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HomeMy WebLinkAboutAPR - JUNE 1981Bakersfield, California, April l, 1981 29l 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., April 1, 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 Means, Ratty, Rockoff, Strong, Barton Absent: Councilmen Payne, Christensen Minutes of the regular meeting of March 16, 1981, and recessed meeting of March 18, 1981, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mrs. Anne Monroe, 3991 Marella Way, read an article that appeared in the Kern Herald, written by John Mossman, regarding "Sodom & Gomorrah," and presented a copy of a "Duck Book" to the Mayor. CORRESPONDENCE Upon a motion by Councilman Barton, communication from Sister Frances Webster, Bakersfield Catholic Social Services, dated March 23, 1981, urging the Council to take immediate action on the construction of a Senior Citizens Center, was received, ordered placed on file and staff was instructed to respond to the Bakers- field Catholic Social Services by updating them on what the Council has done up to this point in time. Upon a motion by Councilman Rockoff, communication from Priscilla J. Mueller, 2836 Summit Circle, dated March 25, 1981, withdrawing her request for annexation of property located north of the Kern River, east of Manor Street, was received and referred to the Planning Commission. Upon a motion by Councilman Ratty, communication from the California Regional Water Quality Control Board, Central Valley Region, dated March 26, 1981, regarding West Bakersfield Sewer Study, was received and referred to the Water and City Growth Committee. 292 Bakersfield, California, April 1, 1981 - Page 2 Upon a motion by Councilman Means, copies of communica- tions Donald F. Kurtz, 2444 Hasti Acres Drive, submitted to the California Public Utilities Commission regarding Pacific Gas and Electric Company's gas and electric rates, were received and ordered placed on file. Upon a motion by Councilman Means, communication from Pacific Gas & Electric Company, dated March 31, 1981, regarding a new program in the Bakersfield area called "Summertime Break," wa~ received and referred to the Energy Committee. Upon a motion by Councilman Barton, communication from Robert O. McCoy, Real Estate Broker, 3921 Stockdale Highway, dated March 31, 1981, requesting an amendment to the General Plan for property located on the west side of South Chester Avenue, south of Planz Road, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Adoption of Resolution No. 21-81 of the Council of the City of Bakers- field supporting Senate Bill No. 759 and Senate Bill No. 760 amending the State Laws relating to Pornography and the abatement of Pornographic Matter. Upon a motion by Councilman Barton, Resolution No. 21-81 of the Council of the City of Bakersfield supporting Senate Bill No. 759 and Senate Bill No. 760 amending the State Laws relating to Pornography and the abatement of Pornographic Matter, was adopted by the following roll call vote: Ayes: Councilmen Means, Ratty, Rockoff, Strong, Barton Noes: None Absent: Councilmen Payne, Christensen Councilman Barton reviewed a report from the City Attorney, dated March 27, 1981, regarding an Ordinance from the City of Arcadia that declares the commercial exploitation of lewd motion picture films and publications to be a public nuisance. Bakersfield, California, April l, 1981 - Page 3 Councilman Barton made a motion that the staff make a report, at the Council Meeting of April 8, 1981, on the cost of prosecuting pornography cases in-house rather than the District Attorney's Office and a public hearing be held to obtain input from the public as to whether or not the City should get actively involved in prosecuting State laws in the area of pornography and the District Attorney be invited to attend the hearing. City Attorney Oberholzer stated the District Attorney's Office prosecutes all State law violations and the Council should be aware of that. If the Council wants to change that policy then the City will probably have to establish a City Prosecutor's Office. Councilman Strong requested that Councilman Barton not place a time limit on this matter and allow the City Attorney time to discuss it with the District Attorney and come back to the Council with a recommendation. Councilman Means stated that if the Council really wants to be effective in this matter the City should lobby the State Legislators to come up with more restrictive laws. After considerable discussion, Councilman Means offered a substitute motion that any member of the Council or the Mayor be allowed to go to Sacramento and lobby the State Legislators to encourage the passage of State laws that will have some effect; at the Council Meeting of April 8, 1981, staff report on the cost of prosecuting pornography cases in-house rather than the District Attorney's Office; and a public hearing be held to obtain input from the public as to whether or not the City should get actively involved in prosecuting State laws in the area of pornography and the District Attorney be invited to attend the hearing. This motion carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Means, Rockoff, Barton Councilmen Ratty, Strong Councilmen Payne, Christensen Bakersfield, California, April l, 1981 - Page 4 Upon a motion by Councilman Strong, the Council will recess the regular meeting to an Executive Session at the end of tonight's meeting, to discuss upcoming salary negotiations with the City's negotiator. REPORTS City Attorney Oberholzer reported that SB 46 (Russell) is set for hearing on Monday, April 6, 1981, and this bill off- sets the disability retirement benefits paid to a person who obtains another job. It does not prohibit the person from obtaining another job, but if his/her combined salary from the disability benefits and job are greater than the salary for the position held with the City disability retirement benefits would cease. City Attorney Oberholzer requested that the Mayor be authorized to send the necessary correspondence indicating the Council's support of SB 46. Upon a motion by Councilman Ratty, the Mayor was requested to send the necessary correspondence indicating the Council's support of SB 46. Upon a motion by Councilman Strong, Police Cheif Price's appointment to the State Crime Control and Violence Commission, was approved; and time off necessary to participate in this organization was granted. City Attorney Oberholzer reported that next week the Council packets will contain an amendment to the Bingo Ordinance. The present Ordinance provides for the hours of operation, which is 6 hours in each 24 hour period. There is no control over the number of games allowed each week. Last year the City licensed 17 Bingo games; 95% of those operated i time per week and 5% operated 2 times per week. Recently applications have been received from organizations that want to operate as much as 6 days per week. Under the present Ordinance there is no way of prohibiting it. In order to put a stop to it the present Ordinance will have to be modified so that only certain number of days of Bingo per week, per organization, will be allowed. Bakersfield, California, April 1, 1981 - Page 5 295 CONSENT CALENDAR (a) Allowance of Claims Nos. 5898 to 5995, inclusive, in the amount of $123,906.15. (b) Claim for Damages from Brown Brothers Adjusters--Sally Sullivan, 3407 West 6th Street, Suite 500, Los Angeles, California. (Refer to City Attorney) (c) Access Easement from Nickel Enterprises providing access to the Kern River at Rancheria Road as required by the City Council for Tract No. 4009, located on north side of the river on the east side of Rancheria Road. Easement is located at southeast corner of the Kern River/ Rancheria Road intersection. (d) Water Line Easement from Terry L. Moreland, Peggy Moreland and Doug Anglen, as required for Parcel Map No. 4898, located west of California Avenue, south of Mohawk Street. (e) Notices of Completion and Acceptance of Work for: Tract No. 4221, Contract No. 80-167 with Tenneco Realty Development Corporation, located at Lily Drive and Monroe Lane. Tract No. 4222, Contract No. 80-168 with Tenneco Realty Development Corporation, located at Plaquemines Drive and Club Run. Tract No. 4223, Contract No. 80-169 with Tenneco Realty Development Corporation, located at Shelby Loop and White Lane. (f) Application for Encroachment Permit from Boyle Engineering, 2601 "F" Street, for construction of a 4 foot wide roof over- hang 9 feet above grade along north side of 26th Street, east of "F" Street. 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 Means, Ratty, Rockoff, Strong, Barton Noes: None Absent: Councilmen Payne, Christensen ACTION ON BIDS Upon a motion by Councilman Rockoff, low bid of Granite Construction, in the amount of $43,857, for resurfacing Auburn Bakersfield, California, April 1, 1981 - Page 6 Street and Maywood Drive, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bid was not accepted because it did not meet specifications and next low bid of Granite Construction Company, in the amount of $168,913.00, for Asphalt Concrete Pavement on Planz Road between South "H" Street and South Chester Avenue, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2633 New Series amending Title Seventeen o£ the Municipal Code of the City o~ 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. Upon a motion by Councilman Strong, Negative Declaration and Ordinance No. 2633 New Series amending 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 commonly known as 1027 East Truxtun Avenue, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Means, None Councilmen Payne, Ratty, Rockoff, Strong, Barton Christensen Adoption of Ordinance No. 2634 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 "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 Zone to an R-1 (One Family Dwelling) Zone. "A" (Agricultural) Bakersfield, California, April 1, 1981 - Page 7 297 Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2634 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 "H" Street, south of Panama Lane, and lying on the north side of the Arvin-Edison Canal, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Means, Noes: None Absent: Councilmen Payne, Ratty, Rockoff, Strong, Barton Christensen Adoption of Ordinance No. 2635 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 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 - Archiectrual Design) Zone to an M-2-D (General Manufacturing - Architectural Design) Zone. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2635 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 northeast corner of District Boulevard and Ashe Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: ~; Ayes: Councilmen Means, Ratty, Rockoff, Strong, Barton Noes: None Absent: Councilmen Payne, Christensen Bakersfield, California, April 1, 1981 - Page 8 NEW BUSINESS Adoption of Resolution No. 22-81 of the Council of the City of Bakers- field directing staff to make application to the California Energy Commission for a loan under the Energy Conservation Assistance Act of 1979 for conversion of street lights to high pressure sodium vapor lamps, and authorizing the Mayor to execute Loan Agreement consistent with application. This resolution sets forth action taken by the Council at the March 11, 1981, meeting in resolution form, as required by the California Energy Commission, and authorizes the Mayor to execute the Loan Agreement consistent with application, also required by that Commission. Upon a motion by Councilman Means, Resolution No. 22-81 of the Council of the City of Bakersfield directing staff to make application to the California Energy Commission for a loan under the Energy Conservation Assistance Act of 1979 for conversion of street lights to high pressure sodium vapor lamps, and authorizin~ the Mayor to execute Loan Agreement consistent with application, was adopted by the following roll call vote: Ayes: Councilmen Means, Ratty, Rockoff, Strong, Barton Noes: None Absent: Councilmen Payne, Christensen Acceptance of Final Report of Zoning Ordinance Review Advisory Committee (ZORAC), as revised, concerning revisions of Title Seventeen of the Municipal Code. ZORAC's Final Report has been considered by the Plannins: Commission, which, after noticed public hearing, at its meeting o~ March 19, 1981, implementation by the Council was recommended. Mrs. Sheryl Barbich, Chairman of ZORAC, introduced members of that Committee and thanked them for their time and effort. Upon a motion by Councilman Means, Final Report of the Zoning Ordinance Review Advisory Committee (ZORAC), as revised, Bakersfield, California, April 1, 1981 - Page 9 '299 concerning revisions of Title Seventeen of the Municipal Code, was accepted; City Attorney was instructed to prepare necessary ordi- nances implementing the report; and the Mayor was requested to write letters on behalf of the Council to members of the Zoning Ordinance Review Advisory Committee expressing appreciation for their services to the City of Bakersfield. Approval of Requests for Proposals (RFP) for Hotel Developers and the distribution. The final draft of the Request for Proposals for potential Hotel Developers was reviewed by the Redevelopment Agency during their March 24, 1981 meeting. The RFP was approved by the Agency with the direction that it would be forwarded to the City Council for review, recommendations and approval. Councilman Barton made a motion to approve the Requests for Proposals (RFP) for Hotel Developers and the distribution. During a lengthy discussion, Councilman Means stated he will not vote for the project until he knows how it fits into the plan the staff is developing for the downtown area. After further discussion, Councilman Barton's motion to approve the Requests for Proposals (RFP) for Hotel Developers and carried. Councilman Means voted in the negative the distribution, on this motion. EXECUTIVE SESSION The Council recessed to an Executive Session at 10:00 P.M. for consultation with the City's Labor Negotiator regarding salary negotiations. The regular Council Meeting was reconvened at 10:38 P.M. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Barton, the meeting was adjourned at 10:40 P.M. MAYOR of th~City of Bakersfield, Calif. ATTEST! ~ · ~ ~ . CITY CLE~RR~E/O~ff'ic~of the Council of the City of Bakersfield, California ma Bakersfield, California, April 8, 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., April 8, 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 Reverend L. W. Faulstick of the Grace Lutherart Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Absent: None Minutes of the regular meeting of March 25, approved as presented. CORRESPONDENCE Upon a motion by Councilman Christensen, 1981 were Calloway Drive and on received and referred recommendation. communication from Cornerstone Engineering, Inc., dated March 25, 1981, requesting annexation of property located north of the Kern River, east of the east and west sides of Coffee Road, was to the Planning Commission for study and Councilman Strong made a motion that the communication from Tommie Townsend, 4209 Akers Road, requesting Community Development Block Grant Funds to purchase land under a new con- struction incentive program, be received and referred to the Budget Review and Finance Committee. Councilman Barton offered a substitute motion that the communication from Tommie Townsend, 4209 Akers Road, requesting Community Development Block Grant Funds to purchase land under a new construction incentive program, be received and referred to the Budget Review and Finance Committee for study and recommendation, with a report from staff. This motion was unanimously approved. COUNCIL STATEMENTS Councilman Means stated he has been informed that there have been a number of accidents at the intersection of 4th and "H" Bakersfield, California, April 8, 1981 - Page 2 30! Streets, and requested the Public Works Director to investigate and come back to the Council with a recommendation. Councilman Means stated he understands that AB 1393 (Rogers), in its present form, would cost the County around $90,000,000 and will have an impact on the City. City Manager Kelmar stated the County has been following the Board of Equalization's policy in determining the assessed value of oil, which basically is based on economic factorsl AB 1393 proposes to put the valuation of oil on the same basis as all other property, which is assessed in accordance with Proposition 13. The Bill was introduced as a "Spot Bill," one that is introduced to meet a required deadline. Assemblyman Rogers indicated that was the sole purpose and whatever the outcome of current judicial pro- ceedings, he would amend the Bill accordingly. The County is presently under litigation, in the amount of $90,000,000, by the California Independent Oil Producers Association and that is where the estimated figure of $90,000,000 came from. The County is presently analyzing the effects on various jurisdictions, based on that litigation. They do not have any figures at this point in time on how it may affect the City. It will affect the City if that rollback does occur on the evaluation of oil. Upon a motion by Councilman Means, AB 1393 (Rogers), was referred to the Budget Review and Finance Committee for study and recommendation back to the Council at the meeting of April 15, 1981. Upon a motion by Councilman Ratty, Councilmen Barton and Payne and City Attorney Oberholzer were appointed to the Legislative Committee. Councilman Christensen requested that the questions regarding public access to the Kern River be answered and given to the Council one week prior to the continued appeal hearing on Tentative Tract No. 4179-A, along with a copy of the City Attorney's interpretation on the new Supreme Court ruling. Bakersfield, California, April 8, 1981 - Page 3 Mayor Shell requested that the Council consider changing the Council Meetings to every other week instead of each week. REPORTS Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 4-81 regarding Funding Request by the Greater Bakersfield Local Development Corporation, as follows: Introduction At the November 19, 1980 City Council meeting a request for $3,000 in Community Development funds was made by the Greater Bakersfield Local Development Corporation (GBLDC) for organizational funds and was referred to staff for study and recommendation to the Budget Review and Finance Committee. The funds are to pay for start-up costs and fees for incor- poration of this corporation. A copy of that request is attached to this report. Discussion The Greater Bakersfield Local Development Corporation is a legally established non-profit organization, incorporated to assist existing small businesses by providing financial assistance through the Sam11 Business Administration (SBA) programs. It should be pointed out that this organization is not in competition with private lenders, but works with them to fund projects which have been denied conventional financing. Conclusion and Recommendation The Local Development Corporation is eligible for Community Development funding under the Outside Funding Policy adopted by City Council on October 29, 1980. The Budget Review and Finance Committee has reviewed this request and recommends that the funding for the Greater Bakersfield Local Development Corporation be approved and the Mayor authorized to execute the attached contract. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 4-81 regarding Funding Request by the Greater Bakersfield Local Development Corporation, was accepted; and agreement between the City of Bakersfield and the Greater Bakersfield Local Development Corporation £or Community Develop- ment Block Grant Program funds, was approved and the Mayor was authorized to execute same. Bakersfield, California, April 8, 1981 - Page 4 Councilman Payne read a report from the Planning Com- mission, dated April 8, 1981, regarding Council Referral Change in Land Use Element of General Plan to Eliminate the Opening Date Restriction (January 1, 1985) on the Proposed Eastside Shopping Center, as follows: Following receipt of memorandum of March 27, 1981, from the Planning Director, and the letter from John M. Brock of March 25, 1981, attached to that memorandum, the Planning Commission at its meeting of April 2, 1981, determined that it could not proceed to con- sider the proposed amendment to the Land Use Element, as Mr. Brock has not decided to pursue the matter, or initiate by payment of cost preparation of a necessary focussed supplemental EIR; and further determined to so advise the Council. City Manager Kelmar reported that the recent boat races at Lake Ming have posed problems for local law enforcement agencies, due to the activities of some spectators. Last Sunday, in line with local law enforcement agencies' policies of assisting officers in distress, the Bakersfield Police Department responded with s~x officers, in addition to those who were in the area for traffic control, to assist the County Sheriff's Department in a disturbance at the races. This also resulted in the Police Department having to call in the next shift early to cover normal policing responsi- bilities in the City, which resulted in an overtime situation. The amount of revenues brought into the area is unknown, but it apparently is one of the justifications for these events. However, I do not feel it ~s worth an injury or injuries to our law enforce- ment officers. In fact, if there are any serious injuries it could cost the taxpayers much more than these revenues. The Board of Supervisors have asked the County Parks and Recreation Commission to study the future boat racing situation at their meeting of April 15, 1981. It is hoped that if the Board ultimately allows these races to continue, in light of what has occurred, that they also assume the responsibility of having enough Deputys available to respond to any disturbance or require adequate on-site security, so 3t)4 Bakersfield, California, April 8, 1981 - Page 5 City officers will not be placed in a potentially dangerous situation. It is recognized that in emergency situations the Bakersfield Police Department may need the assistance of the Sheriff's Depart-- merit and vice versa. The Chief of Police has been requested to review the departmental policy of assistance as it relates to these events and to meet with the County Sheriff to discuss this problem. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5996 to 6102, inclusive, in the amount of $278,780.51. (b) Claim for Damages from Boydstun Realty Company, Inc., 326 Chester Avenue, Bakers- field. (Refer to City Attorney) (c) Claim for Damages and Personal Injuries from Scott Wallace, 2417 Kentucky Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages and Personal Injuries from Sharon K. Newell, 3418 Mona Way, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Carol Joyce Bryant, 4401 Hughes Lane #165, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from State of California, Department of Transportation, 1352 West Olive Street, Fresno, California. (Refer to City Attorney) (g) Claim for Damages from Domingo Marroquin, 2416 Lucky Street, Bakersfield. (Refer to City Attorney) (h) Claim for Damages from Delores Segura, 2512 Bernice Street, Bakersfield. (Refer to City Attorney) (i) Claim for Damages from Aubrey M. Wood, DBA Oak Street Barber Shop, 210 Oak Street, Bakersfield. (Refer to City Attorney) (J) Claim for Damages from R. V. Karlen, M.D., Inc., 1914 Truxtun Avenue, Bakersfield. (Refer to City Attorney) (k) Application to Present Late Claim for Damages from Cecil J. Moses, l105 Daly Road, Ojai, California. (Refer to City Attorney) Bakersfield, California, April 8, 1981 - Page 6 (i) Street Right-of-Way Deed from The Bluffs Owners Association, Inc., for dedication of Westbluff Court from Panorama Drive to the entrance to Tract No. 3538, located north of Panorama Drive and east of Union Avenue. (m) Notice of Completion and Acceptance of Work on Parcel Map No. 4734 - Parcel "A", Contract No. 79-41 with Southgreen Partners, located on Ming Avenue west of New Stine Road. (n) Application for Encroachment Permit from Great Western Builders, 115 - 18th Street,. for construction of a 42" high wrought iron fence adjacent to back of sidewalk at southeast corner of Hardin Way and Terrebone Court. (o) Application for Encroachment Permit from Koenig & Wood, 6615 East Pacific Coast Highway, Suite 215, Long Beach, California, for construction of a stairway (2 steps) 2 feet 4 inches behind sidewalk at 3711 Columbus Street. (p) Plans and Specifications for traffic signals on California Avenue at Mervyn's main entrance. Upon a motion by Councilman Ratty, 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: Noes: Councilmen Payne, Ratty, Rockoff, Christensen, Means None Strong, Barton, Absent: None ACTION ON BIDS Upon a motion by Councilman Christensen, low bid o£ Hydrex Pest Control, in the amount of $2,496.00, for Annual Contract for Pest Control (16 locations), was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rockoff, low bid of Hoven and Company, in the amount of $6,093.30, for Annual Contract for Blueprint Reproduction, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. 8O6 Bakersfield, California, April 8, 1981 - Page 7 Upon a motion by Councilman Ratty, bid of General Seating Co., in the amount of $24,226.41, for Aluminum Planks and Accessories for the Parks Department, was accepted. Upon a motion by Councilman Payne, low bid of Enriquez Construction Company, in the amount of $110,650, for Annual Contract for Curbs, Gutters and Sidewalks, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. NEW BUSINESS Referral of an Emergency Ordinance of the Council of the City of Bakers- field amending Section 7.12.200 of Chapter 7.12 of the Municipal Code of the City of Bakersfield, limiting the number of days per week for the conduct of Bingo Games. Recent applications for Bingo Licenses indicate that there may be a trend developing in which qualifying organizations are being formed for the primary purpose of conducting Bingo Games. A telephone survey was made o£ 13 out of 15 present holders of licenses, and ll out of 13 believed that 1 day per week was a reasonable and beneficial restriction to all license holders. The two organizations objecting to restricting days o£ operation were the Community House (3 days) and the Detox Center (3 days). Mr. Phil Penningroth, Alcohol Program Coordinator for Kern County, speaking against restricting the number of days an organization can operate a Bingo Game in one week, explained that the Detox Center, Disco Inferno (for teenagers) and other services £or alcoholics are being subsidized by some of the funds from their Bingo Games. Mr. Penningroth requested that the Bingo Ordinance not be amended so that the number o£ operating days in one week are restricted, because they would lose a great deal of revenue. Mr. Alfred Stanley, Treasurer of Kern Philharmonic, stated they believe that limiting their game to one time per week will help keep Bingo within the parameters o£ the original spirit of the ordinance. Bakersfield, California, April 8, 1981 - Page 8 Mr. David Lee Moor~ Chairman of St. Francis Catholic Church Bingo, stated they hold a Bingo Game on Tuesday nights to help support the upkeep of St. Francis Grade School. If an organi- zation comes into town and operates several nights a week it will force them into a competitive situation, because the money is needed. Mr. Moore requested that Bingo be limited to one night per week per organization. Kia Ruoos, Chairman of California Human Abuses Matrix for Prevention Services (CHAMPS), stated the purpose of their organization is to offer assistance to victims of abuse and to educate and inform the public on abuses. Mr. Denny Jackson, Secretary & Vice-President of CHAMPS, explained some of the services their organization will be offering the community. Councilman Means made a motion that Emergency Ordinance of the Council of the City of Bakersfield amending Section 7.12.200 of Chapter 7.12 of the Municipal Code of the City of Bakersfield, limiting the number of days per week for the conduct of Bingo Games, be referred to the Auditorium-Recreation Committee, with participation from the City Attorney, Chief of Police and various organizations, to develop guidelines. Chie£ of Police Price stated there is not sufficient manpower within the Police Department to monitor and maintain a watch on Bingo Games. When State law allowed cities to adopt ordinances permitting charitable organizations to conduct Bingo Games, it was £elt they would be small, for local people. The problem cropping up all over the State is that there are organiza- tions that are using this as a livelihood. There have been accusations of skimming and tremendous amounts of money is being made, which tempts organized crime and other organizations. Chief Price stated he is not hinting or intimating that there is organized crime in any Bingo Game now operated, or proposed to be operated, Bakersfield, California, April 8, 1981 - Page 9 in the City of Bakersfield. Bingo should not be the sole liveli- hood of any organization. Mr. Doug Ringler, Chairman of the Eagles Bingo Game, requested that the Council limit Bingo Games to one per week per organization, because they are losing money for charitable purposes to the larger organizations who are operating several times per week and offering larger prizes. Mr. John Papasergia, representing Our Lady of Perpetual Help Parish, stated the profits from their Bingo Games help support their grade school and the large organizations are hurting their attendance. Mr. Papasergia requested that the Council adopt the ordinance limiting Bingo to one night per week per organization. Beverly Lambourne, President of Symphony Associates, stated their Bingo Game is just an aid to help fund their programs and requested that the number of games per week be limited. Mr. Robert A. Hutchinson stated this is just a matter of whether or not Bakersfield wants Bingo as big business. If so, the current ordinance should be left as it is. If not, the number of games per week should be limited. Joan Garibaldi, Chairman of Garces Bingo, stated their students benefit from their Bingo Program and they feel the number of games per week should be limited so all the organizations get an equal share of the proceeds. John Slikker, Elks Lodge, stated it is greed that is creating this problem and the Elks Lodge feels the number of games per week should be limited to one. Lonnie Gianquinto, President of Bakersfield Community House Board of Directors, stated they have no objections to limiting the number of Bingo Games to two times per week. Mr. Bob Pickard, Moose Lodge, stated the larger games can give away larger prizes and they cannot compete with them. The Moose Lodge would like to see the number of games per week limited to one. Bakersfield, California, April 8, 1981 - Page l0 309 Mr. Lee Hayes, Secretary of Stockdale Moose Lodge, stated they contribute to local charities with funds received from their Bingo Games and they are not large enough to compete with the larger games. They would like to see the number of games per week limited to one. Councilman Means' motion that Emergency Ordinance of the Council of the City of Bakersfield amending Section 7.12.200 of Chapter 7.12 of the Municipal Code of the City of Bakersfield limiting the number of days per week for the conduct of Bingo Games, be referred to the Auditorium-Recreation Committee, with partici- pation from the City Attorney, Chief of Police and various organiza- to develop guidelines, carried by the following roll call tions, vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Noes: None Absent: None Upon a motion by Councilman Barton a brief recess was declared at 9:50 P.M. and the Council reconvened at 9:55 P.M. 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 commonly known as 3319 Maywood Drive; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by The Develop- ment Groupe, Inc., and would change subject property from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone. 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 3319 Maywood Drive; and making findings in connection with a P.U.D. Zone. Bakersfield, California, April 8, 1981 - Page 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 210 through 222 South "H" Street. The application for this amendment was made by Wiley D. Hughes and would change subject property from an R-2 (Limited Multiple Family Dwelling) Zone to a C-O (Commercial and Professional Office) Zone. The Planning Commission recommended approval of the amendment 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 of those certain properties in the Bakersfield commonly known as 210 through 222 South "H" City of Street. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 1413 Chester Place. The application for this amendment was made by Max Gradowitz and would change subject property from an R-3 (Limited Multiple Family Dwelling) Zone to an R-3-P Family Dwelling - Automobile Parking) Zone. recommended approval of this amendment. (Limited Multiple The Planning Commission 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 1413 Chester Place. HEARINGS This is the time set for continued hearing on an Appeal by Kern River Development, Inc., to the decision of the Planning Commission denying its application regarding public access to the Kern River from Tentative Tract No. 4179-A, located east of Bakersfield, California, April 8, 1981 - Page 12 Rancheria Road and west of the Kern River, approximately one mile north of Highway Route 178. This hearing was duly advertised and the property owners notified as required by law. The Planning Commission, at its meeting of March 5, 1981, made findings that no easement for public access to the Kern River was proposed or provided by the subdivider from a public highway through the subdivision to the river or along the bank of the river within the subdivision, and that no reasonable public access to the river exists within a reasonable distance from the subdivision. Accordingly, the Planning Commission recommended denial of the map. The public portion of this hearing was closed at the Council Meeting of March 25, 1981, and the matter was referred to the Water and City Growth Committee for a report back to the Council, including answers to specific questions asked by the Council. Upon a motion by Councilman Rockoff, 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, was continued until the Council Meeting of April 22, 1981, and answers to questions submitted by the Council and the new Supreme Court ruling are to be furnished to the Council, by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Noes: None Absent: None This is the time set for public hearing to obtain input from the public as to whether or not the City of Bakersfield should get actively involved in prosecuting State laws in the area of pornography. Bakersfield, Cali£ornia, April 8, 1981 - Page 13 pation. Mayor Shell declared the hearing open for public partici- Edna Gleed, representing the Rape Hot-Line of Kern County, stated their primary purpose is rape prevention and emotional support for rape victims in this community. They believe the constant linking of sex and violence in the media is dangerous to the well-- being of women and children, and they are concerned about the impact of pornography on potential victims other than the male consumer. The Rape Hot-Line feels the City should spend funds for subsidizing Neighborhood Crime Prevention Programs, Self-Defense Programs for women, children & elderly and a Self-Defense & Crime Awareness Work- shop for the downtown businesses and their employees, rather than prosecuting adult bookstores on 19th Street. It is vitally important for all women to speak out against pornography in their homes, work, schools and various organizations. It is recommended that any pro- duct or material that demeans women and children in the media be economically boycotted. Mr. Robert A. Hutchinson stated he objects to the porno- graphy bookstores and movie houses in Bakersfield. Materials sold by pornography shops are very inexpensive to acquire compared to the prices charged, making it a very profitable business. One possible suggestion is to eliminate the profit. Maybe a bookstore could be opened and items sold very cheap, thereby, putting the pornographer out of business, because when there is no profit they will go out of business. When they go out of business we go out of business. Reverend William Few, Pastor of Woodlane Baptist Church and Publisher of the Kern Herald, read a letter from Father Harris of St. Francis Church stating the staff and members of the church are 100% behind any effort to eradicate pornography from this community. Reverend Few urged support of Senate Bills 759 and 760 and stated there are ways to combat pornography and asked the City Council to do all they can to eradicate this blight on the community. Bakersfield, California, April 8, 1981 - Page 14 Mr. Tom Orr stated it is important for cities to actively participate in the prosecution of pornography laws, because we cannot expect it to be done at the State or Federal level. Mr. Joe Beckett, Kern County Prosecutor, stated he has been actively involved in the prosecution of obscenity cases for about 10 years. Mr. Beckett thanked the Council for their support of Senate Bills 759 and 760 and suggested that the Council actively lobby in favor of these bills in Sacramento on April 21, 1981. Mr. Beckett outlined the history of obscenity cases in Kern County so the Council could properly evaluate whether or not the City Attorney's Office should assume part of the task and stated the prosecution of these cases are extremely expensive and take a tremendous amount of manpower. After a very lengthy discussion, upon a motion by Council- man Barton the Legislative Committee and Mayor were granted the authority to diligently lobby, locally and in Sacramento, for the passage of SB 759 and 760, by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Noes: None Absent: None ADJOURNMENT There being no further business to come before the upon a motion by Councilman Christensen, the meeting was Council, adjourned at 11:30 P.M. MAYOR of City of Bakersfield, Calif. ATTEST: CITY CLERK ~nd E~ Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, April 15, 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., April 15, 1981. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation in the form of a prayel' submitted by Pastor David Newquist of the First Presbyterian Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Ratty, Rockoff, Strong, Barton, Absent: None Christensen, Means, Payne Minutes of the regular meeting of April 1, 1981 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Charles Drew, President of Kern Farmers Market Association, 2724 "L" Street, requested that the Council renew their contract for a Farmers Market in Bakersfield at a vacant City-owned lot bordered by "M", "N", 21st and 22nd Streets, which will conduct business each Saturday from 7:00 A.M. to l:00 P.M., from May 16, 1981 to mid-November, 1981. Upon a motion by Councilman Rockoff, the City Attorney was requested to draft a contract with the Kern Farmers Market Association for consideration by the Council as soon as possible. Mrs. Phyllis Adams, representing the Chamber of Commerce, announced that the Chamber is presenting an original musical production entitled "Maggie," to raise funds to enable the Chamber to construct their own building. Mayor Shell presented a proclamation to Mrs. Adams de- claring April 24 to May l, 1981, as "Maggie" Week to stimulate interest and enthusiasm in this production. CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from Griffith & Thornburgh, Attorneys at Law, 8 East Figueroa Street, Suite 300, Santa Barbara, California, dated April 3, 1981, regarding Bakersfield, California, April 15, 1981 - Page 2 vacation of a portion of Sill Place, east of Oswell Street, was received and referred to staff. Upon a motion by Councilman Payne, communication from Cornerstone Engineering, Inc., dated March 30, 1981, requesting annexation of property located generally south of the Arvin-Edison Canal and north of Hosking Road, between Wible Road and South "H" Street, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Payne, communication from American Home Industries Corporation, dated April 9, 1981, regarding rental of City property located at 1611 and 1612 "S" Street, was received and referred to staff for study and recommendation as soon as possible. Upon a motion by Councilman Payne, communication from C & H Company 530 East 18th Street, dated April 9, 1981, along with letters of approval from Ernest E. Montoya and Edward E. Pieper, requesting a Conditional Use Permit to operate a business at 930 Brundage Lane, was received and referred to the Planning Commission for response to the request as soon as possible. Upon a motion by Councilman Ratty, communication from Mrs. Marjorie R. L. Blake, 7612 Saddleback Drive, dated March 22, 1981, regarding a buffer between Truxtun Avenue Extension and their property located on Saddleback Drive, was received and referred to staff for study and recommendation. Upon a motion by Councilman Payne, communication from Moreland Engineering, Inc., dated April 8, 1981, regarding Tract No. 4221, request for Waiver of Signature, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication from the Department of Housing and Urban Development, dated April 7, 1981, regarding Application Holdover for the City of Bakersfield's Urban Development Action Grant for the Downtown Redevelopment 316 Bakersfield, California, April 15, 1981 - Page 3 Project, was received, ordered placed on file and a copy forwarded to the Redevelopment Agency. COUNCIL STATEMENTS Councilman Ratty requested staff to draft an appropriate schedule for conducting Council Meetings every other week or two times per month, including one meeting held every month strictly for public hearings. Councilman Rockoff announced that next week he intends to nominate Mr. W. R. Lamb for reappointment to the Citizens Auditorium-Recreation Committee. Councilman Christensen requested that if there is nothing scheduled for the Workshop Session that it be left off the agenda entirely. REPORTS Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 4-81 regarding Computerized Marquee for Civic Auditorium, as follows: In February, the Auditorium-Recreation Committee discussed a proposal presented by Mr. Rod Wilson of American Sign & Indicator to erect a computer- ized marquee at the Civic Auditorium. The initial cost of approximatley $80,000 and funds needed for maintaining the sign would be donated to the City by interested parties in the com- munity. Mr. Wilson had received two firm commitments for the referred-to funding, however, it was the consensus and recommendation of this Committee that the City make appropriate public announcements to insure that all parties interested in participating in this program would have the opportunity. At the City Council Meeting on February 25, 1981, the City Council moved to authorize the Finance Department to make appropriate announce- ments and place appropriate advertisements soliciting participation by interested parties. The Finance Department did solicit participation, but received no responses. On April 8, 1981 this Committee met to further consider and review the proposal from American Sign & Indicator. The concept of the sign purchase and maintenance being funded by dona- tions would allow the donors to have sponsor identification panels and certain limited advertising on the sign itself. The Building Bakersfield, California, April 15, 1981 - Page 4 817 Director pointed out that this type of advertising is "off premise advertising" which is not permitted by the City's Sign Ordinance. It has been the policy of the Planning Commission to deny "Special Sign Permits" for any such signs. Since this sign exceeds 150 sq. ft. in area, and the Planning Commission,s authority is limited to signs under 150 sq. ft., the Council must approve or deny any such sign permits. In light of the above circumstances, it was the consensus of this Committee to refer the matter to the entire Council for discussion. Mr. Rod Wilson, American Sign & Indicator Corporation, explained the configuration of the sign and how they are able to erect computerized signs through sponsorship with local merchants. In response to a question by Councilman Ratty, Mr. Wilson stated this project would not be a reality if the sponsor panels are removed. Councilman Rockoff stated he is very concerned that the City will be doing something that is denied to private enterprise and opening the door for business to request Sign Ordinance violations. Councilman Rockoff stated that rather than continually making exceptions to the Sign Ordinance that the Council should consider repealing it. Councilman Means stated he agrees with Councilman Rockoff, that the City should take the lead in adhering to the Sign Ordinance, he has consistently done that, he will vote against this and since request. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 4-81 regarding Computerized Marquee for Civic Auditorium, was accepted; consent to sign configuration as presented, pursuant to Chapter 17.54 of the Municipal Code, was granted; and the agreement with the sign manu£acturer and donors of the sign will be presented to the Council at a later date for approval, by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Payne Noes: Councilmen Rockoff, Means Absent: None 818 Bakersfield, California, April ~5, 1981 - Page 5 Councilman Ratty, in clarifying his vote, requested thai: the Council review the design of the sign before it is approved. City Manager Kelmar announced that next week's Workshop Session will be on the Sign Ordinance. Assistant City ~4anager-Finance Higginbotham reported that last week the Council referred the matter of proposed AB 139~ to the Budget Review and Finance Committee for a report on how it might affect the City of Bakersfield. The Kern County Auditor- Controller's Office has not finalized the figures. They should have the information next week and if it is received early enough it will be furnished to the Council, if not the following week. City Attorney Oberholzer reported that the Chief of Police has requested that the Secondhand Dealer Permit issued to Cleta Bird, 242 "H" Street, for buying and selling gold and silver be revoked. That permit can only be revoked by the City Council, pursuant to Section 7.18.080 of the Municipal Code, after a hearing is held. The permit holder must be given five days written notice and it is requested that the Council set the date of hearing for April 22, 1981. Upon a motion by Councilman Ratty, hearing regarding revocation of a Secondhand Dealer's Permit held by Cleta Bird, 242 "H" Street, was set for Wednesday, April 22, 1981. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6103 to 6293, inclusive, in the amount of $448,854.01. (b) Claim for Damages from Paul H. Jacobus, 1900 - 21st Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Leeway Motor Freight, 1407 - 34th Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Suzanne Eckberg, 4200 Boise Street, #18B, Bakersfield. (Refer to City Attorney) Bakersfield, California, April 15, 1981 - Page 6 319 (d), (e), Calendar, Ayes: Noes: Absent: (e) Claim for Damages from Cartie Jeanette Jones, Guardian ad litem for Devin Xavier Brown, c/o Jacobson & Gianquinto Law Corporation, 651 "H" Street, Bakersfield. (Refer to City Attorney) (f) Map of Tract No. 4341 and Improvement Agreement with Elmer F. Karpe, Inc., for construction of improvements therein, located west of Akers Road. (g) Map of Tract No. 4465 and Improvement Agreement with Coleman Construction, Inc., for construction of improvements therein, located at the southwest corner of Ming Avenue and Barrington Street. (h) Notice of Completion and Acceptance of Work on Parcel Map No. 4734, Contract No. 78-62 with The First Baptist Church of Bakersfield, located at northwest corner of New Stine Road and Ming Avenue. (i) Application for Encroachment Permit from Houchin Community Blood Bank, 2600 "G" Street, for construction of a 2 foot high free standing sign at northeast corner of 26th and "G" Streets. (J) Plans and Specifications for Storm Drains in Kern Street, south of 19th Street, and "V" Street at the Atchison Topeka and Santa Fe Railway. (k) Plans and Specifications for construction of Curb and Gutter in the Lowell Addition Area. (i) Plans and Specifications for resurfacing portions of Truxtun Avenue and Chester Avenue and reconstruction of a portion of Eye Street. (m) Plans and Specifications for construction of Multi-Purpose Building at Planz Park. Upon a motion by Councilman Means, Items (a), (b), (c), (f), (g), (h), (i), (j), (k), (1) and (m) of the Consent were adopted by the following roll call vote: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne None None ACTION ON BIDS Upon a motion by Councilman Ratty, low bid of B and B Plumbing, in the amount of $9,540, for construction of Sanitary Bakersfield, California, April 15, 1981 - Page 7 Sewers at Beach Park, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Black Oak Nursery, in the amount of $10,000.00, for construction of Beach Park Irrigation System, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Approval of Amendment to existing Contracts with 01cese Water District permitting, among other things, the assignment of certain existing rights to store water in the City's 2,800 acre spreading area held by the Olcese Water District to the Buena Vista Water Storage District. This agreement brings the existing contracts into con- formity with recently negotiated contracts involving the Olcese Water District. One of those contracts resulted in an exchange agreement between the Olcese Water District and the Buena Vista Water Storage District, which makes water physically usable in the Olcese Water District. The 01cese Water District serves the Rio Bravo Annexation area of the City. This agreement facilitates that exchange by permitting Buena Vista's use of the City's spreading area under specified terms and conditions. Mr. Stanley Hatch, Special Water Counsel for the City of Bakersfield, explained the amendments to the Council. They bring into conformity the City's existing spreading agreements, which basically permitted, in 1977, the Olcese Water District to use the spreading area for their purpose. It brings it into con- formity with recently negotiated agreements. The basic purpose of this amendment relates to the 1977 annexation of the Rio Bravo area. A commitment was made, at that time, that the area would be self- supporting as far as utilities are concerned, but not developed at the general taxpayers expense. Councilman Rockoff requested that the word "City" be defined on page 2, paragraph 3, section 2 of the contract. Bakersfield, California, April 15, 1981 - Page 8 1321 Mr. Thomas Schroeter, Attorney, requested that any final decision on this agreement be postponed until an environmental review process can be conducted. Councilman Means made a motion to holdover the amendments to existing contracts with Olcese Water District permitting the assignment of certain existing rights to store water in the City's 2,800 acre spreading area held by the Olcese Water District to the Buena Vista Water Storage District until next week. Mr. George Nickel explained this amendment merely updates the 1977 Olcese Water District's agreement for spreading water. The purpose of this agreement is a physical situation, where Buena Vista has water that is not regularly on the river and they will take water from the City's spreading area that will be pumped into the concrete lined river canal and deliveries are made without loss and Buena Vista will give up a like amount of its Kern River water as it passes the Olcese Water District. Mr. Jim Parker, Attorney, stated he represents clients who are litigating Mr. Nickel and requested that a public hearing be scheduled on these agreements before the Council takes any action. Councilman Means' motion to holdover the amendments to existing contracts with Olcese Water District permitting the assignment of certain existing rights to store water in the City's 2,800 acre spreading area held by the Olcese Water District to the Buena Vista Water Storage District until next by the following roll call vote: Ayes: Noes: Absent: week, failed to carry Councilmen Christensen, Means Councilmen Ratty, Rockoff, Strong, Barton, Payne None Upon a motion by Councilman Ratty, Amendment to existing Contracts with Olcese Water District permitting, among other things, the assignment of certain existing rights to store water in the City's 2,800 acre spreading area held by the Olcese Water District 1322 Bakersfield, California, April 15, 1981 - Page 9 to the Buena Vista Water Storage District, was approved and the Mayor was authorized to execute same upon receipt by City Attorney of related executed agreements. Adoption of Ordinance No. 2636 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 210 through 222 South "H" Street. The application for this amendment was made by Wiley D. Hughes and would change subject properties from an R-2 (Limited Multiple Family Dwelling) Zone to a C-O (Commercial and Professional Office) Zone. The Planning Commission recommended approval of this amendment with the application of the "D" Design Overlay. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2636 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 210 through 222 South "H" Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None Absent: None Adoption of Ordinance No. 2637 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 1413 Chester Place. The application for this amendment was made by Max Gradowitz and would change subject property from an R-3 (Limited Multiple Family Dwelling) Zone to an R-3-P (Limited Multiple Family Dwelling - Automobile Parking) Zone. Bakersfield, California, April 15, 1981 - Page 10 Upon a motion by Councilman Means, Negative Declaration and Ordinance No. 2637 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 1413 Chester Place, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Strong, Barton, Christensen, Councilmen Ratty, Rockoff, Means, Payne None None Ayes: Noes: Absent: Adoption of Ordinance No. 2638 New Series of the Council of the City of Bakersfield amending Section 17.12.200 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakers- field commonly known as 3319 Maywood Drive; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by The Development Groupe, Inc., and would change subject property from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Develop- ment) Zone. Upon a motion by Councilman Rockoff, Negative Declaration and Ordinance No. 2638 New Series of the Council of the City of Bakersfield amending Section 17.12.200 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 3319 Maywood Drive; 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 Ratty, Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None Absent: None Bakersfield, California, April 15, 1981 - Page ll NEW BUSINESS Approval of Final 1981-82 Community Development Block Grant Application to be submitted to the Department of Housing and Urban Development. On March 4, 1981, the City Council approved the Draft 1981-82 Community Development Block Grant Application and authorized it to be submitted for State and Area-Wide Clearinghouse Review. No comments have been received. The Final Application must be sub- mitted to HUD for their review no later than April l?, 1981. The Block Grant funds are scheduled to be released July 1, 1981. Upon a motion by Councilman Rockoff, Final 1981-82 Community Development Block Grant Application, was approved and the staff was authorized to submit it to the Department of Housing and Urban Development. HEARINGS This is the time set for public hearing before the Council for hearing protests by persons owning real property or any registered voter residing within territory designated as "Stockdale No. 12," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, posted, and the property owners, all affected City, County or District and LAFCO Executive Director have been notified as required by law. This is an inhabited annexation containing 57.24 acres of land located on the south side of Stockdale Highway at E1 Rio Drive. Mayor Shell declared the hearing open for public partici- pation. spoke in The following persons asked questions of the staff and favor of the annexation: Patty Anderson, 513 Vista Verde Way. Alice Underhill, 201 E1 Rio Drive. Marian Boynton, 305 Starmount Lane. Bakersfield, California, April 15, 1981 - Page 12 No protests or objections being received, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 23-81 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the territory designated as Annexation No. 283, Proceeding No. 750 (Stockdale No. 12), annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Means, None Noes: Absent: Council, adjourned at Rockoff, Strong, Barton, Christensen, Payne None There being no upon a motion by Councilman Christensen, 10:05 P.M. ADJOURNMENT further business to come before the the meeting was R of t~City of Bakersfield, Calif. ATTEST: CITY CLE~ Ex~e~k of the of the City of Bakersfield, California Council ma Bakersfield, California, April 22, 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., April 22, 1981. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation in the form of a prayer submitted by Pastor George Robin of the Northrup Street Church of Christ. Present: The City Clerk called the roll as follows: Mayor Shell. Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne Councilman Ratty Absent: Minutes of the regular meeting of April 8, 1981 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Virgil Wilson, Coach of the Emerson Junior High School Basketball Team, reported on the team's trip to Hawaii, thanked the Council for their support and stated they lost only one game. Mr. Wilson presented a Certificate from the U. S. Army Support Command, Hawaii, for outstanding participation and service in the Aloha-Golden State Basketball Classic "Bakersfield," April 15-18, 1981. CORRESPONDENCE Upon a motion by Councilman Means, communication from the Public Utilities Commission, dated April 13, 1981, regarding hearing on lifeline air conditioning allowances, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from Local Bingo Players, dated April 22, 1981, objecting to the Council limiting the number of Bingo Games an organization can conduct in a one week period, was received and referred to the Auditorium- Recreation Committee. Bakersfield, California, April 22, 1981 - Page 2 827 COUNCIL STATEMENTS Upon a motion by Councilman Means, the Council will continue to pursue their efforts of last September by sending a letter to the Public Utilities Commission requesting a hearing that would order Pacific Gas & Electric Company to refund over- payments on the Lifeline Rate to those people who were eligible for that rate as of the effective date of May l, 1979. Adoption of Resolution No. 24-81 of the Council of the City of Bakers- field opposing termination of AMTRAK service in the San Joaquin Valley. Councilman Christensen stated Kern COG suggested that AMTRAK increase train speed, reschedule arrival and departure times, improve AMTRAK facilities and provide a Bakersfield-Los Angeles connection. Councilman Christensen requested that the resolution be mailed to the following persons: U. S. Senator Alan Cranston U. S. Seantor S. I. Hayakawa U. S. Congressman William Thomas California State Senator Rose Ann Vuich California State Senator Walter W. Stiern California State Assemblyman Gordon Duffy California State Assemblyman Don Rogers California State Assemblyman Phillip Wyman Kern County Board of Supervisors Mr. Alan Boyd, President AMTRAK Mr. Reg Bell, Western Region Director of AMTRAK Mr. Horace Austell, AMTRAK, Bakersfield Upon a motion by Councilman Christensen, Resolution No. 24-81 of the Council of the City of Bakersfield opposing termination of AMTRAK service in the San Joaquin Valley, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None Absent: Councilman Ratty In response to an article that appeared in the Kern Herald entitled "Bakersfield City Council is Trying to be All Things to All Men, Hoping to Please Someone," Councilman Christensen made a motion Bakersfield, California, April 22, 1981 - Page 3 that the Council express their confidence in City Attorney Oberholzer's instructions on the question of pornography. This motion carried by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None Absent: Councilman Ratty Upon a motion by Councilman Payne, communication from Presidio Construction, Inc., 1716 Oak Street #8, dated April 14, 1981, regarding F.H.A. 235 loan application, was received and referred to the Budget Review and Finance Committee for response to the Council as soon as possible. Councilman Rockoff commended the staff and City Attorney for the excellent memorandum responding to questions on water righl;s and the new Supreme Court decision. Upon a motion by Councilman Rockoff, W. R. Lamb, 719 Niles Street, Apt. H, was reappointed to the Citizens Auditorium- Recreation Committee, term expiring January 3, 1988. REPORTS Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 5-81 regarding Recreation Budget for 1981-82, as follows: The City Council Auditorium-Recreation Committee met to review the proposed Recreation budget for the 1981-82 fiscal year. Each year, the budget is submitted prior to the regular budget hearings in order that recruitment of personnel for the summer programs may begin immediately. The Recreation budget is divided into four major activity areas, (1) Aquatics; (2) Sports; (3) Parks and Playgrounds; and (4) the Cali- fornia Avenue Park Neighborhood Facility. The proposed budget totals $362,635 for Aquatics, Sports, and Parks and Playground activity areas. When compared to the 1980-81 budget, this proposed amount reflects a decrease of $3,745. Recently, the City Manager appointed a committee comprised of the Chairman of the California Avenue Park Neighborhood Facility Citizens' Advisory Committee and members of the staff to Bakersfield, California, April 22, 1981 - Page 4 review the effectiveness of the existing pro- grams at the Facility and to make recommenda- tions relative to these programs with the intent of increasing the utilization of the California Avenue Park Neighborhood Facility. Pending their study and recommendations, the Auditorium-Recreation Committee is not making a recommendation for the California Avenue Neighborhood Faility's budget at this time. The following is a summary of the major changes in the proposed budget of each major activity compared to the prior year. AQUATICS The proposed Aquatics budget totaling $115,945 reflects an increase of $70. There are no proposed changes in this program, however, an increase in the number of participants of approximately 5% is anticipated due to a program of increased publicity. Additionally, the staff plans to meet with local residents and interested parties in the Jefferson Park area so as to help eliminate the harassment of swimmers. SPORTS The proposed Sports budget totaling $124,630 represents a decrease of $7,145. The decrease primarily is a reflection of the cutback of adult basketball and elimination of the senior citizens tennis tournament, consequently, reducing temporary salaries and facility rentals for the basketball programs. The Committee was advised by the staff that the elimination of the senior citizens tennis tournament was brought about due to a lack of interest and partici- pation by the seniors. The cutback of adult basketball resulted from fewer teams partici- pating because of increases fees necessitated from the higher rentals the City has to pay for gym rental. In light of Council policy of recovering the full cost of adult programs, it will be necessary to increase the adult softball entry fee from $330 to $375 per team. PARKS AND PLAYGROUNDS The proposed Parks and Playgrounds budget of $122,060 reflects an increase of $3,600. The increase is principally due to the City Council's decision last year to increase the contribution to the Kern Philharmonic. Also, due to the increased program attendance at Beale, Jefferson, Lowell, Quailwood Park and Castle School, temporary and seasonal salaries reflect an additional 445 estimated hours for the Recreation Leaders. Additionally, in an effort to keep pace with rising costs for craft supplies, a fee increase Bakersfield, California, April 22, 1981 - Page 5 to 259 (currently 10~) is being requested. The The current 10~ rate has been in existence in excess of l0 years and dues not adequately defray costs. In conclusion, this Committee concurs with the above. Additionally, this Committee feels the Recreation budget should include an objective to study the feasibility of establishing a Recreation District for south of the Kern River similar to the Recreation District north of the Kern River. This Committee recommends adoption of the proposed Recreation budget for the 1981- 82 fiscal year. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 5-81 regarding Recreation Budget for 1981-82, was accpeted; and proposed Recreation Budget for 1981-82, was approved, including an objective to study the feasi- bility of establishing a Recreation District for south of the Kern River similar to the Recreation District north of the Kern River. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 5-81 regarding Tenneco Realty Development Corporation Grant Deed, as follows: At the Council Meeting on March ll, 1981, a 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 was referred to this Committee. The staff expressed its concerns with the City's past policy of accepting new park sites with- out funds budgeted for the cost of construction and ongoing maintenance of a park site. In light of the financial constraints cities are now under, and the fact that each new park site requires at least one additional employee for maintenance, the matter of initial and continued financing for new park sites should be addressed prior to their acceptance by the City. At present, Tenneco Realty Development Corporation plans to finance the cost of construction and maintenance of new park sites west of Gosford Road through Improvement Maintenance Districts. Using this approach, financing will be the responsibility of the "district" rather than the entire City. After considering the foregoing, this Committee recommends that the grant deed for the drain- field and park site be accepted from Tenneco Realty Development Corporation, however, this Bakersfield, California, April 22, 1981 - Page 6 Committee further recommends that the land not be developed as a park site unless park funds become available and are budgeted for construction and maintenance. Additionally, this Committee recommends that the City establish a policy whereby future developments provide for financing of constructing and maintaining new park sites by use of "maintenance districts." Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 5-81 regarding Tenneco Realty Develop- ment Corporation - Grant Deed, was accepted; and recommendations as oultined in the report, were approved. Assistant City Manager-Finance Higginbotham reported that on April 8, 1981, the City Manager apprised the City Council of the potential impact of proposed Assembly Bill 1393 (Rogers) and pending litigation. The Council was advised that the County of Kern is presently in litigation amounting to $90,000,000 with the California Independent Oil Producers Association. Late this afternoon the Auditor-Controller's Office was informed the City of Bakersfield's share of the $90,000,000 for the tax years 1978, 1979 and 1980 is estimated to be in excess of $341,000 per year. While AB 1393 has no effect on pending litigation, it does propose to determine the basis for assessing valuation of oil for tax years subsequent to 1980. AB 1393 proposed to put the valuation of oil on the same basis as all other property. Assemblyman Rogers indicated whatever the outcome of the current judicial proceedings, he would amend the Bill accordingly. Upon a motion by Councilman Means, the Mayor was requested to send the necessary communications to the City's Legislators expressing the Council's opposition to AB 1393. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6294 to 6436, inclusive, in the amount of $134,605.64. (b) Claim for Damages from Michael McFarland, 947 Lincoln Avenue, Napa, California. (Refer to City Attorney) 8.q2 Bakersfield, California, April 22, 1981 - Page ? (e) Pipeline Easement from the City o£ Bakers- field to Tosco Corporation to allow Tosco to connect two existing pipelines, located approximately 300 feet north of the inter- section of Truxtun Avenue and Coffee Road on the east side of Coffee Road. (d) Application for Encroachment Permit from Kern Delta Water District, P.O. Box 155, Del Kern Station, for construction of a 6 foot high chain link fence behind side- walk area at northeast corner of 10th and "Q" Streets. (e) Plans and Specifications for construction of farm road at Plant No. 2, located north of Panama Lane along the east section line of Section 22. (f) Deleted. Upon a motion by Councilman Means, Items (a), (b), (c), (d) and (e) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None Absent: Councilman Ratty ACTION ON BIDS Upon a motion by Councilman Payne, low bid of Armour of America, in the amount of $4,070.40, for Protective Vests, was accepted and all other bids rejected. Deferral of action on Lease Agreement for City-owned property at 1611 and 1612 "S" Street. On April 15, 1981, the Council instructed the Finance Department to solicit bids for leasing property at 1611 and 1612 "S" Street. Two proposals were received, ranging in price from $2,500.00 to $2,505.50. The higher proposal from Knight's Building Materials is considered acceptance by the staff. Assistant City Manager-Finance Higginbotham stated last week, as a result of correspondence from American Home Industries, the Council requested staff to readvertise for bids on this property. This was done and the bids were opened today. The Finance Department advertised for the required number of days and Bakersfield, California, April 22, 1981 - Page 8 two bids were received. One in the amount of $2,500 per month from American Home Industries and one in the amount of $2,505.50 per month from Knight's Building Materials. A minimum acceptable amount of $2,500.00 was stated in the bid requests. Neither party was present at today's bid opening. City Attorney Oberholzer stated that the letter from American Home Industries received at last week's meeting is a public document and can be read by anyone. The Council cannot reject these bids on the grounds that the bidder they felt should have gotten it did not. The Council must accept the higher bid as long as the bidder met specifications and apparently Knight's Building Materials did meet those specifications. Councilman Payne stated he is not concerned with who gets the property, however, he is concerned that through the Council's processing of correspondence American Homes Industries' proposal became public. Mr. Don Bird, Vice-President of Finance for American Home Industries, stated the letter sent to the Council last week was really intended to be a proposal, whereby, they would have an opportunity to discuss this with the Council or staff. Subsequently they received a phone request that the proposal be put in the form of a bid. The forms were forwarded by the Purchasing Department and the proposal was put in the form of a bid. that they could be present at the bid opening the bid. expressed They were not aware and verbally adjust Mr. Charles Duncan, Consultant for American Home Industries, his dissatisfaction with the way this bid was handled. Councilman Payne stated he wants it understood that he mentioned the dollar amount proposed by American Home Industries in their letter last week, not the staff. Upon a motion by Councilman Strong, action on bids on a Lease Agreement for City-owned property at 1611 and 1612 "S" Street Bakersfield, California, April 22, 1981 - Page 9 was deferred until staff has the following roll call vote: Ayes: Councilmen Rockoff, Payne had time to review both proposals, by Strong, Barton, Christensen, Means, Noes: None Absent: Councilman Ratty NEW BUSINESS Adoption of Resolution No. 25-81 of the Council of the City of Bakers- field urging the State Legislature to adopt Assembly Bill 1856. This Assembly Bill would waive the contractor's payment bond requirement for emergency services performed for the City in February and March, 1979, as the result of inundations of flood waters. Passage of this bill will make the City eligible for approximately $65,000 in Federal Disaster Assistance and Flexible Funding Grants. Upon a motion by Councilman Barton, Resolution No. 25-81 of the Council of the City of Bakersfield urging the State Legis- lature to adopt Assembly Bill 1856, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None Absent: Councilman Ratty Approval of Agreement between Kern Farmers Market Association and the City of Bakersfield for use of City- owned property bordered by "M", "N", 21st and 22nd Streets. Upon a motion by Councilman Christensen, Agreement between Kern Farmers Market Association and the City of Bakersfield for use of City-owned property bordered by "M", "N", 21st and 22nd Streets, was approved and the Mayor was authorized to execute same. Approval of Amended Joint Powers Agreement with the County of Kern and Incorporated Cities within the County establishing the Kern County Council of Governments. Bakersfield, California, April 22, 1981 - Page 10 This agreement updates the original agreement signed in 1970, conforming it to current California State law and clarifyin~ ambiguities existing in the original. Under the new agreement Kern COG will consist of 13 members instead of 12. The County of Kern will have two members from the Board of Supervisors instead of one. and all other membership remains the same. Upon a motion by Councilman Means, Amended Joint Powers Agreement with the County of Kern and Incorporated Cities within the County establishing the Kern County Council of Governments, was approved and the Mayor was authorized to execute same. Authorization granted Assistant City Manager-Finance to increase Petty Cash-Stamp Fund in City Clerk's Office to $200.00. This petty cash fund has been $150.00 since stamps were raised to 10~ each. The price of stamps was raised to 18~ in March, 1981, and the current amount of the fund is not sufficient. Upon a motion by Councilman Rockoff, authorization was granted to the Assistant City Manager-Finance to increase the Petty Cash-Stamp Fund in the City Clerk's Office to $200.00. Adoption of Resolution No. 26-81 of the Council of the City of Bakers- field deleting a Council Meeting in the month of May, 1981. Upon a motion by Councilman Christensen, Resolution No. 26-81 of the Council of the City of Bakersfield deleting a Council Meeting in the month of May, 1981, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means, Payne Noes: None Absent: Councilman Ratty HEARINGS This is the time set for hearing before the Council on a "Secondhand Dealers" Permit held by Cleta Bird, the revocation of 242 "H" Street. Bakersfield, California, April 22, 1981 - Page ll Robert Vander Noor, Attorney for Cleta Bird, requested that this hearing be continued until May 20, 1981, when a deter- mination will have been made whether the criminal charges brought against her by the Police Department will survive the courts. He will be in a better position to defend her after this preliminary hearing. If the continuance is not granted he will have to advise Mrs. Bird to walkout, because he cannot present any evidence on her behalf at this time. Councilman Payne stated if Mr. Vander Noor advises his client to walkout of this hearing the Council will have no choice but to revoke her license. The Council is not interested in evidence that might indicate her guilt or innocence on the felony charges. The Council is merely trying to determine whether or not she complied with or violated the Municipal Code section pertaining to Secondhand Dealers Permit. Mr. Vander Noor stated the City is operating under laws that are obsolete, based on the statutes passed in January, 1981, requiring uniform reporting. Mr. Charles Wilson, Assistant City Attorney, stated Mrs. Bird was properly noticed on this hearing and requested that the Council hear Police Captain Patterson before making a decision on whether or not to hold the hearing tonight. Captain Patterson requested that the Council consider revoking Cleta Bird's Secondhand Dealers Permit without a continuance because of numerous offenses in the operation of her business. Mr~s. Bird and her employees have been warned numerous times about violations and nothing has been done to correct it. The Police Department is going to allege there is a conspiracy between Cleta Bird, her employee and another person who may or may not be a partner in the business. In going through random slips that were pulled, well over 30% of the business conducted was falsified. The Police Department is prepared to present to the Council how that Bakersfield, California, April 22, 1981 - Page 12 837 was falsified. A Police Officer was sent into the business four times and on each occasion she violated all the provisions of the Municipal Code and State law. Assistant City Attorney Wilson stated the Police Depart-- ment's position is that due to the enormous amount of property that is being handled through her establishment that she should not be allowed to continue to operate for an unknown period. The Police Department requests that it be stopped now. After the criminal actions are completed the Council can consider, at that time, re- issuing a permit. To allow her to continue is an insult to the honest dealers in this town. City Attorney Oberholzer stated the Council is not involved with the criminal proceedings tonight. Revoking the permit of Cleta Bird is an administrative matter. Under the City's ordinance there is nothing illegal about considering the revocation of her permit prior to the conduct of criminal proceedings. If Mr. Vander Noor chooses not to call her forward as a witness that is his choice. The action taken by the Council tonight would not be admissible in the criminal court proceedings. During a lengthy discussion, Councilman Christensen made a motion to adjourn the meeting, which failed to carry. Councilmen Rockoff, Strong, Barton, Means and Payne voted in the negative on this motion. Councilman Barton made a motion that a continuance until May 20, 1981, on the hearing regarding revocation of a "Secondhand Dealers" Permit held by Cleta Bird, 242 "H" Street, not be granted. Councilman Strong stated he felt the continuance requested by Mrs. Bird's Attorney should be granted. Councilman Christensen offered a substitute motion that the hearing regarding revocation of a "Secondhand Dealers" Permit held by Cleta Bird, 242 "H" Street, be tabled until May 20, 1981. Councilman Christensen called for the question and this motion was unanimously approved. Bakersfield, California, April 22, 1981 - Page 13 Councilman Christensen's substitute motion that the hearing regarding revocation of a "Secondhand Dealers" Permit held by Cleta Bird, 242 "H" Street, be tabled until May 20, 1981, failed to carry by the following roll call vote: Ayes: Councilmen Strong, Christensen Noes: Councilmen Rockoff, Barton, Means, Payne Absent: Councilman Ratty Councilman Barton's motion that a continuance until May 20, 1981, on the hearing regarding revocation of a "Secondhand Dealers" Permit held by Cleta Bird, 242 "H" Street, not be granted, carried by the following roll call vote: Ayes: Councilmen Rockoff, Barton, ~eans, Payne Noes: Councilman Strong Absent: Councilmen Christensen, Ratty Mr. Vander Noor stated that based on their representation they are unable and unwilling to provide a defense to this hearing for logical legal maneuvers and questions that he has proposed to his client. Rather than hearing evidence on this he would request that the Council summarily deny the permit without a hearing, so Mrs. Bird's reputation will not be damaged any further. City Attorney Oberholzer requested that Mr. Vander Noor enter a stipulation that if City Council evidence were presented there would be sufficient evidence for them to make a determination that it appears there were irregularities and improprieties in the conduct of her business so the permit can be revoked. Mr. Vander Noor stated they will stipulate that there would be enough evidence presented to convince the Council to have a revocation and he consents to a revocation summarily without a hearing. Upon a motion by Councilman Payne, the Secondhand Dealers Permit held by Cleta Bird, 242 "H" Street, was revoked Bakersfield, California, April 22, 1981 - Page 14 based on the stipulation presented by Mr. Vander Noer, by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Means, Payne Noes: None Absent: Councilmen Christensen, Ratty This is the time set for continued hearing on an Appeal by Kern River Development, Inc., to the decision of the Planning Commission denying its application regarding public access to the Kern River from Tentative Tract No. 4179-A, located east of Rancheria Road and west of the Kern River, approximately one mile north of Highway Route 178. This hearing was duly advertised and the property owners notified as required by law. The Planning Commission, at its meeting of March 5, 1981, made findings that no easement for public access to the Kern River was proposed or provided by the subdivider from a public highway through the subdivision to the river or along the bank of the river within the subdivision, and that no reasonable public access to the river exists within a reasonable distance from the subdivision. Accordingly, the Planning Commission recommended denial of the map. The public portion of this hearing was closed at the Council Meeting of March 25, 1981, and the matter was referred to the Water and City Growth Committee for a report back to the Council, including answers to specific questions asked by the Council and a copy of the new Supreme Court decision. Upon a motion by Councilman Barton on an Appeal by Kern River Development, Inc. continued hearing 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 o£ the Kern River, approximately one mile north of Highway Route 178, was continued until October 28, 1981. Bakersfield, California, April 22, 1981 - Page 15 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 of t~ City of Bakersfield, Calif. ATTEST: CITY CLERK and Ex ~)fficio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, April 29, 1981 34l 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., April 29, 1981. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation in the form of a prayer submitted by Pastor Norbert Oesch, St. John's Luthern Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Strong (seated at 8:05 P.M.), Barton, Christensen, Means, Payne, Ratty, Rockoff Absent None Minutes of the regular meeting of April approved as presented. CORRESPONDENCE Upon a motion by Councilman Payne, 15, 1981 were communication from Kern High School District, dated April 22, 1981, regarding notice of limited availability and option to purchase certain school district land located on southwest corner of Panorama Drive and Royal Scotts Way, was received and referred to Public Works Depart- ment for response. Upon a motion by Councilman Christensen, communication from Symphony Associates of the Kern Philharmonic Society, dated April 29, 1981, requesting that the Council limit Bingo Games to one night per week per organization, was received and referred to the Auditorium-Recreation Committee. COUNCIL STATEMENTS Councilman Rockoff, Chairman of the Budget Review and Finance Committee gave a status report on the investigation of the New Construction Incentive Program, as £ollows: Referrals to proposals were made to the Budget Review and Finance Committee and staff from Robert Reader on February 27, 1981, Tommie Townsend on April 8, 1981, and Presidio Construction, Inc., on April 22, 1981. The staff developed recommendations and reviewed them with HUD in Los Angeles and the FHA in 842 Bakersfield, California, April 29, 1981 - Page 2 Fresno to resolve conflicts in applicable regulations. Staff reported to the Budget Review and Finance Committee on April 27, 1981. The Committee instructed staff to do the following: Contact lenders and builders in this area to determine what reasonable net profit on such units has been achieved in similar projects, with the idea of putting a limit on profits in this program. 2. Consider strengthening provisions for constructing quality control. 3. Elicit comments on program from Kern County Builders Exchange. It is anticipated that the Committee will meet again within two weeks to review this additional information and prepare a report for the full Council. Councilman Payne stated that next week he plans to nominate Mr. James Redstone, 7209 Outingdale Drive, for reappoint- ment to the Planning Commission. Adoption of Resolution No. 27-81 of the Council of the City of Bakers- field fixing the time of Meetings of the Council during the months of May, June, July, August and September, 1981. Councilman Ratty stated that hearings before the Council will be held during the off Wednesdays of the month. Councilman Christensen stated he would not block this resolution, but felt the public is being shortchanged. Councilman Rockoff felt the Agenda would be too long if the Council only meets every other week. Upon a motion by Councilman Ratty, Resolution No. 27-81 of the Council of the City of Bakersfield fixing the time of Meetings of the Council during the months of May, June, July, August and September, 1981, was adopted by the following roll call vote: Ayes: Noes: Councilmen Strong, Barton, Christensen, Payne, Ratty Councilmen Means, Rockoff Absent: None Bakersfield, California, April 29, 1981 - Page 3 Mayor Shell reported the first meeting of the voluntary Bakersfield Beautification Committee was held last night. More than 30 people participated. Mr. Bob Clerico will be the Chairman and there is a lot of enthusiasm among the members. REPORTS Mayor Shell announced that Councilman Payne would not participate in the following matter due to a real or imaginary conflict of interest. Assistant City Manager-Finance Higginbotham presented a report regarding Lease of City Property at 1611 and 1612 "S" Street, as follows: At the Council Meeting of April 22, 1981, the City Council moved to defer any action on bids received for the leasing of City property located at 1611 and 1612 "S" Street. The deferral of action was to allow staff to examine and review the procedures followed for the leasing of the referred to property. On February 4, 1981, Public Works Director, Dale Hawley, received and forwarded to the Finance Department the February 3, 1981 correspondence from Mr. Charles W. Duncan. The correspondence makes reference to a conver- sation between Mr. Duncan and Mr. Hawley wherein Mr. Duncan expressed the interest of American Home Industries in leasing the property on "S" Street. Pursuant to the written request, spoke with Mr. Duncan and advised him of the steps and procedures necessary before an agree- ment could be entered into for the leasing of public property. More specifically, we dis- cussed such items as notice of sale to be published in the official newspaper and the need to obtain competitive and formal quotations. The Purchasing Division ordered an appraisal which was transmitted to the City on March 16, 1981. Since the property being appraised was approximately 90,000 square feet containing numerous improvements, the time necessary to complete the appraisal would not permit a bid opening until late in March, if a minimum acceptable amount was to be included in the bid requests. Generally, the City uses appraisals to assist in determining a minimum acceptable bid. In light of Mr. Duncan's indication of his client's desire to expedite a lease agreement as soon as possible, the bid opening was scheduled for 2:00 p.m., March 12, 1981. Al- though the appraisal has not yet been received 844 Bakersfield, California, April 29, 1981 - Page 4 by the City, it was anticipated it would be received prior to making a recommendation to the City Council. Mr. Duncan advised me he felt that would be no problem since he was certain the proposal from American Homes would be fair and equitable. Mr. Duncan delivered the bid from American Home Industries and attended the bid opening. As noted above, the appraisal was received on March 16, 1981. After reviewing the appraisal and the single proposal received from American Home Industries, the staff recommended the City Council reject all bids and readvertise for the leasing of the property. The staff felt the recommendation to reject the bid was in the best interests of the City since the bid amount represented less than 50% of the estimated fair rental value. On April 2, 1981, staff prepared bid requests as before, except in this case, the documents reflected a "Minimum Acceptable Bid" of $5,500.00 for the two pieces of property. The documents were mailed to four prospective bidders, including American Home Industries. Also, bid documents were picked up by Mr. Charles Duncan and a representative from Knight's Building Materials. Additionally, Mr. Duncan picked up a complete copy of the appraisal. The bid opening was at 2:00 p.m., April 9, 1981, how- ever, there were no bids received. At the Council Meeting of April 15, 1981, the City Council received the April 9, 1981 cor- respondence from American Home Industries. The correspondence contained two offers, one of which was to lease the property at 1611 and 1612 "S" Street for a total of $2,500.00 per month. The correspondence was referred to staff with the Council requesting the staff to act as soon as possible. Pursuant to the Council's request, bid documents were prepared reflecting a "Minimum Acceptable Bid" of $2,500.00. Also, the legal notice inviting sealed proposals appeared in the news- paper on April 17, 1981 indicating the bid opening to be 2:00 p.m. April 22, 1981. On April 16, 1981 the Purchasing Division con- tacted Mr. Bird of American Home Industries and advised him that bid documents reflecting a "Minimum Acceptable Bid" of $2,500.00 were being mailed to him. In addition to American Home Industries, bid documents were mailed to Mr. Charles Duncan and Knight's Building Materials. Other than staff, no one attended the bid opening at 2:00 p.m. April 22, 1981. Two bids were received, one from American Home Industries indicated a monthly rental of $2,500.00 and a bid from Knight's Building Materials indicated a monthly rental of $2,505.50. In each case, Bakersfield, California, April 29, 1981 - Page 5 845 the bidder submitted their bid on the forms prepared and furnished by the Purchasing Division. Both bidders having properly submitted their proposals, meeting specifications, the staff recommended that the bid from Knight's Building Materials be accepted. As indicated above, the Council deferred action pending a complete review by the staff. On April 23 and 24, the staff met with repre- sentatives from American Home Industries and Knight's Building Materials to discuss their proposals and request financial and credit information. In a meeting with Mr. Duncan Ross of Knight's Building Materials, Mr. Ross indicated when he prepared and submitted his bid in the amount of $2,505.50, he had no knowledge of American Home Industries' intention of bidding $2,500.00. In a meeting with representatives of American Home Industries, Mr. Bird indicated it was his belief that this third "Bid Request" was not a formal request and that there would be no other bidders. He felt that he was only formalizing the offer contained in his April 9, 1981, cor- respondence. I pointed out that the "Bid Request" on this occasion was identical to the two prior bid requests. The documents were identical, except for the date of the bid opening and the minimum acceptable bid amount. Also, as before, the required advertising was done, giving notice of the time and place of the bid opening. As Council has requested, staff has reviewed all policies and procedures followed in the attempt to lease the property at 1611 and 1612 "S" Street and without reservation is confident the matter was handled properly and without irregularities. All policies, procedures and legal requirements as set forth in the City Charter and the Municipal Code were followed. The entire matter has been reviewed with the Office of the City Attorney and the staff concurs in the conclusion that, since Knight's Building Materials was the highest bidder and they met all bidding requirements and specifications, the City Council is legally bound to award the lease of the property at 1611 and 1612 "S" Street to Knight's Building Materials. Councilman Ratty made a motion to accept the high bid of Knight's Building Materials, in the amount of $2,505.50, for lease of City-owned property at 1611 and 1612 "S" Street, and authorize the Mayor to execute the Lease Agreement. Councilman Strong stated he could not vote for the motion because of the manner in which this item was handled. There was 34A Bakersfield, California, April 29, 1981 - Page 6 too much confusion. Another appraisal should be ordered to estab-- lish some validity to the first one. These bids should be rejected and the item readvertised. City Attorney Oberholzer stated the bid specifications were put out and it said a minimum of $2,500 per month. Anyone could have bid at any level. American Home Industries probably just made a bad business decision when they bid $2,500.00, because Knight's Building Materials came in at $2,505.50 and it appears they have met all the requirements of the bid specifications. Consequently rejection of their bi~ because of the desire of the Council to give American Home Industries another oppotunit~ would create grounds for a claim by Knight's Building Materials against the City and a potential action, which would be very difficult to defend. Mr. David Cross, President of American Home Industries, questioned the fact that their first proposal of $3,500.00 met all the legal requirements and was rejected. City Attorney Oberholzer stated because there was no legal minimum the Council had the prerogative to decide that all bids that came in did not meet their requirements or desires for the lease of that property. However, when they established a legal minimum of $2,500.00, then their bound to that particular number. American Homes first bid of $3,500.00 did not meet the bid specifi- cations as it contained certain qualifications relating to the length of the lease. Mr. Don Bird, Vice-President of American Home Industries, stated a member of Mr. Higginbotham's staff requested them to formalize their letter by submitting a bid for $2,500.00 on the City's form. After a lengthy discussion, Councilman Rockoff offered a substitute motion that action on bids for lease of City-owned property located at 1611 and 1612 "S" Street, be held over until Bakersfield, California, April 29, 1981 - Page 7 347 the Council Meeting of May 6, 1981, for further study by the Council and staff. This motion carried by the following roll call vote: Ayes: Councilmen Strong, Christensen, Means, Rockoff Noes: Councilmen Barton, Ratty Absent: None Abstaining: Councilman Payne CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6437 to 6532, inclusive, in the amount of $368,616.75. (b) Claim for Damages from Debra McCants, 930 Jefferson Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Gary Gentry, 3204 Annapolis Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from The Hartford Insurance Group on behalf of Curtis Pest Control, 412 Kentucky Street, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Larry and Linda Taverner, 301 Holtby Road, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Peter Maltone, 2713 Dartmouth Street, Bakersfield. (Refer to City Attorney) (g) Map of Tract No. 4009 with Nickel Enter- prises, located on east side of Rancheria Road at north end of the Kern River Bridge. (h) Map of Tract No. 4289 and Improvement Agreement with Tenneco Realty Develop- ment Corporation for improvements therein, located on Laurelglen Boulevard at E1 Portal Drive. (i) Map of Tract No. 4321, Phases "C" & "D", and Improvement Agreement with Auburn Venture for construction of improvements therein, located on Auburn Street east of Fairfax Road. Bakersfield, California, April 29, 1981 - Page 8 (J) Amendment to Agreement No. 80-158 between John Carollo Engineers and the City of Bakersfield for design of the Interim Facilities at Wastewater Treatment Plant No. 3. The negotiated design fee under the original agreement was based on an hourly rate with a maximum of $60,000. The consultant has indicated that his costs have exceeded the maximum fee by $26,000. (Refer to Water and City Growth Committee) (k) Review of Guidelines, Fees and Deposits regulating the use of City Parks. In 1976 the Council established an ordinance regulating use of City Parks. New parks and facilities have been constructed which should be included in the ordinance and facility use fees and deposits should be adjusted. (Refer to Auditorium- Recreation Committee) (1) Request funds for purchase of additional refuse containers. The pilot project to collect refuse by means of an automatic loading collection system has been in operation since November, 1980. It has proven to be a more efficient method of collecting refuse and has been well received by residents affected by the pilot study. Public Works Department would like to expand the pilot project and requests funds to purchase additional containers. (Refer to Budget Review and Finance Committee) (m) Notice of Completion and Acceptance of Work for Farm Headquarters and Maintenance Building at Wastewater Treatment Plant No. 2, Contract No. 79-106 with Colombo Construction Company, Inc. Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1) and (m) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Payne, Ratty, Rockoff Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Payne, usual bidding require-- ments were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price with Motorola Communications, not to exceed tile amount budgeted, for five portable radios for the Police Department. Bakersfield, California, April 29, 1981 - Page 9 NEW BUSINESS Approval of Contract Change Order No. 10 to Contract No. 80-48 with Granite Construction Company for the Truxtun Avenue Extension, Phase II. This Change Order is necessary to provide additional paving, curb and gutter and A.C. Dikes on Gosford Road and Truxtun Avenue. This project is being constructed with Federal Aid Urban Funds and must meet certain State and Federal requirements. In areas where substantial fill was placed during construction, Cal- trans has indicated the side slopes of the fill section must be protected from erosion due to storm water runoff. Public Works has evaluated various alternatives to meet State requirements and concluded that curb, gutter and A.C. Dikes provide adequate pro- tection against erosion of the slopes. This Change Order increases the contract $51,838.00, resulting in a total contract price of $3,011,559.37. Sufficient funds are available in the project budget for this Change Order. Upon a motion by Councilman Ratty, Contract Change Order No. l0 to Contract No. 80-48 with Granite Construction Company for the Truxtun Avenue Extension, Phase II, was approved. Approval of Agreement with Mr. & Mrs. Leroy Pasley for operation of Concession Stand at Beach Park. Upon a motion by Councilman Payne. Agreement with Mr. & Mrs. Leroy Paslay for operation of Concession Stand at Beach Park, was approved and the Mayor was authorized to execute same. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:20 P.M. o ~e~City of Bakersfield, ATTEST: CITY CLERK affd EM Officio Clerk of the Council of the City of Bakersfield, California ma Calif. Bakersfield~ California, May 6, 1981 Minutes of of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., May 6, 1981. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation in the form of a prayer submitted by Reverend A. L. Dirks, Pastor of Mt. Zion Missionary Baptist Church. The City Clerk called the roll as follows: Present: Mayor She11. Absent: None a regular meeting of the Council of the City Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Minutes of the regular meeting of April 22, 1981 were approved as presented. Upon a motion CORRESPONDENCE by Councilman Payne, communication from complete KBAK-TV, Channel 29, dated March 31, 1981, requesting a agenda package, was received and ordered placed on file. request Pacific support Powerplant and Industrial Fuel Use Act, was received and referred to the Energy Committee for recommendation back to the Council at the next meeting. Upon a motion by Councilman Barton, communication from Associated Students, Cal State Bakersfield, dated May 5, 1981, regarding tuition for State Colleges, was received and referred to the Legislative Committee. Councilman Means and Councilman Mayor She.~l reque..~'that the Council consider the from~K~K-TV, Channel 29. Upon a motion by Councilman Means, communication from Gas and Electric Company, dated April 27, 1981, requesting from the Council for the repeal of Section 301 of the Payne expressed an urgency in this matter, a recommendation come back to the Council, next Council meeting. and requested that if possible, by the Bakersfield, California, May 6, 1981 - Page 2 COUNCIL STATEMENTS Councilman Rockoff referred to a letter from the State Solid Waste Management Board concerning the City Dump, which is located in the 3rd Ward, and asked the Public Works Director if the City is doing everything necessary to comply with the request within the grace period. Public Works Director Hawley stated he has been in contact with the Kern County Public Works Department and has requested that he be kept advised of the discussion they have with the State Solid Waste Management Board. Councilman Rockoff inquired as to what the grace period was. Mr. Hawley stated he believed the grace period to be 90 days. Councilman Rockoff commended the Police Department for their efforts in "Operation Stay in School" program, and stated he hoped they would continue. Councilman Means expressed his concern over Pacific Gas and Electric Company burning PCB Oil at their plant on Rosedale Highway. Upon a motion by Councilman Means, staff was requested to obtain a copy of the State Health Department's report regarding the effects or hazards of burning PCB Oil; that someone from the local Health Department appear at the next meeting to inform the Council of some of the hazards or laws that may have been violated.; and that the City Attorney meet with the County and State Health Department officers to determine if any laws were violated, and to come back to the Council with any recommendations for action. Councilman Means also expressed concern about Bakersfield being used as a dump site for the PCB Oil that is being shipped here from other P. G. & E. service areas in California. Upon a motion by Councilman Payne, James Redstone, 7209 Outingdale, was reappointed to the Planning Commission, term expiring April 17, 1985. Bakersfield, California, May 6, 1981 - Page 3 Relations Citizens' REPORTS Councilman Strong, Chairman of the Intergovernmental Committee, read Report No. 2-81 regarding Senior Facility as follows: On March 18, 1981, the City Council authorized staff to purchase an option on a site for a Senior Citizens Center. On March 25, staff reported to Council that the Bakersfield Associa- tion of Retarded Citizens (BARC) facility at 530 4th Street was available. Staff was then authorized to enter into a $1,000 option for that site for a 45-day period. Since that time, staff has been in discussion with BARC staff regarding purchase and opera- tion of that site as a Senior Citizens Facility. An operating agreement has been developed between BARC and the City for operation of the facility which has been reviewed by this committee. Under that agreement, the City would use Block Grant funds to acquire, design and remodel the facility for use as a Senior Center and lease it to BARC for two years. BARC would operate the facility, entering into appropriate subcontracts with senior program service providers. The City will provide $25,000 for the first year to cover operational expenses associated with the center. Additionally, BARC would establish a senior citizens non-profit corporation for the purpose of assuming responsibility for continued operation and maintenance of the center within a two year period. At such time as this corporation is capable of taking over this function from BARC, an agreement between the corporation and the City would be executed for that purpose. The Committee believes that BARC has the expertise and administrative ability to carry out the provisions of this agree- ment on a self sufficient basis. Therefore, it is the recommendation of this committee that: The Senior Citizens Facility operating agreement between the Bakersfield Association of Retarded Citizens and the City be approved and the Mayor authorized to execute same, and o Staff be authorized to purchase the facility at 530 4th Street for the purpose of establishing a Senior Citizens Center. Also, staff authori- zation to review the appraisal of the Bakersfield, California, May 6, 1981 - Page 4 353 BARC owned property at the northeast end of 5th Street and include this property in the purchase if it is deemed to be of value to the Center. Upon a motion by Councilman Strong, Intergovernmental Relations Report No. 2-81 regarding Senior Citizens' Facility, was accepted; Agreement between the Bakersfield Association of Retarded Citizens and the City, was approved and the Mayor authorized to execute same; staff was authorized to purchase the facility located at 530 4th Street for the purpose of estab- lishing a Senior Citizens' Center, at a price of $450,000.00; and purchase the BARC owned property located at the northeast end of 5th Street, at a price of $35,000.00. City Manager Philip Kelmar and Councilman Strong commended the staff for all of their efforts and hard work on the Senior Citizens' Facility Project. Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 9-81 regarding Development Services Classification Changes, as follows: In January of this year, the City Manager reorganized the administration of the Community Development Block Grant Program and the Redevelopment Agency's programs by transferring responsibility from the Director of Fire and Development Services to the Assistant City Manager - Personnel. As a follow-up to this reorganization, the sta£f recently recommended additional changes which they feel will result in more efficiencies within these two depart- ments. The Governmental Efficiency and Personnel Committee has met with the staff and we are in agreement with the following changes: Reclassify the present vacant classi- fication of Development Services Coordinator to Assistant Planning Director at the same salary level. Reclassify the Principal Planner position in Community Development to Economic Development Coordinator at a salary range of $2,415 to $2,916 per month. This will result Bakers£ield, California, May 6, 1981 - Page 5 in an additional cost of $5,500 annually, however, these costs will be paid through Redevelopment funds and the Community Development Block Grant. Sufficient funds are available for the remainder of the fiscal year. Change the title of Community Development and Housing Coordinator to Community Development Coordinator. o Re-e~ablish the classification of Building Inspector I, at a salary rate of $1,514 to $1,845 per month. In order to effectuate these changes, the Governmental Efficiency and Personnel Committee is recommending Council approval of the changes in the salary resolution and new job specifica- tions. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 9-81 regarding Development Services Classification Changes and new job speci- fications was accepted, and recommendations as outlined in the report were approved. Adoption of Resolution No. 28-81 of the Council of the City of Bakersfield amending Resolution No. 42-80, setting salaries and related benefits for officers and employees of the City o£ Bakersfield. Upon a motion by Councilman Payne, Resolution No. 28-81 of the Council of the City of Bakersfield amending Resolution No. 42-80, setting salaries and related benefits for officers and employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Noes: None Absent: None Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 6-81 regarding Amendment to the City's Bingo Ordinance as follows: The Auditorium-Recreation Committee held two meetings to consider the proposed amend- ment to the City's Bingo Ordinance. Bakersfield, California, May 6, 1981 - Page 6 The meeting of April 21, 1981, was attended by representatives of the Bakersfield Police Department and the City Attorney's Office. The Committee was presented with information and suggested bingo restrictions recommended by the Department of Justice. Councilman Rockoff requested that the City Attorney consider incorporating a restriction on the licensing of bingo operations so that persons holding positions with one licensed organiza- tion could not obtain another license under the name of another organization. The Committee also recommended that the ordinance require that before an application be filed, the organization must have been in operation for at least six months; as had been recom- mended by the Alcoholic Rehabilitation Organization (Detox). Members of the Committee reported that approximately 90% of the community input to them urged that bingo be restricted to once per week per organization. The Committee meeting of April 28, 1981, was attended by members of the Alcoholic Rehabilitation Program (Detox-MAAP) and California Human Abuse Matrix for Preven- tion Services (CHAMPS). The Committee listened to both organizations present information in support of allowing bingo to be played three times per week. The Committee advised the attendees that the overwhelming response from the community in general was to limit bingo to one time per week per organization. The City Manager reminded the Committee that the bingo ordinance adopted by the City Council was never intended to provide the main source of income for any organization. As a result of the above-described meetings, the Auditorium-Recreation Committee recom- mends that the City Council adopt the attached emergency ordinance which makes the following changes to the present bingo ordinance: Requires that an organization have been actively engaged, in the City, in activities described in its articles of incorporation for not less than six (6) months prior to the filing of the application; The applicant's officers, directors and/or salaried employees cannot hold such positions in another organization which has a license to conduct bingo games in the City; and 3. Bingo games may be conducted no more than once per week. Bakersfield, California, May 6, 1981 - Page 7 Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 6-81 regarding Amendment to the City's Bingo Ordinance, was accepted. Adoption of Emergency Ordinance No. 2639 of the Council of the City of Bakersfield amending Chapter 7.12 of the Municipal Code of the City of Bakersfield by adding Section 7.12. 035 and amending Sections 7.12.010, 7.12.040 and 7.12.200 relative to Bingo Games. Upon a motion by Councilman Christensen, Emergency Ordinance No. 2639 of the Council of the City of Bakersfield amending Chapter 7012 of the Municipal Code of the City of Bakersfield by adding Section 7.12.035 and amending Sections 7.12.010, 7.12.040 and 7.12.200 relative to Bingo Games, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Noes: None Absent: None City Manager Philip Kelmar presented a report regarding UDAG Grant for Downtown Shopping Mall as follows: The City Council is well aware that the City has now applied three times for an Urban Development Action Grant (UDAG) to support the funding necessary for the proposed down- town shopping mall and been rejected all three times. I feel it is now time for the City to take a serious look at whether to pursue this another time. The City has recently learned we are being removed from the eligible list for the UDAG program effective July 31 as a result of a change in UDAG distress standards. This would pertain for any new projects the City would desire to apply for. However, our present application would remain eligible. In addition, a recent financial analysis which I requested, was performed by Cal Hollis, financial consultant to the Redevelopment Agency, which indicates an increase in the estimated project costs of $1.1 million if the City were to begin property acquisition in October, 1981. This analysis also indicates alternatives for funding this additional cost, none of which appears very probable. Bakersfield, California, May 6, 1981 - Page 8 35'? I feel the passage of time and resultant effects of inflation have made this project very doubtful using the UDAG scenario. In addition, the recent action by UDAG regarding the City's eligibility further clouds the possibility of realistically expecting any funding in the future. It would, therefore, be my recommendation the City Council act not to file for UDAG funding for this project in the future. Upon a motion by Councilman Means, recommendation of the City Manager that the City Council not pursue UDAG funding for the Downtown Shopping Mall, was approved. Councilman Payne abstained from this motion. Chief Price presented a report regarding the Police Department's 1980 Annual Report, breifly outlining the activities and statistics that are included in this report. Chief Price also thanked the Council, employees of the City and citizens of the City of Bakersfield for their continued support. City Manager Philip Kelmar urged the members of the Council to review this report. Upon a motion by Councilman Barton, the Bakersfield Police Department's 1980 Annual Report was received and ordered placed on file. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6533 to 6636, inclusive, in the amount of $209,003.12 (b) (c) Claim for Damages from Pacific Gas and Electric Company, 1918 "H" Street, Bakersfield, (Refer to City Attorney) Claim for Damages from Jose L. Lujan 4600 Kenny Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages and Personal Injuries from Joyce Clarice Lemaster, 8828 Glenda Street, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Three Way Leasing, 3800 California Avenue, Bakersfield. (Refer to City Attorney) 35S Bakersfield, California, May 6, 1981 - Page 9 (f) Pipeline License Agreement with the Atchison, Topeka and Santa Fe Railway Company for the installation of a 24" RCP storm drain under the tracks at the extension of "V" Street. (g) Notices of Completion and Acceptance of Work on the following: Tract No. 4218, Farm Financial, Road and Actis Contract No. 80-22 with Inc., located at Planz Street. Tract No. 3915, Contract No. 79-36 with Lawton Powers and Dean A. Gay, located at Auburn Street and Fairfax Road. (h) Plans and Specifications for construction of Kroll Park Sump Underdrain System Modifications. (i) Plans and Specifications for construction of Ming Avenue Bridge at the Arvin-Edison Canal. (Refer to Budget Review and Finance Committee) (J) Contract Change Order No. 1 to Contract No. 81-50 with Micon for construction of Utility Conduits and Pipelines for the South Wing Addition to City Hall. This Change Order is necessary to provide computer service to South Wing Addition to City Hall and increases the cost of the contract $347.61. Total contract price as a result of this increase is $17,544.61. Upon a motion by Councilman Means, 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 Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Ratty, low bid of Alcorn Fence Company, in the amount of $65,734, to fence north bank of Carrier Canal, was accepted, all other bids rejected, and the Mayor was authorized to execute the Contract. Bakersfield, California, May 6, 1981 - Page 10 Upon a motion by Councilman Payne, low bid of Kern County Roofing, in the amount of $19,400, to resurface roof of Police Department Building, was accepted, all other bids rejected, and the Mayor was authorized to execute the Contract. Upon a motion by Councilman Ratty, low bid of Stewart Electric Supply, in the amount of $11,075.56, for ballasts, starter aids and lamps (64 each), was accepted and the other bid rejected. DEFERRED BUSINESS Approval of Lease Agreement with Knight's Building Materials for City-owned property located at 1611 and 1612 "S" Street. Mayor Shell announced that Councilman Payne would not participate in this matter due to a real or imaginary conflict of interest. Councilman Ratty made a motion to accept the high bid of Knight's Building Materials, in the amount of $2,505.50, for lease of City-owned property at 1611 and 1612 "S" Street, and the Mayor be authorized to execute the Lease Agreement. Councilman Rockoff requested that the staff be authorized to negotiate a lease subject to confirmation by the City Council, and that this should also be included in the motion. Councilman Ratty amended his motion that the high bid from Knight's Building Materials, in the amount of $2,505.50, for lease of City-owned property located at 1611 and 1612 "S" Street, be accepted and the other bid rejected; and that staff be authorized to negotiate the lease subject to confirmation by the Council. Ayes: Noes: This motion carried by the following roll call vote: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff, Strong None Absent: None Bakersfield, California, May 6, 1981 - Page NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 8.48.055 (b), suspending the Refuse Collection Fees for the period June l, 1981 to May 31, 1982. This ordinance will suspend the Refuse Collection Fees for another year. This will allow the City to maintain the inte- grity of the ordinance establishing these fees, which was adopted prior to Proposition 13. This will provide the City with the necessary flexibility should the Council decide to impose these fees in the future. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 8.48.055 (b), suspending the Refuse Collection Fees £or the period June l, 1981 to May 31, 1982. First reading of 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 south of Panama Lane and west of South "H" Street. The application for this amendment was made by Carl R. Moreland and would change subject properties from a P.U.D. (Planned Unit Development) Zone to an R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling), or more restrictive zones, and the Planning Commission recommended approval of this amendment at their meeting of April 16, 1981. 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 south of Panama Lane and west of South "H" Street. Bakersfield, California, May 6, 1981 - Page 12 Adoption of Resolution No. 29-81 of the Council of the City of Bakersfield approving the issuance of Bonds by the Redevelopment Agency of the City. Mayor Shell announced that Councilman Payne would not participate in the following matter due to a real or imaginary conflict of interest. City Attorney Richard Oberholzer presented a report regarding the rehabilitation of the First Baptist Church, located on the northeast corner of Truxtun and "L" Streets, which is being developed by Bell Tower Associates. Included in this rehabilita- tion is a two-level parking structure to be located on the south- west corner of 17th and "M" Streets. Bell Towers came to the staff asking that the City contribute to their project as part of the Redevelopment area. This project will not cost the City or Agency any tax increment money, nor will it subject the City or Agency to any liability in the event of a default on these bonds they are proposing to be sold. There may be some slight cost to the City with respect to staff work that will go into the preparation of the issuances of these bonds. However, all o£ the bond counselors' costs, and the legal costs from the City Attorney's Office will be reimbursed upon the sale of the bonds. The Agency in effect would act as a conduit for the sale of these Mortgage Revenue Bonds, which are tax free. In addition, the City will receive 1/8 of a point on the Mortgage Revenue Bonds that are issued due to the Agency acting as a conduit for the sale of these bonds. The City will also receive the tax increments as a result of the rehabilitation of this project. William Kuhs, a partner in Bell Towers Associates, outlined the program and f~nancing for the rehabilitation of the First Baptist Church. He stated that this project is listed in the Register o~ National Historic Places, and that is why they had originally embarked on this project. Bakersfield, California, May 6, 1981 - Page 13 Mr. Kuhs stated that the Resolution of Intent to issue bonds is not a commitment on the part of the Council or Agency to issue bonds in the future, nor is it a commitment on the part of the developer to enter into an agreement with the Redevelopment Agency or lender. It is simply a Resolution of Intent that must be adopted by the Legislative Body prior to Bell Towers Associates qualifying for funds to be used in the construction for reimburse- ment with this type of financing. Only funds which are expended subsequent to the adoption of the Resolution would qualify. He stated they have interrogated this program carefully and cannot find any negative aspects, and also stressed that neither the City nor the Agency would be under any obligation or liability upon the adoption of this Resolution. Robert Clayton, Economic Consultant, outlined the purpose in adopting this Resolution for issuing bonds. Councilman Means inquired if Bell Tower Associates plans to provide any area in this project for public use. Mr. Kuhs stated that under the contract Bell Tower Associates signed with the State, it requires that portions of the project be available to the public. However, he could not give a definite answer as to what area will be provided for public use, at this time. Dewey Sceales explained the parking for this project. Mr. Kuhs stated that the ordinance requires 121 spaces, but that Bell Towers Associates will be providing 150 spaces, which is 20% more parking than necessary. Upon a motion by Councilman Ratty, Resolution No. 29-81 of the Council of the City of Bakersfield approving issuance of Bonds by the Redevelopment Agency of the City, Bakersfield, California, May 6, 1981 - Page 14 36;3 including the provision that an agreement with the developer come back to the Council providing terms and conditions that will be satisfactory to the Agency and the City, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Ratty, Rockoff, Strong Noes: None Absent: None Abstaining: Councilman Payne Authorization granted Finance Operations Manager to request Bid Proposals on an unbudgeted Truck Mounted Aerial Device. truck mounted aerial device, has been recommended for replacement in the 1981-82 budget. The present aerial lift on this unit is inoperative and does not conform to OSHA standards. The Public Works Director recommends that the Finance Operations Manager be authorized to proceed with the request for bid proposals at this time in order that the unit can be purchased as soon as the 1981-82 budget is approved. Upon a motion by Councilman Means, the Finance Operations Manager was granted authorization to request bid proposals for an unbudgeted Truck Mounted Aerial Device. Approval of Negative Declaration and Mitigation Measures for a proposed project by Independent Valley Energy Company to construct a ten-inch pipe- line to transfer upgraded crude oil between a proposed refinery located in the unincorporated area of Kern County (Northwest Metropolitan Bakersfield) and Kelly Pump Station located at the southerly end of the San Joaquin Valley. The Independent Valley Energy Company proposes a ten- inch pipeline within a 15-foot corridor approximately 3.5 miles in length running through the west side of the City, generally along the Arvin-Edison Canal and Gosford Road right-of-way from north of the Kern River to Pacheco Road. Bakersfield, California, May 6, 1981 - Page 15 City staff, from Public Works, Water, Fire, Building and Planning, reviewed the proposal and found the project, subject to mitigation measures, would not have a significant adverse effect on the environment. Upon a motion by Councilman Means, Negative Declaration and Mitigation Measures for a proposed project by Independent Valley Energy Company to construct a ten-inch pipeline to transfer upgraded crude oil between a proposed refinery located in the unincorporated area of Kern County (Northwest Metropolitan Bakersfield) and Kelly Pump Station located at the southerly end of the San Joaquin Valley, were approved by the following roll call vote: Councilman Barton, Rockoff, Ayes Noes Absent: None None Christensen, Means, Payne, Ratty, Strong Approval of Agricultural Water Enter- prise Operating and Capital Outlay Budget for Fiscal Year 1981-82, 1981 Water Price and Sand Sale Schedule and Establishment of General Financial Reserve. This year the 1981-82 Water Enterprise Budget consists of three components. The first includes the Operations and Capital Outlay Budget; the second is the 1981 Water Price and Sand Sale Schedule; and the third is the establishment of a General Financial Reserve Account which would provide funding for dry, low-income water years and provide a contingency for emergency repairs and/or natural disasters. This 1981-82 Agricultural Water Enterprise Budget was approved by the Water Board on April 29, 1981. Upon a motion by Councilman Christensen, Agricultural Water Enterprise Operating and Capital Outlay Budget for fiscal year 1981-82, 1981 Water Price and Sand Sale Schedule and establishment of a General Financial Reserve, were approved. Bakersfield, California, May 6, 1981 - Page 16 Councilman Strong questioned Chief Price as to why there seems to be an increase in the prostitution activity on Union Avenue. Chief Price stated that there has been a severe crackdown on prostitution in Las Vegas and Los Angeles over the past few weeks. When this occurs, the girls hit the circuit, and Bakersfield happens to be on that circuit. Chief Price also indicated he is looking into the possibility of establishing an abatement procedure which could be conducted against motel operators for conspiracy, which has been successful in other cities. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Strong, the meeting was adjourned at 10:30 P.M. ATTEST: Council of the City of Bakersfield ps Bakersfield, California, May 20, 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., May 20, 1981. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation in the form of a prayer submitted by Reverend John E. Corson, First United Methodist Church of Bakersfield. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong Absent: Councilman Barton Minutes of the regular meeting of April 29, 1981 and May 6, 1981, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Charles Sharpe, 4300 Easton Drive, extended an invitation to the Mayor, Council and public to attend the Kern Energy Fair to be held on May 23, 1981, in Beach Park. Chief Jacob Cobb, representing the Ani-Yun-Wiya Society, stated when he appeared a few months ago a misunderstanding developed as to what is being requested. All they are asking is a letter supporting the concept of the project, which does not involve tax dollars or government funding. Private funds are being sought. With the aid of a scale model, Mr. Cobb described the plans for the Inter-Tribal Ceremonial Grounds. Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 2-81 regarding Inter-Tribal Ceremonial Grounds - Ani-Yun-Wiya Society, as follows: On March ll, 1981, the Council received a request from Mr. Jacob Cobb, Chief of the Ani-Yun-Wiya Society, to endorse the concept of an Inter- Tribal Ceremonial Grounds to be located on a 40- acre parcel south of, and above, Hart Memorial Park. The Council referred the request to staff for study and recommendation to the appropriate Council Committees. Bakersfield, California, May 20, 1981 - Page 2 367 On May 7th the Water and City Growth Committee met on this matter and discussed the following: PROJECT SITE Forty-acre site occupying the northwest quarter of the northwest quarter of Section 6, Township 29 South, Range 29 East. The site is located south of, and above, Hart Memorial Park. The parcel is very irregular in elevation and falls from an elevation of approximately 900 feet on the northeast, east and south into two canyons, at the northwest portion of property to approxi- mately 760 feet. Access to the site is proposed from Alfred Harre11 Highway within Hart Memorial Park through unincorporated area. PROJECT DESCRIPTION The plan proposes the following facilities 1. Public campgrounds - 200 camp sites. 2. Indian campgrounds - 200 camp sites. 3. Outdoor theater and Indian museum. o Ceremonial grounds: Seating capacity - Bleachers ............. 5,000 Ceremonial ground ..... 2,767 5. Barbecue facilities - 5,000-pound capacity. 6. Public parking - 750 cars. 7. Package treatment plant for sanitation facilties. 8. Water supply - not known. 9. One means of access from Alfred Harrell Highway in Hart Memorial Park. Prior to the Committee meeting, the Police, Public Works and Development Services Depart- ments (Fire, Building and Planning) were asked to review the proposed project as it related to their area of concern and report their findings and recommendations. The following are a general consensus of opinion of the Committee, and various Depart- ments' review of the proposed project: PHYSICAL SITE CONSIDERATIONS The existing terrain would require extensive grading to accommodate the plan as proposed. The required cut and fill slopes along the perimeter of the property would substantially reduce the usable acreage of the site and, Bakersfield, California, May 20, 1981 - Page 3 accordingly, it would not appear the site could accommodate the plan. LAND USE CONSIDERATIONS Adjacent properties along the east and south boundaries are zoned R-1 (One Family Dwelling), and suitable for residential development pending extension of streets and utilities (water, sewer, electric and gas). Although ceremonial grounds would probably experience maximum attendance infrequently, and the grade of the proposed site would by necessity be approximately 100 feet below the adjacent R-1 properties (east and south), there would be a problem of compatibility due to noise from major events and smoke and odors from the campgrounds and cooking facilities. ACCESS CONSIDERATIONS As per statement by Jacob Cobb, the access to the site would be from Alfred Harrell Highway from Hart Memorial Park. The area between the 40-acre site and Alfred Harrell Highway is in the unincorporated area and would be under County jurisdiction. It would appear the grade on any access road from Alfred Harrell Highway would be in excess of 15 percent, which would be eight percent in excess of the present City standard. The Police and Fire Departments express concern of one access road for emergency vehicle response to the site, especially at events drawing large numbers of people and vehicles. SEWER No public disposal facilities are available in the area. A package treatment plan is proposed to handle sanitary sewer needs. Unless adequate effluent storage is provided as part of the package plant, effluent disposal will become a major problem during peak periods of usage. It appears the land area for effluent disposal is very limited during the time period when campgrounds are in continuous use. WATER SUPPLY (Fire Protection) Staff has not verified a source of water for the project. The City Water Department has advised that the Hart Memorial Park water rights are limited to the present acreage of the park lands only. The Fire Department is very concerned about available water supply for fire protection purposes. The Fire Department does not have enough information as to the type, size or Bakersfield, California, May 20, 1981 - Page 4 or construction of structures to develop the correct water flow requirements at this time. The Department also noted the long distance from a fire station or emergency medical help. POLICING OF LARGE EVENTS The Police Department is not equipped nor staffed to police large gatherings, such as proposed, without additional logistical and financial considerations. PARKING CONSIDERATIONS' City Zoning Ordinances require one parking space per each five (5) seats. Stated seating capacity is 5,000 for bleachers and 1,767 for ceremonial grounds. Based on the parking requirements of the Zoning Ordinance 1,353 parking spaces would be needed. The plan indicated 750 parking spaces. ZONING STATUS AND PROJECT APPROVAL Site is presently zoned R-i, and shown on the General Plan as Open Space due to the extreme topographic variation. The proposed project, by City Ordinance, would require approval by Conditional Use Permit through the Board of Zoning Adjustment. The Board of Zoning Adjustment would review the project in light of the concerns and findings outlined herein. A Negative Declaration may suffice for environ- mental review requirements if all the concerns are mitigated to the satisfaction of the various City departments. The Water and City Growth Committee and City staff are of the opinion the concept of the proposed project has great merit, and would provide a facility for the Ani-Yun-Wiya Society. However, based on the above findings, the Committee feels another site should be investi- gated. Councilman Ratty made a motion that Water and City Growth Committee Report No. 2-81 regarding Inter-Tribal Ceremonial Grounds - Ani-Yun-Wiya Society, be accepted. After considerable discussion, Councilman Payne offered a substitute motion that Water and City Growth Committee Report No. 2-81 regarding Inter-Tribal Ceremonial Grounds - Ani-Yun-Wiya Society, be accepted; and the concept of the Inter-Tribal Ceremonia~ Grounds Project, be endorsed. This motion carried with Councilmen Christensen and Strong voting in the negative. '37O Bakersfield, California, May 20, 1981 - Page 5 Adoption of Resolution No. 30-81 of the Council of the City of Bakers- field endorsing the concept of a Inter-Tribal Ceremonial Grounds Project. Upon a motion by Councilman Christensen, Resolution No. 30-81 of the Council of the City of Bakersfield endorsing the concept of a Inter-Tribal Ceremonial Grounds Project, was adopted by the following roll call vote Ayes: Councilmen Christensen Means, Payne, Ratty, Rockoff, Strong Noes: None Absent: Councilman Barton PRESENTATION OF PLAQUES Mayor Shell and Police Chief Price presented a plaque to Mr. Rick Banning, 2321 Charleston Street, in recognition of his act of heroism in aiding a fellow citizen on April 24, 1981. Mr. Banning, along with Richard DiMaggio, acting without regard for their own safety, apprehended a suspect after observing that he was assaulting and robbing Ron Ralph, a resident of Gorman, Calif. Mr. Richard DiMaggio was not present to receive his plaque. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Young Americans for Freedom, dated April 2~1981, mation regarding upcoming City Council Meetings, referred to staff for response. requesting infor- was received and Upon a motion by Councilman Rockoff, communication from Golden Empire Transit, dated May 11, 1981, submitting a copy of their budget for the 1981-82 Fiscal Year, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from Kern High School District, dated May 13, 1981, regarding Notice of limited availability and option to purchase, lease and/or leaseback certain school district land, was received and referred to the Public Works Department for response. Bakersfield, California, May 20, 1981 - Page 6 Councilman Means stated Dr. Hebertson, Kern County Health Department, is present tonight to bring the Council up to date on the request made at the last Council Meeting regarding the burning of oil containing PCB at the P. G. & E. plant. Dr. Hebertson, Kern County Health Department, stated the incident relates to the burning of PCB at Pacific Gas & Electric's power plant in Bakersfield and came to his attention on May 6, 1981. After consulting with his staff and the State Health Department it was felt there was a probable violation of the State law pertaining to the transport, storage and disposition of hazardous waste. On that basis a Cease & Desist Order was issued to P G'& E and it was requested that they furnish certain information in order to make a better evaluation and structure an investigation. Visits have been. made to the site and samples of matter stored there have been obtained. The Kern County Health Department has been advised that the extensive information requested has been prepared and should reach their office late this week or early next week. That is where the investi- gation stands at this time. Dr. Hebertson stated he is concerned about the possible environmental impacts of disposing of PCB in such a manner. Incineration is an effective means of disposing of PCB, under proper circumstances. Whether or not the proper circumstances exist here is the question that needs to be answered. This matter will be pursued until a proper determination is made. The State is also conducting an investigation. Dr. Hebertson introduced Mr. Robin Cook, Sanitarian for the Kern County Health Department, who is conducting this investigation. Councilman Means requested a report or a solution from staff or the S.P.C.A. by the next Council Meeting regarding the problem of dogs running in packs at night in his neighborhood. Councilman Payne commended Mr. their act of heroism and requested that matter special consideration. Banning & DiMaggio for the news media give this Bakersfield, California, May 20, 1981 - Page 7 Councilman Ratty made a motion that the abatement pro- cedures of the Sign Ordinance be referred to the Water and City Growth Committee for study and recommendation back to the Council. Councilman Strong stated he has never been satisfied with the Sign Ordinance and if there are going to be changes made he would encourage the City to hold public hearings so affected persons can voice their opinions. Councilman Rockoff offered a substitute motion that the effective date of the abatement procedures of the Sign Ordinance be moved forward three months to allow time for the committee to make some decisions and people will not be faced with noncompliance if the Council does not intend to enforce it. City Attorney Oberholzer stated that change requires an ordinance. Councilman Rockoff requested that the City Attorney draft an ordinance moving forward the abatement requirements in the Sign Ordinance that go into effect in July by three months. Councilman Ratty amended his motion that the entire problem with the Sign Ordinance be referred to the Water and City Growth Committee for report back to the Council as soon as possible. This motion was unanimously approved. REPORTS Councilman Means, Chairman of the Energy Committee, read Report No. 2-81 regarding Use of Natural Gas for Electrical Genera- tion, as follows: At the Council Meeting of May 6, 1981, a letter from Mr. Mike Moore, District Manager of Pacific Gas & Electric Company, regarding the repeal of Section No. 301 of Power Plant and Industrial Fuel Use Act was referred to the Energy Committee for study and recommendation. As stated in Mr. Moore's letter, 58% of all electrical energy consumed in California is produced by burning natural gas and oil. Section 301 of the Power Plant and Industrial Fuel Act places restrictions on the consump- tion of natural gas due to shortage the Country was experiencing during 1978. Bakersfield, California, May 20, 1981 - Page 8 Natural gas resources have become much more plentiful with recent exploration, and there are economic benefits to be gained by burning natural gas for electrical generation rather than burning oil. Pacific Gas and Electric Company is requesting the City Council to support efforts to repeal Section 301 for this reason. The Energy Committee agrees with Pacific Gas & Electric Company, and recommends that the City Council adopt the resolution supporting the repeal of Section 301 of the Power Plant and Industrial Fuel Use Act. No. 2-81 accepted. Upon a motion by Councilman Means, Energy Committee Report regarding Use of Natural Gas for Electrical Generation, was Adoption of Resolution No. 31-81 of the Council of the City of Bakers- field expressing support for legis- lation removing the restrictions and prohibitions on the use of Natural Gas in Utility Powerplants. Upon a motion by Councilman Means, Resolution No. 31-81 of the Council of the City of Bakersfield expressing support for legislation removing the restrictions and prohibitions on the use of Natural Gas in Utility Powerplants, was adopted by the following: roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong Noes: None Absent: Councilman Barton Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 6-81 regarding Purchase of Additional Refuse Containers, as follows. In November, 1980, the City of Bakersfield instituted a new, more efficient refuse collection system to help eliminate trouble- some litter and trash in our alleys. At the same time, this operation allows the City to serve more homes for fewer tax dollars. In fact, a savings of approximately 60% is realized in the cost of refuse collection by using this automatic collection system. The automatic collection system uses containers with a 300 gallon capacity. At the present 374 Bakersfield, California, May 20, 1981 - Page 9 time, the City has 400 of these containers, serving approximately 1,400 residences. Since the program began in November, there have been no complaints relative to the automatic collection system. On the contrary, the City has received numerous requests for the collection system to be implemented in other areas. The staff proposes to expand the automatic collection system to include an additional 3,500 residences. In order to expand the system, it will be necessary to purchase an additional 1,000 containers. The estimated cost of the 1,000 containers is $120,000. Since providing refuse collection to the 3,500 residences through the automatic collection system will result in a 60% savings, the pay- back time on the cost of the containers will be 16 months. The $120,000 cost would be off- set primarily by the City expanding its service area, consequently, reducing the amount paid to the independent refuse collection contractors. This committee concurs with staff and recommends that $120,000 be transferred from the Council Contingency Fund for the acquisition of the 1,000 containers needed to expand the automatic collection system. After an assurance from City Manager Kelmar, Councilman Strong requested that the record show that there is no recommendation from staff or the Budget Review and Finance Committee for any deletion of staff as a result of this action. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 6-81 regarding Purchase of Additional Refuse Containers, was accepted; and Budget Transfer, in the amount of $120,000, from the Council Contingency Fund for the acquisition of 1,000 containers needed to expand the automatic refuse collection system, was approved. Mayor Shell, Chairman of the Pension Board of the Fire Department Relief and Pension Fund, read a report recommending an amendment to Chapter 5.38.010 of the Municipal Code, as follows: When the Fire Department Relief and Pension Fund (Chapter 5.38 of the Municipal Code) was originally adopted by the City Council, the Pension Board of the Fund was made up of the Mayor, City Manager, Finance Director, Fire Chief, and three active members of the Fund elected from and by the membership of the Fire Department. Bakersfield, California, May 20, 1981 - Page l0 in i972, Fire Service personnel were changed by the Council to the State's Public Employees' Retirement System. Active members of the Fire Department no longer participate in the Relief and Pension Fund. Several members of the Relief and Pension Fund requested to have the Ordinance changed to enable them to be eligible for the three elected positions on the Board, and to be nominated and elected by the retired membership of the Fund. On April 30, 1981, the Pension Board met and acted on this matter. The Board recommends that Chapter 5.38.010 of the Municipal Code be changed to include the following: That members of the Fund be eligible for election as members of the Pension Board, and the Pension Board will determine a reasonable time, form and manner for each election; and that an election shall be scheduled at the earliest possible time after the date, if and when, this amendment becomes effective, and that elected members shall serve terms not longer than five years. Upon a motion by Councilman Rockoff, report from the Pension Board of the Fire Department Relief and Pension Fund, was accepted; and the City Attorney was instructed to draft an Ordinance amending Section 5.38.010 of the Municipal Code as outlined in the report. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6637 to 6960, inclusive, in the amount of $1,420,467.70. (b) Claim for Damages from Jessie Robinson, aka Jessie Stewart, 1200 A California Avenue, Bakersfield. (Refer to City Attorney) (c) Sewer Line Easement from the Housing Authority of Kern County to the City of Bakersfield, and Quitclaim Deed for Sewer Easement from the City of Bakersfield to the Housing Authority of Kern County, located within the Plaza Towers property north of Wilson Road and east of Wible Road, to move an existing sewer to a new location required for new building construction. (d) Storm Drain Easement from Michael Watten- barger, Inc., and Daniel A. O'Neill and Yinci V. O'Neill, as required by the Planning Commission for Tract No. 4140, located north of Olympia Drive, east of North Half Moon Drive. 37B Bakersfield, California, May 20, 1981 - Page 11 (e) (f) (g) (h) (i) (J) (k) (1) (m) Sewer Line Easement from Robert C. Olshausen to the City of Bakersfield and Quitclaim Deed from the City of Bakersfield to Robert C. Olshausen, located between White Lane and Aldrin Court, west of Grissom Street, to allow for construction of a more economical line and will service the same area. Alley Right-of-Way Easement from Charlotte Darehshori, located between Brundage Lane and 1st Street, and Oleander Avenue and "F" Street, required because of a zone change. Map of Tract No. 3978, Units 2 & 3, and Improvement Agreement with The Development Groupe for construction of improvements therein, located on south side of Bernard Street, west of Oswell Street. Notice of Completion and Acceptance of Work for Wilkins Street Fire System Up- grading, Contract No. 80-47 with California Water Service Company. Notices of Completion and Acceptance of Work for: Construction of Utility Conduits & Pipe- lines for the South Wing Addition to City Hall, Contract No. 81-50 with Micon. Improvements on Auburn Street between Piper Way and Fairfax Road, Contract No. 81-43 with Granite Construction Company. Tract No. 4004 (A), Contract No. 80-97 with Covington Brothers Technologies, located at Jonah Street at Galina Court. Application for Encroachment Permit from Covington Technologies, P.O. Box 3128, Fullerton, California, for construction of a 4 foot high wrought iron fence behind back of sidewalk at 4908 and 4912 Jonah Street. Plans and Specifications for construction of the west half of Ashe Road between White Lane and District Boulevard. Plans and Specifications for construction of Beach Park Security Lighting. Amendment No. 1 to Economic Development Administration (EDA) Grant No. 07-01-02358 on the Fairhaven Water System. Special Condition #8 of the EDA Grant requires that all right-of-ways and property titles per- taining to the project be provided prior to release of funds. The amendment post- pones meeting this condition until the final disbursement of funds. This is necessary because of the water storage facilities from the Regional Occupation Center of Kern has not cleared escrow. As soon as escrow closes the title to the property will change and Special Condition #8 will be met. Bakersfield, California, May 20, 1981 - Page 12 377 (n) (o) (P) (q) (r) (s) (t) Request from The Development Groupe, Inc., for Extension of Time to complete improve- ments in Tract No. 3798, Unit 1, Contract No. 79-65. The Developer has requested an Extension of Time to June 30, 1981. The Public Works Department recommends approval. Request from Wattenbarger-Stahl for Ex- tension of Time to complete improvements in Tract No. 4171, Agreement No. 80-69. The Developer has requested an Extension of Time to November 7, 1981. The Public Works Department recommends approval. Request from Moreland Engineering, Inc., for annexation of property located north of State Highway 178, approximately 0.4 mile west of the intersection of Alfred Harrell Highway and Highway 178, containing approximately 20 acres of land. (Refer to Planning Cornmission for study and recom- mendation) Request from Moreland Engineering, Inc., for annexation of property located on north side of Hosking Avenue and the east side of Kern Island Canal, near South "H" Street, containing approximately 44 acres of land. (Refer to Planning Commision for study and recommendation) Request from Moreland Engineering, Inc., for annexation of property located on south side of Watts Drive, 260 feet east of Cottonwood Road, containing approxi- mately 54.5 acres of land. (Refer to Planning Commission for study and recom- mendation) Notice of Partial Completion and Acceptance of Work on Truxtun Avenue Extension, Phase II, FAU Project No. M-F 252(1), Contract No. 80-48 with Granite Construction Company. This project was completed on May 19, 1981, except for Item No. 74, Pump Station. The Public Works Department recommends that all work, with exception of the Pump Station, be accepted for maintenance by the City. Contract Change Order No. ll 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 is necessary to increase the quantity for erosion control and to apply water to the erosion constrol in accordance with the Special Provisions. It also provides for the installation of five l½ inch diam- eter weep holes in the pump station storage box to conform with Caltran's requirements. The Change Order increases the contract $5,748.82. Total contract price as a result of this increase is $3,017,308.19. Bakersfield, California, May 20, 1981 - Page 13 (d), (e), (q), (r), following roll call Ayes Noes Absent: Upon a motion by Councilman Means, Items (a), (b), (c), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (s) and (t) of the Consent Calendar, were adopted by the Francis, vote: Councilmen Christensen, Strong Means, Payne, Ratty, Rockoff, None Councilman Barton ACTION ON BIDS Upon a motion by Councilman Payne, low bid of James G. in the amount of $147,949, for A. C. Pavement on portions of South "H" Street, Fairview Road and White Lane, was accepted, all other bids rejected, the Mayor was authorized to execute the contract, and authorization was granted to use $15,949 from Account No. 33-293-9500. Upon a motion by Councilman Rockoff, bids of Polaris Battery Company, in the amount of $8,507, for 18 items and A-1 Battery Company, in the amount of $969.27, for 6 items, for Annual Contract for Automotive Batteries, were accepted, all other bids rejected and the Mayor was authorized to execute the contracts. Upon a motion by Councilman Ratty, low bid of James G. Francis, in the amount of $97,149.50, for resurfacing portions of Truxtun and Chester Avenues and reconstructing a portion of Eye Street, was accepted, all other bids rejected, the Mayor was authorized to execute the contract and expenditure of $8,149.50 from Account No. 55-293-9500, was approved. Upon a motion by Councilman Ratty, low bid Safety Electric Corporation, in the amount of $94,863, for construction of Traffic Signal on California Avenue at Mervyn's main entrance, was aproved, all other bids rejected and the Mayor was authorized to execute the contract. Mervyn's will pay 100% of the cost of this project. Upon a motion by Councilman Ratty, low bid of Denio & Norcross, in the amount of $12,940, for construction of a Multi- Bakersfield, California, May 20, 1981 - Page 14 379 Purpose Building at Planz Park, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2640 New Series of the Council of the City of Bakersfield amending Section 8.48.055 (b), suspending the Refuse Collection Fees for the period June 1, 1981, to May 31, 1982. Upon a motion by Councilman Christensen, Ordinance No. 2640 New Series of the Council of the City of Bakersfield amending Section 8.48.055 (b), suspending the Refuse Collection Fees for the period June 1, 1981, to May 31, roll call vote: Ayes: Noes: Absent: 1982, was adopted by the following' Councilmen Christensen, Payne, Ratty, Rockoff, Strong Councilman Means Councilman Barton Councilman Means clarified his negative vote by stating he would rather see the Garbage Tax eliminated rather than suspended. Adoption of Ordinance No. 2641 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 Panama Lane and west of South "H" Street. The application for this amendment was made by Carl R. Moreland and would change subject properties from a P.U.D. (Planned Unit Development) Zone to an R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling) Zones. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2641 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 Panama Lane and west of South "H" Street, finding said zonings consistent with the General Plan, were adopted by the Bakersfield, California, May 20, 1981 - Page 15 following roll Ayes: Noes: Absent: call vote: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong None Councilman Barton NEW BUSINESS Adoption of Emergency Ordinance No. 2642 New Series of the Council of the City of Bakersfield amending Section 11.04.620 of the Bakersfield Municipal Code by adding Subsection 5, relative to direction of traffic on Beach Park Streets, north of 21st Street. This Emergency Ordinance establishes a one-way traffic pattern for streets within Beach Park, making for more orderly traffic flow and access by emergency vehicles. This ordinance was requested by the Police and Public Works Departments. Upon a motion by Councilman Ratty, Emergency Ordinance No. 2642 New Series of the Council of the City of Bakersfield amending Section 11.04.620 of the Bakersfield Municipal Code by adding Subsection 5, relative to direction of traffic on Beach Park Streets, north of 21st Street, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong None Councilman Barton 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 4809 and 4813 Durham Avenue. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject properties from an "A" (Agricultural) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. Bakersfield, California, May 20, 1981 - Page 16 The Planning Commission recommended approval of the zoning without the application of the "D" Design Overlay Zone based on City Council action approving the ZORAC Report which replaced the "D" Design Overlay Zone with a site plan review process. 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 4809 and 4813 Durham Avenue. 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 southwest corner of Harris Road and Stine Road. The application for this amendment was made by Portfolio Properties, Inc., and would change subject property from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission recommended approval of this amendment. 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 southwest corner of Harris Road and Stine Road. 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 Panama Lane No. 3 Annexation. This amendment will zone upon annexation those certain properties in the County of Kern located north of Panama Lane, wesl; of Stine Road and south of the McKittrick Branch of the Southern Pacific Railroad, to an R-1 (One Family Dwelling), C-1 (Limited Commercial), M-1-D (Light Manufacturing - Architectural Design) and M-2-D (General Manufacturing - Architectural Design) Zones. Bakersfield, California, May 20, 1981 - Page 17 The Planning Commission recommended approval of the zonings upon annexation without the application of the "D" Design Overlay on the M-1 and M-2 zones, based on the City Council action approving the ZORAC Report which replaced the "D" Design Overlay Zone, with a site plan review process. 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 Panama Lane No. 3 Annexation. 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 Stockdale No. 12 Annexation. This amendment will zone upon annexation those certain properties in the County of Kern located on the south side of Stockdale Highway at E1 Rio Drive, to an R-1 (One Family Dwelling) Zone. 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 Stockdale No. 12 Annexation. Adoption of Resolution No. 32-81 of the Council of the City of Bakers- field to include Fence and Awning Business in the list of uses permitted by Conditional Use Permit in the C-2 (Commercial) Zone. This resolution adds fence and awning business in C-2 Zones by Conditional Use Permit, makes the findings required by Section 17.52.040, and is consistent with findings and recommenda- tions made by the Planning Commission. This additional use is made subject to the following condition: ". ......... same shall be conducted wholly within a building; provided further that said uses shall not include outside storage unless such storage is screened from public view by a fence enclosure not less than six (6) feet in height and composed of masonry or chainlink with slats." Bakersfield, California, May 20, 1981 - Page 18 Upon a motion by Councilman Payne, Resolution No. 32-81 of the Council of the City of Bakersfield to include Fence and Awning Business in the list of uses permitted by Conditional Use Permit in the C-2 (Commercial) Zone, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong Noes None Absent: Councilman Barton Adoption of Resolution No. 33-81 of the City Council of the City of Bakersfield consenting to the pro- posed assignment by Bakersfield Courthouse Racquetball/Handball Courts of its rights and obligations under Agreement 76-110, and amend- ments thereto, to Gannon Enterprises, Inc. and Rudy Kochevar. The partners of the Bakersfield Courthouse have requested the consent of the City Council to transfer and assign their lease- hold interest in the racquetball courts at Beach Park to Gannon Enterprises, Inc., and Rudy Kochevar. Article XIII of Ground Lease No. 76-110, provides that the City Council must consent to such transfer, and that such consent must be given by resolution. The City's consent may not arbitrarily be withheld. The Council must act on the request within ten days or at its next regular meeting (whichever is later). The unaudited Financial Statements have been submitted by Gannon Enterprises and Rudy Kochevar. The staff has requested additional financial information. The assignees must also file a written document with the City Manager assuming all of the rights, liabilities and obligations of the lease. Assistant City Manager-Finance Higginbotham indicated that the staff has received the required financial information and is satisfied. Mr. Dennis Cutler, partner in the Bakersfield Courthouse Racketball/Handball Courts, explained that this assignment was made pursuant to the Assignment Section in the lease. Bakersfield, California, May 20, 1981 - Page 19 Upon a motion by Councilman Means, Resolution No. 33-81 of the City Council of the City of Bakersfield consenting to the proposed assignment by Bakersfield Courthouse Racquetball/Handball Courts of its rights and obligations under Agreement 76-110, and amendments thereto, to Gannon Enterprises, Inc., and Rudy Kochevar, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff, Strong Noes: None Absent: Councilman Barton Termination of Agreement No. 79-52 with EDAW, Incorporated, for prepa- ration of a Revised Housing Element to the Bakersfield Metropolitan Area General Plan. This agreement between the City of Bakersfield, County o~ Kern and EDAW, Inc., was entered into on March 27, 1979. Since that time a number of organizational changes have occurred at EDAW. At this time it is believed that cancellation is in the best interests of the City. The County of Kern's staff concurs in this position, therefore, staff requests authorization to negotiate an agreement with Karen Northcutt and Aron Clemens, current sub- contractors to EDAW, Inc., on this matter, for completion of the Housing Element. Upon a motion by Councilman Payne, Agreement No. 79-52 with EDAW, Incorporated, for preparation of a Revised Housing Element to the Bakersfield Metropolitan Area General Plan, was terminated and staff was authorized to negotiate an agreement with Karen Northcutt and Aron Clemens for necessary work to complete the Housing Element. Approval of Contract with Musicians' Union Local 263 for Nine Band Concerts in Beale Park. Upon a motion by Councilman Means, Contract with Musicians' Union Local 263 for nine Band Concerts to be held in Beale Park commencing June 14, 1981, and extending through August 10, 1981, was approved and the Mayor was authorized to execute same. Bakersfield, Cali£ornia, May 20, 1981 - Page 20 Approval of Amendment No. 1 to Agree- ment No. 80-158 with John Carollo Engineers providing the terms and conditions for assisting the City during construction of the Interim Wastewater Facilities at Wastewater Treatment Plant No. 3. The consultant will provide those services which require special expertise, such as, review of periodic inspection of all electrical vide start-up services as required by all shop drawings and making' and mechanical work and pro- the City. The estimated cost of this service is $25,000. Sufficient funds are available in the project account for this work. Upon a motion by Councilman Ratty, Amendment No. 1 to Agreement No. 80-158 with John Carollo Engineers providing the terms and conditions for assisting the City during construction of the Interim Wastewater Facilities at Wastewater Treatment Plant No. 3, was approved, at a cost not to exceed $25,000, and the Mayor was authorized to execute same. Authorization granted for Councilman Means and one staff member to attend one of the Public Workshops sponsored by the State of California's Advisory Committee on Hazardous Waste Facility Siting Criteria. Councilman Christensen read an informational sheet from the Governor's Office on three public workshops that will be held on Non-Radioactive Hazardous Waste in Martinez, San Gabriel and Fresno, and stated he felt it was important for someone from the City of Bakersfield to participate by attending one of the meetings. Upon a motion by Councilman Christensen, Councilman Means and one staff member were authorized to attend one of the Public Workshops sponsored by the State of California's Advisory Committee on Hazardous Waste Facility Siting Criteria, and report back to the Council on the issues discussed, solved, etc. Bakers£ield, California, May 20, 1981 - Page ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:50 P.M. MAYOR of the of Bakersfield, Calif. ATTEST: CITY CLERK an~ Ex O~f~i~lerk of the Council of the City of Bakersfield, California ma Bakersfield, California, June 3, 1981 3 q'7 Minutes of a special meeting of the Council of Bakersfield, California, held in the Council Chambers of Hall at 6:30 P.M., June 3, 1981. The meeting was called to order by Mayor Shell. The City Clerk called the roll as follows: Present: Mayor Absent: None of the City City Shell. Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen EXECUTIVE SESSION Upon a motion by Councilman Christensen, the Council recessed to an Executive Session for consultation with Nicholas Counter, City's Labor Negotiator, regarding Labor Negotiations. The Special Council Meeting was reconvened at 7:58 P.M. RECESS Upon a motion by Councilman Means, the Council recessed the special meeting at 8:00 P.M., until Wednesday, June 17, 1981, at 6:30 P.M. OR of the/City df Bakersfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, June 3, 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., June 3, 1981. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation in the form of a prayer submitted by Dr. Glenn Puder, Pastor Emeritus of the First Presbyterian Church. The City Clerk called the roll Present: Mayor Shell. Absent: None Minutes of the approved as presented. as follows: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen regular meeting of May 20, 1981 were CORRESPONDENCE Upon a motion by Councilman Payne, communication from the Kern River Parkway Committee, P.O. Box 1861, Bakersfield, dated May 12, 1981, submitting a copy of their contribution to the Kern County General Plan, was received, ordered placed Qn file and referred to the Water and City Growth Committee. Upon a motion by Councilman Ratty, communication from T.A.D., Professional Services, P.O. Box 6471, Santa Ana, California, dated May 12, 1981, regarding Assembly Bill 1771 for training on aerosol tear gas units, was received, ordered placed on file and referred to the Legislative Committee. Upon a motion by Councilman Means, communication from City of Huntington Beach, dated May 22, 1981, regarding a special briefing for Southern California Mayors and Councils on Municipal Homeowners Insurance, a program that will increase home safety in communities, reduce insurance costs for residents and help subsidize police and fire operations, was received, ordered placed on file and members of the Budget Review and Finance Committee were authorized to attend the workshop. Bakersfield, California, June 3, 1981 - Page 2 Upon a motion by Councilman Ratty, communication from the City of San Bernardino, dated May 27, 1981, requesting opposition to Assembly Bill 112 (Lockyer), which would require Charter Cities to submit their projects and financing plans for industrial develop- ment types of projects to a State Commission, was received and referred to the Legislative Committee. Upon a motion by Councilman Rockoff, communication from Cleta Bird, 242 "H" Street, dated May 27, 1981, requesting that her license for buying gold and silver be reinstated, was received and referred to the City Attorney for response. In response to a question by Councilman Strong, City Attorney Oberholzer stated he intends to notify Mrs. Bird that through her attorney she waived her hearing. This stipulates the probable cause for revocation Of her license, consequently there is nothing for the Council to reconsider. Mrs. Bird can reapply for a permit pursuant to Chapter 7.18 of the Municipal Code. Upon a motion by Councilman Payne, communication from Ralph Andersen and Associates, dated May 29, 1981, requesting a date to review their draft report regarding the City's Management Compensation practices with the Governmental Efficiency and Personnel Committee and Management staff, was received and referred to the Governmental Efficiency and Personnel Committee. Upon a motion by Councilman Rockoff, communication from Cornerstone Engineering, Inc., dated June 2, 1981, requesting a General Plan Amendment £or commercial use of property located approximately one half mile north of the intersection of Panorama Drive and Fairfax Road, along the Fairfax Road extension, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Means stated in regards to his request aT the last Council Meeting regarding dogs running loose late at night, Sue Hoy from the S.P.C.A. is present tonight to address the issue. Bakersfield, California, June 3, 1981 - Page 3 Sue Hoy, S.P.C.A., stated unfortunately Councilman Means lives in a problem area. The S.P.C.A. is usually in that area several times a day. About the only thing that can done is, if the address of the dogs homes can be obtained, contact the owner and advise them of the Leash Law. The S.P.C.A. is now handing out copies of the Leash Law to every complaint party that is called on. People are being advised that this law also applies between the hours of 5:00 P.M. and 8:00 A.M. The only other solution is to use the dog trap. Councilman Means indicated he would meet with Ms. Hoy at the S.P.C.A. facility to discuss the trap and other possible solutions. Mayor Shell stated she received a letter from the 25th Annual Sister Cities Conference informing the City that Bakersfield has been elected to receive a Special Achievement Award in the 19th Annual Sister City Awards sponsored by the Readers Digest Foundation. REPORTS Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 7-81 regarding Possession of Alcoholic Beverages in City Parks, as follows: The City has received requests to restrict the drinking of alcoholic beverages within the City parks. In light of the request, staff has suggested several alternatives that may be considered by the City Council: 1. No change (drinking and possession permitted). 2. No possession of alcoholic beverages in City parks after a certain time say 9:00 P.M. 3. No possession of alcoholic beverages in neighborhood parks. Possession permitted only in Beach, California, Patriots and Central parks. 4. No possession of alcoholic beverages in any City parks. This Committee recognizes the need to examine these alternatives as well as develop additional alternatives. This Committee also recognizes that restricting the drinking and/or possession of alcoholic beverages in City parks would place Bakersfield, California, June 3, 1981 - Page 4 39'1 additional demands on the Police Department, which is currently responding to calls on a priority basis. This Committee feels that this matter can best be addressed by the Budget Review and Finance Committee during its budget deliberation with the Police Department and other departments. Consequently, this Committee recommends that this matter be referred to the Budget Review and Finance Committee to analyze the suggested alternatives, develop additional alternatives and determine the financial impact of enforce- ment. (The following is a transcript, requested by Councilman Christensen, of the statements made regarding the report on Possession of Alcoholic Beverages in City Parks.) COUNCILMAN STRONG: Yes, I was going to ask some questions once Councilman Christensen moved to accept the report. MAYOR SHELL: We need a motion. COUNCILMAN CHRISTENSEN: I move to accept the report. MAYOR SHELL: And approve the recommendations? COUNCILMAN CHRISTENSEN: And approve the recommendations. COUNCILMAN STRONG: I was wondering if the Committee, or any one of the Committee, would care to comment on whether or not you felt that the Council ultimately would approve one o£ those recommendations, which would result in additional law enforcement; and, if so, is that the reason why you were referring this matter the Budget Review and Finance Committee? CITY MANAGER KELMAR: I think that the concern was that the Police Department is presently taking calls on a priority basis, as it is and we have a backlog of calls. The discussion centered around that. The Budget Review and Finance Committee, in their deliberations this year on the budget, has decided that they will get into a discussion on the various service levels and get an understanding of the different services that the various departments are performing. It was felt that this discussion could be held when they do meet with the Police Department, the Police Chief and the Captains, and get a better understanding of the levels of service and what type of calls they are responding to and what type of ones Bakersfield, California, June 3, 1981 - Page 5 they aren't; and to get a better feeling for what the ramifications of something like this may mean in terms of additional services. Could the department not do some other things and maybe respond to these types of situations? I think that was the nature of the discussion. If that's of any help to you, Councilman Strong. COUNCILMAN STRONG: I'm wondering if .... the question was, is whether or not the Committee felt that the problem was of such magnitude that, indeed, it was going to be adopted and that this move was merely to assess the impact of enforcing it in the various: parks. I'm wondering if there shouldn't be a finding of some kind by the Council so as to have the matter .... in other words there should be some kind of findings by the Council and I .... before you're going to refer it to the Police Department. CITY MANAGER KELMAR: Well no. That's not the point. I think .... I would consider this like any other type of an item that, for example, a request for additional funds, or whatever, that comes to the Council for budget consideration that would go to the Committee, would address during their budget discussions and there would be some report or reaction back in the report that would come back to the Council. This should .... I would think that this would be specifically addressed by the Committee and there should be some kind of response to the rest of the Council when they do report back on their budget deliberations. So there is a point where the Council would have an opportunity to consider whatever .... the rest of the Council would have an opportunity to input or comment on whatever their decision may be. COUNCILMAN STRONG: What I'm saying though is, should it be considered in the first place? I mean here you're referring it to a committee to discuss and determine the financial impact of enforcement. I'm saying that before that's done it seems to me that some determination should be made by the Council that the problem is of sufficient magnitude to be referred for a financial impact consideration. That hasn't been done. Bakersfield, California, June 3, 1981 - Page 6 CITY MANAGER KELMAR: felt that they had enough input something to be considered. COUNCILMAN STRONG: to say. Then that's what I'd Well, I think that the Committee from citizens that they felt it was Okay, Okay, that's what I wanted you like to take just a moment to examine. The source of that input. Who it was that compiled it? What department or was it a person? Was it specifically related to drinking? Was it noise? Was it litter? Indecent exposure or what was it? CITY MANAGER KELMAR: Well, I can tell you that I met with a lady that had all of those. MAYOR SHELL: I did too. COUNCILMAN STRONG: One woman? CITY MANAGER KELMAR: Well, no I'm just saying I've met with somebody. I don't .... you know .... COUNCILMAN STRONG: See there is a difference between a thousand complaints and one person making a .... I mean a .... CITY MANAGER KELMAR: Well no, let me make it clear. I didn't bring this issue up. COUNCILMAN STRONG: think before it is referred Mayor, I'm just saying that I know .... No .... but what I'm saying is that I to the Budget Review and Finance Committee to consider the financial impact, I would like to see it discussed in a committee where, indeed, it was decided that some- thing was going to be done about it or the problem was of sufficient magnitude that something was going to be done, and then the Budget Review and Finance Committee would consider the financial impact. I think before you do that I'd just like to see at least a public hearing held on this kind of thing, because it affects a lot of people. Somebody sitting in the park having a beer, in my judgmenl;, as opposed to somebody who is keeping up noise in the park is two different things. One could be just perfectly law-abiding and quiet and the other could not even have any beer. I think there should Bakersfield, California, June 3, 1981 - Page be a hearing and there should be sufficient opportunity to draw some kind of distinction between what the problems are and to make a determination that the problems are drinking related. I don't think that's been done. CITY MANAGER KELMAR: Well, all I can say is that if that's something that the Council desires then .... I know some of the Committee members were concerned and you might get their re- action. COUNCILMAN STRONG: I wanted to know if any Committee member wanted to respond to the question of whether or not the complaints have been documented. If the other members of the Council could review those complaints so that we all would have an ample opportunity to respond to those. I'd like to know how many there were and who made those? Where they originated from? If the Police Department, indeed, was getting calls or if it was Public Works or Parks and Recreation? I'd like to know where they came from. COUNCILMAN CHRISTENSEN: Mr. Strong's point is well taken. I'd like to add a few comments to this. I'd like to point out that Mr. Means was absent and Mr. Rockoff and I met with the members of the staff and also of the Park and Recreation Department. The reason this problem arose was because of a .... I personally, myself, received strong letters and received phone calls from other individuals that complaints never arose where there wasn't residences around ~hem; such as, Beach, California, Patriots and Central Parks. But the bitter complaints arose where there was residences. I think to hold an open meeting here, where these individuals could talk, they would have to be backed up with the Police Department. Because some of them have rentals and they can't rent the places because of undecent exposure in the park, excessive drinking and loud noise after midnight, fist fights, car banging .... oh you ought to read the things. If you want a few dirty phrases I could even go into that, Bakersfield, California, June 3, 1981 - Page 8 but I don't think we need it. I think that if we hold an open meeting on this we will have to guarantee the residents protection. That's how bitter it is around residences, because they have had it up to their ears. I'm sure that you people and you Councilmen, you owned property on the edge of the park and you were kept awake at three o'clock in the morning by fist fights and beer drinking and urinating against the trees and on dogs even .... and I can tell you a lot more if you'd like to hear it. Now, I would like to have a motion from this Council that we have an open hearing and not only that, that we demand that the Police Department extend full protection to the people who testify. I so move. MAYOR SHELL: You move to have an open hearing on the question of this .... pardon. ASSISTANT CITY CLERK ANDERSON: There is a motion on the floor already. MAYOR SHELL: That's a substitute motion. Yours is a substitute motion, isn't it? COUNCILMAN CHRISTENSEN: Yes .... yes. ASSISTANT CITY CLERK ANDERSON: He made the motion. That would be an amendment. MAYOR SHELL: Oh, that's right. Councilman Christensen I don't think that you can make a substitute motion to your own motion, can he? COUNCILMAN MEANS: He can withdraw his original motion. MAYOR SHELL: I guess so, yeah. He can withdraw the original motion. All right .... all right. You moved to have an open hearing, public hearing .... COUNCILMAN CHRISTENSEN: Yes .... MAYOR SHELL: .... on the question of .... would you .... COUNCILMAN CHRISTENSEN: The noise around parks where residences are established and of the problem o£ drinking and the related things that grow out of excessive drinking and so on and so forth. But, I want it understood that the Police will back Bakersfield, California, June 3, 1981 - Page 9 these individuals up and protect them, because I'm not having them come down here, naked before God and everybody, and then have their house burnt down, which they have been threatened. MAYOR SHELL: Is that part of the motion, Police protection? COUNCILMAN CHRISTENSEN: Absolutely .... absolutely let the Council vote on it. COUNCILMAN MEANS: I had just a couple of comments. I also think Councilman Strong's point is a good point. I think the Auditorium-Recreation Committee should make a finding and I think we were close to doing that, but we also wanted to consider it during budget times or have the Budget Review and Finance Committee consider it .... really as an example of the things we really need to do more often now and in the future. Then when we decide to look at an ordinance that requires any kind of action or department then it is going to require money and so we're going to have to also make the decision of allocation. At least from what I know and from some preliminary discussions with the Police Department and from people, even if we had an ordinance, it would not necessarily require additional personnel, it simply would be a tool that they could use to enforce that. On the other hand, perhaps, we were too quick in doing that, but that was our intent. I would support a motion that it be referred back to the Auditorium-Recreation Committee. I would hope that Councilman Christensen would do that. I think a public meeting, a public hearing, would be fine, but again, normally what we do is refer a matter to a committee and see what their thoughts are and I would hope that we could refer this back to your Committee and the Committee could made some recommendations. After that .... after that Committee meeting if we wanted I think that would be an excellent idea. Christensen that you would do that. Then to have a public hearing I would hope'Councilman in response to Council- man Strong's points, I have had a number of complaints, certainly from Wayside Park where a number of people were on particularly Bakersfield, California, June 3, 1981 - Page l0 397 Saturday and Sunday nights and now they, as I understand it, they are over at Beach Park and the complaints that I have gotten have been numerous, as well as the concerns of the Police Department that were brought to us ~ast week, or last meeting on the traffic problems. I certainly think it warrants some serious consideration and, in fact, I intend to support some kind of ban on drinking, based on the complaints I have. I have also talked to this particular individual that has talked to a number of the other people, but the complaints I have gotten are far in excess of fifty to a hundred people. That's why I felt like it was an important issue. In response to your question, again, I would hope that Councilman Christensen would withdraw his substitute motion and refer this back to the Auditorium-Recreation Committee for a recommendation. After they've met to then have a public hearing. COUNCILMAN CHRISTENSEN: I have no desire, your honor, of covering up a public hearing, but I want the people protected. I think that the people have a right to come down here and spill their guts and tell the truth, under oath. I'd like the Council to react to that. If they really mean what they say, let's have it. If they don't let's move on and get some other additional comments and maybe I can accept what you have stated, because I am sincere enough to know that it is a problem. It is not a problem amongst the average local yokel of this town. It is not a problem in these parks where there's no residences around them. It is a problem of taxpaying residences around parks and we should face up to it. COUNCILMAN ROCKOFF: In the discussion at the Recreation Committee meeting the problem came up. We realized that there is a serious problem and it seems to have been brought out tonight, but when you prepare an ordinance it has to be an ordinance that you can enforce and that is why we recommended that we bring it to the Budget Committee, because it is going to be the responsibility of the low enforcement agencies of this City to enforce the ordinance. Bakersfield, California, June 3, 1981 - Page We have to understand how practical we can make an ordinance before we pass it or otherwise we just have words written on a piece of paper and it won't mean anything and that's why it was referred to the Budget Committee. COUNCILMAN PAYNE: Well, I agree with Councilman Christensen that it is time that we faced up to the problem and, for one, I am happy to do that. This problem does exist in every park in this City and I also have had numerous complaints, which I relayed to City staff. But, I don't think this body can be expected to instruct the Police Department to establish protection for complaining citizens as the number one priority over homicides and rapes, robberies and arsons, and other life threatening situations and crimes. I would support an open public hearing on the matter, however, I would recommend it wouldn't be held here. I don't think this facility is large enough to handle the irate citizens that would respond. I think the input and response would be overwhelming. I would at this particular point support Mr. Means' recommendation, and in failing that, I would support Councilman Christensen's recom- mendation, if he would remove the portion requesting that we demand the Police Department to provide that protection. COUNCILMAN CHRISTENSEN: Your honor .... MAYOR SHELL: There is some other .... unless you want to respond to that. COUNCILMAN CHRISTENSEN: I want to respond to that. An ordinance is only of value if up don't make the ordinance. COUNCILMAN STRONG: it is backed up. If it is not backed I regret that there's absolutely so much misunderstanding on points I tried to make very clearly. My only concern has to do with how much of the problem, of which we've generalized here, is concerned with drinking. I think that deter- mination should be made. If you stop the drinking in the parks of somebody who just wants to go out with the family and barbecue on Bakersfield, California, June 3, 1981 - Page 12 399 an open grill, then sit there, play a little ball, have a beer .... if you concern that behavior with behavior which is unruly, noisy, littering, that kind of thing late at night .... I think we're talking about two different kinds of behavior and I think we may be mis- construing whether or not one is drinking related or not drinking related. All I'm saying is, I think there should be some distinction made as to what causes the kind of behavior under question. If you prohibit .... declare some kind of prohibition on the drinking and you allow the parks to remain open you could just as easily have the same problem. If you don't enforce the rule in all of the designated spots and you're selective as to where you do enforce the rules, I think you're going to have another problem. What I'm suggesting is that rather than just emotionally try to induce the staff .... the Council to come up with an ordinance prohibiting drinking in the parks, I'd just like to see the matter looked into to see if the things that people are objecting to are drinking related. It's as simple as that. I am not against investigating the matter to see what can be done, but I just take issue with the fact that the matter has been referred to the Budget Review and Finance Committee to consider the financial impact of enforcing it, before a finding has been made that the behavior, which is in question, is drinking related. I find it a little difficult to believe that somebody could go out in a park on a holiday and have a picnic without having a beer. If this is what this Council wants to do, that's fine, but I think that when we start to consider impact we ought to consider the impact that all of this would have on the County parks, because I would imagine that there would be a mad exodus of City residents to County parks, if the County doesn't change its ordinance. So, I don't want anybody to think that I'm for people staying in parks late at night, the noise and the other problems that could be caused. But I just want to make it clear that I am for some kind of investigation and some kind of authentication Bakersfield, California, June 3, 1981 - Page 13 as to how much this adverse behavior is drinking related. Whether drinking or prohibiting drinking in all the parks or some of the parks would really, indeed, take care of the problem. COUNCILMAN RATTY: I think that this report was rather sketchy in the facts and documentation of the magnitude, and really some of these questions have brought up. I think that referring it back to Committee is where we can find these and give us options and the type of options that I think, probably, they can come up with the .... even probably the cost that would probably have .... Police would be entailed to enforce it if they did. I think in Committee is where this should be, effects to be found and report brought back to the Council and then we could have some- thing to know what to do. So I would support the motion to refer back to Committee. COUNCILMAN CHRISTENSEN: No .... no .... no way .... no way. MAYOR SHELL: There is no motion on the floor. The motion on the floor now is to have a public hearing and guarantee Police protection to the people who participate. COUNCILMAN CHRISTENSEN: Your honor and members of the Council, I should like to point out that among these are alternatives. Most of the written complaints that I have got dealt with rowdyism, noise, 70 to 80 percent of them stem from excessive drinking and late hours, and throwing the bottles in the gutter and fist fights, and like I said all the other things. You notice here in Proposition 2, no possession of alcoholic beverages in City parks after a certain time - say 9:00 P.M. We merely suggested it. In this report near the end, I think this is very important where I said right at the end here, that not only would they consider these alternatives listed here, the Budget Review and Finance Committee, but they also analyze suggested alternatives and develop additional alternatives. In other words, this was not a closed issue by stating these things here. If we turn this back, I wouldn't take this with a hot rock Bakersfield, California, June 3, 1981 - Page 14 back and I'll tell you why, because if I have to go out and gather material to authenticate this, I want Police protection for me and for the people around these parks. Now you can call it emotional or whatever you want to, I'm speaking for people. I'd like to say, I let Mr. Kelmar read one of the letters and he was appalled by the things that are going on. Now, if I go around and collect this I want protection, Police protection, and I'll gather you plenty of it. COUNCILMAN ROCKOFF: Even if we refer this back to Committee, I think that part of the decision is going to have to be made based on budgetary ability to enforce, so I would suggest that at least the financial part of the investigation be turned over to the Budget Committee to report back, then to the Recreation Committee with their findings information and possibly make COUNCILMAN STRONG: so that you'll have additional a decision. I didn't have my light on Mayor, but since you recognized me I'll tell you what, I've made my points and hopefully the Budget Review and Finance Committee then would consider what has been said here and to try to make some determina- tion, a fair determination, whether or not the behavior, which we are objecting to, is drinking related. I think there are a number of people who associate some value to walking out in the park having a beer and just sitting there watching the traffic go by with no intention of being rowdy or disrespectful or anything else. I think some due consideration should be given to that as opposed to somebody who may not drink beer at all, or may not drink at all, and may raise all kinds of sand and cause a lot of disruption. I don't think that based .... the people who are law-abiding and social in their behavior should be stigmatized for that person who is disruptive. So, I won't fight the idea any longer, except for the fact I hope that when the Budget Review and Finance Committee considers this matter that they will consider the fact and try to 4O2 Bakersfield, California, June 3, 1981 - Page 15 make a determination what behavior is drinking related and what behavior is not drinking related. So I a .... with that I call for the question. MAYOR SHELL: Well, we have .... Councilman Means wanted tc had his light on to discuss this. Councilman Means. COUNCILMAN MEANS: Yes, I would like .... I'm going to make a substitute motion that we refer this back to the Auditorium- Recreation Committee for recommendation. MAYOR SHELL: The motion is to refer the matter of rowdyism at City parks to the Auditorium and Recreation Committee. Is there discussion on this motion? COUNCILMAN CHRISTENSEN: Yes .... I wouldn't touch it with a hot rock without Police protection, because the investigation stems 70-80% associated with alcohol and its related hoodlism. COUNCILMAN MEANS: If .... Mayor .... If that's the case, I would make that to the Budget Review and Finance Committee. MAYOR SHELL: Pardon? COUNCILMAN MEANS: If that's the case, I would amend my motion to refer to the Budget Review and Finance Committee. MAYOR SHELL: All right. Councilman Strong your light is on, did you want recognition? why. COUNCILMAN STRONG: MAYOR SHELL: Well, COUNCILMAN STRONG: No .... no, I'm sorry I .... there must be a short .... Just because I talk so much that's MAYOR SHELL: It keeps going on without you .... all right is there further discussion on this motion? COUNCILMAN CHRISTENSEN: Call for the question. MAYOR SHELL: All those in favor please say Aye (a majority of the Council stated Aye) .... Opposed .... COUNCILMAN CHRISTENSEN: Well, are you going to vote on my question? My original motion your honor .... Bakersfield, California, June 3, 1981 - Page 16 403 MAYOR SHELL: This was COUNCILMAN CHRISTENSEN: voted on, my original a .... MAYOR SHELL: Well, COUNCILMAN STRONG: I'd like it to .... I'd like it this was a substitute motion .... That's his motion to refer this that's the report .... to refer it to the Budget Review and Finance Committee .... that's it. ASSISTANT CITY CLERK ANDERSON AND UNKNOWN COUNCILMAN: No, he withdrew that. MAYOR SHELL: He withdrew that and it was restated by Councilman Means. COUNCILMAN CHRISTENSEN: I was told by our Attorney that it could be withdrawn and it could be made. I made the motion and I would like this Council to either stand-up and be counted or to be mealymouthed. If they're .... MAYOR SHELL: Okay, let's review this. Was Councilman Means' .... I know Councilman Christensen made a substitute motion after withdrawing his original motion, so that was on the floor. Then we had a substitute motion offered by Councilman Means. Does this supersede? UNKNOWN: No. CITY ATTORNEY OBERHOLZER: Mayor Shell, what happened was that Councilman Christensen made the original motion then withdrew his motion and made a new motion. There was a substitute motion made to the new motion. So the substitute motion passed. You don't vote on the original motion of Mr. Christensen. MAYOR SHELL: All right .... fine. COUNCILMAN CHRISTENSEN: What was that? Would you please explain that in English. MAYOR SHELL: Could you put the mike in front of you, please, Mr. Oberholzer. CITY ATTORNEY OBERHOLZER: Okay. Councilman Christensen made the original motion to refer this to the Budget Review and 4O4 Bakersfield, Califonia, June 3, 1981 - Page 17 Finance Committee and then withdrew his motion to refer it to the Budget Review and Finance Committee. He then made a new motion, of which I don't recall the exact wording .... MAYOR SHELL: For a public hearing .... COUNCILMAN CHRISTENSEN: For a public hearing .... provide Police protection. CITY ATTORNEY OBERHOLZER: From which there was a sub- stitute motion made. Instead of having a public hearing that the matter be referred to the Budget Review and Finance Committee, the original motion. Well, it was the withdrawn motion by Councilman Christensen., that motion of Councilman Means' was voted upon, the substitute motion. Since the substitute motion passed the motion .... COUNCILMAN CHRISTENSEN: Well, I know, but I want my motion that I had first .... it was never acted upon. Before the substitute motion can be acted upon they have to act upon my motion. I rise to a point of order. CITY ATTORNEY OBERHOLZER: No, Mayor Shell that's not correct. You first vote on the substitute motion and if the substitute motion does not pass then you go back to your motion and vote on that. MAYOR SHELL: Now that's under Mason's Manual, Councilman Christensen. If the substitute motion passes then you do not vote on the original motion. It was offered as a substitute motion. If it did not pass then we would go back and vote on the .... COUNCILMAN CHRISTENSEN: Then the original motion means nothing? MAYOR SHELL: It's been defeated. Is it .... no, no it couldn't even be offered at this point, because the matters been referred to the Budget .... COUNCILMAN CHRISTENSEN: Then we should resort to nothing but substitute motions. (End of transcript) Bakersfield, California, June 3, 1981 - Page 18 40. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 8-81 regarding Bingo Game Permits, as follows: Recently, the City Council amended the "Bingo" Ordinance whereby organizations obtaining Bingo Game Permits would be limited as to the number of games they could have per week. While this committee was considering the referred to amend- ments, the Police Department was requested to report back to this committee the maximum number of organizations it would be able to police, considering each organization would be limited to one game per week under the "Bingo" Ordinance. This committee has been advised by the Police Department that its current staffing and resources would not be able to handle more than 30 games per week. In light of the above, the Police Department has requested that this committee recommend the City Council amend the Bingo Ordinance whereby no more than 30 permits will be issued. This maximum should remain in effect until such time that additional manpower and financing would be made available to the Police Department so as to be able to provide enforcement to additional games. This committee concurs with the recommendation and request of the Police Department and recom- mends that the City Council direct the City Attorney to prepare an amendment to the Bingo Ordinance to limit the issuance of Bingo Permits to a miximum of 30 permits. In answer to a question by Councilman Barton, Lt. O'Rear of the Police Department stated there are, at the present time, 15 permits issued. City Attorney Oberholzer stated permits will be issued on a first come first serve basis, with a waiting list after 30 permits are issued. In answer to a question by Councilman Rockoff about whether or not the present ordinance prohibits transferring permits, City Attorney Oberholzer stated if it is not presently in the ordinance it will be incorporated into the draft when it is prepared. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 8-81 regarding Bingo Game Permits, was accepted; and the City Attorney was directed to prepare an Bakersfield, California, June 3, 1981 - Page 19 amendment to the Bingo Ordinance limiting the issuance of Bingo Permits to a maximum of 30 permits. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 7-81 regarding Annual Audit, as follows: The Budget Review and Finance Committee recently solicited proposals from all CPA firms licensed to do business within the City of Bakersfield. This committee received proposals from seven firms to perform the annual audit of the books of the City of Bakersfield. Of the seven firms submitting proposals, this committee interviewed five and felt that three of the firms more appropriately satisfied the City's needs. The three firms and their fees were: 1. Bailey, Brennan, Slaughter & Co., Accountants, Inc. $16,000 Carpenter, Kuhn, Williams & Sprayberry (Reduced to $17,500 at a later date) $20,127 3. Fox & Company $14,000 Although this committee was inclined to recom- mend that the City Council award the contract to Carpenter, Kuhn, Williams & Sprayberry for the second year, their proposal reflected what this committee felt to be an unreasonable increase in the proposed fee over last year. Also, the committee noted that prior to last year, Fox & Company had performed the City's annual audit for a number of years. The committee felt that in the more recent years, Fox & Company had not staffed the auditing team with personnel having the same level of experience as the auditing team of Carpenter, Kuhn, Williams & Sprayberry and as proposed by Bailey, Brennan, Slaughter & Co., Accountants, Inc., nor had Fox & Company been responsive in keeping this committee informed during the course of the audits. Additionally, it was noted that the firm of Bailey, Brennan, Slaughter & Co., Accountants, Inc. has in-house personnel experienced in the field of computer auditing. Therefore, this committee recommends that the City Council appoint the firm of Bailey, Brennan, Slaughter & Co., Accountants, Inc. as independent auditors of the City of Bakersfield for the fiscal year ending June 30, 1981. This committee further recommends that the City Council express its intention to remain with the same auditing firm for a period of two or three years providing Bakersfield, California, June 3, 1981 - Page 20 the auditing firm performs in a satisfactory manner and any proposed future fees would be reasonable. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 7-81 regarding Annual Audit, was accepted; Contract with the firm of Bailey, Brennan, Slaughter & Co., Accountants, Inc., for Audit of City financial records for Fiscal Year 1980-81, was approved and the Mayor was authorized to execute same; and the Council expressed its intention to remain with the same auditing firm for a period of two or three years providing the auditing firm performs in a satisfactory manner and any proposed future fees would be reasonable. Councilman Rockoff, Chairman of the Budget Review and Finance Committee read Report No. 8-81 regarding New Construction Incentives Program, as follows: In the 1979-80 Community Development Block Grant Application, $150,000 was allocated to the New Construction Inventives Program. The purpose of the program is to stimulate construction of affordable housing by purchasing HUD-approved property and making it available to qualified developers at a reduced cost to bring housing within the financial reach of low- and moderate- income citizens. Recently, three developers submitted proposals to City Council for Community Development funds for land write-down projects. These were referred to the Budget Review and Finance Com- mittee, and staff was further instructed to develop a recommendation on the proposals for committee consideration. The committee's final recommendation, in the form of the program summary attached to this report, has been developed over several meetings. Under the proposed program, developers would identify eligible sites in one of three targeted census tracts--15, 20 and 22. Next, a proposal would be submitted showing evidence of construction financing, plans and spefici- cations, availability of long-term buyer financing, cost breakdown and developer track record. Community Development staff would review these proposals and for those qualified, use Community Development funds, up to a maximum of $6,000 to purchase a single lot. The builder agrees to build and sell the completed unit on that lot at an affordable price to eligible families with the City holding a non-amortized second mortgage on the unit, due upon resale or title transfer Bakersfield, California, June 3, 2981 - Page 21 of the property. Adequate resale controls will be installed to prevent speculation during the first five years. No more than 10 lots will be awarded to any one builder at any one time. A construction performance bond is required to safeguard the City's investment in the land, and the progress payments are made to the builder during construction on a voucher system by the construction lender. Based upon similar ItUD-approved program operated by the City of Santa Maria, Calif., this program has been reviewed and approved by the Los Angeles HUD office, Federal Housing Agency Fresno Office and the Kern County Builders Exchange. All of these agencies believe this program will provide a valuable housing resource to families who otherwise could not afford to purchase such housing in today's market. THEREFORE, IT IS RECOMMENDED THAT: 1. The New Construction Incentives Program be approved; and Community Development staff be authorized to administer the program. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 8-81 regarding New Construction Incentives Program, was accepted; and New Construction Inventives Program was approved and the Community Development staff was authorized to administer the program. Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 9-81 regarding Ming Avenue Bridge at the Arvin-Edison Canal, as follows: When the 1980-81 Capital Improvement Program was submitted to the City Council for review, the staff recommended the City construct the Ming Avenue Bridge at the Arvin-Edison Canal and the developer construct the bridges at Gosford and White Lane crossings. Considerable discussion was held during the budget deliberations concerning the funding of this project, however, the staff was authorized to proceed with the plans and specifications and a decision to proceed with the project would be made by the City Council at the time the plans and specifications were to be approved. On May 6, 1981, the staff submitted plans and specifications for the construction of the Bakersfield, California, June 3, 1981 - Page 22 Ming Avenue Bridge at the Arvin-Edison Canal to City Council for approval. At that time, the City Council referred the matter to the Budget Review and Finance Committee for study and recommendation. This committee addressed the concerns discussed during the budget deliberations last year. Those concerns included the question of the City participating in the cost of construction of the Ming Avneue Bridge and that bridge benefiting primarily one developer in the immediate vicinity. However, it was pointed out the development plan was submitted and approved prior to the City considering other alternatives for participating in the construction costs of major arterials. This committee also expressed a concern re- garding the City paying for the entire con- struction of the Ming Avenue Bridge and the developer paying for the construction of the other two, Gosford and White Lane crossings. The Public Works Director pointed out that the City Council adopted a policy in January of 1979 whereby the City contributes 38% and developers contribute 62% for the construction of major arterials. In the case of the three bridges, the developer agreed to construct two if the City would construct the other. Since all three bridges are identical, the net cost to the City would be 33 1/3%, or an overall savings of 5%, under this approach, This committee concurs with staff recommendations and in turn recommends that the City Council approve the plans and specifications for the construction of the Ming Avenue Bridge at the Arvin-Edison Canal. Upon a motion by Councilman Rockoff, Budget Review and Finance Committee Report No. 9-81 regarding Ming Avenue Bridge at the Arvin-Edison Canal, was accepted; and plans and specifications for the construction of the Ming Avenue Bridge at the Arvin-Edison Canal, was approved. City Manager Kelmar reported that he attended a meeting in Sacramento, last week, regarding the fiscal situation surrounding the State budget. It is apparent all local governments will be losing funds currently being received from the State. The amount will not be known until the State budget is adopted. In light of this and taking into consideration all other options open to the City, it is requested that the Council's Intergovernmental Relations Bakersfield, California, June 3, 1981 - Page 23 Committee open discussion regarding Sales Tax shared with the County of Kern with their Intergovernmental Relations Committee. Upon a motion by Councilman Barton, the matter of Sales Tax shared with the County of Kern, was referred to the Inter- governmental Relations Committee. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6961 to 7132, inclusive, in the amount of $812,835.53. (b) Claim for Damages from Deidre Brothers, 505 South Haley Street, Apt. B, Bakers- field. (Refer to City Attorney) (c) Claim for Damages from Joanna Payne, 1004 Adlante Circle, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Leslie Ann Hunt, 13327 Calle Colina, Poway, California. (Refer to City Attorney) (e) Grant of Easement from the County of Kern providing right-of-way for a proposed turnaround on Westbluff Court, north of Panorama Drive. (f) Map of Tract No. 4399 and Improvement Agreement with Great Western Builders, Inc., for construction of improvements therein, located west of California Avenue between Lennox Avenue and Mohawk Street. (g) Application for Encroachment Permit from Pacific Southwest Realty Co., 333 South Hope Street, Los Angeles, for construction of wall furring extending a maximum of 12" into the right-of-way at the southeast corner of Chester Avenue and 22nd Street. (h) Application for Encroachment Permit from Kevin & Marlene O'Rourke, 3900 Curry Court, Bakersfield, for construction of a masonry wall less than 3 feet high along back of sidewalk at 3900 Curry Court. (i) Application for Encroachment Permit from Martin W. Barnes, 3700 Beam Drive, Ventura, California, for construction of steps and railing from back of sidewalk to property line on Harris Road, at southeast corner of Harris Road and Stine Road. (J) Plans and Specifications for construction of A.C. Pavement on Panama Lane, west of Akers Road. Bakersfield, California, June 3, 1981 - Page 24 (k) Plans and Specifications for installation of Automatic Fire Sprinkler System Facili- ties for South Wing Addition to Bakersfield City Hall. (i) Plans and Specifications for construction of Section 22 Effluent Irrigation System for Wastewater Treatment Plant No. 2. (m) Plans and Specifications for Parking Lot Improvements at the Bakersfield City Hall. (n) Contract Change Order No. 3 to Contract No. 79-147 with Tumblin Company for South Wing Addition to City Hall. This Change Order is necessary to provide additional telephone and duplex receptacle outlets, to revise roof framing for proper align- ment of existing and future railing and several minor miscellaneous changes in connection with the project. The Change Order increases the cost of the contract $2,832.14. Total contract price as a result of this increase is $2,863,279.14. Sufficient funds are available in Account No. 57-493-9200 for this Change Order. (o) Proposed City Standard, "Private Street Gates," S-42. (P) Resolution of the Council of the City of Bakersfield approving the proposal as set forth in the resolution of the Board of Directors of the Olcese Water District declaring its intention to order the acquisition and construction of certain improvements in proposed Assessment District No. 2 of the Olcese Water District and the said map. (Refer to Water and City Growth Committee for study and recommendation) (q) Resolution of the Council of the City of Bakersfield approving the proposal as set forth in the resolution of the Board of Directors of the Olcese Water District declaring its intention to order the acquisition and construction of certain improvements in the proposed Assessment District No. 1 of the Olcese Water District and the said map. (Refer to Water and City Growth Committee for study and recommendation) Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p) and (q) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes: None Absent: None Bakersfield, California, June 3, 1981 - Page 25 ACTION ON BIDS Upon a motion by Councilman Ratty, low bid of M Construction, in the amount of $25,313.78, for Farm Road at Plant No. 3, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rockoff, bid of Glenmac, Inc., in the amount of $4,452.00, for Power Rock Rake, was accepted. Upon a motion by Councilman Means, low bid of McCoy Truck Tire Recap Company, in the amount of $32,001.57, for Annual Contract #11482 - Recapping, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bid of Kern Rock Company, in the amount of $26,139.60, for Annual Contract #10482 - Select Road Materials, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2643 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 southwest corner of Harris Road and Stine Road. The application for this Properties, Inc., and would change (Agricultural) Zone to an R-1 (One amendment was made by Portfolio subject property from an "A" Family Dwelling) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2643 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 southwest corner of Harris Road and Stine Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Christensen Noes: None Absent: None Ratty, Rockoff, Strong, Barton, Bakersfield, California, June 3, 1981 - Page 26 Adoption of Ordinance No. 2644 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 4809 and 4813 Durham Avenue. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject properties from an "A" (Agricultural) Zone to an R-2-D (Limited Multiple Fami~y Dwelling - Architectural Design) Zone. The Planning Commission recommended approval of the zoning without the application of the "D" Design Overlay Zone based on City Council action approving the ZORAC Report, which replaced the "D" Design Overlay Zone with a site plan review process. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2644 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 4809 and 4813 Durham Avenue, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes: None Absent: None Adoption of Ordinance No. 2645 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 Stockdale No. 12 Annexation. This ordinance zones upon annexation those certain properties in the County of Kern located on the south side of Stockdale Highway at E1 Rio Drive, to an R-1 (One Family Dwelling) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2645 New Series of the Council of the City of 414 Bakersfield, California, June 3, 1981 - Page 27 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 Stockdale No. 12 Annexation, finding said zoning consistent with the General Plan, were adopted by the following vote: Councilmen Means, Payne, Ratty, Christensen roll call Ayes: Noes: None Absent: None Rockoff, Strong, Barton, Adoption of Ordinance No. 2646 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 Panama Lane No. 3 Annexation. This ordinance zones upon annexation those certain properties in the County of Kern located north of Panama Lane, west of Stine Road and south of the McKittrick Branch of the Southern Pacific Railroad, to an R-1 (One Family Dwelling), C-1 (Limited Commercial), M-1-D (Light Manufacturing - Architectural Design) and M-2-D (General Manufacturing - Architectural Design) Zones. The Planning Commission recommended approval of the zonings upon annexation without the application of the "D" Design Overlay on the M-1 and M-2 zonings, based on City Council action approving the ZORAC Report, which replaced the "D" Design Overlay Zone with a site plan review process. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2646 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 Panama Lane No. 3 Annexation, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen Noes: None Absent: None Bakersfield, California, June 3, 1981 - Page 28 415 Ayes: Noes: Absent: NEW BUSINESS Adoption of Emergency Ordinance No. 2647 New Series of the Council of the City of Bakersfield amending Section 17.34.200 (g) (2) of the Bakersfield Municipal Code relative to removal of Nonconforming Signs. This Emergency Ordinance extends for three months the date by which specified nonconforming signs must be removed or brought into compliance under Bakersfield Municipal Code Section 17.34.200 (g) (2). This ordinance was prepared upon the request of Councilman Rockoff at the Council Meeting of May 20, 1981. City Attorney Oberholzer corrected page 2 of the ordinance by removing the words "within five years or" from Section 17.34.200 (g) (2). Upon a motion by Councilman Rockoff, Emergency Ordinance No. 2647 New Series of the Council of the City of Bakersfield amending Section 17.34.200 (g) (2) of the Bakersfield Municipal Code relative to removal of Nonconforming Signs, as corrected by the City Attorney, was adopted by the following roll call vote: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen None None Adoption of Resolution No. 34-81 of the Council of the City of Bakers- field fixing the time of Meetings of the Council during the months of May, June, July, August and September, 1981. This resolution sets alternate Wednesdays as regular meeting dates for hearings during the summer schedule. Upon a motion by Councilman Christensen, Resolution No. 34-81 of the Council of the City of Bakersfield fixing the time of Meetings of the Council during the months of May, June, July, August and September, 1981, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Christensen Noes: None Absent: None Ratty, Rockoff, Strong, Barton, Bakersfield, California, June 3, 1981 - Page 29 Approval of Agreement between Karen Northcutt, Consultant, County of Kern and the City of Bakersfield for completion of Revised Housing Element of the Bakersfield Metropolitan Area General Plan. This agreement provides the terms and conditions for completion of the Revised Housing Element. The cost to the City is $2,367.50, and sufficient funds are available in the original project account. Upon a motion by Councilman Payne, Agreement between Karen Northcutt, Consultant, County of Kern and the City of Bakers- field for completion of Revised Housing Element of the Bakersfield Metropolitan Area General Plan, was approved and the Mayor was authorized to execute same after execution by the County of Kern. Councilman Christensen requested that the discussion regarding Report No. 7-81 of the Auditorium-Recreation Committee on Possession of Alcoholic Beverages in City Parks be spread in full in the minutes. City Manager Kelmar stated Mr. Wrex Beaman of the Stanford Research Institute, who was supposed to give a report to the Council tonight on the Emergency Communications System for the City of Bakersfield, did not arrive in time to make his presentation. EXECUTIVE SESSION Upon a motion by Councilman Means, the Council recessed to an Executive Session at 9:20 P.M. for consultation with the City Attorney regarding a litigation matter. The regular Council Meeting reconvened at 9:40 P.M. Mr. Wrex Beaman, SRI International, presented the Council with the Final Report on the Emergency Communications System, City of Bakersfield, California, dated May, 1981. Upon a motion by Councilman Payne, Final Report of SRI International, dated May, 1981, entitled "Emergency Communications System, City of Bakersfield, California," was received and referred to the Budget Review and Finance Committee and staff for study. Bakersfield, California, June 3, 1981 - Page 30 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:50 P.M. MAYOR~ o~~ield, Calif. ATTEST: Ph '1 l~lm~r CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma 418 Bakersfield, California, June 17, 1981 Minutes of a recessed special meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 6:30 P.M., June 17, 1981. The meeting was called to order by Mayor Shell. The City Clerk called the roll as follows: Present: Mayor Shell. Absent: None Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton, Christensen EXECUTIVE SESSION Upon a motion by Councilman Barton, the Council recessed to an Executive Session for consultation with Nicholas Counter, City's Labor Negotiator, regarding Labor Negotiations. The recessed special meeting was reconvened at 7:45 P.M. ADJOURNMENT There being no further business to come before the Council, Upon a motion by Councilman Rockoff, the recessed special meeting was adjourned at 7:50 P.M. MAYOR of the/City of Bakersfield, ATTEST: · ~/~y4~' f ici~k CITY CLERK and/Ex O ~f the Council of the City of Bakersfield, California ma Calif. Bakersfield, California, June 17, 1981 419 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., June 17, 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, Rockoff, Strong, Barton, Christensen, Means Absent: None Minutes of the special and regular meetings of June 3, 1981 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Mike Holdsworth, Coach of the California Bears Soccer? Team, stated the Bears placed second in the 10th Annual International Soccer Tournament in LeVerdon, France, and presented the trophy they won to the Mayor. Mr. Holdsworth introduced the team members who are all 10 to 12 year old boys. Mr. Hank Hinse, Coach of the California Bears Soccer Team, presented a medal France. Judi Wallrath, to Mayor Shell from the Mayor of LeVerdon, representing the Smoking Ordinance Society of Kern County (SOS), presented the Council with a No-Smoking Ordinance and requested that it be adopted. Upon a motion by Councilman Ratty, the No-Smoking Ordinance presented by SOS, was received and referred to the Budget Review and Finance Committee for study and recommendation. Mr. Dan Donahue, John S. Griffith Company, stated he was present tonight to request the Council's concurrence in the approval received last Thursday from the Redevelopment Agency on the develop- ment of a Downtown Shopping Center. At that Redevelopment Agency Meeting, Daon Development Corporation, Vancouver, British Columbia, a new joint venture partner for the proposed Downtown Shopping Center, was introduced. The Council has been provided with financial 42O Bakersfield, California, June 17, 1981 - Page 2 statements, brochures on other Daon developments and he is avail- able to answer any questions. Basically, this is a 50-50 partner- ship. Daon is a financial partner and has committed $45,000,000 to pay for the public parking structure, which heretofore has been part of the Urban Development Action Grant, and the rest of the private money that was shown on all the proformas that were part of the UDAG Application during the last nine months. John S. Griffith Company will remain the developer and all contacts with City agencies will continue through that office. The major depart- ment stores, J. C. Penney, May Co., & Gottschalk's, have requested that we reiterate that they are firmly committed to coming into the downtown area. There is space, as now planned, for four departmen~ stores and approximately 275,000 square feet of satellite shops (approximately 125 stores). Last week, in addition to presenting an Implementation Agreement, a good faith check, in the amount of $500,000, was presented to the Redevelopment Agency, who will be earning interest on that money. This check will be held during the next 60 days while the Development Agreement is reworked. As a result of the parking facility being built by the developer the Development Agreement must be reworked. When that agreement is finalized it will be presented to the Council and Redevelopment Agency for approval. If the agreement is finalized within 60 days, the public portion of this development will be in a position to advance the City the first increment of money. In addition to the $500,000, $2,500,000 will be advanced so the City will have a fund of $3,000,000 to begin property acquisition. Three department stores and John S. Griffith Company are committed to a fall of 1983 opening date. This means we will have to work diligently to have the site cleared and ready for commencement of construction by about this time next year. Mr. Cal Hollis, Katz, Hollis, velopment Agency's Financial Consultant, question by Councilman Rockoff, Mr. Coren & Associates, Rede- stated, in answer to a Donahue and his partners Bakersfield, California, June 17, 1981 - Page 3 42 l approached the Agency's staff a couple weeks ago with this new financial package. One of the questions, over the past year, has been the ability, in certain markets, for the developer to obtain sufficient private financing. The developer now has obtained that financing and is so convinced that the financing is in place, that should the Agency reach an agreement with the developer and the Agency is ready and able to proceed and Mr. Donahue's company is unable, at thatpoint, to obtain financing he has forfeited $500,000. The issue of financing, from the developer's side, appears to be solved. In changing the responsibility of constructing the parking; facility from the Agency to the developer it greatly affects the method of financing the Agency's public improvements. The Agency's staff has not worked with the developer on the revenue and bonding numbers as authorization has not been received by the Agency and Council to proceed. That is what is being requested tonight. The earlier financing plan called for approximately $20,000,000-$22,000,000, and in some preliminary reviews it looks as if that bond issue will remain at that range. Even though the developer will now be pro- viding the parking instead of Federal funds, there remains the issue of property acquisition, site demolition and all the other costs and that is primarily what the bonds will be used for. Councilman Strong commended Mr. Donahue for his hard work and commitment to the project and stated he plans to support the Implementation Agreement, provided it is saying what he thinks it is; that $500,000 of good faith money has been deposited in a trust fund pursuant to working out another Joint Development Agreement in which all the financial figures and responsibilities of all parties are set forth. At that time he will make up his mind whether or not he supports the project. Councilman Strong stated he still has reservations about the impact of this on the downtown and the acquisition process, in the next 60 days. Mayor Shell conflict of this matter. which he hopes will be cleared up in his mind announced that due to a real or imaginary interest, Councilman Payne will not participate in 422 Bakersfield, California, June 17, 1981 - Page 4 Councilman Ratty made a motion that record in support of the was unanimously approved. on this matter. CORRESPONDENCE the Council go on Implementation Agreement. This motion Councilman Payne abstained from voting Upon a motion by Councilman Christensen, communication from the Kern Philharmonic, dated June 1, 1981, requesting financial support, in the amount of $5,000, for their 1981-82 season, was received and referred to the Auditorium-Recreation Committee for study and recommendation. Upon a motion by Councilman Christensen, communication from the Kern Philharmonic, dated June 1, 1981, regarding summer pops concerts in City parks, was received and referred to the Auditorium-Recreation Committee for study and recommendation. Upon a motion by Councilman Rockoff, communication from the Downtown Business Association, dated June 2, 1981, requesting an amendment to the ordinance governing the conduct of sidewalk sales, was received and referred to the Business Development and Parking Committee for study and recommedation. Upon a motion by Councilman Barton, communication from the Downtown Business Association, dated June 8, 1981, requesting a meeting with the Business Development and Parking Committee re- garding approval of their 1981-82 Downtown Improvement District Budget, was received and referred to the Business Development and Parking Committee. Upon a motion by Councilman Christensen, communication from the Kern County Epilepsy Society, Inc., dated June 3, 1981, requesting assistance in the Easter Seal 8ociety's Summer Activity Program, was received and referred to the Auditorium-Recreation Committee for study and recommendation. Upon a motion by Councilman Payne, communication from the Bakersfield Racquet Club, dated June 9, 1981, requesting Bakersfield, California, June 17, 1981 - Page 5 abandonment of nine feet along east side of Pine Street between Truxtun Avenue and Alley between 17th and 18th Streets, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rockoff, communication from the Bakersfield Racquet Club, dated June 9, 1981, requesting a change in the street parking pattern on Pine Street, between Truxtun Avenue and 18th Street, from parallel to diagonal parking on both sides of the street, was received and referred to staff for study and recommendation. COUNCIL STATEMENTS Councilman Christensen, in regards to a discussion that took place at the last Council Meeting regarding possession of alcoholic beverages in City Parks, requested that the following two letters be placed in the minutes without names and addresses: June 4, 1981 Mayor Mary K. Shell 1501Truxtun Avenue Bakersfield, California 93301 Dear Mayor Shell: We were delighted to see that the City Council has finally acknowledged the issue of noise, fights and harassment of residents in the neighborhoods adjacent to City-owned parks. However, we were disappointed to see that one of the four proposals, that of banning use of alcoholic beverages in parks next to neighborhoods, would allow continued use of alcohol in Patriots Park. Let me assure you that we are a neighborhood here in the Westwind development next to Patriots and we have certainly had our share of problems related to that park. When we moved here last fall, we were enthusiastic buyers of a lovely townhouse overlooking Patriots. We bought here by choice figuring that this property would be every bit as pleasant as the homes fringing parks in our previous residence of Palo Alto. Please keep in mind that our home is approxi- mately 25 feet from the park fence and faces an area of tables which are quite secluded after dark. Now let me describe just some of what we have had to put up with from Patriots during the last nine months: Bakersfield, California, June 17, 1981 - Page 6 1. NOISE, part 1. I mean music from car radios and tapes that are backed into the parking lot with all the windows and doors open for the single purpose of flooding the park with good vibrations for the drinking and dopesmoking crowd. Even when the young people are milling about their cars rather than clustered around the tables, the music is so loud that we can hear it above our television; we can even hear it in the back of our upstairs bedroom which means it is carried through the house front with closed windows and doors. I don't have to elaborate on how that noise is amplified when we try to open our windows for relief from the heat. (My neighbor has often slept in an old fashioned soft-capped hair dryer to escape the noise---the soft humming of the dryer helps drown the music.) Let me also point out that this is not Mantovanni. This is a constant assault of hard rock. Some of it is rather crude. A case in point -- get hold of the latest ACDC album and try to imagine the current hot pop song on it entitled "Big Balls" blasting into your bedroom at ll:00 p.m. 2. NOISE, part 2. If you've ever been around any high school campus or gathering place lately, you will notice that many young people swear profusely and liberally punctuate their sentences or sentence fragments with some form of the verb, Our park is full of such people who scream vulgarities at one another and the noise gets louder as the evening wears on. It gets to be a case of "party hearty" into the night. Here's another example -- my daughter's bedroom overlooks the park and I'm sure these two calls to the police are a matter of record. About two weeks ago, three rowdy and rude young men staged a pissing contest through the chain link fence attempting to hit the sidewalk in front of our house. One succeeded. This was at 1:00 a.m. I had gone to Los Angeles to pick up my husband on a late night flight and my daughter who is seventeen was alone. Just a few days later, there was a melee in the park at 3:00 a.m. with a bunch of kids fighting and screaming. On both occasions we called the police. But by the time (and it takes some time to have a non-emergency call answered) the police arrived, the damage is done and the culprits are usually gone. I would also like to say that even when a family in our neighborhood resorts to calling the police for assistance in the early evening, the offenders turn down the music and are on their best behavior when the squad car comes into view. 3. ALCOHOL AND DRUGS. Before our townhouses were built, the late nighters must have had a field day in Patriots. That is, it was fairly isolated and private for getting drunk or stoned. There is a hard core older crowd that frequents the park along with a number of fairly young Bakersfield, California, June l?, 1981 - Page 7 kids today. We sat in our living room one night and watched a kid of about 14 bury his stash under a park bush close to our front door. Patriots is a haven for drug dealers in the southwest part of Bakersfield; both drugs and alcohol are abused in this park. 4. VEHICLES. As part of the evening ritual, young people in all forms of vehicles with loud engines and screaming radios make a run of the Patriots parking lot, peel out and screech on down Fjord. This is unnerving and often goes on into the wee hours. 5. TRASH. This little oasis of green called Patriots is often a sorry sight when the early morning crews come to deal with the smashed beer bottles, garbage and trash from the previous night. It's a sad comment on what occurs in the park. So, you can see we have had to call the police on numerous occasions and so have our neighbors. But the answer does not lie in having a police car run out to the parks at any or all hours of the night, it lies in an ordinance that will protect property owners from this kind of harassment. We need an ordinance that will be enforced until the violators and all of their kind understand that this kind of illegal and anti-social behavior will not be condoned in Bakersfield. If indeed, you are concerned about the image of Bakersfield as a cowtown, here is an excellent first step in rectifying the situation. Ban alcohol and loud music from your parks. Make the parks as pleasant and safe as possible. Return the use of the parks to the taxpayers who support them (and are afraid to venture into them these days.) We are just one family, but our problem is amplified hundreds of times by those in our same situation. Please do not be afraid to take a forceful stand on what you will tolerate in your City facilities. Don't let the rabble set and dictate the tone of this town. Very truly yours, June 16, 1981 Councilman J. M. Christensen 1408 Radcliffe Drive Bakersfield, California 93305 Dear Mr. Christensen: My comments on Council proposals are enclosed. I would appreciate your consideration of the on-going aggravation caused by wines in Jefferson Park. 426 Bakersfield, California, June 17, 1981 - Page 8 NUISANCE LAW - ...invasion of a person's com- fortable enjoyment of his property. Most courts will consider a homeowner's complaint when it infringes on the ability of the ordinary person to live and enjoy the premises the way they were designed to be enjoyed. The above quotation was taken from a recent reading. Knowing of the long standing problem brought to your attention, I feel justified in seeking relief. Your support is appreciated, and I look forward to substantive action. Sincerely, Reference: The Bakersfield Californian 6-3-81: (1) No change---Ignores present problems with drinking now affecting nearby residents, other park users (especially children), and potential users kept away by unpleasant (even dangerous) conditions. (2) 9:00 p.m. curfew---Offers no improvement in daylong drinking by regular park habitue and associated problems. When faced with this on a daily basis, no result from a 9:00 p.m. curfew offers much relief; also requires enforcement. (3) Ban possession---Offers acceptable (but not best) solution of four proposals suggested. Abuses of park use by chronic alcoholics (drunkenness, pandering, dis- orderly conduct and excessive noise, traffic violations, driving after drinking, broken glass, litter, etc.) At Jefferson Park, adjacent school and pool use by children and young adults make present drinking activity especially undesirable. Need for wholesome activity where parents can feel children are safe to play. (4) Ban alcoholic beverages in all City parks--- Probably best solution to excesses but public acceptance may be questionable. People who want to drink all day should not force their behavior on others who must witness the unpleasant aspects of results in a public place. Suggest 10:00 p.m. - 6:00 a.m. closing hours for parks (normal sleeping hours). Jefferson Park - Ban street parking on King Street, east side, Bernard to Jefferson; west side, Grace Street to Jefferson, to conform to hours of closure. (Consult property owners re area west side, Bernard to Grace Street.) Bakersfield, California, June 17, 1981 - Page 9 427 Such action would tend to eliminate night parking now causing disturbance two or more times a night, several nights a week, from midnight to 6:00 a.m. Last Thursday, 4:00 a.m., tennis game started. Monday night, car parked 3:30 a.m., drinking. These incidents increase as weather gets warmer. Please do not overlook noise problems associated with parks in residential areas. Need ban on cars cruising with excessively loud stero music; ban on radios in cars parked (loud volume) on street adjacent to residences. Volume can be heard a block away. Loud rock music a frequent disturbance, daytime and night interruptions of sleep. Enforcement cost could be off-set in part by fines from citations for litter, traffic violations (drink all day, stagger to cars and drive away). It is evident police are too busy to make intermittent patrols effective in controlling conditions. We need stringent action for correction. Mr. Caleb Smith residing on Grace Street (½ block from Jefferson Park), expressing his and his neighbors concerns about trash in the park, flood lights at the courts being left on for as long as 20 hours per day and swimming pool heater left on all the time, even when not in use. Mr. Smith felt a 10:00 P.M. park curfew might help. Councilman Christensen requested that each Councilman be furnished a copy of the second letter that was read (they received a copy of the first letter), and he hopes the Budget Review and Finance Committee makes a superb effort to attack this problem head on and reach a conclusion that will create a better understanding of law and order in this City. Adoption of Resolution No. 35-81 of the Council of the City of Bakers- field commending Police Officers Jess Molinar, Robert McDougal and Joe Ruiz who were seriously injured in the line of duty this week. Upon a motion by Councilman Rockoff, Resolution No. 35-81 of the Council of the City of Bakersfield commending Police Officers Jess Molinar, Robert McDougal and Joe Ruiz who were seriously 428 Bakersfield, California, June 17, 1981 - Page l0 injured in the line of duty this week, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Noes: None Absent: None Councilman Rockoff read a letter from James B. Inskeep, dated June 9, 1981, outlining four main hazards at the intersection of Columbus Street and Panorama Drive, and requested that the staff and Traffic Authority investigate the matter. Councilman Means, responding to Caleb Smith's remarks regarding the problems in City parks, stated he wanted to make it clear that this matter will not be forgotten. It was referred to the Budget Review and Finance Committee at the last Council Meeting for study and recommendation, and will be brought back to the Council as soon as possible. Mayor Shell stated she received a notice from Golden Gate Airlines that they plan to cut services to and from Bakers- field and requested that the City Attorney explain. City Attorney Oberholzer stated that the City received notice of filing with the Civil Aeronautics Board that Golden Gate Airlines plan to cut all services to and from Fresno, Reno and San Jose. Golden Gate Airlines does not provide essential air service to any of these points. Transportation'to these points is not considered by the Civil Aeronautics Board as essential air service from Bakersfield. They have filed notice to terminate those runs 60 days from June 9, 1981, which would be August 1, 1981. At the same time they have requested to be relieved of the 60 day notice and want to be able to terminate service on July l, 1981. They are not cutting services to Los Angeles or San Francisco. If the Council is in opposition to this, a resolution should be adopted to that effect, and, if not, no action should be taken. (The Council decided to take no action.) Bakersfield, California, June 17, 1981 - Page REPORTS Councilman Christensen presented a report on the Council's Review of the Redevelopment Agency's Action to Select a Hotel Developer, as follows: Acting in my capacity as Council/Agency liaison and coordinator for the development of the Convention Center Hotel, I am submitting the following report. On June ll, 1981 during a special meeting of the Redevelopment Agency, the following actions occurred regarding selection of hotel developer: The full Agency received a report from the Redevelopment Agency Development Committee regarding the review of proposals submitted by hotel developers and the selection of a hotel developer for the City's proposed Convention Center Hotel. It was determined by the committee, and agreed upon by the full Agency, that the proposal developed and submitted by Hedrick/ McBride best addressed the needs of the community and indicated sound knowledge and experience in the field of hotel development and management. It also best identified the developer's financial resources available for the development of the proposed hotel. To further the development process and to begin a period of negotiation between the City and Hedrick/McBride Develop- ment Company, the Agency granted Hedrick/McBride Development Company an exclusive 60-day preliminary negotiation period. During this 60-day period, the developer and the City have been directed by the Agency to develop a preliminary draft ground lease to the mutual agreement of both parties and to develop conceptual plans of the hotel. During this 60-day period, the City will provide a precise survey of the proposed hotel site and will develop a parking program for the Auditorium, looking toward future needs and uses. Additionally, an initial study for the required EIR will be completed during this 60-day period. Agency Recommendation: In regards to this issue, the Agency is desirous of receiving Council in- put and concurrence with the action taken, al- though not legally required at this time. Upon a motion by Councilman Christensen, report from Councilman Christensen regarding Review of the Redevelopment Agency's Action to Select a Hotel Developer, was accepted. Councilman Strong, Chairman of the Intergovernmental Relations Committee, read Report No. 3-81 regarding City of Bakers- field Sales Tax Ordinance, as follows: Bakersfield, California, June 17, 1981 - Page 12 From 1946 to 1956 the City of Bakersfield levied and collected a sales tax through its charter city powers. This revenue option was not avail- able to general law cities and counties. As a result of urging of general law cities and counties, Bradley Burns Uniform Local Sales and Use Tax Law was adopted and became effective on April l, 1956. The Bradley Burns Law enabled counties and cities to levy a 1% sales tax and provided for uniform collection by the State through the Board of Equalization on behalf of the cities and counties to be apportioned back to the cities and counties based upon the point of sale. In order for the tax to be collected by the State, it was necessary that the counties adopt a uniform sales tax ordinance. At that point in time, the Kern County Board of Supervisors expressed interest in sharing in the sales taxes of the various cities in Kern County. In 1956, negotiations between the City and the County resulted in the County receiving 10% and the City receiving 90% of the City's 1% sales tax. Subsequent negotiations through the years have resulted in the County receiving 4.9% and the City receiving 95.1% since 1969. However, State law does provide that changes in the distribution amounts may be made by the cities without the consent of the County. In light of the City's certain loss of revenues from the State due to their budgetary problems, the City Manager recommended to the Council, as an option to help make up the loss, this matter of the sales tax be referred to the Intergovern- mental Relations Committee for study and recom- mendation. This committee met with the Intergovernmental Committee of the Board of Supervisors, County of Kern staff, and City staff to discuss this matter. The members of the Board of Supervisors and the staff from the County of Kern recognized the fact that it was not necessary for the City to discuss this matter with the County, however, they expressed their appreciation that the City chose to discuss this matter and any effect it may have on the County prior to amending the City Ordinance. The County indicated they would like the City to consider assuming certain services the County provides within the City such as the maintenance of Panorama and College Parks, and the two Veterans Halls located within the City. This committee feels at the same time, City staff should examine areas where the City may be currently providing services to the County within the City. The committees agreed to meet in the future to discuss these areas of concern. However, it was also agreed the City would proceed with amending its Sales Tax Ordinance to retain the entire 1% of the sales tax. This report should be considered first reading of the ordinance. Bakersfield, California, June 17, 1981 - Page 13 Upon a motion by Councilman Strong, Intergovernmental Relations Committee Report No. 3-81 regarding City of Bakersfield Sales Tax Ordinance, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield amending the Uniform Local Sales and Use Tax Ordinance of the City of Bakersfield, Chapter 6.08 of Title 6 of the Bakersfield Municipal Code, to increase the Sales and Use Tax imposed thereby from .951 of one percent to one full percent. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Uniform Local Sales and Use Tax Ordinance of the City of Bakersfield, Chapter 6.08 of Title 6 of the Bakersfield Municipal Code, to increase the Sales and Use Tax imposed thereby from .951 of one percent to one full percent. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 10-81 regarding Softball Field Lighting at Bakersfield College, as follows: Prior to adoption of the current annual budget, the Kern Community College District approached the City with a proposal whereby they would construct a softball diamond on the Bakersfield College campus. The District's proposal to the City was to have the City fund the construction of the lights for the softball diamond. Upon completion of the construction, the Kern Community College District will assume respon- sibility and cost for the maintenance and operation of the lighted softball field. Also, the City would have exclusive use of the facility for its softball program, except for use by the District during normal school use, provided adequate notice is given by the District. The City felt this project to be desirable since it would afford the City the opportunity to expand its softball program. The original estimate by the District for the cost of construction of the lights was $30,000 and the City Council approved funding in that amount in the City's annual budget for the fiscal year 1980-81. The current estimate by the college, for the cost of the construction of lighting for the softball field is $45,000. The City's Public Works Department has reviewed and agrees with the estimate. 432 Bakersfield, California, June 17, 1981 - Page 14 Therefore, this committee recommends the City Council authorize the additional $15,000 from the Council Contingency Fund within the Capital Outlay Fund and authorize the Mayor to execute the agreement with Kern Community College District. Councilman Rockoff requested that the agreement clearly state who pays for the operation and electricity of the softball field when it is used publicly. City Attorney Oberholzer stated he would insert a sentence in the agreement stating that "such public use shall not be paid for by the City of Bakersfield." Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 10-81 regarding Softball Field Lighting at Bakersfield College, was accepted; additional $15,000 from the Council Contingency Fund within the Capital Outlay Fund for cost of the construction, was approved; and agreement with the Kern Community College District, was approved and the Mayor was authorized to execute same. Councilman Ratty, Chairman of the Water and City Growth Committee, read Report No. 3-81 regarding Anheuser-Busch Proposal, as follows: On October 3, 1972 the City of Bakersfield entered into an agreement with Anheuser-Busch, Inc., whereby the City agreed to the treatment of the Company's waste produced from its yeast plant. The term of the agreement was for a period of 30 years. The original agreement provided an initial flow of 200,000 gallons per day. The contract pro- vided that Anheuser-Busch had the right to double or triple their plant operations. On July 30, 1975, the average flow rate was increased to 440,000 gallons per day. Recently, Anheuser-Busch notified the City of its intent to expand its plant operation in 1982 and its intent to increase the average flow rate to 600,000 gallons per day. At the present time, the City is planning an expansion program for Wastewater Treatment Plant #3, which would include processing the waste in such a manner that the waste from Anheuser-Busch yeast plant would be separated Bakersfield, California, June 17, 1981 - Page 15 '4.33 from all other wastes being processed through Plant #3. This expansion program is scheduled for completion in 1985. Anheuser-Busch has made a proposal to the City which is conceptually the same as the City's program of separating the Anheuser-Busch waste from all other wastes, however, in their proposal they would finance, construct, and operate the disposal operation with the exception of a $700,000 participation by the City. The staff pointed out to the committee that at the present time City Wastewater Treatment Plant #3 is operating near its designed capacity. The Anheuser-Busch proposal would relieve the capacity problem. Also, in order for the City to accept the additional 160,000 gallons of daily flow (as scheduled in 1982) it will be necessary £or the City to construct temporary facilities. The staff has analyzed the proposal from Anheuser- Busch and the feasibility of the City partici- pating in the cost. The City has examined all costs of several alternatives without Anheuser- Busch participation vs. with Anheuser-Busch participation and from a financial point, it would be beneficial for the City to accept Anheuser-Busch's proposal. This committee feels the proposal from Anheuser-Busch provides a viable and working alternative to the expanding problem of wastewater treatment in the South- west and recommends that the City notify Anheuser- Busch as to its agreement in concept and the staff be authorized to negotiate the financial terms and report back to this committee. Councilman Ratty made a motion that Water and City Growth Committee Report No. 3-81 regarding Anheuser-Busch Proposal, be accepted; and staff be authorized to notify Anheuser-Busch of the City's agreement of the concept and negotiate the financial terms and report back to the Water and City Growth Committee. Councilman Rockoff stated that Lewis & Falletti Farms have requested to be heard on this matter before a decision is made, because they are under the impression that they have an option to renew their lease for this property. During discussion Councilman Ratty withdrew his motion. After discussion, upon a motion by Councilman Rockoff, action on Water and City Growth Committee Report No. 3-81 regarding Anheuser-Busch Proposal, was held over until the next Council Meeting 4. 4 Bakersfield, California, June 17, 1981 - Page 16 and sometime during the next two weeks a meeting with Lewis & Falletti Farms is to be held in order to reach an understanding on the matter of their lease of this land. City Manager Kelmar reported on a Proposed Industrial Park, as follows: One of my objectives, as City Manager, is to see the City become more involved in the area of economic development. I feel where the City can assist in stimulating business activity, the benefits to be derived are beneficial to the entire community. The City owns approximately 15 acres of land between Freeway 58 and Brundage Lane, just east of Mt. Vernon Avenue. The land is not utilized to its best and highest use and could be developed as an industrial park. Community Development Block Grant funds can be utilized for development purposes. It could then serve as a means to attract industry to this area. The City contracts with the Chamber of Commerce for industrial promotion and we could utilize the Chambers to assist us. I would, therefore, request this matter be referred to the Business Development and Parking Committee for their consideration. Upon a motion by Councilman Barton, matter of developing City-owned land between Freeway 58 and Brundage Lane, just east of Mt. Vernon Avenue, to an Industrial Park, was referred to the Business Development and Parking Committee for study and recom- mendation. Assistant City Manager-Finance Higginbotham reported that on May 6, 1981, the City Council accepted a proposal by Knight's Building Materials to lease the Old Corporation Yard at 1611 and 1612 "S" Street, for a 3 year period. At the same time staff was authorized to negotiate an acceptable lease agreement, which would have to come back to the Council for approval. Mr. Duncan Ross, Knight's Building Materials, has advised the staff that he is no longer interested in the property and declined to enter into a lease agreement with the City. The Municipal Code authorizes the Council to exercise its prerogative to award the lease agreement to the next highest bidder, which was American Home Industries and Bakersfield, California, June 17, 1981 - Page 17 it is recommended that the Council do that. Mr. Ross stated he made arrangements with his present landlord to extend his lease to ten years, which is more desirable than the City's three year arrangement. Councilman Means stated a letter should be sent to Mr. Ross that it is inappropriate that he did not let the City know about this. Upon a motion by Councilman Christensen, second highest bid of American Home Industries for the City's Old Corporation Yard, located at 1611 and 1612 "S" Street, was accepted and staff was authorized to negotiate a lease agreement. Councilman Payne abstained from voting on this matter. Upon a motion by Councilman Ratty, the City Attorney was requested to look into the legal ramifications of the withdrawal by Knight's Building Materials of their offer to lease the City's Old Corporation Yard. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 7133 to 7324, inclusive, in the amount of $930,047.66. (b) Claim for Damages from Audrey F. Clark, 824 Roberts Lane, Apt. 16, Oildale. (Refer to City Attorney) (c) Claim for Damages from California Water Service Company, 1214 East California Avenue, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from T. C. Hu, 333 Union Avenue, Bakersfield. (Refer to City Attorney) (e) Grant of Permanent Storm Drain Easement and Temporary Construction Easement from Paul J. Grauf, located midway between Fairview Road and Panama Lane, east of South "H" Street, required for construction of the Fairview Drainage System. (f) Notices of Completion and Acceptance of Work for: Construction of Sanitary Sewer in Beach Park, Contract No. 81-68 with B & B Plumbing. 426 Bakersfield, California, June 17, 1981 - Page 18 (f) Continued: (g) (h) (i) (J) (k) Resurfacing of Auburn Street and Maywood Drive, Contract No. 81-63 with Granite Construction Company. Recover roof on the Bakersfield Police Department Building, Contract No. 81-72 with M. L. Robinson & Son, Inc., dba Kern County Roofing & Waterproofing Company. Water Department Office Addition and Corporation Yard Storage Building, Contract No. 80-18 with Wallace and Smith. Tract No. 3795 B, Contract No. 80-45 with Hinesley Brothers, located at College Avenue and Vyn Drive. Tract No. 4227, Contract No. 80-147 with Kern County Builders, located at Montclair Street and LaMirada Drive. Notice of Partial Completion and Acceptance of Work for Bakersfield City Hall South Wing Addition - Phase I, Contract No. 79-147 with Tumblin Company. The work on this project, except miscellaneous hard- ware and signing, was completed on June 5, 1981. These items will be installed upon receipt from manufacturer. Public Works Department recommends that all work, with the exception of the hardware, signing and miscellaneous cleaning of concrete surfaces be accepted for maintenance by the City. Map of Tract No. 4363 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located south of Ming Avenue, between Gosford Road and Ashe Road. Map of Tract No. 4364 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located south of Ming Avenue on the east side of LaureIglen Boulevard. Maps of Tract Nos. 4409, Units "A" and "B", and Improvement Agreement with Clapp-Rodriquez-Prasser for construction of improvements therein, located south of North Laurelglen Boulevard, on the east side of Gosford Road. Application for Encroachment Permit from Jose Silva, Sr., 925 Flower Street, for construction of a 4 foot high chain link fence along back of sidewalk at 925 Flower Street. Bakersfield, California, June 17, 1981 - Page 19 4.q7 (i) Plans and Specifications for resurfacing "F" Street from 21st Street to Golden State Avenue. (m) Contract Change Order No. i to Contract No. 81-64 with Granite Construction Company for A. C. Pavement on Planz Road between South "M" Street and South Chester Avenue, Federal Aid Urban Project No. 245(1). This Change Order is necessary to provide payment for actual quantities of work which exceeded estimated quantities and several minor miscellaneous changes in connection with the project. The Change Order increases the contract cost by $3,544.65 and sufficient funds are budgeted in the current fiscal year for this change. (n) Contract Change Order No. l0 (Supplemental- 1) to Contract No. 80-48 with Granite Construction Company for the Truxtun Avenue Extension, Phase II, F.A.U. Project No. M-F 252(1). This Change Order is necessary to widen portions of the roadway shoulders two feet back of curb and gutter and A. C. Dike, as required by the State Department of Transportation. The Change Order in- creases the contract cost by $21,225.55 and sufficient funds are budgeted in the current fiscal year for this change. (o) Request of Police Chief for a City Council Policy regarding use of City streets for Bicycle and Running Marathons. (Refer to AuditoriumsRecreation Committee) (p) Request from County of Kern for City participation in proposed studies for alignment of an interchange at State Highways 178 and 99 as part of the Rose- dale General Plan. The freeway would extend into an area within the City of Bakersfield with an interchange at State Highway 99 and a connection to State Highway 178 east of State Highway 99. Due to the complexity of the interchange the County Public Works Director is recommending a consultant be obtained for studies of the alignment and is requesting City participation in the cost. (Refer to Budget Review and Finance Committee) Upon a motion by Councilman Means, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o) and (p) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Christensen, Means Noes: None Absent: Councilman Strong 4.q Bakersfield, California, June ~7, 1981 - Page 20 ACTION ON BIDS Upon a motion by Councilman Barton, low bid of Granite Construction Company, in the amount of $169,171, for resurfacing Wilson Road, between Hughes Lane and South "H" Street, and Hughes Lane, between Wilson and Planz Roads, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of Granite Construction Company, in the amount of $64,850, for construction of west half of Ashe Road between White Lane and District Boulevard, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rockoff, low bid of Sequoia Paint, in the amount of $9,060.00, for paint and undercoat for Self-Help Paint Project, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, bids of Bone and Son Construction (6 items) and J. L. Denio (5 items) for Annual Contract - Earth Moving and Hauling Equipment, was accepted~ all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 5.38.010 of the Municipal Code to provide for parti- cipation on the Pension Board of the Fire Department Relief and Pension Fund by members of that fund. By the adoption of the Firemen's Relief and Pension Fund report on May 20, 1981, the Council authorized a change in Chapter 5.38 of the Municipal Code to allow members of the fund to be eligible for election by the membership to the Board, and change the terms for elected board members from 2 to 5 years. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 5.38.010 of the. Bakersfield, California, June 17, 1981 - Page 21 4. 9 Municipal Code to provide for participation on the Pension Board of the Fire Department Relief and Pension Fund by members of that fund. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 7.12.140 of, and adding Section 7.12.150 to, Chapter 7.12 of the Bakersfield Municipal Code relative to Bingo Games. This ordinance incorporates the recommendations of the Auditorium-Recreation Committee to: (1) limit the total number of Bingo Licenses to 30; and (2) provide that such Licenses shall not be transferable. First reading was considered given an Ordinance of the Council of the City o£ Bakersfield amending Section 7.12.140 of, and adding Section 7.12.150 to, Chapter 7.12 of the Bakersfield Municipal Code relative to Bingo Games. Adoption of Emergency Ordinance No. 2648 New Series of the Council of the City of Bakersfield amending Chapter 13.28 of the Municipal Code of the City of Bakersfield by adding Section 13.28.120 relative to Mobile- homes in R-1 Zones. This Emergency Ordinance is required to enable the City to respond to SB 1960 (1980 Statutes), which enacts Government Code Section 65852.3, effective July l, 1981, and requires that the City not prohibit specified Mobilehomes on lots in R-1 zones. It establishes a Building Department Permit process for such installation of Mobilehomes, utilizing code criteria, with appeal to Planning Commission. Councilman Payne made a motion to adopt Emergency Ordinance amending Chapter 13.28 of the Municipal Code of the City of Bakers-. field by adding Section 13.28.120 relative to Mobilehomes in R-1 Zones. Councilman Rockoff questioned the fact that the ordinance states the Planning Commission's decision shall be final and it is his understanding that people have the right to appeal to the City Council on items such as this. Bakersfield, California, June 17, 1981 - Page 22 City Attorney Oberholzer stated the ordinance could be worded to allow appeals to the City Council. The present wording shields the Council from appeals and if the person disagrees with the decision of the Planning Commission it could be pursued through the court system. Councilman Rockoff offered a substitute motion to adopt the Emergency Ordinance amending Chapter 13.28 of the Municipal Code of the City of Bakersfield by adding Section 13.28.120 relative to Mobilehomes in R-1 Zones, with the addition of giving the public the right to appeal to the City Council. This motion failed to carry by the following roll call vote: Ayes: Councilmen Rockoff, Strong, Barton, Means Noes: Councilmen Payne, Ratty, Christensen Absent: None City Attorney Oberholzer stated this is an Emergency Ordinance and requires five votes of the Council to pass, therefore, the substitute motion failed to carry. After discussion, upon a motion by Councilman Payne, Emergency Ordinance No. 2648 New Series of the Council of the City of Bakersfield amending Chapter 13.28 of the Municipal Code of the City of Bakersfield by adding Section 13.28.120 relative to Mobile-- homes in R-1 Zones, was adopted by the following roll call vote: Ayes Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Noes None Absent: None Councilman Rockoff requested that the City Attorney draft an amendment, to this ordinance to be placed on the Agenda for the next Council Meeting, that will allow the public the right to appeal to the City Council. Adoption of Resolution No. 36-81 of the Council of the City of Bakers- field, California dedicating right of way for 21st Street west of West- wind Drive situate within the City of Bakersfield. Bakersfield, California, June 17, 1981 - Page 23 441 Ayes: Noes: None Absent: None The dedication is for a 60 foot strip along the southerly boundary of Beach Park and will extend 21st Street, approximately 300 feet west of Westwind Drive. Upon a motion by Councilman Ratty, Resolution No. 36-81 of the Council of the City of Bakersfield, California, dedicating right of way for 21st Street west of Westwind Drive situate within the City of Bakersfield, was adopted by the following roll call vote: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Christensen, Means Adoption of Resolution No. 37-81 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 General Plan Amendment (Segment I of Proposed Land Use Element Amendment 1-81), making findings, and certifying that said Final EIR has been completed in compliance with CEQA, the State EIR Guidelines, and Council Resolution No. 60-80. The Planning Commission reviewed the Final EIR on the proposed General Plan Amendment and recommended, by Resolution No. 20-81, certification by the City Council. Mr. Harry Tow, Quad Consultants, stated they were retained by the City to prepare the EIR and answered Councilman Mean's question regarding the impact of growth on school districts. Councilman Means stated the City should meet with the school districts and let them know, on an ongoing basis, long- and short-range plans and any anticipated growth. Councilman Means requested that a Workshop Session be conducted where staff would make recommendations for Council response in an attempt to provide policy directions to the staff regarding Open Space. After considerable discussion, upon a motion by Councilman Payne, Resolution No. 37-81 of the Council of the City of Bakersfie4d 44:2 Bakersfield, California, June 17, 1981 - Page 24 declaring that it has reviewed, evaluated and considered the infor- mation contained in the Final EIR for a Proposed General Plan Amendment (Segment I of Proposed Land Use Element Amendment 1-81), making findings, and certifying that said Final EIR has been com- pleted in compliance with CEQA, the State EIR Guidelines, and Council Resolution No. 60-80, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Christensen, Noes: None Absent: None Rockoff, Strong, Barton, Means Authorization granted Finance Operations Manager to write-off Uncollectible Accounts Receivable and turn applicable accounts over to City's collection agency for further collection efforts. Upon a motion by Councilman Payne, the Finance Operations Manager was authorized to write-off Uncollectible Accounts Receivable totaling $6,331.33 and turn those applicable accounts over to the City's collection agency for further collection efforts. ADJOURNMENT There being no further busines to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:35 P.M. MAYOR oi the '~-~ ~ of t~he ity of Bakersfield, Calif. ATTEST: CITY Ex~fficio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, June 24, 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., June 24, 1981. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation in the form of a prayer submitted by Shirley Brem, Minister of Unity Center of Bakersfield. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Ratty, Rockoff, Barton, Christensen, Means, Payne Absent: Councilman Strong CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from the Convention Bureau of Greater Bakersfield, dated June 16, 1981, requesting that the budget for the Convention Bureau be increased from $60,000 to $75,000, beginning with Fiscal Year 1981-82, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Christensen, communication from Plaza Bobby Sox Softball League, dated May 29, 1981, submitting an application for river front property just northwest of the City Corporation Yard for development into four softball diamonds, picnic/ park area with deep pit barbecue, paved parking facilities, appropriate landscaping, restrooms, etc., was received and referred to the Auditorium-Recreation Committee for study and recommendation. Councilman Barton stated the Auditorium-Recreation Com- mittee should be aware that this request for land is in an area that is being studied. A year or so ago the Water Board authorized a land use study of the City's portion of the Kern River, I-5 to Chester Avenue. Half of the study is in preliminary draft form and the other half should be completed in approximately two weeks. After it is completed the Water Board will make a recommendation on land uses in that area. It would probably be beneficial for the Committee to have that study prior to making a decision on this request. 444 Bakersfield, California, June 24, 1981 - Page 2 Upon a motion by Councilman Ratty, communication from S. I. Hayakawa, U. S. Senator from California, dated June 10, 1981, regarding his support of the Administration's request and the Senate Commerce Committee recommendation for $613,000,000 in Federal assistance for AMTRAK, was received and ordered placed on file. Upon a motion by Councilman Means, communication from the State Public Utilities Commission, dated June 19, 1981, replying to the Mayor's letter regarding Pacific Gas & Electric Company's policy regarding refunds for customers with incorrect lifeline allowances, was received and ordered placed on file. HEARINGS This is the time set for public hearing before the Council on an Appeal by Marc Penner to the decision of the Board of Zoning Adjustment denying his application for a Conditional Use Permit to allow a bail bond office and to eliminate the one required off-street parking space in a C-O-D (Commercial and Professional Office - Architectural Design) Zone, affecting that certain property in the City of Bakersfield commonly known as 1324 "K" Street. This hearing has been duly advertised and the property owners notified as required by law. A letter has been received from Mr. Penner's attorney, Rex Mull, requesting that the hearing be continued until after July 13, 1981. Mayor Shell declared the hearing open for public partici- pation and no one in the audience indicated a wish to speak on this matter. Upon a motion by Councilman Barton, public hearing before the Council on an Appeal by Marc Penner to the decision of the Board of Zoning Adjustment denying his application for a Conditional Use Permit to allow a bail bond office and to eliminate the one required off-street parking space in a C-O-D (Commercial and Pro- fessional Office - Architectural Design) Zone, affecting that Bakersfield, California, June 24, 1981 - Page 3 445 certain property in the City of Bakersfield commonly known as 1324 "K" Street, was continued until the Council Meeting of August 5, 1981, by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means, Payne Noes: None Absent: Councilman Strong This is the time set for public hearing before the Council on an Appeal by Frank Hinmon to the decison of the Board of Zoning Adjustment denying his application for a Modification to permit a six-foot high wood fence where a six-foot high masonry wall is required adjacent to the off-street parking area in an R-3 (Limited Multiple Family Dwelling) Zone, affecting that certain property in the City of Bakersfield commonly known as 1508 Monterey Street. This hearing has been duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mr. Frank Hinmon, the applicant, requested that the Council grant the Modification that will allow construction of a wood fence instead of a masonry wall and stated that residents on both sides have indicated that they do not object to 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. City Attorney Oberholzer stated, for the record, he has a conflict of interest on this matter. Upon a motion by Councilman Payne, Zoning Resolution No. 281 granting Modification to permit a six-foot high wood fence where a six-foot high masonry wall is required adjacent to the off-street parking area on that certain property commonly known as 446 Bakersfield, California, June 24, 1981 - Page 4 1508 Monterey Street, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means, Payne Noes: None Absent: Councilman Strong This is the time set for public hearing regarding amend- ment to the Land Use Element of the Bakersfield Metropolitan Area General Plan concerning the following general areas: Segment I: TIM GANNON AND JAMES WATTENBARGER have applied to change the Open Space and Medium Density Residential designations to Low Density Residential for 18.86 acres located west of Manor Street, north of the Kern Island Canal, and east of the South Side Canal. Segment III: CALIFORNIA LAND INVESTMENT CO~,~ANY has applied to change the Low Density Residential designation to Commercial for 0.4 acre located on the south side of Pacheco Road, approximately 600 feet east of South "H" Street. Segment IV: SAROYAN DEVELOPMENT COMPANY by CORNERSTONE ENGINEERING, INC., has applied to change the Low Density Residential designation to Commercial for 8.2 acres located at the southeast corner of Fairfax Road and Highway 178. Segment V: COMMUNITY CONSTRUCTION, INC., has applied to change the Low Density Residential designation to Commercial on approximately 13 acres located at the southwest corner of Old River Road and Fraser Road. Segment VI: MOBILETOWN DEVELOPMENT CORPORATION has applied to change the Medium Density Residential designation to Commercial on 1.73 acres located on the north side of West Columbus Street, across from the intersection of San Dimas Street. Segment VII: THE CITY OF BAKERSFIELD has applied to change several land use designations to achieve consistency with existing zoning and use for approximately 748 acres located in 148 areas in Northeast Bakersfield. These amendments will not affect existing zoning. Segment VIII: WELEX (a division of HALIBURTON COMPANY) and the CITY OF BAKERSFIELD have applied to change the Commercial designation to Industrial on 10.4 acres located on the north side of the triangular intersection of South Union Avenue and South Chester Avenue. Bakersfield, California, June 24, 1981 - Page 5 447 Segment IX: ROGER W. YATES (representing KERN INCOME PROPERTIES) has applied to change the Commerical designation to Industrial for 1.6 acres located on the west side of Westwind Drive, midway between 19th and 21st Streets. This hearing has been duly advertised and the property owners notified as required by law. The Planning Commission approved the Negative Declarations on Segments III, IV (with mitigation measures), V, VI, VII, VIII and IX, and recommended approval of Segments I, IV, V, VI, VII, VIII and IX, provided certain conditions are met on Segments I, V and VI, as delineated in Planning Commission Resolutions No. 22-81, 25-81 and 26-81. The Planning Commission, after a public hearing held April 16, 1981, approved the Negative Declaration, but recommended denial of Segment III. A letter was received from Francine J. S. Lane, Attorney at Law, 51010jai Drive, dated June 18, 1981, requesting that the Council deny Segment IV until an Environmental Impact Report is prepared to identify solutions to increased traffic hazards at the intersection of Highway 178 and Fairfax Road that the project will create. Mayor Shell declared the hearing open for public partici-- pation on Segment I. Mr. Tim Gannon, 2414 Rio Vista Drive, the applicant, stated he was present to answer questions of the Council pertainins: to Segment I. Mr. William Cooper, Kern River Parkway Committee, for a General Plan Amendment, attention to an ongoing loss River. They are not opposed the City's policy which has allowed continued loss of open along the Kern River. 7901Debbs Avenue, representing the spoke in opposition to this request primarily to bring the Council's of urban open space along the Kern to this particular development only to space 448 Bakersfield, California, June 24, 1981 - Page 6 Mr. Rich O'Neil, 6600 Desmond Court, representing the Kern River Bike Path Committee, speaking in opposition to Segment I, stated that this development will make it necessary to relocate the Bike Path and complicates its completion. Mr. O'Neil stated an overall river plan is urgently needed to create a corridor or system that this community can be proud of. The problems with City neighborhood parks adjacent to residences is a good example of the incompatibility of this type of development. Mr. Bill Robertson, 351 East Roberts Lane, speaking in opposition to Segment I, stated he feels R-1 zoning is incompatible with the surrounding neighborhood. Mr. Robertson stated he feels it should be larger segments used for horse oriented activities or recreation. Mr. Robertson also stated there is a problem with the public, or crowd control, in this area and it is getting worse every day. Mr. Jim Taylor stated they do not object to Mr. Gannon using the land in a manner consistent with the public at large, but they feel it should be studied further before any decisions are made. Mr. Taylor also stated he felt a secure guarantee should be made that the public will have access to the area, bike path and. equestrian trail. Mr. Tom Fallgatter, 609 Bob White Court, member of the Planning Commission and speaking as a private citizen in opposition to Segment I, stated the first thing the City can do to improve Bakersfield is preserve what we have resource. The City needs to develop vation and use of the Kern River for and the Kern River is a natural an overall plan for the preser- this and future generations. Mr. Harry Love, 5805 Daggett Avenue, representing the Sierra Club of Kern Kaweah Chapter, presented a written statement in opposition to Segment I, because they feel the open space of the Kern River is a commodity that is diminishing in size and should be preserved. ~r. Love requested that the Council adopt a six month Bakersfield, California, June 24, 1981 - Page 7 44'9 moritorium on developments within the primary and secondary flood- plain of the river and direct the Planning Department to draft an Open Space Element directed towards the needs of the Kern River and present it for public comment and adoption during that period of time. Mr. Bill Goodloe, 3104 Melrose Avenue, member of the Kern Audubon Society, presented a letter from the Kern Audubon Society objecting to the proposed development plan by Tim Gannon and James Wattenbarger and made several suggestions for the preser- vation of this area. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action on Segment I. In answer to a question Mr. Gannon stated he feels there is a necessity for planning throughout the whole river basin, how- ever, living along the river, along with other uses, should also be considered. Mr. Gannon then outlined their plans for this area and how it will be maintained. Upon a motion by Councilman Means, the staff was directed to agressively pursue completion of an Open Space Policy regarding the river, how it ties in with the Water Board's and Kern COG's recommendations, and assist the Council in preparing that policy statement as soon as possible, hopefully by September l, 1981. Director of Fire & Development Services Needham stated that Kern COG is not pursuing this study at the present time, therefore, they will not be involved. Staff may not be able to finish the study by September 1st, however, if more time is needed a request will be made for an extension. Upon a motion by Councilman Means, Resolution No. 38-81 of the Council of the City of Bakersfield making findings and approving Segment I of Proposed Amendment to the Land Use Element Bakersfield, California, June 24, 1981 - Page 8 of the Bakersfield Metropolitan Area General Plan (Land Use Amend- ment 1-81), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Means, Payne Noes: Councilman Christensen Absent: Councilman Strong Councilman Christensen, in clarifying his negative vote, stated a man asked him today if he thought a person ought to have a right to develop his own property, etc., and use as he sees fit. He stated he told the man that that is not necessarily true, and he has bad news for him. There is a man like Mr. Chamblin, Pioneer Mercantile, who is a taxpayer and has been located at the same place of business for years and years and they are taking his property away from him. Councilman Christensen stated he would like to see the City buy the property in question. Mayor Shell declared a brief recess at 9:30 P.M. and reconvened the meeting at 9:40 P.M. Mayor Shell declared the hearing open for public partici- pation on Segment III. Mr. Carl Moreland, applicant, speaking in favor of Segment III, requested that the Council grant this request for commercial use of the property. Mr. Frank Slaghuis, Covington Technologies, requested that the Council grant the request for commercial use of property known as Segment III on this General Plan Amendment hearing. 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 III. Upon a motion by Councilman Barton, Resolution No. 39-81 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment III of Proposed Amend- ment to the Land Use Element of the Bakersfield Metropolitan Area '45 l Bakersfield, California, June 24, 1981 - Page 9 General Plan roll call vote: Ayes: Councilmen Ratty, Rockoff, Noes: None Absent: Councilmen Strong, Christensen Mayor Shell declared the hearing open pation on Segment IV. Mr. Michael Callagy, the reasons they feel Segment (Land Use Amendment 1-81), was adopted by the following Barton, Means, Payne for public partici- Cornerstone Engineering, outlined IV is ideally suited to commercial expressing his opposition to commercial use of the property known as Segment IV. Mr. Bunker stated he objects to this commercial develop- ment because there are many commercial establishments within a short distance of this location, there are a number of other areas presently zoned for commercial use that are not yet developed, the volume and fast traffic on this street and there are three schools located in the immediate area. The preferable area for any commercial develop- ment that is to occur in this general area is at the intersection of Auburn Street and Fairfax Road. Ms. Stephanie McCormick, member of the City Planning Commission, expressed her opposition to Segment IV of the General Plan Amendments. The area south of Highway 178 and north of College Avenue has been planned strictly for residential and the shopping center would bring in additional traffic along with noise and reduced air quality. This is more of a community shopping center rather requested that the Council Amendment on Segment IV. Mr. Bruce Bunker, 6509 Ridgeway Court, submitted a letter grant the request for a General Plan use. Mr. Callagy stated, in answer to Ms. Lane's suggestion in her letter that a traffic signal be placed at the intersection of Fairfax Road and Highway 178, that until traffic volume increases a signal will not be placed there. Mr. A1 Saroyan, Developer and Architect, outlined the plans they have for the development of this parcel of 2and and 45?, Bakersfield, California, June 24, 1981 - Page 10 than a neighborhood shopping center. The Planning Commission has not been shown there is a need for additional commercial acreage in this area. Ms. McCormick stated she agrees with Mrs. Lane and Mr. Bunker, if this General Plan Amendment is approved, a focused EIR is needed to address the traffic, noise problems, air pollutio~ problems, lighting and glare problems and growth inducing effects of this project. Mr. Tom Fallgatter, member of the City Planning Commission, expressed his opposition to Segment IV, spoke about the need for long-range planning in this area, and requested that the Council deny this request until a rational justification is given for the change. 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 IV. Councilman Rockoff expressed his opposition to Segment IV. Upon a motion by Councilman Rockoff, Resolution No. 40-81 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and denying Segment IV of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Element 1-81), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Means, Payne Noes: None Absent: Councilmen Strong, Christensen Mayor Shell declared the hearing open for public partici- pation on Segment V. 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 V. Bakers£ield, California, June 24, 1981 - Page ll Councilman Ratty expressed his concern about the applicant not being present to answer some questions as to why this zoning is being requested at this particular time. Upon a motion by Councilman Ratty, Resolution No. 41-81 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and denying Segment V of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 1-81), was adopted by the following roll call vote: Ayes: Noes: Absent: pation Councilmen Ratty, Rockoff, Barton, Means, Payne None Councilmen Strong, Christensen Mayor Shell declared the hearing open for public partici-- on Segment VI. 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 VI. Upon a motion by Councilman Rockoff, Resolution No. 42-8]_ of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment VI of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 1-81), failed to carry by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Payne Noes: Councilman Ratty Absent: Councilment Strong, Christensen, Means City Attorney Oberholzer stated the resolution failed because it requires four votes to adopt. In answer to a question by Councilman Means, City Attorney Oberholzer stated the Council can proceed to reconsider the resolution after a vote of the Council. 4. 4 Bakersfield, California, June 24, 1981 - Page 12 tion. Ayes: Noes: Absent: Councilman Means made a motion to reconsider the resolu- This motion carried by the following roll call vote: Councilmen Rockoff, Barton, Means, Payne Councilman Ratty Councilmen Strong, Christensen Upon a motion by Councilman Rockoff, Resolution No. 42-81 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment VI of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 1-81), was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Means, Payne Noes: Councilman Ratty Absent: Councilmen Strong, Christensen Mayor Shell declared the hearing open for public partici- pation on Segment VII. 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 VII. Upon a motion by Councilman Payne, Resolution No. 43-81 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment VII of Proposed Amendmenl; to the Land Use Element of the Bakersfield Metropolitan Area Genera3L Plan (Land Use Amendment 1-81), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Means, Payne Noes: None Absent: Councilmen Strong, Christensen Mayor Shell declared the hearing open for public partici- pation on Segment VIII. Mr. John Antonino, Valley Steel and Construction and representing Welex Corporation, requested that the Council approve this application for industrial use of the property known as Segment VIII. Bakersfield, California, June 24, 1981 - Page 13 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 VIII. Upon a motion by Councilman Barton, Resolution No. 44-81 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment VIII of Proposed Amend- ment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment l-S1), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Means, Payne Noes: None Absent: Councilmen Strong, Christensen Mayor Shell declared the hearing open for public partici- pation on Segment IX. Mr. Roger Yates, applicant, requested that the Council grant this request for industrial use of the property known as Segment IX. 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 IX. Upon a motion by Councilman Ratty, Resolution No. 45-81 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment IX of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 1-81), was adopted by the following roll call Ayes: Noes: Absent: Council, upon a motion by Councilman Means, vote: Councilmen Ratty, Rockoff, Barton, Means, Payne None Councilmen Strong, Christensen RECESS There being no further business to come before the the meeting was 4.56 Bakersfield, California, June 24, 1981 - Page recessed at 11:05 P.M., until Wednesday, July 1, 1981, at 6:30 P.M., in order to meet in Executive Session with Nicholas Counter re- garding Labor Negotiations. MAYOR of the o/~f ~aker fi .1'~~--~ ~ s 'e d, Calif. ATTEST: CITY Ex~Officio Clerk of the Council of the City of Bakersfield, California ma