ashe Road. Approval of Funds for construction of Interim Wastewater Facilities at Wastewater Treatment Plant No. 3. Bakersfield, California, March 25, 1981 - Page 13 On March 4, contract with P. at Plant No. 3. that sufficient Fund. However, 1981, the Council authorized a $1,160,000 R. Field, Inc., to construct interim facilities This authorization was based on the understanding funds were available in the Southwest Sewer Bond subsequently it was discovered only $900,000 was available, thus resulting in a deficit of $260,000. The contract with P. R. Field, Inc., could be changed to accept Alternate B, which would delete the headwork modification and reduce the contract by $280,000. However, when this portion of work is added later, the cost will be approximately $450,000. The staff has determined that the necessary funds are available in the Water Department's budget and in the Sewer Enter- prise Account from Sewer Connection Fees. Staff recommends that these funds be used to fund the deficit. Approval is requested for the use of $200,000 in Water Department funds and $130,000 in Sewer Enterprise funds. The request is for an amount in excess o£ contract deficit to allow some funds £or funding contingencies and any additional consultant engineering assistance which could be necessary during the course of the project. Upon a motion by Councilman Means, use of Water Depart- ment funds, in the amount of $200,000, and Sewer Enterprise funds, in the amount o£ $130,000, to fund construction o£ the Interim 3, was Waterwater Facilities at Wastewater Treatment Plant No. approved. Approval of Agreement between the City of Bakersfield and Thomas E. Berg £or Construction Inspection Services on the Chester Avenue Underpass Project. The inspection services of Mr. Berg are necessary for the Chester Avenue Underpass Project. This project involves major structural work for an underpass at the Southern Pacific Railroad and requires an inspector with special knowledge and expertise in this type of work. Mr. Berg will inspect all phases of construction and process all necessary forms and reports in accordance with City Bakersfield, California, March 25, 1981 - Page 14 and State regulations. The insepction fee will be $31.00 per hour for the duration of the project, estimated to be 10 months. Suffi-- cient funds are available in the current budget for this service. Upon a motion by Councilman Christensen, Agreement between the City of Bakersfield and Thomas E. Berg for Construction Inpsection Services on the Chester Avenue Underpass Project, was approved and the Mayor was authorized to execute same. HEARINGS This is the time set for public hearing be£ore the Council on an Appeal by Kern River Development, Inc., to the decision of the Planning Commission denying its application regarding public access to the Kern River from Tentative Tract No. 4179-A, located east of Rancheria Road and west of the Kern River, approximately one mile north of Highway Route 178. This hearing has been duly advertised and the property owners have been notified as required by law. Following discussion at the Planning Commission Meeting of March 5, 1981, findings were made that no easement for public access to the Kern River was proposed or provided by the subdivider from a public highway through the subdivision to the river or along the banks within the subdivision, and that no reasonable public access to the river exists within a reasonable distance from the subdivision. Accordingly, the Planning Commission recommended denial of the map. A letter was received from George W. Nickel, Jr., 6200 Lake Ming Road, dated March 24, 1981, suggesting that the public interest would be better served if the Council appointed a committee of Councilmen and staff members to check points brought out in the letter and report back to the Council two weeks from tonight. Mayor Shell declared the hearing open for public partici- pation. Mr. George Nickel, with the aid of a map, pointed out some of the problems of the area and stated there is absolutely no Bakersfield, California, March 25, 1981 - Page 15 way they could agree to the Planning Commission's requirements and that is the reason for the appeal. Mr. Nickel stated they would provide public access at the mouth of Cottonwood Creek and they would provide transportation for the public to that area under a controlled situation for public safety. He suggested that a deter- mination or solution to the problem be found at the committee level. Mr. Freeman J. Taylor, stated he is also very concerned with public access to the Kern River and felt it should be retained all along the river. No one else wishing to speak in favor or opposition, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Councilman Christensen made a motion that due to a new Supreme Court decision, that has not been received by the City Attorney as yet, and Mr. Nickel's new proposal that the matter of public access to the Kern River from Tentative Tract No. 4179-A, located east of Rancheria Road and west of the Kern River, approxi- mately one mile north of Highway Route 178, be referred back to the Planning Commission and that they act in accordance with the new Supreme Court decision and take into consideration Mr. Nickel's new proposal. City Attorney Oberholzer stated that legally Councilman Christensen's motion cannot be done, because the matter has been appealed to the City Council and a decision must be made based on the public hearing, unless the appellant wants to rescind the appeal and go back to the Planning Commission. Councicilman Christensen amended his motion to table this appeal until detailed answers to the following questions are provided: 1. What is the cost of policing this body of water? 2.What would be the indemnity cost if someone fell into the river? 3. Since the surface laws of the rivers of California guarantee an individual the right to fish, does Mr. Nickel, as an individual, have the right to deny that right to fish? 290 Bakersfield, California, March 25, 1981 - Page 16 4. Does Mr. Nickel, as an individual, have the right to deny people the right to hike along the very edge of the river, when the river is down (we have the flow thing here)? 5. What is the cost of enforcing the life jackets? 6. What hours would this be open and what hours would it be closed? Fishing Licenses state people can fish from sunup to sundown. 7. What are the insurance and liability costs? 8. Who issues Access Licenses, what do they cost and what do they say? 9.What will the bus ride from Highway 178 down to the river and back cost? 10. How often will the bus run; every 15 minutes, every 10 minutes or once a day, etc.? Councilman Barton offered a substitute motion that the hearing on the appeal regarding the matter of public access to the Kern River from Tentative Tract No. 4179-A, located east of Rancheria Road and west of the Kern River, approximately one mile north of Highway Route 178, be held over until the Council Meeting of April 8, 1981; and this issue be referred to the Water and City Growth Committee along with Councilman Christensen's questions and that each Councilman submit questions to the Committee and a report be made back to the Council. This motion carried by the following roll Ayes: Noes: Absent: call vote: Councilmen Christensen, Means, Barton Payne, Ratty, Rockoff, None Councilman Strong There being no ADJOURNMENT further business to come before the Council, upon a motion by Councilman Christensen, adjourned at 9:50 P.M. MAYO~e/C~t~o~~ fl l~.v.~ u.~/~¢ ' y s 'eld, ATTEST~ . _ ~ CITY~CL~~x O~Clerk of the Council of the City of Bakersfield, California the meeting was Calif. ma