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HomeMy WebLinkAbout05/20/1987 MINUTES CCBakersfield, California, May 20, 1987 Minutes of the Special Meeting of the Council of the City of Bakersfield for the purpose of a Workshop held in the South Annex Building Basement Conference Room at 5:15 p.m., May 20, 1987. The meeting was called to order by Mayor Payne. Present: Councilmembers Childs, Christensen, Ratty, Moore, Dickerson, Salvaggio Absent: Councilmember Smith CITY/COUNTY DEVELOPMENT STANDARDS Public Works Manager Hawley described the differences between the standards for improvements in the City and those in the County. DISCLOSURE OF PUBLIC RECORDS City Attorney Oberholzer closed by public entities, when it enforcement procedure. described what is to be dis- is to be disclosed and the ADJOURNMENT There being no further business Council, upon a motion by Mayor Payne, the at 5:52 p.m. to come before the meeting was adjourned ATTEST: MAYOR of the City of Ba'~ersfield, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California df Bakersfield, California, May 20, 1987 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., May 20, 1987. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Steve Kaay of the First Assembly o/' God Church. Present: Absent: The City Clerk called the roll as follows: Mayor Payne. Councilmembers Childs, Christensen, Ratty, Moore, Dickerson, Salvaggio Councilmember Smith MINUTES Councilmember Childs made a motion to delete paragraph nine, with proper notation, from Page Seven of the Minutes of the Special Redevelopment Agency Meeting of April 22, 1987. The motion ended with a tie vote as follows: Ayes: Noes: Absent: Councilmembers Childs, Ratty, Dickerson Councilmembers Christensen, Moore, Salvaggio Councilmember Smith Mayor Payne stated he would break the tie. Upon a request recessed the meeting at p.m. by Councilmember Dickerson, Mayor Payne 8:10 p.m. The meeting reconvened at 8:12 Upon counsel from City Attorney Oberholzer, Mayor Payne stated that since the April 22, 1987, minutes are Redevelopment Agency minutes, and he is not a member o/' the Redevelopment Agency; and Councilmember Ratty cannot vote on Redevelopment Agency issues due to a conflict of interest; therefore, the vote on Councilmem- ber Child's motion to delete a paragraph from the Redevelopment Agency Minutes of April 22, 1987, was inappropriate. Upon a motion by Councilmember Christensen, the vote on Councilmember Child's motion was reconsidered. Upon a motion by Councilmember Childs, paragraph nine from Page Seven of the Minutes of the Special Redevelopment Agency Meeting of April 22, 1987, was deleted, with proper notation by the following vote: ' Ayes: Noes: Abstain: Absent: Councilmembers Childs, Christensen, Councilmembers Moore, Salvaggio Councilmember Rally Councilmember Smith Dickerson Mayor Payne called /'or a motion to approve the Minutes of the Special Redevelopment Agency Meeting of April 22, 1987, with the deletion, Addendum No. 1 to the Minutes of the Regular Council Meeting of March 25, 1987, and Minutes of the Special Council Meeting of April 30, 1987. City Attorney Oberholzer stated he understood that Councilmember Childs' motion included approval of all minutes the deletion and appropriate notation. with Hearing no challenge to Attorney Oberholzer's statement, Mayor Payne stated that the Chair would accept that all minutes have been approved. 00 , Bakersfield, California, May 20, 1987 Page 2 PRESENTATION Mayor Payne read a proclamation declaring May 17-23, 1987, National Public Works Week in the City of Bakersfield. Robert H. Scheller, of Hydro-Conduit Corporation, past President of the Central California Chapter of the American Public Works Association, presented an Award of Merit from the American Public Works Association to Michael Shopshire. PUBLIC STATEMENTS Fred Scheibel, 200 Beech Street, the Golden Empire Suns Youth Band, gave a ties of the Band. Executive Director of brief update on activi- Peggy Forther, 4509 Gorbett Lane, Chairperson of the Gorbett Lane and Carvalho Court Homeowners Association, spoke re- garding street construction and soil compaction problems on Got- bert Lane, requesting that when the work is completed, rather than having the work routinely accepted, the issue be brought before City Council with notice to the homeowners; a written statement be issued from the Public Works Department that the work has been done properly, completely, and is in compliance; and that the City Council make a motion at this time to have this problem handled in this manner. Upon a motion by Councilmember Ratty, the Urban Develop- ment Committee will meet with Public Works Manager Hawley, City Manager Caravalho and Mrs. Fortner to deal with the Gorbett Lane problems. He further asked the property owners to prepare a list of issues to be discussed. Donald Kurtz, 7405 Cibola Drive, expressed concern re- garding the way the Board of Zoning Adjustment conducts their meetings; methods used by the City Planning Department for notic- ing neighborhoods of construction projects; and the Board of Zoning Adjustment decision on granting a Conditional Use Permit for a remote control model car raceway at 7401 White Lane. Mr. Kurtz presented a petition in opposition to the proposed model car project signed by eighty-two residents of the surrounding area and requested that the City Council overturn the Board of Zoning Ad- justment decision to allow for more study on the project. Mr. Kurtz stated for the record that Architect Milazzo is also Chairman of the Planning Commission and deals with the Board of Zoning Adjustment regularly, which he feels makes for a tainted decision when Public Works Manager Hawley, Building Di- rector Bidwell and City Attorney Oberholzer immediately vote his project in. Councilmember Ratty advised Mr. Kurtz to file an appeal to theBoard of Zoning Adjust.'WL~ decision to grant a Conditional Use Permit for a remote control model car raceway at 7401 White Lane. In response to Councilmember Childs' request, for the record, City Attorney Oberholzer stated the $105.00 fee for appealing a decision of the Board of Zoning Adjustment cannot be waived. Sunny Scofield, P.O. Box 60344, spoke on behalf of the Volunteer Center, Salvation Army, Kern County Library Adult Liter- acy Program, and several other non-profit organizations, request- ing the Council waive fees for use of the Civic Auditorium on June 4, 1987. Bakersfield, California, May 20, 1987 - Page 3 Councilmember Childs made a motion to refer the issue of waiving fees for Salvation Army's use of the Civic Auditorium to the Auditorium and Community Service Committee. Upon Councilmember Christensen's substitute motion, the issue of waiving fees for Salvation Army's use of the Civic Audi- torium was referred to the Budget and Finance Committee. Tom Carey, Founder and Director of The Winner's Circle, 802 Knotts Street, spoke regarding the rejection of his request for a business license for 24th and Oak Streets. Upon a motion by Councilmember Childs, the issue of a business license for Mr. Carey was referred to the Urban Develop- ment Committee, and the Committee was directed to set a meeting for May 26 or 27, 1987. Doug Kurtz, 7017 School House Road, spoke regarding the problems of drinking, drugs, automobile traffic, dogs running loose, hard ball games, overhead lights left on and excessive noise in the park near his property. Police Chief Price spoke about the recent initiation of a "Park Watch" program. Councilmember Moore suggested Crime Prevention Officer Bahnsen contact Mr. Kurtz. Councilmember Dickerson suggested a Workshop for the Park Watch Program and the Kern River Off-Road Vehicle Ordinance. Mayor Payne recessed the meeting at 8:29 p.m. The meet- ing reconvened at 8:40 p.m. REPORTS Councilmember Moore read Budget and Finance Committee Report No. 14-87 regarding Request for Insurance Coverage for Kern Farmers' Market Association as follows: On April 22, 1987, a request was received from Char]es Drew representing the Kern Farmers' Market Association regarding insurance coverage required by the City. This item was referred to the Budget and Finance Committee for review. The City annually requires the Kern Farmers' Market Association to provide liability insurance with limits of $1,000,000.00 to cover their seasonal operation. This insurance requirement, according to the Kern Farmers' Market Association, has become difficult to obtain and very expensive. As the Kern Farmers' Market Association is unable to finance the cost of this insurance, they have asked the City to assist them in the purchase. The City can purchase the necessary insurance at a price lower than that available to the Kern Farm- ers' Market Association. If the City buys this in- surance, the Kern Farmers' Market Association would reimburse the City over the selling season. The Committee has met with Scott Manzer, City Risk Manager, who indicated that this arrangement would provide the most cost effective insurance while providing for the timely beginning of the Kern Farmers' Market operation this summer. Bakersfield, California, May 20, 1987 - Page 4 Thus, in order to ensure the continued operation of the Kern Farmers' Market, this Committee recommends that the City Council authorize the Mayor to exe- cute the agreement for the operation of the Farmers' Market and authorize the purchase of general lia- bility insurance for the Kern Farmers' Market Asso- ciation and recovery of all costs associated with such coverage. We recommend the acceptance and approval of this report and its implementation. Upon a motion by Councilmember Moore, Budget and Finance Committee Report No. 14-87 was accepted and implementations recom- mended, authorizing the Mayor to execute the agreement for the operation of the Farmers' Market and authorizing the purchase of general liability insurance for the Kern Farmers' Market Associa- tion and recovery of all costs associated with such coverage. Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 15-87 re- garding Community Development Block Grant Budget and Application Fiscal Year 1987/88 as follows: Community Development is entitled to receive $1,213,000.00 in block grant funds for fiscal year 87/88. In addition, $91,105.00 in prior years' program income is available for expenditures in the upcoming program year. Therefore, the total amount available for fiscal year 87/88 is $1,304,105.00. The new entitlement is slightly above the current entitlement by .33% or $4,000.00. The increase is not significant and basically represents a funding level comparable to the current year. A summary of the proposed budget was delivered to the Council on May 6, 1987, and presented to this committee on Wednesday, May 13, 1987. The summary identified major expenditures for housing, neigh- borhood revitalization and capital improvements, as well as other personnel and operating costs. These expenditures represent ongoing and new commmitments to projects in the Baker Street and Lakeview Avenue areas. Community Development received two outside requests for funding. The proposals were from the Boys' Club of Bakersfield and Aunt Cherie's Home. The Boys' Club of Bakersfield requested $400,000.00 to restore and rehabilitate their former church building, rehabilitate the adjoining classroom buildings and acquire the two adjoining lots to the east. Aunt Cherie's Home is asking for $150.000.00 for acquisition and $10,000.00 for rehabilitation. They want to acquire the building that they have been operating from since 1984. These proposals can not be recommended for funding at this time due to commitments to projects in the Baker Street area, housing rehabilitation programs and other neighborhood revitalization efforts. Therefore, it is recommended that the proposed budget be approved and that staff be authorized submit the CDBG Application to HUD for funding. to Upon a motion by Councilmember Childs, Budget and Fi- nance Committee Report No. 15-87 was accepted and recommendations implemented. Bakersfie]d, California, May 20, 1987 Page 5 Correspondence from Brown, Waits and Armstrong, dated May 20, 1987, was received regarding selection of an audit firm. Councilmember Moore read Budget and Finance Committee Report No. 16-87 regarding selection of firm to conduct Annual Audit as follows: Recently the City Council submitted to this Committee the appointment of a Certified Public Accountant for the examination of records as speci- fied in Section 41 of the City Charter. This Com- mittee reviewed the selection process as recommended by staff. Subsequently, staff contacted local SPA firms and the "Big Eight" international accounting firms to inquire of their interest in submitting proposals to perform the annual audit of the accounting records of the City. Inquiries were sent to ninety-five (95) firms with eighteen expressing an interest in the City audit. Requests for proposals (RFP) were sent to the interested audit firms and approximately six weeks were given to the firms to submit proposals. Seven (7) firms submitted proposals which were reviewed and analyzed by the Finance Department. A summary of their analysis and recommendation along with the proposals were presented to this Committee. The firm of Price Waterhouse has performed the annual audit [or the past three years. It was pointed out by staff, and we concur, that Price Waterhouse has performed the annual audit in a very satisfactory [nanner. We believe their services to be of the highest professional standards. However, consistent with the City Council's prior practice of rotating the annual audit among auditing firms every two to three years, we considered the pro- posal submitted by Peat Marwick to be the most acceptable. The total maximum fees for their ser- vices are not to exceed $35,200.00. Therefore, this Committee recommends the City Council accept the proposal from Peat Marwick and authorize the Mayor to execute the appropriate agreement. We further recommend the other audit firms expressing interest in performing the City's annual audit be notified of the Counci]'s action. Upon a motion by Councilmember Moore, Budget and Finance Committee Report No. 16-87 was accepted. Councilmember Moore made a motion to implement the recom- mendations of Budget and Finance Co~nmittee Report No. 16-87. Upon a motion by Councilmember Salvaggio, Butt Armstrong of Brown, Waits and Armstrong, was allowed to speak regarding his firm's qualifications for conducting the annual audit for the City of Bakersfield. Upon a motion by Councilmember Childs, selection of a firm to conduct the annual audit was referred back to the Budget and Finance Committee for all parties involved to meet with the committee on either May 26 or 27, 1987. Bakersfield, California, May 20, 1987 - Page 6 Councilmember Childs, Chairman of Committee, read Budget and Finance Committee garding payment of vendors as follows: the Budget and Finance Report No. 17-87 re- For many years the City has followed a policy that releases payments to vendors only on the tenth and the twenty~fifth of each month provided the war- rants have been approved by the City Council. The City Council has routinely authorized payment under the Consent Calendar. In the current economic and financial environment, this policy has become outdated due to the length of time it takes the City to pay its bills. For example, once a City department received an in- voice, it could be as long as eight weeks before payment is actually sent out by the Finance Divi- sion. In today's business environment, the timely payment of bills is expected within thirty days to avoid finance charges or to take advantage of payment discounts. A new policy allowing for releasing checks on a weekly basis would allow the City to fit into this time frame. This policy would fur- ther enable the City to utilize smaller vendors who are put at a disadvantage with our present policy and help reduce the "Red Tape" associated with government. Section 40 of the Charter of the City of Bakers- field allows the City Council to authorize the Fi- nance Director to make payments due for services, equipment, and supplies received. This new policy is consistent with this Charter section. This Committee recognizes that the City of Bakers- field is a corporate entity with a budget of ap- proximately $145,000,000.00 which provides services to over 150,000 citizens. As such, we have pro- vided through our Chief Executive, the City Manager, and his staff the appropriate internal controls to safeguard the public funds in our trust and provide for annual audits of all fiscal transactions. In addition, the City Charter requires controls on expenditures through detailed budgeting, bidding, and purchasing procedures. Thus internal and external checks and balances would not be compro- mised with this change. In addition, the Council, and specifically this Committee, would continue its review of payments made by the City. Therefore, this Committee recommends the City Council execute the attached resolution authorizing the Finance Director to make payments for services, equipment, and supplies received. Upon a motion Finance Committee Report tions implemented. by Councilmember Childs, Budget and No. 17-87 was accepted and recommenda- Bakersfield, California, May 20, 1987 Page 7 Adoption of Resolution No. 83-87 of the Council of the City of Bakersfield auth- orizing the Finance Director to make pay- ments for services, equipment and supplies received. Upon a motion by Councilmember Childs, Resolution No. 83-87 of the Council of the City of Bakersfield was adopted by following vote: the Ayes: Noes: Absent: Councilmembers None Councilmember Childs, Christensen, Dickerson, Sa]vaggio Smith Ratty, Moore, City Manager Caravalho read City Manager's Report No. 4-87 regarding length of City Council meetings as follows: At the City Council meeting of April 22, 1987, City Council business was ended at 2:30 a.m. This meet- ing included not only General Plan Amendments but a controversial hearing which expanded the time need- ed to conduct City business beyond a reasonable time. The City Council reviews General Plan Amendments four times a year. These are normally lengthy in nature. Public hearings on a single controversial issue can take up to eighty minutes. Both General Plan Amendments and public hearings are essential to our process of citizen input into our local governments. In order to avoid long Council meetings which dis- rupt the smooth functioning of the City Council and staff, I would like to hold Genera] Plan Amendment hearings on Wednesdays which the Council is not regularly scheduled to meet. In addition, it may be feasible to have public hearings of a controver- sial nature scheduled on these off-Wednesdays. Upon a motion by Councilmember Moore, City Manager Report No. 4-87 was accepted and recommendations implemented with flexibility to allow hearings to be scheduled for regular Council meetings as the agenda permits. Councilmember Moore read Intergovernmental Relations Committee Report No. 1-87 regarding Joint City/County Fair Hous- ing Program as follows: On May 13, 1986, the City and County executed a Memorandum of Understanding that funded a Metropo- litan Fair Housing Program. The program was placed under the directorship of the County Department of Weights and Measures. As they worked through the start up phase of the program, a need arose to amend the Memorandum of Understanding. The first amendment will transfer funds from the capital budget to the operating budget to cover increased costs due to unbudgeted wage increases. This action will not affect the total budget. Bakersfield, California, May 20, 1987 Page 8 A second amendment is being proposed to extend the existing date of the original Memorandum of Under- standing to October 30, 1987. Any new agreements would expire on October 30 of subsequent years. This wil! prevent the obligation of HUD funds under a contract prior to receiving a letter of credit indicating approval of funding for the new program year. Our existing agreement expires June 30, 1987. The Department of Weights and Measures is proposing a budget of $92,899.00 for fiscal year 87/88. Action needs to be taken to approve the new budget and funding of the Fair Housing Program for an addi- tional year. The City's share would amount to approximately $37,000.00 The total budgeted amount is comparable to the current budget which is $99,197.00. The committee is in agreement with the recommended amendments and the funding of the Fair Housing Program for an additiona! year. Therefore, it is recommended that the requested amendments and funding for the Fair Housing Program be approved and the Mayor be authorized to execute the required documents. It was noted by staff that the incorrect signature lines on Intergovernmental Report No. 1-87 were a clerical error. Upon a motion by Councilmember Moore, Intergovernmental Relations Committee Report No. 1-87 was accepted and recommenda- tions implemented. Councilmember Moore, Chairman of the Water Resources Committee, read Water Resources Committee Report No. 1-87 regard- ing an agreement with John Carollo Engineers for design of pro- posed expansion of Wastewater Treatment Plant No. 3 as follows: On December 17, 1986, the Council received a re- quest for review and recommendation of a proposal for expansion of Wastewater Treatment Plant No. 3 and an agreement with Carnation Company for payment of their sewer connection fee. This request was referred to Council Committee. A Committee report was submitted to the Counci! on February 4, 1987, regarding the proposed project which included an agreement with Carnation Company. This Committee also met with staff on May 4, 1987, to review the proposed expansion plans and for con- sideration of an engineering services agreement with John Carollo Engineers for design of the pro- posed expansion. Present flow at Wastewater Treatment Plant No. 3 averages 6.8 MGD (million gallons per day). Pre- sent capacity of the plant is 8 MGD. With the pre- sent growth in the Plant 3 service area and con- nection of the Carnation Plant to the City's sewage facilities, the capacity of Plant 3 will have to be increased in ]988. Bakersfield, California, May 20, 1987 Page 9 The expansion plan will add an additional 4 MGD to the existing capacity. Cost of the project is $7,200,000. The engineering design fee is a maxi- mum of $442,000.00 which is below the average fee for work ot this complexity. Financing of the expansion will be through sale ot bonds. Debt ser- vice tor the bonds will be paid through sewer con- nection tees. The Committee has considered the proposed expansion plan for Wastewater Treatment Plant No. 3 and the qualifications of the firm ot John Carollo Engi- neers and recommends that the City Council approve the proposed expansion, enter into an Engineering Services Agreement with John Caro]lo Engineers for design of the project and authorize the Mayor to execute the Agreement. Upon a motion by Councilmember Moore, Water Resources Committee Report No. 1-87 was accepted and recommendations imple- mented. Councilmember Moore, Chairman of the Water Resources Committee, read Water Resources Committee Report No. 2-87 regard- ing an update on Rio Vista and Kern River Parkway as follows: As a result of the tremendous public interest tocused on the Kern River Corridor in recent years, numerous requests have been received from organiza- tions, special interest groups and citizens con- cerned about the tuture o[ the Kern River in urban Bakersfield. Because of the widespread interest, this Committee feels the time has come to implement a community-supported specific plan that will pro- tect and enhance the Kern River for generations to come. During the past year the City's primary tocus on the Kern River Corridor has been with the Rio Vista concept plan and with the proposal for the Sand Creek Golt Course site. Rather than continue this "project by project" approach, our committee re- quests Council support in expanding the Rio Vista conceptual plan to include the Kern River Corridor between Manor Street and Stockdale Highway Bridge. Priorities for use of the Kern River floodplains have evolved over many years. Most recently, the Kern River Water and Land Use Policy Study (1981), the Kern River Plan (1985), the Kern River Channel Maintenance Program E.I.R. (1985), and the Sand Creek Go]t Course E.I.R. (1986) have all contribu- ted to the reinforcement of the following basic policies: 1) FLOOD CONTROL, to provide for public safety and protection of property; 2) WATER CONSERVATION, to provide water for pre- sent and future citizens and maintain a viable agricultural resource; 3) PROTECTION AND ENHANCEMENT OF KERN RIVER CORRI- DOR, to maintain and protect open spaces unique to the river and to provide public access and parkway areas, including passive recreational areas where feasible. Bakersfield, California, May 20, 1987 - Page 10 Within the framework of these policies, the plan would combine the "Rio Vista" and "Kern River Parkway" areas which are generally bounded by Manor Street on the east, Stockdale Highway Bridge on the west, and Cross Valley Canal/River Levee on the north, and the Truxtun Extension/River Levee on the south. These are existing physical features that presently surround the study area and encompass approximately 1,200 acres. With the above information and direction, City staff has been meeting with numerous community groups and public agencies in order to put together a "consensus" plan for the long-range protection and enhancement of the Kern River Corridor. The conceptual plan, while still in the early formation stages, is the next major step required to imple- ment the Kern River Plan Element. This progress report is provided for Council appro- val and to direct staff to proceed in gathering additional community input in the formulation of this conceptual plan. City Manager Caravalho and Acting Community Service Manager Bogart gave a brief presentation and update on the Rio Vista and Kern River Parkway, using conceptual maps. Upon a motion by Councilmember Moore, Water Resources Report No. 2-87 was accepted and recommendations implemented. Upon a motion by Councilmember Childs, Airpark Advisory Committee's Proposal was moved Agenda from Council Statements. the Bakersfield forward on the Upon a request from Councilmember Christensen, Mayor Payne recessed the meeting at 9:43 p.m. The meeting reconvened at 9:50 p.m. COUNCIL STATEMENTS Bakersfield Airpark Advisory Committee Councilmember Childs made a motion to accept recommenda- tions of staff regarding the Bakersfield Airpark Advisory Committee as follows: With the drafting of the Rules and Regulations for the Airpark completed and approved sometime ago, the establishment of an Airpark Advisory Committee appears to be not only appropriate but timely as well. Preliminary discussions for such a committee were initiated several months ago with the intention of establishing a mechanism whereby the community, airport operators and tenants can jointly assist in making recommendations to staff and City Council regarding airport policy affecting the community. The following is a summary of these preliminary discussions. Management decisions and day-to-day operations will remain the city's responsibility. However, BAAC should be allowed to make recommendations pertain- ing to the development of the Airpark. Bakersfield, California, May 20, 1987 - Page 11 tions of mittee's We are recommending the advisory committee should be established by separate resolution by Council and membership to the BAAC must be ratified. It is recommended that membership make-up be as follows: one member/one vote. 1. Community-at-large - J. J. Gianquinto (2) 2. Business Community - James"Curly"Barton (2) 3. Pilot-Tenant Community - Fletch Wa~goner (4) 4. K. L. Aviation - Bill Lewis (4) 5. Valley Propeller - Cliff Johnson (4) 6. C & B Flying - Bobby Baker (4) 7. Residential Community - Oscar Anthony (2) Staff support will be provided by the Airpark Oper- ations Manager and other staff as required. We are recommending a chairman be selected from within the BAACo Term shall not exceed one year. Multiple terms will be permitted. Candidates are being recommended for appointment by the City Council and three appointees shall ini- tially serve for a period of four years and four will serve two years respectively to provide con- tinuity. Thereafter, Committee shall serve for two years. We suggest that the committee meet on a monthly basis during the drafting of the Airpark Master Plan and every other month thereafter, in case of emergency issues. Day-to-day issues should be exempt from the Advisory Committee roll. It will be the committee's responsibility to recom- mend criteria and development priorities. These criteria could focus on safety and policy issues. In addition, the BAAC can provide valuable input as a community liaison and clearinghouse for informa- tion. Public hearings could be chaired by members of the BAAC and as an advisory group; it could me- diate disputes as well as increase public aware- ness regarding airports with residential communi- ties. It is the staff recommendation adopt the above recommendations as a standing committee. that the Council and establish BAAC Councilmember Childs' motion to accept the recommenda- staff regarding the Bakersfield Airpark Advisory Com- Proposal was approved. (Council Statemen~ are continued on Page 19.) CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 7970 to 8428 inclusive, in the amount of $2,950,353.40. 1. Communication from State of California, Depart- ment of Water Resources, 1416 Ninth Street, Sac- ramento, dated May 4, 1987, regarding required revision to the floodplain management ordinance. (RECEIVE AND REFER TO WATER RESOURCES COMMITTEE) Bakersfield, Califorinia, May 20, 1987 - Page 12 Communication from L. Dale Mills, Kern County Public Works Department, 1600 Norris Road, dated May 5, 1987, requesting Council expedite the County's request to vacate 16th Street between "M" and "N" Streets; vacate "M" Street between Truxtun Avenue and the railroad tracks; and vacate the east west alley between "M" and "N" Streets. (RECEIVE AND REFER TO STAFF.) 3. Communication from Anthony Cueto, III, 124 - 18th Street, dated April 17, 1987, submitting his res- ignation from the Historic Preservation Commission. (RECEIVE AND PLACE ON FILE) Claim for Damages and Personal Injuries from the following: Eva Marie McBride, 4443 Columbus Street; Richard Edwards, P.O. Box 441, Chino; Lloyd Higgins, 824 Roberts Lane, No. 4 Lisa Driver, 619 Huskey, No. A; Tom Church Driver, Sr., 325 Sycamore Drive; Curtis and Sonijia Dawson, 1121 10th Street; TWS Industries for Diane Chambers, 5441 Aldrint Court, No. A; James Edward Wooster, Jr., 16026 Palm Avenue; Joe George aka Joe Hester and Faye Hester, 3113 Edmonton Street, No. A; H.C. Langston, 1614 Clarendon Street; and Byron J. McKaig, Route 1, Box 170A, Lake Isabella. (REFER TO CITY ATTORNEY) Final Map and Improvement Agreement for Tract 4840 Unit "A" for 24 lots on 7.96 acres located east of Fairfax Road and south of State Route 178 (Bakersfield Country Club Development, Ltd.). Notices of Completion and Acceptance of Work for the following projects: 1. Drilling, casing and pump testing 2800 Acre Interface Water Well No. 1, Contract No. 87-66, completed on May 7, 1987. 2. Construction of Storm Drain on Anita Lane from Ming Avenue to 490 feet north, Contract No. 87-19, completed on May 4, 1987. 3. Traffic Signal Systems at Ming Avenue and South Real Road; Ming Avenue and Stine; New Stine and Wilson, Contract No. 86-237, completed on April 30, 1987. 4. Traffic Signal System at Belie Terrace at New Stine Road, Contract No. 87-10, completed on May 13, 1987. Bakersfield, California, May 20, 1987 - Page 13 Parcel Map No. 6170 located near the southwest corner of White Lane and Ashe Road, Contract No. 82-195, completed on May 13, 1987. Parcel Map No. 7007 located near the intersec- tion of Discovery Drive and Marella Way, Con- tract No. 83-131, completed on May 13, 1987. Parcel Map No. 6847 located near the northwest corner of Pin Oak Park Boulevard and District Boulevard, Contract No. 84-2, completed on May 13, 1987. Parcel Map No. 7053 located near the southeast corner of Chaney Lane and Carvalho Street, Con- tract No. 84-3, completed on May 13, 1987. Parcel Map No. 7109 corner of Stockdale Contract No. 84-30, located near the northwest Highway and Coffee Road, completed on May 13, 1987· 10 Parcel Map No. 6132 located near the southwest corner of Manning Street and Ming Avenue, Con- tract No. 84-20, completed on May 13, 1987. 11 Parcel Map No. 7059 located near the southwest corner of Camino Media and Gosford Road, Con- tract No. 84-78, completed on May 13, 1987. 12 Parcel Map No. 6846 corner of Hemingway Contract No. 84-110, located near the southeast Place and Park View Drive, completed on May 13, 1987. 13 Parcel Map No. 7333 located near the southwest corner of Gosford Road and South Laurelglen, Contract No. 85-20, completed on May 13, 1987. 14 Emergency Power to City Radio Facility, Contract No. 86-83, completed on May 13, 1987. Approval of plans and specifications for Slant Mi- gration Wells for Methane Gas Project at the City Landfill. Approval of plans and specifications for relocation of existing 60' radio tower from 790 East Brundage to 127 West Brundage, and to add new 20' section on one existing radio tower at the Truxtun Avenue/Eye Street Site. Upon a motion by Councilmember Childs, e, f and g of the Consent Calendar were adopted vote: Items a, b, c, d, by the following Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Smith Ratty, Moore, ACTION ON BIDS Upon a motion by Councilmember Salvaggio, low bid from Beaver Construction in the amount of $788,992.50, for Sanitary Sewer System - Assessment District 86-5 (Real, Akers, Harris & Fairview) was accepted, all other bids rejected and the Mayor authorized to execute the Contract. Bakersfie]d, California, May 20, 1987 Page 14 Upon a motion by Councilmember Moore, low bid from Gra- nite Construction Company in the amount of $138,734.00 for the Base Bid and Alternate "A", resurfacing of Auburn Street between La Costa Street and Fairfax Road and the Construction of Improve- ments along Auburn Street and Eissler Street, was accepted, all other bids rejected, and the Mayor authorized to execute the Con- tract. Upon a motion by Councilmember Christensen, low bid from Granite Construction Company in the amount of $113,122.00, for re- surfacing 17th Street from "Q" Street to "L" Street and "L" Street from California Avenue to Truxtun Avenue, was accepted, all other bids rejected and the Mayor authorized to execute the Contract. Upon a motion by Councilmember Sa]vaggio, low bid for the Base Bid, Alternate "A" and Alternate "B" from Griffith Com- pany in the amount of $111,938.00, for widening and resurfacing of Panama Lane from South "H" Street to Monitor Street, was accept- ed, all other bids rejected, and the Mayor authorized to execute the Contract. Upon a motion by Councilmember Salvaggio, low bid from Brown and Fowler in the amount of $49,120.00, for construction of Planz Park Drainage Basin Pump Station, was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. Upon a motion by Councilmember Dickerson, low bid from Griffith Company in the amount of $47,770.00, for construction on Parker Avenue from Oriole Street to Akers Road, was accepted, all other bids rejected and the Mayor authorized to execute the Con- tract. Upon a motion by Councilmember Dickerson, low bid from Granite Construction Company in the amount of $38,915.00, for re- surfacing Grissom Street between White Lane and Planz Road, was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. Upon a motion by Councilmember Salvaggio, low bid from Griffith Company in the amount of $34,717.00 for the Base Bid and Alternate "A", for construction of Street Improvements on the northwest corner of Fairview Road and South "H" Street, was accepted, all other bids rejected, the use of savings authorized, and the Mayor authorized to execute the Contract. Upon a motion by Councilmember Moore, jected for construction of the Burke Way Storm was directed to re-evaluate the project. all bids were re- Drain, and staff Upon a motion by Councilmember Childs, low bid in the amount of $55,913.41 from Motor City Sales and Service, for a truck with boom crane for sewer maintenance and Genera] Services (Replacement), was accepted and all other bids rejected. Adoption of Resolution No. 84-87 of the Council of the City of Bakersfield deter- mining that certain computer equipment can be reasonably obtained from only one vendor and authorizing the Finance Direc- tor to dispense with bidding. Upon a motion by Councilmember Childs, Resolution No. 84-87 of the Council of the City of Bakersfield was adopted by following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Smith Ratty, Moore, the Bakersfield, California, May 20, 1987 - Page 15 DEFERRED BUSINESS Adoption of Ordinance No. 3099 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Berkshire No. 1 Annexation. This Ordinance was given first reading at the meeti,ng of May 6, 1987. Upon a motion by Councilmember SaIvaggio, Ordinance 3099 New Series of the Council of the City of Bakersfield was adopted by the following vote: NO. Ayes: Councilmembers Childs, Christensen, Dickerson, Sa]vaggio Noes: None Absent: Councilmember Smith Ratty, Moore, Adoption of Ordinance No. 3100 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding pre- zoning of property known as Olive Drive No. 1 Annexation. This Ordinance was given first reading at the meeting of May 6, 1987. Upon a motion by Councilmember Ratty, Ordinance No. 3100 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Counci Noes: None Absent: Counci lmembers Childs, Christensen, Dickerson, Sa]vaggio lmember Smith Ratty, Moore, Adoption of Ordinance No. 3101 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the southeast corner of Panama Lane and South "H" Street from R-1 (One Family Dwelling) Zone to a C-1 (Limited Commercial) Zone and from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple-Family Dwel- ling) Zone. This Ordinance was given first reading at the meeting of May 6, 1987. Upon a motion by Councilmember Salvaggio, Ordinance No. 3101 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: Councilmember Smith Ratty, Moore, Bakersfield, California, May 20, 1987 Page 16 Adoption of Ordinance No. 3102 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the east 1/2 of the half blocks on both the north and south sides of Monterey Street between King Street and Beale Avenue from an R-4 (Multiple Family Dwelling) Zone to a C-1 (Limited Commercial) or more re- strictive Zone. This Ordinance was given first reading at the meeting of May 6, 1987. Upon a motion by Councilmember Childs, Ordinance No. 3102 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: Councilmember Smith Ratty, Moore, Adoption of Ordinance No. 3103 New Series of the Council of the City of Bakersfield adding Section 2.24.023 to the Bakersfield Municipal Code relating to the approval of sale or lease of property. This Ordinance was given first reading at the meeting of May 6, 1987. Upon a motion by Councilmember Salvaggio, Ordinance No. 3103 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: Councilmember Smith Ratty, Moore, Agreement with the County of Kern for continuation of the Adult Diversion Pro- gram, a cooperative effort between the Kern County Probation Department and the Bakersfield Police Department. Upon a motion by Councilmember Christensen, the Agree- ment with the County of Kern for continuation of the Adult Diver- sion Program was approved and the Mayor was authorized to execute the Agreement. NEW BUSINESS Adoption of Resolution No. 85-87 of the Council of the City of Bakersfield in re- gard to a request by the Local Agency Formation Commission to take legislative action determining not to provide services proposed at this time in Annexation No. 5 to County Service Area No. 17 (Tract 4984). Bakersfield, California, May 20, 1987 - Page 17 Upon a motion 85-87 of the Council of following vote: by Councilmember Moore, Resolution No. the City of Bakersfield was adopted by the Ayes: Counci Noes: None Absent: Counci 1members Childs, Christensen, Dickerson, Salvaggio lmember Smith Ratty, Moore, Adoption of Resolution No. 86-87 of the Council of the City of Bakersfield approv- ing the grant application proposal for Crime Resistance Program from the Office of Criminal Justice Planning. Upon a motion No. 86-87 of the Council the following vote: by Councilmember Christensen, Resolution of the City of Bakersfield was adopted by Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Smith Ratty, Moore, Adoption of Resolution No. 87-87 of the Council of the City of Bakersfield fixing the Dates of Meetings of the Council for Budget Hearings during the Month of June, 1987. Upon a motion by Councilmember Ratty, Resolution No. 87-87 of the Council of the City of Bakersfield was adopted by following vote: the Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: Councilmember Smith Ratty, Moore, Adoption of Resolution No. 88-87 of the Council of the City of Bakersfield sup- porting nomination of David Milazzo for Distinguished Leadership Award of the California Chapter of the American Plan- ning Association. Upon a motion by Councilmember Christensen, Resolution No. 88-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: Councilmember Smith Ratty, Moore, Adoption of Resolution of Application No. 89-87 of the Council of the City of Bak- ersfield proposing proceedings for annex- ation of territory to the City of Bakers- field identified as Annexation No. 313 (Berkshire No. 1 Annexation). Upon a motion by Councilmember Childs, Resolution of Application No. 89-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Smith Ratty, Moore, Bakersfield, California, May 20, 1987 - Page 18 Adoption of Resolution of Application No. 90-87 of the Council of the City of Bak- ersfield proposing proceedings for annex- ation of territory to the City of Bakers- field identified as Annexation No. 314 (Olive Dr. No. 1 Annexation). Upon a motion by Councilmember Ratty, Resolution of Ap- plication No. 90-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Smith Ratty, Moore, Approval of Agreement with Twining Labor- atories, Inc., for preparing an environ- mental assessment or six underground tank sites in the amount or $9,400.00. Upon a motion by Councilmember Salvaggio, an Agreement with Twining Laboratories, Inc., was approved, the use of funds from the Revenue Sharing Fund authorized, and the Mayor authorized to execute the Agreement. Approval of Agreement with Ultrasystems, Inc., to complete an Oil and Gas Code for the City of Bakersfield (Amendment to Agreement No. 86-33). Upon a motion by Councilmember Ratty, an Agreement with Ultrasystems, Inc., was approved and the Mayor authorized to exe- cute the Agreement. Downtown Improvement District Budget for Fiscal Year 1987-88. Upon a motion by Councilmember Childs, the Downtown Im- provement District Budget for Fiscal Year 1987-88 was referred to the Budget and Finance Committee. Removal of Air Conditioning Units from 1325 19th Street (American National Bank). Upon a motion by Councilmember Ratty, it was recommended to the Central District Development Agency that the air condition- ing units located on Agency property at 1325 19th Street be de- clared as surplus equipment and that once declared, this equipment may be considered for installation on publicly-owned property as needed, with storage of the remaining units to be put in the care of the City's General Services Department. Policy on Disposition of City-owned sur- plus Fire Station on the northwest cor- ner of East Brundage Lane and South King Street. Upon a motion by Councilmember Childs, the Fire Station on the northwest corner of East Brundage Lane and South King Street was declared as surplus property and staff was authorized to negotiate the sale pursuant to 3.20.125 B. of the Municipal Code for the purpose of assisting the City's economic development effort. Councilmember Moore requested that the motion be amended to include that staff work with the Budget and Finance Committee to keep the Council informed as to the status of the sale. Bakersfield, California, May 20, 1987 - Page 19 Councilmember Childs' amended motion was approved. Councilmember Childs requested that all individuals in- terested in the property on the northwest corner of East Brundage Lane and South King Street be notified of progress on the sale of the property, especially Ms. McClanahan. S.P.C.A. Budget for Fiscal Year 1987-88. Upon a motion by Councilmember Ratty, the S.P.C.A. Bud- get for Fiscal Year 1987-88 was received and referred to the Bud- get and Finance Committee. Three Vacancies on the Public Facilities Corporation. Upon a motion by Councilmember Salvaggio, Elton Kelly and Bob Clerico were appointed, and John Chaffin reappointed, to the Public Facilities Corporation. One Vacancy on the Board of Building Appeals. Councilmember Salvaggio requested staff provide the name of the last person appointed to the Board of Building Appeals who never assumed office. Upon a motion by Councilmember Moore, the trade industry is to be notified of the vacancy on the Board of Building Appeals, their interest solicited, and filling of this vacancy deferred un- til the next Council meeting or longer, if necessary. One Vacancy on the Historic Preservation Commission, due to the resignation of Anthony Cueto, expires March 30, 1988 (Ward 6). Upon a motion by Councilmember Dickerson, appointment the Historic Preservation Commission was deferred to the June 3, 1987, Council meeting. to COUNCIL STATEMENTS Councilmember Christensen spoke regarding funding for the Boys and Girls Club at 800 Monterey Street. Councilmember Christensen requested staff write to Ben Stinson and the businessmen of Baker Street, with a copy to Mr. Christensen, informing them that the funding of the Boys and Girls Club is being considered. Future City Council Meetings to be limited to 12:00 midnight. Councilmember Christensen made a motion to place a cur- few of 12:00 midnight on Council meetings. Councilmember Christensen made a motion that the Attor- ney draw up an Ordinance, with a first reading scheduled for the next Council meeting, setting a 12:00 midnight curfew for Council meetings. Councilmember Dickerson made a substitute motion that at 11:00 p.m., the Council complete the item they are dealing with, determine one other item that needs to be dealt with, conclude the meeting no later than 12:00 midnight, and a timetable for each item be included on the agenda. Bakersfield, California, May 20, 1987 - Page 20 City Manager Caravalho offered to draft a proposal for the next Council meeting to include 11:00 p.m. limit for the last agenda item and evaluation of needed action items, termination of the meeting at 12:00 midnight, time estimates for agenda items, and special meetings for General Plan Amendments or hearings that indicate a lengthy discussion. special dicate Councilmember Dickerson amended his motion to include meetings for Genera] Plan Amendments and hearings that in- lengthy discussion. This motion was approved. Councilmember Christensen read a letter into the record from Fred Hawley of Kern County Mental Health Association, 2022 "L" Street, dated May 18, 1987, as follows: I represent the Mental Health Association in Kern County, a non-profit, volunteer agency, dedicated to assisting the mentally ill adults in Kern County. For the past several years we have leased a build- ing in the Redevelopment area of 2022 "L" Street. Our major effort from this location has been the Ki]burn Center, a socialization program for the chronic mentally ill. From the attached Associa- tion office, we have administered and/or funded a variety of other needed mental health programs, such as a payee program and "I'm Thumbody", a self-awareness program for second graders. We have maintained all of these programs through our own fundraising efforts, but hard times are on us and we have had to close the Kilburn Center. We are working hard to preserve our other programs as well as to "moth-ball" the Kilburn Center until we are able to secure a stable funding base. We would like to request your assistance. In this process we have been paying $600 a month as rent on the building. We would request that this be reduced to only a nominal fee or to no rent at all. We do agree to continue our current levels of liability insurance and tire insurance on the building. If you have any questions regarding this request, or need any further information, please call Joyce Haack at 322-0365, or myself at 861-2251. Thank you for your consideration in this matter. Upon a motion by Councilmember Christensen, Mr. Hawley's letter was referred to the Budget and Finance Committee. Mayor Payne referred communication from the Internation- al Conference of Mayors requesting $5,000.00 as Bakersfield's es- timated contribution share to the Legal Center, which represents municipalities before the Supreme Court, to the City Clerk for distribution. Mayor Payne introduced hael, Los Angeles, dated May 14, the sign ordinance and suggested ment Committee or be referred to taken. communication from Phillip Mik- 1987, regarding modification of it be reviewed by Urban Develop- the City Attorney. No action was Bakersfield, California, May 20, 1987 Page 21 Councilmember Sa]vaggio stated for the record that he does not agree with the decision of the City to grant an indus- tria! disability retirement to a former Assistant Police Chief. He would like to say more about the issue, but regrets he cannot upon advice from legal counsel. CLOSED SESSION Upon a motion by Councilmember Christensen, the Council recessed to Closed Session pursuant to Government Code Section 54957 regarding Performance Evaluation of the City Attorney at 11:00 p.m. ADJOURNMENT There being no further business to come before the Coun- cil, upon a motion by Councilmember Christensen, the meeting ad- journed at 11:50 p.m. ATTEST: MAYOR of the City of Ba~6rsfield, Calit'. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California