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HomeMy WebLinkAbout06/22/1988 MINUTES CCBakerstield, California, June 22, 198~ Minutes ot the Speclal Meeting the Council ot the City ot Bakerstleld, Calltornia, tor the purpose ot a Workshop held the Basement Conterence Room, Annex Building, at 5:15 p.m., June 22, 1988. The meeting was called to order by Mayor Payne. Deputy City Clerk Gattord called the roll as ~ollows: Present: Mayor Payne. Absent: Councilmember Councilmembers Childs, DeMond, Ratty, McDermott, Salvagglo Smith (seated at 5:23 p.m.) Peterson WORKSHOP EIR FOR KERN RIVER PARKWAY Introduction was made by Associate Planner Jim Movius. He provided an overview o£ the puDlic opinion survey and analy- Gene Bogart, Water Resources Director, provided history and background on the Parkway. Council, ADJOURNMENT There being no tufther business to come betore the the meeting was adjourned at 5:55 p.m. MAYOR ot the City ot Ba~ers£1eld, CA ATTEST: CITY CLERK and Ex Ottlcio Clerk ot the Council ot the City ot Bakerstleld, Calltornia bz Bakersfield, California, June 22, 1988 Minutes ot the Special Meeting ot the Council o~ the City o£ Bakers£ield, California, ~or the purpose ot a Closed Session held in the City Manager's Conterence Room, ot City Hall at 5:55 p.m., June 22, 198~. The meeting was called to order by Mayor Payne. Deputy City Clerk Gattord called the roll as tollows: Present: Mayor Payne. Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Absent: Councilmember Peterson CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9 (a) regarding Steven Cli£~ord vs. City o~ Bakersfield, et al. ADJOURNMENT There being no turther business to come betore the the meeting was adjourned at 6:35 p.m. MAYOR o~ the City ot B~Kers~ield, CA ATTEST: o£ the C~ty ot Ba~ers£~eld, Calitornia bz Bakersfield, California, June 22, 1988 Minutes ot the Regular Meeting ot the Council ot the City of Bakerstield, Calltornla, held in the Council Chambers City Hal£ at 7:00 p.m., June 22, 1988. o£ The meeting was called to order by Mayor Payne tollowed by the Invocation Dy Mr. Richard Williams, Member ot The Board ot Deacons, First Assembly ot God Church tollowed by the Pledge o~ Allegiance. Deputy City Clerk Gattord called the roll as tollows: Present: Mayor Payne. Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvagglo Absent: Councilmember Peterson MINUTES Upon a motion by Councilmember Childs, Minutes ot the Regular Meeting ot May il, 1988, and Special Meetings (5:15 p.m. and 7:00 p.m.) ot May i8, 1988 were approved. PUBLIC STATEMENTS Upon a motion by Councilmember Childs, Philip Keimar, 5500-55 Lennox Avenue, was allowed to deter his comments regard- ing Sewer Fund Monies tor Redevelopment until Item 7.d. on Page 9. Michael Caliagy, 196 Pelham Court, spoke regarding down- town and asked the Council to support the Moreland proposal. Upon a motion by Councilmember DeMond, Roy F. Mala~owskl, 50i6 Pamela, was allowed to deter his comments regarding the Homeless Shelter until Item 5.c. on Page 4. Hurd Bias, 514 So. Williams Street, spoke regarding the necessity o£ parking space markers on Lakeview Avenue. Councilmember Chl£ds directed City Manager Hawley to schedule a meeting with City start, Councilmember Childs, and Mr. Bias to discuss the parking space markers. Mr. Charles Drew, Vice President, Downtown Business Association, 819 - 19th Street spoke regarding the Central District Development Agency budget and would like to see the pro- jects in Downtown completed. HEARINGS This is the time set ~or a continued public hearing on an appeal by Steve Nichols, on bebalt ot the neighboring property owners, to the decision ot the Planning Commission approving the application tor a Planned Unit Development Zone (Zone Change 4709) on that certain property commonly known as 6200 Auburn. Bakersfield, California, June 22, 198~ Page 2 This hearing has been duly advertised, posted, and the property owners notitied as required by law. 1988. This hearing was continued trom the meeting ot April 13, Correspondence has been received trom Steve Nichols, dated May 12, 19~, requesting the property be rezoned back to an R-1 and R-3 zone. Correspondence has also been received trom T.A. Goldnet, dated June 21, 1988, requesting Council uphold the decision ot the Planning Commission and approve the zone change. Assistant C~ty Manager Pulskamp and Planning Director Hardlsty braeted the Council. Mayor Payne declared the hearing open for public participation. Steve Nichols, appellant, distributed pictures and correspondence and asked that the Council uphold the appeal and deny the application. appeal: appeal: The tollowing individuals spoke in support ot the Darlene Duncan, 3100 Juniper Ridge Court; Henry Owen McCarthy, 310i Oakridge Drive; John Garretson, 3109 Shl£Oh RancM Road; Ranelle Wallace, 3301 Shzioh Ranch Road; Arny O~dal£, 3013 Willow Drive Stan Holcumb, 2905 Royal Oak Drive Phyllis Gutierez, 3104 $[]11oM Ranch Road. The £ollowlng ~ndzvlduais spoke in opposition ot tMe Susan Weaver, distributed correspondence and asked the Council to approve the plans as submitted. Lisa Wade, 3005 Royal Oa;~, spoke in opposition to the appeal. Teresa Goldnet, Representative tor First Cities Properties, made a presentation and asked the Council to uphold the dec~sion ot the Planning Commission. Glen Gordon, First Cities Properties, asked the Council to support their plan and up~old the decision ot the Planning Commission. Bakersfield, Calitornia, June 22, 198~ Page 3 The ~ollowlng individuals spoke in rebuttal, supporting the appeal. Steve Nichols, appellant; Ranelle Wallace, 3301 Shiloh Ranch Road; John Garretson, 3109 Shllo~ Ranch Road; Darlene Duncan, 3100 Juniper Ridge Court; and Henry McCarthy, 3101 Oak Ridge Drive. The ~ol±owlng individuals spoke in rebuttal, opposing the appeal. Glen Gordon, First Cities Properties; Teresa Goldnet, Representative ~or First Cities Properties. No turther protests or ob]ectlons being received and no one else wishing to speak in ~avor, Mayor Payne closed the public portion ot the hearing tot Council deliberation and action. Mayor Payne recessed the meeting at 8:43 p.m. The meet- Ing reconvened at ~:55 p.m. Councilmember McDermott made a motion to uphold the decision ot the Planning Commission with the conditions ot increasing the square tootage ot the units to 500 square teet and the reduction ot 16 units and deny the appeal. Vice-Mayor Smith made a substitute motion to delay the dec~slon to allow the Council an opportunity to look at the next proposed plan. Vice-Mayor Smith amended her substitute motion to grant the appeal ot Steve Nichols and to reter to the Planning Commission the revised application tor a P.U.D. tot con- sideration. Councilmember Childs made a motion to call tot the question. The motlon was approved. Mayor Payne restated Councilmember Smlth's substitute motion to grant the appeal ot Steve Nichols and reter the matter back to the Planning Commission tor consideration ot the revised P.U.D. application. The motion tailed by the tollowing vote: Ayes: Noes: Abstain: Absent: Councilmember Smith Councilmembers Childs, DeMond, Salvagglo None Councilmember Peterson Ratty, McDermott, Bakersfield, Calitornia, June 22, 19~ - Page 4 Mayor Payne restated Councilmember McDermott's motion tc. uphold the decision ot the Planning Commission with the condi- tions o£ increasing the square lootage ot the units to 500 square feet and the reduction ot 16 units and deny the appeal. The motion was approved by the tollowing vote: Ayes: Councilmembers Childs, DeMond, Salvagglo Noes: Councilmember Smith Abstain: None Absent: Councilmember Peterson Ratty, McDermott, Upon the request o£ Vice-Mayor Smith, Mayor Payne recessed the meeting at 8:43 p.m. The meeting reconvened at ~:55 p.m. This is the time set ~or a continued public hearing on an appeal by Raymond A. Sanders to the decision ot the Board o~ Zoning Adjustment denying his application ~or a modification ~or the elimination o~ the required o~-street parking in an R-1 (One Family Dwelling) Zone on that certain property commonly Known as 2719 Blade Avenue. This hearing has been duly advertised, posted, and the property owners notltled as required by law. This hearing was continued ~rom the meetings December 2, 19~7, and January 6, 19~. Upon a motion by Vice-Mayor Smith, the hearing was con- t~nued to the meeting o£ August 3, 1988. Upon a motion by Vice-Mayor Smith, Chapter 17.52 ot the Municipal Code was fetefred to the Planning Commission to develop pertormance standards to require that once construction begins on a P.U.D. project it proceeds towards completion, and it such pro- ject is abandoned tor any lengthy period the r~ght to later resume construction is subject to a noticed public hearing prior to approval. This is the time set for a public hearing on an appeal by Dominico J. Scatena to the decision o~ the Board o~ Zoning Adjustment approving a Conditional Use Permit requested by the City o~ Bakersfield, Community Development Division, to construct a ~aclllty ~or the homeless at l~0O East Truxtun Avenue. This hearing has been duly advertised, posted, and the property owners notIrked as required by law. Correspondence has been received ~rom the Homeless Coalition Task Force, 515 Truxtun Avenue, dated June 2, 1988, appealing the decision ot the Board ot Zoning Adjustment, spe- cltical£y the requirement tot a six-foot high concrete bloc~ wall along the northerly and westerly property lines. Bakerstleld, California, June 22, 1988 - Page 5 Assistant City Manager Pulskamp provided an update. Councilmember McDermott made a motion to continue the hearing to July 6, 1988. The motion failed. Mayor Payne declared the hearing open ~or public par- tlclpatlon. Roy Malahowskl, 5016 Pamela, spoke in opposition to the appeal. Bruce Ball, 59U5 Azalea, Chairperson ot the Homeless Coalition Task Force, spoke in opposition to the appeal. No turther protest or ob]ectlons being received, and one wishing to speak in tavor, Mayor Payne closed the publlc portion ot the hearing tot Council deliberation and action. no Councilmember McDermott made a motion to uphold the decision ot the Board ot Zoning Adjustment with two changes to the conditions: The day center may be built where it was shown on the application. The masonry wall along the north property line may he deterred to a later development phase. Upon a motion by Councl£member DeMond, the call tor the question was approved. Mayor Payne stated that Council will vote on Councilmember McDermott's motion, to uphold the decision ot tMe Board ot Zoning Adjustment wlth two changes to the conditions: The day center may be built where it was shown on the application. The masonry wall along the north property line may he deterred to a later development phase. The motion was approved by the tollowlng vote: Ayes: Councilmembers Smith, Childs, Salvagg~o Noes: None Abstain: None Absent: Councilmember Peterson DeMond, Ratty, McDermott, Councilmember Childs clarztled his vote stating that he supported the motion because he strongly supports the homeless shelter, however, he teeIs the Council did a citizen a disservice and Mopes it does not jeopardize the project. This is the time set for a public hearing to consider the adoption of an Ordinance for fees associated with cost recovery of expenses incurred trom the use of City personnel and equipment and/or a third party on hazardous material emergencies. Bakersfield, California, June 22, 1988 - Page 6 This hearing has been duly advertised and posted as required by law. Mayor Payne declared the hearing open for public participation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. First Reading o~ an Ordinance ot the Council ot the City ot Bakersfield for gees associated with the cost recovery ot expenses incurred from the use ot City Personnel and equipment and/or a third party on hazardous material emergencies. REPORTS Councilmember Smith read Litigation Committee Report No. 2-88 regarding Central District Development Agency request for transfer ot appropriations as follows: The City Council referred the request from the Central District Development Agency (CDDA) to transfer appropriations sufficient to cover Legal tees associated with the Moreland lawsuit, to this Committee. Staff has reviewed in detail the billings sub- mitted by Adams, Ouque and Hazeltine and has determined that all work represented as having been performed was performed. Moreover, at the time when the wor~ was ordered and per- formed, it was necessary and appropriate for the anticipated trial ot the matter. Based on this information, therefore, this Committee recommends the request from the CDDA be approved as detailed on the attached sheet. Upon a motion by Councilmember Smith, Litigation Committee Report No. 2-88 was accepted. Upon a motion by Councilmember Smith, recommendations within Litigation Committee Report No. 2-88 were implemented. Councilmember Childs, Chairperson ot the Personnel Committee, read Report No. 10-88 regarding Charter Amendments follows: The Personnel Committee has held several work sessions to review the recommendations o£ the Charter Review Committee. On Monday, June 2U, 1988, some members ot the Charter Review Committee met with the Personnel Committee to diSCUSS areas ot consensus. as Bakersfield, California, June 22, 1988 Page 7 Presented tonight for Council review are pro- posed amendments to the Charter. There are some issues that still are under review. The number ot controversial sections being consid- ered for change has made it difficult for the Personnel Committee to complete the task within just two weeEs. It should be noted that the Personnel Committee and members o~ the Charter Review Committee concur w~th most of the presented amendments; however, the Charter Review Committee still supports one Civil Service Commission rather than three. Both Committees have discussed the placement ot the amendments on the November ballot, whether it should be a total Charter amendment, separate measures ~or different sections but on the same ballot, or phased in over several elections. The Personnel Committee's final report will be on the July 6, 1988 agenda, but it is impor- tant for the Council to start the review ot the presented Charter changes. Councilmembers are encouraged to provide co~ranents (on the changes and ballot placement) to the Personnel Committee through the City Manager's O£tlce. During the interim, the Personnel Committee will conclude its review, and staff will meet with the unions to discuss proposals which might require meet and confer. Adoption by Council must be prior to, or on, August 3, 1988. The Personnel Committee requests acceptance of this report. Upon a motion by Councilmember Childs, Personnel Coinmlttee Report No. 10-88 was accepted. Upon a motion by Councilmember Childs, recommendations within Personnel Committee Report No. 1~-88 were implemented. Councilmember McDermott read Budget and Finance Committee Report No. 28-88 regarding Amendment of the Operating, Capital Improvements, and Central District Development Agency Budgets for t~e Fiscal Year 1987-88. On June 17, 1987, the City Council approved Resolution No. 115-87 adopting the 198/-88 Operating, Capital Improvements and Central District Development Agency Budgets for the City ot Bakersfield. On April 13, 1988, the Council amended Resolution No. 115-87 to reelect the actions taken by the Council up to BakersKield, California, June 22, 1988 - Page 8 that time. Since then, the Council has taken actions and is proposing actions which will ~urther change the appropriations as origi- nally stated in the budget tor Fiscal Year 1987-88. This amendment re£1ects those known and anticipated changes. These changes include the appropriation oK tunds £rom Council Contingency, Seized Property Trust Account, Medical Reserve Trust Account, Special Assessment Bonds and Financings, and the elimination ot debt. Items included are additional clerical person- nel in the City Attorney's OKtice, payment oK legal tees tot the Moreland lawsuit, use ot tunds trom the Seized Property Trust, addi- tional tunding tor the S.?.C.A., contributions trom other agencies tot the "H" Street under- pass and other items as detailed on Exhibit "A" ot the proposed Reso£utions. As a matter ot contormance to City accounting practices and budgetary controls, it is neces- sary that the budget be amended to retlect these changes. The tota£ net change in appro- priations is as Kollows: Council Amended 4/13/88 6/22/88 Amendment Operating $ 93,595,285 $ 95,827,056 Capital Improvements 58,945,275 6U,241,927 CDDA Operating 2,534,961 2,9'79,961 CDDA Capztal Improvements 4,149,920 3,804,920 Total Appropriations $ 159,225,442 $ 160,853,864 Upon review ot these amendments, the Committee recommends the approval oK this report and the adoption ot the proposed Resolutions. Upon a motion by Councilmember McDermott, F~nance Committee Report No. 28-8~ was accepted. Adoption o~ Resolution No. 116-88 o~ the Council ot t~e City oK BaKerstield amending Resolution No. 115-87 approving and adopting the Operating and Capital Improvement Budgets ~or the City ot Bakersfield ~or the Fiscal Year 1987-88. Net Change 23£,77(~ 1,296,65. 445,000 345,000) 1,628,422 Budget and Bakersfield, California, June 22, 1988 - Page 9 Upon a motion by Councilmember McDermott, Resolution No. 116-88 ot the Council ot the City ot Bakers£1eld was adopted by the tollowing vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Salvagglo None None Councilmember Peterson DeMond, Ratty, McDermott, Adoption o~ Resolution No. 117-88 o~ the Council ot the City o~ Bakersfield amending Resolution No. 115-87 approving and adopting t~e Central District Development Agency Budget for the Fiscal Year 1987-88. Councilmember Ratty abstained from voting due to possi- ble contllct o£ interest. Upon a motion by Councilmember McDermott, Resolution No. 117-88 of the Council o£ the City o~ Bakersfield was adopted by the toliowlng vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, None Councilmembers Childs, Ratty Councilmember Peterson McDermott, Salvagglo Correspondence has been received from Susan C. Rohan, Building Industry Association of Kern County, dated June 22, 1988, in opposition to the transfer of Sewer Enterprise Funds Redevelopment. Philip Kelmar, 5555 Lennox Avenue, spoke in opposition to the recommendation ot the Budget and Finance Committee to loan one million dollars of sewer tund monies to the Bakersfield Redevelopment Agency. Councilmember McDermott read Budget and F~nance Committee Report No. 29-88 regarding Fiscal Year 1988-89 Operating, Capital Improvements and Central District Development Agency Budgets. On May 25, 1988, the proposed annual budget tor the City o£ Bakersfield was submitted to the City Council. The Proposed Budget repre- sents expenditures of $133,121,788, and con- slsts o£ an Operating Budget for the City o~ BaKers£1eld o£ $97,304,463; Caplta£ Improve- ments Budget tor the City of Bakersfield of $31,698,900; Central District Development Agency Operating Budget ot $2,438,42b; and Central District Development Agency Capital Improvements Budget o~ $1,680,000. The budget Bakersfield, California, June 22, 1988 Page 10 represents all of the City of Bakersfie±d's financial responsibilities and provides budget information by department and fund type. The proposed budget also includes requests from outside groups such as the S.P.C.A., Convention Bureau, Boys Club, and the Bakersfield Symphony. This Committee has met with the City Manager and his Department Managers to review the proposed budget. As a result of these meet- lngs and additional information gained since it was presented to the City Council, several changes are being recommended. The first recommended change is to reduce the assessment for Park Landscaped Median Maintenance Districts by approximately 20% of the assessment for the Park portion. This amounts to a reduction in revenue from assess- ments of approximately $105,000. It is recom- mended that this be offset by tunds available due to savings in the Domestic Water Fund, resulting from a renegotlation of the City's contract wlth California Water Service. These savings totaling $120,000 are to be trans- ferred to the General Fund as an in-lieu payment. There are additional savings availa- ble in the Agricultural Water Fund due to the elimination of a position and reductions in consultant fees of $45,000. This is also to he transferred to the General Fund as an in- lieu payment. Also recommended is a decrease in the assessment for Maintenance District No. 1. This reduction, which is due to a techni- cal change in the assessment calculation, will result in decreased revenues and expenditures in the amount o~ $2,~30. As a result of additional information obtained from the State, estimated sales tax revenues are anticipated to be lower than estimated in FY 198/-88 and FY 19~8-89. Based on this information and akter further review of General Fund revenue estimates, there is an anticipated variance of $1,200,000 less in General Fund Revenues, compared to the proposed budget. Staff is recommending that this be eliminated by deterring $525,000 in Capital Improvements Projects (land acquisi- tion and related costs o£ $550,000) funded by the Capital Outlay Fund, $12b,480 in Operating Budget reductions, and $404,15U in reductions in Various Departmental Capital Outlay Items. In addition to these changes, there are sev- eral other changes in General Fund revenues and expendltures which will be described fur- ther in this report and detailed on the attached schedules. Bakersfield, California, June 22, 19~8 - Page Major items reduced from the Operating and Capital Outlay requests mentioned above include the elimination ot an Englneer-Dratter position and an Engineering Aide II position in Public Works, and the elimination of an Engineering Aide Tech I position in the Parks Division ot the Community Services Department. A signltlcant Capital Outlay reduction was the proposed PRIME computer upgrade for $160,000. Although this cannot be £unded at the present time, it is the recommendation ot the Committee that upon completion ot the Clty's annual financial audit, start review the availability ot tunds to purchase the computer at that time. The Committee ~eels that the upgrade o~ the computer will provide important resources to City employees to do their job more e~ticlently, and theregore, should be considered a high priority. Additional Operating Budget changes include a reduction ot $20,000 in the Personnel Division budget tot executive recruitments. This amount will De included in the Council Contingency, it needed. Included in the City Manager's budget is $6,500, in accordance with the recent amendment to the Joint Powers Agreement ~or the Kern Council of Governments. The City Manager will also be utilizing the Clty's Internal Auditor to conduct a histori- cal review ot the tlnances ot the Redevelopment Agency and the Ba~erstleld Airpark. We recommend an additional $20,000 be provided in the event that additional resources are required to accomplish this. Additional changes to personnel requests in the Proposed Budget include the elimination ot the proposed Industrzal Waste Inspector II position in Sewer Enterprise, a change in title £rom Secretary I to Account Clerk II in the Purchasing Division, and the addition ot a reclassltlcatlon £or a Community Center Leader to Supervisor I in the Recreation Division. The Committee reviewed the Mayor's budget and we recommend an increase over the Mayor's request ot $10,000 be added to the Mayor's Operating Budget to provide adequate tunds tor community recognition and promotion ot the City. We turther recommend t~at an additional $5,000 be Oudgeted to provide turnlture ~or the Mayor's o£tlce. We would like to point out that the Proposed Budget includes addi- tional part-time clerical assistance to the Mayor's Ottlce. Bakerstleld, Calltornia, June 22, 19~ - Page 12 The Committee also is recommending participa- tion in the annual Bakerstleld Trlathalon cur- rently sponsored by the North Bakerstleld Recreation and Park District, which is becoming a major community event and promotes a positive City image. We recommend $2,600 be included in the Recreation budget tor this event. A request tot £unding was received by the Committee £rom the Greater Ba~erstleld Chamber ot Commerce regarding the provision ot tourism services. The Committee recommends that this item be reviewed turther upon the arrival ot the newly-appointed Executive Director tor the Greater Bakerstleld Tourist and Convention Bureau. The Committee will review the Chamber's request concurrent with their review o£ the Convention Bureau's proposed FY 19~-89 Work Program. The Committee discussed, at length, ~inanclng alternatives tot existing commitments ot the Central Dlstr~ct Development Agency. The Committee accepts statt's recommendation that t~e commitment be met Dy a $1,U00,000 interest-bearing loan trom the Sewer Fund. The Committee stressed that the loan would bear prime interest rate so that there is no loss in interest revenue to the rate payers. This interest rate is greater than what they are currently receiving. Further, the Committee recommends that this loan be colia- terallzed by unencumbered properties owned by the Agency and secondarlly properties owned by the City, such as the Old Corporation Yard. In addition, due to the City's responsibility tot legal tees associated with the Moreland suit, we recommend that the City reimburse the Agency in the amount ot $/00,000. This will be accomplished by transretting to the Agency $10U,0~0 in FY 19~7-~8, $25~,000 in FY 198~-~9, and $350,000 in FY 19~9-90. We also recommend that the City change its part~clpa- tlon in the Civic Auditorium improvements trom 20% to 50%. We reel this more accurately re~lects the Clty's true benetlt trom th~s pro3ect. In addition to Operating Budget changes, there are several minor changes to the Capital Improvements Budget. To re£1ect action taken by the Council regarding Park acquisition north ot Panama, this pro~ect should be s~own as Park Acquisition and Development-Monitor Street. There is no change in the tundlng amounts. Bakerstield, California, June 22, 1988 - Page 13 The Committee recommends the deterral ot $60,000 tor Homeless Shelter Improvements. This amount is to De ~ncluded ~n the Neighborhood Revitalizatlon lzne item. These items are tunded through Community Development Block Grant Funds and result in no net change. The Committee also recommends that an addi- tional trattlc signal be lnc£uded in the Budget at M~ng Avenue and Manning Street. This project, which totals $100,000 would be tunded by reducing the Gas Tax tunds allocated tot channellzatlon at various locations by $30,000, and the median islands along District Boulevard and Stlne Road by $45,000. The remaining $25,000 would come trom Transportation Development Act Savings availa- ble trom the "H" Street underpass in FY 1987-88. With your approval ot the above-mentzoned changes, the recommended budget tor Fiscal Year 1988-89 is as tollows: C~ty Operating City Capztal Improvements CDDA Operatzng CDDA Capital Improvements $ 9'/,127,853 30,612,000 2,4U9,925 1,680,000 $131,829,77~ Th~s Committee would l~e to thank the Department Heads and the C~ty Manager's start tor the ettort they put torth in the prepara- tion ot the budget, as well as the assistance provided in arriving at our recommendations. We believe that the level o£ service repre- sented in this budget w~11 maintain existing levels ot service and meet the current needs ot the C~t~zens ot BaKerstleld. Theregore, upon review ot these changes, the Committee recommends the acceptance and appro- val ot this report and the adoption ot the appropriate Resolutions implementing the City ot BaKerstleld Operating, Capital Improvements, and Central D~str~ct Development Agency Budgets as modetied ~n th~s report. Bakersfield, California, June 22, 1988 - Page 14 Upon a motion by Councllmember McDermott, Budget and Finance Committee Report No. 29-88 was accepted. Adoptzon ot Resolution No. 118-88 o~ the Council o~ the City o~ Bakerstield approving and adopting the Operating, Capital Improvements, and Central District Development Agency Budgets tor the Fiscal Year 1988-89. Upon 118-88 o~ the the tollow~ng a motion by Councilmember McDermott, Resolution No. Council o£ the City o~ Bakerstleld was adopted by vote: Ayes: Noes: Abstazn: Absent: Councilmembers Smith, Childs, Salvagglo None Councilmember Ratty Councilmember Peterson DeMond, McDermott, Adoption o~ Resolution No. o~ the Council o~ the City ot Bakersfield approving and adopting the Operating and Capital Improvement Budgets 2or the Central D~str~ct Development Agency ~or the Fiscal Year 1988-89. Upon 119-88 o~ the the tollow~ng a motion by Councilmember McDermott, Resolutzon No. Council ot the City o~ Bakerst~eld was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, None Counc~lme~nbers CAllds, Ratty Councilmember Peterson McDermott, Salvagg~o Adoptxon o2 Resolution No. 120-88 o~ the Councxl o2 the City o~ Bakersfield establishing the City o~ Bakers2ield approprxatlons limit ~or Fiscal Year 1988-89. Upon a motion by Councilmember McDermott, Resolution No. 120-88 o£ the Council ot the City o~ Bakersfield was adopted by the tollowxng vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Chzlds, Salvaggxo None None Councxlmember Peterson DeMond, Ratty, McDermott, Bakersfield, California, June 22, 1988 - Page 15 Councilmember Childs read Budget and Finance Committee Report No. 30-88 regarding Funding o~ City Animal Control Services as tollows: On April 27, 1988, the City Council reterred correspondence ~rom the Bakersfield Society ~or the Prevention ot Cruelty to Animals (S.P.C.A.) submitting their annual budget ~or animal control services, to the Budget and Finance Committee. The S.P.C.A. also included a request to amend the Fiscal Year budget, by increasing the City contribution $2U,~00. This would recover a portion o~ the start-up costs associated with the expansion ot shelter and adoption ~acilitles at 3000 Gibson Road. The Committee has reviewed these requests as part ot its review ot the proposed 1988-89 budget and has discussed them with City start. It was pointed out that the S.P.C.A. has not received an increase in the contribution ~rom the City since 1986-87. A/ter considerable discussion, it was determined that additional tundlng in both the current and proposed FY 1988-89 budget was necessary to provide ade- quate anlmal control services due to the rapid growth experienced by the C~ty and increased services provided by the S.P.C.A. The addi- tional tacilltles at 3000 Gibson Road will also provide better access to the citizens o~ BaRerstield tor animal control services, adop- tion, and licensing. Therefore, the Committee recommends the appro- val o£ this report and the adoption ot the resolution authorizing payment ot $2U,UUU to the S.P.C.A., and the resolution amending Agreement No. 86-116 between the City ot Bakersfield and the S.P.C.A. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 30-8~ was accepted. Adoption o£ Resolution No. 121-88 o~ t~e Council ot the City o~ Bakersfield authorizing the payment o~ $20,000 to the Society tor the Prevention o~ Cruelty to Animals (S.P.C.A.). Upon a motion by Councilmember Childs, Resolution No. 121-88 ot the Council ot the City o£ Bakerstleld was adopted by the toilowing vote: Ayes: Councilmembers Smith, Childs, Salvagglo Noes: None Abstain: None Absent: Councilmember Peterson DeMond, Ratty, McDermott, Bakersfield, California, June 22, 1988 - Page 16 Adoption of Resolution No. 122-88 of the Council o~ the City o~ BaKersfield amending Agreement No. 86-116 between the City o2 BaKersfield and the Society ~or the Prevention ot Cruelty to Animals (S.P.C.A.). Approval of Contract No. 88-166 between the City of BaKersfield and the Society ~or the Prevention o2 Cruelty to Animals. Upon a motion by Councilmember Childs, Resolution No. 122-88 o~ the Council ot the City of Bakersfield was adopted and Contract No. 88-155 was approved by the tollowing vote: Ayes: Councilmembers Smith, Childs, Salvaggio Noes: None Abstain: None Absent: Councilmember Peterson DeMond, Ratty, McDermott, CONSENT CALENDAR The following Items were listed on the Consent Calendar: ao Approval ot Warrant Nos. 8991 to 9232 inclusive, in the amount ot $b42,69b.33. Communication from the Public WorKs Department, dated June 9, 1988, regarding traffic control at the intersection of Westwind Drive and Truxtun Avenue. (RECEIVE AND REFER TO URBAN DEVELOPMENT COMMITTEE) Communication from United States Environmental Protection Agency, Region IX, 215 Fremont Street, San Francisco, dated May 26, 1988, regarding National Ambient Air Quality Standards for ozone and carbon monoxide. (RECEIVE AND REFER TO INTERGOVERNMENTAL RELATIONS COMMITTEE) Claim for Damages and Personal In3uries from the tollowing: Vlncent's Cyclery and Sporting Goods, Inc., 5329 Ot£1ce Center Court, Suite 200; 2. Juan~ta Lanzarln, 515 Grace Street, #A; 3. Mary Alomarl, 3604 Wrenwood Street; and 4. Judie Hannah, 63~J Rivergrove Road. (REFER TO CITY ATTORNEY) Bakerstield, California, June 22, 19~8 - Page 17 e. Dedication o~ Properties: Grant Deed (Easement) trom Sierra Building Corporation tot a public utility easement located at the northwest corner ot So. JenKins Road and Brogan Avenue. Alley R~ght-ot-Way Easement trom St. Franc~s Church for an east-west extension o£ the alley in Block 4~ connecting "H" Street to Eye Street. Accept Easement trom Tenneco West, Inc. and grant a Right-or-Way Easement to PacltlC Gas & Electric Company tor power lines between the Clty's Kern River Canal and Panama Lane w~ch will serve City water extraction deepwells w~thzn t~e Clty's 2800 Acre Groundwater Recharge Facility. Water line Right-or-Way Deed from Tenneco- West tor portion ot Ag-Domestlc Interrace pipeline. Notices ot Completion and Acceptance ot Work tot the tollowlng projects: Construction o£ curb and gutter on East Brundage Lane, Williams Street, "L" Street, "M" Street and 10th Street, Contract No. 88-53, was completed on May 31, 19~8. 2 o Improvement Agreement tor Tract 5028A, Contract No. 88-10U, was completed on June 14, 1988. Contract Change Order No. 2 - Contract No. 88-85, with Grlttlth Company, tot resurtaclng portions ot Brundage Lane, Hughes Lane, Wlble Road, Belle Terrace and Planz Road· Agreement No. 88-153 with County ot Kern tot sewer maintenance and sewerage transport, treatment and d~sposal tot Tracts 4006, 4554, 4555 and 4~32 (Laborde Area), located west ot Fruitvale Avenue and south ot Olive Drive. Cooperative Agreement No. 88-154 with the State of Calltornla for modztications and improvements on Highway 178 at Mt. Vernon Avenue and Oswell Street. (East Hills Mall) Bakersfield, California, June 22, 1988 - Page 18 no s o uo Agreement No. 88-155, Amendment to Agreement No. 88-12 with John Carollo Engineers ~or Wastewater Treatment Master Plan for the City of Bakersfield. Agreement No. 88-156, Consent to Common Use Agreement with the County ot Kern tor pipeline easement on Olive Drive and Rasmussen Street. Improvement Agreement No. 88-157 and Corporate Surety Bond trom St. Francis Church to guarantee street construction items required tor the vacation o~ 9th Street between "H" and "Eye" Streets and a portion ot the alley in Block 48. Agreement No. 88-158 with Vaughn Mutual Water Company to allow interconnection ot water systems. Uncollectable Accounts Receivable - Property Damage Sel£-Insurance Program. Award Contract No. No. 88-159 tor Concrete Block Pumphouse ~or Laborde Water Well No. L202 to Kern County Construction, Inc., in the amount of $24,899.00, reject other bid and authorize the Mayor to execute the Contract. Award bid for Fork Lltt kor Civic Auditorium to Madland Toyota Lltt, Inc., in the amount of $22,676.58. (Replacement) Award low Did tor partitions and work stations tot the Police Department, Wastewater Treatment Plant and Attorney's Ottlce to Floyd's Stores Inc., in the amount ot $18,189.82 and reject all other bids. Award bid ~or compressor for Wastewater Treatment Plant No. 2 to Advanced Air Technologies in the amount ot $17,349.02 and reject all other bids. Award Contract No. 88-160 tor telephone inventory and study ot all City departments to RoDin & Dackerman, Inc., in the amount ot $13,760.00, reject other Did and authorize the Mayor to execute the Contract. Award bids ~or computer equipment ~or Traftlc Engineering to Compu-Byte, Inc., (2 items, $7,865.2U), Pyramus, Inc., (7 Items, $4,320.56), Micro-Innovations (4 items, $1,442.66) and Priority One (1 item, $657.20) and reject other bids. Bakersfield, Calltornia, June 22, 198~ - Page 19 Wo Award bid tor tliters ~or Wastewater Treatment Plants to Bracken Associates in the amount ot $11,572.U0. Xo Award bid Kor pre-washed plaster sand tor Parks Department to Kern Rock Co., in the amount oK $9,937.50 and reject the other bid. Award bid tor eleven (ll) bul£etproo£ Jackets tor Police Department to Second Chance Body Armor in the amount o£ $6,233.55 and reject all other bids. Upon a motion by Councilmember Childs, Items a, b, c, d, e, t, g, h, 1, ], k, 1, m, n, o, p, q, r, s, t, u, v, w, x, and y ot the Consent Calendar were adopted by the Kollowlng vote: Ayes: Councilmembers Smith, Childs, Salvagglo Noes: None Abstain: None Absent: Councilmember Peterson DeMond, Ratty, McDermott, ACTION ON BIDS Approval oK Contract No. 88-161 with S.A. Camp Pump Co. drilling, casing and pump testing Laborde Water Well No. L202. Upon a motion by Councilmember Chi£ds, the low bid Krom S.A. Camp Pump Co. in the amount ot $76,414.35 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. Approval ot Contract No. 88-162 with Grlttit~ Co. Kor resurKaclng Garces Circle. Upon a motion by Councilmember Demond, the low bid trom GritKith Company in the amount ot $S5,000.00 tot the Base Bid was accepted, the other Did rejected, and the Mayor authorized to execute the Contract. One Replacement ReKuse Truck Kor Sanitation. Upon a motion by Councilmember Childs, low bid trom Engs Motor Truck Company tot a Peterbilt Truc~ with Rand Load Body in the amount ot $1U2,458.00 was accepted, and all other bids rejected. Bakersfield, California, June 22, 1988 Page 20 Approval o£ Contract No. 88-163 with Stelny & Co. tor trat~ic signal system on Brundage Lane at Mount Vernon Avenue. Upon a motion by Councilmember Childs, the low bid £rom Steiny & Company in the amount ot $125,247.60 was accepted, the other bid rejected, the use ot savings trom completed trattlc signal pro3ects authorized, and tile Mayor authorize to execute the Contract. Approval ot Contract No. 88-164 with Safety Electric tor trattlc signal system on Gostord Road at White Lane. Upon a motion by Councll]nember McDermott, the low bid trom Satety Electric in the amount ot $128,99/.00 was accepted, all other DiGs re3ected, the use ot savings trom completed trat- tic signal projects authorized, and the Mayor authorized to exe- cute the Contract. Approval ot Contract No. 88-165 with Granite Construction tor "H" Street Underpass at the Atchison Topeka and Santa Fe Railroad. Upon a motion by Councilmember DeMond, the low big trom Granite Construction Company in the amount ot $2,586,933.00 was accepted, all other bids rejected, the appropriation ot $1,057,700.00 within the Community Improvement Fund trom partici- pating agencies was approved, and the Mayor authorized to execute the Contract. DEFERRED BUSINESS Adoption ot Ordinance No. 3165 o~ the Council ot the City ot Bakerstield Amending Ward Boundaries. (Ward Nos. l, 4 and Y) This Ordinance was given £~rst reading at the meeting ot June 8, 1988. Upon a motion by Councilmember Salvagglo, Ordinance No. 3165 o£ the Council ot the C~ty o£ Ba~erstleld was adopted by the tollowing vote: Ayes: CounciLmembers Smith, Childs, DeMond, Salvagglo Noes: None Abstain: None Absent: Councilmember Peterson Ratty, McDermott, Bakersfield, Calitornla, June 22, 19B~ - Page 21 Adoption o~ Ordinance No. 3166 ot the Council ot the City ot Ba~erstleld amending Section 5.12.040 G.2. ot the Bakerstield Municipal Code relating to tees tor operation ot bingo games. This Ordinance was given tlrst reading at the meeting ot June 8, 1988. Upon a motion 3166 o£ the Council ot Lollowing vote: by Councilmember Salvagglo, Ordinance No. the City ot Ba~erstleld was adopted by the Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Ratty, Salvaggio None Councilmember CUlldS Councilmember Peterson McDermott, Adoption ot Ordinance No. 3167 ot the Council ot the C~ty ot Bakerstield amending Chapter 5.18 ot the Bakerstield Municipal Code relating to charitable solicitations. This Ordinance was given £irst reading at the meeting ot June ~, 19~8. Upon a motion by Councilmember DeMond, Ordinance No. 316/ ot the Council ot the City o£ BaRerstleld was adopted by the tollowing vote: Ayes: Councilmembers Smith, Childs, Salvagglo Noes: None Abstain: None Absent: Councilmember Peterson DeMond, Ratty, McDermott, NEW BUSINESS First Reading ot an Ordinance ot the Council ot the City ot BaRerstleld amending Section 17.08.175 B. ot the Bakerstleld Municipal Code relating to clear s~ght v~ews. This ordinance amends one portion ot the clear sight view tormula. The present ordlnance uses the term "interior sldewal~ edge trom the street" which has been contusing tot those trying to comply. This amendment more clearly designates which sidewalk edge is to be used when measuring the clear sight view area. Bakerstield, California, June 22, 1988 - Page 22 First Reading o~ an Ordinance o~ the Council o~ the City o~ Bakersfield establishing Sewer User Charges and Fees ~or Fiscal Year 1988-89. A hearing date has been set tor July 6, 1988, preceding adoption ot the Ordinance. Sewer user rates are established annually pursuant to Section 14.12.38U ot the Bakerstleld Municipal Code. Adoption o~ Resolution ot Intention No. 1047 o~ the Council ot the City ot Bakersfield declaring its intention to establish Maintenance District No. 18. (North o~ Panorama, West o~ Fairfax) This resolution sets the date o~ hearing tot July 27, 1988. Upon a motion by Councilmember Smith, Resolution ot Intention No. 104/ o£ the Council ot the City ot Bakerstield was adopted by the tollowing vote: Ayes: Councilmembers Smith, Childs, Salvagglo Noes: None Abstain: None Absent: Councilmember Peterson DeMond, Ratty, McDermott, Adoption o~ Resolution No. 123-88 ot the Council o~ the City ot Bakersfield preliminarlly adopting, contlrmIng and approving Public Works Manager's Report, appointing time and place ~or hearing protests to the proposed district, the boundaries thereo~, the ~airness o~ the benefit ~ormula, the amount o~ assessment to be levied against each parcel and the reservation o~ right to perform work by City ~orces. (Resolution o~ Intention No. 1047, Maintenance District No. 18). Upon 123-88 ot the the toilowing a motion by Councilmember Smith, Resolution No. Council ot the City o~ Ba~erstleld was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Salvagglo None None Councilmember Peterson DeMond, Ratty, McDermott, Bakersfield, Calitornla, June 22, 1988 - Page 23 Adoption ot Resolution No. 124-88 ot the Council ot the City ot Ba~erstield authorizing the Pollce Department to contribute $1,500 to the Kern County Pros for Youth tor the purpose o~ combating the use ot illegal drugs among youth in the City o~ Bakersfield and County o~ Kern. Upon 124-88 o£ the the tollowing a motion by Councilmember McDermott, Resolution No. Council ot the City ot Bakerstleld was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Salvagglo None None Councilmember Peterson DeMond, Ratty, McDermott, Adoption ot Resolution No. 125-88 ot the Council o~ the City ot Bakersfield amending the ot~c~al list ot designated special speed zones, pursuant to Section 10.24.020 o~ the BaKers£ield Municipal Code. (Truxtun Avenue and Wible Road) Upon 125-88 ot the the tollowing a motzon by Councilmember DeMond, Resolution No. Council ot the C~ty o~ Bakerst~eld was adopted by vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, $alvagg~o Noes: None Abstain: None Absent: Councilmember Peterson McDermott, Adoption o~ Resolution No. 126-88 ot the Council ot the C~ty o~ Ba~erstield providing tor the adjustment ot property tax revenues upon local agency jurisdictional change resulting ~rom Annexation No. 319, LAFCO Proceeding No. 967, Panama No. 8. (Ward 1) Upon 126-88 ot the the tollowing a motion by Councilmember ChlldS, Resolution No. Council ot the City ot Bakerstleld was adopted by vote: Ayes: Noes: Abstaln: Absent: Councilmembers Smith, ChlidS, Salvagglo None None Councilmember Peterson DeMond, Ratty, McDermott, Bakerstleld, California, June 22, 1988 - Page 24 Adoption ot Resolution No. 127-88 ot the Council ot the City o~ Ba~erstleld providing ~or the adjustment ot property tax revenues upon local agency jurisdictional change resulting ~rom Annexation No. 320, LAFCO Proceeding No. 969, Oswell No. 7. (Ward l) Upon 127-88 ot the the tollowing a motion by Councilmember Childs, Resolution No. Council ot the City ot Ba~erstleld was adopted by vote: Ayes: Councilmembers Smith, ChiLds, DeMond, Salvagglo Noes: None Abstain: None Absent: Councilmember Peterson Ratty, McDermott, Adoption ot Resolution No. 128-88 ot the Council ot the City ot Bakersfield providing for the collection o~ re~use charges by the County Tax Collector. Upon a motion by Councilmember Childs, Resolution No. 128-88 ot the Council ot the City ok Ba~erstleld was adopted by the tollowing vote: Ayes: Councilmembers Smith, Childs, Salvagglo Noes: None Abstain: None Absent: Councilmember Peterson DeMond, Ratty, McDermott, Adoption o~ Resolution No. 129-88 o~ the Council ot the City ot Ba~erstield making tlndlngs, approving Negatlve Declaration and approving the proposed replacement or widening and repair o~ the Gordon's Ferry Bridge at China Grade Loop. Upon 129-88 of the the £oliowlng a motion by Councilmember Childs, Resolution No. Council ot the City ot BaRerstleld was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, $a [vagglo None None Councilmember Peterson DeMond, Ratty, McDermott, Adoption ot Resolution No. 130-88 ot the Council ot the City ot Bakers£ield amending Exhibit "A" (Estimate ot Cost for Community Improvements tor Ten-Year Period 1985-1995) ot Site Plan Review Policy approved by Resolution No. 21-85, as amended by Resolution No. 122-87, and specltying tee per vehicle tr~p established by that Policy. Bakersfield, California, June 22, 198~ - Page 25 Upon a motion by Councilmember Ratty, Resolution No. 130-88 o£ t~e Council ot the City o~ BaKers£1eld was adopted the ~ollowing vote: by Ayes: Councilmembers Smith, Chi£ds, Salvagglo Noes: None Abstain: None Absent: Councilmember Peterson DeMond, Ratty, McDermott, Adoption o~ Resolution No. 131-88 o~ the Council ot the City o~ Bakersfield approving grant application proposal ~or a second year Drug Abuse Resistance and Education (D.A.R.E.) Grant. (Agreement No. 85-243) Upon a motion by Councilmember DeMond, Resolution No. 131-~ o£ the Council ot the City ot Ba~erstle±d was adopted by the ~ollow~ng vote: Ayes: Councilmembers Smith, Chl£dS, Salvagg~o Noes: None Abstazn: None Absent: Councilmember Peterson DeMond, Ratty, McDermott, Authorization to sell, as surplus, the C~ty-owned property ~nown as the m~xlng yard on Truxtun Avenue, west o~ Empire Drive. Upon a motion by Counczimember Salvagglo, authorization to sell, as surplus, the C~ty-owned property Known as the m~xing yard on Truxtun Avenue, west o£ Empire Drzve, was de~erred until start and the Kern ParKway Committee can meet to discuss why start supports declaring this property surplus. One vacancy on the Planning Commission due to the resignation ot Susan Weaver, term expiring April 17, 1991. Councilmember McDermott made a motion to accept nomina- tions and to close nominations tonight and make the appointment at the July 6, 19~ meeting. Councilmember McDermott nominated Mr. Herman Ruddeii. Councilmember Salvaggio nominated Jim Marzno. Councilmember Ratty nominated Kate Rosenlie~. Councilmember Smith nominated Lee Lense. Councilmember Childs nominated Reverend Ishreal KilnDrill. Councilmember Smith nominated Mary Sawyer. Mayor Payne suggested the nomination o£ Carl Frazer. Bakersfield, California, June 22, 1988 - Page Upon a substitute motion by Councilmember Salvaggio, nomination were closed and nomlnatlons will be voted on in the order received on July 6, 1988. Upon a motion by Councilmember Ratty, the call tor the question was approved. Mayor Payne restated Councilmember Salvaggio's substi- tute motion to close nominations and vote on the nominations in the order they were received. The motion was approved by the tollowing vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Rahty, McDermott, Councilmembers Smith, Childs None Councilmember Peterson Sa±vaggio ADJOURNMENT There being no £urther bus~ness to come before the Council, upon a motion by Councilmember McDermott, the meeting was adjourned at 12:J5 a.m. MAYOR ot the City ot Ba~ers£1e±d, CA ATTEST: CITY CLERK and Ex 0~£1c~o Clerk o£ the Council ot the Clty o£ BaRerstie£d, Cal~tornla bz