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HomeMy WebLinkAboutJULY - SEPT 1985Bakersfield, California, July 10, 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., July 10, 1985. The meeting was called to order by Mayor Payne, by the Pledge of Allegiance and Invocation by Councilman Rollie Moore. followed The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Dickerson, Moore, Ratty, Barton, Childs, Christensen Absent: Councilman Rockoff CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Sunland Refining Corporation, Box 1345, Bakersfield, dated June 14, 1985, requesting annexation for property located between Calloway Drive and Coffee Road, and Rosedale and Stockdale Highways, was received and referred to staff for analysis. During Council Statements, this communication was referred to the Urban Development Committee. Upon a motion by Councilman Christensen, communication from the Downtown Business Association, 1527 19th Street, Suite 204, dated July 8, 1985, submitting documents and requesting a meeting with the Urban Development Committee for approval of the 1985-86 Downtown Improvement District Budget, was received and referred to the Urban Development Committee. COUNCIL STATEMENTS Upon a motion by Councilman Barton, communication from Suniand Refining Corporation, dated June 14, 1985, and other related requests for annexation was referred to the Urban Development Committee; and suggested that the Urban Development Committee not make the determination as to the ward the annexation should be in; but to let the Council make that decision. Councilman Childs invited the Council and staff to the 105th Anniversary Christian Service of the Cain Memorial African Methodist Episcopol Church from the 19th through the 21st of July. Councilman Childs requested the Council refer the issue of metal storage containers to staff for study and recommendation to the Council as soon as possible. Councilman Childs made reference to newspaper articles which are demeaning to Bakersfield. Councilman Christensen spoke for the Truckers in support of the trucking industry, the pride of Truckers, and Bakersfield truck stops. Councilman Dickerson spoke regarding a memo from Deputy City Manager Strenn on issues of the Council meeting of June 18, 1985, pertaining to the Planning Department. Councilman Moore apologized to the Truckers for his sta- tement and stated that it was not intended to be derogatory to them or the importance that they play in the growth and role of development in the community. Mayor Payne indicated that the display case for awards presented by the Beautiful Bakersfield Committee has been com- pleted and ready for mounting in the lobby. A second display case will hold pictures of the Councilmen. ~ · ~ Bakersfield, California, July 10, 1985 Page 2 Mayor Payne requested that staff look into the graffiti along Truxtun Avenue. Mayor Payne commended Councilman Childs for his response to the statements made about Bakersfield. REPORTS Police Chief Price reported on the Youth Gang Task Force. He stated that the California Council on Criminal Justice has until January 1, 1985, to make a report to the Governor and Legislature on the youth gang problem on a statewide basis. Three public hearings are to be held as follows: San Jose, August 14, 1985; Fresno, August 28, 1985; and Compton, September 4, 1985. CONSENT CALENDAR The following items were listed under the Consent Calendars: Allowance of Claim Nos. 7830 to 8187 inclusive, in the amount of $1,328,863.25. Claim for Damages from Douglas H. MacBeth, 10305 Michele Avenue, Bakersfield. (Refer City Attorney) to Claim for Damages from Danny Joe McCall, 630~ Springdale, Bakersfield. (Refer to City Attorney) d. Claim for Damages from United Parcel Service, 8400 Pardee, Oak]and. (Refer to City Attorney) Claim for Damages from 1301 McDonald Way, #26, City Attorney) Shirley Ann Jones, Bakersfield. (Refer to f. Claim for Damages from Ben and Gayle Batey, 4621 American, Suite C, Bakersfield. (Refer to City Attorney) Street Right-of-Way Deed Gabrielle Etchechury for of-way on the south side of Stine Road. from Raymond and additional street right- of Panama Lane, easterly h. Notice of Completion and Acceptance of Work on: Traffic Signal System, Contract No. 85-37, with A. C. Electric Company, on California Avenue at Marella Way. Tract 4503, Contract No. 84-162, with M. Associates, on the north side of Stockdale Highway west of Ashe Road. Plans and Specifications for construction of "Phase II Structures" portion of the 2800 Acre Groundwater Recharge Project. Plans and Specifications for reconstruction of Ming Avenue between Wible Road and Hughes Lane, and Wible Road between Wflson Road and 700 feet north. Plans and Specifications for Traffic Signal Systems at Ming Avenue at Westholme Blvd. and South Chester Avenue at Planz Road. Bakersfield, California, July 10, 1985 - Page 3 Contract Change Order Nos. i and 2 to Contract No. 83-144 with Jerilco International for construction of Landfair Storm Drain Modifications. This change order is necessary to provide for modification of the existing pump station to accept a 10 horsepower motor and to replace landscaping around the pump station. Pulled to be heard in Closed Session at the conclu- sion of the agenda. Application for Encroachment Permit from Perry Scott/TMC Communications, 1800 30th Street, Suite 104, Bakersfield, for the installation of a telecommunications cable 18 feet above the roadway of E. 21st Street at 215 E. 21st Street. Application for Encroachment Permit from Frank and Lorraine Hernandez, 2530 16th Street, Bakersfield, for the construction of a 6 foot fence behind the sidewalk area, 6 feet from the cu.b on Pine Street at 2530 16th Street. Application for Encroachment Permit from Jerry Vancuren, 10110 Palm Avenue, Bakersfield, for the installation of a canvas awn- ing projecting 4 feet into the right-of-way, approximately 8 feet above ground and a planter area encroaching 3 feet 8 inches into the right-of- way of the alley at 2210 Chester Avenue. A "Consent to Common Use" Agreement between Pacific Gas and Electric Company and the City of Bakersfield, authorizing the City to utilize areas within P.G. & E's easement for construction and maintenance of storm drains, retention basins, sewer lines and related facilities and sets forth the terms and conditions relative thereto, located west of South "H" Street between White Lane and Pacheco Road. Pulled to be heard in Closed Session at the conclu- sion of the agenda. Councilman Christensen requested that the Council pull item r of the Consent Calendar to be heard in Closed Session. Upon a motion by Councilman Dickerson, item m of the Consent Calendar was withdrawn from the agenda. Upon a motion by Councilman Barton, items a, b, c, d, e, f, g, h, i, j, k, 1, n, o, p, and q of the Consent Calendar were approved by the followlag roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Moore, Ratty, Christensen None Councilman Rockoff Barton, Childs, ACTION ON BIDS Upon a motion by Councilman Moore, low bid from Industrial Electric, in the amount of $10,224.00, to furnish Manufactured Electrical Panelboard for Ashe Water Pump Station 17, was accepted and all other bids rejected, with Councilman Dickerson voting no. No· Upon a motion by Councilman Childs, low bid Electric Supply, Inc., in the amount of $4,568.60 for lamps, was accepted and all other bids rejected. from Stewart traffic Bakersfield, California, July 10, 1985 Page 4 Upon a motion by Councilman Christensen, low bid from Ray Gaskin Service, in the amount of $54,855.00, for refuse con- tainers, 300 gallon capacity (750 each), was accepted and all other bids rejected. Upon a motion by Councilman Childs, low bid from Pacific Lighting Sales, Inc., in the amount of $12,274.80, for traffic poles and standards, was accepted and all other bids rejected. Upon a motion by Councilman Ratty, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director was authorized to purchase one refuse truck and one police vehicle. Upon a motion by Councilman Christensen, 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 American Seating for replace- ment of auditorium seat covers. DEFERRED BUSINESS Adoption of Ordinance No. 2986 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 that certain prop- erty in the City of Bakersfield located on the southeast corner of Harris Road and Akers Road. This ordinance was given first reading at the public hearing on June 26, 1985, on an appeal by Sandra Campbell. Upon a motion by Councilman Moore, Ordinance No. Z986 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Moore, Ratty, Barton, Childs, Christensen None Councilman Rockoff Councilman Dickerson Adoption of Ordinance No. 2987 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 Pacheco No. 10 Annexation. This ordinance was given first reading at the meeting of June 26, 1985. Upon a motion by Councilman Barton, Ordinance No. 2987 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Moore, Christensen None Councilman Rockoff Ratty, Barton, Childs, Adoption of Ordinance No. 2988 New Series of the Council of the City of Bakersfield adding Sections 17.04.610 and 17.08.260 to the Bakersfield Municipal Code Relating to Temporary Promotional Activities. Bakersfield, California, July 10, 1985 Page 5 Upon a motion by Councilman Barton, Ordinance No. 2988 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Moore, Christensen None Councilman Rockoff Ratty, Barton, Childs, An Ordinance of the Council of the City of Bakersfield establishing Sewer User Charges and Fees for Fiscal Year 1985-86. Councilman Barton made a motion to adopt an Ordinance establishing Sewer User Charges and Fees for Fiscal Year 1985-86. This motion was defeated by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Moore, Ratty, Barton Councilmen Childs, Christensen Councilman Rockoff Councilman Dickerson Councilman Ratty made a motion to reconsider an ordi- nance establishing sewer user charges and fees for Fiscal Year 1985-86. This motion was approved by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Christensen Noes: None Absent: Councilman Rockoff Ratty, Barton, Childs, Adoption of Ordinance No. 2989 New Series of the Council of the City of Bakersfield establishing Sewer User Charges and Fees for Fiscal Year 1985-86. Upon a motion by Councilman Barton, Ordinance No. 2989 New Series of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilman Moore, Ratty, None Councilman Rockoff Councilman Dickerson Barton, Childs, Christensen Deferra] of Establishment Foundation for Community Donations to the City. of Non-Profit Residents' The referral of establishment of a Non-Profit Foundation to the Urban Development Committee was deferred from the Council Meeting of June 26, 1985, in order to allow time for Councilman Moore to provide additional information to the Council. Councilman Moore made a motion to consider establishment of a non-profit foundation and ask that staff, working with the Urban Development Committee, refine, recommend procedures and by-laws, and report back to the Council not later than August 28, 1985. Councilman Dickerson stated that some people involved in the Cunningham Art Museum were concerned that setting up this non- profit activity may somehow have an affect upon them and the oper- ation of the museum. He hopes the Urban Development Committee will consider the non-profit organizations and boards, activities and processes that are currently ongoing when they consider this project. If some type of foundation or non-profit corporation is established, we certainly don't want to leave out a segment of the community that has contributed a great deal of time and effort through their service to the community. Bakersfield, California, July 10, 1985 Page 6 Councilman Moore stated he has assured Ann Brown from the Cunningham Art Gallery and also wants to assure the Council and the public that in no way is there any intention that this would have any impact whatsoever on any other existing foundation or activity for the City. This is a totally separate entity. He offered that the committee should have Ann Brown or anyone that has concerns address the committee, so those concerns will be con- sidered in the recommendation coming from the committee. Councilman Christensen questioned where the Pepper Tree is located. In answer to a question by Councilman Christensen, Councilman Moore stated the Pepper Tree was the name given to the same type of foundation in Rolling Hills, California. This has been a very effective foundation for them. Councilman Moore's motion to consider the establishment of a non-profit foundation and ask that staff, working with the Urban Development Committee, refine, recommend procedures, and by- laws, and report back to the Council not later than August 28, 1985, was approved by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Christensen Noes: None Absent: Councilman Rockoff Ratty, Barton, Childs, HEARINGS This is the time set for continued public hearing before the Council on an Appeal by Brian and Lynne Nordquist to the deci- sion of the Board of Zoning Adjustment approving an application for a Conditional Use Permit to Fernando Gaeta and Josie E. Estrada to allow an auto- mated car wash with a three-bay detail shop, in a C-1-D (Limited Commercial Architectural Design) Zone, located at 3951Wible Road. 1985, for to decide brick wall This hearing was continued from the meeting of June 26, the purpose of allowing the property owner sufficient time if he wishes to meet the condition of installing a on Alum Avenue. Communications were received from Josie Estrada and William R. York requesting that the hearing be continued to the Council Meeting of July 24, 1985. Dickerson interest. Mayor Payne stated, for the record, that Councilman has excused himself due to a potential conflict of Upon a motion by Councilman Barton, Mr. Brian Nordquist was allowed to address the Council. Brian Nordquist, 3812 Sweet Springs Street, stated that he had a problem with the appeal being continued. Upon a motion by Councilman Childs, William York was allowed to address the Council. William York stated that until he has sold the property, or if he has not sold the property, he cannot build a wall along Alum Avenue because it will block the individual parcels. Councilman Moore made a motion to deny the request for a Conditional Use Permit to Fernando Gaeta and Josie E. Estrada to allow aa automated car wash with a three-bay detail shop to be located at 3951 Wible Road. Bakersfield, California, July 10, 1985 - Page 7 ~ ~ Upon a motion by Councilman Childs, Brian Nordquist was allowed to address the Council. Brian Nordquist stated that the adjacent property owners were opposed to the car wash from the beginning and were compro- mising by agreeing to the car wash if there was a 10 foot brick wall along Alum Street. Councilman Christensen called for the question, which was unanimously approved. Councilman Moore's motion to uphold the 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 to be located at 3951 Wible Road, was approved by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Moore, Ratty, Councilman Childs Councilman Rockoff Councilman Dickerson Barton, Christensen Councilman Childs explained that he voted no because addi- tional discussion should have been held by the Council. This is the time set for continued 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. This hearing was continued from the meeting of June 26, 1985, to allow time for staff to consider the statement submitted by Kern County Economic Opportunity Corporation. 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. Upon a motion by Councilman Childs, the hearing regard- ing transit needs was referred to staff for study and subsequent report and recommendation to the Council, by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Moore, Ratty, None Councilman Rockoff Councilman Dickerson Barton, Childs, Christensen This is the time set for public hearing on Resolution of Intention No. 983 of the Council of the City of Bakersfield declar- ing its intention to order the vacation of a portion of 16th Street between "A" and "D" Streets in the City of Bakersfield. 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. Upon a motion by Councilman Ratty, Resolution No. 99-85, of the Council of the City of Bakersfield ordering the vacation of a portion of 16th Street between "A" and "D" Streets in the City of Bakersfield, was adopted by the following roll ca]] vote: Ayes: Noes: Absent: Councilmen Dickerson, Moore, Ratty, Christensen None Councilman Rockoff Barton, Childs, Bakersfield, California July 10, 1985 Page 8 NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amend- ing Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield bounded by Fraser Road, White Lane, Buena Vista Road, the Kern River and Old River Road. RECESS Mayor Payne declared a five minute recess at 8:20 and reconvened the meeting at 8:25 p.m. Adoption of Emergency Ordinance No. 2990 of the Council of the City of Bakersfield amending Subsection 14 of Section 5.16.070 of the Bakersfield Municipal Code Relative to the Regulation of Cardrooms. Upon a motion by Councilman Ratty, Ordinance No. 2990 New Series, of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Christensen Noes: None Absent: Councilman Rockoff Ratty, Barton, Childs, Adoption of Resolution No. 100-85 of the Council of the City of Bakersfield Ordering the Territory Designated as Proceeding No. 869, Annexation No. 297 (Buena Vista No. 2), Annexed to the City of Bakersfield. Upon a motion by Councilman Childs, Resolution No. 100-85 of the Council of the City of Bakersfield, was adopted the following roll call vote: by Ayes: Noes: Absent: Councilmen Dickerson, Moore, Ratty, Christensen None Councilman Rockoff Barton, Childs, Adoption of Resolution No. 101-85 of the Council of the City of Bakersfield Ordering the Territory Designated as Proceeding No. 870, Annexation No. 298 (Panama No. 5), Annexed to the City of Bakersfield. Upon a motion by Councilman Ratty, Resolution No. 101-85 of the Council of the City of Bakersfield, was adopted by the fol- lowing roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Moore, Christensen None Councilman Rockoff Ratty, Barton, Childs, Bakersfield, California, July 10, 1985 - Page 9 ~ ~} Adoption of Resolution No. 102-85 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. 872, Annexation No. 300, in Accordance with LAFCO Resolution Making Determination (Harris No. 4). Upon of the Council ]owing roll cal a motion by Councilman Ratty, Resolution No. 102-85 of the City of Bakersfield, was adopted by the foi- l vote: Ayes: Noes: Absent: Councilmen Dickerson, Moore, Christensen None Councilman Rockoff Ratty, Barton, Childs, Adoption of Resolution No. 103-85 of the Council of the City of Bakersfield Initiating Proceedings for the Annexation of Territory to the City of Bakersfield Identified as Proceeding No. 871, Annexation No. 299, in Accordance with LAFCO Resolution Making Determination (Wible No. 6). Upon a motion by Councilman Dickerson, Resolution No. 103-85 of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Christensen Noes: None Absent: Councilman Rockoff Ratty, Barton, Childs, Adoption of Resolution No. 104-85 of the Council of the City of Bakersfield Proposing Proceedings for Annexation of Territory to the City of Bakersfield Identified as Annexation No. 304 (Pacheco No. 10). Upon a motion by Councilman Barton, Resolution No. 104-85 of the Council of the City of Bakersfield, was adopted the following roll call vote: by Ayes: Councilmen Dickerson, Moore, Christensen Noes: None Absent: Councilman Rockoff Ratty, Barton, Childs, Request from the Downtown Business Association for street permit. Upon a motion by Councilman Christensea, the request for street permit was unanimously approved. Acceptance of Grant Deed from E. A. Bender and Beth Bender and Authorization to Record. Upon a motion by Councilman Barton, the Mayor was authorized to accept the deed from E.A. Bender and Beth Bender for Airpark property and consent to recordation thereof. This motion was unanimously approved. Bakersfield, California, July 10, 1985 Page 10 Agreement with Management Services Institute. Upon a motion by Couacilman Moore, the Mayor was author- ized to execute a contract with Management Services Institute, not to exceed $76,000. This motion was unanimously approw~d. Application for Encroachment Permit from San Joaquin Community Hospital, 2615 Eye Street, Bakersfield. Upon a motion by Councilman Christensen, the Encroachment Permit from San Joaquin Community Hospital, unanimously approved. was CONSENT CALENDAR CONTINUED Application for Encroachment Permit from Colbek Construction, for the installation of 6 foot high wood fences behind the sidewalk on Stancliffe Street at 1327 Pacheco Road; 1324 Schull Court; 1328 and 1329 Malerbi Court; 1328 and 1329 Bayne Court; and 1320 Langston Street. Compromise and Release of Workers' Compen- sation Claim of Bakersfield Police Department Officer. Upon a motion by Councilman Barton, items m and r of the Consent Calendar were approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Moore, Ratty, Christensen None Councilman Rockoff Barton, Childs, City Manager Caravalho stated that communications have been received from Emergency Medical Service Hall Ambulance and Golden Empire Ambulance dated July 10, 1985, regarding increases in ambulance rates. Upon a motion by Councilman Dickerson, communications from Emergency Medical Service Hall Ambulance and Golden Empire Ambulance, dated July 10, 1985, regarding increases in ambulance rates, were referred to the Budget and Finance Committee. Councilman Barton made a motion to defer the scheduling of the workshop on the Brown Act, Conflict of Interest, and Parks and Recreation, to staff to poll the Council to find an appropri- ate date when the entire Council is available between today's date and July 29; instruct the Mayor to develop the proper notification and obtain the signatures to call the Workshop Meeting; and the media to be advised. 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 9:05 p.m. MAYOR of the City of 1]ake~sfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California CW:rg Bakersfield, California, July 23, 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., July 23, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and a moment of silent prayer. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Moore (seated at 7:21 P.M.), Ratty, Rockoff, Barton, Childs (seated at 7:13 P.M.), Christensen, Dickerson Absent: None STUDY SESSION PARKS AND RECREATION Community Services Manager Dow stated that during the 1985/1986 budget process, the area of Parks and Recreation was identified as a major issue by the Budget and Finance Committee in their report. The committee recommended a task force be created composed of citizens and Councilmembers to review issues affecting parks and recreation in the City of Bakersfield and make recommen- dations to the City Council regarding future park and recreation activity. He reported on the history and development process of Parks and Recreation and indicated key concerns at this point are as follows: (1) Recommendations on policy for developing, main- taining, and funding future parks (this would include developing standards as to the types, sizes, number, location, landscaping, facilities, etc., and how they will be funded, i.e., either by the general fund, maintenance districts, grants, fees, and/or a combination thereof). (2) Recommendations on policy setting desired level of service for the recreation division (this would include an evaluation of the present services, the addition of new services and programs in the cul- tural and arts areas, new buildings, and funding. (3) Recommendations on implementation of an interim Parks Element of the General Plan, which should take into consideration items (1) and (2) above. (If the Draft Parks Element is adopted on an interim basis, the changes, if any, arising out of items (l) and (2) above could be incorporated into the final approved element). (4) Recommendation with regard to the use of private contractors for maintenance of City parks and street landscaped areas. (5) Recommendation with regard to continued use of maintenance district. After a lengthy discussion by the Council and Staff, Councilsnan Moore made a motion to have Staff continue to pursue and prioritize possible park sites in park deficient wards to include the methodology for purchase. In response to a request by Councilman Rockoff, Councilman Moore changed a portion of the wording of his motion be "park deficient areas", rather than "park deficient wards" to Bakersfield, California, July 23, 1985 - Page 2 Community Services Manager Dow asked for clarification by the Council on what direction to proceed in regard to forming a maintenance district, choosing a site, or looking at other alter- natives and returning to Council. Councilman Moore stated that his motion would be to con- tinue to prioritize, pursue, and work with the residents and anyone who can assist with no delay. If the City is at the point of forming a maintenance district in the area of Ward 6, then pro- ceed with that process. In answer to a question by Councilman Barton, Community Services Manager Dow stated that a full appraisal of the property would be made. Upon a motion by Councilman Moore, staff was directed to continue to pursue and prioritize possible park sites in park deficient areas; to include any and all methodologies for purchase thereof; which is to include all of Community Services Manager Dow's comments on how he could pursue this; to include establish- ing the maintenance district; and Mr. Barton's suggestion, of pursu-- ing some mechanism through an option provision to tie up the land, would also be reviewed and studied by staff and part of staff's recommendation when they prioritize the sites and methodology for purchase. RECESS Mayor Payne declared a five minute recess at 8:40 P.M. The meeting reconvened at 8:50 P.M. BROWN ACT City Attorney Oberholzer made a presentation on the Brown Act which is the public meeting law for the State of California. It governs City Councilmembers except when meeting with less than a quorum, and governs boards, commissions, and com- mittees except when meeting with less than a quorum. The three types of meetings under the Brown Act are reg- ular meetings, special meetings and emergency meetings. Meetings do not include social gatherings. An adjourned meeting is the regular meeting which has been continued and any business can take place at that time. A regular meeting is set by ordinance and may be altered by resolution. Every six or eight months the Council adopts a resolution setting the meeting schedule. Under the Brown Act, no agenda is required for a regular meeting. However, Council rules are that there must be agenda items and they must be on the agenda, unless it is a matter of emergency. There is a provision for introducing emergency matters. The Council may adjourn the regu- lar meeting to a date and time certain to continue the meeting in progress. The only requirement is that the Clerk will post notice within 24 hours outside the Chambers as to the time and place the meeting is being continued. Special meetings require a 24-hour notice in advance to both Councilmembers and to those who have filed written requests be notified. An agenda is required for a special meeting and Council may only discuss those items on the agenda. Action may only be taken relating to an agenda item. to &n emergency meeting is defined as anything that impairs public health and safety, and notice is required by telephone one hour prior to the meeting to all the news ~nedia. If telephone communication is out of order, then the news media are to be noti- fied as soon as possible after the meeting. Minutes of an emer- gency meeting are to be prepared as soon as possible after the meeting and must be posted for ten days. Bakersfield, California, July 23, 1985 - Page 3 Closed session may be a part of a regular meeting or a special meeting; it may not be part of an emergency meeting. Minutes may be taken, but are not required, and must remain con- fidential. The areas for which a closed session are held deal with personnel, potential legal litigation, labor negotiations, discussions with licensed applicant to discuss criminal records, busi- ness licenses and real estate negotiations dealing with acquisition of property. Polling of other Councilmembers creates a consensus of the body which is prohibited except at a public meeting. Talking to less than a quorum is not prohibited. Only members of the body can commit a criminal act, and two things are required to commit the act: 1) action must be taken, all members meet and exchange information on a specific issue and then vote; and 2) a member must have know]edge, know the meeting he is in is a violation of the Brown Act. With these actions, a Councilman could be convicted of a misdemeanor. A pri- vate individual may poll Councilmembers and not be in violation of the Brown Act. This is lobbying by the citizen. There are two kinds of government. The town hall type is the kind the public has the right to participate in. The City of Bakersfield has a Representative type of government. The Representative form of government is currently the only form in existence in California. Under Representative, the public has the right to attend and cannot be required to sign a roster. They may be allowed to bring in tape recorders, as long as they do not cause a disruption to the meeting. Their tape would not be an official record of the meeting. Under Representative form of government, elected representatives are the only ones with the right to participate and vote, with the exception that persons must be recognized at legally required public hearings. Other than public hearings, the public need not be recognized. CONFLICT OF INTEREST City Attorney Oberho]zer made a presentation on Conflict of Interest, and stated that no public official at any level of state or local government shall make, participate in making, or in any way attempt to use his official position to influence a gov- ernmental decision in which he knows or has reason to know he has a financial interest. The amount allowed for gifts which must be reported, but would not produce a conflict, is $50.00. If $250.00 were received by a Councilman during the preceding 12 months, it could possibly be a conflict. ADJOURNMENT There being no further business to Council, upon a motion by Councilman Childs, adjourned at 10:15 p.m. come before the the meeting was MAYOR of the City of Ba~er.~field, ATTEST: CITY C[.ERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Calif. CW Bakersfield, California, July 24, 1985 Minutes of a regular meeting of the Council of the City of Bakersfie]d, California, held in the Council Chambers of City Hall at 7:00 p.m., July 24, 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 Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Absent: None PRESENTATION Mayor Payne and Councilman Moore presented Certificates of Appreciation from the City to members of the First Assembly of God Church M~ssionettes Club to show the City's appreciation for their interest in City government. SCHEDULED PUBLIC STATEMENTS Mr. Thomas C. Fallgatter, 1430 Truxtun Avenue, Suite 448, representing residents of Castro No. 4 annexation, asked the City Council to adopt a resolution instructing staff to cooperate and provide information for the people that live in the Castro 4 area. Their objection is there has not been any cooperation in general from the City, and in particular certain individuals, regarding inforlnation concerning the annexation. The information requested concerned merits and demerits of the annexation, and what the process is and what citizens can do if they are opposed to it. Mr. Fallgatter was advised by Mayor Payne that the City council does not take action at a Council meeting on all issue unless it is presented as an emergency matter. Matters presented during public statements will either be referred to City staff or to a Council committee for their further action or recommendation. All public statements are limited to three minutes per person, unless the Council determines that the matter will warrant contin- ued discussion. Mr. Fallgatter further stated residents were given dif- ferent petition forms by the City Attorney's office. They col- lected 800 signatures and have been told that all or some of those signatures are totally invalid, even though they had been using forms that had been approved by the City. Secondly, they col- lected 800 signatures and were told by the City that none of the signatures would be any good because they were premature under the rules to protest an annexation. They also asked to have copies of the cards that were sent out for the survey and were told they could have the cards. Upon a motion by Councilman Childs, Mr. Fallgatter was allowed an additional three minutes. Mr. Fallgarter presented two forms of petitions to be submitted to the City Attorney's office. City Manager Caravalho advised Mr. Fallgatter that he would allow a third party to verify the percentages on those cards, however, they could not be made public because of remarks written on the cards by citizens. He was not aware that the City Attorney's office had given misinformation. Upon a motion by Councilman Childs, the matter was referred to staff and Mr. Fallgatter was given an additional one minute. Bakersfield, California, July 24, 1985 - Page 2 Councilman Dickerson made a motion to have the City files open to any citizen that wants to have information relative to this City and how it makes decisions, unless it affects national security. City Attorney Oberholzer responded that there are spe- cific provisions in the State law with respect to access to public information, and that law is enforced in the City. Councilman Dickerson felt that since the survey was taken by postcards and not confidential envelopes that the informa-- tion should be made public. City Attorney Oberholzer advised that California Government Code Section 6254, Public Records Act, was the code section that was followed. He also advised that no petitions had been received by the City Attorney's office. The City Clerk advised that no petitions have been received by the City Clerk's office, however, written forms were received. Councilman Rockoff agreed the people should receive the tabulation but the public should not be able to review the cards. Upon a motion by Councilman Ratty, the debate was con- verted to questions. Councilman Dickerson was asked to restate his substitute motion. He stated the motion was that the City allow representa- tives of this particular annexation and/or the community at large to review the information in the City files relative to surveys or any other information relative to the annexation or annexation process of this annexation or any other. City Attorney Oberholzer felt the motion was misstated. He stated the original motion called for all City records be open to the public except those affecting national security. Councilman Dickerson's motion to have the City files open to any citizen that wants to have information relative to this City and how it makes decisions, unless it affects national security, was defeated. Mr. Fallgarter stated his clients were now willing to drop their request for the cards. City Manager Caravalho offered his office's assistance in any questions from Mr. community. assistance and his Fallgatter or the CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Russell & Owens, 3434 Truxtun Avenue, Suite 250, dated June 21, 1985 requesting vacation of road right-of-way on Gulf Street west of Pierce Road was referred to Public Works. Upon a motion by Councilman Barton, communication from the Department of Transportation, 1120 "M" Street Sacramento, dated June 27, 1985, submitting the draft department report to the legislature regarding proposed modifications to the Transportation Development Act AB 2720 (Mountjoy 1984) was referred to Public Works. Upon a motion by Councilman Dickerson, communication from Santa Fe Southern Pacific Corporation, 5200 East Sheila Street, dated July 3, 1985, regarding required manned cabooses 719) was received and referred to the Legislative Committee. (SB Upon a motion by Councilman Christensen, communication from Sill Properties, Inc., 3008 Select Avenue, Suite 100, dated July 8, 1985, requesting abandonment of a portion of 29th Street that bounds the southeast corner of 29th and "M" Streets was received and referred to Public Works. Bakersfield, California, July 24, 1985 - Page 3 Upon a motion by Councilman Christensen, communication from the Environmental Protection Agency, 215 Fremont Street, San Francisco, dated July 12, 1985, submitting Notice of Workshop and Public Hearing and Application for Underground Injection Control Permit for Class I well at Rio Bravo Disposal Facility was received and referred to staff. Upon a motion by Councilman Barton, communication from Patrick and Henderson, Inc., 1999 Edison Highway, Suite 20, dated July 17, 1985, requesting abandonment of an easement on Old Stine, south of Wilson Road, was received and referred to Public Works. Upon a motion by Councilman Moore, petitions were received on July 15, 1985 consisting of 636 signatures requesting the Council establish and develop a neighborhood park area bounded by Panama Lane, Pacheco Road, Stine Road and Wible Road was received and placed on file. Upon a motion by Councilman Rockoff, communication from Malcolm Brock Company, Post Office Box 580, dated July 9, 1985, requesting a general plan amendment and environmental impact report for East Hills Plaza, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Childs, communication from Charlotte R. Brock, Post Office Box 9295, dated July 10, 1985, requesting a general plan amendment for commercial use of the southwest corner of Stockdale Highway and McDonald Way was received and referred to the Planning Commission for study and recommendations. COUNCIL STATEMENTS Councilman Barton stated the Urban Development Committee had a meeting with the Downtown Business Association regarding their 1985-86 budget. Because the budget of the DBA starts on July 1, they are getting into a cash flow situation, and the budget will not be available to the Council until the August 14th meeting. Councilman Barton requested an advancement of the first quarter of the 1985-86 funds to the DID budget to the DBA. Upon a motion by Councilman Barton, an advancement of the first quarter of the 1985-86 funds to the D.I.D. budget to the D.B.A. was granted, and that it be acted on tonight was approved by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore Noes: None Absent: None Childs, Christensen, Upon a motion by Councilman Barton, a would be held at the end of the Council meeting Manager's performance after one year in office. closed session to assess the City Upon a motion by Councilman Barton, Senate Bill 976 was referred to the Legislative Committee. Councilman Childs requested that any input Councilman Barton has regarding SB 976 be referred to tire Committee in writ- ing so it can also be considered. Councilman Barton said he would confer with the City Attorney to see if he could. Upon a motion by Council Moore, the completion of Highway 58 and 178 was referred to the Urban Develop Committee for study, review and recommendation in an effort to assist the Public Works Manager to keep this moving. Bakersfield, California, July 24, 1985 Page 4 ~ Councilman Moore read into the record a letter from Golden Empire Glenners, a new, non-profit, volunteer organization that is dedicated to alleviating hunger in Kern County by picking up food left in the fields after harvest and discarded from gro- cery stores. Councilman Childs stated that a developer in Ward 1 was helping to estalish a child care center in that ward, but due to cutbacks, looked like it would not be built. However, a redevel- opment project, Westminster Ceramics Factory, has shown an interest, so it may still be developed. Councilman Childs stated the Joseph Victori Wine and Bottling Company has been living up to their commitments and has put a fence half way around their property to separate the yard from the residences. Counci]man Dickerson advised he has been trying to resolve a problem of a telephone pole in the second northbound lane of Wible Road. PacTel is intending to move it around October 31, 1985, however, he would like it removed as soon as possible due to the City's liability if an accident occurs. Councilman Dickerson made a motion for the Council to send a letter to PacTel requesting the telephone pole on Wible Road be removed immediately. The motion was unanimously approved. Councilman Ratty discussed the Council's non-compliance with its own rules at tonight's meeting with respect to Castro 4 annexation. He stated he feels the City's staff is one of the best staffs as far as courtesy and kindness and he does not believe the statements that were made. Mayor Payne stated he, the City Clerk's office, the City Manager's office, and City Manager Caravalho's staff, have recom- mendations relative to the Council committee reports and how they are numbered, and ward designation on the agenda. This requires a meeting between Councilmen Rockoff, Dickerson and Mayor Payne. Mayor Payne suggested one Councilman accept the position as chair- man of the Ad Hoc Committee on Rules and Procedures. Upon a motion by Councilman Dickerson, Mayor Payne was designated chairman of the Ad Hoc Committee on Rules and Procedures, and it was designated that a meeting be held. REPORTS Councilman Barton read Report No. Development Committee regarding annexation follows: 9-85 of the Urban in the northwest as Honorable Mayor and members of the City Council, the subject matter is the annexation of the northwest. At a Council meeting of July 5, 1985, correspondence was received from property owners requesting annexation of their property to the City of Bakersfield. Other property owners in this same area have contacted the City Manager and the Public Works Manager, expressing a strong interest in annexation to the City. These matters were referred to the Urban Development Committee. The Urban Development Committee met with staff on July 12, 1985 to consider the requests and other relevant information. Property owners interested in annexation included Suniand Refining Corporation, Laborde Community Development Company, Tenneco, Cornerstone Engineering and others. Bakersfield, California July 24, 1985 Page 5 The key to development in this area is sewer service. The original westside sewer study indicated two alternatives, one alternative is to tie into our existing plant No. 3. The second alternative is to construct a new plant. The County is presently evaluating the possible formation of a community service district to serve this area. They must consider the siting of a treatment plant, a process which would take several years. The Public Works Department has evaluated methods for providing sewer service for this area and pro- posed the following as a workable plan: Laborde Community Development to pay for the initial cost of a temporary tie-in at Buena Vista and District Boulevard at a cost of $4.2 million. In the future this area will need to form an assessment district to pay for future line expansion and reimbursement to Mr. Laborde. The outfall line from plant No. 3 to an area near I-5 should be oversized for approximately $800,000. This recommendation is made even if these annexations are not approved in order to accommodate future growth. After consideration of the information, this Committee makes the following recommendations: Initiate the anenxation process for the Laborde and Suniand areas. Authorize staff to prepare an agreement with Laborde for construction of the sewer ~nain trunk line. Authorize expenditure up to $800,000 avail- able from the sewer enterprise fund to expand the outfall line at plant No. 3 to handle future growth. Upon a motion by Councilman Barton, Urban Development Committee Report No. 9-85, regarding Annexation in the Northwest, was accepted, and recommendations to initiate the annexation proc- ess for the Laborde and Sunland areas; authorize staff to prepare an agreement with Laborde for construction of the sewer' main trunk line; and authorize expenditure up to $800,000 available from the sewer enterprise fund to expand the outfall line at Plant No. 3 to handle future growth was unanimously approved. Councilman Barton read Report No. 10-85 of the Urban Development Committee regarding Annexation and Ward Boundaries as follows: The County Elections Clerk has requested that five recent areas annexed to the City be assigned to Councilmanic Wards. This matter, as well as the ques- tion of procedure for assignment of future areas annexed to the City through Councilman wards, was referred to this committee for a report and recommendation. Bakersfield, California, July 24, 1985 Page 6 The five areas annexed are: California No. 5 with four people; Chester No. 1 with no people; Garnsey 1,393 people; Panama No. 4 25 people; and Rosedale #2 with no people. A review of the map shows that these annexa- tions are each contiguous to five different wards. California No. 5 is adjacent to Ward No. 1, Chester No. 1 is adjacent to ward No. 2, Rosedale No. 2 is adjacent to Ward No. 4, Garnsey is adjacent to Ward No. 5, and Panama No. 4 is adjacent to Ward No. 6. Although the Garnsey annexation included 1,393 people, the fifth ward was purposely held to a lower population in the recent reapportionment of wards to accommodate the imminent annexation of Garnsey. If each of these annexations were attached to the adjacent wards, resulting popula- tions would be as follows: Ward 1, 19,806; Ward 2, 21,273; Ward 3, 19,409; Ward 417,610; Ward 5, 20,328; Ward 6, 20,651; Ward 7, 19,347. In addition, the committee considered that several more areas are proposed for annexation which are highly popu- lated and contiguous to more than one ward. The commit- tee's feeling is that as soon as areas are annexed to the City, the residents should be fully franchised as voting citizens of the City of Bakersfield as soon as possible. The following procedure should accomplish this: Subsequent to the adoption of a resoluton ordering annexation, the Development Services Department shall provide population estimates of the area to be annexed, city wards and map the location of the annexed area with respect to the City Council wards. If the area to be annexed is contiguous to only one ward, and if the addi- tion to that ward of the area to be annexed would not substantially affect the equal population criteria, then the annexed area shall be included in the adjacent ward by ordinance. If the area to be annexed is adjacent to two or three councilmanic wards, the Council member of these wards shall confer and recommend to the Council appropriate boundaries so that the population remains as near equal as possible among the wards. The Council shall ultimately determine the boundaries of the wards by ordinance. If the addition of areas to be annexed results in jeopardizing the equal population rule, then all wards shall be re-evaluated within 60 days of receipt of current population estimates and reappor- tioned so as to achieve a balance as equal as possible among the wards. Recommended actions: 1. Accept the report. 2. Direct staff to prepare an ordinance amending the Councilmanic wards to include California No. 5 in Ward No. 1, Chester No. 1 in Ward No. 2, Rosedale No. 2 in Ward No. 4, Garnsey in Ward No. 5, and Panama No. 4 in Ward No. 6. 3. Adopt the recommended procedure outlined in this report concerning the future inclusion of annexed areas into wards. Upon a motion by Councilman Barton, Urban Development Committee Report No. 10-85 regarding Annexation and Ward Boundaries was accepted. Bakersfie]d, Cal fornia, July 24, 1985 Page 7 Upon a motion by Councilman Childs, another minute was allowed to discuss the above issue. Upon a motion by Councilman Barton, the recommended pro- cedure outlined in Urban Development Committee Report No. 10-85 regarding Annexation and Ward Boundaries was adopted. City Manager Caravalho read City Manager's Report No. 8-85 regarding Pacific Gas and Electric power outages, as follows: Electrical failures have plagued the southwe.stern portion of Bakersfield for more than ten years. This lengthy history of power outages has provided Pacific Gas and Electric Company ample time to remedy the technical deficiencies which are causing these outages, yet the power failures continue. During July 1984 through June 1985, nearly 100 outages have affected the various circuits serving the south- west. This is an average of one power failure of a single circuit every three to four days or eight outages per month. The attached list provided by PG&E (appendix A) documents the frequency with which these power out- ages have occurred during the past 12 months. PG&E's "availability index" gives a more complete picture of the magnitude of the outages. The avail- ability index, which gives weight to the length of outages and number of customers affected, as well as the number of outages, has a PG~E and industry-wide standard of .99953. According to PG~E's own data, service has consistently fallen below this standard for the past five consective years. The average annual availabi ity index ratings for southwest Bakersfield are as follows Year Availability Index Rating Comparison to Industry Standard 1980 1981 1982 1983 1984 1985 9999160 +.0003860 9991189 -°0004111 9989599 -.0005701 9986512 -. 0008788 9993861 -. 0001439 9986135 -.0009165 *January through June average. These annual average availability index ratings yield no evidence that the outage problem is being adequately addressed. On the contrary, this data indicates a severe deterioration in electrical service continuity. The most recent calendar year during which electrical service exceeded the industry standard was 1980. Since that time, availability index ratings have steadily de- clined, with the exception of a major improw~ment in 1984. Data available for the first six months of 1985 show this to be the worst year yet for service con- tinuity, exceeding even the abysmal record of outages in 1983. The attached graph (Appendix B) depicts the extent and pattern of these power failures for the past five years. In late 1984, PG&E initiated a system aimed at solving many of the technical have caused the power outages. upgrade project problems which Bakersfield, California, July 24, 1985 - Page 8 PG&E predicted substantial improvements in service continuity in the near-term improvements as a result of the improvements undertaken as part of this project. Completion of this phase of the upgrade project was scheduled for May 1, 1985. Nonethe]ess, in the two and a half months following completion of the near-term improvements, the frequency and severity of outages has continued unabated. The following numbers of failures of a single circuit have occurred since the scheduled completion date of the upgrade program: May 1985 6 June 1985 7 July 1-15, 1985 6 The ramifications of these frequent and often lengthy power failures for the businesses and residents of the southwest cannot be overstated. The safety of our re- sidents is jeoparized when lights, traffic signals, elevators and medical equipment fail. The comfort and convenience of affected consumers is a legitimate and obvious concern. It should be noted that the severity of power failures increases sharply during the summer months when air conditioning is considered a necessity. In addition to the qualitative impact of PG&E's service provision record, affected consumers also must bear the burden of a variety of quantitative losses. Electrical consumers sustain a variety of serious hidden costs for the frequent power failures for which they are not com- pensated. These include: Loss of revenue for businesses which must close during blackouts. Shortened life expectancy of electrical ap- pliances. Food spoilage, especially in restaurants and stores. Lost wages, both by individuals who are re- leased from work without pay during blackouts and by employers who must pay employees who are unable to work without electricity. Lost computer data which must be reconstruc- ted. Meals and accommodations for those unable to cook or sleep in their own home. Alternative power sources for those who cannot financially or physically survive a loss of power. In a society which is as dependent upon electricity as ours is, PG&E's service continuity record in the south- west is clearly intolerable. The residents of this city are entitled to reliable electrical service on which their lifestyles and livelihoods depend. Electrical consumers in the southwest must not be forced to pay the many costs of an inadequate service system. PG&E has an obligation to take whatever actions are necessary to provide the service which, at a minimum, adheres to the standard established by PC,&E and the utilities industry. Bakersfield, California, July 24, 1985 Page 9 Recommendations: The City Council should adopt a resolution to be filed with the California Public Utilities Commission complaining against PG&E for substandard electrical service provision. Staff, with the assistance of PG&E, will continue to monitor power failures in the southwest in order to insure that the southwest power outage problem is remedied as expeditiously as possible. 3. Staff wiI] contact state and federal legislators to inform them of the action taken and solicit their support. City Manager Caravalho also stated that in the complaint it was requested that a hearing be held in Bakersfield by the Public Utilities Commission and that the work be completed within six months. If the work is not completed satisfactorily, Pacific Gas and Electric will be removed as the electrical service pro- vider. Councilman Dickerson made a motion to accept recommenda- tions contained in the City Manager's Report No. 8-85. He also suggested the City staff help customers file claims against PG&E. Upon a motion by Councilman Childs, the discussion was extended another 15 minutes. Councilman Moore made a substitute motion to accept the City Manager's Report No. 8-85 and add the following sentence to the resolution: "The City Council will review the progress of PG&E and the comments from the PUC on or before the 150th day to evaluate the six-month completion date." Upon a motion by Councilman Ratty, the discussion was continued for an additional fifteen minutes. Councilman Moore restated his substitute motion to add to the complaint on Page 3 after the sentence "Wherefore, the Complainant requests that this Commission order that P(~E immedi- ately commence a program to upgrade the equipment and facilities serving southwest Bakersfield and that such order require that PG&E submit weekly reports to the Commission notifying the Commission of planned and completed repairs and replacements and outages occurring during the reporting period, and thal. such repairs and replacements be completed within the next six months or, in the alternative, to remove PG&E as the electric service provider in the City of Bakersfield and seek, allow, permit and license another electric service company to serve the City of Bakersfield," a new sentence, "The City Council will review the progress of PG~E and the comments and recommendations from the PUC on or before the 150th day to evaluate the six-month completion date requirement." City Attorney Oberholzer informed Mayor Payne that the sentence was inappropriate, as the resolution will be filed with the PUC, with the complaint attached, and will be submitted to them for action. The review by the Council in 150 days will have no effect on what action the PUC takes, as they probably will have already acted upon the resolution and complaint. Bakersfield, California, July 24, 1985 Page 10 In answer to a question by City Attorney Oberholzer, Councilman Moore stated this would not hamper or slow down the process. The complaint would be filed. His intent was to make the PUC and PG&E aware of the Council's understanding that the six month date might not be realistic and the Council would re- evaluate on or before the 150th day to determine if that date is still valid, and will advise the PUC of the Council's deter- mination. City Attorney Oberholzer stated he had a lot of techni- cal problems with that because the PUC most likely would have already acted. He was not sure if the PUC would know how to han- dle it if the complaint had already been filed and acted upon. He suggested the Council include the sentence in the resolution rather than in the complaint or turn the six-month time period over to the jurisdiction of the PUC and remove the term "it be completed within six months" and insert the term "be completed within as expeditious a manner as possible," and let the PUC determine what that should be. Councilman Moore's substitute motion to add the sen- tence, "The City Council will review the progress of PG&E and the comments and recommendations from the PUC on or before the 150th day to evaluate the six-month completion date requirement," to the complaint failed by the following roll call vote: Ayes: None Noes: Councilmen Absent: None Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Councilman Dickerson amended his motion to accept recom- mendations in City Manger's Report No. 8-85, put a period after "six months" and not offer an alternative to PC&E, but let the PUC handle this. Upon a motion by Councilman Barton, the discussion was extended for five minutes. Upon a motion by Councilman Barton, the discussion was extended for ten minutes. Upon a substitute motion by Councilman Dickerson, Mr. M. L. Moore, Kern District Manager of Pacific Gas and Electric, was recognized. Mr. Moore stated he was prepared to make a statement at this meeting, however, has not been given an opportunity to do so. He advised PG&E has a project task force on site and will be sub- mitting a plan within 30 days to the PUC which will have a sched- ule for completion of the project work. He requested the Council include in the motion that, subject to approval by the Public Utilities Commission of the plan as being the most expeditious plan possible, that that be the end point to consider PG&E's performance. After a very lengthy discussion, Councilman Dickerson's amended motion to accept recommendations in City Manger's Report No. 8-85, and put a period after "six months" and not offer an alternative to PG&E, but let the Public Utilities Commission han- dle this, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore Noes: None ADsent: None Childs, Christensen, Bakersfie]d, California, July 24, 1985 - Page 11 Upon a motion by Councilman Rockoff, Item Consent Calendar was removed and moved to the first Business. "n" of the item under New Upon a motion by Councilman Barton, Item "r" of the Consent Calendar was removed and moved to New Business. CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claim Nos. 8188 to 8525, inclusive, in the amount of $2,634,469.79; an Claim Nos. 1 to 58, inclusive, in the amount of $508,403.89. b. Claim for Damages from Robert Glenn Alexander, 4309 Eakins Court, Bakersfield. (Refer to City Attorney) c. Claim for Damages from Nolan's Union Service, 1501 Brundage Lane, Bakersfield. (Refer to City Attorney) do Claim for Damages from Sarah Jo Peltier, c/o Attorney Robert B. VanderNoor, 1430 Truxtun Avenue, Suite 777, Bakersfield. (Refer to City Attorney) Claim for Damages from Ervin E. Garretson, c/o Kuhs and Parker, P.O. Box 2205, Bakersfield. (Refer to City Attorney) f. Claim for Damages and Persona] Injuries from James Reese Vanasen, 220 "F" Street, Bakersfield. (Refer to City Attorney) Claim for Damages and Persona] Injuries from John R. Draper, 3804 Curry Court, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal J. Tripp, c/o Chain, Younger, Norriega, 1128 Truxtun Avenue, to City Attorney) Injury from Walter Jameson, Lemucchi & Bakersfield. (Refer Claim for Personal Injuries from George Sharette, c/o Attorney Michael J. Webb, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Allen Lewis Brown, c/o Attorney Michael J. Webb, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) Application to Present Late Claim by Gary Bryant Stockton, 2300 S. Union, No. 129, Bakersfield. (Refer to City Attorney) Application to Present Late Claim by Lawayne Jackson, c/o Attorney Michael J. Webb, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) mo Public Utilities Easement Request from Pacific Gas and Electric. This provides for utilities easement at Corvallis Park or a strip of land six feet in width, along the east side of the park, from south- east corner of Lot 1 of Tract No. 4245, to the northeast corner of I.ot 23 of Tract No. 4777. Bakersfield, California, July 24, 1985 Page 12 no po This item was moved to be heard under New Business, however, was heard immediately following Consent Calendar. Notice of Completion and Acceptance of Work on: Resurface portions of Akers Road, Ming Avenue to Parker Avenue and Monitor Street, Merrimac Avenue to White Lane, Contract No. 85-78, with Granite Construction Company. Stockdale Highway Pavement Repairs, Cal State Bakerst'ield to Kern River Bridge, Contract No. 85-84, with Granite Construction Company. Authorize City Clerk to record Notice of Completion and release appropriate securities. Application for Encroachment Permit froin Betty J. Taylor, 1804 Chester Avenue, for the installation of a canvas awning eight feet above the sidewalk at 1804 Chester Avenue. Application for Encroachment Permit froin San Joaquin Hospital, 2615 Eye Street, for the second floor addition to project three feet over property line on 26th Street. This item was moved however, was heard Consent Calendar. to be heard under New Business, immediately following the Application for Encroachment Permit from Don Bradshaw, 3413 Juniper Ridge, for the construction of a retaining wall and fence along the back of sidewalk at the northeast corner of Suncrest and Panorama. Application for Encroachment Permit from Dean Gay, 1801 21st Street for the construction of a wheel- chair ramp for the building located at 1801 21st Street. Application for Encroachment Permit from Marta Patino, 3700 Litchfield Drive, for the construction of a six foot fence approximately three feet behind the sidewalk on Prescott Way at the southeast cor- ner of Prescott Way and Litchfield Driw~. Request from Quad Consultants for an Extension of Time to complete improvements for General Plan Amendment 1-85, Segment III, Agreement No. 85-65. The Public Works Department recommends approval of a 45-day time extension to complete construction of improvements on the southeast corner of Wible Road and Pacheco Road. P(~E scheduling for the reloca- tion of an existing power pole line will delay actual construction beyond the original completion date. The revised completion date is September 16, 1985. The time extension for completion of improvements will not cause undue hardship to adjacent inhabited areas, nor will it be detrimental to the public's use of any adjacent public facilities. Bakersfield, California, July 24, 1985 Page 13 Pipeline License Agreement with Gibson Oil and Refining Company. Provides for an oil pipeline crossing at the river canal approximately ¼ mile west of Coffee Road and 250 feet north of Stockdale Highway. The Public Works Department and Community Services Department have reviewed the agreement and have determined that the proposed pipeline will have no adverse affect on City services. Agreement amending Agreement No. 83-19 and Amendment of Memorandum of Lease with Pacific Lighting Energy Systems, successor in interest to Cambrian Energy Systems, Inc., Correcting Exhibit (legal description of the landfill) of Agreement No. 83-19. Upon a motion by Councilman Rockoff, Items a, b, c, e, f, g, h, i, j, k, 1, m, o, p, q, s, t, u, v, w, and x were adopted by the following roll call vote: Ayes: Councilmen Noes: None Absent: None Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Map of Tract No 4676 and Improvement Agreement with Tract 4676 Associates (Dickinson-Wadsworth), a California limited partnership, for the construction of improvements herein. Public Works Manager Hawley stated Tract No. 4676 is partly owned by Mr. Dickinson and he was given 30 days on May 22nd to complete the tract. The City would not accept any new tracts from him. It has been more than 30 days and the tract is not com- plete, although there has been substantial progress. He recom- mended the City accept the map and improvement agreement subject to the City Clerk not transmitting the map to the Clerk of the Board of Supervisors for recordation until the City Engineer has advised that the tract is complete. Upon a motion by Councilsnan Rockoff, Map of Tract 4676 and Improvement Agreement were accepted, subject to the City Clerk not transmitting the map to the Clerk of the Board of Supervisors for recordation until the City Engineer has advised their Tract 4197 is complete, by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore Noes: None Absent: None Childs, Christensen, Bakersfield Airpark Commercial Lease Agreement between C & B Flying Service and the City of Bakersfie]d, pro- viding for the leasing of facilities and operation of fuel service at the newly acquired Airpark. Upon a motion by Councilman Barton, Commercial Lease Agreement between C & B Flying Service and the City of Bakersfield was granted for 30 days, and it was agreed that the commercial lease agreement and other lease agreements that may arise, will be referred to the Urban Development Committee for study and recom- mendation back to the Council by the following roll ca]] vote: Ayes: Noes: Absent: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore None None Childs, Christensen, Bakersfield, California, July 24, 1985 - Page 14 ACTION ON BIDS Upon a motion by Councilman Rockoff, the low bid of Valley Industrial Services in the amount of $72,348.35 was accepted, all other bids were rejected, and the Mayor was author- ized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2991 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 bounded by Fraser Road, White Lane, Buena Vista Road, the Kern River, and Old River Road. Upon a motion by Councilman Childs, Negative Declaration and Ordinance No. 2991 New Series of the Council of the City of Bakersfield were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore None None Childs, Christensen, HEARINGS This is the time set for continued public hearing before the Council of the City of Baekrsfield for the purpose of receiving written and oral testimony regarding transit needs in the City of Bakersfield. Upon a motion by Councilman Christensen, the public hearing regarding transit needs in the City of Bakersfield was continued until August 28, 1985. 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 "Real No. 5" 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, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Dickerson, Resoluton No. 106-85 of the Council making findings that no written protests were filed and the territory designated as 867, Annexation No. 296, be annexed to the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Noes: None Absent: None Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Bakersfield, California, July 24, 1985 - Page 15 NEW BUSINESS Adoption of Resolution No. 107-85 of the Council of the City of Bakersfield providing for the col- lection of refuse charges by the County Tax Collector. 107-85 of following Upon a motion by Councilman Christensen, Resolution No. the Council of the City of Bakerfield was adopted by the roll call vote: Ayes: Noes: Absent: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore None None Childs, Christensen, Adoption of Resolution No. 108-85 of the Council of the City of Bakersfield accepting Supplemental Grant Deed for canal property from Tenneco West, Inc., and authorizing and approving quitclaim of canal property from City to Kern Delta Water District relative to right-of-way for the Kern Island Canal. Upon a motion by Councilman Moore, Resolution of the Council of the City of Bakerfield was adopted by lowing roll call vote: No. 108-85 the fol- Ayes: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore Noes: None Absent: None Childs, Christensen, Adoption of Resolution No. 109-85 of the Council of the City of Bakersfield regarding Application to the State of California Department of Health for permit to operate two additional groundwater wells in the Bakersfield Municipal Water System. Upon a motion by Councilman Dickerson, Resolution No. 109-85 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore Noes: None Absent: None Childs, Christensen, Adoption of Resolution of Intention No. 984 of the Council of the City of Bakersfield to establish Maintenance District No. 13. Upon a motion by Counilman Ratty, Resolution of Intention No. 984 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore Noes: None Absent: None Childs, Christensen, Bakersfield, California, July 24, 1985 - Page 16 Adoption of Resolution No. 110-85 of the Council of the City of Bakersfield preliminari]y 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 the assessment to be levied against each parcel, and the reservation of right to perform work by City forces. Upon a motion by Councilman Childs, Resolution No. 110-85 of the Council of the City of Bakersfield was adopted the following roll call vote: by Ayes Noes Absent: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore None None Childs, Christensen, Adoption of Resolution of Intention No. 985 of the Council of the City of Bakersfield calling a public hearing to determine whether public necessity, health, safety or welfare require formation of Underground Utility District II, Division 9 and 10. Upon a motion by Councilman Dickerson, Intention No. 985 of the Council of the City of adopted by the following roll call vote: Resolution of Bakersfield was Ayes: Councilmen Ratty, Rockot'f, Barton, Dickerson, Moore Noes: None Absent: None Childs, Christensen, Approval of Agreement between the City of Bakersfield and Joseph Victori Wines Incorporated. Upon a motion by Councilman Childs, Agreement between the City of Bakersfield and Joseph Victori Wines Incorporated was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore Noes: None Absent: None Childs, Christensen, Approval of Agreement with American LaFrance, Van Wyk's Chrysler Plymouth and Bakersfield Air Conditioning Supply Company for miscellaneous supplies. Upon a motion by Councilman Ratty, the Finance Director was authorized to negotiate and enter into purchasing agreements with American LaFrance, Van Wyk's Chrysler Plymouth and Bakerfield Air Conditioning Supply Company. Approval of Request of Carol Warren and Company for rate increase for liability claims administration. Upon a motion by Councilman Moore, Mayor Payne was authorized to execute the amendment to the contract for a rate increase pursuant to the request of Carl Warren and Company. Bakersfield, California, July 24, 1985 - Page 17 CLOSED SESSION Upon a motion by Councilman Barton, the meeting was recessed to a Closed Session at 9:45 p.m. to discuss the City Manager's annual performance. The regular meeting was reconvened at 11:08 p.m. Mayor Payne announced it was the general consensus of the Council that the Council will prepare written form evaluation on the City Manager, and send to the Mayor to be returned back by the August 14th Council Meeting. The Ad Hoc Committee will tabu- late the results and make the announcement. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Dickerson, the meeting was adjourned at I1:10 p.m. MAYOR of the City of Bake}'~field, CaliI'ornia ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, August 14, 1985 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hail at 7:00 p.m., August 14, 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, Moore, Ratty, Rockoff Absent: None MINUTES The minutes of the regular meetings of April 24 and May 8, 1985, and the special meeting of May 15, 1985 were submit- ted for approval. Councilman Christensen expressed his concern that in the April 24 minutes the criticism of one Councilman by another was put in the minutes, as was "Councilman Christensen made a lengthy statement regarding the Mayor's conduct" and it was not printed, and also "Councilman Christensen read a letter from Ms. Diana Buckwick concerning Councilman Ratty" and it was not printed. He also stated he made a statement regarding Councilman R~tty and it was not printed. He asked what the criteria is for placing things in the minutes. He stated the minutes of April 24, 1985, on the second page on the back stated that Counciiman Rockoff spoke in support of a motion and there was no motion given. Councilman Christensen read a prepared statement regard- ing the Mayor's conduct and made a motion to make it a part of the minutes of April 24, 1985. He felt his criticism was not properly conveyed in the minutes. His criticism was that Councilman Dickerson ~as repri- manded without any preliminaries. He was concerned what the Council was going to do to rectify this. Councilman Christensen made a motion to have his com- ments regarding the charges made against Councilman Dickerson without any bona fide proof by Councilman Ratty made a part of the minutes before they are approved. In answer to a question by Councilman Childs, City Attorney Oberholzer advised that the minutes are not a verbatim transcript of the City Council's meetings, but verbatim tran- scripts are available for six months after the meeting. If any- body wants to add anything to the minutes that they feel is pertinent then they would have to make a motion and the Council would then determine if they want to make it a part of their offi- cial record. Councilman Childs made a motion to to the minutes of April 24, 1985 containing Councilman Christensen wants included. include an addendum the statements that City Manager Caravalho City Clerk is attempting to have the minutes are so lengthy. informed the Council that the action minutes since often t~mes Councilman Childs' motion to Councilman Christensen's statements to 1985 failed by the following roll call include an addendum containing the minutes of April 24, vote: Ayes: Noes: Absent: Councilmen Barton, Childs, Dickerson Councilmen Rockoff, Christensen, Moore, None Ratty Bakersfield, California, August 14, 1985 - Page 2 Councilman Christensen's motion to have his comments made a part of the minutes before they are approved failed by the following roll call vote: Ayes: Councilmen Barton, Christensen, Dickerson Noes: Councilmen Rockoff, Childs, Moore, Ratty Absent: None Upon a motion by Councilman Dickerson, the minutes of the meetings of May 8 and May 15, 1985, were approved. Upon a motion by Councilman Childs, the minutes of the April 24, 1985 meeting were approved. PRESENTATION Mayor Payne made a presentation to Councilmen James J. Barton and Chris Christensen in recognition of ten years of ser- vice to the City of Bakersfield. SCHEDULED PUBLIC STATEMENTS Marilyn Greenlee, 1931 Chester Avenue, spoke regarding B.I.D. assessment on business licenses, and her feeling that noth- ing was being done to improve the downtown area; however, she was being assessed triple fees and being categorized as an interior designer which she is not. Upon a motion by Councilman Childs, an additional ten minutes were allowed. Councilman Christensen advised that he had received numerous calls on the issue, where the public felt too much money was being spent on facades instead of alleys and streets. Upon a motion by Councilman Rockoff, the matter was referred to the Urban Development Committee. Monty and MarJam Faulkner, 2605 La Costa Court, spoke regarding noise control on Highway 178. Councilman Rockoff advised he had taken this up with the Planning Commission and told them they should take this into con- sideration when developing the Genera] Plan Amendment. Upon a motion by Councilman Rockoff, an extra three min- utes were allowed. Upon a motion by Councilman Dickerson, an additional three minutes were allowed. Public Works Manager Hawley advised that the houses along Highway 99 were there before the highway, which is not the case with Highway 178, and in answer to a question by Ms. Faulkner that the wall along Highway 99 was constructed by the California Department of Transportation. He stated they have askcd the State to look at all highways in the City, and in particular Highway 178 from Mr. Vernon to Oswell to Fairfax, to find other locations for wails and their only recommendation was for one along liighway 99 at McColl. Upon a motion by Councilman Moore, an extra thirty sec- onds were allowed. Upon a motion by Councilman Moore, the matter regarding noise along Highway 178 was referred to the Urban Development Committee. Kelly Akers, Promotion Director for the Ice Capades, invited the Councilmembers to Opening Nite at the Ice Capades. Bakersfield, California, August 14, 1985 - Page 3 ~ Sandra Campbell, 3813 Margalo, spoke regarding requested support for the proposal before the Council tonight for a part at Harris and Akers Roads. Earl Keller, 5608 Julie Street, spoke relative to the Council's support tonight of parks in the Sixth Ward. Tom Fallgarter, 1430 Truxtun Avenue, spoke regarding Castro 4 annexation. He advised that at the July 24th Council meeting he had provided a formal protest for the City Attorney to review to determine if the form was correct under the provisions of the Government Code. Mr. Fallgatter stated he has since called the City Attorney's office and was informed by him that he would not review this protest or render an opinion on it. Upon a motion by Councilman Dickerson, an additional five minutes were allowed for discussion. Councilman Dickerson felt the City have to review these types of forms, but the standard form. Attorney ;should not City should adopt a City Attorney Oberholzer stated the laws of the State indicate the City does not have to provide these forms. He stated it is up to the protesters to present their protest. Upon a motion by Councilman Childs, an additional five minutes were allowed for discussion. Mr. Fallgatter requested a copy of a petition that has been approved so Castro 4 could get the form from it. Upon a motion by Councilman Childs, an additional three minutes were allowed for discussion. Upon a motion by Councilman Childs, an additional one minute was allowed for discussion. RECESS Upon a motion by Councilman Christensen, the meeting was recessed for ten minutes from 8:15 p.m. to 8:25 p.m. Upon a motion by Councilman Rockoff, the discussion was continued for an additional five minutes after the following roll call vote: Ayes: Noes: Abstaining: Absent: Councilmen Rockoff, Childs, Christensen Councilmen Ratty, Moore Councilman Dickerson Councilman Barton CORRESPONDENCE Upon a motion by Councilman Ratty, communication from the Department of Transportation, 1120 "M" Street, Sacramento, dated July 3, 1985, submitting proposed changes to the rules and regulations regarding TDA was received and referred to the Public Works Department. Upon a motion by Councilman Childs, communication from the City of Carpenteria, 5775 Carpenteria Avenue, Carpenteria, dated July 25, 1985, requesting support to the City's opposition to AB-1427, was received and referred to the Legislative Committee. Upon a motion by Councilman Moore, communication from Melvin G. Davis, 407 Chester Avenue, Bakersfield, dated July 24, 1985, reaffirming his request for annexation of approximately 50 acres at the southeast corner of Hosking and Wible Roads was received and referred to the Planning Department. Bakersfield, California, August 14, 1985 - Page 4 Upon a motion by Councilman Childs, communication from QUAD Consultants, 1415 18th Street, Suite 611, dated July 29, 1985, requesting a General Plan Amendment for commercial use of a portion of property located at the northwest corner of White Lane and Wible Road, adjacent to Adnac Court was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rockoff, communication from Alta Engineering Hughes Surveying, 218 South "H" Street, dated August 1, 1985, requesting a General Plan Amendment for 4.7 acres located at the northeast corner of Auburn Street and Eissler Street was received and referred to the Planning Commission. Upon a motion by Councilman Christensen, communication from Kern Audubon Society, Post Office Box 3581, Bakersfield, dated July 17, 1985, requesting the City purchase "No Trespassing" signs and place them along each side of the Kern River, beginning at the south end of Golden State Highway bridge and ending where Stockdale crosses the river was received and referred to Community Services. Upon a motion by Councilman Childs, communication from Greyhound Lines, Inc., Grehound Tower, Pheonix, Arizona, dated July 30, 1985, notifying the City of a ten percent increase in passenger bus fares was received and filed. Upon a motion by Councilman Moore, communication from Altha M. Raper, Shelton D. Roper and Bill B. Roper, dated June 14, 1985, requesting annexation of property located between Coffee Road and Calloway Drive, north of the City boundary, was received and referred to the Planning Department. Upon a motion by Councilman Ratty, communication from Derrel's Mini Storage, 3265 West Ashland Avenue, Fresno, dated July 18, 1985, requesting annexation of property 330 feet wide, one-fourth of a mile long, north of Brimhall Road, running east from coffee Road was received and referred to the Planning Department. Upon a motion by Councilman Dickerson, communication from United Transportation Union, Local 1561, 3101 Heisey Street, dated August 2, 1985, requesting support of SB-719, caboose legislation, was received and referred to the Legislative Committee. Upon a motion by Councilman Ratty, communication from American Savings and Loan Association, 300 North Harrison Street, Fifth Floor, Stockton, dated August 5, 1985, requesting annexation of property located south of Rosedale Highway, east of Coffee Road was received and referred to the Planning Department. Upon a motion by Councilman Rockoff, communication from Lynn's Inner Dimensions, P.O. Box 1698, dated July 31, 1985, pro- testing the City business license tax for Downtown Merchants Association was received and referred to the Urban Development Committee. Upon a motion by Councilman Dickerson, communication from the City of Bellflower, 16600 Civic Center Drive, Bellflower, dated August 2, 1985, regarding SB-300, increase in state gasoline tax, was received and referred to the Legislative Committee. Upon a motion by Councilman Dickerson, communication from Automobile Club of Southern California, 2301 "F" Street, dated August 7, 1985, requesting the Council adopt a resolution declaring September 1985 as Community Seat Belt Awareness Month was received and referred to the City Attorney. Councilman Dickerson suggested that like items in the future be read separately, but lumped together for purposes of a motion. Bakersfield, California, August 14, 1985 Page 5 ~} COUNCIL STATEMENTS Councilman Christensen stated three and a half years ago a group of attorneys volunteered their time to challenge an agree- ment between the City of Bakersfield and Mr. George Nickel regard- ing public access to the Kern River. The attorneys said the City had illegally traded away the public right of access along the river in return for a dirt parking lot and piece of downstream land. Even though Mr. Nickel was the only one to benefit from the trade, the City spent its money to fight that challenge in court and lost. The City appealed the decision of the lower courts. Councilman Christensen made a motion to go into closed session immediately regarding the issue relative to the memorandum from the City Attorney's office entitled Kern River Public Access Committee. Upon a substitute motion by Councilman Dickerson, it was agreed to go into closed session on the Kern River Public Access issue at the end of the agenda. A motion by Councilman Christensen for another three minutes was defeated by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Childs, Dickerson Councilmen Rockoff, Barton, Moore, Ratty None. Councilman Childs read a letter from an individual who solicited citizens to help in cleaning up Lowell Park, and voiced his appreciation. Upon a motion by Councilman Moore, he was given permis- sion to serve as a Director of the Water Association of Kern County at their upcoming annual meeting. Upon a motion by Councilman Moore, ACA-32, which deals with maintaining services during a general strike was referred to the Legislative Committee for their review and recommendation back to Council. Councilman Ratty stated he was glad to see the people from Castro 4 annexation and expressed his concern over their appointment of Mr. Fallgatter. Upon a motion by Councilman Dickerson, the City office space problems and setting up a workshop was referred to staff. REPORTS Upon a motion by Councilman Barton, Larry Cox, President of the Greater Bakersfield Chamber of Commerce, made a presenta- tion regarding the Chamber of Commerce's ground ]ease. Upon a motion by Councilman Barton, the subs~:antive por- tions of a ground lease for a two-story building for the Chamber of Commerce was accepted and the Mayor was authorized to execute. Councilman Rockoff did not participate in this matter on the advice of the City Attorney, as he is a member of the Board of the Chamber of Commerce. Public Works Manager Hawley reported on acquisition of a park site at Harris and Akers Roads by request of the Council. The market value of this property is $281,000. Mike Mason, Homestead Land Development Corporation, has agreed to sell 6-acre parcels to the City at the appraised value, conditioned upon him being allowed to create 160 lots upon the remainder of land. Staff recommends the Council: 1. Authorize staff to open a 90-day escrow for acquisi- tion of the 6-acre parcel. Bakersfield, California, August 14, 1985 Page 6 2. Reserve funds in the amount of $285,000 for the acquisition. 3. Authorize staff to include the development of the six acres in the City's application for State Park Bond Act funds. Direct the Planning Commission to determine whether acquisition of the park site fits in with the General Plan and to initiate zone changes to remove conditions of 60-foot minimum widths within the tract. 5. Adopt a resolution of intention to form o maintenance district for maintenance of the park. 6. Adopt a resolution setting the date of hearing for the maintenance district for September 11, 1985. Upon a motion by Councilman Dickerson, Public Works Manager's report regarding acquisition of a park site ot Harris and Akers Roads and recommendations were approved, and a request for Item No. 7 to be open space zoning for the park area wos referred to the Planning Commission. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 13-85 regarding ambulance rote increases, as follows: This committee has met on three different occasions to discuss the ambulance service and rate increase. At the committee meeting of July 23, 1985, the two- local ambulance service providers explained the reasons for the requested rate increases. Bc, th providers have to pay large insurance premium increases and other operating cost increases. The committee recommends that some increase should be allowed to cover these costs. The following recommended rate schedule allows for a five percent increase rounded off to the nearest fifty cents for all rates. Also a $19.00 adjustment for the basic life support and the advanced life support service is allowed. This amount is considered sufficient to cover the additional cost of insurance. These rate increases to go into effect upon adoption of the resolution. Basic life support Advanced life support Per mile Night charge Emergency response Oxygen per cylinder Waiting time per hour Present Rate $97 00 252 00 5 75 22 50 25 00 20 00 53 00 Recommended Rate $121 00 284 00 6 00 24 00 26 00 21 00 56 00 In addition, this Committee recommends formation of a task force to study ambulance service and methods which, in conjunction with the upcoming 911 emer- gency phone system, will improve ambulance response time. The Committee is to consist of Councilman Barton and representatives from the Police, Fire, EMS, City Attorney and the City Manager's oftice. Harvey Hall, representing Hall Ambulance Service, explained the charge determinations. Bakersfield, California, August 14, 1985 - Page 7 Report ad the Upon a motion by Councilman Rockoff, Budget and Finance No. 13-85 regarding ambulance rate increases, was accepted recommendations were approved. Adoption of Resolution No. 111-85 of the Council of the City of Bakersfield estab- lishing Ambulance Service Charges. Upon a motion by Councilman Rockoff, Resolution No. 111-85 of the Council of the City of Bakersfield, was adopted the following roll call vote: by Ayes: Councilmen Rockoff, Barton, Ratty Noes: None Absent: Councilman Dickerson Childs, Christensen, Moore, Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 14-85 regarding request from Kern Farmers' Market Association, as follows: On My 22, 1985, Council approved a request by the Kern Farmers' Market Association to use the City parking lot on 23rd and "H" Street for its Saturday Farmers' Market. The request for use of the lot on Thursdays from 9:00 a.m. to 1:00 p.m., or from 4:00 p.m. to 6:30 p.m. was not approved due to a concern that the Market would interfere with parking demand. At that time, staff was directed to moni- tor the utilization of this lot before further con- sideration was given for the Market during tile weekday. After two months of monitoring, it appears that a Thursday Farmers' market held after work would not inhibit parking. Recognizing changing parking demand, however, this committee recommends that staff be directed to determine the days and times of the Farmers' Market operation, with the under- standing that fulfilling parking needs is the priority. We further recommend that the City Attorney he instructed to draw up the necessary agreement which will provide for supervision, clean up and l~abil- ity insurance, and that the Mayor be authorized to execute the contract. Upon a motion by Councilman Rockoff, Budget and Finance Report No. 14-85 regarding a request from Kern Farmers' Market Association was accepted and the recommendations were approved. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 15-85 regarding neighborhood commercial development on Lakeview Avenue, as follows: The Business Development and Revitalization Strategy for Census Tract 22 was presented to the Council on February 8, 1984. The strategy was developed to provide a vehicle for improving the availability of neighborhood commercial services in the area. Part of that strategy involved working with existing businesses on Lakeview Avenue to upgrade their business operations and rehabilitate or reconstruct their buildings. Over the past few months, staff has been working with an existing property owner that is operating a business at 415-425 Lakeview Avenue. Bakersfie]d, California, August 14, 1985 Page 8 Mr. Henry Shipes proposes to construct a new neigh- borhood commercial facility on vacant land next to his current business location. The new fsci]ity will be located on the corner of Lakeview and Houser. The new facility will contain a convenience market, ]aundromat and check cashing service. The proceeds for the project are projected to, come from the sale of 415-425 Lakeview Avenue, a low interest loan from the City and the sale of some equipment by the owner. The above property wi]] be purchased by the City as approved in report number 32-84 from this committee. The report was approved by the Council on November 28, 1984, and authorized the acquisition of two other properties on Lskeview Avenue. The other two properties have been acquired and the substandard structures have been demolished. Mr. Shipes is requesting that the City provide a commercial development loan in the amount of $114,000 for the term of 15 years at an interest rate of 9%. Conventional loans are at an interest rate of 15% and would make the project unfeasible. He is also requesting that the City provide $10,000 in site improvements to further reduce the develop- ment costs. Mr. Shipes will provide $82,000 of his own funds to cover such additional costs as inte- rior furnishings, signs, equipment, working capital and miscellaneous construction improvements. When the project is completed it will contain 3680 square feet of retail space. The project will rep- resent the first new commercial space to be built in the area as part of the Business Development and Revitalization Strategy. The project will serve as an incentive and example of what can occur in the area through the use of Community Development Block Grant Funds. Therefore, we are recommending the following: That staff prepare an agreement for execution by the Mayor setting forth the terms and conditions for the City's participation in Mr. Shipes' project as outlined in this report. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 15-85, regarding neighborhood commercial development on Lakeview Avenue, was accepted and the recommenda- tions were approved. Councilman Rockoff, Chairlnan of the Budget and Finance Committee, read Report No. 16-85 regarding amendments to Agreements Nos. 83-24 and 85-72 between the City of Bakersfield and Security Pacific National Bank, as follows: In order to fund loans under the Rental Rehabilitation Program, it is necessary that we extend Agreement No. 8324. The interest subsidy program provides the mechanism to achieve a 50/50 split between public and private funds required under the program guidelines. This is an extension of the current agreement that sets forth the terms and conditions of the City's participation in Security Pacific's interest sub- sidy program for below market rate home improvement loans. Bakersfield, California, August 14, 1985 - Page 9 The Department of Housing and Urban Development has requested that the City amend Agreement No. 85-72 to specify the amount of deposit necessary to place into effect the terms in the agreement. This agreement sets forth the terms and conditions for the City's participation in the Bank's direct loan program. The program uses CDBG funds to make low interest home improvement loans that create a revolving loan pool as the loans are repaid. Staff is proposing that the amount of $100,000 be used for this pur- pose. The amount is consistent with all other cit- ies using the program and is the same amount that the City uses in similar agreements with Security Pacific National Bank. Therefore, it is recommended that subject agree- ments be amended as referenced in this report. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 16-85, regarding amendment to Agreements Nos. 83-24 and 85-72 between the City of Bakersfield and Security Pacific National Bank, was accepted and the recommendations were approved. Councilman Barton, Chairman of the Urban Development Committee, read Report No. 11-85, regarding Downtown Improvement District Budget, as follows: On July 23, 1985, this committee met with represen- tatives of the Downtown Business Association to review the Downtown Improvement District (D.I.D.) budget and to discuss the current method of colle- cting and disbursing D.I.D. funds. The City Finance Division collects fees as due. The funds are disbursed quarterly, based upon a previously approved budget. Currently, the City does not charge D.I.D. for collection, accounting or admin- istrative services. The Downtown Business Association requested Lhat D.I.D. funds be turned over to them monthly as they become available so that the D.B.A. can accrue interest and further requested that more informa- tion concerning projected and available reveaues be provided. The recommendations of this committee are as follows: 1) Approval of the 1985-86 D.I.D. budget, total amount disbursed not to exceed revenues collected. 2) Direct the Finance Division to turn over to the Downtown Business Association all D.I.D. taxes col- lected each month by the 15th of the following month. 3) In the future, the Downtown Business Association is to present to the Council for appro- val its proposed D.I.D. budget by the month nf May, based on information provided by the Finance Department in March. 4) The Finance Director to charge D.I.D. a reason- able fee for collection, accounting and administra- tive services. 5) Instruct the City Attorney to modify the con- tract allowing for these changes and authorize the Mayor to execute the contract. Bakersfield, California, ^u~ust 14, 1985 - Page 10 Upon a motion by Councilman Barton, Urban Development Committee Report No. 11-85 regarding Downtown Improvement District Budget, was accepted and the recommendations were approved. Councilman Barton, Chairman of the Urban Development Co~nmittee, read Report No. 12-85, regarding Lease of City-Owned Building at 2014 "L" Street, as follows: On July 26, 1985, this committee met with staff to discuss the possible lease of the building a~ 2014 "L" Street, the former Hyland Blood Bank location. Interest was expressed, and a proposed lease nego- tiated, with a group of businessmen who wish to convert the building to a restaurant which they will operate. The building in question is a single-story struc- ture with a partial basement. The main floor pro- vides approximately 3,000 square feet of useable space. The building appears to be sound, an(] the heating/air conditioning system is relatively new. There is some evidence of minor roof leaks, however these should be easily repaired. The lease terms negotiated include: 1) A two (2) year term of the lease. 2) $900 per month rental payment. 3) Lessee pays all maintenance costs after roof repaired and air conditioning/heating units are made operable. 4) Lessee pays all taxes. 5) Lessee shall maintain adequate liability and fire insurance coverage and the City shall be an additional insured on the policy. 6) The City shall provide eight (8) reserved park- ing spaces in the adjacent City parking lot to meet zoning requirements. Therefore, since this building has been sitting vacant for many years without generating any taxes or other revenue, and since it is the desire of the City to encourage new business, particularly in the downtown, it is the recommendation of this commit- tee that the lease be executed to allow the tenant to initiate their renovation activity so thai: the business can be operating as soon as possible. Upon a motion by Councilman Barton, Urban Development Committee Report No. 12-85 regarding Lease of City-Owned Building at 2014 "L" Street, was accepted and the recommendations were approved. Councilman Moore, Urban Development Committee, read Report No. 13-85 regarding lease of office space and operation of the fueling serve at the Bakersfield Airpark, as follows: On July 26, 1985, this Committee met to review the lease between the City and C & B Flying Service, located at the Bakersfield Airpark. This ]ease was referred to Committee at the City Council meeting on July 24, 1985 for review. Bakersfield, California, August 14, 1985 - Page 11 ~{i It was determined, after careful review and discus- sion with staff, that the lease, as presented, was fair and equitable to both C & B Flying Service and the City of Bakersfield. C & B will lease office space and operate the fueling service at the Airpark for a two year period, paying a rental on the building and a flow fee on each gallon of fuel sold. It is, therefore, the recommendation of this Committee that the lease be executed between the City of Bakersfield and C & B Flying Service. Upon a motion by Councilman Moore, of the Urban Development Committee Report No. 13-85 regarding Lease of Office Space and Operation of the Fueling Service at the Bakersfield Airpark, was accepted and the recommendations were approved. Councilman Barton, Chairman of the Urban Development Committee, read Report No. 14-85, regarding Rental Agreements for Hangars and Tie-Down Spaces at the Bakersfield Airpark, as follows: This Committee met with staff on July 26, 1985, and discussed the format and basic content of the ren- tal agreement that must be executed between the City of Bakersfield and each aircraft owner at the Airpark. It was determined that a month-to-month simplified format would be used requiring certain basic infor- mation on regulations on the use of the space and the aircraft owner's responsibility. It was also determined that a designated staff person should be responsible for the execution of each ]ease or agreement. Therefore, it is the recommendation of this Committee that other standardized Tie-Down and Hangar Rental Agreements be approved and the staff be instructed to execute the appropriate document with each aircraft owner at the Airpark. Upon a motion by Councilman Barton, Urban Development Committee Report No. 14-85 regarding Rental Agreements for Hangars and Tie-Down Spaces at the Bakersfield Airpark, was accepted and the recommendations were approved. Councilman Moore, of the Urban Development Committee, read Report No. 15-85, regarding Formation of a Non-Profit Foundation, as follows: On August 6, 1985, the Committee met to discuss the formation of a non-profit foundation for the pur- pose of improving communications with citizens and providing a vehicle for accepting gifts to the City. Some communities have used foundations to publish and cireulate newsletters, and to maintain cummuni- eation between the City and its residents. The foundation could provide the funding for such an operation through donations. The foundation could also be used to encourage cit- izens to make tax-exempt donations to their City. One method which could be used to develop a gift catalogue suggesting a wide selection of items could be donated. ~'- · Bakersfield, California, August 14, 1985 - Page 12 It is recommended that the members of the proposed foundation consist of the seven Councilmembers. In addition, the foundation should have five direc- tors: the Mayor, the President of the Chamber of Commerce, the Chairman of the Planning Commission, the Chairman of the Citizens Auditorium Committee and the Chairman of the Beautification Committee. The Committee suggests that the name of the founda- tion be "The Clocktower Foundation." This Committee recommends Council approval of the formation of this foundation and direct staff to proceed with the preparation of bylaws, processing of applications and other action necessary to proceed with the formation of the foundation. Upon a motion by Councilman Moore, Urban Dew~lopment Committee Report No. 15-85, regarding Formation of a Non-Profit Foundation, was accepted and the recommendations were approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claim Nos. 59 to 332, inclusive, in the amount of $999,377.41. bo Claim for Damages from A. Elizabeth Driscoll, 4627 Columbus Street, Apartment B, Bakersfield. (Refer to City Attorney) Claim for Damages from J. C. Calhoun and Jennie Ruth Calhoun, c/o Robinson, Palmer and Stanton, 3434 Truxtun Avenue, Suite 150. Refer to City Attorney) Claim for Damages and Personal Injuries Eugene Everett Gash, 99 Spruce Street, Bakersfield. (Refer to City Attorney) from Application for Leave to Present Late Claim from Darlette Bradley, c/o Attorney Fred W. Owen, 1430 Truxtun Avenue, Suite 777, Bakersfield· (Refer to City Attorney) f. Dedication of Property: Public Utilities Easement from the City of Bakersfield to Pacific Gas and Electric Company for new facilities required for Treatment Plant No. 3 expansion. The six foot wide easement is located south of McCutcheon Road between Gosford Road and Ashe Road. Flowage and Access Easement from Bennett Manning as required for Parcel Map Waiver 34-85, located north of Panama Lane, east of South "H" Street. Irrigation Line Easement from the City of Bakersfield to the Kern Union High School District for an irrigation pipeline cross- ing City-owned property located south of Highway 58, east of Mt. Vernon Avenue. Bakersfield, California, August 14, 1985 - Page 13 ~ ~-i Street Right-of-Way Deed and Retention Basis Grant Deed from Truxtun Partners required for Parcel Map 7310, located north of Truxtun Avenue, west of Freeway 99. Flowage Easement from James and Gloria Wattenbarger required for Parcel Map 7134, located south of Denise Avenue, west of Manor Street. Street Right-oF-Way Deeds and Flowage Easements from Oxy Petroleum, Inc., required for Parcel Map 7597, located south of the Calloway Canal, east of Sillect Avenue. g. Maps and Improvement Agreements: Map of Tract No. 4656 and Improvement Agreement for 65 lots on 8.07 acres located south of Harris Road and east of Stine Road. (Norm Development Company) Map of Tract No. 4786, Phase A, and Improvement Agreement for i lot on 3.8 acres located east of Miramonte Drive, south of State Route 178. (Magna Development Corporation) Map of Tract No. 4590, Phase III, with 53 lots on 5.25 acres located south of Stockdale Highway, west of Gosford Road. Required impro- vements are existing. (El Capitan Development Company) Improvement Agreements for Parcel Map No. 7597 for 20 parcels on 31.4 acres located south of the Calloway Canal, east of Sillect Avenue. (Oxy Petroleum, Inc.) h. Notices of Completion and Acceptance of Work on: 8" sewer pipe in Union Avenue north of California Avenue, Contract No. 85-96, H.P.S. with Resurfacing portions of Sundale Avenue between LaPuente Drive and Bermuda Street, Contract No. 85-95, with Granite Construction Company. Improving Kentucky Street from east City limit to Stockton Street, Contract No. 85-76, with Granite Construction Company. Tract No. 4692, Contract No. 84-160, located at Fairfax Road and Auburn Street, with CDS Development of California. 5. Tract No. 4604, Contract No. 83-198, located at Fairview Road east of South "H" Street, with Challenge Builders. Tract 4690, Contract No. 84-149, located on the north side of Stockdale Highway west of E1 Rio Drive, with J. L. Denio. Furnish Standby Electric Generating System for Ashe Water Well #14, Contract No. 84.-39, with Pacific Power, Inc. Bakersfield, California, August 14, 1985 Page 14 i. Application for Encroachment Permits from the following: Samuel Shaw, 1801Glenbrea Court, for the construction of a 4-foot block wall across the pedestrian opening at the north end of GIenbrea Court. The adjacent property owners have signed a petition approving this; request. Larry Grayson, 1114 Ralston Street, Ior construction of a 4-foot high fence behind the sidewalk at 1114 Ralston Street. The adjacent property owners have signed a petition approving the request. Paul Azparren, 178 Pasatiempo Drive, for a 10-inch high retaining wall along the extension of lot line to the back of side- walk on E1Cerrito Drive at 178 Pasatiempo Drive. San Joaquin Community Hospital, 2615 Eye Street, for installation of a 6-foot chain link fence along the back of sidewalk, encroaching 3 feet or ]ess into the right- of-way, along Chester Avenue at 2801 Chester Avenue. Colbek Construction, P.O. Box 10419, Bakersfield for the construction of 6-foot high wooden fences along Stancliff Street behind the sidewalk at 1325 Schull court and along Claire Street behind the sidewalk at 1309 Landston Street. Adjacent lots are owned by Coblek Construction. j. Approval of Plans and Specifications: Construction of an asphalt concrete overlay on "M" Street from Truxtun Avenue to 24th Street. Installation of a 6-foot chain link fence around the perimeter of the east reservoirs at Treatment Plant No. 2 Construction of an asphalt concrete overlay on Edgemont Drive between Union Avenue and East Truxtun Avenue. Construction of an asphalt concrete overlay on East 19th Street between Union Avenue and East Truxtun Avenue. Upon e, f, g, h, i, following roll a motion by Councilman Rockoff, Items a, b, c, d, and j of the Consent Calendar, were approved by the call vote: Ayes: Noes: Absent: Councilmen Rockoff, Barton, Childs, Christensen, Moore, Ratty None None Dickerson, ACTION ON BIDS Upon a motion by Councilman Ratty, the low bid from Bone and Son in the amount of $138,670.00, for earth moving and hauling, was accepted, all other bids rejected, and the Mayor was author- ized to execute the contract. Bakersfield, California, August 14, 1985 Page 15 ~{~ Upon a motion by Councilman Ratty, the low bid from Boynton Brothers, Inc. in the amount of $69,074.70, for recapping was accepted, all other bids rejected, and the Mayor was author- ized to execute the contract. Upon a motion by Councilman Barton, the low bid from Boise Cascade in the amount of $10,892.48, for office supplies 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 D.D. & K. Construction Company, Inc., in the amount of $6,285.00, for demolition and removal of structures was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, the low bid from A.R.B., Inc., in the amount of $264,680.00, for Phase II construc- tion of the 2800 Acre Groundwater Recharge area was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, the usual bidding requirements, pursuant to Municipal Code Section 3.20.050, were dispensed with and the Finance Director was authorized to negoti- ate a price for five recorders with Leupold and Stevens, Inc., not to exceed the budgeted amount of $7,500.00. Upon a motion by Councilman Christensen, the usual bid- ding requirements, pursuant to Municipal Code Section 3.20.050, were dispensed with and the Finance Director was authorized to negotiate a price not to exceed the budgeted amount of $30,000.00 for dispatch storage and retrieval system software with Provincial Data Systems. DEFERRED BUSINESS Adoption of Resolution No. 112-85 of the Council of the City of Bakersfield "The Kern River Plan" as an element of the Bakersfield Metropolitan Area General Plan. Upon a motion by Councilman Moore, Resolution No. 112-85 of the Council of the City of Bakersfield, was adopted by the fol- lowing 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 for hearing protests by persons owning real property or any registered voter residing within terri- tory designated as "Wible No. 6," pro- posed to be annexed to the City of Bakersfield. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, August 14, 1985 - Page 16 Upon a motion by Councilman Ratty, Resolution No. 113-85 of the Council of the City of Bakersfield making findings that no written protest has been filed and ordering the territory desig- nated as Proceeding No. 871, Annexation No. 299, Wible No. 6 be annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Rockoff, Barton, None Councilman Christensen Councilman Dickerson Childs, Moore, Ratty Upon a motion by Councilman Dickerson, the last motion was reconsidered. Councilman Ratty's restated motion to adopt Resolution No. 113-85 was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Moore, Ratty Noes: None Absent: None Childs, Christensen, Dickerson 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 terri- tory designated as "Harris No. 4," pro- posed to be annexed to the City of Bakersfield. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 114-85 of the Council of the City of Bakersfield making findings that no written protest has been filed and ordering the territory desig- nated as Proceeding No. 872, Annexation No. 300, Harris No. 4 annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Chr i s tensen, NEW BUSINESS Adoption of Resolution No. 115-85 of Council of the City of Bakersfield accepting a California Department of Transportation Inter-Modal Facility Planning Grant. t he Upon a motion by Councilman Moore, Resolution No. 115-85 of the Council of the City of Bakersfield, was adopted by the fol- lowing roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Bakersfield, California, August 14, 1985 - Page 17 ~9~ Adoption of Resolution No. 116-85 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. 301 (Fairview No. 2). Upon a motion by Councilman Ratty, Resolution No. 116-85, of the Council of the City of Bakersfield, was adopted by the fol- lowing roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Adoption of Resolution No. 117-85 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. 303 (Akers No. 3). Upon a motion by Councilman Childs, Resolution No. 117-85, of the Council of the City of Bakersfield, was adopted the following roll call vote: by Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Adoption of Resolution No. 118-85 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. 302 (Hughes No. 2). Upon a motion by Councilman Christensen, 118-85, of the Council of the City of Bakersfield, the following roll call vote: Resolution No. was adopted by Ayes: Councilmen Rockoff, Barton, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Deferral of Resolution of the Council of the City of Bakersfield establishing pro- cedures and requirements for the consid- eration of development agreements. Upon a motion by Councilman Rockoff, this resolution was deferred until the next meeting with direction to staff to confer with representatives of the building and development community. Adoption of Resolution of Intention No. 986 of the Council of the City of Bakersfield to establish Maintenance District No. 14 (Akers and Harris). Upon a motion by Councilman Dickerson, Resolution of Intention No. 986 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, Bakersfield, California, August 14, 1985 Page 18 Adoption of Resolution No. 119-85 of the Council of the City of Bakersfield preli- minarily adopting, conforming and approv- ing 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. (Maintenance District No. 14). This resolution sets the date of protest hearing for the Council meeting of September 11, 1985. Upon a motion by Councilman Christensen, Resolution No. 119-85, of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Counc Noes: None Absent: None ilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore, Ratty Adoption of Resolution of Intention No. 987 of the Council of the City of Bakersfield declaring its intention to order the vacation of five feet of the alley located at the northwest corner of Panama Lane and South "H" Street in the City of Bakersfield. Upon a motion by Councilman Barton, Resolution of Intention No. 987, of the Council of the City of Bakersfie]d, adopted by the following roll call vote: was Ayes: Noes: Absent: Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore, Ratty None None Adoption of Resolution of Intention 988 of the Council of the City of Bakersfield declaring its intention to order the vacation of the southerly nine feet of Butte Street between King Street and Beale Avenue in the City of Bakersfield. Upon a motion by Councilman Childs, Resolution of Intention No. 988, of the Council of the City of Bakersfie]d, adopted by the following roll call vote: was Ayes: Noes: Absent: Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore, Ratty None None Approval of an Agreement between the City of Bakersfield and the Housing Authority of the County of Kern for the use and maintenance of radio equipment on the roof of the Plaza Towers. Upon a motion by Councilman Barton, the Agreement bet- ween the City and the Housing Authority of Kern County for the use and maintenance of radio equipment on the roof of the Plaza Towers was approved and the Mayor was authorized to execute the contract. Bakersfield, California, August 14, 1985 Page 19 ~ ~ Approval of an Agreement with East Niles Community Development, a California lim- ited partnership, to purchase property for a drainage basin in the Pioneer Planned Drainage area. Upon a motion by Councilman Rockoff, the Agreement with East Niles Community Development, a California limited partner- ship, to purchase property for a drainage basin in the Pioneer Planned Drainage area, was approved and the Mayor was authorized to execute the contract. Approval of an Agreement with Bruce Beaudoin & Associates, Inc. for appraisal services. Upon a motion by Councilman Moore, the Agreement with Bruce Beaudoin & Associates, Inc., for appraisal services, was approved and the Mayor was authorized to execute the contract. Approval of an Agreement with Tenneco West, Inc., for an effluent disposal sys- tem at Wastewater Treatment Plant No. 3. Upon a motion by Councilman Moore, the Agreement with Tenneco West, Inc., for an effluent disposal system at Wastewater Treatment Plant No. 3, was approved and the Mayor was authorized to execute the contract. Approval of a Service Agreement between Tenneco Oil Company, North Kern Water Storage District and City of Bakersfiel,d. Upon a motion by Councilman Moore, the Service Agreement between Tenneco Oil Company, North Kern Water Storage District and City of Bakersfield, was approved and the Mayor was authorized to execute the contract. Approval of a Request for Use of Street Permit from Western Geophysical to per- form geophysical surveys along the fol- lowing routes: Wible Road from Highway 99 (north of Planz) south to City limits; and Union Avenue from 1/4 mile north of Ptanz Road south to City limits. Upon a motion by Councilman Dickerson, a Request for Use of Street Permit from Western Geophysical to perform geophysical surveys along the following routes: Wible Road from Highway 99 (north of Planz) south to City limits; and Union Avenue from 1/4 mile north of P]anz Road south to City limits was approved. CLOSED SESSION Upon a motion by Councilman Moore, the meeting was recessed to a Closed Session at 10:10 p.m., to discuss the memo- randum regarding legal litigation. The regular meeting was re- convened at 11:03 p.m. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Barton, the meeting was adjourned at 11:05 p.m. ~.~___ MAYOR of the City of B~kersfield, Calif. ATTEST: CITY CLERK and Ex Officio CIerk of the Council of the City of Bakersfield, California Bakersfield, California, August 28, 1985 Minutes of a special meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:00 p.m., August 28, 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. Absent: None Councilmen Barton, Childs (seated at 5:10 p.m.), Christensen, Dickerson, Moore, Ratty, Rockoff (seated at 5:05 p.m.) WORKSHOP SESSION CRIME PREVENTION City Manager Caravalho stated Crime Prevention is an important issue, and the City is giving it a high priority. Additional emphasis will be placed on Neighborhood Watch Groups and other programs to try to influence and set a course of action to get the public involved. Lieutenant Galen Chow of the Bakersfield Police Depart- ment spoke regarding the Crime Prevention Unit. Mr. Gary Bahnsen, Crime Prevention Coordinator outlined the accomplishments, current status and future goals of the Crime Prevention Unit. OFFICE SPACE NEEDS City Manager CaravaIho stated that the issue of more office space for Councilmembers in an effort to provide more pri- vacy, has been expressed. There has been monies budgeted for architectural work to add an additional two floors in the south building during Fiscal Year 1986-87, and indicated the Council needs to discuss any other possible changes. Public Works Manager Hawley gave an overview of the study prepared by Biggar and Frapwe]l Master Plan for City Hall 1976. After a lengthy discussion, Councilman Dickerson made a motion to direct staff to locate Inore office space for individual offices or joint sharing of office space for Councilmen. Councilman Dickerson made a motion that an office be provided to the Vice-Mayor and three additional offices provided to the remaining six Councilmembers to share. He further stated he wanted the office to be located in City Hall and this to be accomplished as soon as possible. Councilman Dickerson stated that at the present time there are questions whether the Council needs three additional offices and an office for the Vice-Mayor and felt that could be the long-range goal. Councilman Dickerson amended his motion to direct staff to provide an additional two offices; one for Vice-Mayor and one other for Councilmembers to share. This motion was unanimously approved. Councilman Dickerson stated that when the two floors are added to the south building, Councilmembers should have individual offices. Bakersfield, California, August 28, 1985 Page 2 ~9~ ADJOURNMENT There being no further business to Council, upon a motion by Councilman Barton, adjourned at 6:15 p.m. come before the the meeting was MAYOR of the City of'Bal~ersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California CW Calif. Bakersfield, California, August 28, 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., August 28, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend David Atkins, of Wesley United Methodist Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Absent: None MINUTES Upon a motion by Councilman Childs, Minutes of the regu- lar meeting of May 22, 1985, were approved as presented. PRESENTATIONS Mayor Payne made a presentation to Albina R. Ayars for her loving commitment and unselfish contributions to the youth of the community. Councilman Moore gave a Key to the City to Albina Ayars for her contribution to the community of the Fifth Ward. Mayor Payne made a presentation to the Bakersfield Bears, a local soccer team composed of 18 young men between the ages of 12 and 14 and their coaches, Hank Hinse and Joe McFadden, for the honor they brought the community while competing in the European Soccer Tour. Vice-Mayor Barton presented the Bakersfield Bears and their coaches with Certificates of Appreciation. SCHEDULED PUBLIC STATEMENTS Linda Barton Wallace, Chairperson for the City of Bakersfie]d/County of Kern Fair Housing Task Force submitted ommendations on the Majority Report and Minority Report. rec- Upon a motion by Councilman Childs, the report was referred to the Intergovernmental Relations Committee. Gonzales Ramerez spoke in support of the recommendations submitted by Linda Wallace on the Fair Housing Task Force, and stated that there is a need for a Fair Housing Program to assist in the eradication of housing discrimination. A special purpose non-profit organization should be established to run tile program. Upon a motion by Councilman Childs, Mr. Ramerez was given three additional minutes to address the Council. Upon a motion by Councilman Childs, Mr. mendations were referred to the Intergovernmental Committee. Ramerez's Relations recom- Barbara Dewey, President of the League of Women Voters of Bakersfield, 7916 Saddleback, spoke in support of the ]?air Housing Task Force Report. Beth Freedman, Kern County Crime Prevention Task Force, stated that there will be a Crime Prevention Task Force to be held at the Civic Auditorium on Sunday, September 8, 1985. She intro- duced Mr. McRuff, of the Crime Prevention Task Force, who depu- tized the Councilmembers. Brad Lewis, 3108 Ouray Way, spoke in support of crossing guards for Laurelglen Grade School. Bakersfield, California, August 28, 1985 Page Upon a motion by Councilman Ratty, Mr. Lewis was allowed to speak three additional minutes. Bob O'Rand, Bakersfield Firefighter Legislative Action Group, 207 Fishering Drive, stated opposition to the Joint Powers Agreement with the County of Kern. Ed Watts, Shop Steward for Local 911, 2109 Earlene Court, spoke regarding Union Local 911 which represents the City Firefighters and Fire Engineers, and the Joint Powers Agreement. He stated that the City will be in violation of the union contract and served notice. Darrell Cooper, 6108 Edgemont Drive, Captain for the City of Bakersfield Fire Department and a Union Steward, served notice that the California State Fireman's Association states that the City will be in violation of the Firefighters' contract. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Fruitvale School District, 2114 Calloway Drive, dated July 12, 1985, requesting the City of Bakersfield and Fruitvale. School District divide the cost of a crossing guard for Quailwood School, was referred to the Urban Development Committee. Upon a motion by Councilman Dickerson, communication from the City of La Mesa, 8130 Allison Avenue, La Mesa, dated August 15, 1985, requesting Council adopt a resolution supporting a statewide ballot initiative for relief of joint-several liabil- ity and forward to the League of California Cities, was received and referred to the Legislative Committee. Councilman Rockoff made a motion to adopt a resolution on the request by the Downtown Business Association to formally invite Johnny Carson to be the Grand Marshal at the 1985 Christmas Parade. Councilman Childs made an amended motion to refer the communication from the Downtown Business Association, 1527 19th Street, Suite 204, dated August 22, 1985, requesting that the Council formally invite Johnny Carson to be the Grand Marsha] at the 1985 Christmas Parade, to the Auditorium and Community Services Committee and to bring back a recommendation at the next meeting. The motion was unanimously approved. COUNCIL STATEMENTS Councilman Barton read a memorandum, regarding City-Wide Clean-Up Program. Upon a motion by Councilman Barton, the City-Wide Clean-Up Program was referred to the Urban Development Committee wi'th a report to come back at the next meeting. Councilman Ratty read a portion of a letter from Bill Williams, Superintendent of Schools, supporting the need of a crossing guard at Northwind Boulevard intersection. Upon a motion by Councilman Barton, additional time was extended to Councilman Ratty due to the emergency issue of a crossing guard at Laurelglen and Quailwood Schools. Upon a motion by Councilman Ratty, the City was directed to assess the possibility of a crossing guard district at both Quailwood and Laurelglen Schools. Bakersfield, California, August 28, 1985 Page 3 Upon a motion by Councilman Ratty, staff was directed to establish a crossing guard at Laurelglen School from the opening of school until such time that either the warrants or the new investigation say that it is needed, or if they are not needed, that the guard stays there until such time as the district can be formed. Councilman Ratty made a motion that in the event that the warrants are not met and the district fails, that the guard will be withdrawn from the intersection unless some other means of financing comes from the school district or some other financing other than the City; and that the school district and Parent/Teachers Association of Laurelglen communicate this under- standing back to the City. This motion was approved, with Councilman Dickerson voting no. Councilman Dickerson clarified his vote stating that a crossing guard should not be withdrawn once it is in place. Councilman Dickerson requested copies of the Legislative Bulletin from the League of California Cities and other legisla- tive materials which might affect the City. REPORTS Councilman Childs read Report No. 3-85 from the Legislative Committee regarding Legislative Recommendations, follows: as The Legislative Committee recently met to discuss five issues which were referred to us by the City Council. Senate Bill 976 was originally submitted to the City Council by the local Metal Salvage Vehicle Dismantlers and Towing/Storage Operators. This bill would exclude solid waste which results from the shredding of automobile bodies, household appliances and sheet metal from the hazardous waste category. This bill passed the State Senate by 38 to 0 vote and is now in the State Assembly. We are in agreement with the bill and would recom- mend Council support. Assembly Constitutional Amendment 32 was referred to us by Tom McClintock, Assemblyman of the 36th District. Mr. McClintock is requesting support of this constitutional amendment which would prohibit public employee strikes. We have been in contact with the League of California Cities, and they have not taken a stand on this amendment at this time in that they feel it would have a negative effect on proposed bills in regards to binding arbitration. This committee is in support of the League's posi- tion and would recommend no Council action at this time. Senate Bill 719 would require all trains that oper- ate over a distance of one mile to have a caboose attached to the rear car. The Legislative Committee, in following past Council precedence, is recommending no action on this bill in that it has little, if any, effect on the City of Bakersfield. Senate Bill 300 (Foran) would establish addifional revenues for local street and road funding. The bill allocates $125 million from funds generated through the State's share of the Federal Outer Continental Shelf Lands Act revenue. These funds would be distributed to cities and counties for Bakersfield, California, August 28, 1985 - Page 4 street and road maintenance. As the bill appears now, the current 9C-a-gallon gas tax could be shifted to a percentage basis if a percentage levy yields greater revenues than the current level. This portion of the bill is alarming to the members of the Legislative Committee in that it could result in a tax increase. We are, therefore, recom- mending that the Council oppose this bill in its present form. We have requested staff to keep us informed if the bill were to change and that the 9~ levy stay in effect rather than shifting to a per- centage basis. This committee will continue to study this bill and make further recommendations to the Council. We are, therefore, recommending Council approval on Senate Bill 976, no action on Assembly Constitutional Amendment 32, no action on Senate Bill 719, no action on Assembly Bill 1427, and opposition to Senate Bill 300 in its present form. We would further recommend that the City Attorney draw up the necessary resolutions and forward the to the State Assembly. Councilman Childs made a motion to receive and accept Report No. 3-85 from the Urban Development Committee and implement the recommendations of the report with the exception of SB 300. Councilman Moore made an amended motion to receive and accept Report No. 3-85 from the Urban Development Committee regarding Legislative i{ecommendations; implement the recommendations contained therein; and continue to track Constitutional Amendment 32. The motion was unanimously approved. Assistant City Manager Russell read a memorandum to the Legislative Committee, dated August 28, 1985, regarding stat'f report on SB 300, as follows: On Monday, August 26, 1985, the City Manager's Office contacted the League of California Cities' office and was informed that the shift from 9, to a percentage basis has been dropped from Senate Bill 300. This bill, in its present form, would not result in a tax increase and would mean approxi- mately $1 million over the next two years for streets and road maintenance for the City of Bakersfield. Presently, there are $4.4 million of street mainte- nance projects needed in the City of Bakersfield over the next two years. Since we only have $1.8 millioa available for street maintenance projects, the staff is recommending Council approval of SB 300. For the Counci]'s information, the staff also con- tacted the City of Bellflower who originally requested a resolution by the City of Bakersfield opposing SB 300. The Mayor's Office of Bellflower informed us this week that the request was in error. They have apologized and are issuing their regrets, and Bellf]ower's Council is now in favor of SB 300. Councilman Childs made a motion to support Senate Bill 300 in lieu of the additional information provided by the staff report. This motion was approved, with Councilman Dickerson abstaining. Bakersfield, California, August 28, 1985 Page 5 City Manager Caravalho reported on the progress of the Joint Powers Agreement with the County of Kern, and stated that the agreement was reached on August 26, 1985 and presented to the Board on August 27, 1985. Fire Chief Needham gave a historical overview of the Joint Powers Agreement and stated that one area of major contro- versy is the total fire protection aspect. Councilman Childs made a motion to delay any action on the Joint Powers Agreement for the next couple of days and call a special meeting with those issues addressed and then make a deci- sion. Councilman Ratty made a substitute motion to direct staff to proceed with necessary prerequisites prior to adoption of the recommendation, including meet and confer, where necessary, and the preparation of appropriate documents for adoption consis- tent with the recommendation of the City Manager and County Administrative Officer. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Moore, Barton Councilman Dickerson None Ratty, Rockoff, RECESS Upon request by Councilman Barton, the meeting was recessed at 9:40 p.m., and reconvened at 10:00 p.m. Councilman Childs stated, for the record, that Bob O'Rand was representing the Union, Association or some other organiza- tions but was not representing himself as a City Firefighter. CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claims Nos. 333 to 879, inclu- sive, in the amount of $2,599,888.17. b. Claim for Damages from Larry Tucker, P.O. Box 297, Lamont, (Refer to City Attorney) Claim for Damages from Rita M. Sorenson, San Pablo, Bakersfield. (Refer to City Attorney) 2618 Claim for Damages from Industrial Indemnity, for Claudetta Young, 2200 19th Street, Bakersfield. (Refer to City Attorney) Claim for Damages 1007 Pacific, Apt. City Attorney) from James Albert Enriquez, A, Bakersfield. (Refer to Claim for Damages from Stephen O. and Rosemarie Witt, c/o Attorneys Kuhs & Parker, P.O. Box 2205, Bakersfield. (Refer to City Attorney) Bakersfield, California, August 28, 1985 Page 6 ~0~ g. Dedication of Property: Quitclaim Deed from the City of Bakersfield to Olive Drive Investors in exchange for public utilities easement from Olive Drive Investors to the City of Bakersfield for relocation of an existing water line located east of Oswell on the south side of vacated Sill Place. Easements to construct and maintain masonry walls from Tenneco Realty Development Corporation, for Tentative Tract 4772, located at the southeast corner of Ming Avenue and El Portal Drive. Additional dedication for a portion of Coffee Road at Truxtun Avenue from Tenneco Realty Development Corporation. An easement for water line purposes from Tenneco Realty Development in the vicinity of Coffee Road and Truxtun Avenue Easement of underground communication facilities from the City of Bakersfield to Pacific Bell crossing the City of Bakersfield Municipal Farm to serve the new High School Agricultural Center. Sewer and Public Utility Easement and Storm Drain Easement from United States Postal Service, located at the northeast corner of P]anz Road and Larson Lane. Maps and Improvement Agreements: Improvement Agreement for Parce! Map 7310 with Truxtun Partners, for 10 parcels on 15.75 acres located north of Truxtun Avenue, west of Freeway 99. Final Maps and Improvement Agreements for Tracts 4444, Phases A, B, and C, and Tract 4445, Phase A, B, and C, with Wayne L. Vaughn Sr., for 208 lots on 68.7 acres located south of Stockdale Highway, west of Alien Road. Notice of Completion and Acceptance of Work on: Resurfacing "L" Street, Contract No. 85-93, with Granite Construction, from Truxtun Avenue to 24th Street. Tract No. 4366, Contract No. 83-181, with Bakersfield Country Club Development, Ltd., located on the west side of Fairfax Road southerly of Freeway 178. "2800 Acre Groundwater Recharge Area - Earthwork Phase II", Contract No. 85-67, with Don D. Jones Construction. "Construction of Water Mainline of Carrier Canal near Truxtun Avenue and Quailridge Drive Phase II", Contract No. 85-50, with W. M. Ly]es Company. Bakersfield, California, August 28, 1985 Page 7 j. Applications for Encroachment Permit from: Mrs. Jody Altmiller, 6117 Medic Luna Avenue, Bakersfield, for the construction of a gate to close the open pedestrian easement connecting Medic Luna Avenue to College Avenue. Fe]iciano Hernandez, 2800 Occidental Street, Bakersfield, for construction of a decorative wrought iron and brick post fence along the side lot lines to the back of sidewalk at 2800 Occidental Street. Tony and Barbara Lomas, 1321 O'Neil Avenue, Bakersfield, for relocating a 6-foot wood fence to the back of sidewalk on Claire Street at 1321 O'Neil Avenue· Juan Carlow and Tammy Pulido, 2301 Clara, Bakersfield, for the construction of a 35-inch high retaining wall with 6-foot fence on top located behind the sidewalk on Dolfield Street at 2301 Clara Street. Delber E. Wong, 2416 W. Silverlake, Los Angeles, for the installation of new doors that will swing approximately 4-inches into the street right-of-way at 1221 18th Street. Plans and Specifications for construction street improvements on portions of "H" Street. of Agreement with Panama School District for pro- gram of planning and supervising recreational activities. me Agreement with Bakersfield City School District for program of planning and supervis- ing recreational activities. Agreements to provide recreational activities for the following: 1. Joan Richey Storytelling 2. Karen Reep Quiltmaking 3. Ken Deaton Care of Birds and Reptiles 4. Cai Hendrix Stained Glass-Intermediate 5. Mark Gunderson Photography 6. Leslie Miller Tap Dance Upon a motion by Councilman Rockoff, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, and n of the Consent Calendar, were approved by the following roll call vote: Ayes: Councilmen Childs, Christensen, Rockoff, Barton Noes: None Absent: None Dickerson, Moore, Ratty, ACTION ON BIDS Upon a motion by Councilman Barton, bid from Target Chemical Company, in the amount of $66,188.26, for Annual Contract, chemicals, insecticides/herbicides, was accepted and the Mayor was authorized to execute the contract. Bakersfie]d, California, August 28, 1985 - Page 8 ~!0~ Upon a motion by Councilman Barton, low bid from ~akersfie]d Neon Sign Company, in the amount of $5,848.00, for sign for the Airpark, was accepted and the other bid rejected. Upon a motion by Councilman Barton, all bids for Chester Avenue and Brundage Lane sewer replacement were rejected and the staff was directed to re-evaluate the project. Flashco, flashers, Upon a motion by Councilman Barton, low bid from Inc., in the amount of $4,536.80, for barricades and was accepted and all other bids rejected. Upon a motion by Councilman Christensen, 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 Western Information Systems, not to exceed the budgeted amount of $49,101.00. Upon a motion by Councilman Moore, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Muncipal Code, and the Finance Director was authorized to negotiate a price with Integrated Systems Group, (ISG), not to exceed the budgeted amount of $102,500.00. DEFERRED BUSINESS This is the time to consider action on written and oral testimony received at the Public Hearing held on July 10,1 985, regarding transit needs in the City of Bakersfield. This item was continued from and July 24, 1985, pending an agreement transit funding for KCEOC. the Meetings of July 10, between GET and KCEOC on Upon a motion by Councilman Moore, Resolution No. 120-85 of the Council fo the City of Bakersfield finding there are no unmet Public Transportation Needs which could be reasonably met, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Rockoff, Barton Noes: None Absent: None Dickerson, Moore, Ratty, Upon a motion by Councilman Moore, Resolution No. 121-85 of the Council of the City of Bakersfield authorizing the Filing of an Application with the Kern County Council of Governments for Allocation of Transportation Development Act Funds for Fiscal Year 1985-86, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Dickerson, Rockoff, Barton None None Moore, Ratty, Adoption of Resolution No. 122-85 of the Council of the City of Bakersfield estab- lishing procedures and requirements for the consideration of development agreements. This resolution was referred to the Urban Development Committee at the August 14, 1985 Council Meeting to allow the building and development community an opportunity to review it. A letter has been received from Building Industry Association of Kern County, 5405 Stockdale Highway, dated August 28, 1985, expressing their desire to work with the City to monitor the effectiveness of the procedure and recommends adoption by the Council. Bakersfie]d, California, August 28, 1985 Page 9 Upon a motion by Councilman Christensen, Resolution No. 122-85 of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Rockoff, Barton Noes: None Absent: None dickerson, Moore, Ratty, HEARINGS This is the time set for public hearing on Resolution of Intention No. 984 of the Council of the City of Bakersfield declaring its intention to establish Maintenance District No. 13 (Tevis), located on the southwest corner of Fraser Road and Old River Road. 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. Upon a motion by Councilman Childs, Resolution No. 123-85 of the Council of the City of Bakersfield establishing Maintenance District No. 13 and Confirming the Assessment (Resolution of Intention No. 984), was adopted by the following roll call vote: Ayes Noes Absent: Councilmen Childs, Rockoff, None None Christensen, Barton Dickerson, Moore, Ratty, This is the time set for public hearing before the Council to determine whether public necessity, health, safety or welfare require' formation of Underground Utility District No. 2, Division 9 and 10. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to sepak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Dickerson, Resolution No. No. 124-85 of the Council of the City of Bakersifeld, State of California, establishing Underground Utility District No. 2, Divisions 9 and 10, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Dickerson, Rockoff, Barton None None Moore, Ratty, This is the time set for public hearing regarding amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and Proposed Environmental Documents concerning the following general areas: SEGMENT The CITY OF BAKERSFIELD is proposing to change the Commercial designation for 11.9 acres to Industrial which is located east of Union Avenue, 530 feet north of White Lane. 20 ; Bakersfield, California, August 28, 1985 Page 10 SEGMENT II: ELMER F. KARPE (by A1 Wheelan) has applied to amend the land use desig- nation on approximately 0.77 acres from High Density Residential to Office located at the southwest cor- ner of Akers Road and Ardmore Avenue. SEGMENT III: The REGIONAL MORTGAGE CO. has applied to change the Low Density Residential designation for 1.79 acres to commercia] generally located at the northeast corner of Panama Lane and Castleford Street. SE~ENT VI: HARRIS ROAD GROUP has applied to change the Low Density residential (0.5 to 5.49 dwelling units per gross acre) designation for 6(I +/- acres to Industrial for property generally located south of Harris Road, west of Freeway 99 to Wible Road. SEGMENT VII: SHADOW RIDGE LTD. (by Wiley Hughes) has applied to amend the General Plan Land Use Element designation from Low Density Residential (0.5 to 5.49 dwelling units per acre) to Medium Density ResiOential (5.5 to 16.99 dwelling units per gross; acre) on 25.17 acres located on the north side of College Avenue, 800 feet east of Fairfax Road. SEGMENT VIII: The MORELAND CORPORATION has applied to change the Office designation for 3.0 acres to Commercial generally located at the southeast corner of Ming Avenue and New Stine Road. SEGMENT IX: The CITY OF BAKERSFIELD has applied to amend the land use designation on approximately 1.49 acres from Low Density Residential to Commercial for existing commercial uses IDeated on the south side of Stockdale Highway, from the east side of Curran Street easterly to 120 feet +/- east of Jones Street. The CITY OF BAKERSFIELD has also applied to amend the land designa- tion on approximately 0.91 acre from Low Density Residential to Office for an existing Commercial Office Use located on the north side of Highway 58, approximately 255 feet east of Real Road. The Planning Commission recommended approval of Negative Declarations, approval of Segments I, II, VI, and IX; and recom- mended approval of Segments III and VIII with conditions. The Planning Commission recommended approval of Negative Declaration and Zone Change with conditions for Segment VI; and recommended approval of Negative Declaration and denial of Segment VII and Zone Change No. 4311 for Segment VII; recommended approval of Negative Declaration, Segment IX and Pre-zoning upon Annexation for Curran No. 3. 2{]W Bakersfield, California, August 28, 1985 - Page 11 The Planning Commission recommended approval of Negative Declaration, Segment VIII and Zone Change 4312 with conditions. A letter has been received from S. W. Hair Cosntruction, Inc, dated August 27, 1985, proposing additional conditions for approval for the General Plan Amendment Segment VII. An appeal has been filed by KIM WOLD to the decision of the Planning Commission recommending approval of the zone change from an R-1 (One Family Dwelling) and an MH (~obile Home) Zones to M-1 (Light Manufacturing) Zone for Segment VI. An appeal has been filed by S. W. HAIR CONSTRUCTION, INC., to the decision of the Planning Commission recommending denial of the zone change from an R-2 (Limited Multiple-Family Dwelling) to a P.U.D. (Planned Unit Development) Zone for Segment VII. Mayor Payne declared the hearing open for public partici- pation on Segment I. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the pub- lic portion of Segment I. Mayor Payne declared the hearing open for public partic- ipation on Segment II. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the pub- lic portion of Segment II. Mayor Payne declared the hearing open for public partic- ipation on Segment III. No protests or objections being received, no one wishing to speak in favor, Mayor Payne closed the public portion of Segment III. Mayor Payne declared the hearing open for public partic- ipation on Segment VI. Teddy M. Buddy, 5600 Julie Street, spoke in opposition to Segment VI. Randy Zee, Quad Engineering, asked questions of the Council and proposed amendments to Segment VI. Sandra Campbell, 3813 Marga]o, spoke in oppostion to Segment VI. No further one wishing to speak tion of Segment VI. protests or objections being received, and no in favor, Mayor Payne closed the public pot- Mayor Payne declared the hearing open for public partic- ipation on Segment VII. Bob Shore, 3400 East View Court, spoke in support of S. W. Hair's proposal. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of Segment VII Mayor Payne declared the hearing open for public partic- ipation on Segment VIII. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the pub- ]ic portion of Segment VIII. Mayor Payne declared the hearing open for public partic- ipation on Segment IX. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the pub- lic portion of Segment IX. Bakersfield, California, August 28, 1985 - Page 12 2~ Upon a motion by Councilman Childs, Resolution No. 125-85 of the Council of the City of Bakersfield making Findings, Adopting Negative Declaration and Approving Segment I of Proposed Amendment to the land Use Element of the Bakersfield Metropolitan Area General Plan (land Use Amendemtn 2-85), was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Rockoff, Barton None None Dickerson, Moore, Ratty, Upon a motion by Councilman Dickerson, Resolution No. 126-85 of the Council of the City of Bakesfield making Findings, Adopting Negative Declaration and Approving Segment II of Proposed 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 Childs, Christensen, Rockoff, Barton Noes: None Absent: None Dickerson, Moore, Ratty, Upon a motion by Councilman Dickerson, Resolution No. 127-85 of the Council of the City of Bakersfield making Findings, Adopting Negative Declaration and Approving Segment III of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-85) with con- ditions, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Rockoft, Barton Noes: None Absent: None Dickerson, Moore, Ratty, Councilman Christensen made a motion making Findings, adopting Negative Declaration Segment VII. to adopt resolution and approving Councilman Rockoff made a substitute motion to adopt Resolution No. 128-85 of the Council of the City of Bakersfield making Findings, Adopting Negative Declaration and Approving Segment VII of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-85), with the 43 conditions recommended by staff to the Planning Commission, the conditions indicated in the letter from S.W. Hair Construction, Inc., dated August 27, 1985, as follows: Dewey Sceales: As per my discussion of 7-30-85 with Councilman Art Rockoff and Planner Jack Hardisty, I propose to include as additional conditions of approval of the amendment to the General Plan Amendment as follows: 1. Upon development of any units on Co]lege Avenue, I agree to pave approximately 320 lineal feet of asphalt for 4 lanes of Fairfax in Tract 4744. Additionally, I will install concrete curb and gutter on the east side of Fairfax in an amount equal to the paving requirement. 2. For any development of less than 1/3 of the overall development which occurs in Tract 4741 but does not require access from College Avenue, I wi]] pave 2 lanes of Fairfax Avenue to complete access from College north to Hwy. 178. Any development of over one third of this northern end of Tract 4741 will require 4 lanes of Fairfax to be paved as in condition number 1 above. 3. I agree to pay $25,000.00 towards development of the intersection of Hwy. 178 and Fairfax Road. These funds will be paid at the time of award of contrac~ for impro- Bakersifeld, California, August 28, 1985 - Page 13 vements or issuance of building permit in Tract 4741 in excess of 100 units, whichever is first. The money wi] be refunded to me if signal or improvement of intersec- tion is not constructed within 3 years of funding. 4. Improvements to College Avenue will be the same as conditions previously statd for General Plan Amendment. 5. Full dedication of Fairfax Road right away will be given. 6. I agree to restrict overall density of area to that requested in this amendment. Councilman Rockoff noted, and Mr. Hair concurred, that in Paragraph 3, the intent was, "that the award of the contract was for improvements to Highway 178 and Fairfax." In answer to a question by Councilman Rockoff, Planning Director Sceales stated that the road going north through the tract is covered in the map as Exhibit "A" or Revised Plan and will be labeled and placed in the file. Councilman Rockoff's motion to adopt Resolution No. 128-85 making findings, approving Negative Declaration and approving Segment VII, with the 43 conditions recommended by staff and the conditions as indicated in the letter from S.W. Hair Constrution Company, dated August 27, 1985, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Rockoff, Barton None None Dickerson, Moore, Ratty, Councilman Childs clarified his vote stating that there is a similarity in the procedure used by Councilman Rockoff for the General Plan Amendment, but not in the tactics. Councilman Dickerson stated that he voted for Sgement VII because the basic issue is the traffic light and safety. Upon a motion by Councilman Moore, Resolution No. 129-85 of the Council of the City of Bakersfield making Findings, Adopting Negative Declaration and Approving Segment VIII of Proposed 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 Childs, Christensen, Rockoff, Barton Noes: None Absent: None Dickerson, Moore, Ratty, Upon a motion by Councilman Moore, Resolution No. 130-85 of the Council of the City of Bakersfield making Findings, Adopting Negative Declaration and Approving Segment IX of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-85), was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Rockoff, Barton None None Dickerson, Moore, Ratty, Bakersfield, California, August 28, 1985 - Page 14 ~ ~ RECESS Upon request by Councilman Childs, the meeting was recessed at 11:20 p.m., and reconvened at 11:27 p.m. Randy Zee recommended three amendments: that no 2-story units would be developed or occur within 65 feet of any residen- tial areas; noises on the site would not exceed the ambient noise level; and a 100 foot open canal would be retained along the southern property line which would make mute the point of being 65 feet of the residential area. making Segment Councilman Childs made a motion to adopt a resolution findings, approving Negative Declaration and approving VI with conditions stated by Randy Zee. Upon a motion by Councilman Childs, the call for the question was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Rockoff, Barton None None Dickerson, Moore, Ratty, Councilman Childs' motion to adopt Resolution No. 131-85 of the Council of the City of Bakersfield making Findings, Adopting Negative Declaration and Approving Segment VI of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-85), with the conditions stated by Randy Zee, that no two story units would be developed or occur within 65 feet of any residential areas; noises on the site would not exceed the ambient noise level; and a 100-foot open canal would be retained along the southern property line, was approved by the following roll call vote: Ayes: Councilmen Childs, Christensen, Rockoff, Barton Noes: None Absent: None Dickerson, Moore, Ratty, This is the time set for public hearing before the Council on an appeal filed by Kim Wold to the decision of the Planning Commission recommending approval of the zone change from an R-1 (One Family Dwelling) and an MH (Mobile Home) Zones to M-1 (Light Manufacturing) Zone affect- ing that certain property in the City oF Bakersfield generally located south of Harris Road, west of Freeway 99 to Wible Road. A letter has been received from Clyde L. Barbeau, Harris Road Group, dated August 26, 1985, requesting an extension of this public hearing to October 16, 1985, in order that additional condi- tions to the zoning may be clarified. Mayor Payne declared the hearing open for public par- ticipation. Sandra Campbell, 3813 Margalo, stated that she would defer her statements until the meeting of October 16, 1985. Upon a motion by Councilman Barton, the public hearing on an appeal by Kim Wold to the decision of the Planning Commission recommending approval of the zone change affecting cer- tain property located south of Harris Road, west of Freeway 99 to Wible Road, was continued to the Council Meeting of October 16, 1985. Bakersfield, California, August 28, 1985 Page 15 This is the time set for public hearing before the Council on an appeal filed by S. W. Hair Construction, Inc., to the decision of the Planning Commission recom- mending denial of the zone change from an R-2 (Limited Multiple-Family Dwelling) to a P.U.D. (Planned Unit Development) Zone affecting that certain property in the City of Bakersfield generally located on the north side of College Avenue, 800 feet east of Fairfax Road. 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. Councilman Rockoff made a motion to incorporate every- thing discussed on General Plan Amendment Segment VII into this hearing, and to make the zoning consistent with the General Plan Amendment Segment VII. This motion was approved by the following roll call vote: Ayes: Councilmen Childs, Christensen, Rockoff, Barton Noes: None Absent: None Dickerson, Moore, Ratty, NEW BUSINESS Adoption of Emergency Ordinance No. 2992 New Series of the Council of the City of Bakersfield levying upon the full taxable value of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo Annexation, a percentage rate of taxation upon each dollar of valu- ation for the Fiscal Year beginning July 1, 1985 and ending June 30, 1985. Upon a motion by Councilman Christensen, Emergency Ordinance No. 2922 New Series of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Rockoff, Barton None None Dickerson, Moore, Ratty, First reading of an Ordinance of the council of the C~ty of Bakersfield amend- ing Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning Ordinance of those certain proper- ties in the City of Bakersfield located at the southeast corner of Ming Avenue and New Stine Road; and making findings in connection with a P.C.D. Zone. First reading of an Ordinance of the Council of the City of Bakersfield amend- ing Section 17.06.020 of Chapter 16.06 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding Prezoning of property known as Curran #3 Annexation. Bakersfield, California, August 28, 1985 - Page 16 ~l~ Adoption of Resolution No. 132-85 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. 304, LAFCO Proceeding No. 882 (PACHECO NO. 10). Upon a motion by Councilman Barton, Resolution No. 132-85 of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Rockoff, Barton Noes: None Absent: None Dickerson, Moore, Ratty, Adoption of Resolution No. 133-85 of the City Council of the City of Bakersfield approving the filing of applications for State Park Funds. Upon a motion by Councilman Barton, Resolution No. 133-85 of the Council of the City of Bakersfield, was adopted by the fol- lowing roll call vote: Ayes: Councilmen Noes: None Absent: None Childs, Christensen, Rockoff, Barton Dickerson, Moore, Ratty, Adoption of Resolution of Intention No. 989 of the Council of the City of Bakersfield calling a public hearing to determine whether public necessity, health, safety or welfare require forma- tion of Underground Utility District 2, Division 11. Upon a motion by Councilman Christensen, Resolution of Intention No. 989 of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Rockoff, Barton None None Dickerson, Moore, Ratty, Adoption of Resolution of Intention No. 990 of the Council of the City of Bakersfield calling a public hearing to determine whether public necessity, health, safety or welfare require forma- tion of Underground Utility District 2, Division 12. Upon a motion by Councilman Barton, Resolution of Intention No. 990 of the Council of the City of Bakersfield, adopted by the following roll call vote: was Ayes: Councilmen Childs, Christensen, Rockoft, Barton Noes: None Absent: None Dickerson, Moore, Ratty, Property Lease Agreement with Warner Amex Cable. Upon a motion by Councilman Barton, Property Lease Agreement with Warner Amex Cable wax approved, and the Mayor authorized to execute the contract. was Bakersfield, California, August 28, 1985 - Page 17 Agreement between the City of Bakersfield and Pacific Gas and Electric Company for the relocation of power poles on Ming Avenue between Wible Road and Castro Lane. Upon a motion by Councilman Childs, agreement with Pacific Gas and Electric for the relocation of power poles on Ming Avenue between Wible Road and Castro Lane, was approved and the Mayor was authorized to execute the contract. Bikeway Systems Master Plan for the City of Bakersfield. Upon a motion by Councilman Rockoff, the Bikeway Systems Master Plan was referred to the Urban Development Committee. Revised Bakersfield Airpark Airport Layout Plan (ALP). Upon a motion by Councilman Barton, the Revised Bakersfield Airpark Airport Layout Plan was adopted. Adoption of Resolution No. the Council of the City of declaring September, 1985, Seat Bealt Awareness Month. 134-85 of Bakersfield as Community Upon a motion by Councilman Barton, Resolution No. 134-85 of the Council of the City of Bakersfield, was adopted the following roll call vote: by Ayes: Noes: Absent: Councilmen Childs, Christensen, Rockoff, Barton None None Dickerson, Moore, Ratty, CLOSED SESSION Upon a motion by Councilman Christensen, the Council recessed to a Closed Session at 11:40 p.m, for the purpose of dis- cussing possible litigation. The regular meeting was reconvened at 12:02 a.m. ADJOURNMENT There being no further business to come Council, upon a motion by Councilman Christensen, adjourned to September 11, 1985 at 6:00 p.m. before the the meeting was [VIAYOR of the City of Ba~'ersfield, ATTES'F: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Calif. CW:rg Bakersfield, California, September 11, 1985 Minutes of the adjourned meeting of August 28, 1985, of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hal! at 6:00 p.m., September ll, 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 PRESENTATION BY FINALISTS FOR CONSULTANT FOR BAKERSFIELD METROPOLITAN AREA GENERAL PLAN UPDATE. Deputy City Manager Strenn reported on the Bakersfield Metropolitan Area General Plan Update and stated staff's recommen- dation was Sedway Cooke Associates as first choice and Envicom as the second choice. Paul Sedway, Principal of Sedway Cooke Associates, 350 Pacific Avenue, San Francisco, gave a presentation on how the Bakersfield Metropolitan Area General Plan Update would be pre- pared by Sedway Cooke Associates. Michael Fisher, Project Manager, Associates, discussed the planning process Update. Sedway Cooke for the Genera] Plan Jay Natelson, President of Natelson Lavander Whitney, 10960 Wilshire Blvd., Los Angeles, provided information on the economic and marketing analysis for the General Plan Update. Dan Iacofano, of Iacofano Moore Goltsman, Berk]ey, California, spoke regarding the effort to provide for citizen par- ticipation for the community's needs, goals and values in the General Plan Update. Councilman Childs made a motion to allow Envicom Corporation to make their presentation regarding the General Plan Update. This motion was approved by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Noes: Councilmen Christensen, Dickerson Absent: None Barton, Childs Woody Tescher, of Envicom Corporation, gave a presenta- tion on their proposal for the preparation of the Bakersfield Metropolitan Area General Plan Update. Bob Scales, representing Barton-Aschman Associates, spoke regarding the circulation and transportation needs for General Plan Update. the Bob Wilcox, Economic Research Associates, made a pres- entation on the economic aspects of the General Plan Update. The selection of a consultant for the preparation of the Bakersfield Metropolitan Area General Plan Update was held over to the regular meeting of September 11, 1985, for further discussion. Bakersfield, California, September 11, 1985 Page 2 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 7:02 p.m., with Councilman Dickerson abstaining. MAYOR of the City of Bakersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, Calii'ornia Calif. CW:rg Bakersfield, California, September 11, 1985 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Bail at 7:02 p.m., September 11, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Albert Schneipp, First United Methodist Church. The City Clerk ca]led the roll as follows: Present: Mayor Payne. Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Chillds, Christensen Absent: None Councilman Barton made a motion to deviate from the agenda to hear the consultants for the Bakersfield Metropolitan Area General Plan Update. This motion was approved by the follow- ing roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Moore, Ratty, Childs, None Councilman Christensen Rockoff, Barton, CONTINUED PRESENTATION BY FINALISTS FOR CONSULTANT FOR BAKERSFIELD METROPOLITAN AREA GENERAL PLAN UPDATE Envicom Corporation continued with their presentation froin the adjourned meeting of September 11, 1985. RECESS Upon a motion by Councilman Childs, the meeting was recessed at 7:50 p.m., and reconvened at 8:00 p.m. Sedway Cooke Associates answered questions by the Council. Councilman Ratty made a motion to approve Sedway Cooke and Associates as Consultant for the Bakersfield Metropolitan Area General Plan Update. Councilman Childs made a substitute motion to delay the decision of selecting a consultant for the General Plan Update until September 25, 1985. Councilman Childs amended the substitute motion to delay the decision of selecting a consultant for the General Plan Update until the end of tonight's agenda. Upon a motion by Councilman Moore, the call for the question was defeated by the following roll call vote: Ayes: Councilman Ratty Noes: Councilmen Dickerson, Moore, Rockoff, Christensen None Absent: Barton, Childs, Councilman Childs' amended substitute motion, to delay the decision of selecting a consultant for the General Plan Update until the end of tonight's agenda, was approved with Councilman Christensen voting no. Councilman Christensen clarified his vote stating he didn't think the Council should put the item at the ena of the agenda hoping the crowd would be gone. Bakersfield, Ca]ifornia, September 11, 1985 Page 2 MINUTES Upon a motion by Councilman Childs, the Minutes of the regular meeting of June 12, 1985, were approved as corrected. SCHEDULED PUBLIC STATEMENTS Bob O'Rand, 207 Fishering Drive, Chairman of Bakersfield Firefighters Legislative Group, spoke regarding the Joint Powers Agreement. RECESS Councilman Christensen made a motion to recess the meet- ing for twenty minutes. This motion was defeated with Councilman Christensen voting aye. Upon a motion by Councilman Barton, the meeting was recessed at 9:05 p.m., and reconvened at 9:15 p.m. Councilman Childs made a motion that Councilman Christensen's item, reprimanding Councilman Rockoff, would placed on the agenda after Correspondence. This motion was mously approved. be unani- John Tobish, of Tobish and Taylor spoke regarding his concern of the bidding Citizen Center Office Construction. Construction Company, procedure for the Senior Charles Nickle, stated that the post bid Office Construction were Associated Builders and Contractors, procedures for the Senior Citizen Center handled unprofessionally. CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from W.A. Griffin and David L. Fraysher, dated August 20, 1985, requesting annexation of approximately 114 acres of land along Freeway 58 and Mr. Vernon Avenue, was received and referred to the Planning Department. Upon a motion by Councilman Childs, communication from Alta Engineering Hughes Surveying, 218 South "H" Street, dated August 21, 1985, requesting abandonment of 4th Street from "H" Street east to Palm Street; that the Council declare as surplus the parcel located on the southeast corner of 4th and "H" Streets; and allow the adjoining owner exclusive rights to purchase the parcel, was received and referred to the Public Works Department. Upon a motion by Councilman Christensen, communication from Southern California Edison Company, P.O. Box 410, Long Beach, California, dated August 29, 1985, regarding Tentative Parcel Map No. 7709 interfering with their rights within the map boundary, was received and referred to the Planning Department. Upon a motion by Councilman Ratty, communication from Clarence R. Kastner, 6024 Eugene Place, dated July 19, 1985, requesting annexation of property located east of Coffee Road, between Brimhall Road and Truxtun Avenue, was received and referred to the Planning Department. Councilman Moore made a motion to designate Vice-Mayor Barton as the delegate for the League of California Cities Annual Conference, to be held in San Francisco, from October 6-9, 1985. Councilman Christensen read a memorandum dated September 1985, stating that as a result of inappropriate actions by Councilman Rockoff, to negotiate special improvements from a devel- oper without advice and consent of the Council, which he feels is in violation of previous stated Council policy, he wou][d make a motion for a vote of censure. Bakersfield, California, September 11, 1985 - Page 3 Councilman Christensen made a motion for a vote of cen- sure to be given Councilman Art Rockoff. Councilman Rockoff read a prepared statement regarding Zone Change Request of Stephen Hair (Shadow Ridge Limited), denied by the Planning Commission on June 20, 1985. He stated at no time did he indicate to the developer that his zone change would either be approved or disapproved, nor did he indicate he had the author- ity to see that the zone change would be approved or dl~sapproved, he failed to mitigate the impact identified by the Planning Commission. He did indicate to the developer that he could sup- port a zone change in Ward Three that provided for legally per- missible mitigation measures. He believed these actions to be consistent with the policy of the City of Bakersfield and the laws of the State of California. Upon a motion by Councilman Moore, the call for the question was approved, with Councilman Dickerson voting no. Councilman Christensen's motion to reprimand Councilman Rockoff was defeated by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilman Christensen Councilmen Moore, Ratty, Rockoff, None Councilman Dickerson Barton, Childs Councilman Childs stated his reason for voting no was that because wards do not have certain items, it should not be a criteria for this type of action. COUNCIL STATEMENTS Councilman Christensen made a motion to remove the rep- rimand placed on Councilman Dickerson. Upon a motion by Councilman Childs, the call for the question was approved. Councilman Cbr~stensen's motion to placed on Councilman Dickerson was defeated call vote: remove the reprimand by the following roll Ayes: Councilman Christensen Noes: Councilmen Ratty, Rockoff, Barton, Absent: None Abstaining: Councilman Dickerson, Moore Childs Councilman Christensen stated that a soup kitchen is being proposed for 19th Street and is concerned it may have a down-grading affect on that area. Upon a motion by Councilman Christensen, the modifica- tion of parking limits at the Library and County Administrative Building from 36 minutes to two hours was referred to the Urban Development Committee for a report back to the Council. Councilman Dickerson stated his concern that the Council had no facts in the case of his censure and in the effort to cen- sure Councilman Rockoff. He suggested that the Council renounce the theme of censure from this date forward because it is unconstructive. He stated that there should be a policy for the development community in order that they would know how to deal ~ith the Council. Upon a motion by Councilman Ratty, the issue df outages and improved service with Warner Cable T.V. and its franchise, was referred to the Budget and Finance Committee. Bakersfield, California, September 11, 1985 - Page 4 Upon a motion by Councilman Ratty, the issue of tile Redevelopment Agency being put back into the hands of a private of citizens, was referred to the Urban Development Committee by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Barton, Noes: Councilmen Dickerson, Childs, Christensen Absent: None Councilman Dickerson qualified his vote by stating that staff should provide a report and that it should not be a closed committee meeting. Councilman Christensen qualified his vote stoating that after the committee brings back a report, it takes a long time to reach a vote, because the other Councilmen would like to have the same information the Committee received. Councilman Childs qualified his vote stating that three Councilmen will be making the decision and bringing it back to the Council. Upon a motion by Councilman Barton, a resolution sup- porting AB 514, was considered by the Council. Adoption of Resolution 135-85 of the Council of the City of Bakersfield sup- porting AB 514 (Enterprise Zone). Upon a motion by Councilman Barton, Resolution No. 135-85 of the Council of the City of Bakersfield, was adopted the following roll call vote: by Ayes: Councilmen Dickerson, Moore, Ratty, Childs, Christensen Noes: None Absent: None Rockoff, Barton, Councilman Childs made a motion to reconsider the motion of referring the issue of the Redevelopment Agency to the Urban Development Committee. This motion was unanimously approved. Councilman Childs made a motion to refer the matter of the Redevelopment Agency being put back into the hands of a pri- vate body of c~tlzens to the Auditorium and Community Services Committee. This motion was defeated by the following roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Childs, Christensen Councilmen Moore, Ratty, Rockoff, Barton None The original motion by Councilman Ratty to refer the issue of the Redevelopment Agency being put back into the hands of a private body of citizens to the Urban Development Committee, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Moore, Ratty, Rockoff, Barton Councilmen Dickerson, Childs, Christensen None REPORTS Councilman Christensen read Report No. 5-85 from the Auditorium and Community Service Committee regarding DBA request Formally Inviting Johnny Carson to serve as Grand Marshal for the 1985 Christmas Parade (Majority Report), as follows: Last week the Downtown Business Association requested the City Council to formally invite Johnny Carson to serve as the Grand Marshal for this year's Christmas body Bakersfield, California, September 11, 1985 - Page 5 ~''~ Parade. This matter was referred to the Auditorium and Community Services Committee for reveiw and recommenda- tion back to the Council. After considerable discussion on this request, we would recommend that the Mayor send the following letter to Ms. Cathy Butler, Executive Vice President of the Downtown Business Association: Dear Ms. Butler: On behalf of the Bakersfield City Council, I would like to thank you for your request to formally invite Johnny Carson to serve as Grand Marshal in the 1985 Bakersfield Christmas Parade. The Council appreciates the opportunity to extend this invitation. However, since this is a DBA function, we feel your organization should have this honor. The Council is aisc requesting that your parade committee give consideration to bestowing the Grand Marshal honor on one of many local individuals who have contributed so much to our great community. In doing so, the true theme of Christmas--sharing and giving--would be carried out. Thank you again, and good luck with the 1985 Christmas Parade. Upon a motion by Councilman Christensen Report No. 5-85 from the Auditorium and Community Services Committee, regarding DBA request formally inviting Johnny Carson to serve as Grand Marsha] for the 1985 Christmas Parade (Majority Report), was accepted and the recommendation that the Mayor send the letter as stated in the report to Cathy Butler, was approved by the following roll ca]] vote: Ayes: Noes: Absent: Abstaining: Councilmen Moore, Ratty, Barton, Christensen Councilmen Rockoff, Childs None Councilman Dickerson Councilman Childs read Report No. 6-85 from the Auditorium and Community Services Committee, regarding DBA Request Formally Inviting Johnny Carson to Serve as Grand Marshal for the 1985 Christmas Parade (Minority Report), as follows: Last week the Downtown Business Association requested the City Council formally invite Johnny Carson to serve as the Grand Marshal for this year's Christmas Parade. This matter was referred to the Auditorium arid Community Services Committee for review and recommendafion back to the Council. After considerable discussion on this request, we would recommend that the Mayor send the following letter to Ms. Cathy Butler, Executive Vice President of the Downtown Business Association: Der Ms. Butler: On behalf of the Bakersfield City Council, I would like to thank you for your request to formally invite Johnny Carson to serve as Grand Marshal in the 1985 Bakersfield Christmas Parade. However, due to previous negative remarks about Bakersfield by Mr. Carson, we do not feel that he should be afforded the honor of being Grand Marshal of the Christmas Parade in the City of Bakersfield. We would Bakersfield, California, September 11, 1985 - Page 6 further recommend to the Council that in some manner Mr. Carson be informed of our displeasure in his use of Bakersfield as the butt of his jokes. Thank you again, and good luck with the 1985 Christmas Parade. Upon a motion by Councilman Childs, Report No. 6-85 from the Auditorium and Community Services Committee, regarding DBA request formally inviting Johnny Carson to serve as Grand Marshal for the 1985 Christmas Parade (Minority Report), was accepted. Upon a motion by Councilman Childs, implementation of the recommendation to send the letter as stated within the report to Cathy Butler, was defeated with Councilman Childs voting aye. Councilman Barton, Chairman of the Urban Development Committee, read Report No. 16-85 regarding Downtown Improvement District Assessment Classification, as follows: This committee met on August 27, 1985 to discuss a pro- test by Lynn Greenlee, owner of Lynn's Inner Dimensions, over her Downtown Improvement District (DID) classifica- tion for assessment. Staff research of the business confirmed that the busi- ness was listed as an interior decorator; however, the type of work being done would more appropriately be classified under draperies. The staff has clarified this with Mrs. Greenlee, and she appears to 13e satisfied with the assessment. Upon a motion by Councilman Barton, Report No. 16-85 from the Urban Development Committee, regarding Downtown Improvement District Assessment Classification, was accepted. Councilman Barton, Chairman of the Urban Development Committee, read Report No. 17-85, regarding City Wide Cleanup Program, as follows: At the Council meeting of August 28, 1985, the matter of a "City Wide Cleanup Program" was referred to the Urban Development Committee to consider and make recommenda- tions back to the Council. It has been a number of years since the City of Bakersfield has conducted a "City Wide Cleanup Prograin" and over that period many residents have accumulated waste materials, such as discarded appliance:~, scrap ]umber, used furniture, and other "bulky" items that are not part of the regular collection service provided by the City. There are also many abandoned vehicles throughout the City which need to be removed. Because many of our residents do not have the means of disposing of these items and their accumulation can gener- ate a negative impact on the neighborhood and our City, this committee recommends the authorization of the Community Services Department to conduct a "City Wide Cleanup Program." We have met with staff and they have indrcated such a program could be conducted between October 7, 1985 and October 25, 1985. The project would require the transfer of $20,000 from the Council Contingency Fund to cover the cost of additional over- time, temporary salaries, equipment and materials costs. We also met with the San Joaquin Valley Auto dismantlers Association and the California Tow Truck Association, who have agreed to coordinate the removal of abandoned vehicles as part of this program at no cost to the City. Bakersfield, California, September 11, 1985 - Page 7 ~ It is the recommendation of this committee to authorize the Community Services Department to conduct a "City Wide Cleanup Program" beginning October 7, 1985, trans- fer $20,000 from the Council Contingency Fund to the Sanitation Division of the Community Services Department to cover the cost of the project, and that the results of the program be evaluated by this committee to deter- mine the value of regular programs in the future. Upon a motion by Councilman Barton, Report No. 17-85 from the Urban Development Committee regarding City Wide Cleanup Program, was accepted and the recommendations, authorizing Community Services Department to conduct a "City Wide Cleanup Program" beginning October 7, 1985; transfer $20,000 from the Council Contingency Fund to the Sanitation Division of the Community Serv- ices Department to cover the cost of the project; and fhat the results of the program be evaluated by this committee to determine the value of regular programs in the future, were approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claims Nos. 879 to 1124 inclusive, in the amount of $1,160,483.78. Claim for Damages from Brian Robinson, 333 Rosalee, Shafter, Califoroia. (Refer to City Attorney) Claim for Damages 5801 Ming Avenue, to City Attorney). from Rosemary Ann Frank, 19-A, Bakersfield. (Refer d. Claim for Damages from Arlene King, 1412 Lake Street, Apartment A, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Fred Wofford, c/o Greg Mrakich, Law Offices of Donald Kottler, 3921 Wilshire Boulevard, Los Angeles, California. (Refer to City Attorney) Application to Present Late C]ai~n from Linda Bonaventura, c/o Chain, Younger, Lemucchi, Noriega, Cohn, Stiles & Rodriguez, 1128 Truxtun Avenue, Bakersfield. (Refer to City Attorney) g. Notice of Completion and Acceptance of Work on: Installation of Impact Attenuators on Truxtun Avenue Bridge, Contract No. 85-116, with W. Moore Construction, at Union Avenue. Street improvements, Contract No. 85-62, with Griffith Company, located on Wible Road near Pacheco Road. Restroom Remodel Fire Station No. 2, Contract No. 85-104, with Pipe ~k De Vries, Inc. dba Omega Construction. Resurfacing Niles Street, Contract No. 85-106, with Granite Construction, from Baker Street to Union Avenue. Traffic Signal Modifications, Contract No. 85-85, with A.C. Electric, located on Wible at Wilson Road. 22',, Bakersf me ield, California, September 11, 1985 - Page 8 Resurfacing Beale Avenue, Contract No. 85-105, with Granite Construction, from Monterey Street to Pearl Street. Rehabilitation of a 54-inch Storm Drain, Contract No. 85-129, with Pacific Pipeline, on 21st Street between Westwind Drive and Oak Street. Tract 4581, Contract No. Construction, located at LaCosta Street. 84-238, with Community University Avenue and Application for Encroachment Permit from 18th Street Partners, 301 "H" Street, Bakersfield, for the con- struction of five planter boxes adjacent to the build- ing, three tree wells with irrigation system and brick paving in the sidewalk at 1520 18th Street. Plans and Specifications System on Truxtun Avenue Yard entrance. for Traffic Slgna] at City Corporation Contract Change Order No. 1 to Contract No. 85-104 with Omega Construction for Restroom Remodel at Fire Station No. 2. This Change Order is necessary because it provides for additional room lighting and shower modifications requested by the Fire Department. Dedication of Property: Dedication of additional right-of-way, from Bakersfield Pentecostal Church of Jesus Christ to the City of Bakersfield, at the northeast corner of Northrup and East Third Streets, Dedication of additional right-of-way, from John Margaret Antoninc to the City of Bakersfield, at the northeast corner of Pierce Road and Gilmore Avenue. and Offer of dedication from Atlantic Richfield to the City of Bakersfield for a portion of Nacho Street· Resolution of Intention No. 991 of the Council of the City of Bakersfield declaring its inten- tion to order the vacation of 20 feet of the right-of-way on the west side of Pierce Road between Brittan Road and Orin Way in the City of Bakersfield, and setting October 16, 1985 for hearing on the matter before the Council· Resolution of Intention No. 992 of the Council of the City of Bakersfield declaring its intention to order the vacation of the alley within Block 352 between "K" Street and "L" Street in the City of Bakersfield, and setting October 16, 1985, for hearing on the matter before the Council. Agreements to provide recreational activities for the following: 1. Teaching pre-school children to read. 2. Learning to read music. Bakersfield, California, September 11, 1985 Page 9 Upon a motion by Councilman Rockoff, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, and n, of the Consent Calendar, were approved by the following roll call vote: Ayes: Councilmen Moore, Ratty, Christensen Noes: None Absent: Councilmen Dickerson Rockoff, Barton, Childs, ACTION ON BIDS Upon a motion by Councilman Barton, low bid from Motorola, in the amount of $317,289.67, for Emergency Communications Dispatching Consoles, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid from Surveyors Service Company, in the amount of $10,843.27, for Surveying Equipment, was accepted and the other bid rejected. Upon a motion by Councilman Childs, the bids for the Senior Citizen Center Office Construction, were rejected; staff was authorized to re-evaluate the project and readvertise the project for completion; and report back to Council prior to the submission of a new recommendation for the bid. Upon a motion by Councilman Ratty, low bid from Granite Construction Company, in the amount of $40,052.00, for Edgemont Drive Resurfacing, Halfmoon Drive to Wilson Road, was accepted, the other bid rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Dickerson, low bid from Griffith Company, in the amount of $495,244.00, for Improvements on Ming ,~venue between Wible Road and Hughes Lane and Wible Road between Wilson Road and Ming Avenue, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, low bid from American Fence Company, in the amount of $77,195.00, for Fencing of East Reservoirs at Wastewater Treatment Plant No. 2, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid from Bear Sales and Service, in the amount of $4,596.69, for' Brake Service System, was accepted and all other bids rejected. Upon a motion by Councilman Dickerson, 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 Advanced Training Systems purchase a Target System for the Police Pistol Range. to DEFERRED BUSINESS Adoption of Ordinance No. 2993 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning Ordinance of those certain properties in the City of Bakersfield located at the southeast cor- ner of Ming Avenue and New Stine Road; and making findings in connection with ~ P.C.D. Zone. Bakersfield, California, September 11, 1985 Page 10 This ordinance was given first reading at the meeting of August 28, 1985. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2993 New Series of the Council of the City of Bakersfield finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Noes: None Absent: None Dickerson, Moore, Ratty, Childs, Christensen Rockoff, Barton, Adoption of Ordinance No. 2994 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 Curran No. 3 Annexation. This ordinance was given first reading at the meeting of August 28, 1985. Upon a motion by Councilman Childs, Negative Declaration and Ordinance No. 2994 New Series of the Council of the City of Bakersfield finding said zoning consistent with the Genera] Plan, were adopted by the following roll call vote: Ayes: Councilmen Noes: None Absent: None Dickerson, Moore, Ratty, Childs, Christensen Rockoff, Barton, HEARINGS This is the time set for public hearing before the Council on an Appeal by Bakersfield Community Hospital to the decision of the Board of Zoning Adjustment denying their application for a Conditional Use Permit to allow Phase 1 of a three-phase, three-story hospital in a P.U.D. (Planned Unit Development) Zone, on that certain property located at 200 Coffee Road. Communication has been received Community Hospital, 901 Olive Drive, dated drawing their appeal, therefore this issue from Bakersfield September 4, 1985 with- was not heard. This is the time set for public hearing on Resolution of Intention No. 986 of the Council of the City of Bakersfield declaring its intention to establish Maintenance District No. 14 (Akers and Barris), generally bounded by Pacheco Road on the North, Wlble Road on the east, north line of Arvin-Edison Canal on the south, and Stine Road on the west. A letter has been received from Property Management Dept., County of Kern, dated September 9, 1985, stating that if the two drainage detention basins maintained by the County and located within Maintenance District No. 14 are not excluded from assessments levied, then they object to the proposed assessment and request County property be excluded from the proposed Maintenance District. Mayor Payne declared the hearing open for public par- ticipation. Bakersfield, California, September ll, 1985 Page 11 ~; Earl Keefer, 5608 Julie Street spoke regarding notices received from the City. Jim Marino, 4424 Sugar Cane, stated that the notice should be readvertised for clarification. Gary Hiner, 4508 Harris Road, spoke in opposition to the park. Sandra Campbell, 3813 Margalo Avenue, read a memo from property owners in the area. She submitted signatures of individ- uals who signed in support of the park but now want limitations. No further protests or objections, and no one else wish- ing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Dickerson, Sandra Campbell was allowed to address the Council. Councilman Dickerson made a motion to defer the hearing on Resolution of Intention No. 986 establishing Maintenance District No. 14, to September 25, 1985. RECESS Upon a request by Councilman Dickerson, the meeting was adjourned at 11:10 p.m., and reconvened at 11:15 p.m. Councilman Dickerson's the Resolution of Intention No. District No. 14 to September 25, ing roll call vote: motion to defer the hearing on 986 establishing Maintenance 1985, was approved by the follow- Ayes: Councilmen Dickerson, Moore, Ratty, Childs, Christensen Noes: None Absent: None Rockoff, Barton, This is the time set for public hearing on Resolution of Intention No. 987 of the Council of the City of Bakersfield declaring its intention to order the vacation of five feet of the alley located at the northwest corner of Panama Lane and South "H" Street in the City of Bakersfield. The property notice was not posted in sufficient time for the hearing, and it is, therefore, recommended this hearing be continued to September 25, 1985. Upon a motion by Councilman Barton, the hearing on Resolution of Intention No. 987 ordering the vacation of five feet of the alley located at the northwest corner of Panama Lane and South "H" Street, was continued to September 25, 1985 by the fol- lowing roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Moore, Ratty, Rockoff, Childs, Christensen None None Barton, NEW BUSINESS Adoption of Resolution No. 136-85 of the Council of the City of Bakersfield pro- posing proceedings for annexation of ter- ritory to the City of Bakersfield identified as Annexation No. 305 (CURRAN NO. 3). Bakersfield, California, September 11, 1985 Page 12 Upon a motion by Councilman Childs, Resolution No. 136-85 of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Childs, Christensen Noes: None Absent: None Rockoff, Barton, Oil and Gas Lease between City of Bakersfield and Union Oil Company Upon a motion Agreement with Union Oil Mayor was authorized to by Councilman Ratty, Oil and Gas Lease Company was unanimously approved and the execute the contract. Request for Use of Street Permit from Grant-Norpac Inc. to perform geophysical surveys along City streets and City-owned property. Councilman Christensen made a motion to approve the request for Use of Street Permit from Grant-Norpac Inc., to per- form geophysical surveys along City streets and City-owned pro- perty. Councilman Dickerson made a substitute motion to approve the request for Use of Street Permit from Grant-Norpac Inc., and direct staff to review whether the fees are in line with other cities' fees. This motion was unanimously approved. CONTINUED PRESENTATION BY FINALISTS FOR CONSULTANT FOR BAKERSFIELD METROPOLITAN AREA GENERAL PLAN UPDATE Councilman Ratty's motion to approve Sedway Cooke and Associates as consultant for the Bakersfield Metropolitan Area General Plan Update, was on the Council floor at the time Council voted to delay this issue until the end of the agenda. Councilman Childs made a substitute motion to table the decision of selecting a consultant [or the Bakersfield Metropolitan Area General Plan Update until September 25, 1985. Upon a motion by Councilman Christensen, the call for the question was defeated, with Councilman Dickerson voting aye. Councilman Childs' substitute motion to table the deci- sion of selecting a consultant for the Bakersfield Metropolitan Area General Plan Update, until September 25, 1985, was defeated by the following roll call vote: Ayes: Councilmen Dickerson, Childs, Christensen Noes: Councilmen Moore, Ratty, Rockoff, Barton, Absent: None Councilman Ratty's motion, to approve Sedway Cooke Associates as consultant for the Bakersfield Metropolitan Area General Plan Update, was defeated by the following roll[ call vote: Ayes: Councilmen Moore, Ratty, Noes: Councilmen Rockoff, Barton, Abstain: Councilman Dickerson Childs, Christensen Councilman Barton made a motion to enter into negotia- tions with Envicom Corporation as consultant for the Bnkersfie]d Metropolitan Area General Plan Update. This motion was defeated by the following roll call vote: Ayes: Councilmen Moore, Rockoff, Barton, Noes: Councilmen Dickerson, Ratty, Childs, Absent: None Chr i s t ensen Bakersfield, California, September 11, 1985 - Page 13 ~2~ Councilman Childs made a motion to reconsider the pre- vious motion to table the decision of consultant for the General Plan Update until September 25, 1985. This motion was defeated by the following roll call vote: Ayes: Councilmen Childs, Christensen Noes: Councilmen Moore, Ratty, Rockoff, Absent: Councilman Dickerson Barton, Councilman Dickerson made a motion to reconsider the motion awarding the contract to Sedway Cooke and Associations as consultant for the General Plan Update. The motion was defeated by the following roll call vote: Ayes: Councilmen Noes: Councilmen Absent: None Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Councilman Moore made a motion to reconsider the motion awarding the contract to Envicom Corporation as consultant for the General Plan Update. Councilman Childs made a substitute motion to the motion to reconsider and not vote on the reconsideration but defer it until the specially called meeting of September 24, 1985, at 7:00 p.m. Upon a motion by Councilman Christensen, the call for the question was unanimously approved. Councilman Childs' substitute motion to the motion to reconsider and not vote on the reconsideration but defer it until a special meeting of September 24, 1985 at 7:00 p.m., was defeated by the following roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Childs, Christensen Councilmen Moore, Ratty, Rockoff, Barton, None Councilman Moore's motion to reconsider the motion awarding the contract to Envicom Corporation as consultant for the General Plan Update was approved with Councilman Dickerson voting no. Councilman Dickerson made a motion to adjourn the meet- ing, which was defeated by the following roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Childs, Christensen Councilmen Moore, Ratty, Rockoff, Barton, None Councilman Moore made a motion to approve Envicom Corporation as consultants for the Bakersfield Metropolitan Area General Plan Update. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Dickerson, Moore, Christensen Councilman Childs None Ratty, Rockoff, Barton, Councilman Childs stated that his reason was because if the Councilmembers wanted additional the issue, it should have been granted. for voting no time to study Bakersfield, California, September 11, 1985 - Page 14 ADJOURNMENT There being no further business to Council, upon a motion by Councilman Moore, adjourned at 12:00 a.m. come before the the meeting was MAYOR of the City of B~kersfield, ATTEST: CITY CLERK and Ex Officio Clerk or' the Council ol' the C~ty of Bakersfield, California Calif. CW:rg Bakersfield, California, September 25, 1985 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., September 25, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Carolyn E. Tyler, Cain Memorial African Methodist Episcopal Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Moore, Ratty, Rockoff, Barton, Childs, Christensen, Dickerson Absent: None MINUTES Councilman Christensen requested staff prepare a cost analysis for minute preparation. Upon a motion by Councilman Childs, the Minutes of the recessed meetings of June 17 and 18, 1985, budget sessions of June 17 and 18, 1985, and the regular meeting of June 26, 1985, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mac Anderson, Co-Chairman, Bakersfield Police Olympics Committee, 1601 Truxtun Avenue, requested the Council's support to bring the 1987 Police Olympics to Bakersfield and endorse a letter directed to the Police Athletic Federation indicating its support. Chief Price spoke in support of bringing the Police Olympics to BakersIield. Councilman Dickerson made a motion that the Council go on record by endorsing a letter indicating the Council's support of the 1987 Police Olympics. The motion was unanimously approved. Donis Heard, 5808 Cochran requested that the City's ordinance for Card Room Licensing be amended and brought up to date. He requested that a committee of the Council be formed in order to outline his concerns, and submitted a petition to amend Chapter 5.16 of the Bakersfield Municipal Code. Upon a motion by Councilman Ratty, Donis Heard's request that the Card Room Licensing Ordinance be amended, was referred to the Budget and Finance Cofnmittee for study and recommendation. Sharon Moon, Kern Audubon Society, 2304 Madaline Court, complained to the Council that the public has not been invited to provide input on the Sand Creek Golf Course. Councilman Ratty made a motion to refer Sharon Moon's concern to staff. Diane Mitchell, 3826 Bryn Mawr, Kern County Chapter of California Native Plant Society, spoke in opposition to the Sand Creek Golf Course, and that a full Environmental Impact Report should be prepared. Councilman Dickerson made a substitute motion to bring these concerns up when the Council discusses the Sand Creek Golf Course issue later in the meeting. This motion was unanimously approved. David Price, Building Industry Association, Stockdale Highway, 112A, spoke in opposition to Site Policies 2 & 3, as amended. 5405 Plan Review Bakersfield, California, September 25, 1985 - Page 2 Upon a motion by Councilman Ratty, the correspondence from the Building Industry Association, 5405 Stockdale Highway, 112A, dated September 25, 1985, was referred to staff and in 6 months the Building Department is to come back stating how the overlook is affecting it. CORRESPONDENCE Upon a motion by Councilman Childs, communication from Boyle Engineering Corporation, P.O. Box 670, Bakersfield, dated September 12, 1985, requesting consent for the formation of Assessment District No. 4, was received and referred to the City Attorney. Upon a motion by Councilman Rockoff, communication from Millard Archuleta Eddy-Paynter Associates, 5405 Stockdale Highway, dated September 15, 1985, requesting General Plan Amendment and rezoning for commercial use of 31.5 acres located aOjacent to Ilighway 178 and Bernard Street, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Christensen, communication from California Department of Transportation (CalTrans), 1120 "N" Street, Sacramento, dated September 19, 1985, regarding proposal and revised plan for interchange at California Avenue and Oak Street on Route 99, was received and referred to the Public Works Department. Upon a motion by Councilman Rockoff, communication from J & J Special Services, 1316 Lindsay Drive, dated September 25, 1985, regarding increase in insurance premiums, was received and referred to the Budget and Finance Committee to report back on October 16, 1985. COUNCIL STATEMENTS Mayor Payne made a Director, from the Office of outstanding performance for presentation to Gregory Klimko, Finance the Mayor commending him for his fiscal year ended June 30, 1984. Councilman Rockoff extended congratulations Klimko on behalf of the Council and Budget and Finance for his continued performance. to Mr. Committee Councilman Childs gave a report on Meeting in Ward i held on September 24, 1985, Bakersfield Police Department for working to the Neighborhood and thanked the improve Ward 1. Upon a motion by Councilman Barton, the issue of nominating an alternate delegate to the League of California Cities Annual Conference, was unanimously approved to be con- sidered. Upon a motion by Councilman Barton, Councilman Moore was designated as the alternate to the League of California Cities Annual Conference. Councilman Barton made a motion to suspend the rules and allow the City Manager to respond to a letter tonight from Kern County Economic Opportunity Corporation, 1655 E. California Avenue dated August 28, 1985, as an emergency matter. The motion was unanimously approved. Public Works Manager Hawley stated that the State Department of Transportation Development Act funds have been used to fund transit operations of the County. Golden Empire Transit has established certain guidelines and policies regarding the use of funds and Kern County Economic Opportunity Corporation has had a problem with the guidelines by Golden Empire Transit. The City cannot use its funds until approval is given from Kern County Council of Governments. Then the City must submit a list of pro- jects. Some other type of funding is needed other than Transportation Development Act fltnds. Bakersfield, California, September 25, 1985 - Page 3 Lynn Edwards, President of Senior Citizen Center, stated he was informed by Kern COG that as of September 30, 1985, there would be no funds available. He stated that the Center is requesting funds for October 1, 1985 through January 30, 1986 for transportation of seniors. Councilman Childs made a motion to grant the Bakersfield Senior Center $10,000 until staff can re-evaluate the program to see where the responsibility lies, with the understanding that the monies will be returned to the City. This motion was approved by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Christensen, Dickerson Noes: None Absent: None Barton, Childs, Councilman Dickerson indicated that the Legend on the blue agenda cover page is in error. Councilman Dickerson stated, for the record, that he supports more Police and Fire personnel for the City. Mayor Payne stated that Mr. Mann, of Goodwill Industries, had expressed his gratitude for the performance by the City Police and Firefighters when they arrived at the scene of the fire at Goodwill Industries. Councilman Christensen questioned if staff answered the letter from Sedway Cooke Associates. Mayor Payne indicated that he sent a letter to Sedway Cooke indicating the Council's apology for the separation of time between the presentations and the time it was voted on, and that the decision of the Council is final. Councilman Christensen questione0 if some of the Councilmen were given more information regarding the presentations than other Councilmen. Deputy City Manager Strenn indicated that all the Councilmembers were sent the same memorandum. Councilman Childs stated his concerns about the meeting on September 11, 1985, for hearing presentations by consultants for the General Plan Update. Councilman Ratty made a motion to not reconsider the contract for the Bakersfield Metropolitan Area General Plan Update. The motion was approved, with Councilmen Childs and Christensen voting no. Councilman Childs qualified his vote stating that the Council was not afforded enough time for the presentations. REPORTS The City Clerk read Report No. 4-85 from the Legislative Committee, regarding Statewide Ballot Initiative Request, as follows: At the August 28, 1985 City Council meeting, the City Council referred a resolution from the City La Mesa requesting a statewide ballot initiative for relief of the joint-several liability rule. This came about as a result of the deep pocket judgments being rendered ~n California. of ~3'~ Bakersfield, California, September 25, 1985 - Page 4 As the Council will recall, we have gone on record in support of SB 75 (Foran Bill). This bill is now in committee and will be acted on after the first of the year. The statewide ballot initiative is very similar to SB 75 and has been approved by the Attorney General for inclusion on the June 1986 ballot. The next step for this initiative will be the collection of petition signatures, with actual qualification for the ballot still several months away. The League of California Cities has taken no posi- tion on this initiative and will wait until it has actually been placed on the ballot. The Legislative Committee is of the opinion that the City Council should take a similar position and not endorse it until such time that we know exactly what the wording will be. This is not to say that we are opposed to the initiative. However, we will need additional information and make a recommenda- tion to the Council when it is clarified. Councilman Dickerson made a motion to adopt Report No. 4-85 from the Legislative Committee regarding Statewide Ballot Initiative Request. Councilman Ratty made a substitute motion to support SB This motion was approved with Councilmen Childs and Christensen voting no. Councilman Rockoff clarified his vote stating that he did not foresee the bill being approved in the Legislature and would like for it to be on the ballot. Councilman Barton, Chairman of Committee, read Interim Report No. 18-85, Noise Problem, as follows: the Urban Development regarding Hilghway 178 On September 4, 1985, this committee met with resi- dents who previously addressed the Council regarding noise problems caused by traffic on Highway 178. The residences most effected are located between Oswell Street and Fairfax Road on the south side of Auburn Street. Many of the homes in this area are elevated above the freeway which increases the potential for noise problems. The Public Works Manager gave background informa- tion regarding previous noise studies made by the State Department of Transportation. In 1976 the State notified residents along the freeways that if any resident had noise problems generated from the freeways, the State would work toward resolving the problems. As a result of their studies, sew~ral locations were evaluated and one sound wall was constructed along Freeway 99 between Planz Road and White Lane. The State's policy is to construct sound barriers along the Freeway only at locations where houses existed prior to the freeway construe- tion. The houses along the south side of Auburn were constructed after the freeway, therefore they do not qualify for sound walls to be constructed by the State. Also when these houses were constructed, the unform building code, in effect at the time did not require any special construction to mitigate the noise from the freeway. 75. Bakersfield, California, September 25, 1985 - Page 5 ~3 i The staff also reported that the state has a retro- fit program for residences effected by freeway noise but no funds are available at this time. The State also has a current policy that when a freeway is widened to provide additional lanes, it is required that noise problems be mitigated. Since Highway 178 will eventually be widened in the area where the noise problem occurs, the staff has been directed to contact the State regarding freeway extension and also to discuss the noise problem. The committee will continue working toward a solu- tion to the problem. Upon a motion by Councilman Barton, Report No. from the Urban Development Committee, regarding Highway Problem, was received. 18-85 178 Noise Councilman Rockoff, Chairsnan of the Budget and Finance Committee, read Report No. 17-85, regarding problems with Warner Cable T.V. in the southwest, as follows: At the September 11, 1985 City Council meeting, the Council referred an issue regarding problems with Warner Cable in the southwest to the Budget and Finance Committee. We recently met with John Southard, Manager of Warner Cable, who explained to us that the problems they are encountering are pri- marily due to the problems P.G.&E. is having with their cable in the southwest. Fourteen out of the nineteen outages in the past month have been traced to problems with P.G.&E. Warner Cable has met with P.G.&E. in order to improve their communications so that they are now forewarned of the areas P.G.&E. will be working on. They will place specially-purchased standby generators in these locations. Warner will also notify their customers within the area of White Lane to Truxtun Avenue and Gosford to Stine through its billings. They have been running ads in the Bakersfield Californian in order to notify the pub- lic of the problems that are being encountered. Through the improved communications with P.G.&E. and the additional generators, these problems should be eliminated. We have also asked Mr. Southard to appear before the City Council meeting tonight to answer any questions regarding this issue. Upon a motion by Councilman Rockoff, Report No. 18-85 from the Budget and Finance Committee, regarding problems with Warner Cable T.V. in the southwest, was received by the following roll call vote: Ayes: Noes: Absent: Councilmen Moore, Ratty, Councilman Christensen None Rockoff, Barton, Childs, Dickerson RECESS Upon request of Councilman Christensen, the meeting was recessed at 8:40 p.m., and reconvened at 8:50 p.m. CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claims Nos. 1125 to 1515 inclu- sive, in the amount of $1,281,773.17. Bakersfield, California, September 25, 1985 - Page 6 Claim for Damages from David Plotkin, c/o Michael J. Webb, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) Petition for Order Relieving Petitioner from the Provisions of Government Code Section 945.4 from David W. Hart]ey, c/o George A. Boyle, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Jack Thomas Waldie, 5505 E1Medio, Bakersfield. (Refer to City Attorney). Claim for Damages from Betty 5505 El Medio, Bakersfield. Attorney). Louise Waldie, (Refer to City Claim for Damages from Tim W. Grisham, Box 2653, Bakersfield. (Refer to City Attorney). Claim for Damages and Personal Injury from Krista J. Moreland and Carl Moreland, (Refer to City Attorney). Claim for Damages from Jeannette Fullmer, 300 So. Garnsey Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages trom Larry Tucker, Morteta, Bakersfield. (Refer to City Attorney) 1 1 4 Ditch Eradication and Pipeline Easement Agreement for Beardsley 1-4-0 Lateral. Maps and Improvement Agreements. Final Map and Improvement Agreement for Tract 4744 Phase I with Shadow Ridge Development, Ltd., for 50 lots on 13.4 acres located south of Highland Knolls Drive, east of Fairfax Road. Notice of Completion and Acceptance of Work on: Construction of Metal Beam Guard Rail, Contract No. 85-122 with Apex Fence Co., Inc., at Truxtun Avenue and Freeway 99 and Stockdale Highway at Kern River Bridge. Street improvements, Contract No. 8,1-280 with James G. Francis, on District Boulevard west of Stine Road, and Wible Road south of Garland Avenue. 3. Demolition of Wastewater Treatment Plant No. 1, Contract No. 85-77, with Archie Crippen. Tract No. 4777, Contract No. 85-108, with Tenneco Realty Development Corporation, located at Olympia Drive and Corvallis Lane. 5. Tract No. 4270 Unit "A", Contract No. 84-161, with Park West, located at White Lane and Dovewood Street. Bakersfield, California, September 25, 1985 - Page 7 ~(~ m. Application for Encroachment Permit from: Mrs. R. B. Henry, 2545 Spruce Street, Bakersfield, approval for the construction of a four foot high fence at the back of sidewalk on Drake Street at 2545 Spruce Street· Charles L. and Kathryn Martin, Star Route 4, Box 110, Bakersfield, for constructing a self- service car wash across an existing sewer line easement near the intersection of Oak Street and 24th Street. n. Approval of Plans and Specifications for: 1. Deleted Construction of curb, gutter and cross gutters in the area between Owens Street and Brown Street, north of Kentucky Street. 3. Painting exterior metal work at the Wastewater Treatment Plant No. 2. Contract Change Order No. 1 to Contract No. 85-130 with Tri-County Roofing for installa- tion of Modified bitumen roofing on portions of City Hall, Fire Station No. i and Senior Center. This Change Order is necessary for the removal of excessive roofing layers on a por- tion of the fire station roof. Amendment to Contract No. 85-]66, regarding demolition of buildings, to delete demolition of property at 1113 East 21st Street. Upon a motion e, I', g, h, i, j, k, 1, exception of item n. 1, by Councilman Rockoff, Items a, b, c, m, n, o and p, were adopted, with the by the following roll call vote: Ayes: Councilmen Moore, Ratty, Dickerson Noes: None Absent: None Rockoff, Barton, Childs, Christensen, ACTION ON BIDS Upon a motion Alfter Concrete, in the Canal Liner Repair, was execute the contract. by Councilman Moore, the low bid from Jim amount of $21,002.50, for Annual Contract, accepted and the Mayor was authorized to Upon a motion by Councilman Moore, the low bid from Quinn Company, in the amount of $7,600.00, for Dual Fuel Gas System for Wastewater Treatment Plant, was accepted. Upon a motion by Councilman Christensen, the low bid from H. V. Carter Company, in the amount of $13,737.60, for Riding Lawnmowers, was accepted and the other bid rejected. Upon a motion by Councilman Childs, the low bid from Western Imperial Engineering Contractors, in the amount of $79,216.00, for resurfacing East 19th Street, Union Avenue to East Truxtun Avenue, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, the low bid from L. N. Curtis and Sons, in the amount of $4,545.28, for miscella- neous fire equipment, was accepted, and all other bids rejected. Bakersfield, California, September 25, 1985 - Page 8 Consideration of Resurfacing "M" Street Avenue to 24th Street was deferred to the end of clarification of bid amount. from Truxtun the agenda for Upon a motion by Councilman Dickerson, the low bid from Safety Electric, of Fresno, in the amount of $118,333, for traffic signal systems at Ming Avenue at Westholme Boulevard and South Chester Avenue at Planz Road, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Resolution No. 137-85 of the Council of the City of Bakersfield approving Site Plan Review Policies 2 & 3, as amended. The City Council did not approve Planning Co~nmission Resolution 69-85 reducing the area subject to regulation to 100 feet and directed the Planning Commission to change its policy with 150 feet being the minimum distance applicable to the policies. Upon reconsideration, the Planning Commission adopted Resolution 120-85, including the policies approved by the City Council with an applicable distance of 150 feet as required by Council. A letter has been received from the Building Industry Association of Kern County, 5405 Stockdale Highway, Suite 112A, dated September 25, 1985, regretting the anticipated adoption of the Resolution approving Site Plan Review Policies 2 & 3, as amended. Councilman Christensen made a motion to adopt Resolution No. 137-85 of the Council of the City of Bakersfield with the sti- pulation that 150 feet being the minimum distance applicable to the policies. The motion was approved by the following roll call vote: Ayes: Councilmen Moore, Ratty, Christensen, Noes: None Absent: None Rockoff, Barton, Childs, Dickerson Approval and Adoption of Negative Declara- tion and Deferral of a Resolution of the Council of the City of Bakersfield Establishing Maintenance District No. 14 and confirming the assessment (Resolution of Intention No. 986 - Akers and Harris). A public hearing was held at the Council Meeting of September 11, 1985. RECESS Upon request of Councilma~ Dickerson, the meeting was recessed for one minute. Councilman Dickerson made a motion to approw~ and adopt the Negative Declaration and continue the resolution to establish Maintenance District No. 14 and confirming the assessment to the Council Meeting of October 16, 1985. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Moore, Ratty, Dickerson None Councilman Christensen Rockoff, Barton, Childs, Bakersfield, California, September 25, 1985 - Page 9 HEARINGS This is the time set for public hearing on Resolution of Intention No. 987 of the Council of the City of Bakersfield declaring its intention to order the vacation of five feet of the alley located at the northwest corner of Panama Lane and South "H" Street in the City of Bakersfield. This hearing was continued from the meeting of September 1985, and has been duly advertised and posted. 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. Upon a motion by Councilman Barton, Resolution No. 138-85 of the Council of the City of Bakersfield ordering the vacation of five feet of the alley located at the northwest corner of Panama Lane and South "H" Street, was adopted by the following roll call vote: Ayes: Councilmen Moore, Ratty, Rockoff, Christensen, Dickerson Noes None Absent: None Barton, Childs, This is the time set for public hearing on Resolution of Intention No. 988 of the Council of the City of Bakersfield declaring its intention to order the vacation of the southerly nine feet of Butte Street between King Street and Beale Avenue in the City of Bakersfield., 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. Upon a motion by Councilman Christensen, Resolution No. 139-85 of the Council of the City of Bakersfield ordering the vacation of the southerly nine feet of Butte Street between King Street and Beale Avenue, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Moore, Ratty, Rockoff, Christensen, Dickerson None None Barton, Childs, This is the time set for public hearing before the Council to determine whether public necessity, health, safety or wel- fare require formation of Underground Utility Distr~ct No. 2, Division ll (Resolution of Intention No. 989). A letter was received from Eldon R. Hugie, 1675 Chester Avenue, Suite 450, dated September 17, 1985, representing Mary D. Marerich, owner,of property extending from the northeast corner of Wilson Road north along Wible Road (Underground Utility District No. 2, Division 11). Mr. Hugie requested that inclusion of the Maretich property in the District be made an optional election by Mary Maretich at the time further information becomes known. 11, Bakersfield, California, September 25, 1985 Page 10 A letter was received from Eldon R. Hugie, dated September 25, 1985, stating his protest has been withdrawn. 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. Upon a motion by Councilman Dickerson, Resolution No. 140-85 of the Council of the City of Bakersfield, State of California, establishing Underground Utility District No. 2, Division 11, was adopted by the following roll call vo~e: Ayes: Noes: Absent: Councilmen Moore, Ratty, Rockoff, Barton, Childs, Christensen, Dickerson None None This is the time set for public hearing before the Council to determine whether public necessity, health, safety or wel-- fare require formation of Underground Utility District No. 2, Division 12 (Resolution of Intention No. 990). 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. Upon a motion by Councilman Christensen, Resolution 141-85, of the Council of the City of Bakersfield, State of California, establishing Underground Utility District No. 2, Division 12, was adopted by the following roll call vote: NO. Ayes: Councilmen Moore, Ratty, Rockoff, Christensen, Dickerson Noes: None Absent: None Barton, Childs, This is the time set for public hearing before the Council for the purpose of considering an application for a modifi- cation request by Mulock's Distributing, Inc. to permit a 269-foot antenna tower where the maximum height allowed is 105-feet in an M-1 (Light Manufacturing) Zone located at 400 California Avenue. Mayor Payne declared the hearing open for public par- tic~pation. Robert J. Duffy, representing Mulock's Distributing, Inc. was available to answer questions by the Council. 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. Upon a motion by Councilman Dickerson, the application for a modification requested by Mulock's Distributing, Inc. to permit a 269-foot antenna tower where the maximum height allowed is 105-feet in an M-1 (Light Manufacturing) Zone at 400 California Avenue, was approved by the following roll call vote; Ayes: Noes: Absent: Councilmen Moore, Ratty, Rockoff, Christensen, Dickerson None None Barton, Childs, Bakersfield, California, September 25, 1985 Page 11 This is the time set for public hearing before the Council for the purpose of considering an application for a modifi- cation requested by Carver Development to amend the modification permitting a 12-story office building at 5060 California Avenue approved by the Board of Zoning Adjustment on September 22, 1981, to permit two, four-story office structures and two, four-story parking structures within the open area surround- ing the 12-story structure in a C-O (Commercial and Professional Office) Zone. A letter has been received from Carver Development, dated September 16, 1985, approving the continuance of this hear- ing to October 16, 1985, to allow time for a traffic study for the project. Mayor Payne declared the hearing open for public par- ticipation. Brian Haupt, Coleman Company, stated he is opposed to the request, but would make his comments on October 16, 1985. Upon a motion by Councilman Ratty, the hearing regarding consideration of an application for a modification requested by Carver Development was continued to October 16, 1985, in order to complete the environmental review process, by the following roll call vote: Ayes: Councilmen Moore, Ratty, Christensen, Noes: None Absent: None Rockoff, Barton, Childs, Dickerson NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amend- ing 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 Castro No. 4 Annexation. Adoption of Resolution No. 142-85 of the Council of the City of Bakersfield fixing time, date and place for hearing report of Building Official specifying work done, cost of work and description of property upon which dangerous buildings have been demolished and hearing any protests or objections thereto. Upon a motion by Councilman Childs, Resolution No. 142-85 of the Council of the City of Bakersfield, was adopted the following roll call vote: by Ayes: Councilmen Moore, Ratty, Rockoff, Christensen, Dickerson Noes: None Absent: None Barton, Childs, Request to amend 1985-86 Operating, Capital Improvement and Redevelopment Agency Budgets. Upon a motion by Councilman Barton, referred to the Budget and Finance Committee were referred to the Personnel Committee. monetary items were and personnel items Bakersfield, California, September 25, 1985 - Page 12 Pioneer Extension Canal Agreement with Tenneco Realty Development. Upon a motion by Councilman Moore, the Pioneer Extension Canal Agreement with Tenneco Realty Development was unanimously approved and the Mayor was authorized to execute the contract. Ground Lease with Sand Creek Associates for the development of Sand Creek Golf Course. Councilman Moore, Chairman of the Water Resources Committee, read Report No. 3-85, regarding Ground Lease for Development of Sand Creek Golf Course, as follows: For several months, this committee has been meeting with staff, and staff has been negotiating with Sand Creek Associates, for a ground lease which would allow the development of a public golf course between the channel of the Kern River and Stockdale Highway near Ca]-State Bakersfield. The result of these negotiations are embodied in a ground lease now submitted for Council approval. The leased premises will be approximately sixty-five acres, and the developer wi]] construct and maintain a first-rate public eighteen-hole golf course with related facilities on this property. During the first seven years of lease payments, the tenant will pay to the City a m~nimum rental of TWENTY-FOUR THOUSAND DOLLARS ($24,000) per year or two percent (2%) of the gross pro- fits, whichever is greater. After the first seven years following commencement of payments, the tenant will then pay a TWENTY-FOUR THOUSAND DOLLAR ($24,000) minimum ren- tal or five percent (5%) of the gross profits, whichever is greater. The minimum rental can be increased after the eighth year of operation, but it can newer go below TWENTY-FOUR THOUSAND DOLLARS ($24,000). The tenant guarantees a first-rate public facility which will serve the public on a first-come, first-served basis. The term of this ]ease is thirty-six (36) years. After the lease term expires, the project reverts to City ownership. This term allows the developer a period of time in which to construct a golf course under a take- out construction loan and then refinance the project. Staff, under direction of the Committee, attempted to obtain a shorter ]ease duration; however, local lenders assured staff that thirty years was an absolute minimum acceptable period for a loan on this type of project. In order to implement this report, this committee reco~n- mends that the City Council approve and authorize the Mayor to execute the attached Ground Lease. Upon a motion by Councilman Moore, Report No. the Water Resources Committee regarding Ground Lease for Development of Sand Creek Golf Course, was received. 3-85 from Councilman Moore made a motion to approve the implemen- tation of the Ground Lease. Councilman Dickerson stated for the record that the budget should allow for maintaining the golf course. Councilman Moore amended the motion to include that the developer will include, in his plans submitted to the Council for approval, a provision providing for a bicycle resting point. Upon a motion by Councilman Rockoff, Paul Santy, devel- oper of the Sand Creek Golf Course, was allowed to answer ques- tions raised by the Council. Bakersfield, California, September 25, 1985 Page 13 Councilman Moore amended the motion to approve the implementation of the Ground Lease for Development of the Sand Creek Golf Course; that the developer will include, in his plans submitted to the Council for approval, a provision providing for bicycle resting point; and to include changes in Section 13.01 B that the assignment be submitted to the City Council, and if the Council does not request the developer to appear, or contest the assignment within 20 days after sub~nitta] to the City, then it will be deemed approved; and Section 5.02, that the tenant shall pay $2,000 rental fee monthly. This motion was approved, with Councilman Christensen voting no. a Agreement with John Carollo Engineers for Design Services to Repair a Primary Digester. Upon a motion by Councilman Moore, agreement with John Cardlid, for Design Services to repair a primary digester, not to exceed $25,000, was approved and the Mayor was authorized to execute the contract. Revised Freeway Agreement with the State of California to cover new on-ramps and off-ramps to Route 99 from Stockdale Highway. Upon a motion by Councilman Childs, the Revised Freeway Agreement with the State of California to cover new on-ramps and off-ramps to Route 99 from Stockdale Highway, was approved and the Mayor was authorized to execute the contract. Agreement with the County of Kern to provide for China Grade Landfill Buffer Zone. Upon a motion by Councilman Rockoff, agreement with the County of Kern to provide for China Grade Landfill Buffer Zone, was approved and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, staff was directed to study and bring back a report with recommendations on the City's use of the Landfill. Beale Memorial Library Lease and Option Agreement. Councilman Childs made a motion to approve tile Lease Agreement of Conditional Conveyance of Land, Lease and Option Agreement, Agreement for Reimbursement of Expenses Incurred in Pursuing Eminent Domain; and the Mayor was authorized to execute the contract. 'rhis motion was unanimously approved. California Airport Loan Agreement with Aeronautic Division-State Department of Transportation (CalTrans) for the Bakersfield Airpark. In May of 1985, City Council made to the State for the funds needed acquisition of the Bakersfield Airpark. approved a loan request to match the FAA grant for Upon a motion by Councilman Christensen, the California Airport Loan Agreement with Aeronautic Division-State Department of Transportation, was approved and the Mayor was authorized to execute the contract. ~' ~ Bakersfield, California, September 25, 1985 Page 14 Application for Federal Assistance Airpark Master Plan Update: Bakersfield Airpark. Upon a motion by Councilman Barton, the Application for Federal Assistance - Airpark Master Plan Update: Bakersfield Airpark, was approved and the Mayor was authorized to execute the contract. CONTINUED ACTION ON BIDS Upon a motion by Councilman Rockoff, the low bid of Granite Construction, in the amount of $82,840.00, for resurfacing "M" Street from Truxtun Avenue to 24th Street, was accepted, the other bid rejected, and the Mayor was authorized to execute the contract. CLOSED SESSION Upon a motion by Councilman Rockoff, the Council recessed to a Closed session at 10:14 p.m., for the purpose of discussing labor negotiations. The regular meeting was reconvened at 11:28 p.m. ADJOURNMENT There being no further business to come Council, upon a motion by Councilman Christensen, adjourned at 11:29 p.m. before tile the meeting was MAYOR of the City of Ba'l~ersfield, ATTEST: ///"~ ... /? /".-- :.../.. CITY CLERK and Ex Officio Clerk ot' the Council of the City of Bakerst'ield, California Calif. CW:rg