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HomeMy WebLinkAboutAPR - JUNE 1985Bakersfield, California, April 1, 1985 Minutes of City of Bakersfield, California, of City Hall at 12:00 Noon, April The meeting was called followed by the Pledge of Allegiance and Councilman Rollie Moore. The City Clerk called the roll Present: Mayor Payne. Absent: Councilman a special meeting of the Council of the held in the Council Chambers 1, 1985. to order by Mayor Payne, Invocation by as follows: Councilmen Christensen (seated at 12:05 P.M.), Dickerson, Moore, Ratty, Rockoff, Barton Childs CLOSED SESSION Upon a motion by Councilman Barton, the Council recessed to a Closed Session at 12:10 P.M., for the purpose of discussing Labor Relations and City Attorney's Performance Evaluation. The special meeting was reconvened at 2:00 P.M. RECESS Upon a motion by Councilman Christensen, the meet- ing was recessed at 2:02 P.M., until Wednesday, April 10, 1985, at 12:00 Noon, for a Closed Session regarding Labor Relations and City Attorney's Performance Evaluation. ATTEST: MAYOR of the City of B'akersfield, Calif. ACTING'CIT~ ' CLERK and Ex Office Clerk of the Council of the City of Bakersfield, California CW Bakersfield, California, April 10, 1985 Minutes of a recessed meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 12:00 Noon, April 10, 1985. The ineeting was called to order by the Pledge of Allegiance and Invocation by Mayor Payne, followed by Councilman Moore. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Dickerson, Moore, ]~ockoff, Barton, Christensen Absent: Councilman Ratty, Childs CLOSED SESSION Upon a motion by Councilman Barton, the Council recessed to a Closed Session at 12:01 P.M., for the purpose of discussing Labor Relations and City Attorney's Performance Evaluation. The special meeting was reconvened at 2:00 P.M. Councilman Moore stated there was unanimous action taken by the Council recommending that the remaining 2% PERS employee contribution be approved for all Police Department Management and Supervisory Personnel. Also, commencing with future negotiations the PERS employee contribution be considered in the salary sched- ule for all employees. Councilman Moore stated that unanimous action was taken for the seven Department Heads, with the exception of l?olice, Fire and Public Works, will receive a 5% increase in salary; that the Police, Fire Chiefs and Public Works Manager receive a 7½% increase, and the Police Chief only receive 2% towards the PERS employee contribution. Assistant City Manager Russell clarified the first action taken by the Council. He stated there was more to the action than just the PERS contribution, in that the City would follow the same across-the-board and adjustments for Police, as was given to the Police Unit; and the same salary across-the-board and adjustments be given to the Fire Department Management, that was given to the Supervisory and Fire Unit. Bakersfield, California, April 10, ]985 - Page 2 Councilman Moore stated the motion ws to accept staff's recommendation and the PERS part was added as depicted on the charts. Those charts were entered into the public record. Assistant City Manager Russell stated there will be official action forthcoming for adoption at the April 24, 1985, Council meeting. Councilman Dickerson clarified that PERS delt with the Police Department only. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 2:05 P.M. MAYOR of the City of Bakersfield, Calif. ATTEST: ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ew Bakersfield, California, April 10, 1985 3 Minutes of Bakersfield, California, held in Hall at 7:00 P.M., April 10, 1985. The meeting was called to of a regular meeting of the Council of the City the Council Chambers of City order by Mayor Payne, followed None Upon a motion Absent: by Councilman Christensen, Minutes of the 13, 1985, Regular Meeting of April l, 1985, were Special Joint Public Hearing of March March 20, 1985, and Special Meeting of approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Richard Spindler, 2200 Wible Road, Promotional Coordinator for Roller Towne Skating Center, stated he is sponsor- ing an eight-hour Skate-A-Thon as a March of Dimes Fundraiser, and is seeking the Council and Community's support. The Skate-A-Thon is to raise money to guard against birth defects. He also requested support of the Council and Community for the Southwest Pacific Coast Regional Championships, which is a qualifying meet for the National Championships. This has been held in Bakersfield for the past twenty-five to thirty years, and there is some threat of it being moved to San Francisco or lack of local community support. He Councilmembers a pass to the Regional through July 7, 1985. Los Angeles, because of a further offered Meet to be held from June 29 Councilman Barton requested staff Bureau on behalf of Mr. Spindler relative to organization is having in attempting to keep Championship located in Bakersfield. Ms. Sue Ramos, Community Coordinator Dimes stated that 40% of monies earned are used Bakersfield community. contact the Convention the difficulties his the Regional for the March of here in the by the Pledge of Allegiance and Invocation by Reverend David Campbell of the College Heights Congregational Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Bakersfield, California, April 10, 1985 Page 2 Ms. Marian Bradshaw, 5301 Marina Drive, stated she and eight other property owners present tonight, live within a quarter of a mile radius of a drilling r}g erected by Western Continental Operating Company on Stine Road behind Church. She provided pictures of the r zoned A-I, adjacent and adjoined both in the City and County. She the Wayside Christian ig, located on property to res|dential properties located stated the property owners real- ize it is important to drill for oil for this country to stay self-sufficient and that the oil companies and oil related indus- tries play a major role in the monetary gains of Kern County. She expressed her gratitude to Councilman Dickerson and others in City and County offices who have shown sympathy in hearing and consid- ering the property owners situation. Ms. Lisa Smith, 5113 Marina Drive, stated she and her husband own property located between the two rigs operating at this time. She became involved in this issue during the last week of March, at which time Western Geophysical Company was on Pacheco Road sounding for oil. The distance covered was well over two miles, between Stine and Cottonwood Roads. The vibrations contin- ued for almost a half hour. She stated she was a quarter of a mile from Pacheco Road and did not receive a notice that the test- ing was going to be done. She requested that an area be defined where the notices are to be sent. She feels that if the vibration can be felt a mile away, those people should be notified of what is going to happen. Ms. Marian Bradshaw further stated, that after contact- ing Western Continental Supervisor, Mr. Rex Young, Mr. Baron and Mr. Rippy, an open discussion was held in her home with Messrs. Young, Baron, and Rippy, and several home owners in the area dur- ing the last of March. agreed upon with these would eliminate a large was the major complaint. eliminate the noise by: During this discussion, it was decided and three gentlemen, that Western Continental amount of the noise and vibrations, which Western Continental indicated they would replacing the brakes on the drilling Bakersfield, California, April 10, 1985 - Page 3 unit; installing more sound proofing; and discontinuing the truck- ing and piping supplies during evening hours between 10:00 P.M. and 7:00 A.M. After speaking with Mr. Young on April B, 1985, the breaks had admittedly never been changed. He indicated that after speaking with people on their board, it was unfeasible and too expensive. The trucks, since that time, have been seen going in and out after 11:00 P.M. With the problems directly associated with the drilling rigs themselves, she referred to a report from Mr. Thieessen of the Kern County Health Department, in which he indicates the noise level is way above the City, County and State levels. In addition to the recommendations listed in his report, he also stated to her on the phone the residents had no legal recourse for the violations that are being committed. The prop- erty owners, therefore, in respect to the City and County stan- dards already in affect, and in consideration of families in the neighborhood, suggested the following to alleviate the noise: 1. Limiting trucking of piping supplies and oil to the hours of 7:00 AiM. to 10:00 P.M.; 2. Follow Mr. Thieessen's recommendations to limit drilling to daytime hours or one of the other options presented by Mr. Thieessen; 3. Request the City or County make spot checks moni- toring the decibel levels at least twice per month. If the decibel levels are in excess of the stan- dards, we asked that fines be imposed and if viola- tions continue, drilling be stopped until corrective measures are taken. Mr. Mark Bradshaw, 5301 Marina Drive, expressed his con- cerns regarding oil rigs located adjacent to residential areas and submitted petitions from property owners in the neighborhood of Stine Road, Marina Drive and Woodmere Drive requesting deletion from the allowed uses in A Zone the drilling for the production of oil, gas and other hydrocarbon substances. Ms. Lisa Smith stated that Western Continental was issued a forty-day permit, therefore that particular rig will be gone soon. The neighbors' concerns at this point are not the two rigs mentioned tonight specifically, but the area in general. The prop- Bakersfield, California, April 10, 1985 - Page 4 erty owners are not trying to shut out the exploration of oil, but would like to see some kind of restrictions imposed in order to allow a peaceful, livable neighborhood while production is going on. Louri Drive, areas. Young, Ms. Marian Bradshaw also submitted letters from Ms. Jackson, 4512 Sugarcane; and John Haberkern, 5201 Marina requesting restrictions on drilling rigs in residential In answer to a question by Councilman Barton, Mr. Rex Vice President of Western Continental Operating Company, 4223 Hasti Acres, stated it is unknown how much oil reserves will be available at this location, therefore, it is economically unfeasible to build a soundproof monument. Upon receiving a per- mit from the Planning Department to drill at this location, his company received a long list of regulations and restrictions, most of which are directed at assuring the safety and freedom from annoyance in the neighborhood. He felt his company had complied with those restrictions to the best of their ability. The pro- posed drilling depth has been reached. If the company is pleased with what they find, after running pipe, a pumping unit will be installed and no further drilling will take place. In answer to a question by Councilman Rockoff in refer- ence to seismic studies conducted in residential neighborhoods, Public Works Manager Hawley stated one of permit is that someone be on duty during property owners be notified prior to any the conditions of the testing and that adjacent testing. He further stated his office did not receive more than three or four com- plaints during the entire operation. In answer to a question by Councilman Dickerson, Mr. Rex Young of Western Continenta! Operating Company, stated his company has a one-year permit for drilling operations. He stated his per- mit is worded to the effect, "having been granted a permit, our company was given so many days to commence operations and proceed with operations." The permit is a little general and is not just a drilling permit. It is a permit by the Building Department to Bakersfield, California, April 10, 1985 - Page 5 7 conduct building operations. The ordinance attached to the per- mit apply directly to oil drilling. City Attorney Oberholzer stated he does not have the permit, however, the ordinance provides that the drilling opera- tions must be commenced within ninety days and completed in a dil- igent manner, at which time the company must either terminate the operation or start a pumping operation. Also, there is a surety bond posted in the amount of $2,500 with the City. It is gener- ally felt that if a rig fell over, it would fall on the company's property, and not on adjacent property. The surety bond is pro- vided in the event there is some kind of an incident with an oil spill. In answer to questions by Councilman Dickerson, Mr. Rex Young stated his company has not seen the report from the Kern County Health Department. He would be willing to look at the report and discuss the issue with the City. In answer to a question by Councilman Dickerson, Marian Bradshaw stated it is a general consensus of her neighbors and herself that they wish to try to prevent this kind of thing from happening again. The neighbors are not trying to shut down this well. It does not appear there is anything that can be done at this point on this well. The neighbors would like to see the zoning laws changed so that drilling rigs are not allowed so close to residential areas in the future. Mark Bradshaw stated if the company could operate during reasonable hours and not around the clock it would help the adjacent residential areas. Councilman Dickerson stated his concerns regarding time spent by the Staff and Council on issues such as seismic studies and drilling operations. Resolving these issues is a cost to the City, and these expenses should be reimbursed. The permit process should the permit over ther suggested incurred include a public hearing instead of just obtaining the counter in the Building Department~ He fur- that staff review the permit process and expenses by the City. Bakersfield, California, April 10, 1985 - Page 6 Councilman Dickerson suggested the process for obtaining drilling rig operation and seismic study permits be referred to staff or an appropriate committee for study. Deputy City Manager Strenn stated it is staff's inten- tion and seemed to be Mrs. Bradshaw's desire that the City look at both the situation at hand and other instances such as this. It appears there are drilling operations in other parts of the City and County which do not have a problem. The problem in this instance is the proximity to residential areas. It is also felt the Planning Commission might like to review this issue. Councilman Childs made a motion to refer the issue of drilling rig operation and seismic study permits to staff for study and recommendation. Councilman Dickerson stated that along with Mrs. Bradshaw, Mr. Rex Young should be invited to participate in the discussion relative to this issue. Upon a motion by Councilman Childs, the issue of drill- ing rig operation and seismic study permits was referred to staff for study and recommendation, and that Mrs. Bradshaw and Mr. Rex Young be included in the discussion. This motion was unanimously approved. Upon a motion by Councilman Rockoff, staff was directed to communicate in writing with the companies doing seismic testing, that if the City receives any further unresolved complaints, their permit would be pulled. Councilman Christensen voted in the negative and qualified his vote indicating notifica- tion to property owners should not include earthquakes. Ms. Beth Friedman, President of Kern County Crime Prevention Task Force, stated their organization is volunteer and non-profit involved in educating the community in the prevention of crime. She submitted letters of endorsement from Sheriff Kleier and Police Chief Price. As part of their effort to educate the community, they are holding a Crime Prevention Fair on Sunday, September 8, 1985, either at cost or tion does not have and requested the use of the Civic Auditorium the initial fee. She indicated their organiza- funds or conduct fund raising activities. 9 Bakersfield, California, April 10, 1985 - Page 7 Upon a motion by Councilman Childs, request by the Kern County Crime Prevention Task Force for use of the Civic Auditorium at cost or for the initial fee, was referred to the Auditorium and Recreation Committee. Councilman Moore stated through Ms. Friedman's unilat- eral efforts and spending many hours of her own time, with dedica- tion to this community, she has been able to obtain a grant through the State of California in the amount of $75,000 so we can proceed in our community with a crime prevention unit. She has been instrumental through the years, working with the Neighborhood Watch Program, and it was through her interest and outgrowth of that program that she has been able to obtain this grant from the State. Upon Lawton Powers, April 2, 1985, CORRESPONDENCE a motion by Councilman Rockoff, communication from 1800 30th Street, Suite 101, Bakersfield, dated requesting General Plan Amendment for commercial use of property located on the corner of Bernard Street and Alta Vista Drive was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rockoff, communication from Carrie C. Mendenhall, 405 Pauley, Tehachapi, supporting annexation of "Rexland Acres" (Pacheco and Highway 99 East), to the City of Bakersfield, was received and referred to the Planning Department for study and recommendation. COUNCIL STATEMENTS Councilman Christensen thanked City Manager Caravalho and Finance Director K]imko for the report regarding City income and sources of investments. In answer to a question by Councilman Christensen, Finance Director Klimko stated there is an analysis done daily on cash flow and monies are invested on a daily basis. Bakersfie]d, California, April 10, 1985 - Page 8 In answer to question by Councilman Barton, Public Works Manager Hawley stated it will not be known for a few days whether the City has moved up from Priority 10, on the "H" Street Underpass Project. Councilman Ratty nominated Mr. David Cohn, 2493 Beech Street for appointment to the Planning Commission. Councilman Ratty made a motion to close nominations to fill the vacancy on the Planning Commission. This motion was una- nimously approved. Councilman Ratty made a motion to appoint Mr. David Cohn, 2493 Beech Street, to the Planning Commission, term expiring April 17, ]987. This motion was unanimously approved. Councilman Ratty made a motion to accept the map of the proposed ward boundaries and refer to Staff for preparation of appropriate documents. This motion was unanimously approved. City Manager Caravalho announced that effective April ll, ]985, Carol Williams will be appointed City Clerk, to replace retiring City Clerk, Marguerite Anderson. Councilman'Moore made a motion to refer to the Legislative Commitee for review and comment back to the Council for possible support, SB 290, which is the Fran Bill on Transportation. He further stated the Board of the League of California Cities, Supervisors Association, California Council of Governments and Californians for Better Transportation are all supporting the concept of this legislation. This motion was unani- mously approved. Mayor Payne read a letter from Congressman William M. Thomas, dated April 9, 1985, notifying the City of Bakersfield that the requested $2 million in Federal Aviation Administration airport acquisition funds for Bakersfield Airpark has been approved, subject to the additional non-federal contributions to the project of 10% of the grant amount. Mayor Payne personally thanked Congressman Bill Thomas for his diligence and assistance to our community, City Staff, Mr. Dave Kennon and particularly Councilman Barton, who has dedicated the past seven years to this project. Bakersfield, California, April 10, 1985 - Page 9 Mayor Payne read a letter from Mr. Gary Hutchinson, Pro- ject Coordinator, 3500 Stine Road, Bakersfield, announcing the three Bakersfield Longs Drug Stores, in conjunction with the National Play It Safe Program, will be sponsoring a "Play It Safe Day". This is a child identification program which is free to all participants, and will be held on May 18, 1985 from 9:00 a.m. to 5:00 p.m., at each Longs Drug Store. Mayor Payne announced his appointment of Mr. Henry CarJan, dispensing Optician of the Valley Optical Boutique, 2227 19th Street, to the Kern County Economic Opportunity Corporation Board of Directors, effective immediately. Mayor Payne declared a brief recess at 8:40 P.M. and reconvened the meeting at 9:00 P.M. Councilman Rockoff stated, in reference to the Enterprise Zone, Councilman Barton expended persona! funds to travel back East to lobby for these funds. He suggested this was ~noney was well spent for the City and not specifically for Councilman Barton, and wou!d like to see the Council authorize reimbursement for the expense he incurred. Councilman Barton stated he appreciated Councilman Rockoff's comments. He stated he made the trip because he wanted to, and since the Council has a policy of prior approval, and he took the trip without the prior approval of the Council, it should be his expense and he will not ask for reimbursement. Councilman Rockoff stated it was his understanding of the policy, a request can be made for reimbursement after the fact. Based on the Council's wishes, a request can be either accepted or rejected. He did not feel it was a violation of the policy. Mayor Payne stated encouraged Councilman Barton sement. Councilman Childs stated it Councilperson could incur expenses at the opportunity to submit a voucher Councilman Barton to reconsider. he agreed with Councilman Rockoff and to submit his expenses for reimbur- was his understanding that a his own risk, but would have for those expenses. He urged Bakersfield, California, April 10, 1985 - Page 10 Councilman Christensen stated he did not see a need for circumventing the rules of the Council. Mayor Payne stated the policy provides for after-the- fact reimbursement of a Councilmember's expenses. Councilman Christensen requested the original documenta- tion regarding reimbursement for expenses. Mayor Payne requested the information on reimbursement for Councilmembers expenses be provided to the Council prior to the next Council meeting. CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claims Nos. 5455 to 5852, inclu- sive, in the amount of $2,372,316.20. Claim for Conversion of Personal Property from Mary Mullen, 717 E1 Toro Drive, Bakersfield. (Refer to City Attorney) Claim for Damages from Christopher Scott Graviss, 3925 Balboa Avenue, Bakersfield. (Refer to City Attorney) Claim for damages 6808 Wilson Road, Attorney) from William Larry Keene, Bakersfield. (Refer to City eo Claim for Damages from Joseph Doyle Cox, 8200 Kroll Way #185, Bakersfield. (Refer to City Attorney) Street Right-of-Way Deed from Tenneco Realty Development Corporation providing for dedica- tion of a portion of Wible Road, north of the Southern Pacific Railroad tracks, to allow widening to full width. Street Right-of-Way Deed from Mary D. Marerich providing for dedication of a portion of Wible Road, north of Wilson Road, to allow widening to full width. Road Easement from Presidio Savings and Loan Association providing easement for public road purposes, as required by the Planning Commission for Tract 4776 located on the west side of South "H" Street between White Lane and Pacheco Road. Water Line and Sewer Line Easements from DSL/Griffith II, a General Partnership provid- ing easements for water lines and sewer lines, as required by the Planning Commission for Parcel Map 7481, located at the southwest cor- ner of Rosedale Highway and Camino Del Rio Court. Bakersfield, California, April 10, 1985 - Page ll Map of Tract No. 4734, Units 1, 2 and 3, Improvement Agreements for the construction improvements therein, and Grant Deed for a drainage basin site located at the northeast corner of Pacheco Road and Hughes Lane. of Map of Tract No. 4578, Units C and D and Improvement Agreement for the construction of improvement therein located within the Rio Bravo Ranch Golf Course Facility. Improvement Agreement for Parcel Map No. 7332; Easements for public roads, storm drain, sewers and access; and Grant Deed for a drainage basin site for Parcel Maps 7331 and 7332 with Tenneco Realty Development Corporation for the construc- tion of improvement required by the Planning Commission with Parcel Map No. 7332, located on the west side of Gosford Road between Laurelglen Boulevard and South Laurelglen Boulevard. Notices of Completion and Acceptance of Work on: Reconstruction of Stine Road from Panama Lane to Pacheco Road, Contract No. 84-244. Shalimar Storm Drain, Phase I, Contract No. 84-175. Resurface Planz Road Stine Road to Wible Road, Contract No. 84-271. Tract No. 4601, Contract No. 84-111, located east of Old River Road and south of White Lane. Plans and Specifications for construction of metal beam guardrail at Truxtun Avenue and Freeway 99, and Stockdale Highway at Kern River Bridge. Plans and Specifications for relocation of traffic signals at Union Avenue and Planz Road. Plans and Specifications for traffic sig- nal modifications on Niles Street, Eye Street and 19th Street. Plans and Specifications for the instal- lation of Impact Attenuators (crash cushions) on Truxtun Avenue Bridge at Union Avenue. Plans and Specifications for resurfacing portions of Sundale Avenue. Plans and Specifications for pavement repairs on Stockdale Highway from Cal State Bakersfield to Kern River Bridge. Contract between the City of Bakersfield and Steve Williford to provide tennis lessons. Bakersfield, California, April 10, 1985 - Page 12 and Bakersfield Officials' Association. Agreement between the City of Bakersfield Upon a motion by Councilman Rockoff, e, f, g, h, i, j, k, l, m, n, o, p, q, r, s, t sent Calendar, were approved by the following Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Childs, Christensen Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Moore, and Myers, Inc., in the amount of $4,220.92, Items a, b, c, d, and u of the Con- roll call vote: Barton, low bid of Robbins for Wastewater Sludge Pump Parts, was accepted and the other bid rejected. City Manager Caravalho stated Staff wished to change their recommendation on the next item because All Pure Chemical Company, Inc. has contacted the Purchasing Officer requesting their bid be withdrawn, due to their not fully understanding the terms of the invitation to bid. The normal process of opening and accepting this particular bid has been prolonged due to the evalu- ation of chemicals bid by All Pure Chemical Company. The evalua- tion process has caused the City to go beyond the thirty day bid guarantee period required of vendors submitting bids. Due to the fact the thirty-day bid price guarantee has elapsed, Staff recom- mends Council allow All Pure Chemical Company to withdraw their bid and award the entire bid to the next lowest bidder, BC Chemicals. BC Chemicals has indicated they would honor their bid price beyond the thirty-day period. Upon a motion by Councilman Moore, All Pure Chemical Company was allowed to withdraw their bid, the next lowest bidder, BC Chemicals, was authorized to be the primary provider of all chemicals required, and the Mayor was authorized to execute the contract. Bakersfield, California, April 10, 1985 - Page 13 !5 Upon a motion by Councilman Childs, low bid of State of California, in the amount of $13,237.90, for Four Wheel Drive Utility Vehicle for Ag. Water, was accepted, and all other bids rejected. Upon a motion by Councilman Childs, low bid of Signal Sales Company, in the amount of $5,888.30, for Traffic Signals and Hardware, was accepted, and all other bids rejected. Upon a motion by Councilman Christensen, low bid of Griffith Company of Bakersfield, in the amount of $92,091.00, for Construction of Street Improvements on Wible Road, near Pacheco Road, was accepted, all other bids rejected and the Mayor author- ized to execute the contract. Upon a motion by Councilman Childs, low bid of Wholesale Fuels, Inc., in the amount of $44,299.57, for Lubricating Products - Annual Contract, was accepted, all other bids rejected and the Mayor authorized to execute the contract. Upon a motion by Councilman Barton, low bid of Don D. Jones Contruction, Inc., in the amount of $339,534.00, for Groundwater Recharge Area, Phase II, was accepted, all other bids rejected and the Mayor authorized to execute the contract. Councilman Dickerson abstained from voting. This is the Amendment to the Land Area General Plan and the following general SEGMENT I: HEARINGS time set for public hearing regarding the Use Element of the Bakersfield Metropolitan Proposed Environmental Documents concerning areas: A MAJORITY OF PROPERTY OWNERS in the pro- ject area have submitted a petition requesting the City Counci! to amend, and the City Council has init|ated the proc- ess to amend the General Plan Land Use Element designations from Commercial on 0.3 acres and High Density Residential (17 to 45 dwelling units per gross acre) designation on 10.2 acres to Low Density Residential (0.5 to 5.49 dwelling units per gross acre) fro 10.5 tota! acres located in the general neighborhood of Olive Street between Palm and Bank Streets and the northern two-thirds of Oakbank Road (private street). Bakersfield, California, April 10, 1985 - Page 14 SEGMENT II: Area 1 - The City of Bakersfield is pro- posing to change the Commercial designa- tion for 0.1 acre, the Medium Density Residential (5.5 to 16.99 dwelling units per gross acre) designation for 23.83 acres and the High Density Residential (17 to 45 dwelling units per gross acre) designation for 5.20 acres to Low Density Residential (0.5 to 5.49 units per gross acre) for the area generally located west of Pershing Street to "S" Street and "P" Street, north of 8th Street to 10th Street and one-half block south of California Avenue. Area 2 - The City of Bakersfield is proposing to change the High Density Residential (17 to 45 dwelling units per gross acre) designation for 28.76 acres to Low Density Residential (0.5 to 5.49 dwelling units per gross acre) for the area generally located south of 4th Street to 2rid Street, west of "P" Street to "N" Street, and the area one-half block south of 3rd Street to one-half block south of 2nd Street, between "N" Street and "L" Street. Also included is the area on the east and west sides of "O" Street, south of 2nd Street to the Kern Island Canal. SEGMENT III: AMERICAN SAVINGS AND LOAN has applied to change the Low Density Residential (0.5 to 5.49 dwelling units per gross acre) designation for 90.5 + acres to Industrial for property located south of Pacheco Road to Harris Road, west of Freeway 99 to Wible Road. This hearing has been duly advertised and the property owners notified as required by law. The Planning Commission recommended approval of Negative Declarations for Segments II and III and recommended approval of Segments II and III. The Planning Commission, after a public hearing on March 21, 1985, recommended denial of Negative Declaration for Segment I and recommended denial of Segment I, as delineated in Planning Commission Resolution No. 35-85. A letter has been received from State of California Department of Transportation, P.O. Box 12616, Fresno, requesting inclusion in the review of project proposal regarding development of Segment III. Mayor Payne declared the hearing open for public partic- ipation on Segment I. Bakersfield, California, April 10, 1985 - Page 15 The following persons spoke in support of Segment I. Acting City Clerk Williams read a prepared statement by Carol Benston, 211 Oakbank Road. Nanette Gill, 200 Oakbank Road. Mary Accord, 334 Olive Street. The following persons spoke in opposition to Segment I. Robert Clerico, 1718 Camino Sierra, who owns property at 3115 Oakplace. Michael Callegy, 196 Pelham Court, spoke on behalf of John Q. Long who owns property adjacent to the zone change area. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilman Moore made a motion to allow the residents who have shown a desire, to change the zoning to R-1 on Oakbank Road. Mayor Payne stated that at the conclusion of Council discussion on Segment I, he would open the public portion on Segments II and III, and motions will be entertained at the conclu- sion of all segments. Mayor Payne declared the hearing open for public partic- ipation on Segment If. The following persons spoke in support of Segment II. Georgia Williams, 1030 Chester Place, represented citi- zens of Lowell Addition. Howard Berrell, 929 "Q" Street, representing citizens of California Avenue Tract Park II, and west of Kern Island Canal in Lowell Addition. Manuel Williams, 1030 Chester Place. Benjamin T. James, 1031 4th Street. Adwena Perkins, Cameal Whitley, Clark Mitchell, Barbara Donnelly, Clayton Landers, 104 "O" Street. 400 9th Street. 416 9th Street. 137 "O" Street. 331 9th Street. Bakersfield, California, April 10, 1985 Page 16 Dudley Stewart, 407 9th Street. John Donnelly, 137 "O" Street. Margaret Govea, 118 "O" Street. Mrs. Perkins, 104 "O" Street. The following persons spoke in opposition to Segment II. Curtis Johnson, ]01 "O" Street, spoke in support of the proposed agreed-upon compromise worked out with Councilman Childs. Tennis Nichols, 3308 Wood Lane, stated he agrees with the proponents of Segment If, in that there are too many apart- ments in this area. However, he purchased his property located at 822 "Q" Street, with the intention of putting a smal! apartment on the back and would like to be able to do that. Bill Rowland, Rt. 9, Box 122, Bakersfield, owns property 219 "P" Street. No further protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Mayor Payne declared a brief recess at 10:30 P.M. and reconvened the meeting at 10:45 P.M. Councilman Childs made a motion to support the recommen- dation of the Planning Commission for Areas ! and 2 of Segment II, west of Pershing and south of California Avenue area. Mayor Payne declared the hearing open for public partic- ipation on Segment III. Randy Zee of Quad Consultants stated he represents the applicant, American Savings and Loan. The applicant has reviewed the staff reports and conditions, is in total agreement with those conditions and would request the Council proceed to approve the application as recommended by the Planning Commission. No protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. In answer to a question by Councilman Rockoff, City Manager Caravalho stated staff has no problem with the request by 19 Bakersfield, California, April 10, 1985 Page 17 the State of California Department of Transportation requesting inclusion in review of project proposal regarding development of Segment III. Councilman Moore stated that a recommendation for a zoning change, of the people involved. Several figures have regarding the amount of support in Segment I. puted, there appears to be 60% of the before the City can accept there must be support of 60% been suggested After being recom- property owners supportive. In that the area is so fragmented, it is his recommendation to the people in the area to take one area at a time, and if there is enough support to present another change in the future, bring that change forward at that time. Councilman Moore stated his motion would be to accept the request of those that live on Oakbank Road only who are 100% supportive for the change from R-3 to R-1 and to take no action on the remainder. Dewey Sceales stated that by ordinance, to request a change of zone, there must be 60% support to even accept the application over the counter. However, the issue tonight is zone change, but an amendment to the General Plan. zoning if Director Seeales is 100% support to R-1 Zoning. not a Councilman Rockoff stated he has no problem with a down- 100% of the people desire to be down-zoned. In answer to a question by Councilman Rockoff, Planning stated Planning Department records indicate there from residents on Oakbank Road to change from R-3 Upon a motion by Councilman Moore, Resolution No. 48-85 of the Council of the City of Bakersfield making findings, adopt- ing Negative Declaration and approving Segment I, for Oakbank Road only, of proposed amendment to the land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-85) and direct the Planning Commission to implement the action taken by the Council tonight, was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Childs, Christensen Noes: None Absent: None Rockoff, Barton, Bakersfield, California, April 10, 1985 - Page 18 Upon a motion by Councilman Childs, Resolution No. 49-85 of the Council of the City of Bakersfield making findings, adopt- ing Negative Declaration and approving Segment II - Area l; and approving Area 2, with the deletion of parcels located on the north side of 2nd Street approximately 3,000 feet, bounded by 2nd Street on Kern Island Canal on the south, proposed amendment to the Land Metropolitan Area General PLan adopted by the following roll call vote: Ayes Councilmen Dickerson, Moore, Noes Councilman Rockoff Absent: None Abstaining: Councilman Christensen 50-85 of adopting from "P" Street westerly to a point and the eastern half of the block the north, "P" Street on the west, the and "O" Street on the west, of Use Element of the Bakersfield (Land Use Amendment 2-85) was Ratty, Barton, Childs Upon a motion by Councilman Dickerson, Resolution No. the Council of the City of Bakersfield making findings, Negative Declaration and approving Segment III of pro- posed Amendment to the Land Use Element of the Bakersfield Metropolitan area General Plan (Land Use Amendment 2-85) was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the land use zoning of those certain pro- perties in the City of Bakersfield located south of Pacheco Road to Harris Road, east of Wible Road to Freeway 99. The application for this amendment was made by American Savings and Loan Association and would change subject properties from an A (Agricultural) Zone to an M-1 (Light Manufacturing), or more restrictive Zone. Bakersfield, California, April 10, 1985 Page 19 The Planning Commission recommended approval of the amendment subject to the conditions contained in Planninng Commission Resolution No. 40-85. Those conditions were complied with within ten days of the adoption of the Resolution. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the land use zoning of those certain properties in the City of Bakersfield located south of Pacheco Road to Harris Road, east of Wible Road to Freeway 99. First reading of an Ordinance of the City of Bakersfield amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the land use zon- ing of those certain properties in the City of Bakersfield located in the area commonly known as the Lowell Addition. The application for of Bakersfield for residents petition requesting amendment this amendment was made by the City in the project area who submitted a and would change subject properties from a C-2 (Commercial) Zone, an R-2 (Limited Multiple Family Dwelling) Zone, and an R-3 (Limited Multiple Family Dwelling) Zone to an R-1 (One Family Dwelling) or more restrictive Zone. The Planning Commission recommended approval of the amendment to the City Council. First reading was considered given an Ordinance of the City of Bakersfield amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the land use zoning of those certain properties in the City of Bakersfield located in the area commonly known as the Lowell Addition. Adoption of Resolution No. 51-85 of the Council of the City of Bakersfield initi- ating proceedings for the annexation of territory to the City of Bakersfield identified as Proceeding No. 862, Annexation No. 294, in accordance with LAFCO Resolution making Determination (Panama No. 4). This ation of Panama No. for May 8, 1985. resolution initiates the proceedings for the annex- 4 and sets the date for the protest hearing Bakersfield, California, April ]0, ]985 - Page 20 Upon a motion by Councilman Christensen, Resolution No. 51-85 of the Council of the City of Bakersfield initiating pro- ceedings for the annexation of territory to the City of Bakersfield identified as Proceeding No. 862, Annexation No. 294, in accordance with LAFCO Resolution making Determination (Panama No. 4), was adopted by the following rol! call vote: Ayes: Councilmen Moore, Rockoff, Barton, Childs, Christensen Noes: None Absent: Councilmen Dickerson, Ratty Adoption of Resolution No. 52-85 of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 299, LAFCO Proceeding No. 871 (Wible No. 6). This tribution between Proceeding No. 871 (Wible No. 6). at the Council Meeting of April 10, deadline established by LAFCO. presented resolution sets forth the agreed property tax dis- the City and County on Annexation No. 299, LAFCO This resolution must be adopted ]985, in order to meet the The Board of Supervisors will have a similar resolution to them for their adoption this month. Upon a motion by Councilman Christensen, Resolution No. resulting from Annexation No. 299, LAFCO Proceeding No. 871 (Wible No. 6), was adopted by the following roll call vote: Ayes Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes None Absent: None Adoption of Resolution No. 53-85 of the Council of the City of Bakersfield pro- viding for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 300, LAFCO Proceeding No. 872 (Harris No. 4). property tax revenues upon local agency jurisdictional change 52-85 of the City of Bakersfield providing for the adjustment of Bakersfield, California, April 10, 1985 Page 21 This resolution sets forth the agreed property tax dis- tribution between the City and County on Annexation No. 300, LAFCO Proceeding 872 (Harris No. 4). This resolution must be adopted at the Council Meeting of April 10, 1985, in order to meet the dead- line established by LAFCO. presented 53-85 of NO. The Board of Supervisors will have a similar resolution to them for their adoption this month. Upon a motion by Councilman Christensen, Resolution the City of Bakersfield providing for the adjustment property tax revenues upon local agency jurisdictional change resulting from Annexation No. 300, LAFCO Proceeding No. 872 (Harris No. 4), was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Adoption of Resolution No. 54-85 of the Council of the City of Bakersfield pro- viding for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 298, LAFCO Proceeding No. 870 (Panama No. 5). This resolution sets for the agreed property tax distri- bution between the City and County on Annexation No. 298, LAFCO Proceeding No. 870 (Panama No. 5). This resolution must be adopted at the Council Meeting of April 10, 1985, in order to meet the deadline established by LAFCO. The Board of Supervisors will have a similar resolution presented to them for their adoption this month. Upon a motion by Councilman Dickerson, Resolution No. 54-85 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency jurisdic- tional change resulting from Annexation No. 298, LAFCO Proceeding No. 870 (Panama No. 5), was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Bakersfield, California, April 10, 1985 - Page 22 This resolution sets forth the agreed property tax distribution between the City and County on Annexation No. 297, LAFCO Proceeding 869 (Buena Vista No. 2). This resolution must be adopted at the Council Meeting of April 10, 1985, in order to meet the deadline established by LAFCO. The Board of Supervisors will have a similar resolution presented to them for their adoption this month. Upon a motion by Councilman Childs, Resolution No. of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency juris- dictional change resulting from Annexation No. 297, LAFCO Proceeding No. 869 (Buena Vista No. 2), was adopted by the follow- ing roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None 55-85 Adoption of Resolution No. 56-85 of the Council of the City of Bakersfield to request the State Department of Transportation to approve an Interchange Modification and Special Plan Study at the California Avenue Interchange with State Route 99 in the City of Bakersfield. The City Staff and Engineers representing the developer of the property at the northwest corner of California Avenue and Oak Street have performed traffic studies and proposed which if implemented, would allow reasonable access to erty and allow a signal at the intersection of Highway bound off ramp and California Avenue. Approval is required from the Department of a plan, the prop- 99 north- Transportation and the California Transportation Commission to allow a modification at the Highway 99 and California Avenue Interchan Upon a motion by Councilman Moore, Resolution No. 56-85 of the Council of the City of Department of Transportation Modification and Special Plan Bakersfield to request the State to approve an Interchange Study at the California Avenue Bakersfield, California, April 10, 1985 Page 23 Interchange with State Route 99 in adopted by the following roll call Ayes: the City of Bakersfield, was vote: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Adoption of Resolution No. 57-85 of the Council of the City of Bakersfield declaring Tuesday, April 16, 1985, to be "The Day of The Teacher". This resolution declares Tuesday, April 16, 1985, as "The Day of The Teacher" in the City of Bakersfield in recognition of the many accomplishments and contributions of Bakersfield's teachers. Upon a motion by Councilman Christensen, Resolution No. 57-85 of the Council of the City of Bakersfield April 16, 1985, to be "The Day of The Teacher", following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Childs, Christensen Noes: None Absent: None declaring Tuesday, was adopted by the Rockoff, Barton, Adoption of Resolution No. 58-85 of the Council of the City of Bakersfield recog- nizing an area of the City for designa- tion under the Employment and Economic Incentive Act. Endorsement of the preliminary application for designa- tion of an Enterprise Zone under AB 514 (Waters) is based on cer- tain findings and specifies a geographic area within the City and County as a Targeted Economic Development area. The endorsement is required for submission of the pre-application requesting des- ignation and making businesses eligible for certain tax benefits as an inducement to locate in the area. Upon a motion by Councilman Barton, Resolution No. 58-85 of the Council of the City of Bakersfield recognizing an area of Bakersfield, California, April 10, 1985 - Page 24 the City for designation under the Employment and Economic Incentive Act, was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Adoption of Resolution No. 59-85 of the Council of the City of Bakersfield approving the Memorandum of Understanding setting salaries and related benefits for officers and employees of the Police Unit of the City of Bakersfield. An agreement has been reached with the Association of Bakersfield Police Officers and ratified by the affected unit. The agreement is within the parameters established by the Council. Upon a motion by Councilman Barton, Resolution No. 59-85 of the Council of the City of Bakersfield approving the Memorandum of Understanding setting salaries and related benefits for offi- cers and employees of the Police Unit of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Approve Authorization to submit Pre- Application to State of California, Department of Commerce, requesting desig- nation as an Enterprise Zone in accord- ance with the Enterprise Zone Act AB 40 (Nolan). This submission is the first phase of a two-part appli- cation process required for designation of a specific area in the City and County as an Enterprise Zone. The State will "invite" certain communities to submit full the pre-applications. In answer to a question applications after review of by Councilman Childs, Mr. Woody Tesher, Principal of Vieon Corporation, principal contractor to the City and County on the Enterprise Zone legislation and appli- cations, stated it is proper to submit two pre-applieations, one Bakersfield, California, Apr}l 10, 1995 Page 25 for each piece of legislation. He further stated the Board of Supervisors submitted two separate pre-applications. Councilman Childs stated he would support this item, with the understanding that he has been advised that both bills be presented as a pre-application separately rather than being enjoined. He will accept the advice of staff and the experts, but he is concerned about two separate pre-applications. Upon a motion by Councilman Barton, Authorization to submit Pre-Application to State of California, Department of Commerce, requesting designation as an Enterprise Zone in accor- dance with the Enterprise Zone Act AB 40 (Nolan), was unanimously approved. Approve Authorization to submit Pre- Application to State of California Department of Commerce requesting desig- nation as an "Enterprise Zone" in accor- dance with the Employment and Economic Incentive Act AB 514 (Waters). This submission is cation process required for the first phase of a two-part appli- designation as an "Enterprise Zone" e will "invite" cer- after review of the and the resultant tax incentives. The Stat tain communities to submit full applications pre-applications. Upon a motion by Councilman Barton, Authorization to submit Pre-Application to State of California Department of Commerce requesting designation ~s:an "Enterprise Zone" in accor- dance with the Employment and Economic Incentive Act AB 514 (Waters), was unaniously approved. Approve Agreement with Minner and Davis, Structural Engineers, for Engineering Services. This agreement established the terms and conditions for the design of the widening and rehabilitation of the Oak Street overhead at the Atchison, Topeka and Santa Fe Railway Tracks. The design fee will be based on an hourly rate with a total fee not to exceed $140,000. The Council adopted a Resolution on March 27, Bakersfield, California, April 10, 1985 - Page 26 1985, verifying that sufficient funds will be budgeted in Fiscal Year 1985-86 for design of this project. Upon a motion by Councilman Ratty, Agreement with Minner and Davis, Structural Engineers, for Engineering Services, was approved and the Mayor authorized to execute same. Approve Negative Declaration for proposed construction of Fairfax Road, north of Paladino Drive to Alfred Harrell Highway. This action is required by the California Environmental Quality Act (CEQA). The proposed action has been advised locally for written comment. The review period for the proposed Negative Declaration ends April 8, 1985. Upon a motion by Councilman Rockoff, Negative Declaration for proposed construction of Fairfax Road, north of Paladino Drive to Alfred Harrell Highway, was approved by the fol- lowing roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Approve Request from Downtown Business Association for Street Permit. The Downtown Business Association requests permission to use the City's traffic signal poles to mount flags, banners and signs along Chester Avenue in the Downtown area to advertise an upcoming sidewalk sale. These items would be put into place on April 26, 1985 and removed by May 11, ]985. These signs would be mounted so as not to obstruct the traffic signals. Therefore, the Public Works Manager recommends approval. Upon a motion by Councilman Ratty, Request from the Downtown Business Association for Street Permit, was approved. Bakersfield, California, April 10, 1985 - Page 27 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at ll:20 P.M. MAYOR of the City of Bako(sfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California cw Bakersfield, California, April 24, 1985 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., April 24, 1985. by the of the The meeting was called to order by Mayor Payne, followed Pledge of Allegiance and Invocation by Reverend Mike Street First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Absent: None Councilmen Moore, Ratty, Rockoff, Barton, Childs, Christensen, Dickerson Upon a motion by Councilman Barton, minutes of the regu- lar meeting of March 27, 1985, and recessed meeting of April 10, 1985, were approved as presented. Mayor Payne read a letter of commendation to Mr. Randy Hardin expressing the community's appreciation for his courageous acts on March 22, 1985, in responding to the needs of a fellow citizen, and stated Mr. Hardin's name is being added to the Honor Role of Citizens who have earned the Mayor's Eagle Award. Police Chief Price presented the plaque to Mr. Randy Hardin. Mayor Payne read a letter of commendation to Mr. Charles Dye expressing the community's appreciation for his swift action on April 5, 1985, in responding to the needs of a fellow citizen, and indicated Mr. Dye's name is being added to the Honor Role of Citizens who have earned the Mayor's Eagle Award. Police Chief Price presented the plaque to Mr. Charles Dye. Bob Pullenwider, Mathematics Coach of Chipman Junior High School stated Bernie Reyes, Jason Mahan, Jim Gustafson and Joe Kim are being honored tonight for having won a Regional Contest encompasing Kern, Mono and Inyo Counties and the State Championship in Junior High School Mathematics at the University of Southern California. Mayor Payne presented a plaque on behalf of the City to Chipman Junior High School Students; Bernie Reyes, Jason Mahan, Jim Gustafson and Joe Kim. Mayor Payne presented a plaque to Chipman Junior High School and read the plaque as follows: "In recognition of outstanding performance in the Statewide Mathcounts Competition at the USC Campus in Los Angeles, presented to Chipman Junior High School in honor of Bernie Reyes, Jason Mahan, Jim Gustafson, Joe Kim, Coach Bob Fulenwider and Principal Sherlo Shively, from the City of Bakersfield, Thomas A. Payne, Mayor, April 1985." Chipman Junior High School Principal, Sherlo Shively stated that Bernie Reyes placed second in the individual competition for the State of California. Mr. Pulenwider, as the Coach of the winning state team, along with the four top winners in the State of California, will travel to Washington D.C. in May to represent California in the national contest. Councilman Rockoff extended congratulations both personally and on behalf of the community for the prestige the Chipman students have brought the community. Bakersfield, California, April 24, 1985 - Page 2 ~ I Mayor Payne presented a Proclamation to Mrs. Thelma Hobbs of the Womens' Christian Temperance Union, proclaiming the week of April 21 through April 27, 1985, as Youth Temperance Education Week in Bakersfield. Mrs. Thelma Hobbs presented the Council with a copy of an essay, bumper stickers, and, in observance of Youth Temperance Education Week, white grape juice. SCHEDULED PUBLIC STATEMENTS Mr. Jackie Fisher, 1801 Panorama Drive, Coordinator at Bakersfield College and President of the Annual Bakersfield College Martin Luther King, Jr. Scholarship Dinner Committee, invited the Council to the May ll, 1985, Dinner to be held at the Red Lion Inn. The purpose of the dinner is to raise funds for scholorships for social and economically deprived students of Bakersfield. Mr. Les Henderson Jr., 1115 Mathew Henson, spoke in sup- port of the Martin Luther King Jr. Center. Mr. Earl Keffer, 5608 Julie, spoke opment of parks and requested Council repeal Planning Commission approving Tract No. 4802, and Akers Roads. in support of devel- the decision of the located at Harris Mr. Harold Brown, 200 East 19th Street, President of B and D Brake Parts Incorporated, stated he was advised by City Staff in order to obtain a building permit he would have to make improvements of curb and gutter on Grove Street and side- walks on 19th Street, which he has done. He further indicated he has been advised he will be required to replace the street front- ing his property. He indicated he would pay for the materials but felt City staff should perform the work. Upon a motion by Councilman Childs, Mr. Brown's request for City assistance to complete paving of property located at 200 East ]9th Street, was referred to Staff for study and evaluation. City Attorney Oberholzer stated that Mrs. Sandra Campbell, 3813 Margola, wishes to speak regarding a tract located at Harris and Akers Roads that was recently before the Planning Commission. This matter is in a period during which it can be appealed to the City Council. If an appeal is filed, the Council will have to hold a public hearing. Consequently, it is inappro- priate for the Council to hear any matter regarding this issue during the appeal period. The deadline for filing an appeal is Friday, April 26, 1985. Mrs. Sandra Campbell, Clerk with petitions regarding Road. 3813 Margola, presented the City a tract located at Harris and Akers In answer to a question by Mrs. advised by City Attorney Oberholzer that be required. Sandra Campbell, she was a $25.00 filing fee would Mayor Payne further advised Mrs. Campbell the petitions would not suffice as an appeal, but to submit a letter stating she wished to file an appeal and the subject of the appeal. In answer to a question by Thomas Fallgatter, regarding the legality of Mrs. Campbell speaking, City Attorney Oberholzer stated the City Attorney has ruled there is a specific procedure in the law, or ordinance, for this type of appeal. The purpose of Bakersfield, California, April 24, 1985 Page 3 the law is to protect the rights of the citizens in the audience, if there is no procedure to protect those rights, citizens would be speaking to the Council and the Council would be without the power to do anything. In answer to a question by Mayor Payne, Councilman Dickerson stated the letter by Rob Hamlin, 5515 Krista Street regarding parking, housing developments and schools in the vicin- ity of Harris and Akers Roads, distributed to the Councilmembers, would be more appropriately heard at the time of an appeal hearing on this issue. Mayor Payne advised that the Council has determined the Scheduled Public Statements by Mr. Robert Pageh, Janet Newton and Diane Clerou, would be more appropriately heard after Report No. 4-85 from Urban Development Committee regarding Recommendations for Interim Parking Management Plan for Downtown Bakersfield. CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from Clyde Barbeau, Harris Road Group, 555 California Avenue, dated April 9, 1985, requesting a General Plan Amendment to Industrial for 60 acres on property bounded by Wible Road, Harris Road, Freeway 99 and Tracts 4060 and 3497 was received and referred to Planning Commission for study and recommendation. Upon a motion by Councilman Rockoff, communication from Moreland Corporation, 4520 California Avenue, Suite 200, dated April 11, 1985, requesting General Plan Amendment to Commercial on property located at 5101 and 5151 Ming Avenue, was received and referred to Planning Commission for study and recommendation. Upon a motion by Councilman Moore, communication from the Miscellaneous Departments, Fire and Police Civil Service Boards submitting Annual Report for 1984, was received and placed on file. Upon a motion by Councilman Christensen, communication from Kern Farmers' Market Association, dated April 8, 1985, requesting the use of south side of 23rd Street between "H" and "Eye" Streets for Certified Farmers' Market, was received and referred to Budget and Finance Committee for study and recommen- dation. Upon a motion by Councilman Childs, communication from State of California, Department of Transportation, P.O. Box 12616, Fresno, dated April 23, 1985, regarding access to 12.5 acre parcel at California Avenue and Oak Street, was received and referred to Staff with a report back to Council. Upon a motion by Councilman Barton, communication from Bakersfield Symphony Orchestra, 400 Truxtun Avenue, Suite 104, dated April 19, 1985, requesting $13,000 for Fiscal Year 1985-86, to defray costs of using the Civic Auditorium, was received and referred to Community Services Committee. Upon a motion by Councilman Ratty, communication from Tenneco Realty Development, P.O. Box 9380, dated April 24, 1985, requesting correction be made in Flood Insurance Rate Maps (FIRM), a provision to be added to the ordinance to allow for correction of FIRM and an offer of assistance in dealing with FEMA, was received and referred to City Attorney for consideration prior to final adoption. Upon a motion by Councilman Childs, communcation Steve E. Swenson, 1707 Eye Street, dated April 24, 1985, ing proposed Interim Parking Management Plan for Downtown Bakersfie]d, was received and referred to Staff. from regard- Bakersfield, California, April 24, 1985 - Page 4 "~'~ COUNCIL STATEMENTS After a lengthy statement, Councilman Ratty made a motion that the City Council find that the activities of Councilman Dickerson are not condoned or accepted by the Council and that Councilmember Dickerson is formally reprimanded for misusing his position to exert influence on developers and to establish city policy without Council approval. He called for the question after Councilmembers had an opportunity to respond. Councilman Christensen made a lengthy statement regard- ing the Mayor's conduct. Councilman Christensen read a letter from Mrs. Diana Buckowick, concerning Councilman Ratty's demeanor. Councilman Rockoff spoke in support of the motion. Councilman Childs stated he cannot condone Councilman Dickerson's actions. He is concerned about the affect Councilman Dickerson's activities have had on the City and the First Ward. Councilman Barton stated that he would like to keep encouraging Mr. Dickerson to work very diligently for his consti- tuents, but do it in a mannner recognizing that he is a one- seventh member of a legislative body that works for the entire City of Bakersfield. Upon a request by Councilman Ratty, City Attorney Oberholzer stated the Fair Political Practices Commission, as a result of the letter sent to them by Councilman Christensen and the then Councilman Means, conducted an investigation and issued a confidential report that he is not at liberty to release. However, the Fair Political Practices Commission did indicate a couple of months ago that it is appropriate to announce that the Commission found, after the investigation, there was no basis to continue the investigation against Councilman Ratty, based on the information they had gathered and that had been submitted to them. Councilman Moore stated Council has a policy procedure in place to accomplish and/or accommodate something that is needed in a Ward or the community and each member of the Council should follow that established procedure. It is important that an indi- vidual Councilman does not put himself in the position of spokes- man for the body or give the impression that individually the members are in a bargaining position for the City. An individual Councilman must not send mixed or confusing signals to the staff as they carry out the day-to-day routine of negotiating for the City with the development community. Councilman Dickerson stated that he feels he did nothing wrong and his approach is a hands on in developing and being involved in the developing and planning of his community. In answer to a question by Councilman Ratty, City Attorney Oberholzer stated the Charter provides for the authority of the Council. The authority of a Councilmember is only when he acts as a member of the Council. The Charter specifically provides the legislative powers of the City are vested in the Council, which consists of seven members. The powers of the oper- ation and administration of City government are vested in the City Manager, and that is also in the City Charter. The Charter spe- cifically provides the City Manager shall have the general super- vision and direction of the administrative operation of the City Bakersfield, California, April 24, 1985 Page 5 government. It is the duty of the City Council sitting as the Council to set the policy for the operation of City government, it is the duty of the City Manager to carry out that policy estab- lished by the City Council. It is the responsibility of the City Manager to carry out the day-to-day operation of city government and he will carry out that operation consistent ~ith the policy established by the Council and related to staff. After a very lengthy discussion, Councilman Dickerson made a substitute motion to refer the issue of a Councilmember's behavior to a policy committee to develop a thorough and compre- hensive development procedure for Councilmen, to at least discuss this issue. At some time in the future, if the Council still feels he stepped out of line, perhaps the Council can take and reissue their actions. Upon a motion by Councilman Christensen, the call for the question to cut off debate on the substitute motion by Councilman Dickerson was approved by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Christensen, Dickerson Noes: None Absent: None Barton, Childs, Councilman Dickersoh's restated substitute motion to send the issue of a Councilmember's authority to a policy committee for study, review and presentation back to the Council; the policy co~nmittee to be comprised of Councilmen Ratty, Rockoff and Dickerson, failed by the following roll call vote: Ayes: Councilmen Dickerson Noes: Councilmen Moore, Ratty, Rockoff, Absent: None Barton, Childs, Christensen Councilman Ratty's motion that the City Council find that the activities of Councilman Dickerson are not condoned or accepted by the City Council and that Councilmember Dickerson is formally reprimanded for misusing his position to exert influence over developers and established policy without Council approval, was approved by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Ratty, Rockoff, Barton, Childs, Councilman Christensen None Councilmen Moore, Dickerson Councilman Childs clarified his vote by indicating he has repeatedly asked Councilman Dickerson for reassurance that in the future he would adhere to the provisions of the Charter. His vote reflected his concern about Councilman Dickerson's answers. RECESS Upon a motion by Councilman Christensen, a brief recess was declared at 9:05 P.M., and the meeting was reconvened at 9:25 P.M. REPORTS Upon a motion by Councilman Barton, Report No. 4-85 from Urban Development Committee regarding Recommendations for Interim Parking Management Plan for Downtown Bakersfield, was moved for- ward on the Agenda to be heard immediately following Council Statements as Item No. 1 under Reports. Bakersfield, California, April 24, 1985 Page 6 Upon a motion by Councilman Barton, Deferred Business Item 3. c, as follows, was deferred to the meeting of May 8, 1985. DEFERRED BUSINESS Request from Heath and Company to erect a sign, 80 feet in height and 370 square feet in area, for the Rio Mirada Motor Inn at 4500 Pierce Road. Councilman Dickerson made a motion relative to parks in the Sixth Ward, to have the City attempt to form a Park Maintenance District along Stine Road on the west, Edison Canal on the south, the 99 Freeway on the east, and Pacheco Road on the north. Councilman Rockoff made a substitute motion to refer request to establish a park maintenance district in the area bounded by Stine Road on the west, Edison Canal on the south, Highway 99 on the east and Pacheco Road on the north to the Auditorium and Community Services with input from staff and a report back to the Council. the Councilman Christensen made an amended motion to refer the issue of a park to staff to report back to the Council as to what should be done about a park and the best recommendation. Councilman Rockoff's substitute motion to refer the request to establish a maintenance district for a park in an area bounded by Stine Road on the west, Edison Canal on the south, Freeway 99 on the east and Pacheco Road on the north, to the Auditorium and Community Services for study and input from staff with recommendation to come back to the Council was approved. Councilman Dickerson was absent. Councilman Moore stated as the Council's Liason to Kern COG, both City and Kern COG staff traveled to Sacramento. He and Assemblymen Rogers and Wyman presented testimony, and writ- ten correspondence was presented from Senator Stiern and Supervisor Shell. He read a portion of a letter from Bruce Laconde, Chairman of the CalTrans Commission, that was sent to Supervisor Shell indicating the California Transportation Commission adopted the 1985-86 Listing of Transit Capital Improvement Projects. The Bakersfield Inter-Model Transportation Facility was included in the adopted list and therefore, will be eligible for funding during the coming year. Councilman Childs read a letter from the East Bakersfield Optimist Club, dated April 4, 1985, expressing their appreciation for his recent appearance and candid comments as their featured speaker, and indicated a Resolution was recently adopted by the membership to start the "Optimist Club Committee to Improve Opportunities in Southeast Bakersfield". He also requested the letter and resolution be placed on file. Upon a motion by Councilman Childs, preference for AB 514, by the residents of the Southeast Bakersfield Area, would be included in the Pre-Application Package. This motion was unani- mously approved. Councilman Dickerson made a motion to refer to the Auditorium and Community Services Committee for study and recom- mendation a recommendation that a park area be formed in the area bounded by Planz Road on the north, Freeway 99 on the east, Pacheco Road on the south and Stine Road on the west. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Moore, Barton, Councilmen Ratty, Rockoff Councilman Christensen Childs, Dickerson Bakersfield, California, April 24, 1985 Page 7 Mr. Wesley Crawford, 705 Pacheco Road, representing DOOR, Defense of Offenders' Rights, stated he came before the Council approximately one month ago asking for support of Ex- offender's rights and his request was referred to Committee. asked for an update on the status of his request. He REPORTS Councilman Barton, Chairman of the Urban Development Committee, read Report No. 4-85 regarding Recommendations for Interim Parking Management Plan for Downtown Bakersfield, as follows: On March 25, 1985, this committee met with staff to discuss the issue of downtown parking. Although the Redevelopment Agency has taken a major step forward in resolving the problem of parking in our downtown shop- ping area with the construction of our 18th and Eye Street Parking Structure, several important issues remain outstanding and con- tinue to demand solutions. It is the feeling of this committee and recom- mended to the Council that a comprehensive management plan for downtown parking continues to be an important issue, and staff should continue working towards the development of such a plan. Several issues, however, demand, in our opinion, the establishment of policy and guidelines on an interim basis. They are as follows: 1. TIME LIMITS FOR DOWNTOWN CURBS par~ing spaces ill tl~e downtown core area are availaOle for customers, shoppers, and visi- tors to the downtown; 2) to provide incen- tives that encourage the people who work and operate businesses in the downtown to find off-street parking or parking that does not take up these valuable parking resources from shoppers; and 3) to encourage the use of the parking structure or other existing structures or lots in the downtown. After a comprehensive survey of the existing time limits for curbside parking in the down- town, we are recommending the following: The elimination of curbside parking on "H" Street between Truxtun Avenue and 21st Street, and the reasons stated are that parking on 17th Street between "F" and "L" Streets be limited to one hour except for those locations where no parking is permitted; and further, because of 18th Street's status as a major collector, that a study be undertaken to develop a Specific Plan relative to striping, parking regulations, landscaping, and treatment to the parkway areas. We are recommending that park- ing on 19th Street be limited to 90 minutes to provide adequate parking resources and time limits to serve shoppers and business patrons coming to the downtown. We are recommending Bakersfield, California, April 24, 1984 - Page 8 that parking on 20th Street be treated simi- larly to that of 19th Street, and we are re- commending that parking on 21st Street between "F" and "L" Streets be limited to one hour parking. In addition, because of the status of 21st Street as a major collector, we are recommending a study be conducted for the pur- pose of generating a Specific Plan that delin- eates the parking requirements, striping, and improvements to the parkway area. We are re-~ commending that "L" Street, Chester Avenue, "G" Street and "F" Street be limited to one hour parking except in those locations where less time is allowed for loading, unloading, and no parking. It is recognized by this committee that the major impacts of these recommended time limits will be on those areas where two hour and five hour parking time limits currently exist. It is the feeling of this committee that these limitations will impact those individuals who are employees, business owners, or operators in the downtown that are presently utilizing curbside parking, and as such, they should be making an effort to find permanent off-street parking. This would free the curbside parking for visitors and shoppers to the downtown. This would serve to reinforce and implement the City's goal for providing parking resour- ces for the shopper and visitors to the down- town as stated within the adopted Downtown Redevelopment Element. Finally, we are recommending that staff be directed to monitor the progress of these new time limits and to implement the limits on a gradual basis to allow ample time for individ- uals working in the downtown to adjust to the new parking requirements. We are directing staff to report on a quarterly basis the results of these new parking limitations so that their effects and impacts may be reviewed by this Council. 2. THE IN-LIEU PARKING ORDINANCE The In-Lieu Parking Ordinance established several years ago to provide an alternative for businesses wishing to develop in the down- town who were unable to meet their parking requirements has been a controversial issue from time to time. We are recommending that the In-Lieu Parking Ordinance remain in place thus allowing its use as an alternative should a prospective property owner or business oper- ator wish to do so. We are recommending that businesses which choose this as a mechanism for meeting their parking requirements be close- ly monitored so that payments are made on a timely basis, and we are directing staff to place all payments received in a special account to be used for the development of additional parking resources in our downtown. Bakersfield, California, April 24, 1985 - Page 3. DISTANCE REQUIREMENTS FOR MEETING REMOTE PARKING OR OFF-SITE PARKING REQUIREMENTS Relative to the in-lieu parking requirements, we are recommending that the 500 foot limita- tion for remote parking for meeting parking requirements on a remote location be increased to 1,000 feet. This would permit most busi- nesses within the downtown core area to util- ize the various parking structures and parking facilities within the downtown thus providing a second alternative to meeting certain required parking standards. 4. PARKING REQUIREMENT STANDARDS FOR THE DOWNTOWN AREA This issue deals with the development of parking standards for downtown. We recognize that parking needs and parking standards within the downtown core area are different than standard shopping or office environments in suburban centers. With the high cost of parking, high density factors of structures, the ready availability of public transit faci- lities, and the ability to car pool within a centralized urban core, parking standards for downtown businesses must be carefully structured to provide adequate resources while at the same time encourage and provide incentives for more efficient use of our transportation and parking resources. The recently adopted Genera] Plan Redevelopment Element for the downtown proposes some fundamental changes with our parking standards. This committee is recommending that these standards be studied and codified as quickly as possible and brought to this Council during the initial codification efforts for the General Plan which are presently underway. CITIZEN PARTICIPATION This committee and senior staff members dealing with this issue have, on numerous occasions, met with business owners, property owners and members of the Downtown Business Association. Their ideas, concerns and input were valuable and were taken into account within these recommendations. We recommend that staff cnn- tinue these routine meetings and consult with businesses that may be affected by changes in parking time limits. We recognize that tom-. promise will be required and, thereby, direct staff to note and recognize any situations wherein an increase or reduction in parking time limits would seriously affect the ability of the business owners to carry out their business routines. Upon a motion by Councilman Barton, Urban Development Committee Report No. 4-85 regarding Recommendations for Interim Parking Management Plan for Downtown Bakersfield was accepted. Upon a motion by Councilman Dickerson, a public hearing regarding Recommendations for Interim Parking Management Plan for Downtown Bakersfield was approved. Bakersfield, California, April 24, 1985 Page 10 Mr. Robert Pageh, 1633 19th Street, stated if there will be a public hearing he would appreciate knowing the exact date in order that his comments can be made at that time. Upon a motion by Councilman Barton, a public hearing regarding Recommendations for Interim Parking Management Plan for Downtown Bakersfield was set for May 15, 1985. This motion was approved with Councilman Christensen absent. Janet Newton, 2115 22rid Street, representing the Bakersfield Newspaper Guild, spoke in opposition to the Interim Parking Management Plan. Diane Clerou, Employee Relations Manager for the Bakersfield Californian, representing Jerry K. Stanners, requested the Council defer action on the Interim Parking Management Plan until the City can respond to Mr. Stanners' April 3, 1985, pro- posal to trade The Bakersfield Californian property located at the southwest corner of 17th and Eye Streets for parking spaces in the City's 18th and Eye Street Garage. Kenny Reed, President of the Downtown Business Association, suggested that individuals who are concerned about parking attend workshops held by the Downtown Business Association. Upon a motion by Counciman Dickerson, Item J. 1., Con- tinued Public Hearing on the proposed adoption by the Council of the Kern River Plan Element and proposed Negative Declaration to the Bakersfield Metropolitan Area General Plan, was moved forward on the agenda. HEARINGS This is the time set for continued public hearing before the City Council on the proposed adoption by the City Council of the Kern River Plan Element and proposed Negative Declaration to the Bakersfield Metropolitan Area General Plan. This hearing was continued from the Council Meetings of December 19, 1984 and March 13, 1985, to allow time for staff to review all written and spoken testimony. The public portion of this hearing was closed at the meeting of December 19, 1984. Margo Bark, representing Western Oil and Gas Association, provided the City Clerk with a written comment for the record and expressed concern that Council abide by the section regarding Mineral and Petroleum Operations and whatever is reason- sable in order to floodproof those operations. She also stated that there were many inconsistencies within the Kern River Plan Element. Councilman Dickerson made a motion to set an additional time to discuss the Kern River Plan Element and, in the interim, that staff and appropriate individuals have an opportunity to dis- cuss the staff's recommendation, and return on May 1, 1985 at 7:00 p.m. George Nickel, Rio Bravo Ranch, Public Hearing be continued in order that comments. requested that the all individuals may make Councilman Dickersoh's motion to continue the Public Hearing on the Kern River Plan Element to May 1, 1985 at 7:00 p.m. failed with Councilman Christensen absent and Councilman Childs voting aye. Bakersfield, California, April RECESS 24, 1985 Page 11 Upon request by Councilman Childs, the meeting was recessed at 11:20 p.m. and reconvened at 11:25 p.m. Upon a motion by Councilman Moore the public hearing will be continued tonight and Council will hear any testimony that has not previously been heard or discussed regarding new items generated as a result of staff comments and recommendation. George Nickel provided a letter dated April 24, 1985 and correspondence from Ball, Hunt, Hart, Brown and Baerwitz to be placed on file. Mr. Stephen Wall, Counsel for Chevron, spoke regarding inconsistencies in the Plan pertaining to petroleum extraction and states the Plan is in conflict with the Flood Plan Ordinance. He urged the Council to require staff to meet with his company regard-. ing five areas of concern. Community Services Manager Dow suggested the word- ing in Chapter 3.4.3 No. 11, "designated area 2.5" be changed to "designated floodway maps". Councilman Ratty made a motion to include in the Kern River Plan, in the definition for permanent development, the wording "except for oil and gas wells". This motion was unani- mously approved with Councilman Christensen absent. Councilman Ratty made a motion to include the lan- guage in Chapter 3.4.3 No. 14, which provides "except that grading, filling or construction that is necessary to allow for the oilfield floodproofing that may be required by the provisions of this Plan." This motion was unanimously approved. Cindy Moore, representing the Bakersfield Board of Realtors, expressed concerns that the staff report recognizes the need for an EIR because it calls for one by the developers in a piecemeal fashion; and the Plan and Staff Report call for acquisi- tion of land by the community for the public good by means of a condition of development that is not to purchase it for value. Acquisition of land should be through eminent domain or proper compensation. Councilman Moore made a motion ommendations with the addition of those concurred with in changes to the Plan to approve the staff rec- items that Council has Tim Gannon, 2400 Silver Drive, requested that the Council go on record that the City would not take property from the individuals without compensation for these purposes and that the property will not be required for irrevocable offers of dedication until after a Specific Plan for the trail has been adopted and the EIR has been done. Tom Fallgatter expressed concern that the Kern River Plan has been in the hands of the City for 6 months and requested that it be voted on tonight. Upon a motion by Councilman Barton, the Kern River Plan issue was tabled for 25 minutes in order for Mr. Gannon and City staff to come to agreement on language in the Plan. REPORTS City Manager Caravalho summarized Manager's Report No. 2-85 regarding Genera] Plan Update "Bakersfield 2010", as follows and requested Council's approval to proceed. Bakersfield, California, April 24, 1985 Page 12 The Bakersfield Metropolitan Area General Plan was adopted by both the City of Bakersfield and the County of Kern in 1961. The plan included a Land Use Element with Residential, Commercial, Industrial, School, and Local Park Planning Policies, and a Circulation Element with Street and Highway Planning Policies. Since 1961, the City has expanded its bounda- ries and area from 17 square miles with a pop- ulation of 59,000 to 78 square miles with a present estimated population of 137,000. State law has also been amended to require additional general plan elements. During this time frame and with expansion of city boundaries, the city adopted a Noise Element, Public Service and Facilities Element, Safety Element, Conservation Element, Open Space Element, Housing Element, Downtown Redevelopment Element and also a State College Area General Plan covering 19 square miles in the Southwest portion of the city as well as the Rio Bravo Area General Plan which included 21 square mile annexation located in the Northeast. The main purpose for the General Plan update is a comprehensive review of the existing Land Use, Circulation and Public Facilities and Utilities Elements and development policies and the expansion of said plans to include all areas within the city's Sphere of Influence. The update would also include a review and amendment, where required, of all elements of the General Plan to comprise an integrated, internally consistent and compatible statement of policies. The plan also includes a new Economic Development Element which would include a sta- tistical city profile, discuss economic effects of growth, identify desirable economic growth sectors, consider alternative develop- ment models and state the city's Economic Development Policies and programs. The expansion of the General Plan into the City's adopted Sphere of Influence will require an intergovernmental planning effort between the City, County of Kern, and the Kern Council of Governments (KCOG). Kern County has recently adopted the Greenfield Area Genera] Plan, Rosedale Area General Plan and the Year 2000 plan which includes areas out- side the city, but within the city's Sphere of Influence. These plans will have to be reviewed and coordinated with the city's program. The Kern Council of Governments is the state designated regional transportation planning agency for this area. The City, County and KCOG transportation plans are required to be consistent. It is proposed that KCOG be a major funding source for trans- portation studies. ~ Bakersfield, California, April 24, 1985 - Page 13 Cost of the proposed General Plan update is approximately $510,000 including an environ- mental impact report covering the entire pro- cess. We would anticipate approximately $280,000 for the first year and $230,000 for the second year. The bulk of the work should be done by con- sultants working with existing city staff for the various departments. In addition to the City Council and Planning Commission involve- ment, very strong citizen participation should also be a part of the planning program. With City Council approval, the staff will prepare an overall work program and send Request for Proposal to qualified consultants. We plan to have a consultant on board by August 1, 1985, a plan ready for public hear- ing by February, 1987, and final adoption July I, 1987. Generally outlined below is elements and the additional required. the status of the work that would be LAND USE ELEMENT The basic plan for the city was adopted in 1961 and framed its policies around a doubling of population by 1980. In the 1970's substan- tial amendments were made to accommodate growth to the southwest and northeast. It should be reviewed for internal consistency, consistency with other more recently adopted policies and plans, and consistency with pre- sent and future needs of the metropolitan area. NOISE ELEMENT The Revised Noise Element for the existing General Plan area is in public hearings should be adopted by July 1, 1985. Expansion of the General Plan area would require additional noise contour studies as the city annexed into those areas. CIRCULATION ELEMENT The City's adopted Circulation Element is more than 20 years old. It has been modified or updated over a period of years, but is not an adequate planning document for projected traf- fic needs. The County of Kern is also in the process of developing a new Circulation Element and our work has to be coordinated with that agency. PUBLIC FACILITIES AND UTILITIES ELEMENT The present Public Facilities element is more than 15 years old and does not address the city's needs in the metropolitan area. The new element should address the needs for sew- erage systems including wastewater disposal, domestic water supply and drainage system. Bakersfield, California, April 24, 1985 - Page 14 SAFETY ELEMENT The Safety Element should be revised to include the Seismic Safety Element which is 85 percent complete. The original Safety Element was adopted in 1976 (as a separate element from the Seismic Safety Element). Updating this element and combining it with the Seismic Safety Element would require the coordination and gathering of information available in the Seismic Safety Element, City of Bakersfield Emergency Plan, and the Kern County Flood Evacuation Plan. Because the Seismic Safety Element would constitute a large share of the Safety Element, the Safety Element update would be considered to be 70 percent complete. CONSERVATION ELEMENT The City adopted appropriate portions of the County Conservation Element in 1973. This element should be completely revised to con- sider the new project area boundary changes and conservation technology and policy since 1973. OPEN SPACE ELEMENT The city adopted the appropriate portions of the county's Open Space Element in 1973. This element should be revised to consider the new project area needs and update goals and poll-, cies regarding open space and the provision of parks. HOUSING ELEMENT The Housing Element was adopted in 1982 through a joint effort with the county. A city update was adopted in 1984. The county is now preparing its own update to the Housing Element. When complete, these should be republished as a joint Housing Element for the project area, with slight revision to satisfy existing law. City portion 95 percent complete. The estimated costs of this undertaking is: Land Use Element Circulation Element Noise Element Safety Element Conservation, Parks and Open Space Element Housing Element Economic Development Element Public Facilities and Utilities Element Environmental Impact Report $70,000 100,000 30,000 15,000 40,000 10,000 20,000 140,000 85,000 $510,000 Anticipated funding is from the following: City Revenue Sharing Water Department Sewage Disposal Redevelopment Agency County Kern COG $160,000 50,000 50,000 40,000 35,000 175,000 $510,000 Bakersfield, California, April, 24, 1985 - Page 15 No. 2-85 request Upon a motion by Councilman Ratty, Manager's Report regarding General Plan Update "Bakersfield 2010" and to proceed was approved. No. 3-85 follows: City Manager Caravalho summarized City Manager's Report regarding Excellence in Local Government Management, as I am very interested in instituting an Excellence in Local Government Program in the City of Bakersfield. I would appreciate it if the Mayor and City Council would be available the last week in May to begin this program, along with all management personnel. The intent would be to start with the policy makers and then work with the department heads and subsequently with tile manage- ment and supervisory personnel. The program would include making an assessment of our organization, its strengths and weaknesses and then going through the training process to become familiar with the primary elements in a successful organization. The City Council would also get involved in discussing its role, where it is going, what you want to achieve, how can we better serve the community, and what our pri- orities are. The program will require an interview session with the trainer, as well as one day of your time to go through the program. The estimated cost for all city personnel is approximately $6,000. Please find attached a short pamphlet on this management training program. I will be prepared to discuss this in more detail at the Council Meeting. Upon a motion by Councilman Ratty, a Council workshop regarding "Excellence in Local Government Management" was set for June 1, 1985. This motion was approved with Councilmen Christensen and Dickerson absent. Councilman Childs read Report No. 2-85 regarding Proposed Legislation, as follows: The Council Legislative Committee met on Wednesday, March 29, 1985, to discuss several legislative matters that have been referred to the committee by the City Council. The following is a summation of the various legislative items presented to the committee. The Federal Budget Staff reported on the anticipated impact created by the reduction or elimination of general revenue sharing and Housing and Community Development Block Grant Programs. The committee reviewed the list of items that have been budgeted primarily in the areas of capital improvements over the last two years. Based upon a review of these items, the committee felt that the federal government should freeze the level of general revenue sharing at its current level, thus saving monies for the federal government but at the same time allowing local govern- ment to adjust to the reduction in funds over a period of a year or two. The Fair Labor Standards Act The committee discussed the impact of this legislation on the City. A workshop had been scheduled to provide additional information by the League of California Cities as to the impact of this legislation, especially as it relates to public safety functions. A report was requested from Richard Russell, Assistant City Manager, on this matter. Bakersfield, California, April 24, 1985 - Page 16 ~ ~ Senate Bill 290 (Foran) The Californians for Better Transportation Committee requested that the City of Bakersfield support the pro- posed Senate Bill 290. The Committee felt that there should be some assurance that the Californians for Better Transportation goal should be to lobby for increasing our fair share and not merely increase local funding of road projects. It was suggested that staff examine the Californians for Better Transportation pro- posal with Kern COG and the County and determine whether in fact we are getting our fair share of gas tax funds and consider placing more emphasis in this area rather than supporting increasing taxes. The committee made a motion that the Public Works Manager be directed to dis- cuss this issue with Kern COG and report back with a recommendation. AB 512 (Floyd) - Union Veto of PERS Contract Amendments The effect of this legislation is to give public employ- ees organization a veto power over public agencies con- tractual rights to amend its contract. In short, this measure would prevent local governments from unilater- ally amending its contract after meeting and conferring with employee bargaining groups, as is the current prac- tice. Motion was made to oppose AB512 and passed with Council Member Childs abstaining. AB 564 - Workers Compensation Cancer Presumption for Peace Officers Under the provision of the bill, cancer is include under the definition of injury for workers compensations pur- poses. The cancer manifesting itself is presumed to have risen out of, and in the course of, employment. A presumption is a mechanism to provide nearly automatic compensation for the injury when there is often no link between the job and the injury. Because of the presump- tion clause, many safety officers receive compensation for "injuries" which are typically the result of life- style (i.e.: smoking, obesity, etc.) than the job. Motion was made and unanimously passed to oppose AB 562. AB 190 and AB 425 - Mandatory Peace Officer Time Bank Under current law, Peace Officer Time Bank can now be negotiated locally between an employer and an employee organization. This measure would mandate local govern- ment to allocate a specific amount of time for each officers to work on employee relations matters. It is felt that this matter should be part of the negotiations process and not be mandated by the state. A motion was made and unanimously passed to oppose this legislation. Councilman Childs made a motion to accept the report approve the recommendations contained therein, and that the Council support Senate Bill 290. and Councilman Barton amended the motion that the Council take each bill and file the report individually and vote on it. The motion was approved with Councilmen Christensen and Dickerson absent. Upon a motion by Councilman Childs staff was proceed with the committee's recommendation regarding Budget. directed to the Federal Bakersfield, California, April 24, 1985 Page 17 Councilman Childs made a motion to direct Public Works Manager to discuss the issue of SB 290 with Kern COG and report back with a recommendation. Councilman Moore made a substitute motion to support Senate Bill 290. This motion was approved with Councilmen Christensen absent and Councilman Rockoff abstaining. Upon a motion by Councilman Childs, the committee recom- mendation opposing AB 512 was approved with Councilman Christensen absent and Councilman Childs abstaining. Councilman Childs requested a correction to page 3, of Report No. 2-85 from the Legislative Committee, from "AB 562" to "AB 564." mendation absent. Upon a motion by Councilman Childs, the committee recom- opposing AB 564 was approved with Councilmall Christensen Upon a motion by Councilman Childs, the committee recom- mendation opposing AB 190 and AB 425 was approved with Councilman Christensen absent. Councilman Ratty, Chairman of Relations Committee read Report No. 1-85 Memorial Library, as follows: the Intergovernmental regarding Proposed Beale The Intergovernmental Relations Committee met last week with City and County staff and discussed the location for a new Beale Memorial Library. At that time we learned that a task force from the County Administration Office has studied three potential locations for this facility. These locations are: 1. Truxtun Avenue between "M" & "N" Streets 2. 19th Street between "K" & "M" Streets 3. Truxtun Avenue between "Q" & "S" Streets As a result of this study, they are recommending that the Board of Supervisors authorize County staff to nego- tiate terms of the project with City representatives. They are of the opinion that the third site, Truxtun Avenue between "Q" & "S" Streets best suits the needs for the Beale Memorial Library. This location provides ample off-street and street parking, reasonable proxim- ity to downtown and the Civic Center; adequate space for construction of other community and/or cultural buildings; excellent vehicular access and immediate availability. It is estimated that the library and cultural center could cost $13,500,000. Included in this cost is a request for the City to donate City owned property of approximately one-half block and the street and alley property located in the project area. This would require the City to close "R" Street and alleys running through the proposed site, as well as the closure of 16th Street in order to provide sufficient area for the project. The Council's Intergovernmental Relations Committee is in concurrence with the County's decision to relocate the Beale Memorial Library to the Truxtun and "Q" Street site and we would recommend that the Council go on record approving this concept. Also we would recommend that the staff continue discus- sions with the County regarding the City's commitment for this project. Bakersfield, California, April 24, 1985 Page 18 Upon a motion by Councilman Ratty, staff was directed to continue discussions with the County regarding the City's commit- ment to the Beale Memorial Library location, with Councilman Christensen absent. Councilman Rockoff indicated for the record that he would prefer the site located at 19th between "K" and "M" Streets which would enhance the downtown redevelopment. Councilman Ratty, Chairman of the Intergovernmental Relations Committee read Report No. 2-85 regarding Freeway 99 Widening Projects, as follows: The Intergovernmental Relations Committee met last week with the County and discussed a proposal submitted by Cal Trans District 6. This proposal was asking that the County and City give consideration to revise the state highway construction schedule by substituting a six-to- eight-lane conversion on Freeway 99 between California Avenue and Rosedale Highway (currently unfunded) for a four-to-six-lane conversion on Freeway 99 between Panama Lane and Ming Avenue (currently funded). The Panama to Ming project has been in the funded cycle for approxi- mately three years with construction scheduled for 1986-87 at an estimated cost of $4.2 million. The California to Rosedale project was the County's highest unfunded priority for last year and remains the same this year. No new projects are being added this year due to lack of funding. If these two projects are substituted, the earliest pos- sible construction would be for 1988-89. Consideration is being given for the substitution because of the higher traffic warrants for the California to Rosedale section over the Panama to Ming section. While there are definitely more current traffic problems on the California to Rosedale section and more dollars would be spent than now scheduled, the substituted project would not be considered until two years later. Due to the uncertainty of its proposal, this committee, along with the committee from the Board of Supervisors, is recommending that Cal Trans District 6 continue with the Panama to Ming project as scheduled and that the California to Rosedale project be considered for con- struction during 1988-89. Councilman Ratty made a motion to accept Report No. 2-85 from the Intergovernmental Relations Committee and the recommenda- tions contained therein. This motion was approved with Councilmen Christensen and Dickerson absent. Councilman Barton, Chairman of the Urban Development Committee read Report No. 3-85 regarding Bakersfield City School District Request for Imposition of Fees on Residential Development. The Board of Trustees for the Bakersfield City School District has passed a resolution requesting that the City Council and the Kern County Board of Supervisors acknowledge over-. crowding conditions at 13 school attendance areas and impose development fees. This request is in keeping with past approvals for the school districts of Panama Union, Greenfield Union, Rosedale Union and Buena Vista under Chapter 15.70 of the Bakersfield Municipal code. This request differs in that not all school attendance areas in the District are being designated as overcrowded. Bakersfield, California, April 24, 1985 Page 19 After reviewing the legal basis for the request and past approvals, the Urban Development Committee met on April 8, 1985, with George Palmer, Assistant Superintendent, to examine the designated school attendance areas, discuss the criteria used for overcrowding, and any mitigating measures taken. The committee was concerned that the original fees requested were above those requested by other school districts. Mr. Palmer stated that, although the District felt that the higher fees could be justified, the following would be requested by the Board which are identical to fees previously approved for othe school districts. Single-family dwellings, $1,300 with three or more bedrooms Single-family dwellings 700 with less than three bedrooms Apartments, residential condomini- 500 ums, and residential mobile homes The committee also met with David Price, III, Executive Vice President of the Building Industry Association of Kern county, to dis- cuss the Building Industry's concern about the imposition of fees. The BIA will be meeting with the School District to pass on those con- cerns, particularly that mitigating measures to overcrowding be pursued before imposing fees. Based upon information presented to the Council by the School District and reviewed by this committee, it appears that conditions of overcrowding do exist in the attendance areas identified by the District and that fees requested do not exceed amounts permissible under Chapter 15.70. The designated atten- dance areas are: 1 2 3 4 5 6 7 8 9 10 11 12 13. Casa Loma Elementary School Chipman Jr. High School Compton Jr. High School Eissler Elementary school Emerson Jr. High School Hort Elementary School Harding Elementary School Longfellow Elementary School Voorhies Elementary School Washington Jr. High School Frank West Elementary School Mr. Vernon Elementary School Sierra Jr. High School The Committee recommends that the matter be scheduled for public hearing on May 8, 1985, and that, absent evidence to the contrary at such hearing, the Council concur in the Board's findings to overcrowding and approve the fees requested, subject to adoption of tile same fees for development in the unicorporated area of the District by the County Board of Supervisors. Upon a motion by Councilman Barton, Report No.3-85 from the Urban Development Committee regarding Bakersfield City School District request for Imposition of Fees on Residential Development was accepted and approval of the implementation of the recommendations. Bakersfie]d, California, April 24, 1985 Page 20 HEARINGS CONTINUED Assistant Planning Director Hardisty explained the word- ing to be included in the Kern River Plan as agreed upon by Mr. Tim Gannon, as follows: "That the irrevocable offers of dedi- cation or dedication will not be required for bicycle paths, or aquestrian trails until a Specific Trails Plan has been adopted." He further indicated that the words, "To the extent as permitted by law" should be included on page 13 of the Plan prior to the wording "Foot access along the river shall be allowed for uses such as fishing, nature study and photography. Developed trails shall not be required in these areas in order to minimize any dis- turbance to naturally occurring conditions, except as may be in violation of any existing laws or ordinances." Councilman Moore made a motion to accept the action of staff with the changes that the Council The motion was approved by the following roll call recommended has agreed to. vote: Ayes: Noes: Absent: Councilmen Moore, Ratty, Rockoff, None Councilmen Christensen, Dickerson Barton, Childs REPORTS Report from City Attorney regarding Airpark Acquisition Negotiations. City Attorney Oberholzer indicated that the City has agreed on a sale price with the owners for the Airpark Acquisition, and it is based upon the appraisal that will be used by the FAA to fund the project. Councilman Barton made a motion, that the negotiated sale price for the Airpark Acquisition be referred to the Budget and Finance Committee for their review and recommendation to the City Council and that the Committee continue to monitor and recommend to the City Council all aspects of the acquisition, operation and grant program for the Bakersfield Airpark, which was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claims Nos. 5853 to 6314, inclusive, in the amount of $1,175,610.53 Claim for Damages from Bruce Duncan, 214 Harris Drive, Oildale. (Refer to City Attorney) Ce Claim for Damages from Anita Gonzales, 1105 Ralston #A, Bakersfield. (Refer to City Attorney) de Claim for Damages from Pacific Bell, 1010 Wilshire Boulevard, Los Angeles. Refer to City Attorney) ee Claim for Damages and Personal Injuries from Norma Yvette Ramirez and Rebecca D. Ramirez, c/o H. Dennis Beaver, 1311 "L" Street, Bakersfield. (Refer to City Attorney) Claim for Personal Iajuries from Oscar Cadena, c/o Michael J. Webb, Attorney, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) Bakersfield, California, April 24, 1985 Page 21 me P Claim for Personal Injuries from David L. Gray, c/o Law Offices of Sandy English, 330 Washington Street, Suite 504, Marina del Rey. (Refer to City Attorney) Claim for Damages and Personal Injury from Bruce Cravins, c/o Michael J. Webb, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) Compromise and Release of Workers' Compensation Claim of Retired Firefighter for $70,000.00. Compromise and release of Workers' Compensation Claim of Retired Police Captain. Street Right-of-Way Deeds from American Savings and Loan Association for addi- tional dedication for realigning a por- tion of Pacheco Road and dedication of a portion of Harris Road as required by the Planning Commission for General Plan Amendment 1-85, Segment III, located be- tween Pacheco and Harris roads, east of Wible Road. Street Right-of-Way Deed from Willis M. Powell and Lorranie Powell providing street right-of-way as required of de- velopment located on the south side of Panama Lane at Monitor Street. Improvement Agreement for Parcel Map 7481 with DSL/Griffith II for improvements required by the Planning Commission for Parcel Map 7481 located south of Rosedale Highway and 1/4 mile west of Highway 99. Notice of Completion and Acceptance of Work on Construction of Bridges on Coffee Road and Kern River Canal and Arvin-Edison Canal, Contract No. 84-163 with Tumblin company Application for Encroachment Permit from Tom O. and Sherry E. McClure, 5408 Tupper Court, Bakersfield for construction of n six foot fence behind the sidewalk on O'Neil Street at 5408 Tupper Court. Application for Encroachment Permit from Rick & Mary Martha Stewart, 5412 Claire Street, Bakersfield for the construction of a six foot wood fence behind the side- walk on O'Neil Street at 5412 Claire Street. Application for Encroachment Permit from Carnation Company, 201 Union avenue, Bakersfield for the construction of a concrete transformer pad and six foot chain link fence on Second Street behind the sidewalk at 201 Union Avenue. Plans and Specifications for portions of City Hall, Fire and Senior Citizen's Center. reroofing Station No. Bakersfield, California, April 24, 1985 - Page 22 ~ · Plans and Specifications for bathroom remodel at Fire Station No. 2. t. Plans and Specifications for resurfacing portions of Beal-e Avenue between Monterey Street and Pearl Street. Plans and Specifications for repairing and resurfacing a portion of Chester Avenue between Truxtun Avenue to 24th Street. Plans and Specifications for construction of 8" sewer pipe in Union Avenue, approx- imately 400 feet north of California Avenue. Improvements Contract entered into be- tween American Savings and Loan Association and/or Auto Mall Associates for construction of improvements and pay- ment of a portion of traffic signal costs as required for General Plan Amendment 1-85, Segment III, located south of Pacheco Road, east of Wible Road. Request for Leave of Absence for Telecommunicator II, R. A. Strickland. Upon a motion by Councilman Rockoff, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s, t, u, v, w, and x, the Consent Calendar, were approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Moore, Ratty, Rockoff, Barton, None Councilmen Christensen, Dickerson Childs ACTION ON BIDS Upon a motion by Councilman Barton, bid from Western Fire Equipment Company in the amount of $27,242.00, for Firefighting slip-on unit for 4 wheel drive vehicles, was accepted. Upon a motion by Councilman Barton, bid from Vallley Tree & Construction Company in the amount of $4,800.00, for demo- lition of substandard dwellings was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, bid from Granite Construction in the amount of $159,239.00 for base bid plus Additions A and B was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, bid from Granite Construction Company in the amount of $54,159.00 to resuface por- tions of Akers Road and Monitor Street was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, bid from American Fence Company for the Base Bid plus Addition A in the amount of $40,661.00 was accepted, al! other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, bids from Kern Delta Equipment (two items) and Whirten Excavation (four items) in the amount of $40,000 and $41,250 inclusive for annual contract for Operated Drag Line and Excavators was accepted, all other bids rejected and the Mayor was authorized to execute the contracts. Bakersfield, California, April 24, 1985 - Page 23 Upon a motion by Councilman Childs, bid from Pargas in the amount of $6,879.40 for Propane Annual Contract #57185, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, bid from Bakersfield Tractor and Implement Company in the amount of $17,325.70 for Trencher for Public Works was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, bid from Valley Auto Parts in the amount of $4,270.78 for miscellaneous automobile fil- ters was accepted, all ther bids rejected and the Mayor was authorized to execute the contract. DEFFERED BUSINESS Adoption of Ordinance No. 2970 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by chaaging the Land Use Zoning of those certain pro- perties in the City of Bakersfield located in an area commonly known as the Lowell Addition. Upon a motion by Councilman Childs, Declaration and Ordinance No. 2970 New Series, following roll call vote: Negative was adopted by the Ayes: Councilmen Moore, Ratty, Rockoff, Noes: None Absent: Councilmen Christensen, Dickerson Barton, Childs Adoption of Ordinance No. 2971 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain pro- perties in the City of Bakersfield located south of Pacheco Road to Harris Road, east of Wible Road to Freeway 99. Upon a motion by Councilman Moore, Negative Declaration and Ordinance No. 2971 New Series, was adopted by following roll call vote: the Ayes: Councilmen Moore, Ratty, Rockoff Barton, Childs Noes: None Absent: Councilmen Christensen, Dickerson Request from Center Neon Company, Inc. erect a sign 75 feet in height, for Sizzler Restaurant at 1000 Real Road. to Upon a motion by Councilman Moore, request from Center Neon Company, Inc. to erect a sign 75 feet in height, for a Sizzler Restaurant at 1000 Real Road, was approved in concurrence with the Planning Commission decision. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amend- ing Ward Boundaries. Bakersfield, California, April 24, 1985 Page 24 Adoption of an Emergency Ordinance No. 2972 of the Council of the City of Bakersfield adding Chapter 15.74 to the Bakersfield Municipal Code relating to Flood Damage Prevention. George Austin, Tenneco Oil Company, requested the addi- tion of the following words, "except as provided specifically under Chapter 17.42.020" to be added to the end of Chapter 15.74.200, in order for this ordinance to coincide with the zoning ordinance. Dave Price, representing Building Industry Association, stated that the effort is extensive with regard to the Emergency Ordinance. He outline some concerns within the standards of con- struction relative to floodproofing residential basements. Upon a motion Councilman Barton an Emergency Ordinance No. 2972 of the Council of the City of Bakersfield was adopted by the following rol! call vote: Ayes: Noes: Absent: Councilmen Moore, Ratty, Rockoff, Barton, Childs None Councilmen Christensen, Dickerson Adoption of Resolution No. 60-85 of the Council of the City of Bakersfield Initiating Proceedings for the Annexation of Territory to the City of Bakersfield Identified as Proceeding No. 865, Annexation No. 295, in accordance with LAFCO Resolution Making Determination (CALIFORNIA AVENUE NO. 5). 60-85 of following Upon a motion by Councilman Childs, Resolution No. the Council of the City of Bakersfield was adopted roll call vote: by the Ayes: Noes: Absent: Counc None Counc ilmen Moore, Ratty, ilmen Christensen, Rockoff, Barton, Childs Dickerson Zoning Resolution No. 322 of the Council of the City of Bakersfield denying the Appeal of Abdullatif Alawdi from the decision of the Board of Zoning Adjustment denying a Conditional Use Permit affecting that certain property as hereinafter described and zoned as an R-3 (Limited Multiple Family Dwelling) to allow a Retail Food Market in an existing commercial structure that has been vacant more than one year on that certain prop- erty commonly known as 1121 - 11th Street. This Resolution sets forth the decision of the Council following the appeal hearing on this matter held on March 27, 1985. Upon a motion by Councilman Childs, Zoning Resolution No. 322 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Noes: None Absent: Councilmen Christensen, Dickerson Barton, Childs Bakersfield, California, April 24, 1985 Page 25 Adoption of Resolution No. 61-85 of the Council of the City of Bakersfield Setting Salaries and Related Benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Ratty, Resolution No. 61-85 adopting salaries and supplemental benefits for General Supervisory, Police Supervisory and Management Personnel Supervisory, Police Supervisory and Management Personnel, also adopting the job specifications for Director of Water Resources, Assistant Director of Water Resources and Economic Development Director, by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Noes: None Absent: Councilmen Christensen, Dickerson Barton, Childs Upon a motion by Councilman Ratty, a 7~ percent salary increase for the City Attorney, effective July 7, 1985, was approved by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Noes None Absent: Councilmen Christensen, Dickerson Barton, Childs Upon a motion by Councilman Ratty, Council approved maintaining the existing medical insurance program for the City Attorney, by the following roll call vote: Ayes: Counc Noes: None Absent: Counc ilmen Moore, Ratty, Rockoff, ilmen Christensen, Dickerson Barton, Childs Councilman Ratty made a motion to allow the City Attorney to carry over unused vacation days, up to 180 days, instead of receiving an annual payment with any absence over a two-week period to have Council approval. This motion was approved by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Noes: Councilman Childs Absent: Councilmen Chistensen, Dickerson Barton Councilman Ratty made a motion to approve the benefit package, as granted the Management Unit, except as may be modified herein, for the City Attorney. The motion was approved by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Noes: None Absent: Councilmen Christensen, Dickerson Barton, Childs Upon a motion by Councilman Ratty, the City Attorney's salary and benefit package, as approved by the Council, shall be included in Resolution No. 61-85, by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Noes: None Absent: Councilmen Christensen, Dickerson Barton, Childs Approval of Agreement No. 85-63 with the County of Kern for Traffic Control Signal System and Lighting at the Intersection of Belle Terrace and Stine Road. Upon a motion by Councilman Barton, Agreement No. 85-63 was approved and the Mayor was authorized to execute the agreement. Bakersfield, California, April 24, 1985 - Page 26 Approval of Agreement No. 85-70 with the County of Kern for the funding of the Installation of Automatic Gates and Flashing Lights on Gosford Road at Southern Pacific Crossing. Upon a motion by Councilman Ratty, Agreement No. was approved and the Mayor was authorized to execute the agreement 85-70 Approval of Agreement No. 85-64 between the City of Bakersfield and the County of Kern for construction of asphalt concrete/fabric overlay on portions of Beale Avenue. Upon a motion by Councilman Childs, Agreement No. 85-64 was approved and the Mayor was authorized to execute the agreement. Presentation of Preliminary Ten-Year Capital Improvement Program 1985-1995 Upon a motion by Councilman Moore, Preliminary Ten-Year Capital Improvement Program 1985-1995, was received and referred to the Planning Commission for determination of consis- tency with the General Plan. ADJOURNMENT There being no further business to Council, upon a motion by Councilman Barton, adjourned at 2:00 a.m. come before the the meeting was MAYOR of the City of Bakersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfie]d, California Calif. Bakersfield, California, May 8, 1985 Minutes of a regular meeting of the Council of the City of Bakersfie]d, California, held in the Council Chambers City Hall at 7:00 p.m., May 8, 1985. of The meeting was called to order by Mayor Payne, fol- lowed by the Pledge of Allegiance and Invocation by Reverend Carolyn Tyler of Cain Memorial A.M.E. Church. The City Clerk called the roll as follows: Present: Mayor Absent: None Payne. Councilmen Ratty, Rockoff, Barton, Childs (seated at 7:10), Christensen, Dickerson, Moore PRESENTATION BY MAYOR Councilman Moore presented a plaque to Beth Friedman in appreciation for her dedication to Crime Prevention in the community. Police Chief Price expressed appreciation for Beth Friedman's effort, her participation in the Crime Liaison Committee, and acquiring a grant in the amount of $75,000 for crime prevention. Beth Friedman thanked the Mayor, City Council, friends and family for their participation in this effort. Mayor Payne read a Proclamation proclaiming May 6-14, 1985 as National Dispatcher's Week in the City of Bakersfield. Tom Shipley, Communications Center Supervisor of the Bakersfield Police Department stated he was priviledged to receive the Proclamation and that it was much appreciated. SCHEDULED PUBLIC STATEMENTS Mary Churchmore Bultman, Panama City, Republic of Panama, spoke regarding the Julian Curtis Bultman Memorial which was presented to the City of Bakersfield on April 18, 1979. RECESS The Council meeting was recessed at 7:35 p.m., in order to allow time to view the Bultman Collection on display the lobby. The Council meeting was reconvened at 7:45 p.m. SCHEDULED PUBLIC STATEMENTS Bob Hutchinson, 5404 Claire Street, stated that there is a lack of parks in the Seventh Ward. He feels each Councilman should review his Ward and consider the development taking place relative to whether parks should be developed. City Manager Caravalho recommended that the issue of parks in the Seventh Ward be referred to the Auditorium and Community Services Committee. Staff has completed a report on the Sixth and Seventh Wards relative to this issue and a meeting is scheduled on May 13, 1985, with this committee to deal with the short-term problem. Councilman Dickerson made a motion that in considering the elements of the General Plan, staff should consider the Open Space Parks and Recreation issue first. Councilman Ratty made a substitute motion to refer the issue of parks in the Seventh Ward to the Auditorium and Recreation Committee to report back to the Council. This motion was unanimously approved. Bakersfield, California, May 8, 1985 Page 2 Martin Milobar, 154 E. White Ln., spoke in opposition to the acquisition of his property for the Airpark expansion. Deputy City Manager Strenn stated that there have been discussions with Mr. Milobar, and staff is still considering options for realignment. She stated that a full presentation regarding the Airpark will be made at the Special Meeting of May 15, 1985. Upon a motion by Councilman Rockoff, Mr. Milobar's opposition to the acquisition of his property for the Airpark expansion was referred to the Budget and Finance Committee. Lisa Smith, 5113 Marina Drive, requested that restric- tions be imposed on oil production in the southwest area, but clarified that she did not want this production shut down. Marian Bradshaw, 5301 Marina Drive, spoke regarding oil production in the southwest area. She stated that she has met with staff and they will be meeting with the property owners. John Duemmel, 2009 Talisman Drive, spoke in opposition to the bond issue for a health care facility. Councilman Rockoff suggested that Mr. Duemmel submit his remarks in writing to City staff. Jim Rummeli, 5909 Meadow Oaks Ct., stated that he has approximately two inches of standing water in his driveway approach almost year round, that this problem occurs throughout the tract, and the tract has never been finalized by the City of Bakersfield. He also questioned why land was not set aside in this area for parks. Councilman Rockoff made a motion to refer the issue of the standing water in this tract to the Urban Development Committee with a report back to the Council within 30 days. This motion was unanimously approved. RECESS The City Council Meeting was recessed at 9:45 p.m. and reconvened at 9:55 p.m. Colleen Ashley, 233 "H" Street, representing Be Glad, requested permission to erect a banner on Chester Avenue which would advertise the May 31st event at Contel in recognition of Deaf Awareness Month. Councilman Childs recommended that the request to erect a banner advertising the event for Deaf Awareness Month be deferred until a report has been received from Assistant City Manager Russell. Otis Page, Highway 58, west of Buttonwillow, spoke regarding toxic wastes being dumped in Kern County and the Buttonwillow area. He requested that the Council pass a resolu- tion supporting the Board of Supervisors in their action to obtain an Environmental Impact Report (EIR) for dumping toxic wastes in the area. Thomas Fallgatter, 1430 Truxtun Avenue, Suite 448, stated that once any local toxic waste dump has been approved by the County, it cannot be controlled by the County as to the geo- graphic originations of the waste to be dumped there. Councilman Dickerson made a motion to adopt a resolu- tion supporting the Kern County Board of Supervisors and Concerned Citizens to Stop Dumping's request to have an EIR com- pleted prior to making a decision to relocate the material in the McColl Hazardoust ~e C~l~y take a stano in 1o~oying in ButtonwiIIow; tha W te mp S'te in FuLlertQn.to thet~cility Bakersfield, California, May 8, 1985 - Page 3 State legislature in regard to the impacts it will have upon the City's image; and if the resolution is passed, that it be referred to the Legislative Committee and possibly join suit with the County against this effort. City Manager Caravalho recommended that the matter of the resolution regarding toxic waste dumpings be referred to staff for review, comment and recommendation back on May 15, 1985. Councilman Dickerson made an amended motion to accept the language of the resolution, which is stated in communication presented by Thomas Fallgatter, dated May 7, 1985, and refer the resolution to staff for their review and recommendation back to the Council on May 15, 1985. This motion was unanimously approved. CORRESPONDENCE Upon a motion by Councilman Barton, communication from Kern County Commission on Aging, 1415 Truxtun Avenue, dated April 24, 1985,regarding rent stabilization ordinance for mobile home parks, was received and referred to the Urban Development Committee. Upon a motion by Councilman Christensen, communication from Schools Legal Service, 5801 Sundale Avenue, dated April 25, 1985, regarding notification of available school district prop- erty for sale was received and referred to staff. Upon a motion by Councilman Rockoff, Management and Internal Accounting Control recommendations, from Price Waterhouse, dated June 30, 1984, and City staff response to the recommendations were received and referred to the Budget and Finance Committee. Upon a motion by Councilman Rockoff, communication from Newport Federal, dated April 17, 1985, requesting Inducement Resolution for Industrial Development Bonds to build a 99-bed Convalescent Hospital, was received and referred to the Budget and Finance Committee. Upon a motion by Councilman Childs, communication from Cliff Silveira, Saint Joseph Parish Council, P.O. Box 2103, dated May 1, 1985, regarding City-owned property lying between Baker Street and King Street and adjacent to Freeway 178, was received and referred to staff for negotiations. Upon a motion by Councilman Rockoff, correspondence from various developers requesting Housing Development Assistance was received and referred to the Budget and Finance Committee for review. Upon a motion by Councilman Dickerson, the correspon- dence from the City of Placenta, dated May 1, 1985, regarding AB 1327, was referred to the Legislative Committee. Adoption of Resolution No. 62-85 of the Council of the City of Bakersfield supporting Assembly Bill 1327 Providing for the elimination of the Fifty Percent (50%) Registered Voter Protest Rule. Upon a motion by Councilman Dickerson, Resolution No. 62-85 of the Council of the City of Bakersfield, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Ratty, Rockoff, Barton, Childs, Dickerson, Moore None None Christensen, Bakersfie]d, California, May 8, 1985 - Page 4 Upon a motion by Councilman Ratty, communication from Heath and Company, 5401 Business Park South, Suite 210 regarding appeal to the decision of the Planning Commission denying free standing pylon sign 24 feet in height and approximately 80 square feet located at Del Taco Restaurant, 1300 Wible Road, was received and referred to the City Clerk to schedule for public hearing. Upon a motion by Councilman Childs, communication from S.W. Hair Construction, Inc., P.O. Box 9806, dated May 6, 1985, requesting the right to purchase property designated as an aban- doned alley access located on the east side of Oak Street be- tween 16th Street and the A.T. & S.F. Railroad, was received and referred to staff for study and recommendation. Upon a motion by Councilman Rockoff, communication from Randall Rudnick & Matrix Land and Development, Inc., P.O. Box 1737, Davis, dated May 8, 1985, requesting vacation of a five-foot strip of alleyway surrounding Lot No. 125, Tract 4117, was received and referred to staff for study and recommendation. COUNCIL STATEMENTS Councilman Moore reported the last Emergency Preparedness Drill was very successful and the evaluation was extremely positive. He outlined a letter received from the Independent Insurance Brokers in regard to the City's sponsor- ship of an Earthquake Preparedness Seminar that was conducted at the Civic Auditorium, and acknowledged Chief Needham and Chief Kelly for their efforts in emergency preparedness. Councilman Moore stated that he has received a letter from the National Association of Regional Councils asking for him to represent Bakersfield in the National Association of Regional Councils' Task Force. Councilman Dickerson made a motion to support: Councilman Moore's endeavor to represent the City in the National Association of Regional Councils' Task Force. This motion was unanimously approved. Councilman Rockoff stated ter from Western Geophysical, which residents informing them of seismic appreciation for their notification. that he has received a let- has been circulated to the testing, and he expressed Councilman Rockoff stated there are two vacancies on the Citizen's Auditorium Committee. He distributed the resume of Karen Car]son, 2323 East Hills Drive, No. 13, and at the next Council Meeting he will nominate her to the Citizen's Auditorium Committee. Councilman Dickerson made a motion that when Council meetings reach 11:00 p.m., the meeting be recessed until the following Wednesday. Councilman Christensen expressed concern that Council meetings are proceeding into the early morning hours and that citizens are not able to attend the meetings. He also suggested that the switchboard be visible to all Council members, staff and citizens. Councilman Moore suggested that the Mayor, City Manager, City Attorney, and City Clerk meet to discuss stream- lining and improving the agenda. Councilman Dickerson made a substitute motion to refer the issue of the late meetings to staff to meet with the Mayor and to come to some agreement in order to expedite the agenda. This motion was unanimously approved. Bakersfield, California, May 8, 1985 - Page 5 Councilman Childs read correspondence he received from Dan Lunkin, regarding a Need to Clean Up Brundage Avenue and Stockdale Highway. Councilman Childs made a motion to refer the correspondence to staff for review and comment, which was approved. RECESS Councilman Dickerson made a motion for a 5-minute recess at 10:00 p.m. Mayor Payne reconvened the City Council Meeting at 10:10 p.m. Councilman Dickerson made a motion directing staff to study and make a recommendation to revamp the light board, which identifies the Councilmen wishing to speak, to a more equitable system visible to the public. The motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore Councilman Ratty None Councilman Christensen read the resolution which would regulate smoking in City Hall and would supersede Resolution No. 109-77. He then called for the vote. the smoki with empl 30 days. vote: Councilman Rockoff made a substitute motion to refer ng restriction issue to the City Manager to consult oyees and come back to the Council with the results in This motion was approved by the following roll call Ayes: Noes: Absent: Councilmen Ratty, Rockoff, Moore Councilman Christensen None Barton, Childs, Dickerson, Councilman Christensen spoke in opposition to the cen- sorship of Councilman Dickerson on April 24, 1985. censorshi facts. Councilman Dickerson stated he did not feel Council's p of him was appropriate because they did not have any REPORTS Councilman Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. 2-85 regarding Request from Bakersfield Symphony Orchestra for $13,000 Appropriation during 1985-86 Season and a reduction in Grand Piano Rental Rate, as follows: Attached to this report are two requests from the Bakersfield Symphony Orchestra. The first request is an appropriation of $13,000 for the 1985-86 Fis- cal Year. The Orchestra's costs for the use of the Civic Auditorium were $13,200 last year, and they are requesting the City to continue maintaining a break-even relationship with the Symphony by appro- priating an amount equivalent to their costs. The second request is for a reduction in the rental rate for the grand piano at the Civic Auditorium. The present rate is $350 for each use, and their request is that it be lowered to $200. Bakersfield, California, May 8, 1985 Page 6 The Auditorium and Community Services Committee is in agreement with the first request, and we would recommend that the City Council instruct the City Manager to place the $13,000 in the 1985-86 budget and that the Council consider this worthwhile pro- gram during the 1985-86 budget hearings. The committee took no action on the second request for a rental rate reduction on the grand piano. We would recommend that this issue be considered by the full Council. Upon a motion by Councilman Christensen, Report No. 2-85 regarding request from Bakersfield Symphony Orchestra for $13,000 appropriation during 1985-86 season and a reduction in grand piano rental rate, was accepted. Councilman Childs made a motion to maintain the pre- sent rental fee of $350 for the grand piano and deny the request for a reduction in rental rate for the grand piano. The motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Ratty, Rockoff, Barton, Childs, Councilmen Christensen, Dickerson None Moore Councilman Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. 3-85 regarding request of Crime Prevention Committee for free use of Auditorium, as follows: At the April 10, 1985, City Council meeting, Ms. Beth Friedman, President of the Kern County Crime Prevention Task Force, requested the free use of the Civic Auditorium on Sunday, September 8, 1985. The Crime Prevention Task Force will be holding a Crime Prevention Fair as part of its efforts to educate the community on that date. The Auditorium and Community Services Committee met with Ms. Friedman recent]y, and she indicated that this event is held in Fresno and attracts approxi- mately 20,000 people. The Kern County Crime Prevention Task Force is in hopes of an equally successful event for Bakersfield. The local commu- nity will be volunteering its efforts with many organizations taking part. This committee is in full support of this program and the Crime Prevention Fair. We have requested that staff work with Ms. Friedman through our Police Department Crime Prevention Coordinator to either pay for this out of the City's crime preven- tion grant or through contacts in the community to raise enough money to pay for the use of the Civic Auditorium, which is approximately $675. Ms. Friedman was in agreement with this, and we wish her much success on September 8, 1985. No. 3-85, free use Upon a motion by Councilman Christensen, Report regarding request of the Crime Prevention Committee for of Auditorium, was accepted. City Manager Caravalho reported (Report No. 4-85) on the Model City Charter Revision stating that it relates to the National Municipal League which is in the process of updating the Model City Charter for local government. Mr. Caravalho rec- ommended that the City contribute $2,000 towards this project. Bakersfield, California, May 8, 1985 - Page 7 Councilman Moore made a motion to accept the City Manager Report No. 4-85 and the request to participate in the Model City Charter Revision. The motion was unanimously approved. Hearings approved. Councilman Dickerson made a motion to move forward portion of the agenda. This motion was unanimously the HEARINGS This is the time set for public hearing for the purpose of considering adoption of a Resolution making findings and setting forth fees to finance interim school facilities payable as a condition of approval of residential development, for relieving the overcrowded conditions in the Bakersfield City School District in those portions of the Casa Loma, Eissler, Hort, Harding, Longfellow, Voorhies, Frank West, and Mt. Vernon Elementary, and Chipman, Compton, Emerson, Washington, and Sierra Jr. High school attendance areas of the district that are in the City of Bakersfield. Mayor Payne declared the hearing open for public par- ticipation. Mr. Steve Hartsell, Attorney for Schools Legal Service, requested that the Council establish three levels of fees; $1,300 for a separate family residence, $700 for a two- bedroom home, and $500 for apartments. The fees were developed to finance interim school facilities for relieving the over- crowded conditions in the school attendance areas. Herb Cole, Superintendent of City Schools, stated that they have exhausted the avenues available for building fees. He stated that other options that are convenient to other districts are not available to this district. Dan Kimm, 2709 Rosemary Drive, representing Parents for Quality Education, stated that they are in support of porta- ble classrooms in the area only if they qualify, and explained why he felt the funds were not available for this effort. He requested that the resolution go back to the Urban Development Committee to be amended to include protective measures in case the district spends all the money they acquire from the sale of schools. Dave Price, representing the Building Industry Association of Kern County, requested that this item be con- tinued in order that discussion can take place with the District, the Association and City staff. Councilman Christensen made a motion to recess the meeting to Wednesday, May 15, 1985. This motion was defeated. Bakersfie]d, California, May 8, 1985 Page 8 C3 Frank Fecetti, General Counsel for Schools Legal Service, representing the Bakersfield City School District, refuted some of the statements made by Dave Price. He stated that if there is going to be a hault in the approval of these fees then there should be a hault in the issuance of building permits until the matter is decided. Frank Sousa, 6704 Saddleback Drive, spoke in opposi- tion to giving the responsibility of the fees to the builders. Jenney Calhoun, 5700 Lancer Drive, spoke in opposition to the fees established. there Urban Bernell Dickinson, 3904 be a 30-day recess and that Development Committee. Panorama Drive, requested that it be referred back to the No further protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilman Childs made a motion to refer the consider- ation of the adoption of a Resolution making findings and set- ting forth fees to finance interim school facilities, payable as a condition of approval of residential development, for reliev- ing the overcrowded conditions in the Bakersfield City School District in those portions of the Casa Loma, Eissler, Hort, Harding, Longfellow, Voorhies, Frank West, and Mr. Vernon Elementary, and Chipman, Compton, Emerson, Washington, and Sierra Jr. High school attendance areas of the district that are in the City of Bakersfield, to the Urban Development Committee and that a response be made to the Council within 30 days. Upon a motion by Councilman Rockoff, the hearing was reopened for public participation, with an abstention by Councilman Dickerson. Councilman Dickerson made a substitute motion to con- tinue the issue of the adoption of the Resolution to the meeting of May 22, 1985. Mr. Price indicated that he would be out of town and would not be able to attend the May 22nd meeting. City Attorney Oberholzer stated, in response to Councilman Moore's question, that if the City adopts the find- ings of the school district and those findings are not valid it is incumbent upon the school district to defend any action that may be brought challenging the action of the City Council. Councilman Dickerson made a motion to call for the question which was unanimously approved. Councilman Dickerson's substitute motion, to continue the hearing on the Resolution setting fees for attendance areas of the school district to May 22, 1985; and, in the interim time, that discussions are to be held between the people involved and the Urban Development Committee; and that a report be brought back, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Rockoff, Childs, Dickerson, Councilmen Ratty, Barton, Moore Christensen Mayor Payne Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council, the Mayor shall east the deciding vote, Mayor Payne voted Aye. Bakersfield, California, May 8, 1985 Page 9 Upon a motion by Councilman Ratty, New Business Item 4, a Resolution of the Council expressing intention to donate and convey to the County City-owned property and abandoned street and alley rights-of-way in the area bounded by "Q" Street, Truxtun Avenue, "S" Street and 16th Street to complete site for new Beale Memorial Library was moved forward on the agenda to be heard at this time. NEW BUSINESS Resolution No. 65-85 of the Council of the City of Bakersfield Expressing its intention to donate and convey to County of Kern City-owned Property and abandoned street and alley rights-of-way in the area bounded by "A" Street on the west, Truxtun Avenue on the north, "S" Street on the east, and 16th Street on the south to complete the site for new Beale Memorial Library. Councilman Ratty made a motion to adopt Resolution No. 65-85. Richard Monje, attorney for Mosesinn Development Corporation, stated that the County may prefer that the City not contribute the land directly to the County at this time. He stated, contingent upon the County Council's decision, that the County may want to have the City lease the land to the developer until the project is developed. When the County decides they want to purchase the building, then the City would contribute the land to the County. City Attorney Oberholzer indicated that language would be included in the resolution to cooperate with the County of Kern for development of the site for a Library. Upon a motion by Councilman Ratty, Resolution No. 65-85 of the Council of the City of Bakersfield was by the following roll call vote: approved Ayes: Councilmen Ratty, Rockoff, Moore, Noes: None Absent: Councilman Christensen Barton, Childs, Dickerson, HEARINGS This is the time set for public hearing before the Council for hearing protests by persons owning real property or any registered voter residing within territory designated as "Garnsey Annexation" proposed to be annexed to the City of Bakersfield. Mayor Payne declared the hearing open for public par- ticipation. Albert TinsIcy, 200 Garnsey Avenue, spoke in opposi- tion to the Garnsey Annexation. Allen Champion, 148 N. McDonald, requested assurance that he can park his recreation vehicle in his side yard. Deputy City Manager Strenn responded that there is ordinance currently that would restrict anyone from parking their vehicle in their side yard. no Fred Bower, 1 Candy, stated that with the mectings of the Council being so long, if 50 percent of the people in the area attended the meeting, they probably would have signed a petition. Bakersfield, California, May 8, 1985 Page 10 No further protests or objections being received, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Moore, staff was directed to prepared a resolution making findings to be presented at the May 15th Council Meeting. This is the time set for public hearing before the Council for hearing protests by persons owning real property or any registered voter residing within territory designated as "Chester Avenue No. 1" proposed to be annexed to the City of Bakersfield. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, the public portion of the hearing was closed for Council delibera- tion and action. Upon a motion by Councilman Dickerson, staff was directed to prepare a resolution making findings to be presented at the May 15th Council Meeting. This is the time set for public hearing before the Council for hearing protests by persons owning real property or any registered voter residing within territory designated as "Panama No. 4" proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Dickerson, directed to prepare a resolution making findings at the May 15th Council Meeting. staff was to be presented Upon a motion by Councilman Dickerson, the issue of the approval of Phase II of the Intergovernmental Relations Committee Report No. 2-82 related to City/County Fire Protection was the next item to be heard. NEW BUSINESS Approval of Phase II of the Intergovernmental Relations Committee Report No. 2-82 related to City/County Fire Protection. Pursuant to the Joint City/County Intergovernmental Relations Report No. 2-82, dated March 3, 1982, Phase II of the City/County Fire Protection Plan has been evaluated and it is recommended that it be implemented during May 1985, as amended in the November 17, 1982, Report No. 6-82 regarding Addendum to the Joint City/County Fire Station Relocation Plan. Phase II (FY 83-84) - Fire Station No. 2 at 716 E. 21st Street to remain open. Incorporate the County Ladder Company into the Plan to replace City Ladder Company No. 2 and establish a Captain's position for the County Ladder Company. Replace County fire personnel at County Station No. 66 at Stockdale Highway and E1 Rio Drive with personnel from City Ladder Company No. 2 and one firefighter's position from City Station No. i at 2101 "H" Street. Councilman Dickerson recommended that an alternative way be found to keep this ladder company intact. He expressed concern that if the Council puts this ladder company out of service that the Council is sending a message that it is not concerned about the quality of fire protection in the City. Bakersfield, California, May 8, 1985 Page 11 After further discussion, Councilman Ratty made a motion to adopt Phase II of the City/County Fire Prevention Plan, which was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Ratty, Rockoff, Councilman Dickerson Councilman Christensen Barton, Childs, Moore CONSENT CALENDAR The following items were listed on the Consent Calendar: a. &llowance of Claims Nos. 6315 to 6611, inclu- sive, in the amount of $911,388.82. b. Claim for Damages from Edward Kent Holland, c/o Jere N. Sullivan Jr. Attorney at Law, 1400 Chester Avenue, Suite R, Bakersfield. (Refer to City Attorney) Claim for Damages from Scott Schoene Smith, Rt. 5 Box 240, Bakersfield. (Refer to City Attorney) d. Claim for Damages from Melvin C. Nickerson, 6200 Spice Way, #7, Bakersfield. (Refer to City Attorney) Claim for Damages from Jerry Darrol Ellis, 5516 Fountain View Way, Bakersfield. (Refer to City Attorney) Claim for Injuries from Charles Stanley Pierce, 5900 Stacey Street, Bakersfield. (Refer to City Attorney) Application for Leave to Present Late Claim from Jose J. Valenzuela, c/o Attorney Michael J. Webb, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) Payment of Workers' retired Firefighter Department. Compensation Benefits to a for the Bakersfield Fire Street Right-of-Way Dedication from Mark D. and Barbara J. Farnum providing an easement for public streets as required by the Planning Commission for Parcel Map No. 7563, located on the north side of Brundage Lane, westerly of Quantico Avenue. Street Right-of-Way Deed from Saddleback Development Company, Ltd., for additional street right-of-way required for Tract 4345-C, located westerly of Old River Road and south- erly of Fraser Road. Public Utilities Easement from Mobiltown Company for public utilities as required by the Planning Commission for Parcel Map 7134, located easterly of Manor Street on the south side of Denise Avenue. Notice of Completion and Acceptance of Work on: Traffic Signal System at White Lane and Fambrough; White Lane and Stine Road; Planz Road and Stine Road, Contract No. 84-250, with Intersection Management Systems, Inc. Tract No. 4716, Contract No. 84-164, located on the south side of Pacheco Road east of Akers Road, with Tommie Townsend. Bakersfield, California, May 8, 1985 - Page 12 Application for Encroachment Permit from Terry D. Cunningham, 3700 Canadian Street, for the installation of a six-foot fence along the back of the sidewalk on Vincent Street at the side yard of 3700 Canadian. Plans and Specifications for Chester Avenue and Brundage Lane sewer replacement. Plans and Specifications for construction of storm drains on Myrtle Street between Brundage Lane and Bank Street and on "F" Street at 30th Street. pe Plans and Specifications for construction of street improvements on portions of South "H" Street. Upon a motion by Councilman Rockoff, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, and p, of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Moore Noes: None Absent: Councilmen Christensen, Dickerson ACTION ON BIDS Upon a motion by Councilman Childs, the low bid from Pacific Pipeline Survey was rejected and staff was authorized to reeva]uate the project and readvertise for bids. Upon a motion for the one tone stencil Director was authorized by Councilman Barton, all bids received truck were rejected and the Finance to readvertise for bids. Upon a motion by Councilman Rockoff, the low bid of Granite Construction in the amount of $229,429.00, for improvements of Columbus Street between Auburn Street and Panorama Drive and Oswell Street between Freeway 178 and Columbus Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bid from Jensen International, Inc., in the amount of $69,332.42, for a high pressure sewer cleaner truck, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid from Granite Construction Company, in the amount of $19,332.00, for Stockdale Highway Pavement repairs between Cal State Bakersfield and Kern River Bridge, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, low bid from E & S Electrical Contractors, in the amount of $92,220.00, for traffic signal modifications on "H" Street at 4th Street, Belie Terrace and Wilson Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Dickerson, low bid from Bakersfield Sandstone, in the amount of $23,364.00, for Carpet for Police Department, was accepted, all other bids rejected and the expenditure of funds in the amount of $1,364.000 from sav- ings in completed projects was authorized. Upon a motion by Councilman Dickerson, low bid from A. C. Electric, in the amount of $32,218.00, for traffic signal modifications on Wible Road at Wilson Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, May 8, 1985 - Page 13 Upon a motion by Councilman Moore, low bid from Granite Construction Company, in the amount of $75,64].00, for the Base Bid plus Addition A for resurfacing portions of Sundale Avenue, between La Puente Drive and Bermuda Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price within the amount budgeted, for forty-five pagers, with Motorola Communications. Upon a motion by Councilman Moore, usual bidding requirements were waived, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price, not to exceed $8,600.00 with American Seating. DEFERRED BUSINESS Adoption of Ordinance No. 2973 New Series of the Council of the City of Bakersfield amending Ward Boundaries. Upon a motion by Councilman Ratty, Ordinance No. New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: 2973 Ayes: Noes: Absent: Councilmen Ratty, Rockoff, Councilman Dickerson Councilman Christensen Barton, Childs, Moore Deferral of request from Heath and Company to errect a sign, 80 feet in height and 370 square feet in area, for the Rio Mirada Motor Inn at 4500 Pierce Road. Request from Heath and Company to erect a sign 65 feet in height for LaQuinta Motor Inn/Kettle Restaurant on Riverside Drive approximately 250 feet east of Pierce Road. Upon a motion by Councilman Rockoff, request from Heath and Company to erect a sign, 80 feet in height and 370 square feet in area, for the Rio Mirada Motor Inn at 4500 Pierce Road, and request to erect a sign 65 feet in height for LaQuinta Motor Inn/Kettle Restaurant on Riverside Drive approximately 250 feet east of Pierce Road, was deferred to the May 15, 1985 meeting. NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the land use zoning of that certain property in the City of Bakersfield located on the northeast corner of Fortune Street and Panama Lane. Adoption of Resolution No. 63-85 of the Council of the City of Bakersfield recognizing an area of the City for Enterprise Zone designation. Upon a motion by Councilman Barton, Resolution No. 63-85, of the Council of the City of Bakersfield w~s adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Ratty, Rockoff, Moore None Councilman Christensen Barton, Childs, Dickerson, Bakersfield, California, May 8, 1985 - Page 14 Councilman Ratty made a motion to send a message of intention to the County that all legal means will be used to acquire the site for the new Beale Memorial Library. The motion was unanimously approved. Adoption of Resolution No. 64-85 of the Council of the City of Bakersfield recog- nizing an area of the City for designation under the Employment and Economic Incen- tive Act. 64-85, by the Upon a motion by Councilman Childs, Resolution No. of the Council of the City of Bakersfield was adopted following roll call vote: Ayes: Noes: Absent: Councilmen Ratty, Rockoff, Barton, Childs, Dickerson, Moore None Councilman Christensen Community Development Block Grant Application Upon a motion by Councilman Barton, Development Block Grant Annual Application was referred to the Budget and Finance Committee. the Community received and RECESS Upon a motion by Councilman Barton, the meeting was recessed at 2:25 a.m., until Wednesday, May 15, 1985, at 7:00 p.m. MA'f~O~ of the City of Baker~'ield, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Cqq:rg Bakersfield, California, May 15, 1985 Minutes of a Special Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., May 15, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Clyde Wasdin, First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Absent: None Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore, Ratty Minutes of the Regular Meeting of April 10, 1985, were approved as presented. Councilman Dickerson made a motion to allow Councilmen the opportunity to discuss issues of information or concern to the City or Council during this meeting. Councilman Ratty stated that this meeting was set up to handle specific business, and procedures should be followed. Councilman Childs made a substitute motion to con- tinue with the agenda, and if a Councilman has something to say other than the agenda items, he can request to speak. Councilman Childs called for the question wh~ich was approved. Councilman Childs' substitute motion, with the agenda and if a Councilman then wishes thing, he can request to speak, was approved by roll call vote: to continue to say some- the following Ayes: Councilmen Rockoff, Barton, Moore, Ratty Noes: Councilman Dickerson Absent: None Childs, Christensen, Councilman Dickerson objected to tonight's proceedings stating they are in violation of the Brown Act because a Special Meeting was called for this date which is in the minutes. City Attorney Oberholzer responded that tonight's meeting is a legally constituted meeting. In a Special Meeting, persons may speak only regarding issues on the agenda. However, the Council is following the agenda for a Continued Meeting. DEFERRED BUSINESS Adoption of Resolution No. 66-85, of the Council of the City of Bakersfield making findings that a majority protest has not been made and ordering the territory desig- nated as Proceeding No. 862, Annexation No. 294, (Panama No. 4) annexed to the City of Bakersfield. Bakersfield, California, May 15, 1985 - Page 2 Upon a motion by Councilman Ratty, Resolution No. 66-85, of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes~ Absent: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty None None Christensen, Adoption of Resolution No. 67-85, of the Council of the City of Bakersfield making findings that a majority protest has not been made and ordering the territory designated as Proceeding No. 856, Annexation No. 291, (Rosedale No. 2), annexed to the City of Bakersfield. Upon a motion by Councilman Christensen, Resolution No. 67-85, of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Adoption of Resolution No. 68-85, of the Council of the City of Bakersfield making findings that a majority protest has not been made and ordering the territory designated as Proceeding No. 860, Annexation No. 292, (Garnsey) annexed to the City of Bakersfield. Upon a motion by Councilman Christensen, Resolution No. 68-85, of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Adoption of Resolution No. 69-85, of the Council of the City of Bakersfield making findings that a majority protest has not been made and ordering the territory desig- nated as Proceeding No. 861, Annexation No. 293, (Chester No. 1) annexed to the City of Bakersfield. Upon a motion by Councilman Christensen, Resolution No. 69-85, of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Bakersfield, California, May 15, 1985 - Page 3 Deferral of action on a request from Heath and Company to erect a sign, 80 feet in height and 370 feet in area, for the Rio Mirada Motor Inn at 4500 Pierce Road. This request was deferred from the meetings of April 24, and May 8, 1985. Bill McClure, of Heath and Company Signs, made a presentation regarding the proposed signage for the Rio Mirada Inn. He stated that the letters on the sign are four foot high which provide readability for a one-half mile dis- tance and is in compliance with other signs in the area. He indicated that the present sign is only for local traffic and not for freeway identification. He explained that the reason the two signs are different is because of a 15-foot differen- tial in height due to the freeway grade. Deputy City Manager Strenn stated the reason for the Planning Commission's denial was because there were fewer other signs in the area that had special permits, and the objective to having an overheight, oversized sign was visibility from the freeway. The Sign Committee felt that the sign did not fulfill the objectives and vehicles would not have enough exit time. Val Robinson, General Inn, stated locating the hotel would help the occupancy rate. Manager of the Rio Mirada is a problem, and this sign Deputy City Manager Strenn explained that by condi- tioning the approval of the special sign request, the sign would be required to come down at the same time legal non- conforming signs come down. Councilman Christensen called for the question, which failed by the following roll call vote: Ayes: Councilmen Rockoff, Childs, Ratty Noes: Councilmen Barton, Christensen, Dickerson, Moore Absent: None Deputy City Manager Strenn clarified that if the sign is approved, it becomes a legal sign and can remain for a long period of time. If the sign is approved with con- ditions, it would come under the same regulations that non- conforming signs are under and would come down in July, 1986, if the Sign Ordinance is adopted. Councilman Dickerson made a motion to approve the sign as requested, but if there is a change in ownership, then there would be a re-application if the sign changes. Councilman Dickerson called for the question which was unanimously approved. Upon a motion by Councilman Dickerson, the request to erect a sign 80 feet in height and 370 square feet in area for the Rio Mirada Motor Inn at 4500 Pierce Road ~ith the condition that if there is change in ownership or modifi- cation of the sign, it would come back to Council for con- sideration, was approved by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Noes: Councilmen Rockoff, Moore, Ratty Absent: None Dickerson, Bakersfield, California, May 15, 1985 - Page 4 Councilman Dickerson's motion to approve the request to erect a sign 80 feet in height and 370 square feet in area for the Rio Mirada Motor Inn was reconsidered later in the meeting. Deferral of action for request from Heath and Company to erect a sign 65 feet in height for LaQuinta Motor Inn/Kettle Restaurant on Riverside Drive approximately 250 feet east of Pierce Road. This request was deferred from the meeting of May 8, 1985. Deputy City Manager Strenn stated that the Planning Commission approved the sign because they were aware of sev- eral signs in the area which were similar in height and had been previously approved. Councilman Rockoff made a motion to approve the sign subject to the condition that it would have to come down when all other signs come down according to the new sign ordinance. Councilman Dickerson made a substitute motion to concur with the Planning Commission's decision, and approve the sign with the condition that if there is a change in own- ership or a modification of the sign, it would return to Council for reconsideration. This motion failed by the fol- lowing roll call vote: Ayes: Councilmen Barton, Christensen, Dickerson Noes: Councilmen Rockoff, Childs, Moore, Ratty Absent: None Upon a motion by Councilman Rockoff, the request to erect a sign 65 feet in height for LaQuinta Motor Inn/Kettle Restaurant on Riverside Drive approximately 250 feet east of Pierce Road with the condition that it would have to come down when all other signs come down and is subject to the restrictions of the new sign ordinance when adopted, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty None None Christensen, Upon a motion by Councilman Moore, reconsideration of Council action regarding a request to erect a sign 80 feet in height and 370 square feet in area, for the Rio Mirada Motor Inn at 4500 Pierce Road, was approved by the fol- lowing roll call vote: Ayes: Noes: Absent: Councilmen Rockoff, Barton, Moore, Ratty Councilmen Childs, Christensen, Dickerson None Councilman Moore made a motion to include the non- conforming provision in the previous motion approving the request to erect a sign, 80 feet in height and 370 square feet in area, for the Rio Mirada Motor Inn at 4500 Pierce Road with the condition that if there is change in ownership or modification of the sign, it would come back to the Council for consideration. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Rockoff, Barton, Moore, Ratty Councilmen Childs, Christensen, Dickerson None Bakersfield, California, May 15, 1985 Page 5 Upon a motion by Councilman Christensen meeting was recessed at 8:50 p.m. The meeting was at 9:10 p.m. the Council reconvened Upon a motion by Councilman Dickerson, Report No. 5-85 from the City Manager regarding Toxic Waste Disposal Buttonwillow was moved forward on the agenda. NEW BUSINESS City Manager Report No. 5-85 regarding Toxic Waste Disposal at Buttonwillow. Upon a motion by Councilman Dickerson, City Manager Report No. 5-85 regarding Toxic Waste Disposal at Buttonwillow was approved. Tom Fallgatter, representing the Concerned Citizens to Stop Outside Dumping, expressed appreciation for the City's Resolution supporting the opposition to the relocation of the McColl Disposal without the proper environmental eva- luation. Adoption of Resolution No. 70-85 of the City Council of the City of Bakersfield recog- nizing the toxic waste disposal at Buttonwillow. Upon a motion by Councilman Childs, Resolution No. 70-85 of the City Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, HEARINGS This is the time set for public hearing before the Council of the City of Bakersfield on the Recommendations for Interim Parking Management Plan for Downtown Bakersfield. On April 24, 1985, Report No. 4-85 from the Urban Development Committee regarding the Recommendations for Interim Parking Management Plan for Downtown Bakersfield was accepted; and Council set May 15, 1985, for a Special Public Hearing on this issue. At the April 24, 1985 Council Meeting, the Council directed staff to meet with individuals interested in the Downtown Parking Issue. The staff will be making a presentation and putting forth recommendations based on subsequent meetings. Mayor Payne declared the hearing open for public participation. Janet Newton, Newspaper Guild, spoke Plan. representing the Bakersfield in favor of the alternative Parking at Bakersfield, California, May 15, 1985 - Page 6 No protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation aad action. Councilman Barton made a motion to adopt the Committee Report; the Staff Report regarding the modification of the parking downtown; items one and two of the letter from Mr. Stanners, of the Bakersfield Californian dated May 15, 1985, which are: 1) Upon receipt of a specific opinion let- ter from the City's Bond Counsel, the Bakersfield Californian and the City will meet to negotiate a favorable plan for Californian employee off-street parking; and 2) No changes in the current parking regulations in the immediate area sur- rounding The Bakersfield Californian's downtown headquarters would be initiated until item #1 is complete; and to receive and file the letter. RECESS Councilman Childs made a motion to recess the meet- ing at 10:00 p.m. Mayor Payne reconvened the meeting at 10:12 p.m. Councilman Barton made a motion that parlimentary procedure should be followed through the Chairman unless the Council overrules the Chairman. This motion was unanimously approved. Councilman Barton made a motion to direct staff to prepare a workshop session to advise the Council on Mason's Rules of Order. Councilman Dickerson made a substitute motion to direct staff to prepare a workshop regarding the Mason's Rules of Order and to include what type of disciplinary actions the Council should take and how they should be taken on Council Members. Councilman Childs made a motion to call for the question which was unanimously approved. Councilman Dickerson's substitute motion to direct staff to prepare a workshop regarding the Mason's Rules of Order and to include what type of disciplinary actions the Council should take and how they should be taken, was defeated by the following roll call vote: Ayes: Noes: Abstaining: Absent: Councilmen Barton, Christensen, Dickerson, Councilmen Rockoff, Childs, Ratty, Mayor Payne Councilman Moore None Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council the Mayor shall cast the deciding vote, Mayor Payne voted No. Councilman Barton's motion to direct staff to pre- pare a workshop session to advise the Council of the Mason's Rules of Order was approved by the following roll call vote: Ayes: Noes: Abstaining: Absent: Councilmen Rockoff, Barton, Childs, Christensen, Moore, Ratty None Councilman Dickerson None Councilman Dickerson made a motion to call for the question on the parking issue which was unanimously approved. Bakersfield, California, May 15, 1985 - Page 7 Councilman Barton's motion to accept the Committee Report and Staff Report regarding the modification of parking downtown and items one and two contained in the letter from Mr. Stanners of the Bakersfield Californian, which are: 1) Upon receipt of a specific opinion letter from the City's Bond Counsel, The Bakersfield Californian and the City will meet to negotiate a favorable plan for Californian employee off-street parking; and 2) No changes in the current parking regulations in the immediate area surrounding the Bakersfield Californian's downtown headquarters would be initiated until item #1 is complete, was approved by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Presentation by Staff regarding the Acqui- sition and expansion of the Bakersfield Airpark. Councilman Barton made a motion to incorporate into the conditional offer for the Airpark the discretion of staff to increase the initial payment from $2,100,000 to $2,200,000 and carry back a $1,000,000 note. This motion was approved by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Councilman Barton made a motion to authorize the Mayor to execute a contract between the City of Bakersfield and Federal Aviation Administration to accept the grant for the purposes of purchasing the Bakersfield Airpark; authorize staff to apply for second-year funding for the FAA Grant to implement the second-year phase of the acquisition and development plan; authorize staff to immediately prepare the necessary documents to apply for a state grant loan for the purpose of implementing the Bakersfield Airpark Acquisition and Development Plan; establish an Airpark Enterprise fund as described in this report and the Bakersfield Airpark Business Plan; direct staff to move aggressively toward com- pletion of the proposed Enterprise Zone designation with the State and Federal government (should federal enterprise leg- islation be adopted); direct staff to begin appraisals on those properties to be included in the second phase of the Airport Acquisition Plan; and immediately review all existing leases for the purposes of negotiating a lease acceptable to the City and lessees to insure the ongoing support and health of existing businesses of the Bakersfield Airpark, was approved by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Bakersfield, California, May 15, 1985 - Page Adoption of Resolution No. 71-85, of the Council of the City of Bakersfield directing the filing of an application for California Airport Loan. Upon a motion by Councilman Barton, Resolution No. 71-85, of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, ADJOURNMENT There being no further business to come before the City Council, upon a motion by Councilman Barton, the meeting was adjourned at 12:10 a.m. ty of' . Baker s-f'ield, Ca]if ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, May 22, 1985 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., May 22, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Councilman Moore. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Barton, Childs, Christensen, Dickerson, (seated at 7:06 p.m~) Moore, Ratty, Rockoff Absent: None PRESENTATION OF PLAQUE Mayor Payne presented The Key to the City of Bakersfield to Mary C. Bultman in appreciation for the Julian Curtis Bultman Memorial which she donated to the City. SCHEDULED PUBLIC STATEMENTS Wendy Wayne, Community Connection for Child Care, 420 - 18th Street, spoke regarding Child Care Needs Assessment City of Bakersfield Employees. for Upon a motion by Councilman Ratty, one additional min- ute was allowed for Ms. Wayne to complete the public statement. Councilman Ratty made a motion to refer the Child Care Needs Assessment to the Intergovernmental Relations Committee. Councilman Christensen called for the question, which was defeated by the following roll call vote: Ayes: Councilmen Childs, Ratty Noes Councilmen Barton, Christensen, Absent: None Dickerson, Moore, Rockoff Councilman Dickerson made a substitute motion to refer the Child Care Needs Assessment to the Auditorium and Community Services Committee which was defeated. Upon a motion by Councilman Ratty, the Child Care Assessment was referred to the Intergovernmental Relations Committee with Councilman Dickerson abstaining. Needs CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Joseph Victori Wines, Inc., 125 Second Street, Brooklyn, NY, dated May 3, 1985, requesting a grant for a proposed bottling plant to package wine coolers at 1233 East California Avenue, was received and referred to the Urban Development Committee. Upon a motion by Councilman Rockoff, communication from the Convention Bureau of Greater Bakersfield, 1000 Truxtun Avenue, Suite C, Bakersfield, dated May 9, 1985, requesting name change on City contract, was received and referred to the Budget and Finance Committee. Upon a motion by Councilman Christensen, communication from Beverly A. Burright, President Bakersfield Art Association, 1930 "R" Street, Bakersfield, dated May 1, 1985, submitting Needs Assessment Report from Bailey Consulting Associates, was received and referred to the Auditorium and Community Services Committee. Bakersfield, California, May 22, 1985 - Page 2 Upon a motion by Councilman Rockoff, communication from Chelsea Investment Company, Oak Park Tower, 3200 21st Street, Bakersfield, dated May 13, 1985, requesting amendment to the land use element of the Genera] Plan for commercial use of parcels located between 21st and 24th Streets west of Oak Street and east of Stine Canal, was received and referred to Planning Commission for study and recommendations. Upon a motion by Councilman Childs, communication from Marsh/Brown Development, 1401-A Virginia Street, Bakersfield, dated May 14, 1985, requesting Community Development Block Grant Assistance for a 24-unit apartment to be constructed on 4th Street between "N" and "P" Streets, was received and referred to the Budget and Finance Committee. Upon a motion by Councilman Childs, communication from Jimson Way Station of America, Inc., P.O. Box 10615, Bakersfield, dated May 10, 1985, requesting Community Development Block Grant Assistance for commercial development at 1351 E. California Avenue, Bakersfield, was received and referred to the Budget and Finance Committee. Upon a motion by Councilman Ratty, communication from Mrs. Emma Sturgis, 2432 Sandy Lane, Bakersfield dated May 14, 1985, protesting increases in utility rates, was received and referred to the Finance Department for response. Upon a motion by Councilman Christensen, communication from Joseph Victori Wines, Inc., 125 Second Street, Brooklyn, NY, dated May 17, 1985, requesting vacation of the alley on the east side of 1233 E. California Avenue, known as "Old Lakeview Avenue", was received and referred to Public Works. Upon a motion by Councilman Barton, communication from Tom Dybeck, 2713 Bladen, received on May 17, 1985, expressing his support for Councilman Dickerson, was received and placed on file. Upon a motion by Councilman Rockoff, communication from Simpson-Vancuren Inc., 2210 Chester Avenue, Suite "C", dated May 17, 1985, requesting withdraw of application for General Plan Amendment to allow commercial property at the southeast corner of Alta Vista Drive and Bernard Street, was received and referred to the Planning Department. Mayor Payne announced that Sequoia Engineering is with- drawing Tentative Tract No. 4802, which is the subject of a pub- lic hearing on an Appeal by Sandra Campbell to the decision of the Planning Commission approving the substandard width lots, street circulation design, location of drainage sump and lack of a park, in Tentative Tract No. 4802 on tonight's agenda. Therefore, there will be no public hearing. COUNCIL STATEMENTS Upon a motion by Councilman Rockoff, the nomination of Karen Carlson to the Citizens Auditorium Committee was considered an emergency matter to be heard. Upon a motion by Councilman Rockoff, Karen Carlson, 2323 East Hills Drive, No. 13, was nominated to the Citizens Auditorium Committee for a term to expire January 3, 1991. Councilman Dickerson suggested that the Council meet weekly dealing with the issues of the public, such as hearings. REPORTS City Manager Caravalho made a presentation regarding the Proposed 1985-1986 Operating Budget and the Capital Improvement Budget. Bakersfield, California, May 22, 1985 Page 3 Upon a motion by Councilman Barton, the Proposed 1985-86 Operating Budget was referred to the Budget and Finance Committee and reclassification requests were referred to the Personnel Committee. Upon a motion by Councilman Barton, June 17th was the date set for public hearing for maintenance districts; June 18th for public hearing for General Revenue Sharing Funds; and June 17th, 18th and 19th at 5:30 p.m. for the public hearing on the Proposed 1985-1986 Operating Budget. Councilman Christensen abstained. SCHEDULED PUBLIC STATEMENTS John Duemmel, 4215 Till, D-19, spoke in opposition to funding with Industrial Development Bonds for the Heritage Convalescent Center. Upon a motion by Councilman Childs, Mr. Duemmel's con- cern regarding the funding for the Heritage Convalescent Center, was referred to staff. REPORTS Councilman Barton read Report No. 6-85 from the Budget and Finance Committee regarding Community Block Grant Annual Application - Fiscal Year 1985-86 as follows: The proposed CDBG application amounts to $1,442,682. This figure represents $1,382,000 in new program funds and $85,137 in program income. Staff presented a proposed budget with $474,282 budgeted for personnel, operations and capital equipment and the remaining $968,400 was budgeted for capital projects. The proposed budget did not include the funding of any out- side requests. Those requests amount to $1,103,000. There were five requests for CDBG funds from outside organizations. Three of these organiza- tions presented their proposals to this committee on May 14, 1985. We heard proposals from the Community House, Community Connection for Child Care and the Bethany Service Center. The King Way Mission withdrew their proposal, and the Fox-Davis Child Care proposal was not heard because they were unable to attend the schedaled committee meeting. The recommended changes reflect partial funding of the outside requests as presented to this committee. The Community House presented their request for funds to renovate and rehabilitate the Senior Citizens Center in Centrat Park. They indicated that they have had preliminary discussions with the Kern County Community Development Department regarding the possibility of joint funding. We feel that this opportunity should be pursued further. Part of their proposed improvements include the expansion of the existing parking lot. We are recommending that CDBG funding the amount of $35,000 be made available for this purpose. We are further recommending that staff work with Community House and the Kern County Community Development Department to refine the scope of the proposed renovation and rehabilita- tion and explore the possibility of joint fund- ing in Fiscal Year 1986/87. Bakersfield, California, May 22, 1985 - Page 4 Community Connection for Child Care presented their request for $128,000 to purchase and fur- nish two modular structures to be used to pro- vide extended day child care services. The service would be provided at Stine and Castle Schools in the Panama School District. The aim of their effort is to impact the "latchkey" child issue. We support their aim and fee] that the project is worthwhile; however, we are recommending funding in the amount of $64,000 to purchase one modular unit for one school site. By providing funding for one site, we will be able to assist them in their effort without severely impacting the proposed CDBG budget. Community Development Block Grant regulations required that 51% of the participants in the proposed center qualify as low and moderate income families. Therefore, prior to funding this request the Community Connection for Child Care must demonstrate that the participants will meet this criteria. If they cannot comply with this requirement, then these funds will be reprogrammed for fire system improvements. Staff is directed to provide them with the cur- rent qualifying income limits. The Bethany Service Center operates the Good Shepherd Mission at 800 Baker Street. They are seeking assistance to purchase the Baker Street site and to rehabilitate the structure. They have applied for acquisition money from a State funded program that is being administered locally by the United Way. The probability of their proposal receiving funding is favorable. They are expected to receive an answer to their application on June 7th. In the meantime, we have suggested that they approach the County to explore possibilities of joint City/County fund- ing of the rehabilitation of the Baker Street site. With this in mind, we are recommending that $20,000 be made available for rehabilitation assistance pending the outcome of their applica- tion and discussions with the Kern County Community Development Department. If the requested funding from the State is not received, then the $20,000 will be reprogrammed for fire system improvements. There was some discussion of the Fox/Davis Child Care proposal even though they were unable to attend the meeting. We feel that this project is worthwhile and would provide a needed service to the nearby low income residents. They pro- pose to lease the vacant fire station at Brundage and Kincaid and convert it into a child care center. This project would work well with the proposed Enterprise Zone and the nearly com- pleted Westminister Tile Project on Brundage. Therefore, we are recommending that $125,000 be made available for funding the renovation of the vacant fire station into a child care center. This recommendation is contingent upon Drs. Fox and Davis receiving State child care subsidies or committing to provide the child care services at a subsidized rate using their own funds. A further requirement is that they acquire property within 350 feet of the proposed project site to provide the required off-street parking. Funding of this project will reduce the proposed funding for curbs and gutters in Census Tract 14. Bakersfield, California, May 22, 1985 - Page 5 However, staff has discussed this with the Public Works Department and were informed that the reduction would not adversely affect their planned operations for Fiscal Year 85/86. As an option to the Fox/Davis proposal, this committee is interested in pursuing a project similar to the one proposal by the Community Connection for child care. This would provide child care serv- ices in cooperation with the area school district. If Drs. Fox and Davis are unable to comply with the previously stated conditions, then the funds should be used to provide a struc- ture for extended day care at a school site in the southeast. Any funds remaining would then be reprogrammed for curbs and gutters in Cen:~us Tract 14. Therefore, based on the information just pre- sented, the committee is recommending that the proposed budget be amended as follows: CDBG Budget Proposed Recommended Change Fire/Water Mains 150,000 31,000 94,000 Curb & Gutter 150,000 25,000 150,1)00 Total Change $244,000 Outside Request Requested Recommended Community House 375,000 35,000 Community Connection for Child Care 128,000 64,000 Bethany Service Center 98,000 20,000 Fox/Davis Child Care 300,000 125,000 Total Recommended $244,000 Therefore, based on our review of the proposed Community Development Budget for Fiscal Year 85/86, we recommend the following: 1. Approve the changes incorporated in this report; 2. Approve the Application with the recommended changes; and 3. Authorize staff to submit the application for funding. Councilman Barton made a motion to receive Report No. from the Budget and Finance Committee regarding Community Block Grant Annual Application - Fiscal Year 1985-86. This motion was unanimously approved. 6-85 Councilman Barton made a motion to approve changes incorporated in Report No. 6-85 from Budget and Finance Committee; with the exception of Bethany Service Center; and any project not funded, those monies to be reevaluated for projects under consid- eration in this report. In accordance with the new procedures, having lasted longer than 15 minutes, was moved agenda. Report No. 6-85, to the end of the Bakersfield, California, May 22, 1985 Page 6 Councilman Barton read Report No. 5-85 from the Urban Development Committee regarding completion of Tract 4197 as follows: At the April 24, 1985 Council Meeting, the Council referred to the Urban Development Committee a complaint regarding the completion of Tract 4197. The basis of the complaint pertained to water ponding along the gutter at various locations within the Tract. This Tract was developed by B.L. Dickinson, Inc., through an improvement agreement with the City dated July 7, 1982. An Irrevocable Letter of Credit in the amount of $33,570 guaranteed the faithful performance of the improvements to be constructed. Since July of 1982, there have been problems with settlement of the curb and gutter causing water to pond along the street. The developer has made numerous repairs throughout the Tract and most of the streets now drain adequately, however, there still exists a few areas where water ponds. Since no new repairs have been made during the last six months, this committee recommends that the developer be given thirty days to correct the problems and complete the Tract. If the problems are not corrected within the thirty days, the Committee recommends that no certificate of occupancy be issued on other properties developed by D.L. Dickinson until the Tract is completed or that the City not enter into any further improvement agreements with Mr. Dickinson or his business. Councilman Barton made a motion to accept Report No. 5-85 from the Urban Development Committee, regarding completion of Tract 4197; approve recommendations; and that the City take other appropriate methods for compliance including requiring greater security for future subdivisions by Mr. Dickinson. This motion was unanimously approved. Councilman Barton, Chairman of the Urban Development Committee, read Report No. 6-85 regarding Bakersfield City School District request for imposition of fees on residential development as follows: The Board of Trustees of the Bakersfield City School District passed a resolution requesting the City Counci! and the Kern County Board of Supervisors to acknowledge overcrowded condi- tions at thirteen schoo! attendance areas and impose development fees. This request was in keeping with past approvals for the school district of Panama, Greenfield, Rosedale and Buena Vista, under Chapter 15.70 of the Bakersfield Municipal Code. This issue was heard by the City Council on April 24, 1985, however representatives of the Building Industry Association (B.I.A.) voiced their concern regarding statistics justifying the overcrowded conditions within the City School District. Because of the concern indicated by the developers, this issue was referred to the Urban Development Committee. We met last week with representatives of both the B.I.A. and the Bakersfield City School District and heard both sides. Bakersfield, California, May 22, 1985 Page 7 Attached to this report is a letter from Dr. Herb Cole, District Superintendent, regarding the overcrowded conditions of the Bakersfield City School District. This Committee is now in agreement that the District is impacted by growth and that the figures that they have set forth are accurate. We, therefore, recommend that the City Counci! concur in the School Board findings of over- crowding and approve the fees requested sub- ject to adoption of the same fees for development in the unincorporated area of the District by the County Board of Supervisors. Further, we recommend that these developer fees be established on a temporary basis. Reports are to be performed annually and if these figures prove that the District no longer qualifies due to overcrowded con- ditions, then the fees would be terminated. The Committee also recommends that the school districts utilizing development fees consider other revenue producing ideas such as a tax override election to resolve their financial dilemma. In doing so, the costs would be more evenly distributed and one segment at the corn- munity such as the developers would not be carrying the full financial impact. Upon a motion by Councilman Barton, Report No. 6-85 from the Urban Development Committee was received with the word "audit" on the second page changed to "report." Councilman Dickerson read Report No. 4-85 from the Auditorium and Community Services Committee, regarding Parks Southwest Bakersfield, as follows: The draft Recreational Element of the General Plan identifies three areas in the developed portions of the City that do not have a neighorhood park. These areas are in the gen- eral vicinity of: 1) Akers Road and White Lane 2) Akers Road and Harris Road 3) Fairview Road and South "H" Street These areas were developed in small parcels, and it was not economica!!y feasible for the developers to provide for a park. At the April 24, 1985, Council meeting, the issue of parks in these areas was referred to the Auditorium and Community Services Committee. This committee has met with the staff and makes the following evaluations and recommendations. AKERS ROAD AND WHITE LANE For the neighborhood bounded by Planz Road, Wible Road, Pacheco Road and Stine Road, the area is almost completely deve!oped. The City owns a 3.6-acre parcel near the center of the neighborhood which could be used as a park. There is vacant property on the south side of the park site which the staff will evaluate for expansion of the park. The existing parcel Bakersfield, California, May 22, 1985 Page 8 is slightly larger than Amberton Park and is sufficient in size for the basic park improve- ments, including park tables, barbeques, tot lot and playground equipment. To develop this area as a park, the following steps are recommended: 1) Petition the residents to form a District to maintain the park. 2) Apply for State Park Grant to construct the park improvements. AKERS ROAD AND HARRIS ROAD For the neighborhood bounded by Pacheco Road, Freeway 99, Arvin-Edison Canal and Stine Road, there are four vacant parcels suitable for a park site. A site is located at the southeast corner of Akers Road and Harris Road. This site is centrally located within the neighborhood. However, a Tract Map has been filed on this property and the site may not be available. The second vacant parcel is along the north edge of the neighborhood on Pacheco Road on property owned by California Water Service Company. This property could be available through a long-term ]ease arrange- ment. The third vacant property is along the south edge of the neighborhood on Panama Road. This property is presently farmed. The fourth vacant parcel is a radio antenna site on Marin Street. This parcel has poor access for a park and has three radio towers with numerous guy wires. In addition, a tentative tract map has been filed on this parcel. For this neighborhood, the committee recom- mends the following: 1) Direct the staff to explore various alter- natives to obtain a park site, including pri- vate contributions, lease arrangements and acquisition using state park fund grants. 2) Petition the residents to form a District to maintain the park. PAIRVIEW ROAD AND SOUTH "H" STREET For the neighborhood bounded by Pacheco Road, South "H" Street, Panama Lane and Freeway 99, there are only two vacant parcels suitable for a park site. One parcel along Panama Lane is not centrally located within the neigh- borhood. The second parcel is owned by the Greenfield School District and is a proposed school site. The committee recommends the following: 1) The staff be directed to contact the Greenfield School District to determine if a portion of the property could be developed with recreational facilities through a joint use agreement. 2) If a cooperative agreement appears feasible, the residents should be petitioned to form a District to maintain the recrea- tional facilities. Bakersfield, California, May 22, 1985 - Page 9 3) If the cooperative agreement is not feasible, the staff will look at other loca- tions east of South "H" Street for a future park site. Upon a motion by Councilman Dickerson, Report No. 4-85, from the Auditorium and Community Services Committee, regarding Parks in Southwest Bakersfield, was accepted, with the wording on page two "The preferred site" being changed to "A site." Councilman Rockoff, Chairman of the Budget Review and Finance Committee, read Report No. 7-85 regarding request from Kern Farmers Market Association, as follows: Attached to this report is a request from the Kern Farmers Market Association to use the City parking lot on 23rd and "H" Street for their certified Farmers Market. This request was submitted to the City Counci! at the May 8, 1985 Council Meeting, however, action could not be taken until recently due to the uncer-- tainty of the parking situation in the down- town area. Their request is to use this site on Saturdays from 8 a.m. to 1 p.m. and Thursdays from 9 a.m. to 1 p.m. or from 4 p.m. to 6:30 p.m. This committee has no objection to the Saturday usage, however due to the recent changes in the downtown parking, we are con- cerned about the Thursday usage. At this time, we are recommending approval for Saturday usage and denial for the Thursday usage. We would suggest that staff be instructed to monitor the utilization of this lot during the week and if it is not being utilized, we will give further consideration to their request. We further recommend that the City Attorney be instructed to draw up the necessary agreement which will provide for supervision, clean-up and liability insurance. Upon a motion by Councilman Rockoff, Report No. 7-85, from the Budget and Finance Committee regarding request from Kern Farmers Market Association, was accepted; and recommendations con- tained therein approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claim Nos. 6612 to 6994, inclu- sive, in the amount of $1,718,308.86. b. Claim for Personal Injury from Michael Scott Vest, 3713 Granada, Bakersfield. (Refer to City Attorney) Claim for Personal Injury from Greg Gladwin, 10767 Woodbine, #218, Los Angeles. (Refer to City Attorney) d. Claim for Personal Injury from Norma L. Hobbs, 11687 Bellagio Road, #11, Los Angeles. (Refer to City Attorney) Claim for Damages from Mark Richard Bowman, 1420 Pacific Street, Bakersfield. (Refer to City Attorney) Bakersfield, California, May 22, 1985 Page 10 f. Claim for Damages from Rebecca L. Schmidt, 2918 Fordham Street, Bakersfield. (Refer City Attorney) to Claim for Damages from Farmers Insurance Exchange for Sharon Boedeker, P.O. Box 2285, Bakersfield. (Refer to City Attorney) Quitclaim from the City of Bakersfield to Tenneco West, Inc., for a temporary sewer line easement back to the property owner, within the Ashe Road right-of-way. Map of Tract No. 4673 and Improvement Agreement with Covington Technologies for the construction of improvements located on the north side of Fairview Road easterly of South "H" Street. j. Notice of Completion and Acceptance of Work on: Reconstruct a portion of Harris Road between Akers Road and Stine Road, Contract No. 84-223, with James G. Francis. Median Modifications at California Avenue and Chester Lane; California Avenue and Mohawk Street; Ming Avenue and Stine Road; Ming Avenue and Westholme Boulevard; and Stockdale Highway and Cherry Hills Drive, Contrac! No. 85-36, with Granite Construction. Plans and Specifications for pavement improve- ments on portions of Mr. Vernon Avenue. Plans and Specifications for Phase II and III of the Bakersfield Senior Citizen Center, 530 4th Street. vote: Upon a motion by Councilman Rockoff, Items a, b, c, d, g, h, i, j, k, l, were approved by the following roll ca]] Ayes: Noes: Absent: Councilmen Barton, Childs, Christensen, Ratty, Rockoff None None Dickerson, Moore, ACTION ON BIDS Upon a motion by Councilman Childs, bid from Hopper Inc., in the amount of $5,287.28, for Firehose Drying Tower, was accepted and all other bids were rejected. Upon a motion by Councilman Ratty, bid from Granite Construction, in the amount of $54,453.00, for resurfacing "L" Street from Truxtun Avenue to 24th Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, bid from James G. Francis Contractor, in the amount of $180,237.00, for the widening of Coffee Road from Westfield Drive to Kern River and construction of A.C. Dike along Truxtun Avenue, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, bid from Exclusively Expo, Inc., in the amount of $4,735.55, for trade show decorating items was accepted and all other bids were rejected. Bakersfield, California, May 22, 1985 - Page 11 Upon a motion by Councilman Moore, bids from Van Waters & Rogers (four items), in the amount of $5,696.33, and Target Chemical (three items), in the amount of $4,736.08, and Helena Chemical (three items), in the amount of $3,092.36, for Miscellaneous Chemicals for the Parks Division, were accepted, and all other bids were rejected. Upon a motion by Councilman Childs, bids froin Clow Corporation (one item), in the amount of $76,090.00, and Long Beach Iron Works (three items) in the amount of $10,703.00 for fire hydrants and burys for Fire Department, were accepted, and all other bids were rejected. Upon a motion by Councilman Dickerson, bids from San Diego Fire Equipment Co., (six items), in the amount of $3,559.41, Halprin Supply Co., (four items), in the amount of $1,264.32, and Western Fire Equipment (two items), in the amount of $4,976.37, for fire clothing and equipment, were accepted, and all other bids were rejected. Upon a motion by Councilman Childs, bid from HPS Incor- porated, in the amount of $13,365.00 for Construction of eight-inch sewer pipe in Union Avenue, north of California Avenue, was accepted, all other bids rejected, and the Mayor was author- ized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2974 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 that certain property in the City of Bakersfield located on the northeast corner of Fortune Street and Panama Lane. This ordinance was given first reading at the meeting of May 8, 1985. Upon a motion by Councilman Dickerson, Negative Declaration and Ordinance No. 2974 New Series finding said zoning consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Noes: None Absent: None Barton, Childs, Christensen, Ratty, Rockoff, Dickerson, Moore, HEARINGS This is the time set for continued public hearing for the purpose of considering adoption of Resolution No. 72-85 making findings and setting forth fees to finance interim school facilities, payable as a condition of approval of residential development, for relieving the overcrowded conditions in the Bakersfield City Scho¢,l District in those portions of the Casa Loma, Eissler, Hort, Harding, Longfellow, Voorhies, Frank West and Mt. Vernon Elementary Schools and Chipman, Compton, Emerson, Washington and Sierra Jr. High Schools attendance areas of the district that are in the City of Bakersfield. Mayor Payne declared the hearing open for public par- ticipation. Bakersfield, California, May 22, 1985 Page 12 RECESS Upon request of Councilman Christensen, Mayor Payne recessed the meeting for ten minutes at 9:00 p.m. The Mayor reconvened the meeting at 9:10 p.m. Frank Fekete, general counsel for Schools Legal Service, representing the Bakersfield City School District, spoke in favor of the resolution. Dave Price, representing Building Industries Association, spoke in opposition to the resolution setting fees. Frank Sousa, general contractor, spoke in opposition to the resolution. There being no further protests and no one else wishing to speak in favor, public portion of the hearing for Council or objections received Mayor Payne closed the deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 72-85 was approved by the following roll call vote: Ayes: Counci Noes: None Absent: None lmen Barton, Childs, Christensen, Ratty, Rockoff Dickerson, Moore, This is the time set for public hearing before the Council for hearing protests by persons owning real property or any registered voter residing within ter- ritory designated as "California Avenue No. 5.", proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Childs, Resolution No. 73-85 making findings that written protests, if any have been filed and not withdrawn, have been filed by owners of land and improvements who own less than 50 percent of the total assessed value of land and improvements within the territory and order the territory des- ignated as Proceeding No. 865, Annexation No. 295, (Ca]ifornia No. 5) annexed to the City of Bakersfield, was approved by the following roll call vote: Ayes: Councilmen Noes: None Absent: None Barton, Childs, Christensen, Ratty, Rockoff Dickerson, Moore This is the time set for public hearing before the Council on an Appeal by Sandra Campbell to the decision of the Planning Commission approving the substandard width lots, street circulation design, location of drainage sump and lack of a park, in Tentative Tract No. 4802, located in South Bakersfield on the southeast corner of Harris Road and Akers Road Homestead Tentative Bob Smith, representing Sequoia Engineering, on behalf of Land Development, stated Sequoia Engineering is withdrawing Tract No. 4802. Mayor Payne restated that because Tentative Tract No. 4802 is being withdrawn, there would be no hearing on an Appeal Sandra Campbell to the decision of the Planning Commission. by Bakersfield, California, May 22, 1985 Page 13 This is the time set for public hearing before the Council on an Appeal by Heath and Company to the decision of the Planning Commission denying their request for a Special Sign Permit for a free standing pylon sign on the property at 1300 Wible Road. Mayor Payne declared the hearing open for public partici- pation. Bill McClure, of Heath and Company Signs, outlined the reasons for the appeal, and the visibility of the sign from adja- cent streets. He stated the developer has stipulated that any future development of a parcel to the north would only be allowed a monument sign. The height of the proposed sign is 21 feet six inches. No further protests or objections being one wishing to speak in favor, the public portion was closed for Council deliberation and action. received and no of the hearing Councilman Rockoff made a motion to uphold the appeal subject to the condition that a pole sign or monument sign not be allowed on the final parcel and that this sign be subject to the same restrictions that the Gemco and Pep Boys Sign would have at the time the new sign ordinance is adopted with the height being 21 feet six inches, was approved by the following roll call vote: Ayes: Councilmen Barton, Childs, Ratty, Rockoff Noes: None Absent: None Christensen, Dickerson, Moore, This is the time set for public hearing before the Council for the purpose of considering amendments to the Sign Ordinance (Chapter 17.60, Municipal Code of the City of Bakersfield). Mayor Payne declared the hearing open for public partic- ipation. Bill McClure, representing Heath and Company Signs, spoke in favor of the Ordinance with the amendments to the Sign Ordinance as stated in their letter dated May 22, 1985,~ as it affects electrical outdoor advertising signs in C-2, M-1 and M-2. Dave Price, representing Building Industry Association, spoke in favor of the Ordinance with regard to the marketing and advertising of single family tracts and apartment complexes as it relates to signs in the residential zones and light commercial zone:s. Wayne MacNamee, President of Center Neon Company Inc., stated that the new ordinance will affect the existing businesses more than the existing ordinance does. He expressed concera that SB 142, which has been passed, states that signs can no longer be acquired by changing ordinances without buying the sign. He spoke in opposition to changing the ordinance at this particular time, and requested that the existing ordinance be enforced. No further protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and actlion. Upon a motion by Councilman Rockoff, comments were referred to the Urban Development Committee for review with a rec- ommendation to come back to Council, and that first reading be considered given to the Sign Ordinance. Bakersfield, California, May 22, 1985 - Page 14 NEW BUSINESS First reading of an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 193 through 220 Oakbank Road. First reading of an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 3801 Pierce Road. First reading of an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 200 Coffee Road. Adoption of Resolution No. 74-85 of the Council of the City of Bakersfield approving the Block Grant application for Grant funds under the Urban Open-Space and Recreation Program for Improvements at Beach and Martin Luther King Parks. Upon a motion by Councilman Childs, Resolution No. 74-85 of the Council of the City of Bakersfield was adopted by the fol- lowing roll call vote: Ayes: Councilmen Barton, Childs, Ratty, Rockoff Noes: None Absent: None Christensen, Dickerson, Moore, Adoption of Resolution No. 75-85 of Council of the City of Bakersfield amending the 1984-85 Budget. the Upon a motion by of the Council of the City lowing roll ca]] vote: Councilman Barton, Resolution No. 75-85 of Bakersfield was adopted by the fol- Ayes: Councilmen Barton, Childs, Ratty, Rockoff Noes: None Absent: None Christensen, Dickerson, Moore, Approval of Agreement No. 85-81 with the County of Kern for continuation of the Adult Diversion Program, a cooperative effort between the Kern County Probation Department and the Bakersfield Police Department. Upon a motion by Councilman Barton, was approved and the Mayor was authorized to by the following roll call vote: Agreement No. 85-81 execute the contract, Ayes: Councilmen Barton, Childs, Ratty, Rockoff Noes: None Absent: None Christensen, Dickerson, Moore Bakersfield, California, May 22, 1985 - Page 15 Appointment of independent Price Waterhouse to audit Records. audit firm of 1984-85 Financial Upon a motion by Councilman Rockoff, Price Waterhouse was appointed to perform City of Bakersfield and related entities' annual audit. Adoption of Emergency Ordinance No. 2975 New Series of the Council of the City of Bakersfield amending Section 8.44.050 B. 3. of the Bakersfield Municipal Code regarding Regulations for Temporary Firework Stands. Councilman Barton stated that due to a real or imagiaary conflict of interest he will not participate in the discussion of this matter, because he is a wholesale salesman for a fireworks company that may or may not provide fireworks to one of these particular churches. Councilman Dickerson stated that due to a real or imagi- nary conflict of interest, he will not participate in the discussion of this matter, because he is involved with fireworks. Upon a motion by Councilman Rockoff, Emergency Ordinance No. 2975 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Moore, Councilman Christensen None Ratty, Rockoff REPORTS CONTINUED Councilman Barton restated his motion that if any pro- jects listed as line items failed to qualify, that source of funds would be reevaluated by the Committee on all project requested items, which would include: fire mains; curb and gutters; Community House, etc. Upon a motion by Councilman Rockoff, the motion regard- ing Report No. 6-85 from the Budget and Finance Committee was reconsidered with Councilman Childs voting no. Councilman Barton restated his motion to approve the changes incorporated in the report with the following additions: refer to colnmittee any funds from a line item that did not quali- fy; it would go to committee for study and recommendation back to Council as to be added to any or all the line items contained in the report. This motion was approved with Councilman Childs vot- ing no. Councilman Rockoff stated that due to a real or imagi- nary conflict of interest, he will not participate in the discus- sion of this matter because he has received a fee from Bethany Service Center. Councilman Barton made a motion to include the changes incorporated in Report No. 6-85 from the Budget and Finance Committee dealing with the Bethany Service Center. This motion was approved. Upon a motion by Councilman Barton, the application was approved with the recommended changes and staff was authorized to submit the application for funding. Councilman Christensen made a motion that the Council meet weekly. Bakersfield, California, May 22, 1985 Page Councilman Moore made a substitute motion to adopt the rules and procedures implemented at tonight's Council meeting and evaluate them meeting by meeting. This motion was unanimously approved. Upon a motion by Councilman Childs, staff was directed to set up a workshop to deal with the agenda. Councilman Childs made a motion up a workshop dealing with meeting dates. defeated by the following roll call vote: to direct staff to set This motion was Ayes: Councilmen Childs, Christensen, Dickerson Noes: Councilmen Barton, Moore, Ratty, Rockoff Absent: None ADJOURNMENT There being no further business to Council, upon a motion by Councilman Childs, adjourned at 12:05 a.m. come before the the meeting was ATTEST: MAYOR of the City ~)f B~kersfield, Calif. CITY CLERK and Ex officio Clerk of the Council of the City of Bakersfield, California CW:rg Bakersfield, California, June 12, 1985 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 7:00 p.m., June 12, 1985. the City of City The meeting was called to order by Mayor Payne, by the Pledge of Allegiance and Invocation by Councilman Moore. followed RoIlie The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Absent: Councilman Barton SCHEDULED PUBLIC STATEMENTS Mike Mason, of Homestead Land Development Corporation, 110 S. Monte Clair, Suite 104, stated that Homestead Land Develop- ment Corporation would formally like to make available to the City approximately 4.8 acres to be used as a park on the corner of Pierce and Akers Roads. He stated that the action is voluntary and not as a result of previous action by any Councilmembers. Upon a motion by Councilman Dickerson the offer of a 4.8 acre site to be used as a park on the corner of Pierce and Akers Roads was referred to the Auditorium and Community Services Committee for review and recommendation, with Councilman Barton absent and Councilman Childs abstaining. would not answered. Councilman Childs be a part of this explained he abstained because he action without some questions being Gary Gadeke, of Sand Creek Golf Club, 700 N. E1 Rio, submitted petitions to the City Clerk and highlighted his report regarding construction and operation of a golf course facility in the Kern River Channel near the intersection of Coffee Road and Stockdale Highway. Paul Santy, of Sand Creek Golf Club, 700 N. E1 Rio, spoke in support of a golf club. Robert King, 2206 San Marino Drive, spoke in support of Akers No. 3 Annexation. Ben Phipps, 1700 Golden State Highway, requested that the Council consider grandlathering all existing signs. Turney Powers, Businessman, 3605 Crest Drive, spoke in opposition to the proposed Sign Ordinance. Rob Miller, 4404 Brewer Avenue, spoke in opposition to the proposed Sign Ordinance. Bob Martin, of Martin Communications, 4949 Bnckley Way, spoke in opposition to the outdoor section of the proposed Sign Ordinance. Tom Fallgatter, 1430 Truxtun Avenue, spoke in opposition to the adoption of the Sign Ordinance tonight because the com- munity as a whole has not had ample opportunity to provide input. Nancy Bailey representing Kern County Coalition for Lesbian and Gay Civil Rights, 3500 Grassotti Court, provided a copy of a resolution and requested the Council adopt a resolution naming the third Sunday in each June as Gay and Lesbian Pride Day. Bakersfield, California, June 12, 1985 Page 2 ~ Reverend Arlene Aekerman, 2415 Alta Vista Drive, spoke in support of designating the third Sunday in each June as Gay and Lesbian Pride Day. Portales, the final Michele Hoffman, representing Kern Audubon Society, 120 requested an Environmental Impact Report before making plans on the area of the Sand Creek Golf Course. Ten Murphy, 205 Haggin, spoke in submitted to the Council on March 13, 1985, of a riparian preserve. support of his proposal for the establishment Paul Edgren, representing Newport Federal, spoke in sup- port of the 99-bed Convalescent Hospital on Auburn Street and requested an additional resolution to allow tax-exempt bond financing for the convalescent hospital. Dave Price, representing the Building Industry Association, spoke in opposition to the adoption of the proposed policy regarding Overlook from the Planning Commission and requested that the policy be referred back to the Planning Commission for further consideration. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Brent and Phyllis Barcot, 1505 Flower Street, Bakersfield, dated May 22, 1985, regarding property located within City and County Jurisdictions Interim, was referred to staff for analysis for potential annexation. Upon a motion by Councilman Ratty, communication from J.D. and Nelta Axtell, 10300 Kings River Road, Space 22, Reedley, California, dated May 27, 1985, regarding land dedicated for street purposes, was received and referred to the Public Works Department. Upon a motion by Councilman Christensen, communication from Laurence Henry, dated April 18, 1985, submitting his resigna- tion as a member of the Board of Building Appeals, was received and referred to Council to consider a replacement. Upon a motion by Councilman Rockoff, communication from James Cox, 8008 Corte Rey, Bakersfie]d, dated May 28, 1985, pro- testing the allocation of funds to Newport Beach Company to build a 99-bed convalescent hospital in Bakersfield, was received and placed on file. Upon a motion by Councilman Childs, communication from California Living Museum (CALM), P.O. Box 6613, Bakersfield, dated May 27, 1985, requesting "Old Alfred Highway" be renamed to "CALM Road", was received and referred to staff. Upon a motion by Councilman Ratty, communication from Ronald Smith, M & S. Construction, Inc., 12001 Lone Oak Drive, Bakersfield, dated May 28, 1985, requesting a special hearing to consider City School Tax Fees, was received and stated that the hearing has been set for July 10, 1985. Upon a motion by Councilman Moore, communication from Pacific Gas and Electric Company, 1918 "H" Street, Bakersfield, dated May 20, 1985, submitting "Electric Service Improvement Project - Southwest Bakersfie]d" Report, was received and additiona! monthly reports, until September 1, 1985, were requested. Upon a motion by Councilman Ratty, communication from Department of Transportation, P.O. Box 12616, Fresno, dated June 1985, submitting a copy of the Report of Public Hearing for the proposed construction of ramps, was received and referred to the Public Works Department. 09. Bakersfield, California, June 12, 1985 Page 3 Upon a motion by Councilman Childs, communication from Neffco Builders, Star Rt. 4, Box 747, Bakersfield, received June 5, requesting CDBG Assistance for proposed project at 1102 Gage Street was received and referred to the Budget and Finance Committee for review. Upon a motion by Councilman Rockoff, communication from Manufacturers Hanover Trust Company, One Liberty Plaza, New York, NY, dated June 7, 1985, advising that based upon the Council's grant of $180,000, Manufacturers Hanover Trust Company has fur- nished the balance of funds required for successful initiation of the Joseph Victori Wines, Inc., bottling facilities in Bakersfield, was received and placed on file. Upon a motion by Counci]man Childs, communication from Building Industry Association of Kern County, 5405 Stockdale Highway, Suite 112A, dated June 10, 1985, opposing proposed Overlook policy, was received. Upon a motion by Councilman Childs, communication from Kern County Junior Golf Association, P.O. Box 281, Bakersfield, supporting the proposed executive golf course along the banks of the Kern River in Southwest Bakersfield, was received and placed on file. Upon a motion by Councilman Christensen, communication from James W. Jacobs, 3256 Mulberry Drive, Bakersfield, dated June 11, 1985, requesting abandonment of portions of "P" Street and 23rd Street lying adjacent to Lot 7 of Block 149 of Bakers Homestead Tract, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Dickerson made reference to a letter from property owners to the City Council, Planning Commission and Homestead Development Company, regarding a wall developed approximately one year ago. Councilman Rockoff commended Councilman Dickerson for the method he used in putting items of concern on the agenda. Upon a motion by Councilman Moore, the following items are to be placed on the agenda for the next Council Meet- ing: 1) discuss International Year of the Youth; and 2) establishment of a non-profit foundation for community resident donations to the City. Councilman Christensen stated that the survey con- ducted at City Hall shows that the majority supports limiting smoking in their work places, and that a principle of equal importance is the right of the majority. REPORTS City Manager Caravalho read City Manager Report No. 6-85 regarding Sale of Property to Saint Joseph's Church as follows: On May 8, 1985, the City Council accepted and referred to staff a letter from Saint Joseph's Church requesting that the City-owned property north of Saint Joseph's Church parking lot off of Baker Street be given to the church. Staff was directed by Council to negotiate a sale on the pro- perty and has been in contact with Mr. Cliff Silviera who represents the Saint Joseph's Parish Council. Mr. Silviera has indicated the church is not interested in purchasing the City property Bakersfield, California, June 12, 1985 ~ Page 4 007 unless it was for no more than $100 and would rather pursue an option in which the property is given to the church. Staff has had an appraisal done on the property, and the appraisa! price was set at $21,400. Therefore, an offer of $100 does not appear to be reasonable. The property referred to above consists of Quincy Street north of Saint Joseph's Church and a small portion of land that was given to the City by the State of California as excess property after the construction of Highway 178. The portion of Quincy Street ill question has been through abandonment proceedings and, in fact, half of the eastern section of Quincy Street has been deeded to Saint Joseph's Church. The Finance Department recently attempted to sell the property by a competitive bid process, but no bids were submitted. Any owner of the property will have to allow an easement (fire lane) through the property. An appraisal was done by Egan Gost and has taken into account the detriments of an irregular shape, substan- dard size, easement influences and a captive buyer situ- ation but he has determined that there is a value to the adjacent property owner (church) and, therefore, val- ues it at $21,400. A negotiated sale and subsequent public hearing appears to be the only method available to the church to acquire the property below appraised val~ne. Upon a motion by Councilman Ratty, the sale of property to Saint Joseph's Church was referred to staff. City Manager Caravalho read City Manager Report No. 7-85, regarding request for use of city property adjacent to Kern River Channel Near Coffee Road and Stockdale Highway, as follows: On March 13, 1985, Mr. Paul Santy and Dr. Ted Murphy appeared before the City Council with separate requests concerning City owned property located adjacent to the Kern River Channe! west of Coffee Road and just north of Stockdale Highway. After each presentation, the Council referred both requests to the staff and Water resources Committee for evaluation and analysis as to the availa- bility of the land and comments back to the Council. On May 8, 1985, the Water Resources Committee and staff met with Mr. Santy and Dr. Murphy to hear and evaluate both proposals. Mr. Santy, representing San Creek Associates, submitted a proposal to construct and oper- ate a municipal golf course with re!ated facilities and services. Dr. Murphy, a biology professor at California State College, Bakersfield, requested that the City enter into an agreement with California State College, Bakersfield, or the College Foundation to preserve and set aside this property for the purpose of natural his- tory study and preservation of wildlife species. After review and consideration of both requests, staff has the following comments: The 380 acres area and 60 acre area of river floodplain between Coffee Road and Stockdale Highway (as shown on the attached map) appear large enough to support both requested uses, as was suggested in Kern River Water and Land Use Policies Study of 1981. Bakersfie]d, California, June 12, 1985 Page 5 In addition to the above lands, it was suggested in the 1975 City Acquisition E.I.R. and the Kern River Water and Land Use Policies Study of 1981 that the 2800 Acre Groundwater Recharge Area, which is iden- tical in its natural features to the above refer- enced 440 acres, should be designated for educational research purposes. (Also shown on the attached map). Although no formal proposal has been received by California State College, Bakersfield, the City would encourage Cal State to pursue a plan for educational research in this area. A municipal golf course in the area proposed by Sand Creek Golf Club meets all intended uses of the land and would be compatible with the Kern River Plan as currently proposed for adoption. The proposed golf course appears to provide a needed public recreation facility without the use of taxpayer funds and may provide revenue to the City which could potentially be used to develop other parks and recreational areas within the City. The development of a Riparian Studies Area would provide a beneficial educational facility. The combination of the 2800 Acre and 380 acre areas, of City-owned riparian land, appear capable of providing a significant riparian studies area. They appear to be desirable areas to implement Dr. Murphy's proposal. Recognizing the benefits of both projects to the community in the areas of recreation, education, and conservation, and assuming the projects meet the requirements of the California Environmental Quality Act (CEQA), staff recommends the following: Grant Sand Creek Associates a six-month exclu- sive right to begin negotiations of a long- term ]ease with City staff to develop the proposed 60 acre municipal golf course; and Invite specific proposals from the educational community to develop study areas within the remaining 380 acre area and the 2800 Acre Groundwater Recharge Area. Councilman Ratty made a motion to adopt recommenda- tions 1 and 2 in the report, assuming that the project will meet the requirements by the California Environmental Quality Act. Upon a motion by Councilman Childs, discussion was allowed to continue for five minutes regarding City Manager Report No. 7-85. Upon a motion by Councilman Childs, discussion was allowed to continue for three additional minutes regarding City Manager Report No. 7-85, with Councilman Christensen voting no. Upon a motion by Councilman Dickerson, discussion was allowed to continue for five additional minutes regarding City Manager Report No. 7-85, with Councilman Ratty voting no. Councilman Childs made a motion to call for the question which was approved with Councilman Christensen vot- ing no. Bakersfield, California, June 12, 1985 - Page 6 Upon a motion by Councilman Ratty, the recommendations in City Manager Report No. 7-85 to grant Sand Creek Associates a six-month exclusive right to begin negotiations of a long-term lease with City staff to develop the proposed 60 acre municipal golf course; and to invite specific proposals from the educational community to develop study areas within the remaining 380 acre area and the 2800 Acre Groundwater Recharge Area, assuming that the project will meet the requirements by the California Environmental Quality Act, were unanimously approved. Committee Proposals Councilman Rockoff, Chairman of , read Report No. 8-85 regarding , as follows: the Budget and Finance Housing Development The committee reviewed five proposals to develop housing in the southeast. Three of the proposals involved lots currently owned by the City. Of the other two propo- sals, one was for a 20-unit apartment complex and one was for a project that is nearly complete. Thomas Keys and Larry Parker submitted a prol~osal to develop a 20-unit apartment project. The project would provide affordable housing in Census Tract 14 which is directly to the north of Census Tract 22. We support the project in concept and are recommending that staff proceed to have the property appraised to further define the scope of the City's participation in the project. The committee will make a final recommendation on this project after review of the additional information is provided by staff. John Enriquez submitted a proposal to develop 5 single family houses on property owned by the City. Mr. Enriquez has successfully produced a similar product as a part of the City's New Construction Incentives program during 1982. He is requesting the City provide a deferred second trust deed to cover the cost of the land. This would reduce his development costs and thereby make the houses affordable to low and moderate income families. Mr. Enriquez has indicated that he has acquired low interest financing through the California Housing Finance Agency. This financing will also help the feasibility of his project. Therefore, we are rec- ommending that the City enter into an agreement to sup- port this project. Archie Sherman submitted a proposal to develop a duplex on land that he owns. His proposal stated that he would develop his proposal with or without our assistance. This indicated to staff that the City's assistance wasn't needed for this project. The other two proposals were for the same property that we are recommending for use with Mr. Enriquez's proposal. Therefore, we are recommending the following: 1. That staff prepare an agreement for execution by the Mayor setting forth the terms and conditions for partici- pating in the development of 5 single family houses with Mr. John Enriquez. 2. That staff prepare a refined scope of in the Keys/Parker proposal which will be to the committee for final action. participation brought back Bakersfield, California, June 12, 1985 Page 7 Upon a motion by Councilman Rockoff, Report No. 8-85 from the Budget and Finance Committee regarding Housing Development Proposals was received; staff was directed to prepare an agreement for execution by the Mayor setting forth the terms and conditions for participating in the development of five single family houses with Mr. John Enriquez; and staff is to prepare a refined scope of participation in the Keys/Parker proposal which will be brought back to the committee for final action. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 9-85 regarding review of application by Newport Federal for Industrial Development Bonds to finance the construction of a Convalescent Hospital, as follows: On May 17, 1985, this committee reviewed an application for Industrial Development Bonds submitted by Newport Federal, a California Corporation, for construction and long-term financing of a 99-bed convalescent hospital. In the application, they requested an Inducement Resolu- tion for tax-exempt bonds in the amount of $2.8 million. Newport Federal has applied for and received a use per- mit and environmental and building clearances from the City of Bakersfield for the site location on Auburn Street near Fairfax. They have also applied for and received a Certificate of Need from the State of California. According to the developer, the project will create 75 total employment positions, 60 being full-time, with 95 percent of these positions being filled by applicants from the Bakersfield area. Further economic impact from the project will be the aid to people in need since over 70 percent of their residents are on fixed Medi-Cal reimbursement. It appears that a clear public purpose is provided for by the provision of this service in a market that is currently underserved. (.5% vacancy rate in facilities which were in existence on 1/1/85), and the service is one that will be covered by the medical reimbursement program, thereby being available to lower income individuals. The application submitted is complete and included the appropriate application fee. The process from this point will start with the approval of the application and the adoption of an Inducement Resolution. Bond counsel for the applicant will then prepare all necessary documents and a public hearing will be scheduled. Upon completion of the public hearing and passage of the bond resolution, the bonds will be issued. In light of the apparent need for these facilities determined by staff from a review of available space in existing convalescent hospitals, and the ability to sponsor these bonds without exhausting the City's bond allocation for this year, it is the recommendation of this committee that the application from Newport Federal be approved and that an Inducement Resolution be adopted in the amount of $2.8 million for financing the con- struction of the facility to be known as the Heritage Convalescent Center of Bakersfield. Councilman Rockoff made a motion to receive Report No. 9-85 from the Budget and Finance Committee regarding review of application by Newport Federal for Industrial Development Bonds finance the construction of a Convalescent Hospital, and direct the City Attorney to prepare the resolutions. This motion was approved by the following roll call vote: to Ayes: Noes: Absent: Abstaining: Councilmen Childs, Christensen, Moore, None Councilman Barton Councilman Dickerson Ratty, Rockoff Bakersfie]d, California, June 12, 1985 - Page 8 Council, later in the meeting, adopted a resolution (see page 8) for the issuance of Industrial Development Revenue Bonds to finance the Newport Federal Convalescent Hospital. Committee follows: Councilman Rockoff, Chairman of the Budget and Finance , read Report No. 10-85 regarding Convention Bureau, as Attached to this report is a request from the Greater Bakersfield Convention Bureau asking that the City change the name on the City contract from the Chamber of Commerce to the Convention Bureau. This issue was referred to the Budget and Finance Committee on May 22, 1985. We have met with representatives of the Convention Bureau and the Chamber of Commerce in regards to this matter and recommend as follows: 1) City Manager be involved in the screening for the new position of Director of Marketing. 2) City Manager's Office to have a representative appointed to the Convention Bureau Board of Directors. 3) Convention Bureau to submit a quarterly report to the City in regards to the contracts that have been made for conventions. The Chamber of Commerce has agreed to these three stipu- lations. Therefore, we recommend that, effective July 1, 1985, the City Council instruct the City Attorney to change the name on the City contract from the Chamber of Commerce to the Greater Bakersfield Convention Bureau. Upon a motion by Councilman Rockoff, Report No. 10-85 from the Budget and Finance Committee regarding the Convention Bureau was received; the City Manager was directed to be involved in the screening for the new position of Director of Marketing; the City Manager's Office was directed to have a representative appointed to the Convention Bureau Board of Directors; and the Convention Bureau is to submit a quarterly report to the City in regards to the contracts that have been made for conventions. Adoption of Resolution No. 76-85 of the City Council of the City of Bakersfield for the issuance of Industrial Develop- ment Revenue Bonds to finance the Newport Federal Convalescent Hospital. Upon a motion by Councilman Rockoff, of the Council of the City of Bakersfield was lowing roll call vote: Resolution No. 76-85 approved by the fol- Ayes: Noes: Absent: Abstaining: Councilmen Childs, Christensen, None Councilman Barton Councilman Dickerson Moore, Ratty, Rockoff Councilman Dickerson indicated that the reason for his abstention was because he may have a conflict of interest. Councilman Moore read Report No. 7-85 from the Urban Development Committee regarding request for CDBG Assistance from Joseph Victori Wines Incorporated, as follows: Mr. Joe Umbach from Joseph Victori Wines Inc. presented their proposal to rehabilitate the property at 1233 East California Avenue to be used as a bottling plant. The proposal also includes the purchase of equipment for the business. The business would provide employment for 30 to 45 people and would be targeted to the residents in Census Tract 22. Bakersfield, California, June 12, 1985 - Page 9 In the proposal, Mr. Umbach is requesting Community Development Block Grant Funds in the amount of $500,000 to rehabilitate the building and purchase necessary equipment. He proposes to use $180,000 for rehabilita- tion and $320,000 for equipment. Based on svailable funds, the committee discussed providing assistance for the rehabilitation of the building contingent upon Mr. Umbach securing other financing for the equipment. This alternative was acceptable to Mr. Umbach. The committee is recommending that $180,000 from the Community Development Program be made availsble for this project. The expenditure of the funds for this project is contingent upon Joseph Victori Wines Incorporated securing financing for their equipment and presenting the proof of financing in a form acceptable to the City Attorney. Furthermore, they are to present a detailed work write-up specifying the work and line item costs covering the proposed rehabilitation of the structure at 1233 East California. The agreements concerning the City participation in this project should contain language directing Joseph Victori Wines Inc. to target their employment recruitment to residents of Census Tract 22. Also, the agreement should address the terms and conditions for repayment of the $180,000 for rehabilitation of the property. The committee is recommending that these funds be provided in the form of a non-interest bearing deferred loan· The loan would be due and payable upon sale or transfer of title. Therefore, it is recommended that the Council approve the recommendations incorporated in this report. Upon a motion by Councilman Moore, Report No. 7-85 from the Urban Development Committee was accepted. Upon a motion by Councilman Childs, implementation of Report No. 7-85 from the Urban Development Committee was delayed until the next regular Council Meeting. City Manager Caravalho made a report on the Golden Empire Transit Plan. He stated that the report is a comprehensive analysis of GET's existing fixed route and demand response transit system. It evaluates the level of transit service currently pro- vided and develops cost effective system alternatives. Upon a motion by Councilman Moore, the Golden Empire Transit Plan was referred to the Urban Development Committee for review and recommendation back to Council. CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claims Nos. 6995 to 7417 inc]u- sive, in the amount of $1,610,858.23. Claim for Personal Injury from Melvin Luverne Sebring, c/o Elvin R. Meek, Attorney at Law, P.O. Box 10, 285 W. Rialto Avenue, Rialto, CA. (Refer to City Attorney) Claim for Personat Injury from Sadie B. Newman, c/o Robert J. Gardiner, Attorney at Law, 1522 - 18th Street, Suite 209, Bakersfield. (Refer to City Attorney) Bakersfield, California, June 12, 1985 Page 10 Claim for Damages from Terry L. Moreland, dba Moreland Corporation, 4520 California Avenue, Bakersfield. (Refer to City Attorney) Claim for Indemnity from Tarabino Real Estate Company, Inc., c/o Robinson, Palmer & Stanton, 3434 Truxtun Avenue, Suite 150, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries and Damages from Charles S. Pierce and Linda Pierce, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, Bakersfield, CA. (Refer to City Attorney) Claim Against Public Entity from Allen Asbury, c/o Law Offices of Richard M. Long, 5500 Ming Avenue, Suite 256, Bakersfield, CA. (Refer to City Attorney) Claim for Damages from Robert D. Tackett, 17 Columbus, Bakersfield, CA. (Refer to City Attorney) Claim for Damages from George W. Finzel, 1320 Sandra Drive, Bakersfield. (Refer to City Attorney) Street Right-of-Way Deed from U.S. Home Corporation additional Street Right-of-Way on Dovewood Street and Beechwood Street for Tract 4788 - "A", located northerly of White Lane and easterly of Stine Road. Water pipeline easements from Oil Center Partnership and PSI Land Company for Parcel Map 5627, located in County area northerly of Rosedale Highway and westerly of Gibson Street. Street Right-of-Way Deed from J.O. Barber for additional right-of-way on Wible and Garland Avenue as required by the Planing Commission for commercial development, located northeast of Pacheco Road and Wible Road. Street Right-of-Way Deed from Rascap Realty Ltd., for additional right-of-way on Ming Avenue as required by the Planning Commission for Parcel Map Waiver 32-84, located at the southeast corner of Wible Road and Ming Avenue (in front of Sears). Street Right-of-Way Deed and a Flowage Easement from Lawton Powers et. al. for dedication of public street right-of-way and an easement for drainage purposes as required by the Planning Commission for Parcel Map 7470, located at the southeast corner of Panama Lane and Wible Road. Bike Trail Easement from Tenneco Realty Development Corporation for a portion of the Bike Trail located northwesterly of the intersection of Stockdale Highway and the River Canal. Waterline Easement from Darrell L. Sparks and Mary J. Sparks for an existing City waterline in the Fairhaven Water System on Parcel Map No. 5907, located between Standard Street and Rosedale Highway. Baker q. X o sfield, California, June 12, 1985 - Page 11 Quitclaim Deed from the City of Bakersfield to Dan B. Speare Broadcasting Enterprises, Inc. for quitclaiming mineral rights conveyed to the City with the granting of the drainage retention basin in Tract 4716, located south of Pacheco Road, east of Akers Road. Irrevocable offer of Public Road Easement from Leo A. Schamblin, Jr. and Carolyn Jan Schamblin to the City of Bakersfield providing an offer of additional road easement for Pitts Avenue and Bella Drive as required for future development, located approximately 1.5 miles westerly of Junction of Highway 178 and Alfred Harrel Highway. Quitclaim from the City of Bakersfield to Darrell L. Sparks and Mary J. Sparks for an unused waterline easement in the City's Fairhaven System. The waterline was relocated dur- ing construction and the present described easement is not needed. Quitclaim from the Johnnie W. Clanton struction easement System. City of Bakersfield to for a temporary water]inc con- in the City's Fairhaven Water Quitclaim from the City of Bakersfield to Leonard E. Seaton and Donna L. Seaton for a temporary water]inc construction easement in City's Fairhaven Water System. the Quitclaims from the City of Bakersfield to Darrell L. Sparks and Mary J. Sparks for tem- porary waterline construction easements in the City's Fairhaven Water System. Map of Tract No. 4772 and Improvement Agreement with Tenneco Realty Development Corporation, for the construction of improvements located at the southeast corner of Ming Avenue at E1 Portal Drive. Notices of Completion and Acceptance of Work on: Construction of Wastewater Treatment Plont No. 3 Lagoon Modifications, Contract No. 84-221, with Micon. Tract No. 4620, Contract No. 83-202, with Tenneco Realty Development Corporation, located at Park View Drive and Campus Park Drive. Tract No. 4655, Contract No. 84-10, with U.S. Home Corporation, located at Beechwood Street easterly of Stine Road. Parcel Map No. 5921, Contract No. 83-91, with John s. Griffith & Company, located at Beechwood Street easterly of Stine Road. Tract No. 4646, Contract No. 85-21, with Regional Mortgage Company, located at Panama Lane and Castleford Street. Parcel Map No. 7145, Contract No. 84-262, with Tenneco Realty Development Corporation, located at Wible Road and Pacheco Road. Parcel Map No. 5944, Contract No. Vil]a-Loma Development, located at south of Freeway 178. 83-164, with Fairfax Road Bakersfield, California, June 12, 1985 Page 12 Application for Encroachment Permit from Don F. Myers, 6905 Patton Way, for the installation of four-foot high chain link fence behind the sidewalk at 323 to 351 Lakeview Avenue. Application for Encroachment Permit from Mr. Hugh Sill, 1809 Beech Street, for the construction of a six-foot high wall with planter area located three-feet behind the existing sidewalk at 1809 Beech Street. aa. Application for Encroachment Permit from Chuck Jimerson, Holdens Truck Center, 3775 Pierce Road, for the installation of a fuel price sign located 11 feet behind the curb to the edge of sign. bb. Application for Encroachment Permit from San Joaquin Community Hospital, 2615 Eye Street, for the installation of eight-foot high redwood fence 11 feet 8 inches behind the curb on 26th Street at 2601 Chester Avenue. CC. Application for Encroachment Permit from Joseph Victori Wines, Inc., 1233 East California Avenue, for the installation of an eight foot chain link fence within an alley right-of-way on the east side of the lot at 1233 East California Avenue. The alley right-of-way is not used as an alley and has been requested to be abandoned by applicant. dd. Application for Encroachment Permit from Robert R. Miller, 400 East Roberts Lane #39, for the installation of parking spaces encroaching three feet into the street right-of-way on "K" Street and 26th Street at 1402 26th Street. ee. Request from Bennet Manning for an Extension of Time to complete improvements in Tract 4615, Agreement No. 84-126. ff. Program Supplement No. 23 to Local Agency-State Master Agreement between the State of California and the City of Bakersfield for widening the Oak Street Over- crossing at the Santa Fe Railroad. gg- City Hall Smoking Survey. The survey indicates that this issue is supported by a majority of the employees. Staff will meet with employees and develop an ordinance to be submitted to Council for implementation in City Hall. Upon a motion by Councilman Rockoff, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s, t, u, v, w, x, y, z, aa, bb, cc, dd, ee, ff, and gg, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Rockoff None Councilman Barton Christensen, Dickerson, Moore, Ratty Bakersfield, California, June 12, 1985 Page 13 RECESS Upon was declared at p.m. a motion by Councilman Dickerson, a brief recess 8:55 p.m., and the meeting was reconvened at 9:05 ACTION ON BIDS Councilman Moore made a motion to accept the bid from Abate-A-Weed in the amount of $11,850.00 and authorize the Mayor to execute the contract. Councilman Dickerson made a substitute motion to defer the acceptance of the bid until the Council is provided the names of the chemicals This motion was defeated with Councilman Dickerson voting aye. Upon a motion by Councilman Moore, the bid from Abate-A-Weed, in the amount of $11,850.00, for application of che- micals - annual contract, was approved with Councilman Dickerson voting no. Upon a motion by Councilman Ratty, the low bid of American Fence Company, in the amount of $14,105.00, for fencing annual contract, was accepted and the Mayor was authorized to exe- cute the contract. Upon a motion by Councilman Dickerson, the low bid of Omega Construction, in the amount of $32,800.00, for restroom remo- del at Fire Station No. 2, was accepted and the Mayor was author- ized to execute the contract. Upon a motion by Councilman Ratty, the bid from Industrial Asphalt, in the amount of $185,871.00, for asphalt con- crete annual contract, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, the low bid from Battery Exchange, in the amount of $8,667.06, for automotive bat- teries - annual contract, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen. the low bid from Granite Construction, in the amount of $25,440.00, for select road materials - annual contract, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, the low bid from lakeside Truck Body Co., Inc., in the amount of $27,158.26, for a one ton stencil truck was accepted and all other bids were rejected. Upon a motion by Councilman Christensen, the low bid of Granite Construction Co., in the amount of $79,188.00, for resur- facing Niles Street from Baker Street to Union Avenue, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, the low bid from Granite Construction, in the amount of $90,994.00, for resur- facing Beale Avenue from Monterey Street to Pearl Avenue, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, the low bids from Helena Chemical (four items), in the amount of $3,117.04, Target Chemical (one item), in the amount of $931.10, and Los Angeles Chemical (two items), in the amount of $170.13, for Chemicals for Parks Division, were accepted and all other bids were rejected. Bakersfield, California, June 12, 1985 - Page 14 Upon a motion by Councilman Childs, the low bid from A.C. Electric Company, in the amount of $12,475.00, for relocation of traffic signals at Union Avenue and Planz Road, was accepted, all other bids rejected. and the Mayor was authorized lo exe- cute the contract. Upon a motion by Councilman Christensen, the low bid from A.C. Electric Company, in the amount of $112,500.00, for traffic signal modifications on Eye Street, at 17th and 18th Street; on 19th Street at "M" and "N" Streets; and on Niles Street at Haley Street, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, the low bid from Jerry Lo Myers Company, in the amount of $51,443, for construction of storm drains in Myrtle Street between Brundage Lane and Bank Street and in "F" Street at 30th Street, was accepted, and all other bids rejected. Approve the use of savings from completed projects to supplement funding on this project, and authorize the Mayor to execute the contract. Upon a motion by Councilman Childs, the low bid of W.H. Moore Construction, in the amount of $30,150.00, for installation of impact attenuators on Truxtun Avenue Bridge at Union Avenue, was accepted, all other bids rejected. Approve the use of savings from completed projects to supplement funding on this project, and authorize the Mayor to execute. Upon a motion by Councilman Ratty, the low b}d from Apex Fence Company in the amount of $15,700.00, for construction of metal beam guard rail at Truxtun Avenue and Freeway 99 and Stockdale Highway at Kern River Bridge, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price with Robicon Corporation to pur- chase variable frequency drive unit for Wastewater Treatment Plant No. 3, not to exceed $23,000.00 DEFERRED BUSINESS Adoption of Ordinance No. 2976 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 3801 Pierce Road. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2976 New Series of the City of Bakersfield, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Rockoff None Councilman Barton Christensen, Dickerson, Moore, Ratty, Adoption of Ordinance No. 2977 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 193 through 220 Oakbank Road. Bakersfield, California, June 12, 1985 - Page 15 Upon a motion by Councilman Moore, Negative Declaration and Ordinance No. 2977 New Series of the City of Bakersfield, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes Absent: Councilmen Childs, Christensen, Rockoff None Councilman Barton Dickerson, Moore, Ratty, Adoption of Ordinance No. 2978 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 200 Coffee Road. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2978 New Series of the City of Bakersfield, finding said zoning consistent with the General Plan, ~Nere adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Rockoff None Councilman Barton Dickerson, Moore, Ratty, Adoption of Ordinance No. 2979 of the Council of the City of Bakersfield amending Chapter 17.60 of the Bakersfield Municipal Code Relating to Signs. Councilman Moore made a motion to adopt a Negative Declaration and Ordinance No. 2979 of the Council of the City of Bakersfield. Councilman Childs made a substitute motion to continue this matter until Monday, June 17, 1985 to correspond with the time tonight's meeting is adjourned to. At that time, the Council will continue with all the items on the agenda, until a motion is again made to adjourn to the following night. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Childs, Moore, Ratty, Rockoff None Councilman Barton Councilmen Christensen, Dickerson HEARINGS This is the time set for public hearing before the Council for the purpose of con- sidering giving approval to Amendment No. 2 to the Kern County Solid Waste Management Plan, 1983 Revision, proposed by the County of Kern and involving a new project by Shell California Production, Inc. (SCPI) for a Class II solid waste solar evaporation ponds for disposal of liquid scrubber waste from secondary recovery operations, at the general location of the E½ of NW¼ of Section 23, T.32S., R. 23E., MDB & M about 2 miles south of Taft off of Twenty-Five Hill Road. Mayor Payne declared the hearing open for public participation. Ray Ouellette, staff Environmental Engineer for Shell California Production, Inc., spoke in support of amendment to the Kern County Solid Waste Management Plan. Bakersfield, California, June 12, 1985 Page 16 No Payne closed beration. further protests or objections being received, Mayor the public portion of the hearing for Council dell- Upon a motion by Councilman Moore, Resolution No. 77-85 Concurring in Amendment No. 2 to the Kern County Solid Waste Management Plan 1983 Revision, was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Childs, Christensen, None Councilman Barton Councilman Dickerson Moore, Ratty, Rockoff NEW BUSINESS First reading of an Ordinance amending Sections 17.14.060, 17.15.060 and 17.18.060 of the Bakersfield Municipal Code relating to Minimum Rear Yards. First reading of an Ordinance amending Sections 17.42.044, 17.42.050 A, 17.42.060 E, and repealing Section 17.42.060 E of the Bakersfield Municipal Code relative to excavation and removal of rock, river gravel, sand and other materials. First reading of an Ordinance 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 Akers No. 3 Annexation. First reading of an Ordinance 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 Hughes No. 2 Annexation. First reading of an Ordinance 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 Fairview No. 2 Annexation. Adoption of Resolution No. 78-85 of applica- tion by the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 303 (Akers No. 3). Upon a motion by Councilman Childs, Resolution No. 78-85 of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Ratty, Rockoff Councilman Barton Dickerson, Moore, Adoption of Resolution No. 79-85 of applica- tion by the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 302 (Hughes No. 2). ~ ~ ~t Bakersfield, California, June 12, 1985 Page 17 Upon a motion by Councilman Childs, Resolution No. 79-85 of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes Absent: Councilmen Childs, Christensen, Councilman Dickerson Councilman Barton Moore, Ratty, Rockoff Adoption of Resolution No. 80-85 recommending changes to Site Plan Review Policies 2 and 3 as amended. Councilman Ratty made a motion to adopt Resolution No. 80-85 of the Council of the City of Bakersfield. Councilman Rockoff made a substitute motion to send the Site Plan Review Policies No. 2 & 3 back to the Planning Commission with a specific recommendation for a change in distance from 100 feet to 150 feet, and all other things to come back as presented. City Attorney Oberholzer indicated that these par- ticu]ar site plan policies are adopted by the Planning Commission pursuant to the authority that the Council gave the Planning Commission. The Council acts only as the approving agency of the requirements. It will have to go back to the Planning Commission instructing them that the Council will not approve it and the policy will then come back to the Council with a new number. City Attorney Oberholzer indicated that a roll call vote should be taken. The Attorney's Office will prepare a reso- lution going back to the Planning Commission recommending the Council does not approve those policies. Councilman Rockoff's substitute motion to send the Resolution to the Planning Commission specifically recommending a change of distance from 100 feet to 150 feet, and all other things to come back as presented, was approved by the follow- ing roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Ratty, Rockoff None Councilman Barton Dickerson, Moore, Adoption of Resolution No. 81-85 of appli- cation by the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 301 (Fairview No. 2). Upon a motion by Councilman Ratty, Resolution No. 81-85 of the Council of the City of Bakersfie]d, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Ratty, Rockoff Noes: None Absent: Councilman Barton Dickerson, Moore, Bakersfield, California, June 12, 1985 - Page 18 Adoption of Resolution No. 82-85 of the Council of the City of Bakersfield initiating proceedings for the annexa- tion of territory to the City of Bakersfield identified as Proceeding No. 867, Annexation No. 296, in accordance with LAFCO Resolution Making Determination (Real No. 5). Upon a motion by Councilman Moore, Resolution No. 82-85 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Ratty, Rockoff Noes: None Absent: Councilman Barton Dickerson, Moore, Adoption of Resolution of Intention No. 982 of the Council of the City of Bakersfield to establish Maintenance District No. 12 (El Portal). Upon a motion by Councilman Dickerson, Resolution of Intention No. 982, of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Ratty, Rockoff Noes: None Absent: Councilman Barton Dickerson, Moore, Adoption of Resolution No. 83-85 of the Council of the City of Bakersfield pre- liminarily adopting, confirming and approving Public Works Manager's Report; appointing time and place for hearing protests to the proposed District; the boundaries thereof; the fairness of the benefit formula; the amount of assessment to be levied against each parcel; and the reservation of right to perform work by City forces. Upon a motion by of the Council of the City following roll call vote: Councilman Ratty, Resolution No. 83-85, of Bakersfield, was adopted by the Ayes: Noes: Absent: Councilmen Childs, Ratty, None Councilman Barton Christensen, Rockoff Dickerson, Moore, Adoption of Resolution of Intention No. 983 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of 16th Street between "A" and "D" Streets in the City of Bakersfield. Upon a motion by Councilman Childs, Resolution of Intention No. 983, of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Ratty, Rockoff Noes: None Absent: Councilman Barton Dickerson, Moore, Bakersfield, California, June 12, 1985 Page 19 Approval and adoption of Negative Declaration for proposed installation of a lighted softball facility in Beach Park. Upon a motion by Councilman Ratty, Negative Declaration, for proposed installation of a lighted softball facility in Beach Park, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Ratty, Rockoff None Councilman Barton Dickerson, Moore, Approval of Agreement between the City of Bakersfie]d, County of Kern, and Bakersfield College regarding a "Fire Simulator System" for training fire personnel. Upon a motion by Councilman Moore, Agreement with the County of Kern and Bakersfield College for a "Fire Simulator System" for training fire personnel, was approved and the Mayor was authorized to execute the agreement. Approval of Agreement between the City of Bakersfield and Larry Walker for consulting services and assistance in preparing and presenting the City's appeal of the final audit on the Environmental Protection Agency Grant for Wastewater Treatment Plant #2. Upon a motion by Councilman Moore, Agreement with Larry Walker, for consulting service and assistance in preparing and pre- senting the City's appeal of the final audit on the Environmental Protection Agency Grant for Wastewater Treatment Plant #2, was approved and the Mayor was authorized to execute the agreement. Approval of Agreement between the City of Bakersfield and Kern County for the City's participation and cost sharing for the Criminal Justice Information/ Computer Aided Dispatch Systems. Upon a motion by Councilman Rockoff, Agreement with Kern County, for the City's participation and cost sharing for Criminal Justice Information/Computer Aided Dispatch Systems, was approved and the Mayor was authorized to execute tile agreement. the Approval of Agreement with Ed Rodgers, Auctioneer, for rental of property located at 16th and "S" Streets. Upon a motion by Councilman Dickerson, Agreement with Ed Rodgers, Auctioneer, for rental of property located at 16th and "S" Street, was approved and the Mayor was authorized to execute the agreement. Approval of Agreement between the City of Bakersfield and Five Star Parking for the 18th and Eye Street Parking Facility Management. Upon a motion by Councilman Ratty, Agreement with Five Star Parking for the 18th and Eye Street Parking Facility Management, was approved and the Mayor was authorized to execute the agreement. Bakersfield, California, June 12, 1985 Page 20 1985-86 Water Price and Sand Sale Schedule. Upon a motion by Councilman Moore, the 1985-86 Water Price and Sand Sale Schedule was approved. Exemption for Cities from State Sales Tax. Upon a motion by Councilman Dickerson, the issue of exemption for cities from State Sales Tax was referred to the Legislation Committee for study and recommendation back to the Council. Request to establish Rules and Procedures Ad Hoc Committee. Councilman Moore made formed, that the Mayor be a part Committee. a motion that if the committee is of the Rules and Procedures Ad Hoc Councilman Dickerson made a substitute motion to form a Rules and Procedures Ad Hoc Committee with the Mayor, Councilman Rockoff, and Councilman Dickerson being members. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Councilmen Ratty Councilman Barton Dickerson, Moore, Rockoff Request for review of planning process regarding R-1 lot size variances. Upon a motion by Councilman Rockoff, Councilman Dickerson's request for review of planning process regarding R-1 lot size variances was referred to staff to report back for a determination at a later time by Council. Request for Council to direct the Planning Commission to review and draft interim ordinance for parks and recreation. Upon a motion by Councilman Dickerson, the request for Council to direct the Planning Commission to review and draft interim ordinance for parks and recreation was deferred to be heard at the recessed meeting after budget hearings. Request for Council Meeting Curfew. Upon a motion by Councilman Dickerson, the Council Meeting Curfew issue was referred to the Rules and Procedures Ad Hoc Committee for recommendation back to the Council. each item be placed Councilman Childs requested that that a Council Ward designation for identification of each ward. at the end of (CW) and the ward number Councilman Dickerson made a motion to refer the number- ing of Council Ward designations on the agenda to the Rules and Procedures Ad Hoc Committee. This motion was unanimously approved. Upon a motion by Councilman Christensen, staff was directed to number the reports in sequence for the Council. City Manager Caravalho stated that he would like to look into the numbering of reports because of record-keeping purposes in the Clerk's Office. Councilman Moore suggested that staff review this proce- dure, and if they have a comment for a better procedure, they can bring it back. Bakersfield, California, June 12, 1985 Page 21 RECESS Councilman Ratty made a motion to recess the meeting. Councilman Moore made a Council Meeting at 11:48 p.m., to Hearing on Tuesday, June 18, 1985. substitute motion to recess the the adjournment of the Budget ATTEST: MAYOR of the City of BakerSfield, Calif. CITY CLERK and Ex ~fficio Clerk of the Council of the City of Bakersfield, California CW/rg Bakersfield, California, June 17, 1985 Minutes of a recessed meeting of the Council of the City of Bakersfield, held in the Council Chambers of City Hall at 5:34 p.m., June 17, 1985. The meeting was called to order by Mayor Payne. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton (seated at 5:35 p.m.) Absent: None DEFERRED BUSINESS Adoption of Ordinance No. 2979 of the Council of the City of Bakersfield Amending Chapter 17.60 of the Bakersfield Municipal Code Relating to Signs. A public hearing was held and first reading was given by the City Council at the meeting of May 22, 1985. This item was continued from the meeting of Julie 12, 1985. RECESS Upon a motion by Councilman Rockoff, the meeting was recessed at 5:35 p.m. and reconvened at 5:40 p.m. Upon a motion by Councilman Dickerson, individuals who had not previously made a statement regarding the Sign Ordinance were allowed to speak for three minutes each. William H. Davies, owner of properties at 2815 and 2819 "F" Street, spoke in opposition to the Sign Ordinance. Greg Thompson, door advertising signs, to the Sign Ordinance. affiliated with off-premise signs and out- Stockton, California, spoke in opposition Tom Parsons, Senior Vice President of Community First Bank, spoke in opposition to the Sign Ordinance. Pete Leveroni, representing Michele Spaulding, owner of Subway Sandwiches, spoke in opposition to the Sign Ordinance. Ralph Kemprud, owner of Tower Motel, spoke in opposition to the Sign Ordinance. Leon Thomas, private citizen, spoke in opposition to the Sign Ordinance. Jim Dale, owner of Dale's Restaurant Supply, spoke in opposition to the Sign Ordinance. Jim Bailey, business owner, spoke in opposition to the Sign Ordinance. Chuck Jimerson, that each business should Ordinance. owner of Jimerson Truck Stop, indicated be looked at differently within the Sign Councilman Moore made a motion to adopt the Negative Declaration and Ordinance No. 2979 amending Title Seventeen of Municipal Code. the Councilman Childs made a substitute motion to approve the sign ordinance with the stipulation that those signs existing prior to the July 1976 date be exempt from the sign ordinance, and those signs that were erected after the 9th of July, 1976 date be made to com- ply with the new sign ordinance. Bakersfield, California, June 17, 1985 - Page 2 Councilman Barton amended the substitute motion to approve the sign ordinance; to adopt a Negative Declaration; to direct staff to have at ]east three workshops within 60 days with the Council attending to possibly amend the sign ordinance in areas of concern such as grandfathering in and the economic impacts created; that the Council will not implement the ordinance until after the workshops are completed; to be enforced on August 17, 1985; and that those businesses which will be affected will be noti- fied that their sign will have to be changed. RECESS Upon request by Councilman Barton, the meeting was recessed at 6:55 p.m. and reconvened at 7:03 p.m. Councilman Barton's amended substitute motion to approve the sign ordinance; to adopt a Negative Declaration; to direct staff to have at least three workshops within 60 days with the Council attending to possibly amend the sign ordinance in areas of concern such as grandlathering in and the economic impacts created; that the Council will not implement the ordinance until after the workshops are completed; to be enforced on August 17, 1985; and that those businesses which will be affected will be notified that their sign will have to be changed, was defeated by the following roll call vote: Ayes: Noes: Absent: Councilman Barton Councilmen Childs, Rockoff None Christensen, Dickerson, Moore, Ratty, Councilman Childs' substitute motion to approve the sign ordinance with the stipulation that those signs existing prior to the July 1976 date be exempt from the sign ordinance, and those signs that were erected after the 9th of July, 1976 date be made to comply with the new sign ordinance, was defeated by the follow- ing roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Dickerson Councilmen Moore, Ratty, Rockoff, Barton None Upon a motion by Councilman Moore, Negative Declaration and Ordinance No. 2979, were approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Moore, Ratty, Rockoff, Barton Councilmen Childs, Christensen, Dickerson None Councilman Barton made a motion to have three workshops for the Council within the next 60 days to consider the newly adopted Sign Ordinance; and allow staff a couple of weeks to deve- lop a strategy as to how they will notify the affected property owners or businesses and how they will conduct the workshops, was approved by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Barton Noes: Councilmen Childs, Christensen, Dickerson Absent: None Bakersfield, California, June 17, 1985 Page 3 RECESS Upon a motion by Councilman Ratty, the meeting was recessed at 7:20 p.m., until Tuesday, June 18, 1985 at 5:30 p.m. MAYOR or' the City of Ba~k/ersfield, Calif. CITY CLERK and Ex'Officio Clerk of the Council OF THE City of Bakersfield, California Bakersfield, California, June 17, 1985 Minutes of a budget session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:30 p.m., June 17, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Christensen, Dickerson, Moore, Ratty, Rockoff, Childs, Barton, (seated at 5:35 p.m.) Absent: None RECESS Upon a motion by Councilman Childs, the budget session was recessed at 5:32 in order to deal with the Recessed Meeting of June 17, 1985 regarding the Sign Ordinance. The budget session was reconvened at 7:30 p.m. City Manager Caravalho gave a brief overview of the budget process for Fiscal Year 1985-86 Budget. HEARINGS This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fair- ness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of main- tenance by City forces on Maintenance District No. 1, which provides the basis for the benefit assessment street landscaping and be borne by all parcels Maintenance District No extending west from the the median strip of Gos eastern boundary of the For maintaining irrigation system to of property within · 1, generally east curb line of ford Road to the Arvin-Edison Canal and the area extending south from the curb line of Stockdale Highway to the center- line of Ming Avenue. Mayor Payne declared the hearing open for public par- ticipation. Lilian Young, 8000 Pearl, No. 24, spoke in opposition to Maintenance District No. 1. Upon a motion by Councilman Ratty, Resolution No. 84-85 of the Council of the City of Bakersfield approving and adopting the 1985-86 budget, levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector, was approved by the following roll call vote: Ayes: Councilmen Christensen, Moore, Ratty, Rockoff, Barton, Childs Noes: None Absent: None Abstaining: Councilman Dickerson Bakersfield, California, June 17, 1985 2 This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 2, which provides the basis for the benefit assess- ment for maintaining within Maintenance District No. 2, generally bounded by Ashe Road on the east, Ming Avenue on the south, E1 Portal Drive on the west (including all lots fronting on E1 Portal Drive) and Outingdale Drive/Kearsarge Way on the north (including all lots fronting Outingdale Drive and Kearsarge Way). Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, the public portion of the hearing was closed for Council delib- eration and action. Upon a motion by Councilman Moore, Resolution No. 85-85, of the Council of the City of Bakersfield for Maintenance District No. 2 approving and adopting the 1985-86 Budget, levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector, was approved by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Christensen, Moore, Ratty, Barton, Childs None None Councilman Dickerson Rockoff, This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fair- ness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 3, which provides the basis for the benefit assessment for maintaining street and parkway landscaping, walls, signs and parks to be borne by all parcels of property within Maintenance District No. 3, generally extending west from the east curb line of the median strip of Gosford Road to the west curb line of the median strip of Old River Road and the area extending north from the Southern Pacific Railroad right-of-way north to the centerline of White Lane. Mayor Payne declared the hearing open for public par- ticipation. Peggy Dewayne Pope, 8313 Eakins Drive, spoke in opposi- tion to the small number of maintenance districts, and stated that all residents should be in a maintenance district. Mrs. Pope submitted her statement to the City Clerk for filing. Kurt Cason, 4309 Appleton Way, spoke in opposition to the tax for Maintenance District No. 3. Craig Pope, 8313 Eakins Drive, questioned the use of the money and cost for aesthetics. Bakersfield, California, June 17, 1985 - Page 3 Vicki McCuan, 4405 Appleton Way, stated that the site is not properly maintained. Dale Boschman, 4404 LaFarge, spoke in opposition to the assessment. Vince Ortega, 4317 Appleton Way, spoke in opposition to the maintenance of the site. Scott McCuan, 4405 Appleton Way, stated that the sprin- klers run all day, break, and are not repaired expeditiously. No further protests or objections being received, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilman Ratty made a motion to refer the problems associated with Maintenance District No. 3 to the Budget and Finance Committee; as to whether it should be voluntary or involuntary; what methods should be used to formalize the complaints; and adopt Resolution No. 86-85 of the Council of the City of Bakersfield for Maintenance District No. 3 approv- ing and adopting the 1985-86 Budget, levying assessments, reserv- ing the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Abstaining Councilmen Christensen, Moore, Barton, Childs, None None Councilman Dickerson Ratty, Rockoff, This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fair- ness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 4, which provides the basis for the benefit assessment for maintaining street and parkway landscaping, walls, and parks to be borne by all parcels of property within Maintenance District No. 4, that portion of Section 7, 8 and 17, Township 30 South, Range 27 East, M.D.M. Mayor participation. lie portion of action. Payne declared the hearing open for public No protests or objections being received, the pub- the hearing was closed for Council deliberation and Upon a motion by Councilman Moore, Resolution No. 87-85 of the Council of the City of Bakersfield for Maintenance District No. 4 approving and adopting the 1985-86 Budget, levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Childs, None Councilman Dickerson Moore, Ratty, Rockoff Barton, ,~ · Bakersfield, California, June 17, 1985 Page 4 This is the time set for public hearing before the Council for hearing protests by property' owners on the amount of assessment, the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 5, which provides the basis for the benefit assessment for maintaining street and parkway landscaping, walls, signs and parks to be borne by all parcels of property within Maintenance District No. 5, in that portion of Section 8, Township 30 South, Range 27, East M.D.M. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 88-85 of the Council of the City of Bakersfield for Maintenance District No. 5 approving and adopting the 1985-86 Budget, levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector, was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Moore, Ratty, None Councilman Christensen Councilman Dickerson Rockoff, Barton, Childs This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 6, which provides the basis for the benefit assess- ment for maintaining street and parkway land- scaping, walls, signs, and parks to be born by all parcels of property within Maintenance District No. 6, extending west from the east curb line of the median strip of Gosford Road to the eastern boundary of the Arvin- Edison Canal and the area extending south from the centerline of Ming Avenue to the intersection of the northern boundary of the Arvin-Edison Canal and Gosford Road. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Moore, Resolution No. 89-85 of the Council of the City of Bakersfield approving and adopting the 1985-86 Budget, levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector, was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Moore, Ratty, Rockoff, Councilman Childs None Councilmen Christensen, Dickerson Barton Bakersfield, California, June 17, 1985 Page 5 This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 7, which provides the basis for the benefit assessment for maintaining street and parkway landscaping, walls, and signs to be borne by all parcels of property within Maintenance District No. 7, extending west from the west boundary of the Arvin-Edison Canal to the westerly curb line of the median strip of Old River Road and the area extending north from the centerline of Ming Avenue to the south property line of California State College, Bakersfield, and the north right-of-way of Camino Media in Section 5, 6, 7, and 8, Township 30 South, Range 27 East, and a parcel of land south of the centerline of Ming Avenue, in Sections 7 and 8, Township 30 South Range 27 East. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 90-85 of the Council of the City of Bakersfield for Maintenance District No. 7 approving and adopting the 1985-86 Budget, levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Moore, Ratty, Rockoff, Barton, ChiLds Noes: None Absent: None Abstaining: Councilman Dickerson Councilman Dickerson stated, for the record, that there is no qualified City Attorney present. This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 8, which provides the basis for the benefit assessment for maintaining certain local improvements to be borne by all parcels of property within Maintenance District No. 8, generally bounded by Morning Drive on the east, College Avenue on the south, Fairfax Road on the west, and State Route VI Highway 178 on the north. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Bakersfield, California, June 17, 1985 Page 6 Upon a motion by Councilman Childs, Resolution No. 91-85 of the Council of the City of Bakersfield for Maintenance District No. 8 approving and adopting the 1985-86 Budget, levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector, was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Moore, Ratty, None Councilman Christensen Councilman Dickerson Rockoff, Barton, Childs REPORTS Councilman Rockoff, Chairman of the Budget and Finance Committee read Report No. 11-85, regarding Fiscal Year 1985-86 Operating, Capital Improvement and Redevelopment Agency Budgets, as follows: On May 22, 1985, the proposed annual budget for the City of Bakersfield and Redevelopment Agency 1985-86 fiscal year was submitted to the City Council. The proposed total budget represents expenditures of $101,220,676. The total operating budget is $68,970,992, Redevelopment Agency $1,691,808, and the Capital Improvement Project budget is $30,559,876. The budget represents all of the City of Bakersfield's financial responsibilities and provides budget informa- tion by department and by fund type. The budget also includes requests from outside groups such as the S.P.C.A., Convention Bureau, and the Bakersfield Symphony. The committee believes that the level of ser- vice represented in the budget will meet the current needs of the citizens of Bakersfield. The committee also recognizes that the continued pace of growth in the City is not matched by an equal rate of growth in per- sonnel or other resources, necessary to maintain our current level of service. We believe the proposed budget has been prepared and presented to the City Council taking into consideration all possible methods of cost containment without seriously reducing services. Pursuant to our review, we believe several recommenda- tions to be appropriate. First, that those changes approved by this committee in review of the Community Development Block Grant be made in a part of the Capital Improvement budget. In light of the availability of additional TDA funds, the committee recommends that the following projects be added to the Capital Improvement Program, per request by Dale Hawley, Public Works Manager. These projects are: 1) Sonora Street resurfacing (Union Avenue to East Truxtun Avenue), $42,000; 2) South Union Avenue resurfacing (Planz Road to South Chester Avenue), $118,000; 3) 17th Street resurfacing (Chester Avenue to F Street), $40,000; 4) Chester Lane resurfacing (Oak Street to Oleander Avenue), $77,000; 5) Larson Lane construction (west one-half 500 feet + south of Wilson Road), $23,000; 6) Westside Freeway right-of-way acquisition, $230,000, for a total of $530,000. In addition to the above, the 1985-86 Capital Improvement budget should include the following project which would be funded by the developer: construction of outfall sewer line (Plant #3 to Interstate #5 disposal site), totalling $2,5OO,OOO. In the Capital Improvement Program under Agricultural Water, the committee recommends that the fencing of the river canal, from the south bank Buena Vista Road to the Bakersfield, California, June 17, 1985 - Page 7 end, will be funded from $90,000 from the Agricultural Water Fund to reduce potential liability to the City and to be in compliance with City ordinances. This amount will be made available from the phasing of the 8th Street storm drain project, with $70,000 funded in the 1985-86 fiscal year and $70,000 funded in the 1986-87 fiscal year. The remaining $20,000 will be funded from the incorrect designation of the 16th Street-Elm Street P.D.A. as funded by Agricultural Water. This P.D.A. should be shown as a developer-funded project and a $20,000 increase to the capital outlay fund reflected. The committee also recommends that the amounts shown for the development of the Bakersfield Airpark in the pre- liminary Capital Improvement budget be amended to reflect the actual figures, Federal Revenue Sharing funding of $540,000 and the Airpark Enterprise portion of $2,365,000. With the development of the Airpark, there may be a need for the construction of the main water line on Union Avenue between Watts Drive and Pacheco, adjacent to the Bakersfield Airpark, in the 1985-86 fiscal year. We recommend that the Community Development Block Grant funds be reprogrammed in the 1984-85 allocation in the amount of $90,000 if this project becomes necessary. The committee would also like to note severall major issues in the Capital Improvement area. First, with the anticipated elimination of Federal Revenue Sharing and reductions of Community Development Block Grant, the City should seriously begin to explore alternative sour- ces of revenue for long-term capital projects such as roads, parks and other major public facilities. The committee noted that with the completion of the Fairfax Road to Alfred Harrell Highway there may be sig- nificant traffic impact on the intersection of Fairfax and State Highway 178. We recommend that temporary area lighting be installed and that staff continue to cooper- ate with CALTRANS to pursue improved channelization and traffic flow at that intersection. Staff indicates that the area lighting could be completed with existing funds. The committee would also like to recommend that any revenues received from the methane gas project reim- burse those funds which will provide improvements to that project. In addition to the above-mentioned items, the City Manager has informed the committee that due to a lack of funds, the policy of setting aside $600,000 for the Separation of Grade at Truxtun and Mohawk was not followed in the current year nor included in the pro- posed Capital Improvement Budget for 1985-86. The committee, in reviewing the operating budget, noted that the S.P.C.A. had requested additional funding for capital improvements to their facility. The committee notes that through some advances have been made in the area of animal control, we would like to see significant improvements in this area, preferably through an increased program of licensing and a spay-neuter program, in conjunction with local veterinarians, and we are recommending that staff study the facility impro- vements and animal control issue and report back to the committee. The committee also notes that there are expenditures related to computer activity in the proposed budget. We believe that staff should continue to utilize technology in every area possible and that long-term computer needs and the financing of new and replacement hardware be studied. The committee also feels that a method for Bakersfield, California, June 17, 1985 Page 8 providing funds for large capital outlay expenditures such as equipment should be pursued in the future due the uncertainty of continued federal funding. to The area of parks and recreation was identified as a major issue by the committee, and we recommend that a task force be created composed of citizens and Council members to review issues affecting parks and rec- reation in the City of Bakersfield and to make recommen- dations to the City Council regarding future park and recreation activities. The committee received a request from the Auditorium Manager for the purchase of isle carpeting to be util- ized during trade shows, exhibits and special events, at a cost of $6,000. This carpet would be rented to Auditorium users, and the cost would be recaptured within a period of approximately two years. The commit- tee, therefore, recommends that this request be included in the 1985-86 Operating budget. Funds for the carpet will be provided with the elimination of the 35mm camera requested by the Auditorium Department in the amount of $640, the elimination of the City Council's membership in the National League of Cities in the amount of $5,000, and the elimination of a set of encyclopedias requested by the Mayor's Office in the amount of $1,400. Staff has suggested that a surplus set of encyclopedias can be obtained from the County library sufficient to meet the needs of the Mayor's Office at minimal expense. With your approval recommended budget follows: of the above-mentioned changes, the for the 1985-86 fiscal year is as City Operating Redevelopment Operating Capital Improvements Total Budget $ 68,969,952 1,691,808 33,609,876 $104,271,636 This committee would like to thank the department heads and City Manager's staff for the effort they put forth in the preparation of the proposed budget as well as the assistance provided in arriving at our recommendations. In conclusion, this committee recommends the acceptance and approval of this report and the adoption of the Operating, Redevelopment Agency and Capital Improvement budgets as modified in this report. Councilman Rockoff made a motion to accept Report 11-85 from the Budget and Finance Committee and approve the implementation of the recommendations. No. RECESS Upon a motion by Councilman Childs, the meeting was recessed at 9:00 p.m. and reconvened at 9:30 p.m. Upon a motion by Councilman Rockoff Report No. 11-85 from the Budget and Finance Committee regarding Fiscal Year 1985-86 Operating, Capital Improvement and Redevelopment Agency budgets, was accepted and approved. CAPITAL IMPROVEMENT BUDGET 1985-86 City Manager Caravalho gave an overview of the Capital Improvement Budget 1985-86, and explained the projects proposed within the budget. Bakersfield, California, June 17, 1985 - Page 9 t ~ REDEVELOPMENT BUDGET 1985-86 Upon a request by City Manager Caravalho, the Redevelopment Budget for 1985-86 was deferred until June 26, in order for the Redevelopment Agency to approve the budget. 1985, RECESS Upon a motion by Councilman Christensen, the Council recessed its budget session at 10:08 p.m., until the budget ses- sion of June 18, 1985 at 5:30 p.m. MAYOR of the City of Bak4~rsfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California rg Bakersfield, California, June 18, 1985 Minutes of a budget session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:30 p.m., June 18, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Christensen, Dickerson, Moore, Ratty, Rockoff, Barton, Childs Absent: None RECESS Upon a motion by Councilman Dickerson, the budget ses- sion was recessed to deal with the Recessed Meeting of June 12, 1985, regarding request for Council to direct the Planning Commission to review and draft interim ordinance for parks and recreation. The Council Meeting was reconvened at 6:00 p.m. HEARINGS Revenue Sharing Funds. City Manager Caravalho gave a brief overview of the pro- jects proposed for the Revenue Sharing Funds. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. REPORTS Assistant City Manager Russell reported on new posi- tions, reclassifications, title changes and salary adjustments proposed in the budget for Fiscal Year 1985-86. Councilman Dickerson read Report No. 2-85 from the Personnel Committee, regarding majority report new positions, reclassifications, title changes and salary adjustments, as follows: The Personnel Committee met on Wednesday, June 12, 1985, at 12:00 noon to continue the discussion from Monday, June 10, on the new positions and reclassifications requested in the proposed budget. Mr. Dickerson moved that there has not been adequate time to review the material presented by the staff and, therefore, the meeting should be continued to the week of June 17. The motion passed with Chairman Childs voting no. Mr. Childs requested that a minority report be submitted. Councilman Dickerson read a memorandum submitted Councilman Christensen and himself, dated June 18, 1985, as follows: from After considerable discussion and time expended, the Personnel Committee is recommending the approval of staff's recommendation on additional positions with the addition of one Senior Planner or Planning Technician. Bakersfield, California, June 18, 1985 - Page 2 Councilman Childs read Report No. 3-85 from the Personnel Committee regarding Minority Report - new positions, reclassifications, title changes, and salary adjustments, as follows: Chairman Childs requested that a minority report be sub- mitted to the City Council on the subject of the propo- sed new positions and reclassifications. This matter was previously discussed on June 10 and continued to the meeting on June 12. Mr. Childs recommended requested new positions sented to the Personnel that the City Council approve and reclassifications as pre- Committee by the City staff. the Councilman Childs made a motion to accept the report and adopt the recommendations. Councilman Barton called for the question, which was approved with Councilman Dickerson abstaining. Upon a motion by Councilman Childs Report No. 3-85, from the Personnel Committee regarding Minority Report new positions, reclassifications, title changes and salary adjustments, was accepted and the recommendations contained therein were approved. Councilman Dickerson made a motion to reconsider Councilman Childs' motion accepting Report No. 3-85 and adopting the recommendations therein. The motion was unanimously approved. Upon a motion by Councilman Dickerson, Report No. 3-85 from the Personnel Committee regarding Minority Report - new posi- tions, reclassifications, title changes and salary adjustments, was accepted and the recommendations by staff were approved. Upon a motion by Councilman Childs, the request for an additional Senior Planner or Planning Technician for the Planning Department was referred to staff for investigation and report back to Council on their recommendation. This motion was unanimously approved. Resolution No. 92-85 of the Council of the City of Bakersfield amending Resolution No. 61-85 setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Barton, Resolution No. 92-85 of the Council of the City of Bakersfield was adopted by the fol- lowing roll call vote: Ayes: Noes Absent: Councilmen Christensen, Dickerson, Moore, Barton, Childs None None Ratty, Rockoff, Operating Budget 1985-86. Councilman Christensen made a motion that the Council be notified when a meal is going to be provided for the Council. The motion failed by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Dickerson, Childs Councilmen Moore, Ratty, Rockoff, Barton None Councilman Christensen made a motion that meetings not be held during the dinner hour, froin 6:00 p.m. to 7:30 p.m. The motion was defeated with Councilman Christensen voting aye. City Manager Caravalho made a report regarding the General Fund Budget for 1985-86. Bakersfield, California, June 18, 1985 - Page 3 RECESS Upon a motion by Councilman Barton, the budget session was recessed at 6:55 p.m., until June 26, 1985, at 7:00 p.m. in order to deal with the 1985-86 Operating Budget. MA OR o the City of Bakersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California CW:rg Calif. Bakersfield, California, June 18, 1985 Minutes of a recessed meeting of the Council of of Bakersfield, held in the Council Chambers of City Hall p.m. June 18, 1985. the City at 5:35 The meeting was called to order by Mayor Payne. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Childs, Christensen, Dickerson, Moore, Rockoff, Ratty, Barton Absent: None DEFERRED BUSINESS Request for Council to direct the Planning Commission to review and draft interim ordinance for parks and recreation. Meeting 1985. Action on this item was deferred from of June 12, 1985, until after the Budget the Council Hearing of June 17, Councilman Dickerson made a motion to refer the request for Council to direct the Planning Commission to review and draft interim ordinance for parks and recreation; the establishment of a commission to review the entire program to the Auditorium and Community Service Committee; and report back to the Council in 30 days. This motion was defeated with Councilman Dickerson voting aye. RECESS The Council Meeting was recessed at 5:50 p.m. and recon- vened at 5:55 p.m. Councilman Dickerson made a motion to form an Ad Roc Committee for parks and recreation activities with Councilmen Dickerson, Barton and Rockoff as the committee members. Councilman Barton made entire Council and Mayor act as tion activities. an amended motion to have the the committee for parks and recrea- Councilman Ratty called for the question, which was una- nimously approved. Councilman Barton's amended motion to have the entire Council and Mayor act as the committee for parks and recreation activities, was unanimously approved. Grant Agreement with Federal Aviation Admini- stration for Bakersfield Airpark Acquisition and Improvement Project. Upon a motion by Councilman Barton, the Grant Agreement with the Federal Aviation Administration for Bakersfield Airpark Acquisition and Improvement Project was approved and the Mayor was authorized to execute the agreement. Bakersfield, California, June 18, 1985 Page 2 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Childs, the meeting was adjourned at 6:00 p.m. MAYOR of the City of Bak~-~rsfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California rg Bakersfield, California, June 26, 1985 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., June 26, 1985. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance and Invocation by Reverend Don Sheldon of the First Christian Church. The City Clerk called the roll as follows: Present: Councilmen Christensen, Dickerson, Moore, Rockoff, Barton, Childs Absent: Mayor Payne. Councilman Ratty SCHEDULED PUBLIC STATEMENTS Mary Green, 4504 Harris Road, complained about the horses and their odor in her neighborhood. Upon a motion by Councilman Childs, Mrs. Green's com- plaint about the horses and their odor in her neighborhood was referred to staff. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Robert and Elizabeth Birchfield, 2700 Chester Avenue, Bakersfield, received June 10, 1985, requesting restriction for off-street parking be removed, was received and referred to the Planning Department. Upon a motion by Councilman Rockoff, communication from Thompson Displays, 1242 North Filbert St., Stockton, California, received June 24, 1985, requesting notification of workshops regarding the newly adopted sign ordinance, was received and referred to staff. COUNCIL STATEMENTS Councilman Dickerson stated that Gene Vicebinder was originally booked on Flight 847, which was recently highjacked, but eventually flew Air France. REPORTS City Manager Caravalho gave a report on the Workshop be held regarding Parks and Recreation Task Force, Conflict of Interest and Brown Act. to CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claims Nos. 7418 to 7829 inclu- sive, in the amount of $1,302,133.37. Claim for Damages from Charles Roundy, c/o Crawford & Company, 1234 Chester Avenue, #103, Bakersfield. (Refer to City Attorney) Claim for Damages from Jackie Robinson, Melissa Robinson. Bryan Robinson, Michael Borrecco and Steven Borrecco, c/o Attorney Michael J. Webb, 1430 Truxtun Avenue, Suite 500, Bakersfield. Application for Leave to Present Late Claim for personal injuries and damages by David Hartely, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, Bakersfield. Bakersfield, California, June 26, 1985 Page 2 Easement from City of Bakersfield to Pacific Gas and Electric Company for overhead electrical faci- lities. This easement will permit the construction of overhead electrical facilities across the Kern River at Mohawk Street to provide an alternate power source for the southwest Bakersfield area. This item was pulled to be heard after Hearings. Map of Tract No. 4777 and Improvement Agreement with Tenneco Realty Development Corporation for the construction of improvements and a Grant Deed to the City of Bakersfield for storm drain and access purposes to an existing drainage basin, located westerly of Ashe Road bet- ween Ming Avenue and White Lane. Map of Tract No. 4779, with Gannon Enterprises, Inc., for a subdivision, located between 38th and 40th Streets north to south, and "K" Street to Jewett Street east to west. Request from Tenneco Realty Development Corporation for Extensions of Time to complete improvements in Tract 4696, Agreement No. 84-150, located south of Ming Avenue, east of Old River Road, and Tract 4699, Agreement No. 84-147, Tract 4705, Agreement No. 84-169, Tract 4717, Agreement No. 84-146, all located north of White Lane and West of Gosford Road. The revised comple- tion date for Tracts 4696, 4699 and 4717 is July 18, 1986. The revised completion date for Tract 4705 is August 15, 1986. Improvement Agreement for Parcel Map No. 7470, with Lawton Powers & George F. Martin, for the construction street improvements at the southeast corner of Panama Lane and Wible Road. Notice of Completion and Acceptance of Work on "Furnish Manufactured Electrical Panelboard for Ashe Water Pumping Plant #15," Contract No. with Flo-Systems, Inc. 84-281 Notice of Completion and Acceptance of Work on "Furnish and Install Deepwell Turbine Pump and Motor for Ashe Pump Plant #15," Contract No. 85-3 S. A. Camp Pump Company. with Notice of Completion and Acceptance of Work on "Concrete Block Pumphouse for Ashe Water Pumping Station #15," Contract No. 85-315 with Gen-Par Construction Company. Notice of Completion and Acceptance of Work on: Centennial Park Sump Improvements, Phase I, Contract No. 84-245, with Micon Construction. Hartman Avenue Storm Drain, Carr Street Drive, Contract No. 85-60, with Salomon Construction. to Rio Bravo Pipeline Street improvements on Stine Road and Wible Road at Southern Pacific Railroad, Contract No. 85-22, with Griffith Company. the Bakersfield, California, June 26, 1985 - Page 3 Tract 4720, Development and east of Contract No. 84-148, Corporation, located Old River Road. with Tenneco Realty south of Ming Avenue Parcel Map No. 7087, Contract No. 83-203, with Safeway Stores, Inc., located at the southeast corner of So. "H" Street and White Lane. Application for Encroachment Permit from Wally Tucker Nissan for the construction of standard refuse enclosure and a block retaining wall within a sewer easement. Approval of Plans and Specifications for Reconstruction of Stine Road - Phase II beginning 80~ feet south of Parhero Road and ending 100 feet north of the Southern Pacific Transportation Company tracks. Contract Change Order No. i to Contract No. 85-79 with American Fence Company of California, Inc., for installation of chain link fencing around the west reservoirs at Treatment Plant 2. This Contract Change order is necessary because it provides additional fenc- ing to complete the west reservoir. r. This item was pulled to be heard after flearings. Agreement between the City of Bakersfield and Arlene Wade to teach intermediate stained glass. Agreement between the City of Bakersfield and Judy Morris to teach stained and leaded glass. Agreement between the City of Bakersfield and June Gabel to teach arts and crafts. Agreement between the City of Bakersfield and Bakersfield Musicians' Protective Association Local 263 to conduct seven (7) band concerts. Upon a motion by Councilman Rockoff, Items a, b, c, d, g, h, i, j, k, l, m, n, o, p, q, s, t, u, and v, of the Consent Calendar, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Childs None Councilman Ratty Dickerson, Moore, Rockoff, Barton, ACTION ON BIDS Upon a motion by Councilman Rockoff, the low bid from LEA Dynatech, Inc., in the amount of $8,045.40, for Electrical Surge Protection for 18th Street Parking Facility, was accepted and all other bids were rejected. Kern Turf with Grass Upon a motion by Councilman Christensen, the low bid from Supply, in the amount of $6,180.98, for Riding Gang lawnmower Catcher, was accepted and all other bids were rejected. Upon a motion by Councilman Moore, the low bid from H.V. Carter Company, in the amount of $6,868.80, for a Riding Gang Lawnmower, was accepted and all other bids were rejected. Upon a motion by Councilman Childs, the low bid from Casa Moore Furniture, in the amount of $7,412.58, for Squad Room Chairs (27) for the Fire Department, was accepted and the other bid rejected. Bakersfield, California, June 26, 1985 Page 4 Upon a motion by Councilman Christensen, the low bid from McCarthy Steel, in the amount of $4,745.00, for Scot Pak Air Tight Containment Building for the Fire Department, was accepted and all other bids rejected. Upon a motion by Councilman Childs, the low bid from Tri-County Roofing, in the amount of $89,800, for reroofing por- tions of City Hall, Fire Station No. 1 and Senior Citizen's Center, was accepted, all other bids rejected, approve the use of savings in the amount of $24,800, and authorize the Mayor to exe- cute the contract. Upon a motion by Councilman Rockoff, the low bid from James G. Francis, in the amount of $54,666.00, for Base Bid plus Addition A for pavement improvements on Mt. Vernon Avenue from south City limits to Panorama Drive, was accepted,all other bids were rejected, approve the use of savings in the amount of $10,666.00, and authorize the Mayor to execute the contract. Upon a motion by Councilman Moore, the low bid from Pacific Pipeline Survey, in the amount of $19,890, for base bid rehabilitation of a 54-inch storm drain in 21st Street between Westwind Drive and Oak Street (pipe joint grouting with acrylamid), was accepted and the Mayor was authorized to execute the contract. for Upon a motion by Councilman Christensen, the low bid from Granite Construction Company, in the amount of $126,657, for Schedule A for patching and resurfacing Chester Avenue from Truxtun Avenue to 24th Street, was accepted, all other bids rejected, approve the use of savings in the amount of $16,657, and authorize the Mayor to execute the contract. Upon a motion by Councilman Moore, the low bid from D.D. & K. Construction, in the amount of $11,090, for Demolition of Substandard Buildings, was accepted and all other bids rejected. Upn a motion by Councilman Moore, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price with Motorola to purchase Standby Modem for Police Department Computer Aided Dispatch System (CAD). Upon a motion by Councilman Childs, low bids from Safeguard Specialists (six items), in the amount of $5,657.41, San Diego Fire Equipment (five items), in the amount of $1,232.66, Western Fire Equipment (one item), in the amount of $1,224.30, and Halprin Supply Company (four items), in the amount of $1,682.75, for miscellaneous Fire Department supplies, were accepted and al! other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2980 of the Council of the City of Bakersfield amend- ing Sections 17.14.060, 17.15.060 and 17.18.060 of the Bakersfield Municipal Code relating to Minimum Rear Yards. This ordinance was given first reading at the meeting of June 12, 1985. Bakersfield, California, June 26, 1985 - Page Upon a motion by Councilman Rockoff, Negative Declaration and Ordinance No. 2980 New Series finding said zonings consistent with the General Plan, was adopted by the following roll call vote: Ayes: Count Noes: None Absent: Counc ilmen Christensen, Dickerson, Barton, Childs ilman Ratty Moore, Rockoff, Adoption of Ordinance No. 2981 New Series of the Council of the City of Bakersfield amending Sections 17.42.044, 17.42.050 A, 17,42.060 E, and 2.18.020 B and repealing Section 17.42.060 E of the Bakersfield Municipal Code relative to excavation and removal of rock, river grave], sand and other materials. This ordinance was given first reading at the meeting of June 12, 1985. Upon a motion by Councilman Moore, Negative Declaration and Ordinance No. 2981 New Series finding said zoning consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Dickerson, Barton, Childs Noes: None Absent: Councilman Ratty Moore, Rockoff, Adoption of Ordinance No. 2982 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 Akers No. 3 Annexation. This ordinance was given first reading at the meeting of June 12, 1985. Upon a motion by Councilman Childs, Negative Declaration and Ordinance No. 2982 New Series finding said zonings consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Childs Noes: None Absent: Councilman Ratty Dickerson, Moore, Rockoff, Barton Adoption of Ordinance No. 2983 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 Hughes No. 2 Annexation. This ordinance was given first reading at the meeting of June 12, 1985. Upon a motion by Councilman Moore, Negative Declaration and Ordinance No. 2983 New Series finding said zonings consistent with the General Plan, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Dickerson, Barton, Childs None Councilman Ratty Moore, Rockoff, Bakersfield, California, June 26, 1985 - Page 6 Adoption of Ordinance No. 2984 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 Fairview No. 2 Annexation. This ordinance was given first reading at the meeting of June 12, 1985. Upon a motion by Councilman Childs, Negative Declaration and Ordinance No. 2984 New Series finding said zonings consistent with the Genera] Plan, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Dickerson, Moore, Barton, Childs Noes: None Absent: Councilman Ratty Rockoff, Adoption of Resolution No. 93-85 of the Council of the City of Bakersfield approving and adopting the Operating, Capital Improvement, and Redevelopment Agency budgets for the Fiscal Year 1985-86. This resolution was deferred from the budget session of June 18, 1985. Upon a motion by Councilman Rockoff, Resolution No. 93-85 of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Dickerson, Barton, Childs None Councilman Ratty Moore, Rockoff, Deferral of Implementation of Report No. 7-85 from Urban Development Committee, regarding request for CDBG Assistance from Joseph Victori Wines, Incorporated. Upon a request of Councilman Childs at June 12, 1985, Council deferred implementation of until June 26, 1985. the meeting of this report Upon a motion by Councilman Childs, of Report No. 7-85 from the Urban Development adopted as follows: the recommendations Committee, were The committee is recommending that $180,000 from the Community Development Program be available for this pro- ject. The expenditure of the funds for this project is contingent upon Joseph Victori Wines Incorporated secur- ing financing for their equipment and presenting the proof of financing in a form acceptable to the City Attorney. Furthermore, they are to present a detailed work write-up specifying the work and line item costs covering the proposed rehabilitation of the structure at 1233 East California. The agreements concerning the City participation in this project should contain language directing Joseph Victori Wines Inc. to target their employment recruitment to residents of Census Tract 22. Also, the agreement should address the terms and conditions for repayment of the $180,000 for rehabilitation of the property. The committee is recommending that these funds be provided in the form of a non-interest bearing deferred loan. The loan would be due and payable upon sale or transfer of title. Bakersfield, California, June 26, 1985 - Page 7 ~ ~ RECESS Vice-Mayor Barton recessed the meeting at 7:35 p.m., and reconvened the meeting at 7:50 p.m. HEARINGS This is the time set for public hearing before the Council on an Appeal by Sandra Campbell to the decision of the Planning Commission approving an applica- tion by Sequoia Engineering, Inc., to amend the zoning boundaries from an A (Agricultural) Zone to an R-1 (One Family Dwelling) more restrictive Zone, affect- ing that certain property in the City of Bakersfield located on the southeast cor- ner of Harris Road and Akers Road. Vice-Mayor Barton declared the hearing open for public participation. Sandra Campbell, 3813 Margola Avenue, spoke in support of the appeal and submitted petitions to the Clerk. Willie Weldon, 3924 Harris Road, spoke in support of the appeal. Teddy M. Buddy, 5600 Julie Street, requested that the Council amead the zone change without variance. Jim Marino, 4420 Sugar Cane, spoke in support of the appeal. Harold Stot, 3600 De Ette Avenue, spoke in support of the appeal. Mike Mason, Homestead Land Development Corporation, 110 South Montclair, No. 104, spoke in opposition to the appeal. Tom Clark, 5300 California Avenue, attorney representing Victoria Delfino and Angela Dellinc, current owners of the prop- erty, spoke in opposition to the appeal. Robert Smith, 1430 Truxtun Avenue, representing Sequoia Engineering, spoke in opposition to the appeal. No further protests one else wishing to speak in public portion of the hearing or objections being received and no favor, Vice-Mayor Barton closed the for Council deliberation and action. RECESS Upon request of Councilman Dickerson, the meeting was recessed at 9:05 p.m. and reconvened at 9:18 p.m. Councilman Moore made a motion to establish a buffer zone with minimum lot widths to be equal to those properties across the street from each one of these, and that the lots have minimum depth of 100 feet on Harris and 115 feet on Akers; and that any internal lots not be smaller than City code. City Attorney OberhoIzer stated that Councilman Moore's motion would appropriately be one to adopt a Negative Declaration and Ordinance zoning the property R-1 with the conditions that the property fronting on Akers have a minimum lot size of 75 by 115 feet and the properly on Harris Road have a minimum lot size of 75 by 100; and that the internal lots conform to the R-1 zoning or have a minimum width of 60 feet and all lots Harris and Akers face the streets. Bakersfield, California, June 26, 1985 - Page 8 Councilman Childs made a substitute motion to be the same as Councilman Moore's with the exception that the internal lots be 56 feet. Councilman Dickerson amended the substitute motion that the average size of the lots within the subdivision be consistent with the average of those developments within the square mile area that are not PUD, that have not received final tract maps, and are not mobile home designation. This motion failed by the following roll call vote: Ayes: Councilmen Christensen, Dickerson, Noes: Councilmen Moore, Rockoff, Barton, Absent: Councilman Ratty Childs Councilman Childs withdrew his substitute motion. Councilman Dickerson made a motion to recess the meeting, which failed with Councilman Dickerson voting aye. Councilman Dickerson made a substitute motion to place the issue of zoning the property on the ballot as an advisory election, which failed by the following roll call vote: Ayes: Councilmen Christensen, Dickerson Noes: Councilmen Moore, Rockoff, Barton, Childs Absent: Councilman Ratty Councilman Childs called for the question, which was unanimously approved. Councilman Moore's motion to adopt a Negative Declaration and Ordinance No. 2985 New Series zoning the property R-1 with the conditions that the properties fronting on Akers have minimum lot size of 75 by 115 feet, properties fronting on Harris Road have a minimum lot size of 75 by 100 feet; the internal lots conform to the R-1 zoning requirements; and all lots on Harris and Akers face the streets, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Moore, Rockoff, Barton, Councilmen Christensen, Dickerson Councilman Ratty Childs RECESS Vice-Mayor Barton recessed the Council Meeting at 10:20 p.m., and reconvened the meet}ng at 10:30 p.m. This is the time set for public hearing before the Council oil an Appeal by Brian and Lynne Nordquist to the decision of the Board of Zoning Adjustment approving an application for a Conditional Use Permit to Fernando Gaeta and Josie E. Estrada to allow an automated car wash with a three-bay detail shop, in a C-1-D (Limited Commercial Architectural Design) Zone, located at 395]. Wible Road. Councilman Dickerson stated that he would abstain from participating in this matter because he has income-producing prop- erty within 300 feet of the subject of the appeal. Vice-Mayor Barton declared the hearing open for public participation. Bakersfield, California, June 26, 1985 Page 9 Petitions, with 107 signatures from adjacent property owners, in opposition to the Conditional Use Permit and a proposal to the developer to build a brick wall along Alum Avenue, were received on June 26, 1985. Brian Nordquist, 3812 Sweet Springs Street, spoke in support of the appeal and presented the Clerk with original peti- tions denying the request for a Conditional Use Permit to Fernando Gaeta and Josie E. Estrada. Susan Hemm, 3809 Sweet Springs Street, spoke in sup- port of the appeal. Arlene Chow, 3401, 3501 & 3525 Alum, spoke in support of the appeal. Herb E. Roberts, 1020 Loch Lomond Drive, spoke in support of the appeal. Josie Estrada, 9509 Hemingway Place, spoke in support of the Conditional Use Permit and against the appeal. Fernando Gaeta, 2203 E. University, spoke against the appeal. William R. York, 2208 Sully Court, owner of property at the southeast corner of Harris and Akers, spoke in opposition to the appeal. Jim Marino, 4429 Sugar Cane, spoke in opposition to the appeal. Councilman Moore made a motion to go by the conditions that were set by the Board of Zoning Adjustment and that there be a wall along Alum with a differential in level between the street property that it would be an 8 foot brick wall. and Councilman Christensen made a substitute motion to deny the Conditional Use Permit allowing an automated car wash at 3951 Wible Road. Upon an amended motion by Councilman Moore, the hearing regarding the appeal by Brian and Lynne Nordquist to the decision of the Board of Zoning Adjustment approving a Conditional Use Permit to allow an automated car wash with a three-bay detail shop, was continued until July 10, 1985, to allow time for tile property owner to consider the proposal by adjacent property owners. This is the time set for public hearing on Resolution of Intention No. 982 of the Council of the City of Bakersfield to establish Maintenance District No. 12 (El Portal), bounded by Ming Avenue on the north, El Portal Drive on the west, the west line of Parcel Map No. 6132 on the east, and northern boundary line of Tract 4289 on the south. A letter from Tenneco Realty Development, P.O. Box 9380, dated June 19, 1985, stating Tenneco has no objection to the proposed assessment, was received. Vice-Mayor Barton declared the hearing open for public participation. No protests or objections being receiw~d, and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Bakersfield, California, June 26, 1985 - Page 10 Upon a motion by Councilman Childs, Resolution No. 94-85 of the Council of the City of Bakersfield establishing Maintenance District No. 12 and Confirming the Assessment, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Moore, Rockoff, Barton, Childs None Councilman Christensen, Ratty This is the time set for public hearing before the Council of the City of Bakersfield for the purpose of receiving written and oral testimony regarding transit needs in the City of Bakersfield. Vice-Mayor Barton opened the hearing for public par- ticipation. Riley Parker, Kern County Corporation, submitted a statement position on the transit needs. Economic Opportunity to the Clerk regarding their Parker, o Frederick The City Clerk read the statement provided by Riley f the Kern County Economic Opportunity Corporation, from A. Drew, Executive Director, as follows: The GET Board of Directors policy to adopt certain cri- teria for the GET-A-LIFT Program and then apply that criteria (as a condition for receiving funds) to social service agencies that provide a unique transportation service is a narrow, inflexible view and will in fact result in an unmet need to many senior citizens who can- not otherwise ride public transit. This policy is not consistent with what should be the goal of the Board to ensure transportation service availability to all of those in need, especially those senior citizens and low income who cannot take advantage of GET's services. The GET Board recognizes and admits that they are not a social service agency, and yet they have the responsi- bility to allocate "pass through funds" to social serv- ice agencies. The criteria for these funds should be based wholly, or at least in part, on the social service agency criteria rather than the strict GET-A-LIFT cri- teria. The GET Board fails to recognize this, and by doing so is skirting their responsibility toward the public sector not able to utilize public transit. This policy must be questioned and changed by those who appointed the GET Board and are responsible to the public. Upon a motion by Councilman Moore, for the purpose of receiving written and oral transit needs in the City of Bakersfield, was July 10, 1985, Council Meeting. the public hearing testimony regarding continued until the CONSENT CALENDAR Map of Tract No. 4788 Unit "A" and Improvement Agreement with U.S. Home Corporation, for the construction of improvements northeasterly of White Lane and Stine Road. Upon a motion by Councilman Dickerson, item f of the Consent Calendar was unanimously approved. Authorization to transfer $114,000 appropriations from the Recreation and Cultural program to the Environmental Services Program. Upon a motion by Councilman Rockoff, item r of the Consent Calendar was approved with Councilman Childs abstaining. Bakersfield, California, June 26, 1985 - Page i1 NEW BUSINESS Emergency Ordinance No. 2986 of the Council of the City of Bakersfield adding Subsection H. to Section 17.10.020, amending Sections 17.64.050 B.2. and ]7.66.020, and repealing Subsection F of Section 17.32.020, relating to Permitted Uses, Conditional Use Permits and Drilling for Oil, Gas and other Hydrocarbon Substances. Councilman Moore made a motion to allow Warren Harms, Attorney for Chevron, to make a brief statement to the Council. Mr. Harms submitted a letter to the Council from Claude D. Fiddler, Superintendent for the northern district of Chevron, P.O. Box 5355, Bakersfield, dated June 26, 1985, stating their concerns relating to the emergency ordinance. Upon a motion by Councilman Childs, George Pearl was allowed to make a statement to the Council. George Pearl, President oI' Western Continental, stated his concern that the present ordinance states 300 feet for notification to property owners and the proposed ordinance indicates 1,500 feet. Councilman Moore made a motion to defer the adoption of the Emergency Ordinance until July 10, 1985. Upon a motion by Councilman Dickerson, Lisa Smith was allowed to address the Council. Lisa Smith, resident in the proposed area, spoke in sup- port of the 1,500 foot area for notifying residents. Upon a motion by Councilman Dickerson, Marian Bradshaw was allowed to address the Council. Marian Bradshaw, 5301 Marina Drive, spoke in support of the notification guidelines. Upon a motion by Councilman Dickerson, George Pearl was recognized to clarify his concern. George Pearl stated that rushing through this Emergency Ordinance may have detrimental affects in the future. Councilman Rockoff made a substitute motion to adopt Emergency Ordinance No. 2986 New Series; with a suggestion that staff and the people involved meet and if there are items to be changed at a later date, they can be changed. This motion was approved by the following roll call vote: Ayes: Counc Noes: None Absent: Counc ilmen Christensen, Dickerson, Barton, Childs ilman Ratty Moore, Rockoff, First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding Prezoning of Property known as Pacheco No. 10 Annexation. First reading of an Ordinance of the Council of the City of Bakersfield adding Sectins 17.04.610 and 17.08.260 to the Bakersfield Municipal Code Relating to Temporary Promotional Activities. Bakersfield, California, June 26, 1985 Page 12 First reading of an Ordinance of the Council of the City of Bakersfield establishing Sewer User Charges and Fees for Fiscal Year 1985-86. Adoption of Resolution No. 95-85 of the Council of the City of Bakersfield providing for the collection of sewer charges by the County Tax Collector Council by the Councilman Dickerson made a motion to adjourn the meeting until June 27, 1985 at 12:00 p.m., which failed following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Dickerson Councilmen Moore, Rockoff, Barton, Childs Councilman Ratty 95-85 of following Upon a motion by Councilman Rockoff, Resolution No. the Council of the City of Bakersfield was adopted by the roll call vote; Ayes: Noes: Absent: Abstaining: Counci]men Christensen, Childs None Councilman Ratty Councilman Dickerson Moore, Rockoff, Barton, Adoption of Resolution No. 96-85 of the Council of the City of Bakersfield calling the General Municipal Election for the Office of Councilman in the 1st, 3rd, 4th and 7th Wards, to be held in the City of Bakersfield on Tuesday, the 5th day of November, 1985, and directing the City Clerk to publish the Notice of Election. Upon of the Council lowing roll ca a motion by Councilman Childs, Resolution No. 96-85 of the City of Bakersfield, was adopted by the fol- ]1 vote: Ayes: Counc Noes: None Absent: Counc ilmen Christensen, Dickerson, Barton, Childs ilman Ratty Moore, Rockoff, Adoption of Resolution No. 97-85 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the consoli- dation of a General Municipal Election with General District and Governing Board of Elections to be held on Tuesday, November 5, 1985, for the purpose of electing Councilmembers to the City Council of the City of Bakersfield in Wards 1, 3, 4 and 7. Upon a motion by Councilman Childs, Resolution No. 97-85 of the Council of the City of Bakersfield, was adopted by the fol- lowing roll call vote: Ayes: Counci Noes: None Absent: Counci ]men Christensen, Dickerson, Moore, Barton, Childs lman Ratty Rockoff, Bakersfield, California, June 26, 1985 - Page 13 ~'~ ~ Adoption of Resolution No. 98-85 of the Council of the City of Bakersfield amending the Rate Schedule applicable to Towing Service in response to Police Dispatch. Upon a motion 98-85 of the Council of the following roll call by Councilman Rockoff, Resolution No. the City of Bakersfield, was adopted by vote: Ayes: Noes: Absent: Councilmen Christensen, Dickerson, Moore, Barton, Childs None Councilman Ratty Rockoff, Agreement with KSA Group Architects to furnish necessary architectural services in order to construct Rio Bravo Fire Station. Councilman Rockoff made a motion to approve the agree- ment with KSA Group Architects for architectural services to con- struct the Rio Bravo Fire Station, and authorize the Mayor to execute the agreement. Councilman Dickerson made a substitute motion to defer the agreement with KSA Group Architects to the meeting of July i0, 1985. This motion was defeated by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Dickerson Councilmen Moore, Rockoff, Barton, Childs Councilman Ratty Upon a motion by Councilman Rockoff, agreement with KSA Group Architects to furnish necessary architectural services in order to construct the Rio Bravo Fire Station, was approved and the Mayor was authorized to execute the agreement. Extend Agreement between the City of Bakersfield and Ed Rodgers, Auctioneer. Upon a motion by Councilman Rockoff, extension of agree- ment with Ed Rodgers, Auctioneer, was approved, and the Mayor authorized to execute the agreement with Councilman Childs abstaining. Councilman Childs requested that staff ask Mr. Rodgers to come before the Council. International Year of the Youth Councilman Moore stated that the Year 1985 was desig- nated as International Year of the Youth by the United Nations in 1979. In February, Governor Deukmejian designated International Year of the Youth in California. Councilman Moore made a motion that the Mayor and Council issue a proclamation declaring International Year of the Youth in Bakersfield; staff explore a City-sponsored forum rec- ognizing the youth of our community; and that staff make an implemen- tation and recommendation about the forum back to the Council in August. Councilman Christensen made a substitute motion, that the forum be composed of high school, college, junior high and elemen- tary students, administrators, teachers, churches, and other peo- ple of the community that might be of interest, such as business people. This motion was unanimously approved. Bakersfield, California, June 26, 1985 - Page 14 Establishment of a Non-Profit Foundation for Community Residents' Donations to the City. Councilman Moore made a motion to establish a non-profit foundation and ask staff, working with the Urban Development Committee, to refine and recommend procedures and by-laws back to the Council no later than August 14, 1985. Councilman Childs made a substitute motion to defer the issue of establishing a non-profit foundation and submit any mate- rials to the Council and staff for their recommendation at the July 10, 1985 Council Meeting. This motion was unanimously approved. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 1:10 a.m. ATTEST: MAYOR of the City of Bake~rsfield, Calif. CITY CLERK and Ex Officio Cle'rk of the Council of the City of Bakersfield, California CW:rg