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HomeMy WebLinkAboutAPR - JUNE 1984Bakersfield, California, April 4, 1984 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 7:00 P.M., April 4, 1984. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance and Invocation by Mayor Shell. The City Clerk called the roll as follows: Present: Absent: the City of City followed satisfied with the results system, District Attorney's is inappropriate for the Council to hear personnel matters, because they do not have either the authority or responsibility. Upon a motion by Councilman Childs, Linda Rezac's problem with parking in the alley, near her business at 1122 Baker Street, in the evenings, was referred to the Traffic Engineer. Mr. W. Farrakan, 1004 Lake Street, requested that the Council help welfare recipients get their checks delivered on Fridays instead of the weekend. Police Department. If the person is not they can seek a remedy through the court Office or Attorney General's Office. It regarding a Police Officer who issued her parking her vehicle in the alley near her Baker Street. Councilman Payne stated he believes this is a personnel complaint and the Council cannot hear personnel matters, except in Closed Session. City Attorney Oberholzer stated, pnrsuant to the City Charter, the Council does not have authority over personnel matters, with the exception of the City Manager and City Attorney. There is an appropriate procedure that has been established by State law for complaints against Police Of[icers and they must be filed with the Mayor Shell. Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Moore, Payne None SCHEDULED PUBLIC STATEMENTS Linda Rezac, 6809 Murphy's Court, addressed the Council a parking citation for business located at 1122 Bakersfield, California, April 4, 1984 Page 2 287 Mayor Shell stated the City Council has no authority over welfare matters and she suggested that Mr. Farrakan contact his U. S. Congressman or his State Senator or Assemblymen, because the checks are sent by the Federal and State government. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from the Law Offices of Young, Wooldridge, Paulden, Self, Farr & Griffin, dated March 28, 1984, regarding Kern River Plan, was received and referred to the Growth and Development Committee. Upon a motion by Councilman Rockoff, communication from Betty Radovich, 5809 Meadow Oaks Court, Bakersfield, 29, 1984, regarding recent increases in Warner Amex Company's rates, was received and referred to staff COUNCIL STATE)~ENTS Councilman Christensen stated Mrs. Mary Sue Ming's appointment on the Historic Preservation Commission expired on March 30, 1984, and requested that the Mayor write a letter ex- pressing the Council's gratitude for her service to the City. Upon a motion by Councilman Christensen, Vera K. Gibson, 300 Brink Drive, was appointed to the Historic Preservation Com- mission, term expiring March 30, 1987. Councilman Rockoff stated he regretfully resignation of Thomas Robert Spawn, P.O. Box 9817, Preservation Commission, term expired ~arch 30, 1984, and requested that the Mayor write a letter expressing the Council's gratitude for his service to the City. Upon a motion by Councilman Rockoff, W. Harland Boyd, 339 Cypress Street, was appointed to the Historic Preservation Commission, term expiring March 30, 1987. Councilman Payne complimented the Department Heads and stated, after reading the 1983 Annual Report from the Fire Depart- ment, he wanted to commend Fire Chief Needham and his staff for their outstanding performance, particularly the 1% turnover rate, dated March Cable Television for response. accepts the from the Historic Bakersfield, California, April 4, 1984 - Page 3 safety record and holding the monetary amount despite Upon Norman Walters, losses to such a small the major fires during the last year. a motion by Councilman Payne, communication from 3301 Dwight Street, regarding the Traffic Citation matter, was received and referred to the Budget and Finance Com- mittee for study and recommendation. Councilman Childs stated he agrees with Councilman Payhe's comments regarding the City staff. He has been pleased with responses from staff and appreciates their efforts on his behalf. Upon a motion by Councilman Childs, Lynn Noel, 4201 California Avenue, Apt. 13, was reappointed to the Historic Preser- vation Commission, term expiring March 30, 1987. Councilman Childs stated he received letters from the Kern, Inyo and Mono Counties Building Trades Council and Kern, Inyo and Mono Counties Central Labor Council recommending that Mr. Dick Boatright or Mr. Laurence Henry be appointed to fill the vacancy on the Board of Building Appeals. Councilman Childs submitted the names of Mr. Dick Boatright and Mr. Laurence Henry to be considered for the vacancy on the Board of Building Appeals. Mrs. Martha Walters, 3301 Dwight Street, expressed her opposition to the proposed modifications She felt if the speed limit was enforced accidents. She felt a test period would to the Garces Circle. there would not be any show that enforcement would help and the funds budgeted for this project could be put to better use. Councilman Moore commended the Fire Department for their performance. Upon a motion by Councilman Moore, members of the Council, Water Resources Committee and Water Board were authorized to attend the California Water Commission meeting in Bakersfield on Thursday, April 12, 19S4. Bakersfield, California, April 4, 1984 - Page 4 289 Upon a motion by Councilman Childs, the Mayor's reappoint- ment of Shirley McFadzean, 513 Friant Court, to the ttistoric Preservation Commission, term expiring March 30, 1987, was approvecl. REPORTS Councilman Ratty, Chairman of the Intergovernmental Relations Committee, read Report No. 2-84 regarding City/County Agreement for Fire Training Facility, as follows: This Committee has met to review and discuss the proposed agreement between the City of Bakersfield and the County of Kern for the joint use and maintenance of the Olive Drive City/County Fire Training Facility. The original agreement, entered into in 1980, provided 50% use of the training facility by both the City and County with scheduling on a mutually agreed to basis. The proposed new agreement will continue in this manner. Further, the City and County will share equally in future custodial, maintenance and construction costs. The proposed agreement provides that utilities, paper goods, office supplies and duplicating costs will be apportioned 70% to the County and 30% to the City, based on the total number of safety employees in each department. Also, a Training Facility Committee is proposed to be established, consisting of the two Fire Chiefs, the Operations Chiefs, and the Training Officers from each department. Further, we noted the need for the revised agreement in light of the recent additions to the facilities at the training center. Therefore, we recommend the City Council approve the agreement and authorize the Mayor to execute. Upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report No. 2-84 regarding City/County Agree- ment for Fire Training Facility, was accepted; and Agreement between the City and County of Kern for the joint use and maintenance of the Olive Drive City/County Fire Training Facility, was approved and the Hayor was authorized to execute same. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 7-84 regarding Garces Traffic Circle, as follows: Several weeks ago the staff did a workshop with tile Council regarding the Garces Traffic Circle. At that time, three alternatives were discussed 290 Bakersfield, California, April 4, 1984 - Page 5 which would alleviate the traffic congestion and numerous accidents which occur at this site. As was pointed out, the Garces Circle was built fifty years ago and served its purpose at that time. However, over the years--due to the tremendous increase in traffic--it has become apparent that this design is no longer functional. In an attempt to rectify this situation, the Public Works Department recommended the attached alternative. The advantages of this plan would be as follows: Traffic flow would be improved with this plan. 2. It provides adequate storage for left turn lanes. 3. This plan has the best approach for 30th Street. 4. This alternative has better signal locations. The disadvantages would be as follows: It requires relocation of the Father Garces Statue. 2. It would cost $45,000 more than the other two alternatives. 3. Minor right-of-way adjustments would be required. At the request of the Mayor and Council, the Budget and Finance Committee recently met with the staff and Mr. Curtis Darling of the Kern Historical Society to discuss these recommenda- tions. Mr. Darling informed us that the Garces Traffic Circle has no official historical value. However, the Society is concerned about the statue of Father Garces. The ttistorical Soclety has studied the possibility of moving this statue for many years, and they are in agree- ment that it should be moved to a better location. The present location does not allow the public to view it, and the exhaust emissions at the Circle are causing deterioration of the statue. They have studied several possible locations, and it was their opinion that the best location would be on the east side of City Hall. In order for us to gather additional public input on this matter, we have requested a meeting between the Budget and Finance Committee and a committee of the Council's Historical Commission. We are also requesting that any interested groups or individuals contact the Mayor's Office, the City Manager's Office, or members of this Committee in order for them to attend a Committee Meeting on this matter. At the conclusion of this meeting, we will be better prepared to make our recommendation to the Council. Bakersfield, California, April 4, 1984 - Page 6 291 Councilman Christensen pointed out that the other Councilmen and Mayor cannot attend the meeting, because it would be a violation of the Brown Act. Councilman Moore stated he conducted a sample poll in Ward 5 in the last 24 hours and asked the question "Should the Traffic Circle design be changed." Sixty-seven percent are in favor of a change and 5 were opposed. Mayor Shell stated Registration Office, because is a registered landmark. It she contacted the State Historic she was informed the Garces Circle is a registered landmark, Registration No. 277, however, there is some question as to whether the site or the Traffic Circle is registered. If it is the circle it is protected by the Environmental Quality Act and public hearings would have to be held prior to altering its present state. She has requested that the Registration Office investigate the matter and notify the City of their findings. Councilman Barton requested that staff investigate the matter of the Garces Circle being a Registered Landmark and report their findings to the Budget and Finance Committee. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 7-84 regarding Garces Traffic Circle. was accepted; and the Committee is to continue meeting with individuals on this matter. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 8-84 regarding Request for Additional Funds for Fire Station No. 3, as follows: We are presently approaching the completion of construction for Fire Station No. 3, located at Saunders Park. Original funding did not include a new parking lot for Saunders Park; however, during construction of the Fire Station, it was determined necessary to provide the new parking lot. As a result of the cost of building the parking lot, additional funding is necessary for such items as the fire alarm altering system for Fire Station No. 3, furniture, landscaping, and miscellaneous items necessary to outfit the Station. ?.,92 Bakersfield, California, April 4, 1984 Page 7 This Committee has reviewed the request and concurs in the need for additional funds. The estimated amount of additional funds is $21,000. We have also determined sufficient Revenue Sharing Funds are available from savings on other projects and would, therefore, recommend the City Council approve the request for additional funds for the completion of Fire Station No. 3. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 8-84 regarding Request for Additional Funds for Fire Station No. 3, was accepted; and request for additional funds from Revenue Sharings Funds, in the amount of $21,000, for completion of Fire Station No. 3, was approved. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 9-84 regarding Request for Funds to Purchase Additional Fire tlydrants, as follows: The City of Bakersfield purchases fire hydrants for resale to builders and developers for use in newly-developed areas. The City sells the fire hydrants at the City's cost. This practice insures availability of fire hydrants, although the main purpose for this procedure is public safety by insuring consistent quality control over the :fire hydrants belng used. Due to the rapid pace of development taking place in the City of Bakersfield, the existing stock of fire hydrants will not be sufficient to supply builders and developers for the remainder of this fiscal year. In order to satisfy our needs for the remainder of the year, the Director of Fire and Bevelopment Services (Fire Chief), has requested a $75,000 appro- priation to purchase approximately 150 fire hydrants and the necessary connectors. This Committee concurs with the request and would, therefore, recommend the City Council authorize funding from the Council's Contingency Account. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 9-84 regarding Request for Funds to Purchase Additional Fire Hydrants, was accepl:ed; and request for purchase of approximately 150 fire hydrants and necessary connectors and Budget Transfer from the Council's Contingency Account to the appropriate account, in the amount of $75,000, were approved. Councilman Ratty, member of the Budget and Finance Co~nittee, read Report No. 10-S.t regarding Bond Counsel Agreement-- Sewer Plant No. 3, as follows: Bakersfield, California, April 4, 1984 - Page 8 The City is presently proceeding with the up- grading and expansion of Wastewater Treatment Plant No. 3. The recommended method for financing the proposed upgrading and expansion is the issuance of Leasehold Mortgage Bonds by a nonprofit corporation. The City of Bakers- field successfully used this same method, a nonprofit corporation, to sell Leasehold Mortgage Bonds in 1977 to firlance the expansion of Waste- water Treatment Plant No. 2. The City employed StradlJng, Yocca, Carlson & Rauth as Bond Counsel for the ]977 bonds. This Committee has reviewed the proposed agree- ment between the City of Bakersfield and Stradling, Yocca, Carlson & Rauth as Bond Counsel to furnish legal services relative to the uprading and expansion of Sewer Plant No. 3. This Bond Counsel is familiar with the City of Bakersfield and has successfully and satisfactorily served as Bond Counsel for the City on previous bond issues, including the 1977 bond issue as noted above. Therefore, we recommend the City Council approve the agreement and authorize the Mayor to execute. Upon a motion by Councilman Rockoff. Budget and Finance Committee Report No. 10-84 regarding Bond Counsel Agreement-- Sewer Plant No. 3, was accepted; and Agreement with Stradling, Yocca, Carlson & Rauth as Bond Counsel to furnish legal services relative to upgrading and expansion of Sewer Plant No. 3, was approved and the Mayor was authorized to execute same. Councilman Barton, member of the Budget and Finance Committee, read Report No. 11-84 regarding Land Acquisition on Lakeview Avenue, as follows: At the July 6, 1982, Council Meeting, staff was given authorization to implement the Lakeview Revitalization Strategy. That strategy included ~and acquisition to promote commercial and residential development in Census Tract 22. The subject property is located at 720 Lakeview Avenue. The property has an appraised value of $26,000. The value was established by the appraisal office of Bruce Beaudoin. The appraised value is acceptable to the seller and to this Committee. Community Development Block Grant Funds will be used for acquisition. Therefore, it is recommended that staff be authorized to proceed with the acquisition for the purpose of accomplishing the goals and objectives of the Lakeview Avenue Revitalization Strategy. 294: Bakersfield, California, April 4, 1984 - Page 9 Upon a motion by Councilman Barton, Budget and Finance Committee Report No. 11-84 regarding Land Acquisition on Lakeview Avenue, was accepted; and staff was authorized to proceed with the acquisition of property located at 720 Lakeview Avenue, in the amount of $26,000, for the purpose of accomplishing the goals and objectives of the Lakeview Avenue RevJtalization Strategy. Councilman Barton, Chairman of the Growth and Development Committee, read Report No. 5-84 regarding Report on Monthly Parking Rates, as follows: On March 29, 1984, this Committee met to discuss a request by Mr. Jim Banducci for a reduction in parking rental rates for spaces presently rented from the City at the 17th and "G" Street parking lot. It was determined by this Committee that the market rate for parking facilities that are a part of, or directly serve, a given structure or development is presently $40.00 per month. It was also determined that a second category of parking facility exists in the downtown. This category serves the general public on a nonexclusive basis. The market rate for these public nonexclusive facilities is presently $30.00. Because of the availability and use of parking spaces located on an adjacent lot, which is owned and operated by the City, Hr. Banducci was permitted to build a much larger and more valuable structure. Therefore, it is this Committee's opinion that this parking should be considered as directly serving the subject building and, thus, subject to the market rate of $40.00. Additionally, it is this Committee's opinion that the 18th and Eye Street Parking Structure is made available to individuals for the basic purpose of relieving curb side parking congestion. It should also be reconfirmed that the $28.00 per month rate charged for the 18th and Eye Street Parking Structure represents a slight reduction of the present market rate for these type of facilities, for the purpose of creating an incentive to use the newly opened parking structure. For these reasons, this Committee does not recommend changes in the parking rates at this time. Upon a motion by Councilman Barton, Growth and Develop- ment Committee Report No. 5-84 regarding Report on Monthly Parking Rates, was accepted; and request by Mr. Jim Banducci for a reduction in parking rental rates for spaces presently rented from the City at the 17th and "G" Streets Parking Lot, was denied. Bakersfield, California. April 4, 1984 - Page 295 Councilman Moore, Chairman o2 the Water Resources Committee, read Report No. 4-84 regarding Wastewater Treatment Plant No. 3/Amendment to Agreement with Design Engineers, as follows: On September 28, 1983, the City of Bakersfield entered into an agreement with John Carollo Engineers to act as prime contractor to perform certain engineering services related to Waste- water Treatment Planf No. 3 improvements. The agreement includes a cost of engineering services based upon hourly rates not to exceed a total of $598,800. Pursuant to design conferences between City staff members and the engineers, an economical analysis has determined a value in using digester gas to generate electricity. Pre- liminary estimates indicate an increase in the project cost of $814,000 with a cumulative value of power production to be $2,155,460 over a f~fteen-year period. These estimates are based upon certain assumptions such as the assumption that power costs will escalate by 10% per year. Further, the analysis indicated the payback period for the project is approxi- mately ten years. Attached to this report is the March 16, 1984, correspondence from John Carollo Engineers, along with the referred to analysis table. We have reviewed the analysis with staff and conclude that the scope of work for the design engineers should include a design of an engine generator system for use with digester gas. This change in the design scope requires an increase in the maximum costs for the design services of $30,000. The proposal is acceptable and, therefore, we recommend the City Council authorize the execution o~ the amendment to the agreement between the City and John Carollo Engineers. Upon a motion by Councilman Moore, Water Resources Com- mittee Report No. 4-84 regarding Wastewater Treatment Plant No. 3/ Amendment to Agreement with Design Engineers, was accepted; and Agreement with John Carollo Engineers for the design of an engine generator system for use with digester gas at a cost not to exceed $30,000, was approved and the Mayor was authorized to execute same. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4831 to 4950, inclusive, in the amount of $390,151.79. 296 Bakersfield, California, April 4, ]984 - Page (b) (c) Claim for Damages from Chester Edward Adkins, 5312 Krista Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Dennis Morse, 10800 Waco Street, Lamont. (Refer to City Attorney) Grant Deed from Tenneco West, Inc., trans- ferring a water well site in the Ashe service area, located at Pacheco and Progress Roads, to the City of Bakersfield. (d) (e) Grant Deed from VaI~ey Christian Church for expansion of drainage basin at south end of Krista Court. Maps of Tract Nos. 4613, 4626, 4627, 4639, 4649 and 4650 and Improvement Agreements with Tenneco Realty Development Corporation, located in an area bounded on the east and west by Gosford Road and Old River Road and on the north and south by Ming Avenue and District Boulevard. (f) Upon a motion by Councilman Rockoff, Items (a), (d), (e) and (f) of the Consent Calendar, were adopted by Rockoff, Barton, Childs, Payne following roll Ayes: Noes: Absent: call vote: Councilmen Ratty, Moore, None None ACTION ON BIDS a motion by Councilman Christensen, (b) , the (c) , Christensen, Upon low bid of Walter Rush Appraisals, Inc., in the amount of $8,600.00, for Annual Contract for Dwelling Appraisals, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, low bid of P. E. O'Hair & Company, in the amount of $7,011.26, for Storm Drain Pipe, was accepted and the other bid 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 purchase of one additional Police Sedan from Jim Burke Ford, in the amount of $10,376.91, to replace Police Vehicle No. 5113 that was demolished in an accident, was approved. Bakersfield California, April 4, 1984 - Page 12 297 NEW BUSINESS First reading of an Ordinance 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 properties in the City of Bakersfield located between Lennox Avenue and Mohawk Street, approximately 1/4 mile west of California Avenue. The application for this amendment was made by Robert J. Matsumoto and would change subject property from an R-1-HOSP (One Family Dwelling - Hospital) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance 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 properties in the City of Bakersfield located between Lennox Avenue and Mohawk Street, approximately 1/4 mile west of California Avenue. Adoption of Resolution No. 24-84 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 290, LAFCO Pro- ceeding No. 827 (Wible No. 5). This resolution sets forth the agreed Property Tax distribution between the City and County on Annexation No. 290, LAFCO Proceeding No. 827 (Wible No. 5). This resolution must be adopted at the Council Meeting of April 4, 1984, in order to meet the deadline established by LAFCO. Upon a motion by Councilman Rockoff, Resolution No. 24-84 of the Council of the City of Bakersfield providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 290~ LAFCO Proceeding No. 827 298 Bakersfield, California, April 4, 1984 - Page 13 (Wible No. 5), Ayes: Councilmen Ratty, Moore, Noes: None Absent: None was adopted by the following roll call vote: Rockoff, Barton, Childs, Christensen, Payne CLOSED SESSION Upon a motion by Councilman Christensen, the Council S:05 P.M., regarding City Manager's The regular meeting was reconvened recessed to a Closed Session at recruitment and qualifications. at 9:12 P.M. Mr. Bill Avery, City's Recruiter. announced that the top six candidates for the City Manager's position will be interviewed by the Council on April 28, 1984. The Mayor was requested to send letters to the Screening Committee members thanking them for their service to the City of Bakersfield. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:15 P.M. MAYOR of~Cit~ oY Bakersfield, ATTEST: oC~f~~ya~fd ~aXkeOrfsf~lC. ei~dC, l~[lki~ofrtn[~[ Council ma Calif. Bakersfield, California, April 1], 1984 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., April 11, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Mayor Shell. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne, Ratty Minutes of the regular meetings of March 28, and April 4, 1984, were approved as presented. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Kern River Parkway Committee. P.O. Box 1861, Bakersfield, dated April 2, 1984, thanking the participants in tree planting project along Truxtun Avenue Extension/Bike Path and Kern River, was received and placed on file. Upon a motion by Councilman Ratty, communication from The Craft Festival, Steve Powers & Co., 3090 Sumac Road, Fallbrook, Cal- ifornia, regarding contract with Civic Auditorium, was received and referred to the City Attorney. Upon a motion by Councilman Moore, communication from Dan Lumpkin, Bicycle Coordinator, Kern Wheelmen Bicycle Club, Bakersfield, dated April 4, 1984, regarding bicycle use in the City, was received and referred to the Public Works Department. Upon a motion by Councilman Childs, communication from Bill Lewis, South East Enterprise Zone, 2000 South Union Avenue, Bakers- field, dated April 5, 1984, requesting a study of the feasibility of the Bakersfield Airpark becoming a public facility, was received and referred to the Growth and Development Committee. Councilman Barton stated that due to area] or imaginary conflict of interest he would not participate in this matter. Absent: None. 300 Bakersfie]d, California, April 11, 1984 - Page 2 Upon a motion by Councilman Payne, communication from Senator Robertl, Sacramento, dated April 4, 1984, requesting comments on proposed fireworks legislation was received and referred to the Legislative Committee. PRESENTATION BY MAYOR Police Chief Price stated that on March 17, 1984, at 9:50 P.M., Officers of the Bakersfield Police Department were dis- patched to Bill Wright Toyota regarding a subject breaking out win- dows. Upon arrival, the suspect was observed on the lot covered in his own blood. As Officer Fox got out of the car, he was attacked by the suspect and a fight ensued. It was several minutes before the back-up officers Azevedo came upon the scene moved out into the street. arrived, and during this time Mr. Donald and observed the struggle which had Mr. Azevedo immediately stepped in to assist the officer in apprehending the suspect. Even with his help, the suspect was not apprehended until the baek-up officers arrived. It was later determined that the suspect was under the influence of PCP. During the confrontation, in which Mr. Azevedo took no thought for his own safety, he received a sprained wrist and injury. Mr. Azevedo should be commended for risking his life to assist a Police Officer. Mayor Shell presented a plaque to Mr. Donald Azevedo in recognition of his extraordinary bravery in aiding an Officer of the Bakersfield Police Department. REPORTS Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 12-84 regarding Waiver of Established Rehabilitation Loan Limit, as follows: In August of 1983, Doctors Fox and Davis, local Physicians, requested assistance from the City in their effort to convert an abandoned fire damaged building on East Brundage Lane at Kineaid Street into a medical clinic to serve the Lake- view neighborhood. Consultant studies have indicated that such a facility would meet a Bakersfield, California, April 11, 1984 - Page 3 primary need in the co;nmunity, and rehabili- tation for blight elimination in general is encouraged through the Commercial Rehabili- tation Loan Program established by the City in August of 1982. The Farticular project requires a complete gutting of the existing structure and the construction/installation ~zf plumbing, electrical service, ~¢alls, roof covering, exterior wall paint and improvement of the parking area. Because of the specialty use of the structure, estimates of construction cost lacked the necessary detail for loan consideration by Crocker Bank, the cooperating local lender. Consequently, the project was bid with the low bid being in the amount of $144,400. Added to this are the out-of-pocket expenses of the City and the normal loan fees charged by the bank. The total loan will be approximately $150,000. When the commercial rehabilitation loan pro- gram was initially established, a limit was set at $100,000 for any one project, with waiver of this limit possible by City Council. At program inception, it was assumed that projects exceeding this limit would be funded by small, pre-sold industrial development bonds - an instrument no longer available due to recent legislation. In light of the pressing need for this type of facility in the Lakeview area, the impact that this project will have on removal of blight in the immediate area and the inability to provide the necessary financing through alternative means, this committee recommends the waiver of the established loan limit to allow the completion of this project. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 12-84 regarding Waiver of Established Rehabili- tation Loan Limit was accepted and the established loan limit was waived to allow completion of this project. Councilman Barton, Chairman of the Growth and Development Committee read Report No. 6-84, regarding Agreement with California Water Service Company, for Construction of a Major Water Line on Brundage Lane between Hayes and Mount Vernon Avenue, as follows: On April 4, 1984, this ccmmittee met to discuss the proposed agreement between California Water Service Co., and the City of Bakersfield, wherein it is proposed that California Water Service Co. will act as the general contractor in construct- ing a major water line from Hayes Street to ?ft. Vernon Avenue along Brundage Lane. The~project q02 Bakersfield, Cali£ornia, April 11, 1984 - Page 4 cost of $445,063 is based upon firm bids received from contractors, and it is approxi- mately $50,000 below the original estimated cost. The monies used to fund this project will be the City's allocation from the Federal Jobs Bill. The primary purpose for providing this water line is to allow the development of the Westminster Ceramics industrial site at Mt. Vernon Avenue and Brundage Lane. This industrial development will provide approximately 200 jobs, and is a project this Council has reviewed on several occasions with said review resulting in an agreement between the City of Bakersfield and Westminster Ceramics. This committee recommends approval of this agreement thus allowinE the construction of this necessary infrastructure that in turn will allow this very important project to move forward. Upon a motion by Councilman Barton, Growth and Development Committee Report No. 6-84, regarding Agreement with California Water Service Company, for Construction of a Major Water Line on Brundage Lane between Hayes and Mount Vernon Avenue was accepted. Approval of Agreement with California Water Service Company for Construction of a Major Water Line on Brundage Lane between Hayes and Mount Vernon Avenue Upon a motion by Councilman Barton, Agreement with Cali- fornia Water Service Company for Construction of a Major Water Line on Brundage Lane between Hayes and Mount Vernon Avenue was approved and the Mayor was authorized to execute. Councilman Payne, Chairmarl of the Governmental, Efficiency and Personnel Committee, read Report No. 9-84, regarding Feasibility of City Hall Storefront Field Office, as follows: On February 1, 1984, Mayor Shell requested that the City Council and staff investigate the feasibility of establishing a storefront field office on Lakeview Avenue. It was the Mayor's feelings that this field office would help in fostering good relations between the City and the people £n the Lakeview area. Since that time, the Governmental Efficiency and Personnel Committee has met with staff and requested that this feasibility study be conducted. As a result, Acting City Manager Richard Russell has surveyed the various City Departments and found that the Police, Building, Bakersfield, California, April ]], 1984 - Page 5 , 03 Planning, and Recreation Departments can make use of such a facility on a part-time basis and the Community Development and Economic Development Divisions on nearly a full-time basis. These two divisions can use this field office for implementing the Lakeview Strategy Plan as it will be much more convenient to those living in the immediate area. Last week, as part of the Lakeview Strategy Plan, the City purchased a building at 720 Lakeview Avenue. This building is scheduled eventually to be rehabilitated; however, with some repairs, it could be used on an experi- mental bas~s as a City Hall field office. The Community Development Division has esti- mated that it would cost $3,700 to carpet the facility, repair the bathrooms to a functional level, install two steel doors, and do minor interior and exterior painting and slgns. An additional $200 will be needed for phone installation, with $40 per month for phones and $60 per month for utilities. Funds are available for this project through the Community Development Block Grant. Tile Governmental Ef[iciency and Personnel Committee is in favor of this project, and we are recommending City Council approval on an experimental basis, with a full staff report back to the Council within six months as to the success or failure of this program. Councilman Childs made a motion to accept Report No. 9-84, regarding Feasibility of City tfal1 Storefront Field Office and approve recommendation to establish a City Hall Storefront Field Office on an experimental basis w~th a lull staff report back to the Council within six months. Councilman Ratty stated he did not realize the project would be so broad and far reaching. He was under the impression the project would consist of an enforcement presence to try to suppress crime in the Lakeview area. He asked for clarification on how the buildings and departments would fit into the area. It was also his impression the Lakeview Strategy was a process of buying property and relocating businesses and did not require personnel on a full- time basis. Acting City Manager Russell stated the primary purpose of the Field Oilice will be implementing the various programs the Community and Economic Development Departments have in progress now 304 Bakersfield, California, April 11, 1984 - Page 6 in that area. The Police Department has stated they can utilize the facility on a part-time basis to promote better community relations. It will be advantageous to the City to be able to work from within the Community. Councilman Childs stated he has had some concerns about establishing a storefront office, but would support the motion because it is on a trial basis. He was surprised that the different departments would be utilizing it and feels it will be good. In the past, when there were problems in that area, he asked to be allowed to set up an office so he would be available to the people in that community. He has received a lot of negative and some positive comments, but will support the project. In answer to a question by Councilman Christensen, Acting City Manager Russell stated the facility will be open three days per week from 8:00 A.M. to 5:00 P.M. The hours of operation will be expanded as the facility is utilized by other City Departments. In answer to a question hy Councilman Rockoff, Acting City Manager Russell stated criteria of success of the Storefront Field Office will be whether the people of the community utilize the facility and programs. The Community Development Department has staff working full time on the Lakeview Strategy Plan. In answer to questions by Councilman Moore, Acting City Manager Russell stated no additional personnel will be required to staff the Field Office and the approximate cost will be $3,700 rehabilitation of the building; $200 telephone hook up and $100 per month utility expenses. If the program does not prove success- ful, the building will be leased out. Councilman Payne stated he feels it is a generous, thought- ful and progressive effort on the part of the City to operate more effectively in the community, to open the lines of communication and to improve existing relations. He wholeheartedly supports the con- tents of the Committee Report. Bakersfield, California, gpril ll, 1984 - Page 7 :. 05 Councilman Christensen stated he felt this could very well be a meaningful purpose and is on a trial basis. If the program shows it can help the people in that community, he supports it. If it does not prove successful, it can be cancelled. In answer to a question by Councilman Rockoff, Acting City Manager Russell stated there would be a minimum of two employees in the field office at all times, beyond that, depending on the usage, there could be as many as six employees working out of the facility. Upon a motion by Councilman Childs, Governmental Efficiency and Personnel Committee Report No. 9-84, regarding Feasibility of City Hall Storefront Field Office was accepted; and establishment of a City Hall Storefront Field Office on an experimental basis, with a full staff report back to the Council within six months as to the success or failure of this program was approved. (a) (b (C (d (e) (f) CONSENT CALENDAR Allowance of Claims Nos. 4951 to 5057, inclusive, in the amount of $242,817.94. Claim for Personal Injuries from Barbara Elayne Gilio, 2715 Spruce Street, Bakers- field. (Refer to City Attorney) Claim for Damages from Kenneth Chris Rasmussen, c/o Attorney Michael J. Webb, 1314 ]7th Street, Bakersfield. (Refer to City Attorney) Ditch Fradication Agreement and Pipeline Easement from Aiice M. and Pierre Davin, to fill in and eradicate 600 feet of open ditch and substitute a reinforced concrete pipeline along the same easement, located at O]ive Drive just east of Co~fee Road. Street Right-of-Way Deed from Darling- Delaware Company, Inc., to accommodate construction of a main water line from Hayes Street to Mount Vernon Avenue along the south side of East Brundage Lane. Street Right-of-Way Deed from Robert N. and Nancy J. Metzler to provide additional right-of-way for cul-de-sac on "K" Street south of 2nd Street, as required for the development of property on "K" Street. Map of Tract No. 4254 and Improvement Agreement with Coleman T. and Rebecca G. Proctor, for construction of improvements therein, located on the south side of Pacheco Road and easterly of South Street. 3O6 Bakersfield, California, April 11, 1984 - Page 8 (h (i (J (k) (i) (m) Map of Tract No. 4600 and Improvement Agree- ment with Tenneco Realty Development Corp- oration for construction of improvements therein, located south of White Lane and east of Old River Road. Notices of Completion and Acceptance of Work on: Truxtun Avenue - Phase II, F.A.U. Project M-F 252(1), Contract No. 80-48, with Granite Construction Company. Parking Lot at Saunders Park, Contract No. 83-219, with Griffith Company. Resurface Portions of' Wilson Road, White Lane and Ming Avenue Medians, Contract No. 83-160, with James G. Francis. Tract No. 4647, Contract No. 83-174, with U.S. Homes, located at Deseret Way and Quailridge Drive. Parcel Map No. 6790, Contract No. 83-150, with Tenneco Realty Development Corpora- tion, located at Truxtun Avenue, east of Mohawk Street. Application for Encroachment Permit from YMCA of Kern County, 900 22nd Street, Bakersfield, for construction of a 5 foot high chain link fence behind the sidewalk area on 22nd, "O" and 23rd Streets at 900 - 22nd Street. Application for Encroachment Permit from Fred Clad, 1615 - 19th Street, Bakersfield, for construction of a canvas awning extend- ing 2 feet 10 inches over and 8 feet above the sidewalk at 1615 - 19th Street. Contract Change Order No. 2 to Contract No. 83-215 with Granite Construction Company for Resurfacing of Union Avenue and Manor Street, F.A.U. Project No. M-F 3007(2). This change order is necessary to add additional metal beam guard rail and upgrade existing guard rail to State standards. The cost of the change is $23,660.00 and total contract price, as a result of the change order, is $303,039.00. The work required by this change order has been authorized by the State Department of Trans- portatJon and is funded with Federal Aid Urban Funds. Contract Change Order No. 1 to Contract No. 83-90 with SIRA-ARIS Engineering for installation of a Second Influent Pump at Wastewater Treatment Plant No. 3. This Change Order is necessary to correct the alignment of an existing influent pump Bakersfield, California, tpril ll, 1984 - Page 9 (m) CONTINUED (n) d~scharge line which prohibited place- ment of the new pump. This condition was not apparent until construction had begun. The cost of this change is $1,745.28 and total contract price, as a result of this Change Order, is $47,127.28. Contract Change Order No. 2 to Contract No. 83-208 with GEN-PAR Construction, Inc., for construction.of Fire Station No. 3 "Saunders Park". This Change Order is necessary to provide a secondary exit for the F~re Station Dormitory. The cost of this change is $578.26, which increases total contract price to $301,854.26. Upon low bid of A.C. Electric Company, Traffic Signal System on Truxtun ~venue at Mohawk Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, low bid of ~icon Company, in the amount of $39,039.00, for Repafr Work on the Secondary Digester at Wastewater Treatment Plant No. 2, was accepted, all other bids rejected and the Mayor authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of James G. Francis, in the amount of $298,322.00, for Resurfacing Niles Street from Baker Street to Virginia Street and Baker Street from Southern Pacific Railraod to Bernard Street, was accepted, all other bids rejected and the Mayor authorized to execute the contract. Upon a motion by Councilman Childs, low bid of Granite Construction Company, for the Base Bid plus Unit A, in the amount of $101,840.00, for Resurfacing Haley Street between University Avenue Noes: None Absent: None ACTION ON BIDS a motion by Councilman Christensen, in the amount of $28,544.00, for Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), and (n), were adopted by the following roll ca]] vote: Ayes: Councilmen Rockoff, Barton, Childs, Christensen, Moore Payne, Ratty 3O8 Bakersfield, California, April ]], 1984 - Page 10 and Panorama Drive, and University Avenue between Columbus Street and Camden Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2910 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 properties ill the City of Bakersfield located between Lennox Avenue and Mohawk Street, approximately 1/4 mile west of California Avenue. The application for this amendment was made by Robert J. Matsumoto and would change subject property Family Dwelling - Hospital) Zone to an R-2 Dwelling), or more restrictive Zone. The Planning Commission ['rom an R-1-HOSP (One (I,imited Multiple Family recommended approval of this amendment. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2910 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning oC those certain properties in the City of BakersCield located between Lennox Avenne and Mohawk Street, approximately 1/4 mile west oC California Avenue, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs Christensen, Moore, Payne, Ratty Noes: None Absent: None 3608 on Mr. COUNCIL STATEMENTS Upon a motion by Councilman Childs Mr. Dick Boatwright, Granada Avenue, Bakersfield, was nominated to fill a vacancy the Board of Building Appeals. Councilman Ratty announced that he intends to renominate James S. Camp to the Planning Commission at the next Council Meeting. Bakersfield, California, April 11, 1984 - Page 11 : 09 HEARINGS This is the time set for public hearing before the Council to consider the revision of the City's Urban Development Action Gra:at Program expanding the area designated as eligible for projects funded through this program. The expanded area will include all of Census Tracts 14, 15, 16, 20 and 22, which encompasses the Lakeview and Ba[fer Street neighborhoods and Downtown. This hearing has been duly advertised. Economic Development Coordinator Kennon stated the Urban Development Action Grant Program (UDAG) is a Program of the Office of Housing and Urban Development (HUD) and basically is a gap-financing mechanism wherein cities that have certain levels of distress either as a general rule, or within pockets, are given UDAGs as grants, which are in turn loaned to a deve]oper in the private sector as a mechanisim of closing some gap in their ability to finance a development. The City's eligibility under the UDAG Pockets-of-Poverty is the issue being discussed tonight. The Pockets-of-Poverty concept is directed toward those cities which, in the over-all are not distres- sed and as a total city do not meet the requirements for UDAG designa- tion. For those cities that do have distressed areas or "pockets-of- poverty", each must meet all the various requirements of poverty, unemployment and low to moderate income levels. The core area of the City of Bakersfield is eligible for UDAG Pockets-of-Poverty designation. It is not an allocation source of funds are made available to competitive situation where a project type program where a certain a designated city. It is a is developed, app!icat~ons are made, and then competes with other cities that would have similar kinds of projects. It requires very careful structuring, and a com- mitment or declaration that this financial gap cannot be filled through conventional means. It is an 80 - 20 matching grant which requires the local jurisdiction to put up 20% of that gap. It 7~,o of the jobs created within rsquires firm commitments relative to =~ the preject must be accessible to the low to moderate incolDe 310, Bakersfield, California, April 11, 1984 - Page 12 individual. Fifty-one percent of all .jobs created by any project underwritten by UDAG must be filled by residents within the pockets- of-poverty area. Basically, at this point in time, a competitive UDAG Project has a leverage of six to one, meaning, for every UDAG dollar there must be $6.00 of private sector, or local money put int9 the project. At this point in time, $6,000 per job is the basic type of leverage in terms of jobs. For every job, generally, the project would be eligible for $6,000 in a UDAG Grant. structure did not meet those requirements, it would not tire project. The request tonight is for Census Tract to be added to what is presently designated as one pocket-of-poverty. This would increase the population base for UDAG applications to provide some opportunity for major projects and the possibility of those benefits then being utilized by people living in Census Tract 20 and 22 Areas. Additionally, tax increments are used by the Redevelopment Agency for its revitalization effort in the Downtown Central City area. This would weigh very positively in consider- ing the benefits and competitiveness of a UDAG project. In answer to a question by Councilman Childs, Economic Development Coordinator Kennon stated there are two primary criteria for pockets-of-poverty; that 30% of the population of a Census Tract be below the provetry level, low or moderate income level. tion is below poverty level, If the project be a competi- 16 and 14 a population of approximately 1,500 and encompasses California Avenue north to Golden State Avenue, and Union Avenue west to "H" Street. It is largely a commercial area. In answer to a question by Councilman Payne, Economic Development Coordinator Kennon stated it is difficult to measure the direct benefit to persons living in the area, but given a hypo- thetical project, anywhere within the pocket-of-poverty, 5~% of the jobs created by the project must be filled by residents of that area. Seventy-one percent of the jobs must be accessible to resi- dents of the pocket-of-poverty. The.re is a direct benefit of jobs and that 70% of the population must be In Census Tract 16, 35% of the popula- 789 is low or moderate income, has Bakersfield, California, April ]1, 1984 - Page 13 gll created by the projects. Housing and commercial centers are eligible projects under UDAG. Office developments are not eligible projects. The individual project would have to be approved by the Council. The 20% contribution can be handled in several ways;by the developer, tax increments, other grants or loans, or possibly Community Develop- ment Program Funds, etc. Where the additional monies come from would be part of the structure of the project. If, after a diligent effort to fill the jobs with people from the area, the developer is unsuc- cessful, a declaration to that affect can be completed and a search conducted elsewhere to fill those jobs. The City of Bakersfield ha~s never received UDAG money. In answer to a question by Councilman Childs. Economic Development Coordinator Kennon stated UDAG Projects are difficult to put together. The inclusion of Census Tract 16 is an effort on the City's part to broaden its' economic and population base, thus enhancing its ability and opportunity to put together a project. It would also be worthwhile if a major project Downtown, or on Baker Street was developed. This would directly benefit the residents of Census Tract 22. A developer with limited resources and capabilities will not be attempting a major project. For example, in terms of developing a small project in another area of the City will receive assistance from UDAG. look to see what is going on in redevelopment and growth, it is smaller developer must meet the the Lakeview Area, a major project in not hinder that developer's ability to One of the issues of UDAG is they the rest of the City. If there is considered positive to a UDAG. A criteria for his particular project. Mayor Shell declared the hearing open for public partici- patton. Mrs. Martha Walters, 3301 Dwight, that the Downtown Area, Census Tract 16, ~s stated she has concerns being referred to as a proverty area, and that the City is contemplating providing jobs for persons who are transient and only passing through the City. She objects to any government sponsored competition with any private 312 Bakersfield, California, April 11, 1984 - Page 14 enterprise in any way and urged the Council to do the same. In answer to a question by Mrs. Walters, Economic Develop- ment Coordinator Kennon stated the Redevelopment Agency is required to provide 20% of its' tax increments toward low income housing for areas added after August 1979. The Redevelopment Agency is, on a yearly basis, contributing 20% of the increments collected from those particular areas, and intends, once they attain a significant level, to use those for some type of housing program. The Redevelop- ment Agency has not displaced any residential units in the redevelop- ment area, therefore, is under no legal requirement at this time to provide replacement housing. One of the major goals of the Redevelop- ment Agency is housing downtown and is currently attempting to put together a project to address that issue. There is no UDAG Project being considered at this time. Reverend Ralph Anthony, President of the Lakeview Community Development Corporation stated his group has met with the Community Development Department regarding a project they want the City to consider. They would like to meet with a Council Committee regard- ing their project, which is a supermarket~on East California and Lakeview Avenue. They are seeking help for rehabilitation, acquisi-- tion and equipment in the amount of $150,000. Acting City Manager Russell stated that the Lakeview Community Corporation's request is for funding out of the Block Grant Program. They have met with staff and will be referred to a Council Committee. This request has nothing to do with the UDAG Program. Councilman Childs indicated he would check on the status of Lakeview Community Development Corporation's request and advise Reverend Anthony. No further protests or objections being received, and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Bakersfield, California, April ll, 1984 - Page 15 Council m~n Moore made a motion to approve the City's Urban Development Action Grant Program expansion to include all of Census Tracts 14, 15, 16, 29 and 22, which encompasses the Lakeview and Baker Street neighborhoods and Downtown. Councilman Childs stated he still has concerns about Census Tract 16 being included in the UDAG designation. He understands and is relying on staff's interpretation that if Census Tract 16 were removed, another Census Tract would have to be removed and therefore, the City may not qualify ~or UDAG. He would, in the spirit o~ harmony, support the motion. Councilman Moore's motion to approve the City's Urban Development Action Grant Program expansion to include all of Census Tracts 14, 15, 16, 20 and 22, which encompasses the Lakeview and Baker Street neighborhoods and Downtown, was approved. Councilman Christensen stated, for the record, he was voting in the negative because Census Tract 16 was included in the expansion. This is the time set for public hearing before the Council to consider approval of revisions in the City's Fiscal Year S3-84 Community Development Block Grant Program. Specifically, the "Commercial Rehabilitation Program" will be changed to "Economic Development Program" with the funds originally designed for commercial rehabilitation made available for other uses. This hearing has been duly advertised. The goals of the program will be broadened to allow those activities which assist in developmont and expansion of the economic base of the City. Consideration will also be given to changing the location of the activity from within specific census tracts to with.- in City Limits. Preliminary discussions with the HUD representative indi- cated the need for a public hearing to affect the proposed program changes. Subsequent review of the final documents by HUD indicates, however, that the proposed changes comply with the existing Plan and application and therefore, a public hearing is not required. 314 Bakersfield, California, April 11, 1984 - Page 16 Mayor Shell declared the hearing open for public partici- pation. 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 Rockoff, public hearing before the Council to consider approval of revisions in the City's Fiscal Year 83-84 Community Development Block Grant Program, specifically, the "Commercial Rehabilitation Program" will be changed to "Economic Development Program" with the funds original]y designated for commercial rehabilitation made available for other uses, was cancel- led by the following roll call vote: Ayes Councilmen Rockoff, Barton, Childs, Christensen, Moore mayne Ratty None None Noes Absent: Reverend Ralph Anthony, President of Lakeview Community Development Corporation, stated he is requesting funds and assistance from the Community Development Department for the rehabilitation of a supermarket. He would like to be sure there will be funds available for his project and that that request be referred to the proper Council Committee. Acting City Manager Russell stated he could not answer whether or not there wil~ be funds available for this project, because he does not know, at this point in time, whether this project will be approved. There are some problems and staff has not had the opportunity to go over all the figures. There is, however, money available in the Rehabilitation Program for this type of project. Councilman Childs stated he would check on the status of the Lakeview Community Development Corporation's request and advise Reverend Anthony. Councilman Childs made a motion that the Commercial Reha- bilitation and Economic Development Programs be referred to the Growth and Development Committee for study. Bakersfield, California, April 11, 1984 - Page 17 In answer to a question by Councilmarl Rockoff, Acting City Manager Russell stated there is a Growth and Development Committee Meeting on April 12, 1984~ and does not feel a two week delay will cause problems with existing programs. Upon a motion by Councilman Childs, Commercial Rehabili- tation and Economic Development Programs were referred to the Growth and Development Committee for study. NEW BUSINESS Adoption of Resolution No. 25-84 of the Council of the City of Bakers- field accepting the Substituted Park- ing Facility. Upon a motion by Councilman Christensen, Resolution No. 25-84 of the Council of the City of Bakersfield acceptling the Sub- stituted Parking Facility was adopted by the following roll call vote: Ayes Noes Absent: Councilmen None None Rockoff, Barton, Childs, Christensen, Moore, Payne, Ratty Approval of Request to declare surplus City owned property located adjacent to the southerly right-of-way line of State Route 178 between Baker Street and King Street. This property located adjacent to the southerly right-of- way of State Route 178 is Zoned R-3 and C-1. This site was received from the State, through relinquishment, in June of 1971. The Planning Commission has reviewed the request and has determined that the pro- posal to sell the property is consistent with the General Plan. Upon a motion by Councilman Christensen, request to declare the property adjacent to the southerly right-of-way of State Route 178 between Baker Street and King Street, was approved and Finance Operations Manager was authorized to sell at the highest bid. Approval of 1984-85 Domestic Water Enterprise Budget 316 Bakersfield, Cali£ornia, April ll, 1984 - Page 18 The Domestic Water Enterprise Budget for 198,i-85 is comprised of the "Estimated Revenues and Expenses" sheet, "Proposed Capital Expenditure Program" sheet, and is accompanied with explana- tion notes. The Budget reflects an estimated growth rate of l0 percent in new customer accounts in the Fiscal Year 1984-85 and no rate increases are forecast. The Water Board considered this Budget at its' meeting which was held on April ll, 1984. Upon a motion by Councilm:~n Moore, 1984-85 Domestic Water Enterprise Budget was approved. Approval of 1984-85 Agricultural Water Enterprise Budget The Agricultural Water Enterprise Budget consists of the Operations, Capital Outlay and Water Price Schedule for 1984-85. Prices for Kern River water reflect current below-normal water supply conditions forecasted for the Kern and would promote maximum use of surface water for direct irrigation. This 1984-85 Budget was reviewed by the Water Board on April 11, 1984. Upon a motion by Councilman Moore, 1984-85 Agricultural Water Entrpise Budget was approved. CLOSED SESSION Upon a motion by Councilman Christensen, the Council recessed to a Closed Session at 8:45 P.M., to discuss personnel matters. The regular meeting was reconvened at 9:10 P.M. ADJOURNMENT There being no further business to come before the Council[, upon a motion by Councilman Moore, the meeting was adjourned at 9:1] P.M. YOR ~ th~ty of B~kersffield, Calif. ATTEST: CIT~ERK and Ex Officio Clerk of-the Council of the City of Bakersfield, California CW Bakersfield, California, April 25, i984 :217 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Ball at 7:00 P.M., April 25, 1984. The meeting was called to order by Mayor Shell, followed by Presentation of Co/ors by the Highland High School Marine R.O.T.C. Unit, Pledge of Allegiance and Invocation by Police Chief Robert Price. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Absent: None Minutes of the regular meeting of April ll, ]984, were approved as presented. PRESENTATION Mrs. Bettie Wells, Beautiful Bakersfield Committee, introduced Mr. Roy Carver, Carver Development Company, who was responsible for the initial funding for the processing of the City Flag. Mr. Roy Carver presented the City Flag to the Mayor, who accepted it on behalf of the City of Bakersfield. Bettie Wells presented a City Flag to Mr. Carver, who erected a third flag pole on the Stockdale Tower when it was built. Mr. Ken Mettler, representing Bakersfield West Rotary, the first organization to purchase a City Flag, presented Council- man Ratty with a flag to fly over the Civic Auditorium. Mrs. Wells presented a plaque to Mr. Rick Alton, designer of the City Flag. SCHEDULED PUBLIC STATEMENTS Nancy Bailey, 3500 Grassotti Court, #6, stated she felt there is something wrong with the system when a City Police Com- missioner has to resort to suing the City to get a fair and open hearing and requested that the Council form a committee to study the need for and implementation of a Police Review Board. SiS Bakersfield, California, April 25, 1984 - Page 2 Councilman Childs stated, at the present time there is not a Police Review Board, however, a Police Liaison Committee has been formed recently. They have been looking into the Police Department's policies and procedures and trying to implement some changes. They are concerned with the safety of the Police Officers and citizens. Councilman Payne stated it appears Ms. Bailey is becoming a champion of radical causes. First with her demand for Gay and Lesbian Rights Legislation and now a request for a Civilian Review Board. Councilman Payne stated he believes the very concept of a Police Civilian Review Board undermines morale, spirit and the effectiveness of local law enforcement. It puts civilians or laymen, primarily with an axe to grind, in a position of being condoned in their "Monday morning quarterbacking" of the City's Police Department. He will continue to vehemently oppose a Police Civilian Review Board. Police Chief Price reviewed the procedures and laws that must be followed and adhered to, and are available to all citizens, who have a complaint against a Police Officer. During discussion Mr. Carlos Lopez stated there are many factions of the community that are concerned with Police conduct. Councilman Barton stated the present methods for reviewin~ Police matters are the proper methods to handle these situations and he cannot support a Police Review Board. Dr. Norman M. Walters, 330] Dwight Street, stated he would not like to see the Chief of Police have to defend the actions of his department. There are lots of laws and procedures that have to be followed. Some officers are criticized and that does not mean they are guilty. When citizens make a complaint it is listened to, records are kept, interviews are conducted and officers Police Officers are always under scrutiny by the public so a Review Board can be justified. That does not make morale. reprimanded. for flaws. for good The City has a good system now, it works well and Police Bakersfield, California, April 25, 1984 - Page 3 :319 Officers not stay are well taken care of. When a bad apple appears they do in the department very long. Mr. Carlos Lopez, Vice-Chairman of the Criminal Justice Committee of the Mexican American Political Association, stated they do not accept the position that there was no wrongdoing in the Lopez' shooting and they do not feel it was justified. It is their opinion that the Council should request an outside review of the incident. Quinton Smith, Sergeant in the Bakersfield Police Depart- ment, stated he is worried about the misinformation given to the Council tonight regarding termination of Police Officers for wrong- doing. He does not feel a Civilian Police Review Board is the proper way to police Police Officers. City Attorney Oberholzer stated that unless the Council feels there was some wrongdoing on the part of the Police Depart- ment, that individual citizens have the right to go to the District Attorney, Attorney General's Office or other law enforcement agencies which have the authority to investigate these matters. Councilman Childs made a motion that Mr. Lopez' request be referred to the Governmental Efficiency and Personnel Committee for study and recommendation. This motion failed to carry by the following roll call vote: Ayes: Councilman Childs Noes: Councilmen Barton, Christensen, Moore, Payne, Ratty, Rockoff Absent: None CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from William L. Poston, 1008 - 34th Street, received April 17, 1984, expressing his views on the Garces Traffic Circle, was received and referred to the Public Works Department. Upon a motion by Councilman Moore, communication from Jim Boylan, received April 20, 1984, requesting establishment of 320 Bakersfield, California, April 25, 1984 - Page 4 a Maintenance District Jenkins and Renfro Roads, was received and referred to staff appropriate action. Upon a motion by Councilman Rockoff, communication Kenneth W. Kind, Attorney at Law, 1715 Chester Avenue, Suite dated April 19, 1984, Solid Waste Disposal Works Department. located south of Stockdale Highway between for from 300, regarding City of Bakersfield/County of Kern Site, was received and referred to Public Upon a motion by Councilman Ratty, communication from the Bakersfield Art Commission, 1930 "R" Street, dated April 23, 1984, requesting Council approval of changes in their Rules and Regulations and renewal of their agreement with the City of Bakers- field, was received and referred to the Auditorium and Community Services Committee. was moved time. Suite reduction of right-of-way on 25th Street between "O" and "P" Streets, was received and referred to the Planning Commission study and recommendation. Upon a motion by Councilman Barton, Deferred Business forward on the agenda and will be considered at this Upon a motion by Councilman Ratty, communication from Williams of Catosella, Dunbar and Williams, 900 24th Street, 101, dated April 18, 1984, requesting abandonment and/or DEFERRED BUSINESS Deferral of action on an Ordinance of the Council of the City of Bakersfield amending Section 17.53.051 of the Bakersfield Municipal Code relative to Site Plan Review Policies and Objectives. This Objectives for or disapproving policies presently the case. for ordinance provides Site Plan Review Policies and the Council to adopt, rather than merely approving adopted by the Planning Comm~ission, as Bakersfield, California, April 25, 1984 - Page 5 A revision to the Site Plan Review Policy for Major Retail Projects was proposed by the Council's Growth and Develop- ment Committee and approved by representatives of the local Development Committee. This revision was to be considered at the Planning Commission's meeting of April 19, 1984, however, the matter has been continued until June 21, 1984. If the Planning Commission adopfs the revision this ordinance will not be necessary. Upon a motion by Councilman Barton, action on an Ordinance of the Council of the City of Bakersfield amending Section 17.53.051 of the Bakersfield Municipal Code relative to Site Plan Review Policies and Objectives, was deferred until the Council Meeting of June 27, 1984, by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Noes: None Absent: None COUNCIL STATEMENTS Councilman Ratty made the following statement: On April 16, 1984, Police Commissioner William McCullough served a $2,000,000 claim on the City of Bakersfield as a result of a Police felony car stop in which he was involved. After Mr. McCullough was identified and proceeded on his way, he wasted little time contacting the news media to publicly w~ice charges of mis- treatment, motivated by race, against the Bakersfield Police Department. On Several occasions he intimated that he should have received different treatment because he was a Civil Service Commissioner. He has publicly ridiculed and criticized the officers who were properly carrying out the duties of their office. The City Council, Police Chief and staff have done everything practically possible in order to explain the occurrence. We agreed to the procedures to meet with Mr. McCullough and the community and cooperate w~th any agency that had an interest in this matter. None of these things satisfied Mr. McCullough and now he wants $2,000,000 from the taxpayers of this City. In addition, it has been heard that he may have attempted to use the contacts on the Civil Service Commission to get an appointment 322 Bakersfield, California, April 25, 1984 - Page 6 for his daughter with the City. It appears Mr. McCullough wants to operate by double standards when dealing with the City. It is inconceivable that Mr. McCullough can function as a Police Commissioner, dealing with promotions and appointments of Police Officers, when he contends, in his claim, that the Police Officers are violating his civil rights. It is not fair to the members of the Police Department to have a man determining their future who has publicly and openly expressed Anti-Police Officer sentiments. For these reasons, I wou~d make a motion that the Council go on record with a vote of no confidence in Mr. McCullough as a Police Civil Service Commissioner and request that he resign, so the Council can restore in the Police Officers the confidence that they will receive a fair and unbiased opportunity for future advancement. In answer to a question by Mayor Shell, City Attorney Oberholzer stated the Commissioner has to either w)luntarily resign or be recalled, pursuant to the City Charter. Recall can only be done by a petition and vote of the general electorate. Councilman Ratty's motion is simply a request for Mr. McCullough to resign and a vote of no confidence by the-Council. Councilman Childs stated the Council never gets involved in matters that have been turned over to the City Attorney's Office. The individual has decided to sue the City of Bakersfield and the City Attorney's Office should be the spokesman in this matter. He was advised that, if ~{r. McCullough filed a suit the Council should not comment on it. Councilman Christensen stated he must the law. The courts should decide who is right. Councilman Ratty's motion, because he believes in sustaining the law. honor and uphold He will oppose honoring and are correct, in past actions by the Council, but there has never been an individual in such a delicate, sensitive and influential position in the past that has actually filed an active suit against the City. The position Mr. McCullough is Jn now could severely Councilman Payne stated Councilmen Childs and Christensen Bakersfield, California, April 25, 1984 - Page 7 223 impact the future and effectiveness of members of the Bakersfield Police Department. For that reason it is imperative that he resign as soon as possible. Councilman Ratty stated Mr. McCullough is only being requested to resign. It is a tremendous conflict of interest when Mr. McCullough is suing the very body he is suppose to represent. City Attorney Oberho]zer stated the City Attorney's Office will handle the legal portion of this matter. The Council is talking about a compatibility of office and not a conflict of office issue. Councilman Ratty has raised a compatibility of office issue and not a conflict of office issue. Councilman Childs stated he hopes the Council realizes what it is doing. If this motion passes it is not only asking Mr. McCullough to resign, it is also going to have other factions down here requesting that the Chief of Police be fired. When this was brought before the Council, prior to tonight's meeting, when the Police Association and citizens from the First Ward were in the audience, it was a foregone conclusion that one group would ask Mr. McCullough to resign and the other group would ask the Chief of Police to be fired. In asking Mr. McCullough to resign it will set this issue back many years and be a disservice to the City and he strongly objects to it. During discussion, Councilman Childs offered a substitute motion that the Council wait until a legal action is f~led by Mr. McCullough before Councilman Ratty's motion is considered. This motion failed to carry by the following roll call vote: Ayes: Councilmen Childs, Christensen Noes: Councilmen Barton, Moore, Payne, Absent: None with a vote of no confidence Councilman Ratty's motion that in Mr. Ratty, Rockoff the Council go on record William McCullough as a Police 324 Bakersfield, California, April 25, 1984 - Page 8 Civil the following roll call Service Commissioner and request that he resign, carried by vote: Moore. Payne, Christensen Ayes: Councilmen Barton, Noes: Councilmen Childs, Absent: None Ratty, Rockoff Councilman Childs qualified his negative vote by stating, that he feels the Council is doing a disservice to the City of Bakersfield, Police Chief and all Police Officers by this motion. Councilman Christensen qualified his negative vote by stating, a man cannot be convicted until proven guilty, nor can a man be convicted when he has not filed a suit. Councilman Christensen stated he had to vote no, he had no choice, and he believes in the Police Department one-hundred percent, has sus- line and still feels they are a wonderful rained this down the organization. Councilman Childs requested that a communication he received from Doris C. Williams, 1030 Chester Place, dated April 17, 1984, regarding rezoning the Lowell Addition, located south of California Avenue between Chester Avenue and Union Avenue, be referred to staff. Upon a motion by Councilman Moore, staff was directed to maintain a log of visitors (time entering and leaving, who they see and subject matter discussed), at the Field Office in the First Ward in order to determine the type of utilization and concerns being brought up. Councilman Moore commended Fire Chief Needham and staff for the three day Emergency Preparedness Program that is going on at the present time. There are a lot of areas that need to be addressed to be prepared, adequately, for some emergency. In answer to a question by Councilman Moore, Assistant City Manager-Finance Higginbotham stated the budget request from the S.P.C.A. will automatically go to the Budget and Finance Committee. Bakersfield, California, April 25, 1984 - Page 9 Upon a motion by Councilman Payne, Evelyn Chatman, 1500 Longway Lane, was appointed to the Citizens Advisory Committee of the Martin Luther King, Jr., Community Center, replacing Ruben Duran. Upon a motion by Councilman Barton, Councilman Childs was granted permission to attend a Seminar in Sacramento on May 3 and 4, 1984, regarding State and Local Government Finance Funding. In answer to a question by Councilman Christensen, Councilman Rockoff stated tomorrow the Budget and Finance Committee will be discussing the recommendations regarding Council expenses. Mayor Shell declared a brief recess at 8:40 P.M. and reconvened the meeting at 8:50 P.M. Upon a motion by Councilman Moore appeal hearing of Benjamin Phipps was moved forward on the agenda to be heard at this time. HEARINGS This is the time set for public hearing before the Council on an Appeal by Benjamin Phlpps to the decision of the Board of Zoning Adjustment denying his application for a Conditional Use Permit to allow an additional detached single family dwelling, for a total of two dwellings, on the front 11,400 square feet, plus or minus, R-1 (One Family Dwelling) zoned portion of lot. The remaining westerly 26,800 square feet, plus or minus, of the lot is zoned R-3 (Limited Multiple Family Dwelling), on that certain property commonly known as 1001 Oleander Avenue. This hearing was duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mr. Roger Mcintosh, representing Benjamin Phipps, stated the project consists of adding one single family detached house on a piece of property that has under construction another single family dwelling. The frontage on this property is approximately 326 Bakersfield, California, April 25, 1984 - Page 10 95 feet and there are other parcels in the area that are below 50 feet that have the same advantage that would be allowed to Mr. Phipps. They are only requesting a Conditional Use Permit to allow construction. that can be taken, such as, a lot split. The 11,400 square feet area is just under the 12,000 required for two lots. They are If this is not granted there are other avenues requesting that the Conditional Use Permit be granted. Mr. Benjamin Phipps, applicant, stated there are three lots directly north and two are 45' x 120' and one is 54' x 120' The house he proposes to build is the same width as the houses on the lots directly north. They are in the process of building apart- ments on the rear of this lot and he feels the proposed house would do more justice to the overall project and aesthetics of the neighborhood than leaving it out, because it will hide the apart- ments. The real opposition is to the apartments, however, the zoning was on the property before he purchased it from Mr. Crites. He plans to convert the apartments to condominiums at a later date. Mr. Phipps reviewed some of the adjacent apartment units and empty lots that have caused problems to the neighborhood. Mr. Phipps requested that the Council overturn the decision of the Board of Zoning Adjustment and allow the additional house to be built on the property. Mrs. Margaret Ursin, 929 Oleander Avenue, stated her home is directly south of the property in question. For the last 16 years they have had to put up with weeds, fallen trees, hippies, motorcycles, cars and trash on that lot while it was vacant. She felt the property owner should be responsible for their property, whether it is a vacant lot or not. Mr. Phipps is not concerned about the neighborhood because they have had to call the Fire Department to have weeds removed from the property. The parcel in question is a large lot that is zoned R-1 for the first 122 feet and R-3 on the back portion. Mr. Phipps is building the maximum number of apartments (20),with the minimum number of parking spaces Bakers£ield, California, April 25, 1984 - Page (37), and that will not allow a play area for children. Mrs. Ursin outlined the history of the zoning on Oleander Avenue and stated she is representing all of the people in the neighborhood who signed the petition (containing 165 signatures), in opposition to the building of two houses on the R-1 zoned portion of the property. In answer to a question by Mrs. Ursin, City Attorney Oberholzer stated in order to split the lot Mr. Phipps would have to go back to the Planning Commission for a hearing. If the lot split was allowed by the Planning Commission, the City Attorney indicated it would be a substandard lot. Mrs. Ursin felt the apartments and one house will have a significant impact on traffic, parking, noise and safety of the children in their neighborhood, which is basically residential. Mr. John Howe, 827 Oleander Avenue, stated he bought on Oleander Avenue because the area is beautiful, has invested a large amount of money in his property and would hate to see that invest- ment slide backwards. He felt that allowing the 20 apartments on the property in question was poor planning and the Council should be more progressive with their planning. Mr. Howe requested that the Council deny the Conditional Use Permit for the additional home. Mr. Mike l{cCoy stated he is currently working with the Redevelopment Board to assess historical property in Bakersfield and owns a home on Oleander Avenue. Mr. McCoy stated the property owner has crammed the maximum number of units on this lot. This is a very unique area and this development does not enhance the area. He urged the Council not to allow any more construction on that site. Mr. Lee Farrell, 2201 Sunset Avenue, stated Oleander Avenue is the most beautiful part of Bakersfield and he would like to see it remain that way. Mr. Farrell expressed his concerns with the parking and safety of the children in the area.. 328 Bakersfield, California, April 25, 1984 - Page 12 Mr. Mark Ursin, 929 Oleander Avenue, stated he has lived at thai address most of his life, the area is beautiful, has a great historical past and expressed his concerns with the develop- ment directly north of his parents property. Mr. Ursin expressed his concerns about the fires in the neighborhood and urged the Council to deny the Conditional Use Permit. Director of Fire and Development Services Needham, in answer to a question by Mayor Shell, stated he would not allow the construction of the buildings if he felt the fire protection was not sufficient. The City required that an access easement be dedicated through the R-1 property to the apartments, so there would be proper access to the area. City Attorney Oberholzer stated the issue before the tonight, is not the apartments or any of the uses put in Council, that are consistent with the zoning. Council is the additional house on a Use Permit. The only issue before the lot requiring a Conditional Mrs. Connie Farrell, 2201 Sunset Avenue, acknowledged that Mrs. Ursin explained that the petition could only address the second home on the property in question and they could do nothing about the apartments. Mr. Michael McCarthy, 816 "C" Street, stated he signed the petition, not because of the apartments or fire protection, but because it will scare people from purchasing property and the area could go down hill. Mr. Richard Ursin, 929 Oleander Avenue, stated if this is granted there will be two homes on R-1 property for the purpose of renting. It will cause additional traffic problems and create two more substandard lots. The line has to be drawn somewhere. No further protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, April 25, 1984 - Page 13 129 After a lengthy discussion, Moore, application by Benjamin Phipps for a Conditional to allow an additional detached single family dwelling, of two dwellings, on the front ll,400 square feet, plus of the R-1 (One Family Dwelling) zoned portion of a lot upon a motion by Councilman Use Permit for a total (the re- maining westerly 26.800 square feet, plus or minus, of the lot is zoned R-3), commonly known as 1001 Oleander Avenue, was denied by the following roll call vote: Ayes Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Noes None Absent: None REPORTS Councilman Barton, Chairman of the Growth and Development Committee, read Report No. 7-84 regarding Combining of Commercial Rehab Program Into Economic Development Program, as follows: On April 12, 1984, this Committee met, at the request of the Council, to discuss the present status of the Commercial Rehabilitation Program and any impacts to that program that may result from restructuring the Economic Development Program during the next program year. As discussed at the last Council Meeting, staff has proposed that the Commercial Rehab Program be incorporated into the "Economic Development Program." This action would not result in any loss of monies for the Commercial Rehabilitation activities, as this program would continue to be an important part of the Economic Develop- ment Program. At present, there is approximately $300,000 on deposit with our participating lender that will be used for the Commercial Rehab Program. There are presently several projects that are being developed that would require commitments of approximately $125,000 of this $300,000. The remaining $175,000 will continue to be used for the Commercial Rehab Program. Under the present manner in which we are lever- aging this money, this would amount to approxi- mately $400,000 in Commercial Rehab loans. Given the current level of activities, it is assumed that adequate resources would be avail- able to continue the Commercial Rehab Program without interruption. An additional $150,000 330 Bakersfield, California, April 25, 1984 - Page 14 has been programed for 1984-85. Under the Economic Development Program, as it is being proposed, these monies would be available for use as Economic Development Projects or Commercial Rehab. This change would allow emphasis on the develop- ment of major Economic Development Projects such as the Westminster Project and would allow some additional activities in long-range economic development planning, job and business retention, and enterprise zone planning and development. It is, therefore, our opinion that the changes proposed by staff do not impact the Economic Development Division's ability to carry out its Commercial Rehab Program. It will, in fact, strengthen other areas of economic development that are important for maintaining the City's growth and vitality. Upon a motion by Councilman Barton, Growth and Develop- ment Committee Report No. 7-84 regarding Combining of Commercial Rehab Program Into Economic Development Program, was accepted. Councilman Barton, Chairman of the Growth and Development Committee, read Report No. 8-84 regarding Proposed Transitway, as follows: At a recent Golden Empire Transit District meeting, a report was submitted and approved by the District's Board of Directors. This report, in essence, calls for an audit of the Transit District's funding for the next five years in order that they will better understand any proposed route changes for the system, past statistical information, and a projection of the future needs of the system. It is antici- pated that this audit will take up to six months to complete. Upon completion, a cost-effective analysis will be performed on all proposed capital projects using the audit as a guide. This audit, and the cost-effective analysis, has a direct influence on the proposed Chester Avenue Transitway in that any further considera- tion of this project will be delayed for at least six months. This issue, coupled with problems in the Transit District's proposed Hemorandum of Understanding with the City on the operation of the Transitway, led to a meeting held recently between the City's Growth and Development Committee and a committee of the Transit District. This proposed MOU, as submitted by the District, is contrary to City Council action, which was taken in September of last year. At that time, the Council voted in support of the Transitway concept; however, this support was contingent Bakersfield, California, April 25, 1984 - Page 15 upon the City and the Transit District entering into an agreement containing terms and conditions acceptable to the City. To date, the District's proposals are unacceptable in that the design of the Transitway is left entirely up to the District, there are no restrooms mentioned in the agreement, the security and maintenance are on a shared basis between the District and the City, and the transfer point dwell time would not be reduced to loading and unloading only. Since there have been recent changes in the Transit District Board and the City Council, the Growth and Development Committee is recom- mending that the City Council rescind the action which was taken in September, 1983, supporting the Transitway concept. We are of the opinion that both the City and the Transit District should review the results of the Transit audit in six months, at which time we will be in a better position to make long range plans for the City's transit needs. It is also this Committee's request that the Transit District Board consider, in the transit audit, options of developing off- street transfers. Upon a motion by Councilman Barton, Growth and Develop- ment Committee Report No. 8-84 regarding Proposed Transitway, was accepted; Council action taken in September, 1983, supporting the Transitway concept, was rescinded: the City and Transit District will review the results of the Transit audit in six months; and the Transit District Board is requested to consider, in the Transit audit, options of developing off-street transfers, by the following roll call vote: Ayes Noes Councilmen Barton, Christensen, Moore, Payne, Rockoff Councilman Ratty Absent: None Abstaining: Councilman Childs City Attorney Oberholzer presented a report regarding Failure of Cox Cable to Comply with Franchise Agreement, as follows: Pursuant to previous direction of the City Council's Budget and Finance Committee, the City Attorney's Office commenced review of the Cox Cable franchise for the purpose of re- negotiating certain terms and conditions of the 50-year agreement. During the course of the review, it was determined that the payment made by Cox Cable Communications for its franchise fee for 1983 was short in the amount of approxi- mately $56,000. 332 Bakersfield, California, April 25, 1984 - Page 16 On March 7, 1984, the corporate office of Cox Cable was notified of the deficient payment. Although no response was made by the corporate office, Mr. McNally from the local office of Cox Cable responded essentially refusing to make any further payment, contending that Cox was not obligated to do so. The shortage arises frem Cox's interpretation of the franchise agreement that was adopted in 1965. That agreement provides that the franchise did not include pay television over the cable system. It did include the provision that Cox was required to pay 3% of its gross revenue derived from the cable television operation. Subsequent to the 1965 agreement, the provisions excluding pay television was struck down by the courts, It is the contention of the City Attorney's Office that cable tele- vision franchise, pursuant: to court decisions, now includes the basic programming and pay television. Cox contends that pay television is included in the franchise, but refuses to interpret 3% of gross receipts as including receipts from pay television. Consistency requires that Cox pay 3% of the gross of their cable television service as required by Section 14 of the franchise agreement. Section 3 of the franchise agreement provides that the franchise may be terminated by the City Council after notice and hearing if the Grantee fails to comply with any provision in the franchise agreement. Thirty day's notice of such hearing for termination must be given to the Grantee. It is, therefore, the recom- mendation of the City Attorney's Office that Cox Cable be served with 30-days' notice of termination proceedings for failure to pay the franchise fee established by Ordinance No. 1552 and that a hearing be set on June 6, 1984, for the purpose of proceeding with the termination of the franchise agreement. Councilman Christensen made a motion that the report from the City Attorney regarding Failure of Cox Cable to Comply with Franchise Agreement, be accepted; Cox Cable be served with a 30-days' notice of termination proceedings for failure to pay the franchise fee established by Ordinance No. 1552; and hearing for the purpose of proceeding with the %ermination of the franchise agreement be set for June 6, 1984. Councilman Payne asked if this matter can be mitigated during the 30-day notice period to Cox Cable. City Attorney Oberholzer stated if Cox Cable were to comply with the franchise agreement within the 30-day period, then Bakersfield, California, April 25, 1984 - Page 17 a hearing would not be necessary, because there would be no grounds for termination proceedings. Councilman Rockoff stated he would like to see this matter referred to the Budget and Finance Committee for discussion during the interim period. Councilman Christensen was requested to amend his motion to state that during the 30-day period this matter be referred to the Budget and Finance Committee for discussiens with the City Attorney and Cox Cable. Councilman Christensen stated he would include that in his motion. In answer to questions by Councilman Ratty, Mr. Terry McNally, General Manager of Cox Cable, stated it is their inter- pretation of the agreement that it stipulates basic revenues are the only thing they pay franchise fees on, which is pretty well cut and dried. In some of their other agreements it states total gross revenues of subscriber receipts and, as such, that could be construed, at a later point in time, to include pay television revenues. In this case, they do not believe there was ever a striking down of the F.C.C. decision, sometime in the mid 1970's, that stated "If there is ambiguity in an agreement between a city and a cable company, then that city must amend its current ordinance to reflect a percentage of pay revenues, as well as, a percentage of basic revenues," and that is their particular contention. They have no qualms with the concept of paying the franchise fees on pay revenues. They do that in other areas where there has been negotiation with a particular franchise authority. However, in this case, it seems to be cut and dried. In their opinion, the contract specifically stated basic revenues and there is no contention in that agreement that they pay against those additional revenues that are collected. The F.C.C. states that they recognize that cities can get franchise taxes from pay revenues, but they must amend their current ordinance to reflect that. They would be happy to negotiate for franchise taxes on those other revenues, if they can get consideration on their existing ordinance. 334 Bakersfield, California, April 25, 1984 - Page 18 Councilman Ratty stated he does not like the way this matter has been handled. It should have gone to committee and talked out a long time ago. This is the only discussion that has been held and this could have been avoided. Councilman Christensen's motion that the report from the City Attorney regarding Failure of Cox Cable to Comply with Franchise Agreement, be accepted; Cox Cable be served with a 30- days' notice of termination proceedings for failure to pay the franchise fee establised by Ordinance No. 1552; hearing for the purpose of proceeding with the termination of the franchise agree- ment be set for June 6. 1984; and that during the 30-day period this matter be referred to the Budget and Finance Committee for was unanimously discussion with the City Attorney and Cox Cable, approved. The (a) (b) (c) (d) (e) (f) (g) (h) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 5058 to 5432, inclusive, in the amount of $1,590,305.19. Claim for Damages from Eleanor Louise Gonzales, 40] West Columbus Street, ~46, Bakersfield. (Refer to City Attorney) Claim for Damages from Charles and CarrJe Kemp, 16247 Johnson Road, Bakersfield. (Refer to City Attorney) Claim for Damages from Milton L. Ramirez, 606 Keene Lane, Taft. (Refer to City Attorney) Claim for Personal Injuries from William McCullough, c/o Ure and Shupe, Attorneys at Law, 333 Civic Center Drive West, Santa Ana. (Refer to City Attorney) Application for Leave to Present Late Claim for Personal Injury and Damages from Leon Weaver, c/o Law Offices of E. C. LeLouis, 1430 Truxtun Avenue, Suite 750, Bakersfield. (Refer to City Attorney) Claim for Damages from SaIly Lee Matthews, 10908 Michele Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Jerry Wayne Franklin, 1901 South Real Road, #A, Bakersfield. (Refer to City Attorney) Bakersfield, California, April 25, 1984 - Page 19 (i) (J) (k) (i) (m) (n) (o) (p) (q) (r) (s) Claim for Damages from Elias Herrera Briano, 1133 West 1st Street, Bakersfield. (Refer to City Attorney) Claim for Damages from David Joseph Villalobos, 631Dalmar Drive, Bakersfield. (Refer to City Attorney) Street Right-of-Way Deed from John Hovannisian providing for installation of a main water line along south side of East Brundage Lane from Hayes Street to Mr. Vernon Avenue. Grant Deed for Drainage Basin and Storm Drain and Sewer Easements from Kern College Land Company as required by the Planning Commission for Tract No. 4345, located westerly of Old River Road and southerly of Fraser Road. Map of Tract No. 4345, Phases "A" and "C", and Improvement Agreements with Community Construction, Inc., for construction of improvements therein, located westerly of Old River Road and southerly of Fraser Road. Map of Tract No. 4590, Phase II, with E1Capitan Development Corporation, located at southwest corner of Gosford Road and Stockdale Highway. Map of Tract No. 472] and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located southerly of Ming Avenue between Old River Road and Gosford Road. Notice of Completion and Acceptance of Work on Traffic Signals at Bernard and Oswell Streets, Contract No. 83-213 with Webb Electrical Construction. Application for Encroachment Permit from Panama Union School District, 4200 Ashe Road, Bakersfield, for construction of a 6 foot high chain link fence behind side- walk along Westwold Drive at new school site on southeast corner of Westwold and E1 Portal Drives. Application for Encroachment Permit from Panama Union School District, 4200 Ashe Road, Bakersfield, for construction of a 6 foot high chain link fence behind side- walk along District Boulevard and along Carvalho Court at new school site on the northeast corner of District Boulevard and Chaney Lane. Application for Encroachment Permit from Earl Touchstone, 1701 Montgomery Avenue, Bakersfield, for construction of a 3 foot high, open pattern, wrought-iron fence behind front sidewalk at 1701 Montgomery Avenue. 326 Bakersfield, California, April 25, 1984 Page 20 (t) (u) (v) (w) (x) Plans and Specifications for construction of the Auburn Street Storm Drain, Phase II, between Maywood Drive and LaCosta Street. Plans and Specifications for resurfacing portions of White Lane, between Wible and Real Roads, F.A.U. Project No. M-F 244(]). Plans and Specifications for construction of the Fallbrook Street Storm Drain between Kentfield Drive and Marella Way. Program Supplement No. 17 to Local Agency- State Master Agreement between the State of California and the City of Bakersfield for resurfacing Panorama Drive from River Boulevard to Mt. Vernon Avenue and Oswell Street from Bernard Street to Columbus Street, Federal Aid Project M-3007(6). Agreement to rescind existing Improvement Agreement No. 83-6 between the City of Bakersfield and Barratt Northern California, Inc., for Tract No. 4242. This property has been redivided under Tract No. 4686 and a new Improvement Agreement approved by the City Council. Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w) and (x) of the Consent Calendar, were adopted by the following roll call vote: Councilmen Barton, Childs, Moore, Payne, Ratty, Rockoff Ayes: Noes: Absent: None Councilman Christensen low bid of Vangas, Inc., in Contract for Propane, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bid of Enriquez Construction Company, in the amount of $58,855, for Annual Contract for Curbs, Gutters and Sidewalks, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, low bid of E & S Electrical Construction, in the amount of $48,326, for Traffic ACTION ON BIDS Upon a motion by Councilman Childs, the amount of $6,770.22, for Annual Bakersfield, California, April 25, 1984 - Page Signal System on Baker Street at Kentucky Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore~ low bid of Brad Bradford Electric, in the amount of $29,025, for construction of Security Lighting for Amberton, Corvallis and Westwold Parks, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, low bid of Treasure Cove, Ltd., in the amount of $35,979, for construction of Irrigatioa System for Amberton, Corvallis and Westwold Parks, was accepted, rejected and the Mayor was authorized to execute all other bids the contract. Upon a motion by Councilman Christensen, low bid of Great Pacific Equipment, in the amount of $16~808, for rebuilding an Aerial Device on a City Vehicle, was accepted and all other bids rejected. Upon a motion by Councilman Childs, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price with Motorola Communications for furnishing and installing a Point-to-Point Microwave Radio System, not to exceed the budgeted amount of $102.875. 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 Operations Manager was authorized to negotiate a price with Motorola Communications for furnishing and installing Radio Base Stations (6), not to exceed the budgeted amount of $103,200. HEARINGS (Continued) This is the time set for public hearing on the proposed use of $600,000 of unappropriated Federal Revenue Sharing Funds. Bakersfield, California, April 25, ]984 - Page 22 This hearing was duly advertised. This would amend the Capital Improvement Budget to appropriate Revenue Sharing Funds for the establishment of a revolving loan account for Economic Development assistance for Capital Improvement loans within the City's Development and Transportation Program. Mayor Shell declared the hearing open for public partici- pation. Mrs. Martha Walters, 3301 Dwight Street, requested that the Revenue Sharing Funds be used to install bilingual road, traffic, pedestrian and vehicular markings and signs in the City of Bakers- field. Mayor Shell stated this is not a hearing for use of Revenue Sharing Funds. This is a proposal to establish a revolving loan account. Acting City Manager Russell stated this hearing is a result of an action taken at a Council Meeting held several weeks ago on the Ceramic Tile Project on Brundage Lane. There was $600,000 set aside for a telephone system, which was not being used, out of this years Revenue Sharing Funds. In order to use Revenue Sharing Funds on this project a public hearing had to be and that is what this hearing is for. Mayor Shell stated the hearings on the use o~' Revenue Sharing Funds are held before the Planning Commission and that is going on at the present time. No protests or objections being received and no one wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Childs, Resolution No. 26-84 of the Council of the City of Bakersfield amending the Capital Improvement Budget for Fiscal Year 1983-84, was adopted by the following roll call vote: Ayes: CounciImen Barton, Ratty, Noes: None Childs, Christensen, Moore, Payne, Rockoff Absent: None Bakersfield, California, April 25, 1984 - Page 23 NEW BUSINESS First reading of an Ordinance 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 property in the City of Bakersfield commonly known as 2205 "E" Street. The application for this amendment was made by Barry W. Townsend and would change subject property from an R-3 (Limited Multiple Family Dwelling) Zone to a C-O (Commercial and Professional Office) Zone. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that Bakersfield commonly known as 2205 certain property in the City of "E" Street. First reading of an Ordinance 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 properties in the City of Bakersfield located on the north side of College Avenue between Valencia Drive and Tangerine Street. The application for this amendment was made by Stephen W. Hair and would change subject properties from an R-] (One Family Dwelling) and P.U.D. (Planned Unit Development) Zones to an R-2 (Li:'tited Multiple Family Dwelling) Zone. The Planning Commission recommended approval of this amendment, subject to the condition that the owner record a deed restriction limiting the height of structures to one-story and the maximum number of dwelling units to 228, as outlined in Planning Commission Resolution No. 24-84. The deed restriction has been recorded. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the 34O Bakersfield, California, April 25, 1984 - Page 24 Bakersfield Municipal Code by changing the Land Use those certain properties in the City of Bakersfield College Avenue between Valencia Drive north side of Street. Approval of Agreement with Gordon Special Services for School Crossing Guard Services. Zoning of located on the and Tangerine A five year agreement with John Gordon will 'terminate on 1984, and this agreement wlll provide School Crossing July 20, Guard services for an additional five years. The basic rate of $185.00 per Crossing Guard location, per month, represents an increase of less than 8% over a two year period. Upon a motion by Councilman Barton, Agreement with Gordon Special Services for School Crossing Guard Services, was approved and the Mayor was authorized to execute same. CLOSED SESSION Upon a motion by Councilman Christensen, the Council recessed to a Closed Session at ]1:]0 P.M., for the purpose of discussing testing and evaluation procedures to be used during the interviews with the candidates for the position of City Manager to be held on Saturday, April 28, 1984. The regular meeting was reconvened at 12:05 A.M. RECESS Upon a motion by Councilman Christensen. the meeting was recessed at 12:06 A.M., until Saturday, April 28, 1984, at 8:30 A.M., for the purpose of interviewing candidates for the position of City Manager. of the City of Bakersfield, Calif. ATTEST: CI ' io Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, April 28, 1984 ,q41 Absent: of interviewing candidates for the position of City Manager. regular meeting was reconvened at 7:35 P.M. Minutes of a recessed meeting of the Council of the City of Bakersfield, California, held in the City Manager's Conference Room in City Hall at 8:30 A.M., April 28, 1984. The meeting was called to order by Vice-Mayor Barton. Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Mayor Shell CLOSED SESSION The Council recessed to a Closed Session for the purpose The Council, adjourned at ADJOURNMENT There being no further business to come before the upon a motion by Councilman Payne~ the meeting was 7:36 P.M. VIC~-~AYOR of t, he ~ity of Bakersfield, Calif. CI Lk'R~/ s ' 'o Cle k of the Council of the City of Bakersfield, California ma Bakersfield, California, May 2, 1984 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., May 2, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Chaplin Ed Meissner of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Childs, Christensen, Moore, Payne, Ratty, Rockoff Absent: None. SCttEDULED PUBLIC STATEMENTS Mr. George Smith, 400 Monterey Street, Apartment C, stated his wife was raped on February 27, ]984. He has obtained new evidence and would like to ask for a new investigation into the case. Police Chief Price stated that if Mr. Smith has new evidence in the investigation of the rape of his wife, he should contact Assistant Chief Patterson at the Bakersfield Police Department. Mrs. Martha Walters, 3301 Dwight Street, asked the Council to understand the Retired Citizens' concerns about the Council's willingness, even eagerness, to spend what is budgeted locally, to increase the local deficit, and at the State and Federal level by accepting and seeking new grants, subsidies, and appropriations even the recruitment of foreign investors with an offer of a multitude of subsidy programs. Mrs. Walters quoted a publication as stating the City of Bakersfield has an exceptionally strong economic base on the basis of the 1980 Census. She feels there is a glaring inconsis- tency because the Council, one week ago, voted to call the Downtown Area a Pocket-of-Poverty in order to qualify for federal funds. She further stated at the Council Meeting on April 25, 1984, she was denied the privilege of speaking on the proposed use of Federal Revenue Sharing Funds and told that what she was saying was not appropriate for that hearing. She would 11ke the record to show that the public hearing on the agenda for April 25, 1984, stated only that Rakersfield, Cali6ornia, May 2, 1984 - Page 2 it was for the Proposed Use of Revenue Sharing Funds. The newspaper added, for the following service areas for this City listing areas and amounts, as follows: Management, Environmental, Development and Transportation, Public Safety, and Recreation and Cultural Support Services. Not one word about Ceramic Tile was included. She suggested that if a public hearing is advertised as public, but is only to decide publicly what has already been decided privately, that it not be advertised as a public hearing for proposed use of money, but as a public hearing to hear what the Council is proposing and not for any- thing the public may wish to propose with public money. In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated the Notice of Public Hearing regarding the Proposed Use of Revenue Sharing Funds met all legal requirements. Acting City Manager Russell apologized to Mrs. Walters and stated he apparently misunderstood her question at the Meeting on April 25, 1984. It was a public hearing as far as the $600,000 appro- priated for this year. He was under the impression she wanted to dis- cuss the Revenue Sharing Funds for next fiscal year and that public hearing will be held before the Planning Commission on May 3, 1984. The $600,000 was appropriated this fiscal year for a telephone system, however, the Ceramic Tile Project was going in on East Brundage Lane and the Council decided to use that $600,000 for that project. Thi.s is not the first time the Brundage Lane project has been discussed. There has been several committee reports, meetings, and has been before the Council several times. Councilman Rockoff stated he feels that the notice for a public hearing should be specific enough that the public understands what is to be discussed. CORRESPONDENCE Upon a motion by Councilman Rockoff, State Humane Association of Cruz, dated April 24, 1984, communication from the California, Post Office Box 8043, Santa requesting financial support for the 344: Bakersfield, California, May 2, 1984 - Page 3 Bakersfield Society for the Prevention of Cruelty to Animals, was received and referred to the Budget and Finance Committee. Upon a motion by Councilman Moore, communication from Cornerstone Engineering, Inc., 159 "H" Street, dated April 30, 1984, requesting the closing of Bank Street from ]10 feet east of the curb line of Oak Street, was received and referred to the Planning Commis- sion for study and recommendation. Upon a motion by Councilman Christensen, communication from the Bakersfield Art Association, ]930 "R" Street, dated April 30, 1984, expressing support for the Bakersfield Art Commission's requested changes in their Rules and Regulations and a request to be included in any and all hearings and deliberations which may have a bearing on the gallery, was received and referred to the Auditorium and Community Services Committee. COUNCIL STATEMENTS Upon a motion by Councilman Ratty, Mr. James S. Camp, 2200 Pine Street, was reappointed to the Planning Commission, term expiring April 17, 1988. Councilman Rockoff made a motion to call a Workshop SessiDn on Tuesday, May 8, 1984, at 5:00 P.M., in the Council Chambers of City Hall, approved. regarding the Garces Circle. This motion was unanimousl~ ment Services Chief Preparedness Drill. Councilman Moore commended the City Staff, Fire and Develop- Needham and Department Heads on the Emergency There were many benefits derived from the oppo:p- tunity of that exercise, not only for the There is a lot of interest in maintaining state of readiness. City, but also the County. and upgrading the City's Councilman Moore made a motion that the City of Bakersfield is to conduct two Emergency Preparedness Drills a year, one in April and the other in October. This motion was unanimously passed. Councilman Hoore stated there has been a stated change in the State Administration's utilization of monies and possibly an Bakersfield, California, May 2, 1984 - Page 4 interest in upgrading and building new roads. It appears to be a good opportunity for the City of Bakersfield and County of Kern to try and accomplish the completion of both Highway 178 and a new feeder between Interstate Highway 5 and Highway 99, possibly Highway 58. If the City and County can agree on how to accomplish this, there is a good chance the funding would be available. However, there is some urgency in this matter. Councilman Moore made a motion to refer both the Completion of ttighway 178 and possibly Highway 58 between Interstate 5 and High- way 99 to the Intergovernmental Relations Committee for study and recommendation back to the Council as soon as possible. Councilman Childs requested Staff to prepare the information for the Council to review regarding the possibility of receiving funds for upgrading and possibly building new roads. Councilman Ratty stated there is not much information available at this time. This issue, of possibly extending Highway 178 and a feeder between Interstate 5 and Highway 99, has been coming before Kern COG for the past three to six months during discussions regarding Regional Transportation Plans or Local Transportation Plans. Because of the five cent gas tax, there are more monies aw~ilable to start working on these plans. There is no concrete plan or monies available. This is just to start getting local support for something of this type. Councilman Moore's motion that the issue of completion of Highway 178, between "~" Street and Highway 99, and possibly, Highway 58, between Interstate 5 and Highway 99, be referred to the Intergov- ernmental Relations Committee for study and recommendation back to the Council as soon as possible, was approved. Councilman Moore stated there has long been an interest, on the part of the Council and Staff, to have some kind of communica- tion between the City and residents. He has looked into various cities throughout the State and their method of producing a newsletter. Bakersfield, California, ~4ay 2, 1984 - Page 5 One particular city has a unique system, whereby, they established a non-profit foundation/corporation, which residents make donations: that are used to pay the costs of a newsletter or periodical. A non-profit foundation could take advantage of lower postage rates. He would like to propose to the Council that this method be referrsd to the Growth and Development Committee for study and recommendation back to the Council. In answer to a question by Councilman Childs, Councilman Moore stated he would provide all Councilmen and the Mayor with copies o[ the information regarding establishing a non-profit foun- dation [or the purpose of providing a newsletter or periodical to the residents of the City of Bakersfield. Councilman Christensen stated he feels the money used for a newsletter or periodical should come from the tax base rather than donations from corporations, because people may become skeptical as to the influence that the contributing corporations may have. Councilman Moore made a motion to refer the issue of establishing a non-profit foundation/corporation for the purpose of providing a newsletter to the residents to the Growth and Development Committee This motion was unanimously approved. of the City of Bakersfield, for study and recommendatio]t. Councilman Moore stated he would like to drive his own vehicle to the New Councilman's Workshop in Santa Clara next week. He indicated he would be conducting additional business in the Fort Ord and Monterey area and feels it would be inappropriate to drive a City vehicle. Adoption of Resolution No. 27-84 o[ the Council of the C~ty of Bakersfield Honoring James Burke as 1984 Outstand- ing Citizen of the Year. Upon a motion by Councilman Barton, Resolution No. 27-84 of the Council of the City of Bakersfield Honoring James Burke as Bakersfield, California, May 2, 1984 - Page 6 1984 Outstanding Citizen of the Year, was adopted by the following roll call vote: Ayes Councilmen Childs, Christensen, Moore, Payne, Ratty, Rockoff, Barton Noes None Absent: None In answer to a question by Councilman Childs, Fire and Development Services Chief Needham indicated the letter from Doris C. Williams, 1030 Chester Place, dated April 17, 1984, regarding rezoning the Lowell Addition, located south of California Avenue between Chester Avenue and Union Avenue, was referred to Staff' at the meeting of April 25, 1984, but was inadvertently forgotten. He will check into the letter and contact Councilman Childs as soon as possible. In answer to a question by Mayor Shell, regarding gap in communications between the Emergency Operation Center and Emergency Broadcasting System, Police Chief Price stated he would have Communi- cations Coordinator Hatter check into that matter. REPORTS Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 13-84, regarding Policy on Reimbursable Expenses for City Council [{embers, as follows: Pursuant to reviewing of expense vouchers, the Budget and Finance Committee noted a need for clarification and the establishment of a policy on reimbursable expenses for City Council Members. On March 23, 1984, the Budget and Finance Commit- tee submitted a memorandum to the City Council regarding suggested policy on reimbursable expenses for City Council Members. After discussion at the City Council Meeting of March 28, ]984, the matter was referred back to the Budget and Finance Committee for study and recommendation. We have met to review the guidelines suggested in the March 23rd correspondence, recommendations from the discussion which ensued at the Council Meeting of March 28th, and subsequent recommendations made by other Council Members. As a result of our dis- cussions and review we reco~nend the following guidelines: MILEAGE - "Reimbnrsable Mileage" means miles traveled by Council Members by private conveyance. 34a Bakersfield, California, ~lay 2, 1984 - Page 7 No mileage reimbursement will be allowed for travel to and from City Council Meetings. Local mileage reimbursement will be allowed for travel to and from com- mittee meetings, commission meetings, board meetings, and other directly- related City Council activities. All Council authorized trips outside of the City Limits will be allowed reimburseable mileage; however, Council Members should use City vehicles where- ever possible. Trips to meetings associated with the League of California Cities and the Kern County Association of Cities are to be considered author- ized in general and will not ne~d specific City Council authorization. II. EXPENSES Expenses incurred by a Council Member in fulfilling the specific direction of the City Council shall be authorized for reimbursement. Where possible, City Council Members should obtain authorization from the City Council prior to incurring expenses. If prior approval by the City Council is not possible, any requests for the reim- bursement of expenses incurred must receive City Council approval prior to actual pay- ment to the requesting City Council Member. III. FORM FOR CITY COUNCIL REIMBURSABLE ~ILEAGE AND EXPENSES All expenses must be documented as to time, place, persons, and purpose prier to author- ization for payment by the City Council. Such documentation must be furnished on Form CC], "City Council Member Expense Voucher" (the form is currently being designed and will be finished prior to the May 2, 19S4 City Council Meeting). Each Council Member is to submit the Expense Voucher monthly, whether or not he is requesting reimbursement for expenses incurred. The form is ~o be signed and all appropriate receipts and supporting documents are to be attached to the Expense Voucher. Copies of each Expense Voucher are to be included with the voucher register in the Council Packets. This Committee recommends the City Council approve the above-stated guidelines as policy and place into affect immediately. Bakersfield, California, May 2, 1984 - Page 8 Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 13-84 regarding Policy on Reimbursable Expenses for City Council Members, was received. Councilman Childs stated he will be traveling to Santa Clara and would feel more comfortable driving his own vehicle rather than a City vehicle. Councilman Rockoff made a motion to accept Budget and Finance Committee Report No. 13-84 regarding Policy on Reimbursable Expenses for City Council Members, and recommendations as outlined in the report. After a lengthly discussion, Councilman Rockoff stated he would amend the Budget and Finance Committee Report No. 13-84, Page 3, III. B. to read as follows: "Each Council Member is to submit the Expense Voucher monthly, if he is requesting reimburse- ment for expenses incurred. The form is to be signed and all appropriate receipts and support- ing documents are to be aftached to the Expense Voucher, if there are any." Upon a motion by Councilman Rockoff, Amended Budget and Finance Committee Report No. 13-84 regarding Policy on Reimbursable Expenses for City Council Members, was accepted, with deletion of Item III. A. CONSENT CALENDAR (a) Allowance of Claims Nos. 5433 to 5506, inclusive, in the amount of $338,544.98. (b) Claim for Damages from Harlan O. Voigts, 108 Atherton Court, Bakersfield. (Refer to City Attorney) (e) Improvement Agreement for Parcel Map Nos. 7059 and 7256 with Tenneco Realty Develop- ment Corporation, for construction of improvements therein. Parcel Map No. 7059 is located at the northwest corner of Gos- ford Road and Ming Avenue and Parcel Map No. 7256 is located southerly of M~ng Avenue, easterly of Old River Road. (d) Notice of Completion and Acceptance of Work on "Groundwater Recharge Area - Ph~ I", Contract No. 83-212, with Conejo Contractors. 350 Bakersfield, California, May 2, 1984 - Page 9 (e) Notice of Completion and Acceptance of Work on "New Pump Installation at Olive Drive and Oakleaf Street" Contract No. 84-34, with Irrigation Supply. (f) Application :for Encroachment Permit from Gary R. Olson, 409 Gabriel Drive, for construction of a metal canopy encroach- ment 4 feet into the right-of-way and 10 feet and 6 inches over the public sidewalk at 916 California Avenue. (g) Application for Encroachment Permit from Coleman Company, 100] Tower Way, for construction of a block retaining wall behind the sidewalk on the east side of Lancashire Street, between Camino Media and Hamshire Court. (h) Request for Approved Leave Without Pay for Community Service Technician Vickie L. McDougal. Mrs. McDougal is presently on a 30-day Leave of Absence Without Pay, for maternity reasons, which will terminate May 10, 1984. She is requesting an additional 30-day leave, which will carry her through June 9, ]984. (i) License to encroach on right-of-way belonging to the Arvin-Edison Water Storage District. This license is necessary to construct and maintain a bridge on Coffee Road across the ease- ment of the Arvin-Edison Canat. (J) Agreements between the City of Bakers- field and Community Construction Incorp- orated for Water Availability Fees to provide payment to the City for providing water service to two residential tract developments, Tract 4345 "A" and "C". (k) Agreement between the City of Bakers- field and RNR Enterprises for Water Availability Fees to provide payment to the City for providing water service to the development project of Lot 17 Tentative Parcel Map 7247. Councilman Rockoff stated that he had indicated at a prior meeting he would not approve Councilmen's Expense Vouchers until there was an established policy. The Council has now approved the policy and is only discussing the Expense Form. Any Vouchers that have been submitted before the policy, if there were any, the policy was nebulous, and therefore, he is now willing to accept the Vouchers for Councilmen's Expenses. Bakersfield, California, May 2, 1984 - Page l0 351 Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e). (f), (g), (h), (i), (j), and (k) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Moore, Payne, Rockoff, Barton Noes: Councilman Ratty Absent: None ACTION ON BIDS Upon a motion by Councilman Christensen. low bid of American La France, in the amount of $427,471.50, for Three New Fire Trucks, was accepted and the other bid rejected. Upon a motion by Councilman Moore, low bid of Familian Pipe and Supply, in the amount of $4,127.64, for Pressure Vacuum Breaker, was accepted, and all other bids rejected. Upon a motion by Councilman Moore, low bid of S. A. Camp Pump Company, in the amount of $15,104.32, for Furnishing and Instal- ling Deep Well Turbine Pump and Motor for Ashe Water Pumping Plant #14, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 291] 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 property in the City of Bakers- field commonly known as 2205 "E" Street. The application Townsend and would change Multiple Family Dwelling) Office), ment. for this amendment was made by Barry W. subject Zone to or more restrictive Zone. The Planning Commission property from an R-3 (Limited a C-O (Commercial and Professional recommended approval of this amend- Upon a motion by Councilman Childs, Negative Declaration and Ordinance No. 2911 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal 352 Bakersfield, California, May 2, 1984 - Page 11 Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 2205 "E" Street, finding consistent with the General Plan, were adopted by the said zoning following Ayes: roll call vote: Councilmen Childs, Noes: None Absent: None Christensen, Moore, Payne, Ratty, Rockoff, Barton Adoption of Ordinance No. 2912 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 properties in the City of Bakersfield located on the north side of College Avenue between Valencia Drive and Tangerine Street. The application for this amendment was made by Stephen W. Hair and would change subject properties from an R-] (One Family Dwelling) and P.U.D. (Planned Unit Development) Zones to ~n R-2 (Limited Multiple Family Dwelling), or more restrictive Zone. The Planning Commission r(~.commended approval of this amendment, subject to the condition that the owner record a Deed Restriction limiting the height of structures to one-story and the maximum number of dwelling units to 228, as outlined in Planning Commission Resolution No. 24-84. The Deed Restriction has been recorded. Upon a motion by Councilman Rockoff, Negative Declaration and Ordinance No. 2912 New Series of the Council of the, City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zonin~ of those certain properties in the City of Bakersfield located on the north side of College Avenue between Valencia Drive and Tangerine Street, finding said zoning consistent with the General Plan, were adopted by the following roll Ayes Noes Absent: call vote: Councilmen Childs, Christensen, Rockoff, Barton None None Moore, Payne, RaLLy, Bakersfield, California, May 2, 1984 - Page 12 252 Adoption of Zoning Resolution No. 313 of the Council of the City of Bakersfield denying appeal of Benjamin Phipps from Board o[ Zoning Adjustment decision denying a Conditional Use Permit to allow an additional detached single family dwelling for a total of two dwellings on the front portion of a lot in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 1001 Oleander Avenue. This resolution sets forth the decision of tile Council following the appeal hearing on this matter held April 25, 1984. Upon a motion by Councilman Childs, Zoning Resolution No. 313 of the Council of the City of Bakersfield denying appeal of Benjamin Phipps from Board of Zoning Adjustment decision denying a Conditional Use Permit to allow an additional detached single family dwelling for a total of two dwellings on the front portion of a lot in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 1001 Oleander Avenue, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Moore, Payne, Ratty, Rockoff, Barton Noes: None Absent: None CLOSED SESSION Upon a motion by Councflman Christensen, the Council recessed to a Closed Session at 8:25 P.M., for the purpose of dis- cussing the evaluation of City Manager Candidates. The regular meeting reconvened at 9:44 P.M. RECESS Upon a motion by Councilman Christensen, the meeting was recessed at 9:45 P.M., until Monday, May 7, 1984, at 5:00 P.M., for the purpose of filling the position/of City Manager. t.~.f of Bakers~zeld, Calif. ATTEST: CITY CLERK and Ex Officio Clerk o~ the Council of the City of Bakersfield, California CW Bakersfield, California, May 7, 1984 Minutes of a recessed meeting of the Council of the City of Bakersfield, California, held in the Councii Chambers of City Hall at 5:00 P.M., May 7, 1984. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Councilmen Childs, Christensen, Moore, Payne, Ratty, Rockoff, Barton Absent: Mayor Shell Upon a motion recessed to a Closed Session at discussing the City Manager's position. reconvened at 9:25 P.M. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Payne, the meeting was adjourned at 9:26 P.M. ~',L~-MAYOR ~/~ the City of Bakersfield, CLOSED SESSION by Councilman Christensen, the Council 5:05 P.M., for the purpose of The regular meeting was ATTEST: Calif. Y CL~K and Ex Officio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, May 9, 1984 .q55 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., May 9~ 1984. The meeting was called to order by the Pledge of Allegiance and a minutes Present: by Mayor She]_l, followed of s'ilent prayer. The City Clerk called the roll as follows: Mayor Shell. Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Barton, Childs None Absent: Minutes of the regular meeting of April 25, ]984, and recessed meeting of April 28, 1984, were approved as presented. CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from William L. Poston, 1008 34th Street, received May 7, ]984, regarding Garces Traffic Circle, was received and referred to the Budget and Finance Committee. Upon a motion by Councilman Ratty, communication from J. W. Payton, 2007-D Clinton Avenue, Alameda, California, received May 7, 1984, regarding Operation "Slush Fund" and restriction on expenditures of the State Senate and Assembly, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication [rom Carl Warren & Co., Insurance Adjusters/Claim Administrators, P.O. Box 319, Bakersfield, dated April 9, 1984, requesting a rate adjust-- ment to their contract with the City of Bakersfield providing claim adjustment services, was received and referred to the Dudget and Finance Committee. COUNCIL STATEMENTS Councilman Childs, referring to the Ground Breaking Ceremonies at the Fox-Davis Project on Brundage Lane and Westminister Ceramics Factory at Highway 178 and Quantico Road, commended Economic Development Coordinator Kennon and the Economic Development Division staff for all their work putting these projects together. 356 Bakersfield, California, May 9, 1984 Page 2 Upon a motion by Councilman Payne, the matter of the resolution adopted by the Kern County Board of Supervisors supporting stable and predictable funding for Local Governments and Public Schools, was referred to the Legislative Committee for study and recommendation back to the Council at the meeting of May 16, 1984. Upon a motion by Councilman Rockoff, the Planning Depart- ment was instructed to prepare an initial environmental study, according to the Environmental Quality Act, for the Garces Traffic Circle Improvement Project. Upon a motion by Councilman Rockoff, Expense Reimburse- ment Form to be used by members of the Council, was approved. REPORTS Councilman Ratty read a report regarding State Highway 178 Corridor Study, as follows: During the last few Councll Meetings, there have been several items submitted to the Council regarding the extension of State Highway Route 178 from "M" Street to Interstate 5. These items indicate a need for a preliminary transportation planning study to identify alternative long range proposals that have a resaonable level of public acceptance with minimum environmental impact. This issue was referred to the Intergovernmental Relations Corrm)ittee and we met yesterday and agree and reco~nend that we begin the planning process. There will be a meeting of the State Highway Commission in Los Angeles tomorrow, therefore, we are requesting the Council do the following. Authorize the staff to sign the Memorandum of Understanding with the State and Council of Governments, which outlines the study elements. (NOTE: This involves staff time only - no direct out-of-pocket cost to the City.) Authorize a Councilmember to represent the City at the State Highway Commission meeting in requesting State Highway Funds for the preliminary transportation study of the 178 extension to Interstate 5. Upon a motion by Councilman Ratty, report regarding State Highway Route 178 Corridor Study, was accepted; staff was Bakersfield, California, May 9, 1984 - Page 3 authorized to sign the Memorandum of Understanding with the State and Kern County Council of Governments, outlining the study element:~; and a Councilmember was authorized to represent the City at the State Highway Commission meeting and request State Highway Funds for the Preliminary Transportation Study of the 178 extension to Interstate 5. Upon a motion by Councilman Childs, Councilman Moore was authorized to represent the City at meeting and request State Highway Funds portation Study of the 178 extension to the State Highway Commission for the Preliminary Trans- Interstate 5. City Attorney Oberholzer reported that at the Council ~{eeting of April 25, 1984, at the request of the City Attorney's Office, the Council set the date of June 6, 1984, for st hearing for the purpose of terminating Cox Cable's Franchise as; a result of a failure to pay some franchise fees, which were due in 1983. The Attorney's Office and Cox Cable have been meeting and are near a solution to the problem. Due to previous commitments; of Cox Cable management staff, they will be out of town on that date and they have requested the hearing be reset for June 27, ]984. Upon a motion by Councilman Rockoff, date of public hearing for the purpose of considering the termination of the Cox Cable Franchise on the grounds that past due franchise fees to the City of Bakersfield have not been paid, was reset for June 27, 1984. SCHEDULED PUBLIC STATEMENTS Mr. John S. McDaniels, 602 Lakeview Avenue, commended the Fire and Police Departments for the jobs they do protecting the public. He owns the Cotton Club Liquor Store and they need Police protection. However, the last few weeks they have been receiving too much protection. Everyday there are at ]east 4 to 6 Police cars around his business. He felt they should cover the whole area and not just his business. Business has fallen off by approximately 50% since the officers have been spending so much time there. He felt he should be able to operate his business without being harassed. 358 Bakersfield, California, May 9, 1984 Page 4 Assistant Police Chief Patterson stated Mrs. McDaniel talked to the Sergeant of the area and they have not received any complaints from the people. He suggested that Mr. McDaniels call the Watch Commander immediately when this happens, so it can be resolved. Councilman Childs stated he has observed the Police cars and did not feel it is an intentional harassment and suggested that they circulate through the area more. Councilman Childs thanked Mr. McDanie]s and Assistant Police Chief Patterson for letting the community know there are ways to work out solutions to problems before they get out of hand. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5507 to 5631, inclusive, in the amount of $318,614.42. (b) Claim for Damages from ttenry R. Pacheco, 3904 Celine Court, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Bright Touch Interiors, Margaret Pugh, 1101 Chester Avenue, Bakersfield. (Refer to City Attorney) (d) Sewer Easement from H-Bar Development Company for a sewer main to be constructed on north side of Panama Lane easterly of South "H" Street. (e) Turnaround Easement From Saddleback Development Company for vehicular turn- around as required by the Planning Commission for Tract No. 4345 Phase "C", located southerly of Fraser Road and westerly of Old River Road. (f) Public Utilities Easements from Tenneco Realty Development Corporation as required by the Planning Commission for Parcel Map No. 7256, located southerly of Ming Avenue between Gosford and Old River Roads. (g) Street Right-of-Way Deed from Kern College Land Company providing additional 25 feet of right-of-way along south side of Fraser Road west of Old River Road, as required by the Planning Commission for Tract No. 4345. (h) Map of Tract No. 47]6 and Improvement Agreement with Tommie Townsend for con- struction of improvements therein, located south of Pacheco Road, east of Akers Road. Bakersfield, California, May 9, 1984 - Page 5 (i) (J) (k) (1) (m) (n) (o) (p) Notice of Completion and Acceptance of Work on Police Department Communication Tower, Contract No. 84-11 with Conlan Engineering and Construction Corporation. Application for Encroachment Permit from Athen Graham, 105 Myrtle Street, Bakers-- field, for construction of a four foot high wrought iron fence behind the front yard sidewalk at 105 Myrtle Street. Request from The Penstar Group for an Extension of Time to complete improve- ments in Parcel Map No. 5846, Agreement No. 82-74, located at southeast corner of White Lane and Stine Road. The Public Works Department recommends a six month extension from May 12, 1984 to November 12, 1984. Supplemental Agreement to the Master Agreement for Federal Aid Project No. M-F 244(1) on White Lane from Real Road to Wible Road. Agreement between the City of Bakersfield and Susan Anderson for instruction in Calligraphy. Agreement between the City of Bakersfield and Lyn Dahm for instruction in Dog Obedience. Agreement between the City of Bakersfield and Beverly Poole for instruction in Creative Arts. Agreement between tile City of Bakersfield and Omar Dunn for instruction in Roller-- skating. Upon low bid of Pipe- line Products, Contract for Water Meter Boxes, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. ACTION ON BIDS a motion by Councilman Christensen, in the amount of $3,975, for Annual Payne, Ratty, Rockoff, Ayes: Councilmen Christensen, Moore, Barton, Childs Noes: None Absent: None Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o) and (p) of the Consent Calendar, were adopted by the following roll call vote: 360 Bakersfield, California, May 9, 1984 - Page Beach Iron Works, in the amount of $71,850, was accepted and all other bids rejected. Upon a motion by Councilman Ratty, Instruments, Inc., in the amount of $14,840, Upon a motion by Councilman Moore, low bid of Omega Construction, in the amount of $18,373, for Concrete Block Pump- house for Ashe Water Pumping Station No. 14, was accepted; all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, low bid of Long for 300 Fire Hydrants, low bid of Delphi for furnishing manu- factured Electrical Panelboard for Ashe Water Pumping Station No. 14, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, bid of Ed Rodgers, Auctioneer. for auction services, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. NEW BUSINESS First reading of an Ordinance of the CounciI of the City of Bakersfield amending Title Seventeen of the Muni- cipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located at 1220, 1228, 1234 and 1302 "K" Street. The application for this amendment was made by Milo Brooks for M. F. Darehsori and would change subject properties from an R-4 (Multiple Family Dwelling) Zone to a C-2 (Commercial) Zone. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located at 1220, I228, 1234 and 1302 "K" Street. Bakersfield, California, May 9, ]984 - Page 7 First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Muni- cipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northwest corner of Stine and Harris Roads. The application for this amendment was made by Ada R. Hill and would change subject properties from an "A" (Agricultural) Zone to a C-1 (Limited Commercial) Zone. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northwest corner of Stine and Harris Roads. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title ]7 of the Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the east side of Stine Road, 800 feet south of Harris Road and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Greg Owens for Sami C. Srour and would an R-1 (One Family Dwelling) Zone ment) Zone, consisting of one and containing a total of 100 units. change subject properties from to a P.U.D. (Planned Unit Develop-- two-story apartment units, The Planning Commission recommended approval of this amendment, subject to 28 additions to the plan, and made the findings delineated in Section 17.52.070 of the Municipal Code. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the east side of Stine Road, 800 feet south of Harris Road and making findings in connection with a P.U.D. Zone. Bakersfield, California, May 9, 1984 - Page 8 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of Beech- wood Street, 600 feet east of Stine Road and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Gregory S. Owens for U. S. Home Corporation and would change subject properties from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone, consisting of 96 townhouse units and 33 single family zero lot line homes, containing a total of 129 residential units. The Planning Commission recommended approval of this amendment, subject to 9 additions to the plan, and made the findings delineated in Section 17.52.070 of the Municipal Code. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title those north 17 of the Municipal Code by changing the Land Use Zoning of certain properties in the City of Bakersfield loeated on the side of Beechwood Street, 600 feet east of Stine Road and making findings in connection with a P.U.D. Zone. to as , Adoption of Resolution No. 28-84 of the Council of the City of Bakers- field supporting Senate Bill 575 (Tort Liability - Limits on Joint and Several Liability). This resolution supports Senate Bill 575 which proposes limit a tortfeasor's liability for noneconomic damages, such pain and suffering. Upon a motion 28-84 of the Council of by Councilman Christensen, Resolution No. the City of Bakersfield supporting Senate Bill 575 (Tort Liability - Limits on Joint and Several Liability), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Moore, Barton, Childs Noes: None Absent: None Payne, Ratty, Rockoff, Bakersfield, California, May 9, 1984 - Page 9 Approval and Adoption of Negative Declaration for a Proposed 0.5 Acre Sump Site and 2,000-Foot Storm Drain System. generally located in and adjacent to Planz Road at the south- east corner of Planz Road and South "H" Street. This action is required by the California Environmental Quality Act (CEQA). The proposed action has been advertised locally for written comments. The review period for the proposed Negative Declaration ended May 7, 1984. Upon a motion by Councilman Barton, Negative Declaration for a Proposed 0.5 Acre Sump Site and 2,000-Foot Storm Drain System. generally located in and adjacent to Planz Park at the southeast corner of Planz Road and South "H" Street, was approved and adopted ~ollowing roll call vote: by the Ayes: Councilmen Noes: None Absent: None Christensen, lloore, Payne, Barton, Childs Ratty, Rockoff, Approval of Community Development Block Grant Entitlement Application for Fiscal Year 1984-85. Pursuant to the primary objective of the Housing and Ratty, ~ockoff, Approval of Agreement with Ed Rodgers, Auctioneer, for rental of property located at 16th and "S" Streets (Old Corporation Yard). approved by the Ayes: Noes: Absent: following roll call vote: Councilmen Christensen, Moore, Payne, Barton, Childs None None Community Development Act of 1974, the objectives for the 1984-85 Community Development Program have heen developed in order to promote decent housing, suitable living environment and[ to expend economic opportunities, principally, for persons of low and moderate income. Upon a motion by Councilman Childs, Community Development Block Grant Entitlement Application for Fiscal Year 1954-85, was 364, Bakersfield, California, May 9, 1984 - Page 10 As on previous occasions Ed Rodgers, Auctioneer, is requesting to rent the City property at 16th and "S" Streets for a public auction. City staff considers a daily rental of $75.00 to be acceptable and recommends approval. Upon a motion by Councilman Ratty, Agreement with Ed Rodgers, Auctioneer, for rental of property located at 16th and "S" Streets (Old Corporation Yard), was approved and the Mayor was authorized to execute same. CLOSED SESSION Upon a motion by Councilman Christensen, the Council recessed to a Closed Session at 7:30 P.M., to discuss and negotiate an employment contract for the position of City Manager. The regular meeting was reconvened at 12:40 A.M. Councilman Payne, on behalf of the Council, announced that the Council is still attempting to negotiate a contract for the position of City Manager with Mr. George Caravalho, and this matter will be taken up again at the Council Meeting of May 16, 1984. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen the meeting was adjourned at 12:42 A.M. ATTEST: CITY CL,~RK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, May 16, 1984 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.~{., May ]6, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Dr. Clyde Wasdin of the First Assembly of God Church. The City Clerk called the roll Present: Mayor ShelI. Councilmen Moore, as follows: Payne, Ratty, Rockoff, Barton, Childs (seated at 8:12 P.M. during Closed Session), Christensen Absent: None Minutes of the regular meetings of May 2 and recessed meeting of May 7, 1984, were approved SCHEDULED PUBLIC STATEMENTS Mr. Robert Tafoya, the Public Defender's Office and 9, 1984, as presented. 263 Jefferson Street, Attorney with and President of La Raza Lawyer's Association of Kern County, stated he had several questions to ask regarding an incident that took place one month ago regarding the killing of Ramon Deltoro Lopez by the Bakersfield Police Department. Their organization takes exception to the findings of an investigation conducted by the Bakersfield Police Department that it was justified. They are requesting that the Council appoint a group of citizens of Bakersfield to conduct an independent investigation of the circum- stances surrounding the incident and come back with a report, focusing on whether or not steps can be taken to prevent this type of incident in the future. The La Raza Lawyer's Association of Kern County would like one of their members to be appointed to this committee. City Attorney Oberholzer explained the procedures that must be followed when complaints are made against the Police Depart-. merit or a Police Officer. If a person is not satisfied with the decision of the Police Department they can request an investigation by the District Attorney or Attorney General's Office. There has Bakersfield, California, May 16, 1984 - Page 2 been a claim filed regarding this matter and cautioned the Council that it is under potential litigation and it would not be appropriate to respond to specific questions. Councilman Ratty stated he felt the Council should follow the City Attorney's advice and not respond to specific questions. In answer to a question by Mr. Tafoya, Councilman Payne stated after this case is totally adjudicated and all legal processes have been explored he would have no objection to meeting with this group or any other concerned group or individual to explore Police procedures and policies in hopes of preventing some unfortunate incident from happening. Nancy Bailey, 3500 Graasotti Court, No. 6, asked how each Councilman feels about increasing the powers and duties of the Office of the Mayor. Mayor Shell reminded Dr. Bailey that the Council floor is not the place for campaign issues. City Attorney Oberholzer stated the City Charter estab- lishes the guidelines under which the Mayor operates and the only way that can be changed is by a vote of the electorate. Lori King, 1603 California Avenue, No. 1~4, Psychic Consultant, stated she is the organizer of the E.S.P. Psychic Fairs and requested an ordinance for licensing this event in the same manner as Craft Fairs that are charged $~0.00. City Attorney Oberholzer suggested that the matter be referred to a committee for consideration of a Special Event License, such as, the one Ms. King mentioned, as opposed to each person having to pay. Upon a motion by Councilman RaLLy, request of Lori King for an ordinance for licensing Psychic Fairs in the same manner as Craft Fairs, was referred to the Budget and Finance Committee for study and recommendation. CORRESPONDENCE Upon a motion by Councilman Payne, from Stanley T. Jones, Jr., Attorney at Law, L. Powers, dated May 1, copy of communication on behalf of Steven 1984, requesting that the City return Bakersfield, California, May 16, 1984 - Page 3 certain deposits for use of the Civic Auditorium, was received and ordered placed on file. In answer to a question by Councilman Rockoff, Assistant City Manager-Finance Higginbotham stated the refund has been made and no further action is necessary. COUNCIL STATEMENTS In response to a question by Councilman Rockoff, Assistant City Manager-Finance Migginbotham stated at the present time Budget Hearings are scheduled for June 18, 19 and 20, 1984, and it is felt that they should be postponed until late in July in order to allow the new City Manager time to review the budget with the Budget and Finance Committee prior to adoption. It is suggested that the Budget Hearings be rescheduled for July 23, 24 and 25, 1984. Councilman Rockoff suggested that the Council take action on rescheduling Budget Hearings at the next Council Meeting in order to allow the Council time to check their calendars. Upon a motion by Councilman Ratty, Councilman Barton was appointed as the Council's representative on the Solid Waste Manage-- ment Council and Councilman Moore was appointed as the alternate. Upon a motion by Councilman Barton, Application for an Encroachment Permit from Susan A. Patrick, SO0 Deanna Way, was added to the Consent Calendar as Item (z). Councilman Moore reported that last Thursday at the California Highway Commission hearing in Los Angeles Assemblyman Don Rogers, Director of Kern COG Mark Gibbs, Kern County Supervisor Pauline Larwood and himself provided testimony, on behalf of the City and County, regarding placing the completion of Highway 175 between "M" Street and Freeway 99 and a possible new Highway 55/178 from Highway 99 to Interstate 5 as a project plan on their I]76 Identified Program. He felt the testimony went very well and the Council's action the night before was very timely, in that, they were able to show there was unanimity in support of completing that highway and that the City and County are together. Director Bakersfield, California, May 16, 1984 - Page 4 of Public Works Hawley also represented the City and the County Director of Public Works ~Cills represented the County of Kern. There is an opportunity to be very successful and it was a very positive testimony. He would urge the Council and staff to continue their aggressive pursuit of this much needed system. REPORTS Councilman Ratty, member of the Legislative Committee, read Report No. 1-84 regarding Predictable Funding for Local Governments, as follows: At the May 1, 1984, meeting the Board of Super- visors of Kern County, Resolution No. 84-282 was adopted in support of the State Legislature adopting legislation to provide predictable funding for local governments and public schools. At the City Council Meeting of May 9, 1984, the matter was referred to the Legislative Committee for study and recom- mendation. This Con~ittee has met to review the resolution adopted by the County Board of Supervisors. Also, we discussed the difficulty the City has had over the past few years in adopting our annual budget. We noted the difficulty has largely been the result of the uncertainties with regards to revenues and subventions the City receives from the State. Pursuant to our discussions, we concur with the action taken by the County Board of Super- visors and strongly recommend the City Council adopt the resolution which supports the adoption of State Legislation which will insure stable and predictable funding and which will assist in retaining local control and home rule. Upon a motion by Councilman Ratty, Legislative Co~nittee Report No. 1-84 regarding Predictable Funding for Local Governments, was accepted. Adoption of Resolution No. 29-84 of the Council of the City of Bakers- field supporting Stable and Predictable Funding for Local Governments and Public Schools. Upon a motion by Councilman Ratty, Resolution No. 29-84 of the Council of the City of Bakersfield supporting Stable and Predictable Funding for Local Governments and Public Schools, was adopted by the following roll call vote: Ayes Noes Councilmen Moore, Payne, Ratty, Rockoff, Barton, Christensen None Absent: Councilman Childs Bakersfield, California, May 16, 1984 - Page 5 f;69 Mayor Shell reported that due to an urgency she sent Mailgrams to all members of the Senate Finance Committee urging support of the Mark's Bill, SB 1300. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a Allowance of Claims Nos. 5632 to 5734, inclusive, in the amount of $281,363.08. (b Claim for Damages from Pacific Gas and Electric Company, 1918 "H" Street, Bakers- field. (Refer to City Attorney) (e Claim for Personal Injuries from Peggy Jean Lippert, 3312 Coyins Street, Bakers- field. (Refer to City Attorney) (d Claim for Damages from Robert William Grahn, 10 Candy Street, Bakersfield. (Refer to City Attorney) (e Claim for Damages and Personal Injuries from Rene A. Carrillo, Route 1, Box 714, Bakersfield. (Refer to City Attorney) (f Claim for Damages and Personal Injuries from Gary Byron Card, 1800 Manley Street, Bakersfield. (Refer to City Attorney) (g Quitclaim Deed from the County of Kern for that portion of the Bike Path lying between Beach Park and Manor Street. (h Quitclaim Deed of Access Easement from the City of Bakersfield to Joseph Gallagher, et al, across Parcel 2 of Parcel Map No. 4849, located south of Columbus Avenue and Auburn Street. An alternate easement has been granted across adjacent property. (i Sewer Line Easement and Storm Drain Ease- ment from Carlson and Buerkle for sewer and storm drain line to serve property at 2605 Mr. Vernon Avenue. (J Sewer and Storm Drain Easement from Lutheran Church of Prayer for sewer and storm drain lines to serve property at 2605 Mr. Vernon Avem~e. (k Road Easement from Tenneco Realty Develop- ment Corporation providing an easement for Camino Media, a public road, as required by the Planning Commission for Parcel Map No. 7059, located at northwest corner of Gosford Road and Ming Avenue. 370 Bakersfield, California, May 16, 1984 - Page 6 (1) (m) (n) (o) (P) (q) (r) (s) (t) (u) (v) (w) Street Right-of-Way Deed from Presidio Savings and Loan Association providing an easement for public road, as required by the Planning Commission for Parcel Map No. 7247, located at northeast corner of Stine Road and White Lane. Offer of Road Dedication from Steve D. and Rose M. Zember providing additional public road right-of-way, as required by the Planning Commission for Lot Line Adjustment No. 124, located on south side of Casa Loma Drive, easterly of Cotton- wood Road. Improvement Agreement for Tract No. 4551 with Robert N. Rodriguez, Inc., dba R.N.R. Enterprises, for construction of sidewalks required by the Planning Commission, located south of Pacheco Road and east of Monitor Street. Maps of Tract Nos. 4691, Units "A", and "C" and Improvement Agreement with Magna Development Corporation for con- struction of improvements therein, located at southwest corner of Panama Lane and South "H" Street. Notice of Completion and Acceptance of Work on Tract No. 4551, Contract No. 83-39 with True Spirit Corporation, located south of Pacheco Road and east of Monitor Street. Application for Encroachment Permit from the County of Kern for construction of 24" x 36" storm drain lines and manhole within the Chester Avenue right-of-way north of the Kern River. Plans and Specifications for construction o£ Bridges on Coffee Road at Kern River Canal and Arvin-Edison Canal. Plans and Specifications for construction of an extension of the Quantico Avenue Storm Drain between East Brundage Lane and Freeway 58. Plans and Specifications for construction of street improvements on East Brundage Lane between Quantico Avenue and 1,000 feet west. Agreement between the City of Bakersfield and Joy Canaday for instruction in Ceramic Painting, Copper Tooling Crafts, Bits and Pieces Crafts, Do It With Paper Flower Arranging, Landscape Design and Verbal Arts. Agreement between the City of Bakersfield and Eugene R. Carol for instruction in Tennis. Agreement between the City of Bakersfield and Jamie ~clntire for instruction in Racquetball. Bakersfield, California, May 16, 1984 - Page 7 271 (x) (Y) (z) (d), (e), (q), (r), Calendar, Ayes Noes Absent: Agreement between the City of Bakersfield and Robert Armster, Jr., for instruction in Karate. Novation between Thomas G. Richards, Robert N. Rodriguez, Inc., dba R.N.R. Enterprises and the City of Bakersfield substituting Robert N. Rodriguez, Inc., dba R.N.R. Enterprises, for Thomas G. Richards as sub- divider for those improvements required by the Planning Commission for Parcel Map No. 5846, located at southeast corner of Stine Road and White Lane. Application for Encroachment Permit from Susan A. Patrick, 800 Deanna Way, Bakers- field, for construction of a 6 foot high masonry fence along back of sidewalk on Lantados Street and a 4 foot wall along the side lot line to the back of sidewalk on Deanna Way. low bid of H. V. Carter Company, for Gasoline Powered Tractor with Mower Units, was accepted and the other bid rejected. Upon a motion by Councilman Ratty, low bid of Kern Turf Supply, in the amount of $6,]87.99, for Tru-Cut Mowers, was accepted and all other bids rejected. Upon a motion by Councilman Barton, low bid of Granite Construction Company, in the amount of $249,230.40, for resurfacing Pierce Road between Rosedale Highway and Calloway Canal, F.A.U. Project No. M-F 289(1), was accepted, all other bids rejected and the Mayor was authorized to execute the contract. None Councilman Childs ACTION ON BIDS Upon a motion by Councilman Moore, in the amount of $34,191.36, Upon a motion by Councilman Rockoff, Items (a), (b), (c), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (s), (t), (u), (v), (w), (x), (y) and (z) of the Consent were adopted by the following roll call vote: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Christensen 372 Bakersfield, California, May 16, 1984 - Page 8 DEFERRED BUSINESS Adoption of Ordinance No. 2913 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 properties in the City of Bakersfield located on the northwest corner of Stine and Ilarris Roads. The application for this amendment was made by Ada R. Hill and would change subject properties from an "A" (Agricultural) Zone to a C-1 (Limited Commercial) Zone. amendment. The Planning Commission recommended approval of this Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2913 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 properties in the City of Bakersfield located on the northwest corner of Stine and Harris Roads, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton Christensen Noes: None Absent: Councilman Childs Adoption of Ordinance No. 2914 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 properties in the City of Bakersfield located at 1220, 1228, 1234 and 1302 "K" Street. The application for this amendment was made by Milo Brooks for M. F. Darehsori and would change subject properties from an R-4 (Multiple Family Dwelling) Zone to a C-2 (Commercial) Zone. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 29]4 New Series of the Council of the City of Bakersfield, California, May 16, 1984 - Page 9 Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located at 1220, 1228~ 1234 and 1302 "K" Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes Councilmen Moore, Payne, Ratty, Rockoff, Barton, Christensen Noes None Absent: Councilman Childs Adoption of Ordinance No. 2915 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title ]7 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the east side of Stine Road, 800 feet south of Harris Road and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Gre~ Owens for Sami C. Srour and would change subject properties from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Develop- ment) Zone, consisting of one and two-story apartment units, containing a total of 100 units. The Planning Commission recon~ended approval of this amendment, subject to 28 additions to the plan, and made the findings delineated in Section 17.52.070 of the Municipal Code. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2915 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Munici- pal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the east side of Stine Road, 800 feet south of Harris Road and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes Absent: Councilmen Moore, Payne, Christensen None Councilman Childs Batty, Rockoff, Barton, Bakersfield, California, May 16, 1984 - Page l0 Adoption of Ordinance No. 2916 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of Beechwood Street, 600 feet east of Stine Road and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Gregory G. Owens for U. S. Home Corporation and would change subject properties from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone, consisting of 96 townhouse units and 33 single family zero lot line homes, containing a total of 129 residential units. The Planning Commission amendment, subject to 9 additions recommended approval of this to the plan, and made findings delineated in Section 17.52.070 of the Municipal Code. Upon a motion by Councilman Christensen, Negative Declaration and Ordinance No. 2916 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of Beechwood Street, 600 feet east of Stine Road and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: Councilman Childs NEW BUSINESS Certification of Negative Declaration for Westminster Ceramics Tile Facility. In accordance with the California Environmental Act Guidelines, a Negative Declaration has been prepared property noticed. No negative comments were received. Quality and the Bakersfield, California, May 16, 1984 - Page Upon a motion by Councilman Barton, for Westminster Ceramics Tile Facility, Mayor Shell declared a brief reconvened the meeting at 8:09 P.M. recessed Negative Declaration was certified. recess at 7:50 P.M. and CLOSED SESSION Upon a motion by Councilman Christensen, the Council to a Closed Session at 8:10 P.M. to discuss and negotiate an Employment Agreement for the position of City Manager. The regular meeting was reconvened at 12:10 A.M. Councilman Payne announced that the Council, in Closed Session, voted to make a final contract for the position of City Manager of the compensation package, as follows: 1. Starting salary of $70,000, which is Step 3 in a 5 Step range. 2 Deferred Compensation. 3 Pension. 4 Insurance. 5 Annual Physical Examination. 6 Automobile. 7Professional Fees and Expenses. Fifteen days Sick Leave. 9Fifteen days Administrative Leave. 10 Fifteen days Vacation. Six months Severance Pay Contract Clause. 12 Three months Election Protection Contract Clause. 13. 14. 15. The contract was Moving Expenses. Relocation Payment. General Terms of Employment. drafted by City offer to Mr. George Caravalho City of Bakersfield, with a Attorney Oberholzer and he would have to be contacted for specifics. The vote to make this final offer to Mr. Caravalho was unanimous. The difference between the previous City Manager's total compensation package and 376 Bakersfield, California, May 16~ 1984 - Page 12 the one being offered Mr. Caravalho is $8,290.00 per year; $5,000.00 being alloted to salary and $3,290.00 is the difference in the fringe benefit package. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 12:15 A.M. MAYOR of?h~)City o~ BaKersfield, Calif. ATTEST. C[TY~'CLE~ and Ex Officio Clerk of the Council of the City of Bakersfield~ California ma Bakersfield, California, May 30, 1984 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., May 30, 1984. The meeting was called to order by Mayor Sheill, followed by the Pledge of Allegiance and Invocation by Councilman Rollie Moore. Present: Absent: The City Mayor Shell. Clerk called the roll as follows: Councilmen Payne, Ratty, Rockoff, Barton, (seated at 7:40 P.M.) Childs, Christensen, Moore was that only non-profit religious, charitable or a fireworks stand in the those organizations must organizations, existing for veteran, patrietic civic betterment would be allowed to have City. One of the requirements was that have a principle and permanent meeting place None Minutes of the regular meeting of May 16, 1984, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Guy Toone, Bethel Temple, 4040 Niles Street, stated the Youth Group o[ Bethel Temple has had a fireworks stand on Ming Avenue for the past seven years and the funds derived are used for youth activities during the year. This year, when he applied [or a permit, it was issued. But, during several subsequent telephone calls, the permit was cancelled, reissued and then cancelled again because the principle meeting place of the organization was in the County. He could understand being cancelled, i[ the organization had been notified in advance prior to paying the permit. fee and obtaining the license, but not the day after the deadline for apply-- ing for a permit had passed. The merchandise has been ordered for almost a year. He asked the Council to reconsider the decision on the fireworks stand for Bethel Temple Church. City Attorney Oberholzer stated the Council adopted a revision to the fireworks ordinance last year limiting the number of permits that would be issued in the City. Included in the provision Bakersfield, California. ;~ay 30, 1984 - Page 2 within the City and must be organized and established within the City for a period of one year. Apparently, Bethel Church made their application and it was detected their principle meeting place was in the County. There is no provision in the ordinance to grant waiver~, consequently, the licensing department has had to follow the pro- visions of the ordinance. The City Attorney's Office was consulted on this particular application and has made a ruling that their principle and permanent meeting place was not in the City. The only action the Council can take would be to rescind the law or change the law. There is no provision to waive the law to allow an organization to not have to comply. If that were to occur, the Council would have invalidated the entire law. After a lengthly discussion, Councilman Ratty made a motion to adopt an Emergency Ordinance to drop the section of the law that reads, "Having a principle and permanent meeting place in the City, organized and established in the City for a period of at least one year prior to filing." Adoption of Emergency Ordinance No. 2917 New Series of the Council of the City of Bakersfield amending Section 8.44.030, Subsection A., of the Bakers- field Municipal Code relative to per- sons eligible for a permit to sell Fireworks. Upon a motion by Councilman Ratty, Emergency Ordinance No. 2917 New Series of the Council of the City of Bakersfield amendin~ Section 8.44.030, Subsection A., of the Bakersfield ~4unicipa] Code relative to persons eligible for a permit to sell Fireworks, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Childs, Moore Noes: Councilman Absent: Councilman Ms. Cheryl Christensen Barton Nelson, organization appreciates the and have been in existence San Joaquin Sport Divers, ordinance change. They for almost thirty years. stated their are incorporated Their principle Bakersfield, California, ~ay 30, 1984 Page 3 :279 address is a P.O. Box in the City. Her husband has been President of that organization for the past one and one-half years. All board meetings are held in their home and they reside in the City. General meetings are held in var5ous restaurants and Veteran Halls. Their organization provides divers for Search and Rescue for the Kern County Sheriff's Department. The funds derived from the fire- works stand provides for the maintenance of their diving equipment. Ms. Helen McGratten, President of the National Organiza- tion of Women - Bakersfield Chapter, requested the Council appoint and form a Commission on the Status of Women in Bakersfield. To establish this commission, it is also requested the Council establish a committee to define the roles of the appointed members, purpose, limitations and evaluation process, and financial backing and account- ability. This co~m~unity is approximately fifteen years behind in developing a commission and it is felt to be important and an asset to the City and County of Kern. Dr. Nancy Bailey, 3500 Grassotti Court #6, stated the purpose of a Comnission on the Statns of Women is a fact-finding body who reports to the Council to offer guidance in areas of particular concern to women. She reported on a survey of fifty municipalities with Commissions on the Status of Women, conducted by the National Organization of Women. Of particular note was the fact that commis-- sions most successful had clear guidelines and instructions for their operations. The Councils in those cities had clearly specified the scope and duties of those co~issions in writing prior to their for-- mation. Ms. Gloria Dumler, a Sexual Assault Counselor for the past ten years for the Rape Hot Line of Kern County, feels a Commis- sion on the Status of Women is very important and would be very beneficial in the community. In the past ten years she has counseled victims of every conceivable sexual assault and battery possible. The public consciousness has risen in the past ten years, but not 38O Bakersfield, California, May 30, 1984 - Page 4 enough. Statistics indicate one in three women in her lifetime will be the victim of some form of sexual assault. Most women are unaware of those statistics and how to protect themselves, their legal rights and what services are available in the community. Volunteer agencies can no longer deal with issues like this. The economic reality is that there is no longer a vast quantity of free untapped female volunteer labor that there once was. A commission would be invaluable in helping to promote public education and aware- ness of this issue and the Council ewes Jt to the women in the community to support such a commission. Ms. Reed Garnet, staled there are many groups that have received grants in this community for women's issues and problems. There is presently no way of coordinating those different groups, and ~t would be very helpful to the women in this community to have one central governmental agency to serve in that capacity. Upon a motion by Councilman Ratty, the issue of establish- ing a Commission on the Status of Women was referred to the Inter- Governmental Relations Committee. CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from The Robert P. Warmington Company, 3090 Pullman Street, Costa Mesa, California, dated Hay 17, 1984, requesting annexation of property located at 3600 Rosedale Highway, containing 6.5 acres of land, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Christensen, communication from Kern Farmers Market Association, P.O. Box 5232, Oildale, received on May 25, 1984, requesting use of City owned lot on 2]st Street between "M" and "N" Streets to conduct a Certified Farmers' Market, was received and referred to the Budget and Finance Commit- tee. (An Agreement between the City and Kern Farmers Market Associ- ation was later approved under Council Statements.) Bakersfield, California, May 30, 1984 - Page 5 281 Upon a motion by Councilman Rockoff, communication from the Penstar Group, P.O. Box 7967, Fresno, dated May 25, 1984, requesting an Inducement Resolution to allow the issuance of an Industrial Development Bond for the construction of a 160 bed skilled nursing facility on Mount Vernon Avenue, was received and referred to Budget and Finance Committee. Upon a motion by Councilman Childs, communication from the City of Maricopa, P.O. Box 548, Maricopa, dated May 25, 1984, desiring to enter into a joint powers agreement with the City for the purpose of sharing the legal services of Richard Oberholzer, City Attorney, was received and referred to the Governmentall Efficiency and Personnel Committee. Upon a motion by Councilman Childs, communication from George A. Caravalho, 125 del Pacifico, San Clemente, dated May 18, 1984, enclosing the executed City Manager's Contract accepting the position of City Manager, City of Bakersfield, was received and the Mayor authorized to execute the Agreement. Upon a motion by Councilman Moore, communication from the Governor's Office of Local Government Affairs, Sacramento, regardin;~ the Governor's Water Program, was received and referred to Water Resources Department. COUNCIL STATEMENTS Councilman Payne stated that during the past few weeks he has received numerous resumes from individuals in the community expressing an interest in the appointment to the vacancy of Police Commissioner. The following persons submitted resumes which have been given to the Clerk's Office to distribute to all Councilmembers. Donald Galey, 3408 Panorama Drive, Laurence Montel, 2613 Loma Linda Street, David Schieber, Dewey Stafford, Larry Robinson, Robert Whittemore, 2108 Belvedere, 1021 San Vicente Drive, Jr., 2613 Crest Drive 1429 Gemini Court, 382 Bakersfield, California, )~ay 30, 1984 - Page 6 Coucilman Barton recognized Mr. of Troup 80, who introduced Bruce Cowan, Scout. He is 18 years old, a Senior at Wayne Lee, Scout Master a recently honored Eagle South High School, enjoys wood working and plans to enter the military upon graduation. Councilman Rockoff stated due to severe damage from the wind storm that occurred today, Public Works Director Hawley had contacted him requesting Council authorize brush pick-up service at curb side. Upon a motion by authorization to establish Councilman Rockoff, Council granted a brush pick-up service at curb side or in the alley, for ten days ending on Friday, June S, 1984. Tree limbs are to be cut into lengths of ten feet and residents are requested to contact the City Corporation Yard for the service. This motion was unanimously approved. Councilman Rockoff stated several months ago the City instituted a new method of street sweeping and asked about the possibility of a staff report back to the Committee on the success or failure of the program. In answer to Councilman Rockoff's question, Acting City Manager Russell suggested Staff report back to the Council on the program. The program has been fairly successful. Street Superin- tendent Bob Hall has been submitting reports. The success of the program is due in part to the Bakersfield Californian publishing on a weekly basis the locations of the sweeping. Councilman Barton requested that suggestions on how to improve on the efficiency of the program be included in the Staff Report. Councilman Childs submitted the resume of William Perry, 2921Staunton Court, Bakersfield, for consideration for for Police Commissioner. Councilman Payne submitted the resume of Joe H. Truxtun Avenue, Bakersfield, Police Commissioner. the vacancy Davis, 2825, :for consideration for the vacancy for Bakersfield, California, May 30, 1984 - Page 7 In answer to a question by Councilman ~ioore, Acting City Manager Russell stated the letter in the Council packet from Mr. George Caravalho will be taken to the Governmental Efficiency and Personnel Committee on Friday, June 1, 1984. Councilman Moore thanked the Finance Department and espe- cially Assistant City Manager - Finance, W. D. ttigginbothal,~ for pre- paring and providing the Council with a more comprehensive list of benefits and salary package for the new City Manager. tte read the memorandum into the record as follows: As I am sure you are aware, George A. Caravalho has accepted the offer made by th'e City Council on May 16, 1984~ to begin employment as City Manager for the City of Bakersfield. For your information, I have reviewed the contents of the agreement and the estimated cost with the Finance Department. We estimate the annual con- tract cost to be $110,200. This figure includes salary, deferred compensation, pension, health and life insurance, automobile, and expenses. The expenses are for participation in professional organizations, travel, etc., estimated at $7,500. It is important to note the $7,500 is an estimate for budget purposes, which I consider to be on the high side, with the possibility of the actual expenditures being less at the end of the fiscal year. Further, the contract provides that fifteen days of vacation leave and fifteen days of sick leave shall be placed on the books at the date of commencement of employment. While the value is approximately $8,000, there will in fact be no additional cost to the City in the event Mr. Caravalho uses any of the vacation or sick leave since it is included in his annual salary. More simply put, if he uses any of the vacation or sick leave, as with other employees, his salary would merely continue for those days of sick leave or vacation used. Also, any portion of the I[ifteen days of vacation or sick leave remaining unused at the end o[ the year would be removed from the books, leaving only sick leave and vacation actually accrued. In summary, at no time would Mr. Caravalho receive any type of payment (other than his norma] salary) for any portion of those vacation and sick leave days placed on the books at the date of commencement of employment. If you desire additional ~nformation or further clarifJcation, please advise me. W. D. Higginbotham, Jr. cc: George A. Caravalho Bakersfie]d, California, May 30, 1984 - Page 8 In answer to a question by Councilman Moore, Assistant City Manager -Finance, W. D. Higginbotham stated the previous City Manager's compensation package was analyzed and, in round figures, totaled approximately $97,500. Councilman Moore stated there will be a Waste Processing Conference in Orlando, Florida,next week and asked Council approval for his attending in the capacity of Alternate to the Kern County Solid Waste Management Committee. Public Works Director Hawley will also be attending. Councilman Ratty stated h(- was the one chosen to serve on this Committee and keep the Council informed on Waste Management. The City and County are in a great state of flux with their waste disposal. There has been trouble with the dump, and even the next site is under attack by surrounding residents. There is an evolu- tion going to happen in the next few years and the City can no long,~r continue to bury its waste. It is imperative the Council keep informed on this issue. He feels a Councilmember should be liaison to this Committee, in addition to staff, and recommends Councilman Moore attend the conference as he Feels it is more than he can handle. Acting City Manager Russell stated the trip to Orlando would cost approximately $1,200 for Five days. Councilman Moore stated landfill sighting and refuse con- version to energy is going to be a major issue in the County. It is anticipated by the Public lVorks Department the City will spend 60 million dollars for refuse disposal within me next twenty years. This is not a project to be taken l~ghtly. It is going to be imper-- ative the City locate, isolate and begin some kind oF construction on a new site or we will have a lot of problems. Upon a motion by Councilman Payne, Council authorized Councilman Moore's attendance at th(, Waste Processing Conference in Orlando, Florida, the week of June 4, 1984, in the capacity of Bakersfield. California, May 30, 1984 - Page 9 of Alternate to the Kern County by the following roll call vote: Ayes Councilmen Payne, Ratty, Barton, Noes Councilmen Rockoff, Childs Abstaining: Councilman Moore Acting City Manager Russell stated Mr. President attention Solid Waste Management Committee, Christensen Charles Drew, of Kern Farmers Market Association, has brought it to his that they would like to start on Saturday, June 2nd. That MRC provides a professional service to identify and recover sales tax income otherwise unrealized due to State Board of Equalization distribution errors. The State Board of Equalization is charged with over- all audit responsibilitity; however, staffing is not adequate to audit all aspects of sales tax reporting. The Board concentrates primarily on auditing sales tax collections reported by busi- nesses with very little auditing taking place with regards to "point of sale" distribution which follows: Pursuant to an inquiry by City Staff, representa- tives from Municipal Resource Consultants (MRC) met with this committee to review their professional services relative to an audit of the City's sale tax records. request to use City owned property located on 21st Street between "M" and "N" Streets for a Certified Farmers Market, was referred to Budget and Finance Committee. This Agreement is the same as has been approved in the past. If Council desires, Staff would recommend the Agreement be approved and the Mayor authorized to execute. Approval of Agreement between City and Kern Farmers Market Association for use of City owned Lot on 21st Street between "M" and "N" Streets to conduct Certified Farmers' Market. Upon a motion by Councilman Rockoff. Agreement between the City and Kern Farmers Market Association for use of City owned lot on 21st Street between "M" and "N" Streets to conduct Certified Farmers' Market was approved and the Mayor authorized to execute same. REPORTS Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 14-84 regarding Sales Tax Audit, as 356 Bakersfield, California, May 30, 1984 - Page 10 results in cities being subject to distribution errors. MRC seeks out errors existing because of companies registering for sales tax permits, in many cases, according to their convenience which is not always consistent with point of sale regulations. Once the reporting errors are corrected, the correction is permanent and will be a permanent future source of revenue for the City of Bakersfield. We are pleased to note that MRC has satisfactorily performed this service for a number of California Cities. Their total fee for the service was proposed to be 50% of new sales tax income recovered as a result of the audit as applied to each new permit produced for the first four consecutive reporting quarters following completion of the audit and confirmation and corrections by the State Board of Equalization. Pursuant to our discussions, MRC has agreed to perform services for the fee of 50% for the first two quarters and reducing to 40% for the last two quarters. It is important to note the fee is on a contingency basis with no fees being due MRC unless sales tax income is recovered as a result of the audit. Therefore, this committee recommends the City Council approve the attached agreement between the City of Bakersfield and MRC and authorize the Mayor to execute. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 14-84 regarding Sales Tax Audit, was accepted. Approval of Agreement between City and MRC to ~dentify and recover sales tax income. Upon a motion by Councilman Rockoff, Agreement between City and MRC to identify and recover sales tax income, was approved, and the Mayor was authorized to execute the same. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 15-84 regarding License Rates for Palmists, Fortune Tellers and Clairvoyants, as follows The Budget and Finance Committee met on May 22, 1984, to consider the request of Ms. Laurie King regarding business license rates for fortune tellers, psychics, palmists, etc., who perform for compensation at conferences, seminars and similar gatherings. Bakersfield, California, May 30, 1984 - Page 11 :q87 The Committee noted that the current license rate for palmists, fortune tellers, clairvoy- ants, etc., is $300.00. This annual license rate has no provisions for prorating for a shorter period of time. Consequently, a one- time visit to Bakersfield would necessitate persons in the psychic category to pay a license l'ee of $300.00. The Committee recommends that the following adjustment be made to the Municipal Code for licensing palmists, fortune tellers, etc., who perform during a conference, seminary or similar gathering: Annual Rate Palmists, fortune tellers, clair- voyants, efc. $300.00* *except at conferences, seminars or similar gatherings of a duration of four or less days, attended by 20 or more such palmists, fortune tellers, clairvoyants, etc., each person performing services for compensation shall pay a license fee of' $15.00. The attached emergency ordinance incorporates these changes. The Committee recommends adoption of the emergency ordinance. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 15-84 regarding License Rates for Palmists, Fortune Tellers and Clairvoyants, was accepted. Adoption of Emergency Ordinance No. 2918 New Series of the Council of the City of Bakersfield amending Section 5.02.300 (56) of the Bakers- field Municipal Code regarding License Rates for Palmists, Fortune Tellers, and Clairvoyants. Upon a motion by Councilman Rockoff, Emergeney Ordinance No. 2918 New Series of the Council of the City of Bakersfield amend- ing Section 5.02.300 (56) of the Bakersfield Municipal Code regard- ing License Rates for Palmists, Fortune Tellers, and Clairvoyants, was adopted by the following roll call vote: Ayes Councimen Payne. Ratty, Rockoff, Barton, Childs, Christensen, Moore Noes None Absent: None 388 Bakersfield, California, May 30, 1984 - Page 12 Councilman Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. 5-84 regarding 1984-85 Recreation Budget, as follows: The Auditorium and Community Services Committee has met to review the proposed Recreation Budget for the 19S4-85 fiscal year. Each year the budget is submitted prior to the regular budget hearings in order that recruitment of personnel for the summer programs may begin immediately. The Recreation Budget is divided into four major activities: (1) Aquatics; (2) Sports; (3) Parks and Playgrounds; and (4) Martin Luther King, Jr., Community Center. The preposed budget totals $638,525, and when compared to the 1983-84 budget, it reflects an increase of $8,705. The above total reflects the following specific budget amounts: AQUATICS $117,730 SPORTS $111,155 PARKS AND PLAYGROUNDS $141,410 MARTIN LUTHER KING, JR. COHMUNITY CENTER $268,230 A more detailed breakdown of each activity is attached hereto. We were pleased to note the containment of an objective in each major activity to computerize all registrations and the registration system. Successful attainment of this objective will greatly facilitate our ability to keep track of the participants in our Recreation Programs, not only for specific accomplishments they may achieve, but for subsequent year follow-ups and registration. Such computerization will allow us to have recorded on our records the "effec- tiveness" of our various programs. In conclusion, this committee concurs with staff requests as enumerated in the attached proposed Recreation budget and is highlighted in this report. Therefore, this committee recommends the adoption of the proposed budget for the 1984-85 fiscal year. Upon a motion by Councilman Christensen, Auditorium and Community Services Committee Report No. 5-84, regarding 1984-85 Recreation Budget was accepted. Bakersfield, California, ;~ay 30, 1984 Page 13 Approval o[ Recreation Budget for 1984-85 Fiscal Year. Upon a motion by Councilman Christensen, Recreation Budget for the 1984-85 Fiscal Year was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs, Christensen, Moore Noes: None Absent: None Councilman Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. 6-84 regarding Bakers- field Art Commission, as follows: Recently, the City Council received correspondence from the Bakersfield Art Commission and the Bakers- field Art Association relative to proposed changes in the rules and regulations of the Bakersfield Art Commission. This committee has met with members of the Art Commission and Art Association to review and discuss the proposed changes. Our review and discussion was thorough with both organizations. In addition to input from both organizations, this committee made certain recommendations. Attached to this report is the revised rules and regulations which resulted from our discussion. Both the Art Commission and Art Association have approved the revised rules and regulations and, therefore, we recommend City Council approval. In addition to the rules and regulations, this committee discussed considering a renewal of its agreement with the Bakersfield Art Association for the operation of the Cunningham Art Gallery. It was the consensus of this committee that no action would be taken on the agreement pending further input expected by a consultant to be employed by the Art Commission. After the con- sultant completes his work, the meeting will be held to review his recommendations prior to making a decision on the future operating agreement. Mr. George Granger, representing the Bakersfield Art Com- mission, thanked the Auditorium and Community Services Committee for their patience during the hearing and recommended the Agreement and enactment of suggested modifications to Rules and Regulations not be approved until the report from the consultant is; completed. A consultant has been hired with money provided by a grant procured S90 Bakersfield, California, May 30, 1984 - Page 14 by the Art Association and by money raised and donated by the Art Association. The purpose of the consultant is to bring the Art Museum up to modern standards. The museum has the potential of being a much richer and stronger resource for the community. Under the present administration. Jt does not qualify for grants, traveling shows and various other corporate gifts and offerings in the field of art. ization has decided not these reasons. Ms. stated she ~s Within just the past six weeks, a local organ- to give the Art Association $50,000 for Ann Brown, Director of the Cunningham Art Gallery, elected by the Bakersfield Art Association. The con- suitant is signing a contract to complete the report no September 30, 1984. In answer to a question by Councilman Rockoff, later than Mr. George Granger stated the Art Association would rather continue with the existing rules, because the new rules impose some limitations that will interfere with the Art Associations' ability to do their work. The Art: Commission and Art Association are in agreement that the rules, as they now exist, are not adequate and need to be changed. They do not accurately reflect what is taking place in that museum. In answer to a question by Councilman Payne, Mr. George Granger attempted to clarify the roles of the Art Commission and Art Association. The Art Commission has never taken much interest in the day to day operation of the museum. The Art Association has had the primary responsibility for the day to day operation of the museum. This is a volunteer organization and, in the past, as long as they were willing to pay for it and do the work themselves, every- one was willing to allow them to do it. The situation now is that the State and Federal Government, and other organizations, want to assist the museum with money, displays, traveling shows, etc. but, because of the at the museum, administrative structure, and some physical problems those organizations do not feel they can entrust their Bakersfield, California, May 30~ 1984 - Page 15 money and works of art with the museum. The museum is in need of a more professional organization, more than a group of volunteers. It is a matter of hiring an expert consultant to advise on how to make the necessary changes and then to try to make the changes in an applicable way to our museum. This change does not need to come about with any contention or ranker. It is a problem That needs to be solved and the rules being proposed would make it more difficult. In answer to a question by Councilman Payne, Mrs. Gertell Swan, Chairperson for the Bakersfield Art Commission stated the Commission has no objections to the Rules and Regulations not being adopted until a later date. She stated the Rules and Regulations were approved by the Bakersfield Art Commission and by the Recreation and Community Services Committee. In answer to a question by Councilman Moore, City Attorney Oberholzer stated the duties of the Bakersfield Art Commission are spelled out in the Agreement between the City and County of Kern in establishing the Commission, as follows: "It is the function and duty of the Commission to advise and assist the City Council in the manage- ment and operation of the building and to carry out the object and purposes of' the agreement; to promote and develop programs designed to create public interest in art and art displays, to formulate reason- able rules and regulations subject to the approval of the City Council for the use of the building for meeting places for art groups and art associations, to cooperate and work with art groups or art associa- tions desiring to use the building, to supervise any and all personnel employed by the City or engaged or appointed by the City Council to operate and maintain said building." Subject to the provisions o:[ the Public Resource Code, "To otherwise lnanage arid op~rate building for art gallery purposes and to do any other act necessary to assist in carrying out the object and purposes of the Agreement." City Attorney Oberholzer stated the Art Commission is the Council's organization responsible for running the Art Gallery. In answer to a question by Councilman Moore, City Attorney Oberholzer stated the Rules and Regulations presented by the Committee, before the Council tonight are an amendment to the rules and regula-. tions that presently exist between the Art Commission and the Art 392 Bakersfield, Cali[ornia, ){ay 30, 1984 - Page 16 Association, from the standpoint they establish the authority of the two organizations with respect to running the Art Gallery. The Rules and Regulations are adopted by the Art Commission. The Art Association does not sign the Agreement but is operating pursuant to and are recognized in the Agreement between the City and County. The Art Commission establishes the rules for the operation and it is beliew~d that through an agreement between the Commission and Associa- tion, operates the Art Gallery. Ms. Ann Brown, Director of the Cunningham Art Gallery stated is no current agreement between the Art Commission and Associa- Mr. George Van Dreal, Professional Artist and Teacher, stated he has concerns about the credentials of members of the Art Commission and how they are chosen; their erratic meeting times; number of meetings; and their inaccessibility. tte is not the only artist in the community concerned about these issues. For the first time in approximately twenty years, the Art Association is bringing in quality shows. This has been done by hard work and a great deal of effort to raise money. He does not wish to see the Association members discouraged and would like to see the Council take a good look at the two organizations and how they funcfion before making any decisions. There are a number of educators who would like to bring art students into the gallery, but over the past three years there has existed such an erratic situation, they have chosen not to. Councilman Childs stated that since it appears that the Art Association and Art Commission are both concerned with the Art Gallery, regardless of their differences, he would like to make a motion to refer the matter back to the Auditorium and Community Services Committee until the consultant's report is prepared, for further consideration at that time. there tion. Bakersfield, California, May 30, 1984 - Page 17 Upon a motion by Councilman Childs, Auditorium and Community Services Committee Report No. 6-84 regarding Bakersfield Art Commis- sion was deferred, until such time as the consultant, hired by the Bakersfield Art Association, has prepared his report. Councilman Moore, Chairman of the Water Resources Committee, read Report No. 5-84 regarding Board Members for Non-Profit Corpora- tion, as follows: The City is presently proceeding with the upgrading and expansion of Wastewater Treatment Plant #3. As you are aware, the method for financing the upgrad- ing and expansion will be the issuance of leasehold mortgage bonds by a non-profit corporation. On April 4, 1984, the City Council employed Strad]ing, Yocca, Carlson & Rauth as bond counsel for purposes of forming the non-profit corporation and other legal services relative to the bond issue. The bond counsel has formed the non-profit corpora- tion and as was the case with the non-profit corpora- tion for the expansion of Wastewater Treatment Plant #2, it is necessary to appoint the three members of the Board of Directors. This committee concurs with staff in that it is important the Board of Directors be familiar with such a project of upgrading and expanding the sewer plant so as to facilitate the construction and financing. Staff has submitted the names of three individuals who wish to serve on the Board of Directors, and this committee concurs w~th the recommendation and recommends the City Council approve (1) John Chaffin, (2) William Jing, and (3) A1 Wheelan as members of the Board of Directors. Upon a motion by Councilman Moore, Water Resources Committee Report No. 5-84 regarding Board Members for Non-Profit Corporation was accepted. Upon a motion by Councilman Moore, John Chaffin, William Jing and A1 Wheelan were approved as members of the Board of Directors for Wastewater Treatment Plant No. 3 Non-Profit Corporation. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5735 to 6075, inclusive, in the amount of $1,106,610.63. (b) Claim for Damages and Personal Injuries from Dale Morrison, P.O. Box 3611, Bakersfield. (Refer to City Attorney) 394 Bakersfield, California, May 30, 1984 - Page 18 (c) (d) (e) (f) (g) (h) (i) (J) (k) (i) Claim for Damages and Personal Injuries from Jeffrey Allen Cobbs, 9 Dunlap Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Jason Stephen Moyer, 7213 Saddleback Drive, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Bruce A. Bonaventura, c/o Chain, Younger, Lemucchi, Norlegs, Cohn, Stiles & Rodriguez, Attorneys at Law, 1128 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Rickey L. Madsen, c/o Chain, Younger, Lemucchi, Noriega, Cohn, Stiles, & Rodriguez, Attorneys at Law, 1128 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Josie M. Owen, c/o Chain, Younger, Lemucchi, Norlegs, Cohn, Stiles & Rodriguez, Attorneys at Law, 1128 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages 8617 Hardt Avenue, City Attorney) from Randal] Joel Jangula, Bakersfield. (Refer to Street Right-of-Way Deed from and Improve- ment Agreement with Bernard J. and Carole E. MacElhenny providing for dedication of additional right-of-way on Planz Road and guarantee of construction of improvements required by the Planning Commission for Lot Line Adjustment No. 146, located at northeast corner of Planz Road and Larson Street. Assignment of Landscape Easement from Tenneco Realty Development Corporation as required for a Maintenance District on perimeter of Tract No. 4590, located at the southwest corner of Gosford Road and Stockdale Highway. This landscape strip is to be maintained by the City under Maintenance District No. Street Right-of-Way Deed from Northridge Group providing additional right-of-way as required by the Planning Commission for Planned Unit Development No. 4025, located at southeast corner of 40th and "Q" Streets. Masonry Wall Easements from Tenneco Realty Development Corporation, Coleman Construc- tion, Inc., J. L. Dandy and Company and John A. Saunders, et us, as required for Maintenance Districts in various tracts, located in the area bounded by Ming Avenue to south of White Lane and Old River Road to Gosford Road. These walls are to be maintained by the City under Maintenance Districts in the southwest. Bakersfield, California, May 30, 1984 - Page 19 (m) (n) (o) (P) Map of Tract No. 4601 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located east of Old River Road, north of the Southern Pacific Rail- road. Road Easement and Improvement Agreement for Parcel Map No. 6846 with Tenneco Realty Development Corporation for construction of improvements required by the Planning Com- mission, located southerly of Park View Drive and Hemingway Place. The easement provides dedication of that portion of Park View Drive within the boundary of Parcel Map No. 6846. Notices of Completion and Acceptance of Work on: Resurfacing Union Avenue and Manor Street, Contract No. 83-215 with Granite Construc- tion Company. Reconstruction of portions of Harris Road between Wible and Akers Roads, Contract No. 84-48 with Griffith Company. Resurfacing Oak and 19th Streets, Contract No. 83-162 with Granite Construction Company. Tract No. 4576, Contract No. 83-116 with Tenneco Realty Development Corporation, located at Gosford Road and District Boulevard. Tract No. 4593, Contract No. 83-176 with Tenneco Realty Development Corporation, located at District Boulevard and Pin Oak Park. Tract No. 4182, Contract Challenge Builders, Inc., Fairview Road and Hughes No. 80-15 with located at Lane. Tract No. 4411, Contract No. Oldham Construction Company, Planz Road and Raider Drive. 82-82 with located at Parcel Map No. 6354, Contract No. 82-08 with Planz Village Development Company, located at Planz Road and Stine Road. Parcel Map No. 6754, Contract No. 83-48 with Gary Lassiter Construction, located at Oscar Street and tiendricks Street. Application for Encroachment Permit from Ideal Micrographic Services, Incorporated, 4100 Easton Drive, Suite 16, Bakersfield, for an existing building wall and masonry fence along east right-of-way of South Chester Avenue north of E1 Serene Drive encroaching approximately 2 feet into the right-of-way. 396 Bakersfield, California, May 30, 1984 - Page 20 (d), (e), (q), (r), by the Ayes Noes Absent: (q) (r) (s) (t) (u) (v) Plans and Specifications for reconstruction of Calloway River Weir located one fourth mile west of Chester Avenue. Plans and Specifications for resurfacing portions of Oswell Street and Panorama Drive, F.A.U. Project No. M-F 3007(6). Plans and Specifications for construction of the Calcutta Driw~ Storm Drain between "H" and Chadbourn Streets and in Chadbourn Street between Calcutta Drive and the Pacheco Greenbelt. Plans and Specifications for Shalimar Planned Drainage Improvements, Phase I. Plans and Specifications for Sandra Drive Storm Drain System, Phase III. Program Supplement No. 19 to Local Agency- State Master Agreement No. 06-5109 between the State of California and the City of Bakersfield providing for the replacement of a bridge on Sacramento Street at the Eastside Canal. Upon a motion by Councilman Rockoff, Items (a), (b), (c), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (s), (t), (u) and (v) of the Consent Calendar, were adopted following roll call vote: Councilmen Payne, Ratty, Rockoff, Barton, Childs, Moore None Councilman Chirstensen ACTION ON BIDS Upon a motion by Councilman Moore, low bid of Kenneth T. Endes, in the amount of $19,702.40, for construction of the Fallbrook Street Storm Drain between Kentfield Drive and Marella Way, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Company, for the Base Bid bus Unit A, for construction of the Auburn Street Maywood Drive and LaCosta STreet, was Rockoff, low bid of ConCast in the amount of $78,414.58, Storm Drain, Phase II, between accepted, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, ~ay 30, 1984 - Page 21 Upon a motion by Councilman Payne, Sandstone Brick, in the amount of $5,020.16, was accepted. HEARINGS bid of Bakersfield for Windrow Blowers, This is the time set for public hearing before the Council on an appeal by Naugles, Incorporated, to the decision of the Board of Zoning Adjustment denying their application for a Conditional Use Permit to allow a restaurant to sell take-out food and to have a drive-through window in a C-1 (L~mited Co~nercial) Zone, on that certain property commonly known as 1629 California Avenue. This hearing has been duly advertised and the property owners notified as required by law. A letter has been received from Naugles, Incorporated, requesting this appeal be withdrawn. Upon a motion by Councilman Ratty, public hearing before the Council on an appeal by Naugles~ Incorporated, to the decision of the Board of Zoning Adjustment denying their application for a Condi- tional Use Permit to allow a restaurant to sell take-out food and to have a drive-through window in a C-1 (Limited Commercial) Zone, on that certain property commonly known as 1629 California Avenue, was cancelled by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs, Moore Noes: None Abstaining: Councilman Christensen This is the time set for public hearing before the Council on an Appeal by Clarence J. Lehecka, regarding Condition No. 2 set on his requested Modification of an R-1 (Single Family Dwelling) Zone to permit the elimination of the required 10 foot side street yard setback, the reduction of the required distance between the dwelling and garage from 10 feet to 6 1/2 feet, and to allow parking within the required 25 foot front yard setback on that certain property commonly known as 4413 Hillsborough Drive. 398 Bakersfield, California, ~Iay 30, 1984 - Page 22 owners pation. This hearing has been duly advertised and the property notified as required by law. Mayor Shell declared the hearing open for public partici- Mr. Clarence Lehecka, 4413 Hillsborough Drive, presented photographs of his home and stated his home is located across the street from Centennial Park. The garage has been converted. The original action brought before the Board of Zoning Adjustment was by the previous owner of the home, Mr. De Meester. Mr. Lehecka stated he was in the process of purchasing the home when it was brought to his attention the garage had been converted and the additional garage built without a building permit. Mr. De Meester appeared before the Board of Zoning Adjustment and three conditions were set: (1) Move "the garage" door and fence back l0 feet from the pedestrian sidewalk and keeping a l0 foot by l0 foot corner cut-off area clear on both sides of the driveway; (2) The existing concrete drive and driveway approach off of Hillsborough Street must be removed and replaced with curb, gutter and sidewalk installed to City standards; (3) The garage conversion and the new garage that were constructed without permit, must satisfy all requirements of the Building Department including obtaining all necessary permits. Mr. Lehecka staled that the required building permits have been obtained and the work contracted for Condition No. 1. Condition No. 2 is being appealed for the following reasons: Removal of the Drive.- approach will involve considerable expense; it currently serves as a walkway and entrance to the side of the home; he has obtained the neighbors approval for allowing it to remain; and there are four additional homes in the neighborhood who have drive approaches intact with garage conversions. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Bakersfie]d, California, ~ay 30, 1984 - Page 23 399 After a lengthly discussion, Councilman Hoore made a motion to uphold the decision of the Board of Zoning Adjustment with regards to Condition Nos. 1 and 3, but to grant the appeal by Clarence J. Lehecka, with regard to Condition No. 2, set on his requested Modification of an R-1 (Single Family Dwelling) Zone to permit the elimination of the required 10 foot side street yard setback, the reduction of the required distance between the dwelling and garage from 10 feet to 6 1/2 feet, 25 foot front yard setback as 4413 Hillsborough Drive. following roll call vote: Ayes Noes Absent: and to allow parking within the required on that certain property commonly known This motion failed to carry by the Councilmen Payne, Councilmen Ratty, None Councilman Rockoff made Barton, Moore Rockoff, Childs, Christensen a motion that the decision of the Board of Zoning Adjustment be upheld and the appeal by Clarence J. Lehecka, regarding Condition Nos. 2 set on his requested Modification of an ~-1 (Single Family Dwelling) Zone to permit the elimination of the required 10 foot side street yard setback, the reduction of the required distance between the dwelling and garage from 10 feet to 6 1/2 feet, and to allow parking within the required 25 foot front yard setback on that certain property commonly known as: 4413 Hills- borough Drive, be denied, failed to carry by the following roll call vote: Ayes: Noes: Absent: Abstaining: Conncilmen Ratty, Rockoff, Childs Councilmen Payne, Barton, Moore None Councilman Christensen Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council the Mayor shall cast the deciding vote, Mayor Shell voted No. 400 Bakersfield, California, ~4ay 30, 1984 - Page 24 Upon a motion by Councilman Moore, reconsideration of the original motion was approved by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs, Christensen, Moore Noes: None Absent: None Councilman Moore redefined the original motion as uphold- ing the decision of the Board of Zoning Adjustment with regards to Condition Nos. i and 3, but to grant the appeal by Clarence J. Leheoka, with regards to Condition No. 2 set on his requested Modification of an R-1 (Single Family Dwelling) Zone to permit the elimination of the required 10 foot side street yard setback, the reduction of the required distance between the dwelling and garage from 10 feet to 6 1/2 feet, and to allow parking within the required 25 foot front yard setback on that certain property commonly known as 4413 Hills- borough Drive. This motion failed to carry by the following roll call vote: Ayes Noes Absent: Councilmen Payne, Barton Moore Councilmen Ratty, Rockoff, Childs, Christensen None In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated the decision of the City Council is that they are not going to over turn the decision of the Board of Zoning Adjust- ment. The decision of the Board of Zoning Adjustment Js the final decision, therefore the Attorney's Office will prepare the appropriate documents for the next Council meeting which will be adopted by those in the majority who happen to be in opposition to the last motion. This action does conclude this hearing. This is the time set for public hearing before the Council[ on an Appeal by Randal] J. Roberts to the decision of the Board of Zoning Adjustment granting an application to Glenn W. Reed, for a Conditional Use Permit in a C-1-D (Limited Commercial-Architectural Design) Zone to allow the sales of used cars and recreational vehicles, Bakersfield, California, ~ay 30, 1984 - Page 25 with conditions, on that certain property commonly known as 3951 Wible Road. This hearing has been duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mr. Robert Shelton, representing his son, Randall J. Roberts, requested Council rescind the decision of the Board of Zoning Adjust- ment and deny the requested Conditional Use Permit. Not only would there be the sales of used cars and recreational vehicles, but this will also be a consignment operation, which would add an additional element to the area. His son and daughter oppose the granting of the Conditional Use Permit because of the additional noise, traffic, and criminal element in their neighborhood. He stated Mr. Herb Roberts performed an evaluation of the southwest corner of Alum and Wible Road and it was his determination the highest and best use would not be for a used car lot at that location. Mr. Brian Nordquist, 3812 Sweet Springs, stated he lives nerth of the lot proposed for the used car lot. He submitted lette~s in opposition from Mr. Robert W. Hawkes, 3417 Alum Avenue and Herb Roberts and Associates, Incorporated, 920 Wible Road. He is opposing the used car lot because of a number of concerns, including crime, traffic and the total detractJon it would cause to the neighborhood. Councilman Payne stated he wanted the opposing neighbors to understand that the applicant has agreed to build up the wall to a height of six feet, with no entrance onto Alum Avenue. It is possible for another user, not requiring a zone change, to come onto the property and have ingress and egress on Alum Avenue without the protection or aesthetic value of the block wall fence. Mr. Patrick Griffiths, 3416 Rocky Road Avenue, spoke in opposition to the used car lot. 402 Bakersfield, California, Hay 30, 1984 - Page 26 Mr. Rick Mellow, 3525 Alum Avenue, spoke in opposition to the used car lot and stated he was not notified of the proposed use of the property. Mr. Pete Warmerdam, 3509 Adanac Court, stated he is a Deputy District Attorney assigned to the Juvenile Court Division, and the traffic patterns being discussed are the type that lead to a great deal of crime. Placing this type of operation adjacent to a residential area is bad planning. Mr. Bill York, General Partner and Manager of Adanac Development Corporation and owner of the property, stated he agreed to all requests at the Board of Zoning Meeting, and in fact, one of the persons speaking in opposition tonight requested the block wall that was agreed to. He feels that some of the other possible uses on this property would cause more traffic problems. In answer to a question by Mayor Shell, Mr. Glenn Reed, 4209 Adidas, applicant for the Conditional Use Permit, stated he would be responsible for collecting sales tax at the business location. In answer to a question by Herbert Reed stated he would rent or lease space out This operation would not be an embarrassment E. Roberts, Mr. Glenn for vehicles to be sold. to the community. All vehicles would be required to pass a smog inspection and be present-- able. No further protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Christensen, application of Glenn W. Reed, for a Conditional Use Permit in a C-1-D (Limited Architectural Design) Zone to allow the sales of used cars and rec- reational vehicles, with conditions, known as Ayes Noes Absent: Abstaining: 3951Wible Road, was denied, Councilmen Payne, Ratty, Moore Councilman Childs on that certain property commonly by the following roll call vote: Rockoff, Barton, Christensen, Bakersfield, California, May 30, 1984 - Page 27 NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Muni- cipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakers- field located on the west side of Gos- ford Road from Ming Avenue southerly to the Arvin-Edison Canal. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an A (Agricultural) Zone to an R-2 (Limited Multiple Family Dwelling). or more restrictive Zone. The Planning Commission recommended approval of this amend- ment. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Hunicipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Gosford Road from Ming Avenue southerly to the Arvin-Edison Canal. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain prop- erty in the City of Bakersfield, located at the northeast corner of Oswell and Bernard Streets, approving the Pre- liminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Palo Verde Investments, N.V. and would change subject property from a P.C.D. (Planned Commercial Development) Zone to a Revised P.C.D. (Planned Commercial Development) Zone, consisting of a two-story commercial structure containing 13,508 square feet of floor area. The Planning Commission recommended approval of this zone change request, subject to 9 additions to the plan, and made the findings delineated in Section 17.54.030 of the Municipal Code. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Bakersfie]d, California, ~ay 30, 1984 - Page 28 Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield, located at the northea~st corner of Oswell and Bernard Streets, approvfng the Preliminary Development Plan and making Findings in connection with P.C.D. Zone. Adoption of Resolution oF the Council of the City of Bakersfield authorizing the issuance and sale of City o[ Bakers- field Hospital Revenue Bonds (Greater Bakersfield Memorial Hospital), Series 1984, the execution and delivery of an Indenture, Loan Agreement and Contract of Purchase and certain other actions in connection therewith. This Resolution authorizes the issuance and sale of up to $25,000,000 in revenue bonds to fund a loan to the Greater Bakers- field Memorial Hospital Association for constructJn~, furnishing, and equipping certain improvements to l~emorial Hospital, approves the form Indenture and Loan Agreement and authorizes execution and delivery of such documents. The City acts as a conduit [or the bond issuance and incurs no liability through the issue. City Attorney Oberholzer stated that this Resolution was supplied by the Bond Counsel. One of the things proposed in Commit-- tee would be payment of $100,000 to the City for administrative cos~;s for acting as a conduit for this bond issue. He advised the Counci[[ he does not see that $100,000 payment mentioned in any o~ the docu- ments and would like the Resolution adopted contingent on the City Attorney includin~ that provision. Upon a motion by Councilman Ratty, Resolution of the Council of the City of Bakersfield authorizing the issuance and sale of City o~! Bakersfield Hospital Revenue Bonds (Greater Bakersfield Memorial Hospital), Series 1984, th~~ execution and delivery of an Indenture, Loan Agreement and Contract of Purchase and certain other actions in connection therewith, contingent upon the provisions being included in the documents, that the City oF Bakersfield will receiw? payment of $100,000 for administrative costs in connection with this Bakersfield, California, May 30, 1984 - Page 29 bond issue, was Ayes: adopted by the following roll call vote: Councilmen Payne, Ratty, Rockoff, Barton, Childs, Christensen, Moore Noes: None Absent: None Approval of Agreement between the City of Bakersfield and Tenneco Realty Development Corporation for the installation of playground equip- ment in Campus Park South. This Agreement provides for Tenneco to purchase and deliver to the City certain playground equipment which the City shall then install in Campus Park South. (This park is to be maintained by the City under Maintenance District No. 3.) To offset the City's cost of installation, Tenneco will pay the City 30% of the total cost of such equipment and advance $4,000 o[ such costs. Upon a motion by Councilman Ratty, Agreement between the City of Bakersfield and Tenneco Realty Development Corporation for the installation of playground equipment in Campus Park South, was approved, the Mayor authorized to execute same, and authorization was granted to deposit the advance in a trust fund to be utilized by Public Works Department in installing equipment. Approval of Request ['or authorization to enter into Discount Agreements for miscellaneous supplies. The Finance Department requests Council authorization to negotiate a Discount Agreement with a supplier. Discount Agreements are informal miscellaneous supply contracts that the Purchasing Division has pre-negotiated prices on and are for supplies of a nature that do not lend themselves to other purchasing programs. Miscel- laneous blueprint services is an example of the type of item appear- ing on discount agreements. 406 Bakersfield, California, May 30, 1984 - Page 30 Upon a motion by Councilman Rockoff, the Purchasing Division of the Finance Department was authorized to enter into a discount agreement with Blueprint Service Company. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:55 P.M. / o Bakersfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California CW Bakersfield, California, June 6, 1984 407 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., June 6, 1984. The meeting was called to order by Mayor Shell, by the Pledge of Allegiance and Invocation by Mayor Shell. The City Clerk called the roll as follows: Present: Mayor Shell. Absent: Councilmen Ratty, Rockoff, Barton, Payne Councilmen Childs, Christensen followed Moore, PRESENTATION BY MAYOR Mayor Shell presented a plaque to Mr. George Snider, Race Car Driver who placed No. ll in the "1984 Indy 500~" in appreciation for bringing honor to Bakersfield. (Plaques were presented later in the meeting to Rick and Roger Mears.) Mayor Shell introduced Mr. Phil Drouin, Councilman from the City of Bremerton, Washingtoll, who was a guest in the audience. CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from Willard J. Martin, 3805 Sumter Drive, dated May 21, 1984, requesting a permanent Concession Stand in Wayside Park, was received and referred to the Auditorium and Community Services Committee. Upon a motion by Councilman Rockoff, communication from the Bakersfield Symphony Orchestra, dated May 31, 1984, requesting an $11,000 appropriation for Fiscal Year 1984-85 to help defray the cost of using the Civic Auditorium, was received and referred to the Budget and Finance Committee. Upon a motion by Councilman Ratty, communication from J. Stanley Antongiovanni, Route 10, Box 1211, Bakersfield, dated May 30, 1984, requesting annexation of property located north of Panama Lane, east of Gosford Road and westerly of the Arvin-Edison Canal, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rockoff, communication from the Convention Bureau of Greater Bakersfield, dated June 4, 1984, 4O8 Bakersfield, California, June 6, 1984 - Page 2 requesting time during Budget deliberations to discuss an increase in funds from the Transient Occupancy Tax currently allocated to the Convention Bureau of Bakersfield and Kern County, was received and referred to the Budget and Finance Committee. COUNCIL STATEMENTS Councilman Rockoff read a portion of a letter, addressed to Finance Operations Manager Klimko, notifying the City's financial staff that they have been awarded the Certificate for Comprehensive Annual Financial Reporting for Fiscal Year ending June 30, 1983. The Certificate of Conformance is the highest form of recognition in governmental accounting and financial reporting and its attain- ment represents a significant accomplishment by a governmental or public employee retirement system and its management. Councilman Rockoff, on behalf of the Council, congratulated the Finance Depart- ment for a job well done. Councilman for communicating to storm, how the City would man Rockoff also thanked done. Rockoff thanked the Bakersfield Californian City residents,who had wind damage from a help them pick up their debris. Council- the Public Works Department for a job well Approval of Contract for Independent Services between the City and Musicians' Union Local 263 to provide Summer Band Concerts in Beale Park. Upon a motion by Councilman Rockoff, Contract for Independent Services between the City and Musicians' Union Local 263 to provide seven Summer Band Concerts in Beale Park from June 17, 1984 through July 29, 1984, was approved and the Mayor was authorized to execute same. Mayor Shell presented a plaque to Mr. Roger ~4ears, ~ace Car Driver, in appreciation for bringing honor to Bakersfield. Mayor Shell presented a plaque to Mr. Rick Meats, Race Car Driver and winner of the "1984 Indy 500," in appreciation for bringing honor to Bakersfield. Councilman Payne stated he disagrees, slightly, with George Snider's statement about not being the winner of the "]984 Indy 500." Bakersfield, California, June 6, 1984 - Page 3 409 There can only be one first place, but George Snider, Roger Meats and Rick Mears are all three winners. Councilman Payne, Mayor-Elect of the City of Bakersfield, stated he will have a statement to make at the end of tonight's Council Meeting regarding the 6th Ward Council seat. Councilman Moore thanked the Council for giving him the opportunity to attend the Waste Processing Conference in Orlando, Florida, this week, unfortunately, he was not able to attend due to his wife's illness. Councilman Moore, on behalf of his wife, thanked the Mayor and Council for the flowers and condolences. REPORTS Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 16-84 regarding Annual Audit, as follows: Recently, the Budget and Finance Committee requested proposals from interested firms to perform the annual audit of the accounting records of the City of Bakersfield for the Fiscal Year ending June 30, 1984. Pursuant to our request, we received five pro- posals. This Committee has met with City staff to review and discuss each proposal. During our discussions, we reviewed the City Council's expressed intention to remain with the same auditing firm for a period of two to three years. We further noted that one of the pro- posals received this year was from the firm ,of Bailey, Ruppel and Nunneley. The firm of Bailey, Ruppel and Nunneley has performed the annual audit for the City of Bakersfield for the past three years. It was pointed out by staff, and we wholeheartedly concur, that Bailey, Ruppel and Nunneley has performed the annual audit in a very satisfactory manner. We believe their services to be of the highest professional standards. However, consistent with City Council's intention to rotate the annual audit among auditing firms every two to three years, we considered the proposal submitted by Price Waterhouse to be the most acceptable. The total maximum fees for their services are not to exceed $27,400. Therefore, this Committee recommends the City Council accept the proposal from Price Water-- house and authorize the Mayor to'execute the appropriate agreement. We further recommend the other audit firms expressing interest in performing the City's annual audit be notified of the Council's action. 410 Bakersfield, California, June 6, 1984 - Page 4 Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 16-84 regarding Annual Audit, was accepted; Agreement with Price Waterhouse for the Annual Audit for the City of Bakersfield. was approved and the Mayor was authorized to execute same; and staff was directed to notify the other audit firms expressing interest in performing the City's Annual Audit of the Council's action. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6076 to 6205, inclusive, in the amount of $343,676.89. (b) Claim for Damages from Mrs. Andria Brady, 5008 Woodton Avenue, Bakersfield. (Refer to City Attorney) (c) Claim for Damages, Wrongful Death, False Arrest and False Imprisonment from Alma Rodriguez, personal representative of the estate of decedent Rigoberto Bautista, including his minor children Rigoberto, Isabel and Belinda Bautista, and Lucero Bautista, a minor child, through his mother and guardian, Maria De La Lus Vasquez and the natural parents of the decent, Maximinio and Aurora Bautista and ~aximino Bautista as to his own claim, c/o Mayorga & Smith, Attorneys at Law, 809 - 8th Street, Suite A, Sacramento, California, and Rishwain and Hastings, Attorneys at Law, 231 East Weber Avenue, Stockton, California. (Refer to City Attorney) (d) Claim for Damages from Joseph T. Dougherty, 1216 Duke Drive, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Eric VanWesten, 1219 Duke Drive, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Mary Ann Schulman, 609 Taylor Street, #]6, Bakersfield. (Refer to City Attorney) (g) Claim for Damages from Pacific Gas and Electric Company, 1918 "H" Street, Bakers- field. (Refer to City Attorney) (h) Line of Sight Easement from Tenneco Realty Development Corporation as required by the Planning Commission for Parcel Map No. 6846, located southeasterly of Old River Road and White Lane. Bakersfield, California, June 6, 1984 - Page 5 (i) Masonry Wall Easements from Colbek Develop- ment Corporation and Rodney R. Brown & Associates, Inc., within Tract No. 4489, as required for a Maintenance District, located in the area west of Gosford Road between Stockdale Highway and White Lane. (J) Improvement Agreement for Parcel Map No. 6868 with Rilltop Developers, Inc., for' construction of improvements required by the Planning Commission, located at north- west corner of Stine Road and Panama Lane (to one mile north of Panama Lane). (k) City Standard S-43 "Refuse Container Pad," providing details and minimum requirements for construction of concrete pads for detachable bin refuse containers. (i) License for Encroachment from Arvin-Edison Water Storage District to allow City water line crossing. (m) Agreement between the City of Bakersfield and William Murphy for instruction in Basic Programming and Home Computer Operation. (n) Agreement between the City of Bakersfield and Marian Scadden for instruction in Creative Dramatics Pantomime/Mime. (o) Agreement between the City of Bakersfield and Susan DiFranzo for instruction in Ballet and Jazz. (p) Agreement between the City of Bakersfield and Sheryl MisenhJmer for instruction in Wardrobe/Make-Up and Self Defense. Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1). (m), (n). (o) and (p) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Moore, Payne Noes: None Absent: Councilmen Childs, Christensen ACTION ON BIDS Upon a motion by Councilman Ratty, low bid of J. L. Myers, in the amount of $24,357.00, for construction of an extension of the Quantico Avenue Storm Drain between East Brundage Lane and Freeway 58, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. 412 Bakers£ield, California, June 6, 1984 - Page 6 Upon a motion by Councilman Barton, low bid of Granite Construction Company, in the amount of $43,815.00, for construction of street improvements on East Brundage Lane from Quantico Avenue westerly, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, low bid of Zumar Industries, in the amount of $12,122.81, for miscellaneous traffic signs and accessories, was accepted and all other bids rejected. Upon a motion by Councilman Barton, low bid of Western Fire Equipment Company, in the amount of $11,649.40, for Fire- fighting Slip-on Unit for Off Road Fire Vehicle, was accepted and the other bid rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2919 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 property in the City of Bakersfield located on the west side of Gosford Road from Ming Avenue southerly to the Arvin-Edison Canal. The application [or this amendment was made hy Tenneco Realty Development Corporation and would change subject property from an "A" (Agricultural) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Moore, Negative Declaration and Ordinance No. 2919 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 property in the City of Bakersfield located on the west side of Gosford Road from ~{ing Avenue southerly to the Arvin-Edison Canal, finding said zoning consistent with the GeneraI Plan, were adopted by the following roll call vote: Ayes Noes Absent: Councilmen Ratty, Rockoff, Barton, None Councilmen Childs, Christensen Moore, Payne Bakersfield, California, June 6, 1984 - Page 7 Adoption of Ordinance No. 2920 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield, located at the northwest corner of Oswell and Bernard Streets, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Palo Verde Investments, N.V. and would change subject property from a P.C.D. (Planned Commercial Development) Zone to a Revised P.C.D. (Planned Commercial Development) Zone, consisting of a two-story commercial structure containing 13,508 square feet of floor area. The Planning Commission recommended approval of this zone change request, subject to 9 additions to the plan, and made the findings delineated in Section 17.54.030 of the Municipal Code. Upon a motion by Councilman Rockoff, Negative Declaration and Ordinance No. 2920 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield, located at the northwest corner of Oswell and Bernard Streets, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Moore, Payne Noes: None Absent: Councilmen Childs, Christensen Adoption of Zoning Resolution No. 314 of the Council of the City of Bakers- field granting appeal of Randall J. Roberts from decision of Board of Zoning Adjustment approving Condi- tional Use Permit, upon application of Glenn W. Reed, for the sale of used cars and recreational vehicles in a C-1-D (Limited Commercial - Architectural Design) Zone, on that certain property commonly known as 3951Wible Road. 41.4 Bakersfield, California, June 6, 1984 - Page 8 This resolution sets forth the decision of the Council following the appeal hearing on this matter held May 30, 1984. Upon a motion by Councilman Payne, Zoning Resolution No. 314 of the Council of the City of Bakersfield granting appeal of Randall J. Roberts from decision of Board of Zoning Adjustment approving Conditional Use Permit, upon application of Glenn W. Reed, for the sale of used cars and recreational vehicles in a C-1-D (Limited Commercial - Architectural Design) Zone, on that certain property commonly known as 3951Wible Road, was adopted by the following roll call vote: Ayes Noes Councilmen Ratty, Rockoff, Barton, Moore, Payne None Absent: Councilmen Childs, Christensen HEARINGS This is the time set for public hearing regarding amend- ment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and Proposed Environmental Documents concerning the following general areas: Segment I: BERRENDA MESA WATER DISTRICT (by~ Dennis DeWalt) has applied to amend th8 Low Density Residential designation to Commercial for 7.28'acres located at the southwear corner of Stockdale Highway and Jenkin~ Road. Segment II: KERN UNION HIGH SCHOOL DISTRICT has applied to amend the Open Space designation to Public Buildings for approximately 77.1 acres located on the east side of Mt. Vernon Avenue, approximately 520 feet south of State Highway 58. Segment IV: THE CITY OF BAKERSFIELD has applied to amend the Low Density Residential desig- nation on an existing shopping center to Commercial for approximately 6.55 acres located on the east side of Wible Road, approximately 950 feet north of Ming Avenue. (GEMCO Shopping Complex) Segment V: THE CITY OF BAKERSFIELD has applied to amend the Low Density Residential (0.5 to 5.49 dwelling units per gross acre) desig- nation to Medium Density Residential (5.5 to ]6.99 dwelling units per gross acre) on Bakers£ield, California, June 6, 1984 - Page 9 415 Segment V: CONTINUED 120.4 acres and to Commercial on 1.4 acres and Medium Density Residential to Co~nercia2 on ]9.2 acres located within the Lakeview neighborhood, bounded by King Street on the west, East California Avenue on the north, the Southern Pacific Railroad on the east and Brundage Lane on the south. This hearing was duly advertised and the property notified as required by law. owners The Planning Commission approved Negative Declarations for Segments I, II, IV and V, and recommended approval of Segments I, II, IV and V. Mayor Shell 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, the public portion of the hearing on Segment I was closed for Council deliberation and action. Mayor Shell declared the hearing open for public partici- pation on Segment II. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing on Segment II was closed for Council deliberation and action. Mayor Shell declared the hearing open for public partici- pation on Segment IV. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing on Segment IV was closed for Council deliberation and action. Mayor Shell declared the hearing open for public partici- pation on Segment V. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing on Segment V was closed for Council deliberation and action. Upon a motion by Councilman Moore, Resolution No. 31-84 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 Amendment 1-84), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Noes: None Absent: Councilmen Childs, Rockoff, Barton, Christensen Moore, Payne 416 Bakersfield, California, June 6, 1984 - Page 10 Upon a motion by Councilman Ratty, Resolution No. 32-84 of the Council of the City of Bakersfield 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 1-84), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Moore, Payne Noes: None Absent: Councilmen Childs, Christensen Upon a motion by Councilman Ratty, Resolution No. 33-84 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment IV of proposed amendment to the Land Use Element of the Plan (Land Use Amendment 1-84), call vote: Ayes Noes Absent: Bakersfield Metropolitan Area General was adopted by the following roll to allow certain alarm systems, Councilmen Ratty, Rockoff, Barton, Moore, Payne None Councilmen Childs, Christensen Upon a motion by Councilman Moore, Resolution No. 34-84 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment V of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 1-84), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Moore, Payne Noes: None Absent: Councilmen Childs, Christensen NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 5.08.070 of Chapter 5.08 of the Bakersfield Municipal Code pertaining to Alarm Systems. This amendment would give the Chief of Police discretion not in compliance with all standards Bakersfield, California~ June 6, 1984 - Page of Underwriters Laboratories, to a direct telephone line to the Police Department. First reading was considered given an Ordinance o£ Council of the City of Bakersfield amending Section 5.08.070 Chapter 5.08 Systems. Inc., to remain connected temporarily of the Bakersfield Municipal the of Code pertaining to Alarm First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding Prezoning of property known as Wible No. 5 Aunexation. This amendment would prezone those certain properties proposed for annexation to a C-2 (Commercial) Zone. The Planning Commission recommended approval of zoning for Wible No. 5 Annexation. Council Chapter Bakersfield, Annexation. the pre- First reading was considered given an Ordinance of the of the City of Bakersfield amending Section 17.06.020 of 17.06 (Zoning Map) of the Municipal Code of the City of regarding Prezoning of property known as Wible No. 5 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) o[ the Municipal Code of the City of Bakersfield, regarding Prezoning of property known as Buena Vista No. 1 Annexation. This amendment for annexation to an Dwelling - Church), R-2 would prezone those certain properties (One Family Dwelling), R-1-CH (One Family (Limited Multiple Family Dwelling) and R-3 (Limited Multiple Family Dwelling) Zones. The Planning Commission recommended approval prezoning for Buena Vista No. 1 Annexation. of the First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zon~ng Map) of the Municipal Code of the City of Bakersfield regarding Prezoning of property known as Buena Vista No. 1 Annexation. 4-22 Bakersfie]d, California, June 20, 1984 Minutes of a Special Joint Meeting of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency, in the Council Chambers of City Hall at 5:00 P.M., June 20, held 1984. Chairman Rockoff, followed by the Pledge of of silent meditation. Present Absent Present Absent: The meeting was called to order by Mayor Shell and Agency Allegiance and a moment The City Clerk called the roll of the Council, as Mayor Shell. Councilmen Rockoff, Barton, Chillds, Christensen, Moore Councilman Ratty The City Clerk called Agency Members Rockoff, Barton, Childs, Christensen, Councilman Ratty Letter of Credit for Bonds to Finance the Proposed Convention Center Hotel follows: the roll of the Agency, as follows: Moore Acting City Manager Russell advised the Council and Redevelopment Agency that he had been advised by the City Attorney and Finance Department that the Letter of Credit on the Convention Center Hotel Project received from Security Pacific Bank, is not an acceptable Letter of Credit. Therefore, Item (d) 1. Letter of Credit for Bonds to Finance the proposed Convention Center Hotel; and Item (d) 2. Fourth Implementation Agreement for the Proposed Convention Center Hotel Project, canilot be completed and will not be completed until such time as the City receives an acceptable Letter of Credit. In answer to a question by Councilman Barton, Acting City Manager Russell stated the objections to the letter concern just about each issue listed in the letter, which should have been com- pleted by the bank before a Letter of Credit is sent to the City. He stated that Staff has spoken with Mr. Gordon Bell, from AIRCOA, who expressed concern that the City had not received an acceptable Letter of Credit. Bakersfield, California, June 6, 1984 - Page 13 419 This agreement between the County and City continues a process of diverting young adult first offenders of minor offenses from being processed in the normal manner through the Criminal Justice System. It is essentially the same agreement approved by the Council on August 3, 1983. The proposed agreement has been reviewed by the City Attorney's Office. Upon a motion by Councilman Payne, Agreement with the County of Kern for continuation of the Adult Diversion Program, a cooperative effort between the Kern County Probation Department and the Bakersfield Police Department, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 36-84 of the Council of the City of Bakers- field initiating proceedings for the annexation of territory to the City of Bakersfield identified as Pro- ceeding No. 824, Annexation No. 289, in accordance with LAFCO Resolution making determination (Buena Vista No. 1). This resolution initiates proceedings for Annexation No. Buena Vista No. l, and sets the date of hearing for July 18, 289, 1984. Upon a motion by Councilman Rockoff, Resolution No. 36-84 of the Council of the annexation of as Proceeding No. Resolution making determination the following roll call vote: Ayes: Noes: Absent: the City of Bakersfield initiating proceedings for territory to the City of Bakersfield indentified 824, Annexation No. 289, in accordance with LAFCO (Buena Vista No. 1), was adopted by Councilmen Ratty, None Councilmen Childs, Rockoff, Barton, Moore, Payne Christensen CLOSED SESSION Upon a motion by Councilman Rockoff, the to a Closed Session at 7.35 P.M. to discuss litigation. regular meeting was reconvened at 7:50 P.M. Council recessed The 418 Bakersfield, California, June 6, 1984 - Page 12 First reading of an Ordinance 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 properties in the City of Bakersfield located on the south side of Pacheco Road approximately 1,320 feet west of Wible Road. The application for this amendment was made by Tommie Townsend for Dan B. and Mary Speare and would change subject property from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance 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 properties in the City of Bakersfield located on the south side of Pacheco Road approximately 11,320 feet west of Wible Road. Adoption of Resolution No. 35-84 of the Council of the City of Bakers- field amending the dates of Meetings of the Council during the month of June, and fixing the dates of Meetings of the Council during the months of July, August and September, 1984. Upon a motion by Councilman Ratty, Resolution No. 35-84 of the Council of the City of Bakersfield amending the dates of Meetings of the Council during the month of June, and fixing the dates of Meetings of the Council during the months of July, August and September, 1984, was adopted by the following roll call vote: Ayes: Councilmen RaLLy, Rockoff, Barton, Moore, Payne Noes: None Absent: Councilmen Childs, Christensen Approval of Agreement with the County of Kern for continuation of the Adult Diversion Program, a cooperative effort between the Kern County Pro- bation Department and the Bakersfield Police Department. Bakersfield, California, June 6, 1984 - Page 15 for the 6th Ward residents to file a petition requesting that the Council hold a Special Election, fill the vacancy and consolidate with the November Election. If the petition is circulated and certified the Council will have the opportunity to appoint someone to fill the vacancy until the election is held in November. Hope- fully, he will be given the opportunity to fulfill his commitment, as General MacArthur did many years ago when return." Councilman Payne stated, effective submits his resignation as Councilman of the of Bakersfield. Mayor Shell stated she is really sorry to see Councilman Payne leave. He has been a great Councilman, however, she under- stands the reason for his resignation tonight. Upon a motion by Councilman Ratty, Councilman Payne's resignation as Councilman of the 6th Ward of the City of Bakers- field, was accepted. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Rockoff, the meeting was adjourned at 7:55 P.M. he said "I shall immediately, he hereby 6th Ward of the City MA~OR ?f theCity ~f Bakersfield, Calif. ATTEST: CrTY,CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma 420 Bakersfield, California, June 6, 1984 - Page 14 adopted by the following roll call Ayes: Noes: Absent: Adoption of Emergency Ordinance No. 292] New Series of the Council of the City of Bakersfield repealing Section 5.06.030 C of the Bakersfield Munici- pal Code relative to the approval of Licenses for Adult Bookstores. City Attorney Oberholzer stated this amendment to the ordinance regarding licenses issued to Adult Bookstores will delete the section requiring approwtl of the Chief of Police. Upon a motion by Councilman Barton, Emergency Ordinance No. 2921 New Series of the Council of the City of Bakersfield repealing Section 5.06.030 C of the Bakersfield Municipal Code relative to the approval of Licenses for Adult Bookstores, was vote: Rockoff, Barton, Moore, Payne Councilmen Ratty, None Councilmen Childs, Christensen Adoption of Amendment to Resolution No. 35-84 of the Council of the City of Bakersfield deleting the Council Meeting of July ll, 1984 and deleting the Redevelopment Agency Meeting of July ll, 1984. Upon a motion by Councilman Ratty, Amendment to Resolution No. 35-84 of the Council of the City of Bakersfield deleting the Council Meeting of July 11, 1984, and deleting the Redevelopment Agency Meeting of July ll, 1984, was adopted by the following roll call w~te: Ayes: Councilmen Ratty, Rockoff, Barton, Moore, Payne Noes: None Absent: Councilmen Childs, Christensen Councilman Payne stated with mixed emotions he is sub- mitting his resignation as Councilman of the 6th Ward. He is very happy to have been elected Mayor of the City of Bakersfield and will take that office in January, ~955. Be is sad to have to temporarily interrupt his public service and commitment to the 6th Ward residents. In order to save the taxpayers the cost of a Special Election and to meet the time constraints for the November, 1984 Election, he must resign this evening. This will allow time Bakersfield, California, June 20, 1984 - Page 2 423 Councilman Rockoff stated he was concerned that was present Item (d) 3. Center Hotel no one from AIHCOA to answer questions and felt that possibly Modified Conceptual Plans for the Proposed Convention Project, also could not be approved, if the project is not going forward. Acting City Manager Russell stated he had discussed the conceptual plans and was informed the City needs to proceed with approving the conceptual.plans in order to receive a Letter of Credit. In answer to a question by Councilman Barton. Economic Development Coordinator Kennon stated that in discussions with Robert D. Hartnack, Vice President of Security Pacific Bank, and with Mr. Gordon Bell, AIRCOA, the project is moving forward. The Bank and AIRCOA are working on all issues. The project has progressed in terms o:f the modified conceptual plan. The City is desirous of receiving from Security Pacific some direct indication that the bank is considering or working to provide the City and the Bond Under- writer's with the Letter of Credit and the conditions or contingencoes of doing that. Basically, the Bank has sent a lot of conditions, but without any clear indication of the status of a Letter of Credit. There is some confusion at this point. In answer to a question by Councilman Childs, Mr. Robert Corsaro, Bakersfield Metropolitan Associates, stated his letter dated June 18, 1984, to the Redevelopment Agency is indication the Bakersfield Metropolitan Associates is in the process of refiling their application with the California Commissioner of Corporations. When doing this, or anything with registration, you have to be very careful of what is said, and you can't guarantee anything or promote. anything. Everything in the prospectus Commissioner. Bakersfield Metropolitan will be any problem with being reissued is approved by the Corporate Associates do not feel there a permit. In answer to a question by Councilman Childs, Economic Development Coordinator Kennon stated the approval of the Conceptual Plans is the first step in satisfying Condition No. 1, which is, 424 Bakersfield, California, June 20, 1984 - Page 3 Complete Bank appraisal of the project based on information to be supplied by AIRCOA. Placing a value on the project is a major con- dition. The Design Development Drawings need to be prepared and in order to do that, the Conceptual Drawings need to be approved. In answer to a question by Councilman Moore, Mr. Corsaro stated that in discussions with Mr. Robert Hartnack, Vice President of' Security Pacific National Bank, there was no indication of when a Letter of Credit would be forthcoming. Mr. Corsaro felt there was: no problem in getting a Letter of Credit. Bakersfield Metropolitan Associates has agreed to all the conditions the Bank has set forth. The only condition of concern was the appraisal. The bank has just outlined all the conditions in the letter. It is very difficult to obtain a letter from a bank, and he is happy to have a letter. His interpretation is that the Bank is expressing an interest in meeting[ these conditions and, as far as he is concerned, the conditions have, been met. In answer to a question by Councilman Rockoff, referring to a letter from Bakers[ield Metropolitan Associates sent to the Redevelopment Agency, Mr. Corsaro stated that September 30, 1984, is the date set to be able to fund the $4,000,000 of partnership equity. The partnership is in the process of refiling their applica- tion with the California Commissioner of Corporations and that is expected to be completed by July 3], 1984. During the registration process, no money can be collected. Bakersfield Metropolitan Associates has the $4,000,000. It is th~ Partnership's intention to make this project a local effort. The more local people that are involved, the stronger the support for the hotel will be. In answer to a question by Mayor Shell, City Attorney Oberholzer stated the most the City can do at this point is to acquire property by conditional offer. The condition being if the project goes forward. The City could not get into any hard negotiations or begin the acquisition of property, but could get an acceptance con- tingent on the project proceeding. Bakersfield, California, June 20, 1984 - Page 4 Hotel; and Item (d) 2. posed Convention Center approved. Councilman Barton stated there is a commitment that the $4,000,000 is there and he believes Mr. Corsaro has the ability to put up the other $4,000,000 to meet the commitment. He would like to suggest a motion to delete Items (d) 1. Letter of Credit for Bonds to Finance the Proposed Convention Center Hotel; and Item (d) 2. Fourth Implementation Agreement for the Proposed Convention Center Hotel Project, and move on to discussion of Item (d) 3. Councilman Childs stated he is confused and not convinced that Mr. Corsaro has the $4,000,000. He is also concerned about Mr. Corsaro's comments regarding the City proceeding to acquire the land. He would like to continue discussion on this issue. Councilman Moore stated he believes Mr. Corsaro has stated in the past that he can personally back the $4,000,000. It is Bakers- field Metropolitan Associates intention to have as many local people participate as possible. Anyone with a financial interest in the hotel is going to support the hotel much more. Councilman Barton made a motion to delete Item (d) 1. Letter of Credit for Bonds to Finance the Proposed Convention Cente:? Fourth Implementation Agreement for the pro-- Hotel Project. This motion was; unanimously Approval of Modified Conceptual Plans for the Proposed Convention Center Hotel Project. Mr. Gerry Gerron, The Cal]ison Partnership, Architects for the Convention Center Hotel Project, stated the project is basi-- cally divided into two efforts, one the effort of AIRCOA in the hotel proper and the remainder the expansion and Civic Auditorium. The Civic Auditorium proposes enclose part of the covered portico, enlarge the Auditorium, provide new meeting rooms, a new ticket booth and refur-. bish existing meeting rooms adjacent to the entry. The new ballroom will be the length of the Civic Auditorium and hotel. There will be an enclosed corridor along the ballroom [or access to the Civic Audi- rennovation of the to add. a new ballroom, lobby space to the 426 Bakersfield, California, June 20, 1984 - Page 5 torium from the hotel. The hotel consists of the ground floor and a twelve story tower. Functionally, there is an approach off of Truxtun Avenue with a covered portico to the main entry into the hotel. The hotel is organized around a glass enclosed courtyard to be lushly landscaped with a swimming pool in the center. Organized around that courtyard is a lounge, signature restaurant, health club, coffee shop, delicatessen, as well as retail spaces and front regis-. tration desk. Ceiling heights are approximately 12 to 14 feet. The back-up house services include the kitchen which will serve the banquet rooms, ballroom, coffee shop, restaurant and room service te the tower. He indicated an area on the map representing the proposed location for the Petroleum Club, if they decide to become a part of the project. If they do not, that portion will be deleted from the hotel project. The Club will have a separate drive-through which serves the hotel as a secondary entry. There is proposed new additional parking of 390 automobiles located on Truxtun and it is planned to propose joint usage of parking with the Civic Auditorium. Storage facilities are to be located behind the Civic Auditorium. In answer to a question by Councilman Rockoff, Economic Development Coordinator Kennon stated the issue of ingress and egress from Truxtun Avenue has been discussed and routine staff meetings are being held to discuss other possible problems. In answer to a question by Councilman Childs, Mr. Gerron stated there will be 391 parking spaces for the hotel upon comple- tion, which does not include parking for the Civic Auditorium. Economic Development Coordinator Kennon stated there will be a total of approximately 791 parking spaces for the Civic Auditor- ium and hotel. Upon a motion by Agency Member Barton, Modified Conceptual Plans for the Proposed Convention Center Hotel Project, were approved by the Following roll call vote: Ayes: Agency Members Barton, Noes: None Absent: Agency Member Ratty Childs, Christensen, Moore, Rockoff Bakersfield, California, June 20, 1984 - Page 6 427 Councilman Childs stated that due to the fact Staff has advised the Redevelopment Agency and Council to proceed to the different phases to accomplish this project, he voted Aye. ADJOURNMENT Upon a motion by Councilman Christensen, the Special Joint Meeting before the Council and Redevelopment Agency regarding Fourth Implementation Agreement for the proposed Convention Center Hotel Disposition and Development Agreement, was adjourned at 6:00 P.M. MAYOR of the C.~./ of Bakeffsfi,_ld, ATTEST: DEPUTY CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ew Calif. 423 Bakersfield, California, June 20, 1984 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., June 20, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Inw~cation by Councilman Arthur L. Rockoff', The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Barton (seated at 7:10 P.M.), Childs, Christensen, Moore, Ratty Rockoff Absent: None Minutes of the regular meetings of May 30, 1984, and June 6, 1984~ were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Gerald Williams, 601 Washington Street, stated he operates a concession stand at California Avenue Park, on the County side. He would like to sell Michael Jackson paraphernalia for three months out of the year at the California Avenue Park and requested the Council amend or waive the ordinance prohibiting selling merch- andise in the park. In answer to a question by Councilman Childs, City Attorney Oberholzer stated the ordinance relating to selling merchandise in City parks indicates only charitable, non-profit organizations can sell in City parks. A charitable, non-profit organization must obtain a license and permit from the City Manager. The Municipal Code would have to be changed in order to allow Mr. Williams to sell merchandise at California Avenue Park. There is no provision in the Municipal Code to waive that particular section. Councilman Rockoff stated for the record he could not support changing the ordinance as he feels the City parks are not the appropriate place to sell merchandise, other than food and drink. Mr. Bob Hutchinson, 3400 Mountain View, stated he is an insurance adjuster and has lived in the City of Bakersfield for the Bakersfield, California, June 20, 1984 - Page 2 past five and one half years. He has lived in several other cities prior to coming here and one issue that comes up over and over again, is the businesses that are oftentfmes referred to as smut. He feels that these problems can be dealt with by dealing with the individual owners that live in the community, but could not be dealt with if there is no local commitment. Pornography is not acceptable and will never be acceptable in the City of Bakersfield. He demands a decent community to reside in and does not feel it will be one until there is some con- trol over these kinds of businesses. He requested the City Council take action on the Emergency Ordinance on the Agenda tonight, to make a true commitment, as this Council has done in the past, for community decency and to uphold community standards. Councilman Moore referred to an article in the Bakersfiel~ Californian in which Mr. Dan Theisman was quoted as saying, "The City supports adult bookstores in the Downtown Area, primarily on Chester Avenue." Councilman Moore stated, for the record, to his knowledge~ City Officials, Officers, Staff or Department Heads are not supporting an adult bookstore on Chester Avenue or at any other specific location. There are areas in our community where adult bookstores can be located. There is a map in the Plannin6 Departmel~t that identifies those areas and anyone interested can reference that map to see what areas are authorized for that use. In no way has the City ever selected a site or an area, such as Chester Avenue in the Downtown District to be identified as the spot for an adult book- store. Mr. Mark Dickerson, 5404 Krista Street, informed the Council that as a result of former Councilman Tom Payne's resigna- tion, petitions have been circulated calling for a Special Election in the Sixth Ward and these petitions will be filed in the City Clerk's Office on Thursday, June 21, 1984. They have received in excess of 500 signatures and feel confident they will be able to meet the required 424 signatures. He said the citizens he has spoken 430 Bakersfield, California, June 20, 1984 - Page 3 with have indicated a desire for an election to decide the Council- man representing the Sixth Ward. He stated he is concerned about the possibility of a candidate being appointed to fill the interim appointment for the obvious reason that it gives that candidate an advantage. He wanted to go on record as being in support of leaving the Council seat of the Sixth Ward vacant or suggesting that perhaps Former Councilman Tom Payne would be an excellent choice for an interim appointment. If Tom Payne is willing and desires to serve during the interim period, Mr. Dickerson feels, because of discus- sions with persons in the community, Tom Payne would be supported by the community. If the petitions are not successful, he feels the community still wants an election rather than having a Council- man appointed to complete the unexpired term. Councilman Ratty stated that he feels the Council will vote to call a Special Election to fill the vacant Sixth Ward Council seat, whether or not the petition drive is successful. He feels it is the consensus of the Council that an election should be held. Councilman Barton advised Mr. Dickerson that he could inform his supporters and other residents of the Sixth Ward that it is his position that the people of the Sixth Ward are entitled to elect their representative. Whether the petition drive is success- ful or not, he is committed to vote for and ask the Council to approve a Special Election in November to fill the vacant Sixth Ward seat. It is also his feeling that any interim appointment would be made of someone who is not a candidate. CORRESPONDENCE Upon a motion by Councilman Christensen. Petition from residents along the 300 and 400 Block of 17th Street ob.jecting to a pending zone change at 409 - 17th Street and requesting a General Plan Amendment on property located on 17th Street between "S" and "V" Streets, was received and referred to the Planning Commission for study and recommendation. Bakersfield, California, June 20, 1984 - Page 4 431 Upon a motion by Councilman Rockoff, communication from Phil White, representing the Retired Employees of the City, dated June 6, 1984, requesting an ~ncrease in for medical insurance, was received and Finance Committee. the City's contribution referred to the Budget and Upon a motion by Councilman Rockoff, communication from the Bakersfield Planning Commission, dated June 4, 198.4, submitting the Preliminary Ten-Year Capital Improvement Program for the Years 1984-94, tee. was received and referred to the Budget and Finance Commit- Upon a motion by Councilman Christensen, communication from Thomas A. Payne, former Councilman of the Sixth Ward, dated June 6, 1984, submitting his formal resignation effective June 6, 1984, and requesting that the Council reappoint him to fill that position until a new Councilman is seated in November, 1984, was received and placed on file at this time. Upon a motion by Councilman Childs, communication from Schools Legal Service, 5801 Sundale Avenue, dated June 13, 1984, re- garding Findings of the Board of Trustees oF the Buena Vista School District Pursuant to the Schools Facilities Ordinance, was received and referred to the Growth and Development Committee. Upon a motion by Councilman Ratty, communication from Gov- ernor's Office of Local Government Affairs, Sacramento, dated June 1984, regarding Governor Deukmejian's Water Program, was received and referred to the Water Resources Department. Upon a motion by Councilman Childs, communication from Vernon D. Strong, 828 East California Avenue, dated Julhe 18, 1984, requesting annexation of property located at 801 and 805 California Avenue, containing approximately 0.4425+ acres, plus street area, was received and referred to the Planning Commission. Upon a motion by Councilman Moore, communication from Beverly A. Burright, Bakersfield Art Association, Inc., 1930 "R" Street, 12, dated June 15, 1984, expressing gratitude for the opportuni-:y 432 Bakersfield, California, June 20, 1984 - Page 5 to voice their views at the May 30, received and placed on file. Upon from Musicians' dated June 15, 1984, City Council Meeting, was a motion by Councilman Christensen, communication Protective Union, Local No. 263, 802 Union Avenue, 1984, requesting an additional $4,000 in funding for the Summer Concert Band Series held in Beale Park, was received and referred to the Auditorium and Community Services Committee. COUNCIL STATEMENTS Mrs. Martha Walters, 3301 Dweight Street, requested the Council's approval to allow the issue of whether or not to have a Redevelopment Agency in the City of Bakersfield, to be placed on the November ballot. In answer to a question by Mayor Shell, City Attorney Oberholzer stated Mrs. Walters' question is referring to an Advisory Measure on the November ballot. The Redevelopment Agency has incur- red and will continue incurring commitments regarding tax increments and consequently, the City Council cannot remove any contractual obligations. He stated the question, "Do the voters want to continue a Redevelopment Agency or not continue a Redevelopment Agency?", is an issue that could be put on the ballot. Councilman Childs stated he would not consider the pros and cons of the Redevelopment Agency until the new City Manager has arrived. In answer to a question by Mrs. Walters, City Attorney Oberholzer stated June 27, 1984, is the last date at which the Council can adopt the Resolutions calling the election. Councilman Moore stated he feels that Redevelopment is a vehicle to stimulate growth, development and revitalization in the Downtown area and as long as it is performing that function, it needs to continue. He could not support having Redevelopment and a Redevel- opment Agency just for the sake of having it. Mrs. Walters stated she feels it is go before the voters to allow them to decide, for allowing her to speak. an issue that needs to and thanked the Council Bakersfield, California, June 20, 1984 - Page 6 Councilman Ratty stated he would like to see the issue of all commission appointments and term of appointments be referred to a committee for discussion and brought back to the Council for possible action. He indicated it would be appropriate for the Gov- ernmental Efficiency and Personnel Committee to discuss this issue, but since that Committee is short one member, he suggested it be referred to the Intergovernmental Relations Committee. He does have a concern that Councilman Childs, who is on the Governmental Effi- ciency and Personnel Committee is not on the Intergovernmental Relations Committee. Councilman Childs stated he agrees with Councilman Ratty's concerns and suggestion about commission appointments :and length of appointments. He has no problem with not being a part of the commit- tee discussions, would trust the committee's judgement and applauded Councilman Ratty for bringing the issue before the Council. Councilman Ratty made a motion to refer commission appoint- ments and tenure of office to the Intergovernmental Relations Commit- tee for discussion to be brought back to the Council at the Council Meeting of June 27, 1984, for possible action. This motion was unanimously approved. Upon a motion by Councilman Ratty, Councilman Moore was authorized to represent the Council to the University of California Cooperative Extension in a review of water facil~ties in the northern area. The goal of which is to increase understanding on a state-wide basis of water management and related problems as they exist and interact throughout the state, and for opinion leaders to expand th,a understanding of water issues with officials of other counties. This is a three day event to be held in Sacramento and the northern end of the valley. Councilman Moore commended Chief Price on the Police Depart- ment Report and expressed his appreciation for the increase in the number of arrests made and reduction of crime rate in all areas. 434 Bakersfield, California, June 20, 1984 - Page 7 Councilman Moore stated he was advised by the City Clerk's Office of the considerable cost of having two questions on the November ballot regarding the smoking issue. There is a strong indication of a large increase in voter registration for the November Election which directly affects the cost. He suggested that the issue of an advisory election and what should be placed on the ballot be referred to a committee prior to the June 27, 1984 Council Meeting. Councilman Christensen made a motion that the smoking issue, to be placed on the November ballot as an advisory measure and the wording for such a measure, be referred fo the Auditorium and Com- munity Services Committee for discussion and to be brought back to the Council at the Council Meeting of June 27, 1984. This motion was unanimously approved. Councilman Childs commended Chief Price and the Bakersfield Police Department for being very cooperative and informative regard- ing training facilities during meetings with the Police Liason Com- mittee and Booker T. Neal of the Justice Department. Mr. Neal has stated that in all of his years of experience he has never been privileged to this type of training information. The Liaison Commit- tee has taken a stance that they will not be ashamed or afraid to stand up and say when they feel the Police Chief or Department was right, nor to refer the complaint to the appropriate department for review, when they feel an officer was wrong. The Liaison Committee is very pleased with their relationship with the Bakersfield Police Department. Mayor Shell stated she appreciated the opportunity she had recently to go on a Ride-A-Long with the Bakersfield Police Department. She specifically requested to go to the Lakeview Area. There are six officers and a sergeant assigned to the area and they are walking up and down the streets. She did have people come up to tell her they appreciated the enforcement in the area. Bakersfield, California, June 20, 1984 - Page 8 435 REPORTS Councilman Childs, of the Governmental Efficiency and Personnel Committee, read Report No. 10-84 regarding Contract for Legal Services with the City of Maricopa, as follows: The City Attorney's Office and the Mayor of Maricopa have been engaged in discussions regarding the City of Maricopa's need for legal services. Attached to this report is a letter from Mark Daily, Mayor of Maricopa, requesting the City of Bakersfield and the City of Maricopa enter into a joint powers agreement for the purpose of sharing legal services. The Governmental Efficiency and Personnel Committee recently met with City Attorney Richard Oberholzer regarding this request. At this meeting, Mr. Oberholzer stated that his office could provide this service without any increase in staffing. He felt that the services provided would be similar to what his office is doing for the cities of Shafter and Taft and would not exceed ten hours per month, most of which are incurred outside of the normal working hours. This relationship would provide Maricopa with the legal expertise normally associated with larger cities that have a full-time legal staff. At the same time, the fixed operating costs of the Bakersfield City Attorney's Office could be diminished by a sharing of costs with Maricopa. The hourly rate to be paid by Maricopa will be $60.00 per hour. Since the City Attorney has assured us that his office can handle this request without additional personnel and our legal services will not be adversely affected, the Governmental Efficiency and Personnel Committee is recommending City Council approve and authorize the Mayor to execute. The attached agreement with the City of Maricopa is for a one-year period. Upon a motion by Councilman Childs, Governmental Efficiency and Personnel Committee Report No. 10-84 regarding Contract for Legal Services with the City of Maricopa, was accepted; and agreement with the City of Maricopa for Legal Services, was approved and the Mayor authorized to execute the same. Councilman Childs, of the Governmental Efficiency and Per-- sonnel Committee, read Report No. 11-84 regarding Reclassification of Range Master to Training Officer, as follows: 436 Bakersfield, California, June 20, 1984 - Page 9 Attached to this report is a memorandum from Chief of Police Robert Price regarding the reclassification of a vacant Range Master position to Training Officer. The Range Master position has been filled for the last few years by a non- sworn employee. Due to the recent resignation of the Range Master, the Police Department has evaluated the availability of qualified persons for this position and the overall training needs of the department. It is apparent that the quali- fications for this position are highly technical and require a job knowledge that very few people possess. The Department has an individual that meets all of the job standards; however, it would require an upgrading of the position to that of a Training Officer. The Governmental Efficiency and Personnel Commit- tee has met with City staf'f on this matter, and we are in agreement with this request. We are, therefore, recommending City Council approval to reclassify the Range Master classification to that of Training Officer and also recommend Council approval of the attached salary resolution elimi- nating the classification of Range Master. The annual additional cost for this transition will be $6,530. However, there are monies available in the Police Department Budget to cover the costs for the remainder oF Fiscal Year 1983-84. Upon a motion by Councilman Childs, Governmental Effi- ciency and Personnel Committee Report No. 11-84 regarding Reclass- ification oF Range Master to Training Officer was accepted. Adoption of Resolution No. 37-84 of the Council of the City of Bakersfield amend- ing Resolution No. 99-83 Setting Salaries and Related Benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Childs, Resolution No. 37-84 of the Council of the City of Bakersfield amending Resolution No. 99-83 Setting Salaries and Related Benefits for Officers and Employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore, Rockoff Noes: None Absent: Councilman Ratty City Attorney Oberholzer reported to the Council that the Termination Hearing on Cox Cable's Franchise, which is a result of their underpayment of franchise fees, was referred to Budget and Finance Bakersfield, California, June 20, 1984 - Page l0 t37 Committee during the interim for negotiations. A hearing date was set for June 27, 1984. The Budget and Finance Committee has met with Cox Cable and possibly reached agreement in the area of back payments to be paid. In addition, Cox Cable would like to have the language in the Franchise Agreement clarified, along with some other changes. If it is not possible to reach agreement during negotiations, the hearing will be held. However, more time is needed to complete negotiations, and therefore, it is requested that Council continue the hearing to August 1, 1984. Councilman Rockoff made a motion to continue the Cox Cable Termination Hearing to August l, 1984. This motion was unan- imously approved. Public Works Director Hawley presented a report regarding the Street Sweeping Program, as follows: On October 10, 1983, the City Council adopted several changes in the Street Sweeping Program. Attached is a memorandum from Bob Hall, Street Maintenance Superintendent,..0utlining the results of those changes. As indicated, we have been able to increase efficiency and equipment availability and decrease sweeping time required to sweep the entire City. Even though there has been some improvements.. there are still two areas of concern: vehicles on the streets and backpack blowers. The Bakersfield Californian has been very good in publishing our street cleaning schedule each week, however, we have not been successful in getting a sufficient number of vehicles off the streets; (we have 15-20% fewer parked ~:ars than before). We have contacted some commercial gardeners and requested their cooperation in not using backpack blowers to blow grass trin~ings into the street, however, the number of backpack blowers being used has increased significantly during the past few months, and grass in the atreet continues to be a problem. Upon a motion by Councilman Ratty, the issue of a more efficient street sweeping program was referred to the Governmental Efficiency and Personnel Committee for further study and recommendation. 438 Bakersfield, California, June 20, 1984 - Page (a) (b) (c) d) e) f) (g) (h) (i) (J) (k) CONSENT CALENDAR Allowance of Claims Nos. 6206 to 6559, inclusive, in the amount of $1,238,401.30. Claim for Damages and Personal Injuries from Lillian Stovall, c/o George W. Granger, Attorney at Law, 1400 Truxtun Avenue, Bakers- field. (Refer to City Attorney) Claim for Damages from the County 1415 Truxtun Avenue, Bakersfield. to City Attorney) of Kern, (Refer Claim for Damages from Lila Christine Smith, 400 Monterey Street, Apt. C, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Jose and Patricia Vasquez, c/o George A. Boyle, Attorney at Law, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) C]aim for Damages from Jose Hernandez Perales, 807 Eye Street, Bakersfield. (Refer to City Attorney) Masonry Wall Easement from Tenneco Realty Development Corporation, for masonry wall within Tract No. 4544 as required for a Maintenance District, located west of Gosford Road and southerly of Stockdale Highway. Storm Drain Easement from Villa Loma Develop- ment Company for storm drain line as required for development of Parcel Map 5944 located southeasterly of Fairfax Road and State High- way 178. Street Right-of-Way Deeds from FFI/JMA Associates, Ltd., providing dedication of public street right-of-way as required by the Planning Commission for Parcel Map 6868, located on the west side of Stine Road between the Southern Pacific Railroad and Panama Lane. Map of Tract 4615 and Improvement Agreement with Bennet Manning, for construction of improvements therein, located on the north side of Panama Lane, easterly of South "H" Street. Notices of Completion and Acceptance of Work for: Second Influent Pump at Waste Water Treatment Plant No. 3, Contract No. 83-90, with Sira- Aris Engineering. (CONTINUED ON NEXT PAGE) Bakersfield, California, June 20, 1984 - Page 12 439 (k) CONTINUED Resurfacing portion of South Chester, South "P" and Planz Road, Contract No. 84-49 with James G. Francis. Main Fire Station Remodel - Phase III, Contract No. 83-65, with Ashby Construction. Tract No. 4436, Contract No. 83-200, with Ameri-Kern Financial, Inc., and Regional Mortgage Company, located at Panama Lane and Wible Road. Tract No. 4437, Contract No. 83-199, with Ameri-Kern Financial, Inc., and Regional Mortgage Company, located at Panama Lane and Wible Road. (i) Application for Encroachment Permit from Richard L. and Connie J. Williams, 2501 Puder Street, for construction of a 40 inch high block retaining wall with a 6 foot wooden fence on top located behind the existing sidewalk. (m) Application for Encroachment Permit from Francis K. Lyons, 2]00 "F" Street, for construction of a 4 inch high concrete walk and planter area encroaching 1 foot 6 inches into the alley right-of-way. (n) Contract Change Order No. 3 to Contract No. 83-208 with Gen-Par Construction, Incorp- orated for Constructing Fire Station No. 3, "Saunders Park". This Change Order provides a concrete protectiw~ cover for the sewer lateral to the Fire Station. The protection is required due to heavy fire equipment used at the station. The cost of this change is $464.7], which increases the total contract price to $302,318.97. Sufficient funds are available in the account for this project. (o) Request for Approved Leave Without Pay for Clerk-Stenographer I, Mareda Jean Malm. Mrs. Malm is presently on a 30-day Leave of Absence Without Pay for maternity reasons, which will terminate June 18, 1984. She is requesting an additional 30-day Leave, which will carry her through July 18, 1984. (P) Contract with Carl Warren and Company to Extend Adjusting Services on the Self-Insur- ance Program for Fiscal Year 1984-85. This one-year extension incorporates the same terms as the previous contract except the hourly rate Js increased from $23.00 to $24.00. The Budget and Finance Committee reviewed the rate adjustment and recommended approval. Councilman Rockoff stated for the record, he is concerned with Item (p) of the Consent Calendar, as it is an increase in a 440 Bakersfield, California, June 20, 1984 - Page ]3 contract. It be a separate justified and therefore, would not request the Consent Calendar. In the future, this a separate item on the agenda. Upon a motion by Councilman Barton, (d), (e), (f), (g), (h), (i), (j), (k), (1), (p) of the Consent Calendar, were adopted by vote: Ayes: Councilmen Barton, Rockoff Noes: None Absent: None is his opinion that an increase in a contract should item on the agenda. He feels this particular item is that it be removed from type of item should be Items (a), (b), (c), (m), (n), (o), and the following roll call. Childs, Christensen, Moore, Ratty, Upon a motion by Councilman Barton, Councilman Ratty was appointed to fill the vacancy on the City Water Board that exists due to the resignation of Councilman Payne. ACTION ON BIDS Upon a motion by Councilman Childs, low bid of Hopper, Incorporated, in the amount of $5,]32.52, for Fire Hose Drying Tower, was accepted and all other bids rejected. Upon a motion by Councilman Rockoff, low bid of Boise Cascade, in the amount of $13,705.68, for Annual Contract for Office Supplies #10586, was accepted, all other bids rejected and the Mayor authorized to execute the contract. Upon a motion by Councilman Moore, low bid of Granite Con- struction Company, in the amount of $72,513.00, for resurfacing por- tions of White Lane, between Wible Road and Real Road, FAU Project No. M-F 244(1), was accepted, all other bids rejected and the Mayor authorized to execute the contract. Upon a motion by Councilman Childs, approval was granted to repair the Brine Chiller at the Civic Auditorium and authorization was granted to use Council Contingency Funds, in an amount not to exceed $10,000. Bakersfield, California, June 20, 1984 - Page 14 DEFERRED BUSINESS Adoption of Ordinance No. 2922 New Series of the Council of the City of Bakersfield amending Section 5.08.070 of Chapter 5.08 of the Bakersfield Municipal Code pertain- ing to Alarm Systems. Upon a motion by Councilman Ratty, Ordinance No. 2922 New Series of the Council of the City of Bakersfield amending Section 5.08.070 of Chapter 5.08 of the Bakersfield Municipal ,Code pertain- ing to Alarm Systems, was adopted by the following roll Ayes: Noes: None Absent: None Councilmen Barton, Childs. Christensen, Moore, Rockoff call vote: Ratty, Ayes Noes Absent: Councilmen Barton, Rockoff None None Childs, Christensen, Moore, Ratty, Adoption of Ordinance No. 2923 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 Bakers- field, regarding Prezoning of property known as Wible No. 5 Annexation. This amendment would prezone those certain properties pro- posed for annexation to a C-2 (Commercial) Zone. The Planning Commission recommended approval of the pre- zoning for Wible No. 5 Annexation. Upon a motion by Councilman Christensen, Negative Declara.- tion and Ordinance No. 2923 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 Wible No. 5 Annexation, finding said zoning consistent with the General Plan, were adopted by the follow- ing roll call vote: Bakersfield, California, June 20, 1984 - Page 15 Adoption of Ordinance No. 2924 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 properties in the City of Bakersfield located on the south side of Pacheco Road approximately 1,320 feet west of Wible Road. The application for this amendment was made by Tommie Townsend for Dan B. and Mary Speare and would change subject property from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. merit. The Planning Commission reco~nended approval of this amend- Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2924 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 properties in the City of Bakersfield located on the south side of Pacheco Road approximately 1,320 consistent with the feet west of Wible Road, finding said zoning General Plan, were adopted by the following call vote: Ayes: Councilmen Barton, Rockoff Noes: None Absent: None Childs, Christensen, Moore, Ratty 1 Adoption of Ordinance No. 2925 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 Buena Vista No. Annexation. This amendment would prezone those certain posed for annexation to an R-1 (One Family Dwelling), Family Dwelling - Church), R-2 (Limited Multiple Family Dwelling) and R-3 (Limited Multiple Family Dwelling) Zones. The Planning Commission recommended approval of the pre- zoning for Buena Vista No. 1 Annexation. roll properties pro- R-1-CH (One Bakersfield, California, June 20, 1984 - Page 16 Upon a motion by Councilman Christensen, Negative Declara- tion and Ordinance No. 2925 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 Pro- zoning of property known as Buena Vista No. I Annexation, finding said zoning consistent with the General Plan, were adopted by the following rol] call Ayes vote: Councilmen Barton, Rockoff None None Noes Absent: Childs, Christensen, Moore, Ratty, NEW BUSINESS Adoption of Emergency Ordinance No. 292,3 New Series of the Council of the City of Bakersfield adding Subsection B. 48 to Section 17.24.020, Subsection B. 33 to Section 17.28.020 and Subsection B. 55 to Section 17.30.020, Amendment Subsections E. and F. of Section 17.69.020, Section 17.69.030, Section 17.69.050, Section 17.69.070, Subsections A. and B. of Section 5.06.010, Sections 5.06.020, 5.06.030, 5.06.040, 5.06.060, 5.06.070, 5.06.080, and 5.06.090 and Repealing Section 5.06.050 and Subsection F. of 5.06.060 of the Bakers- field Municipal Code relative to Adult Entertainment Establishments and Adult Bookstores. This ordinance is designed to facilitate enforcement of the Chapters of the Bakersfield Municipal Code concerning "adult" businesses. In summary, the amendments to Chapter 17.69 redefine adult bookstores and adult list of zones within which establish time periods for theaters, add C-l, M-] and M-2 to the "adult" businesses are permissible uses, action on applications for use permits and appeals, eliminate Conditional Use Permit requirements for new and relocated "adult" businesses, and provide that if no place meeting the requirements of the chapter is reasonably available (as defined) an exception allowing operation at a non-conforming site will be granted. The amendments to Chapter 5.06 update the definition of harmful matter, eliminate requirements that an appli- cant identify all those with a financial interest in the business, 444 Bakersfield, California, June 20, 1984 - Page 17 his criminal record, or provide fingerprints, specifies that booths in any adult bookstore are not to be locked and that harmful matter is not to be visible from outside the adult bookstore. Upon a motion by Councilman Christensen, Emergency Ordinance No. 2926 New Series of the Council of the City of Bakers- field adding SubsectJon B. 48 to Section 17.24.020, Subsection B. 33 to Section 17.28.020 and Subsection B. 55 to Section 17.30.020, Amending Subsections E. and F. of Section 17.69.020, Section 17.69.030 Section 17.69.050, Section 17.69.070, Subsections A. and B. of Section 5.06.010, Sections 5.06.020, 5.06.030, 5.06.040, 5.06.060, 5.06.070, 5.06.080, and 5.06.090 and Repealing Section 5.06.050, and Subsection F. of 5.06.060 of the Bakersfield Municipal Code relative to Adult Entertainment Establishments and Adult Bookstores, was adopted by the following roll Ayes call vote: Councilmen Barton, Childs~ Christensen, Rockoff None None Noes Absent: Moore, Ratty, First reading of an Ordinance of the Council of the City of Bakers- field amending Sections 14.12.380 and 14.12.390 of the Bakersfield Municipal Code relative to Sewer User Charges and Fees and Payment Require- ments. This ordinance provides that annual sewer user fees shall be set by ordinance, rather than resolution, formalizing the fee adoption process, and differentiates for purposes of collection sewer user fees (collected with property taxes by the County), sewer con- nection fees (collected with building permits or connection permits) and surcharges applicable to commercial and industrial uses (billed directly), consistent with existing practices. This ordinance also increases from 1/2 to 1 percent per month interest payable on past- due surcharge accounts. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Sections 14.12.380 and 14.12.390 of the Bakersfield ~4unicipal Code relative to Sewer User Charges and Fees and Payment Requirements. Bakersfield, California, June 20, 1984 - Page 18 Adoption of Resolution No. 38-84 of the Council of the City of Bakers- field Establishing City of Bakersfield Appropriation Limit for Fiscal Year 1983-84. California Legislation allows the annual appropriation limit to be adjusted annually by the lesser of the cost of living or the per capita increase in California plus real growth (popula- tion increases or decreases). This resolution establishes the City of Bakersfield appropriation limit for Fiscal Year 1983-84. Upon a motion by Councilman Rockoff, Resolution No. 38-84 of the Council of the City of Bakersfield Establishing City of Bakers- field Appropriation Limit for Fiscal Year 1983-84, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Rockoff Noes: None Absent: None Christensen, Moore, Ratty, Adoption of Resolution No. 39-84 of the Council of the City of Bakers- field initiating proceedings for the Annexation of territory to the City of Bakersfield identified as Proceed- ing No. 827, Annexation No. 290, in Accordance with LAFCO Resolution Making Determination (Wible No. 5). This resolution initiates annexation proceedings No. 5 (Gemco Shopping Center) and sets the date of hearing August 1. 1984. for Wible for Upon a motion by Councilman Childs, Resolution No. 39-84 Childs, Christensen, Moore, Ratty, Ayes Noes Absent: Councilmen Barton, Rockoff None None of the Council of the City of Bakersfield initiating Proceedings for the Annexation of Territory to the City of Bakersfield Identified Proceeding No. 827, Annexation No. 290, in accordance with LAFCO Resolution Making Determination (Wible No. 5), was adopted by the following roll call vote: 446 Bakersfield, California, June 20, 1984 - Page 19 Approval of Engineering Services Agree- ment between the City of Bakersfield and Ricks, Taylor and Meyer, Inc. This agreement provides the terms and conditions for the design of the 21st Street Box Culvert at the Carrier Canal. This project will replace an existing structure that is no longer adequate to handle the required flows. $250,000.00 is budgeted in the current fiscal year for the, engineering design and construction of this project. The design fee will be on an hourly basis not to exceed $18,000.00. Upon a motion by Councilman Christensen, Engineering Ser- vices Agreement between the City of Bakersfield and Ricks, Taylor Inc., was approved and the Mayor authorized to execute and Meyer, same. Authorization granted Finance Opera- tions Manager to Write-Off the books the list of Uncollectible Accounts Receivable totalling $26,020.88 and forward these accounts to the City's Collection Agency for further action. It is requested that be written off. The staff has disposal to collect these past Statute of Limitations applies Damage Claims Miscellaneous Upon a motion by $26,020.88 in exhausted all due accounts. uncollectible accounts possible means at its' In most cases the or the individuals cannot be located. $25,S59.88 161.00 $26,020.88 Councilman Rockoff, the Finance Operations Manager was authorized to write-off the books as Uncollectible Accounts Receivable totalling $26,020.88 and forward these accounts to the City's Collection Agency for further action. Approval of Agreement with Ed Rodgers, Auctioneer, ['or rental of property located at 16th and "S" Streets. is (Old As on previous occasions, Ed Rodgers, Auctioneer, requesting to rent the City property at 16th and "S" Streets City Corporation Yard), for a public auction. Bakersfield, California, June 20, 1984 - Page 20 447 City staff considers a daily rental of $75.00 to be acceptable and would recommend Council approval. Upon a motion by Councilman Ratty, Agreement with Ed Rodgers, Auctioneer, for rental of property located at 16th and "S" Streets, was approved and the Mayor authorized to execute same. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:20 P.~. ? I'~AYOR of t.~it¥ of ~Bakersfield, Californi~ ATTEST: CITY CLB/RK and Ex O~icio Clerk of the of the City of Bakersfield, California CW Council 448 Bakersfield, California, June 27, 1984 Minutes of a regular meeting of tile Council of the City of Bakersfield, California, he2d in the Council Chambers of City Hall at 7:00 P.M., June 27, 1984. by o f Present: The meeting was called to order by Mayor Shell, followed the Pledge of Allegiance and Invocation by Reverend Dick Ferris the First Assembly of God Church. The City Clerk called the roll as follows: Mayor Shell. Councilmen Childs, Christensen, Moore, Ratty, Absent: None Hockoff, Barton SCHEDULED PUBLIC STATEMENTS Mr. Me1Yarraw, 5621Stine Road, Space 85, President of the Fountain Springs Homeowners' Association, stated they have had a lot of traffic problems in their mobile home park that ~s located on Stine Road, south of Pacheco Road and north of Harris Road. Mr. Yarraw explained the things they have done to comply with City regulations and codes, and presented a petition containing 132 sig- natures of residents in the area requesting that a resolution or ordinance be enacted so the roads and streets in Fountain Springs Estates be subject to the provisions of the California Vehicle Code. In answer to a question by Councilman Barton, City Attorney Oberho]zer stated the procedure in this matter is that a petition, signed by a majority of the owners of the roadway, must be submitted to the legislative body requesting that it follow the provisions of the Vehicle Code. A hearing must then be held with l0 days written not2ce given to each property and private roadway owner. The legis- lative body can then enact an ordinance or resolution which places that private roadway under the jurisdiction of the Vehicle Code, thereby, giving the Police Department the authority to issue citations pursuant to all the provisions of the Vehicle Code. At the present time, Vehicle Code provisions can only be issued on private property for certain violations. Bakersfield, California, June 27, 1984 - Page 2 Former Councilman Thomas Payne explained some of the problems the people living in Fountain Springs Mobile Home Park have and requested that the Council grant their request. After discussion, upon a motion by Councilman Barton, hearing on the request of the property owners in Fountain Springs Mobile Home Park that an ordinance or resolution be enacted so the roads and streets in their area be subject to the prowlsions of the California Vehicle Code, was set for August 29, 1984. Mayor Shell announced that due to a real or imaginary Conflict of Interest, Councilman Barton will not participate in the following discussion regarding Fireworks. Mr. Mark Dickerson, 5404 Krista Street, requested a change in the 1983 Fireworks Ordinance that would allow the "Friends of ~.{ark Dickerson Committee," to obtain a license to sell Fireworks. In answer to a question by Councilman Childs~ City Attorney Oberholzer stated he made a determination that the "Friends of Mark Dickerson Committee," is a political organization and not an organ- ization as defined in the code. The code does not include political organizations. There are no political organizations that have permits to sell Fireworks. When the ordinance was drafted last: year, the Council did not consider or intend to include political organizations. Mrs. Martha Walters, 3301 Dwight Street, challenged the need for a Redevelopment Agency in the City of Bakersfield and requested that an advisory measure be placed on the November 6, 1984, ballot to let the voters of the City decide whether or not they wan~ a Redevelopment Agency. In answer to a question by Councilman Moore, City Attorney Oberholzer stated in order to place this issue on the ballot for November, the election would have to be called tonight. If the Redevelopment Agency was abolished, the City would still be obligated to the bond issues previously entered into by the Redevelopment Age~cy. 450 Bakersfield, California, June 27, 1984 - Page 3 In answer to a question by Mayor Shell, Finance Operations Manager Klimko stated the outstanding debt of the Redevelopment Agency is $6,035,000. Councilman Christensen made a motion to move Report Nos. 8-84 and 9-84 from the Auditorium and Community Services Committee regarding Smoking Ordinance Ballot Measure to follow New Business on the agenda. This motion failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilman Christensen Councilmen Childs, Moore, Ratty, Rockoff, Barton None CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Samuel L. Schreiber, M.D., P.O. Box 2899, Bakersfield, regarding traffic signals at the intersection of "L" Street and Truxtun Avenue, was received and referred to the Traffic Authority. Upon a motion by Councilman Ratty, Public Notice from the United States Environmental Protection Agency, 215 Fremont Street, San Francisco, California, dated June 22, 1984, regarding a Draft Permit Amendment which regulates the emission of air pollutants, was received and ordered placed on file. Upon a motion by Councilman Moore, communication from Jana Wilson, Mayor of the City of Oroville, California, dated June 25, 1984, requesting Council support of the City of Oroville's objections to the outrageous rate increase request of California Water Service Company, was received and referred to the Water Resources Committee. COUNCIL STATEMENTS Upon a motion by Councilman Childs, Dr. William R. Perry, 2921Staunton Court, was appointed to the Police Department Civil Service Board, term expiring December 31, 1986. This appointment replaces Mr. William H. McCullough, who moved outside the City Limits. Bakersfield, California, June 27, 1984 - Page 4 451 Upon a motion by Councilman Ratty, Councilman Moore was appointed as the Council's representative to the Kern County Council of Governments (Kern COG), and Councilman Ratty will serve as the alternate to that organization. Upon a motion by Councilman Barton, Councilman Ratty was appointed as a member of the Water Resources Committee, replacing Councilman Payne who resigned on June 6, 1984. Mayor Shell read a letter from the International Institute of Municipal Clerks announcing that City Clerk Marguerite Anderson has been awarded the designation of Certified Municipal Clerk. ThJ~ prestigious award recognizes the professional competency of Mrs. Anderson in the execution of the most important office of City Clerk. It is granted only after a person has met high educational, experience and service requirements established by the IIMC. Mayor Shell announced thai. a Certificate of Conformance has been awarded by the Governmental Finance Officers Association to the City's :financial staff. governmental accounting represents a significant This is the highest form of recognition in and financial reporting and fits; attainment accomplishment by a government; or public employees retirement the plaque to Finance Operations with system and its management. Mayor Shell presented Manager Klimko that was engraved Ayes: Councilmen Childs, Christensen, Moore, Noes: Councilmen Ratty, Rockoff, Barton Absent: None Mayor Shell the following wording: "Presented to the City oF Bakersfield for its Comprehensive Annual Financial Report for Fiscal Year Ending June 30, 1983." Councilman Childs made a motion to move the Certificate from the Kern County Clerk's Office regarding sufficiency of Petitions requesting the Council to call a Special Election to fill the vacant, unexpired term of Councilman oF the Sixth Ward forward on the agenda to be heard immediateIy following Council Statements. This motion carried by the following roll call vote: 452 Bakersfield, California, June 27, 1984 - Page 5 Pursuant to that in case of a tie deciding vote, Section vote by the Council, 14 of the City Charter, which states the Mayor shall cast the Mayor Shell voted Aye. NEW BUSINESS Reception of Certificate from Kern County Clerk's Office regarding sufficiency of Petitions requesting the Council to call a Special Election to fill the unexpired term of Council- man for the Sixth Ward. In accordance with Section ]6 of the Bakersfield City this petition must contain signatures of qualified electors 25~ of the vote at the last Charter, of the Sixth Ward equal in number to not less than cast for Councilmanic Candidates in the Sixth Ward General Municipal Election. The total number of votes cast GeneraI Municipal Election held November in the Sixth Ward at the 8, 1983, was 1,695, there- fore, 424 verified and certified signatures were required. The Kern County Clerk has verified and certified 504 sig- natures, therefore, the petition was valid and the Council, in accordance with Section 16 of the City Charter, shall call a Special Election to fill the vacancy. Upon a motion by Councilman Barton, Certificate from the Kern County Clerk's Office certifying sufficiency of Petitions requesting the Council to call a Special Election to fill the unexpired term of Councilman of the Sixth Ward, was received and ordered placed on file. Upon a motion by Councilman Barton, the two resolutions under New Business, regarding Calling a Special Election and request- ing consolidation with the General Election to be held on November 6, 1984, were moved forward on the agenda to be considered at this time. Adoption of Resolution No. 40-84 of the Council of the City of Bakers- field calling a Special Municipal Election for the purpose of filling a vacancy on the Council for the remainder of the unexpired term in Ward 6, and providing for the consoli- dation of said Special Election with the General Election to be held on Tuesday, November 6, 19S4. (SEE NOTE BELOW) Bakersfield, California, June 27, 1984 - Page 6 This resolution calls for a Special Election for filling the vacancy on the Council for Ward 6, and provides for consolidation with the General Election. Upon a motion by Councilman Barton, Resolution No. 40-84 of the Council of the City of Bakersfield calling a Special Municipal Election for the purpose of filling a vacancy on the Council for the remainder of the unexpired term in Ward 6, and providing for the con- solidation of said Special Election with the General Election to be held on Tuesday, November 6, 1984, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Moore, Ratty, Rockoff, Barton Noes: None Absent: None NOTE: This resolution was readopted later in the meeting adding Charter Amendments to the Special Election. Adoption of Resolution No. 41-84 of the Council of the City of Bakers- field requesting the Board of Super- visors of the County of Kern to order the consolidation of a Special Municipal Election for filling a vacancy on the Council in Ward 6 with the Genera2 Election to be held on Tuesday, November 6, 1984. (SEE NOTE BELOW) This resolution requests the Board of Supervisors to con- solidate the City Election with the General Election. Upon a motion by Councilman Barton, Resolution No. 41-84 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the consolidation of a Special Municipal Election for filling a vacancy on the Council in Ward 6 with the General Election to be held on Tuesday, November 6, 1984, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Moore, Ratty, Rockoff, Barton Noes: None Absent: None NOTE: This resolution was readopted later in the meeting adding Charter Amendments to the Special Election. Bakersfield, California, June 27, 1984 - Page 7 Mayor Shell declared a brief recess at 8:10 P.M. and reconvened the meeting at 8:20 P.M. REPORTS Councilman Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. 7-84 regarding Ordinance Amendment Re Vendors in City Parks, as follows: On occasion, the City has received requests from vendors of portable concession stands to sell foods and beverages in City parks. This type of sales has not been permitted by City ordinance. The Auditorium and Community Services Committee has met with staff and interested vendors in regards to this matter, and we have worked out an amicable solution. Under our proposed ordinance amendment, an operator of a port- able concession stand may sell foods and beverages, except alcohol, in City parks provided the following conditions are met: 1. Such sales are conducted only in City parks without permanent concession stands. The operator's mobile vehicle is stationed in an approved off-street paved area of a park designated for such use by the Public Works Director. No sales from curb sides on public streets are permitted. No more than two (2) such operators can sell in any park at the same time, and no operator may have more than one mobile vehicle in any park at the same time. 4. The operator has a City business license and has obtained a permit from the Parks Division. 5. Operators must have liability insurance coverage. Operators must keep the area within [ifty (50) feet of their vehicles clear of all litter. With these amendments, this committee is recommending Council acceptance of this report and consider this action as first reading of this amended ordinance. Upon a motion by Councilman Christensen, Auditorium and Community Services Committee Report No. 7-84 regarding Ordinance Amendment Re Vendors in City Parks, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 8.16.060 and 12.56. 240 of the Bakersfield Municipal Code relative to Sale of Food and Beverage in or in vicinity of Public Parks. Bakersfield, California, June 27, 1984 - Page 8 First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Sections 8.16.060 and 12.56.240 of the Bakersfield Municipal Code relative to Sale of Food and Beverage in or in the vicinity of Public Parks. Councilman Childs, member of the Auditorium and Community Services Committee, read Report No. 8-84 regarding Smoking Ordinance Ballot (Majority Report), as follows: At last week's City Council meeting, the City Council referred the Smoking Ordinance Ballot issue to this committee. The Council suggested that we study the possiblity of narrowing the questions on the ballot to one issue rather than two. By doing this, it was felt that there could be a dollar savings and also less confusion for the voters. This committee met last week to consider the Council's recommendations, and we were in agree- ment that one issue on the ballot would save the taxpayers approximately $7,000, and it would also be less confusing to the voters. We were not in agreement, however, on the need for an election. Based on information which has been supplied to us, citizens in the Bakersfield area have turned down, on three previous occasions, ballot measures which would have restricted or prohibited smoking in most public and many private places (1978 State- wide Proposition 5; 1980 Statewide Proposition 10; 1982 Kern County only). The City Council also conducted a survey last y~-ar which indicated that the public did not want government intervention in this area. Based on this, we are recommending that the City Council not place a measure on the November 1984 ballot regulating, by ordinance, smoking in the work place. If the majority of the Council feels that this issue should be on the ballot, then we are in agreement with Councilman Christensen and would recommend Council approval that one issue should be placed on the ballot as follows: Shall the City of Bakersfield adopt an ordinance prohibiting smoking in the work place? In order to do this, we would recommend Council approval of the attached ballot measure. Respectfully submitted, Councilman Arthur L. Rockoff Councilman James Henry Childs 456 Bakersfield, California, June 27, 1984 - Page 9 Upon a motion by Councilman Childs, Auditorium and Community Services Committee Report No. 8-84 regarding Smoking Ordinance Ballot (Majority Report), was accepted. Councilman Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. 9-84 regarding Smoking Ordinance Ballot (Minority Report), as follows: As Chairman of the Auditorium and Community Services Committee, I am recommending that the City Council approve the following question for the November 1984 Election: Shall the City of Bakersfield adopt an ordinance prohibiting smoking in the work place? Respectfully submitted, Councilman J. M. "Chris" Christensen, Chairman Upon a motion by Councilman Christensen, Auditorium and Community Services Committee Report No. 9-84 regarding Smoking Ordinance Ballot (llinority Report), was accepted. Councilman Rockoff made a motion that the City Council not place the measure regarding the smoking issue on the November 6, 1984 ballot. Dr. Frank Benedict stated he is not a smoker and very much against it, however, felt it was time to look at the facts and take the emotions out of the issue. Dr. Benedict read portions of medical articles on smoking statistics on identical twins and stated he did not feel the City needs an ordinance because it would be difficult to enforce. Councilman Barton stated Councilman Christensen has become ill and had to leave the meeting and apologized for the Council's inattentiveness. Councilman Childs stated Councilman Christensen has been taken to Mercy Hospital. Councilman Rockoff suggested that because Councilman Chris- tensen has strong feelings about the smoking issue, that the matter be acted upon later in the meeting, if Councilman Christensen will be in attendance later. Bakersfield, California, June 27, 1984 - Page lO 4,57 Councilman Childs stated Councilman Christensen will not be back to the meeting this evening. Councilman Moore stated he felt that for way too long non- smoker's rights have been jeopardized. Earlier surveys that indicated that smoking should be handled in the private sector rather than imposed by government. At best there would be difficulty policing enforcement and prosecution of such an ordinance. Whatever is done has to rely on common courtesy and a raised consciousness of all people to make it effective. tie conducted a survey of 24 families in Ward 5 in the last 48 hours and 88% of those polled suggested that this issue not be placed on the ballot. With all of fhat in mind he would now support the motion on the floor. Councilman Rockoff's motion that the measure regarding the smoking issue on was unanimously approved. Councilman Ratty stated he feels smoking is a national health concern, however, he agrees with Councilman Moore that it is not enforceable as far as the work place is concerned and can be handled in the offices. Mayor Shell stated there are real problems where employees must work in an environment with lots of smoke. She suggested that perhaps a neutral party, such as the Lung Association, could assist employees with resolving those types of problems with their employers. Councilman Rockoff stated he feels these problems should be worked out with the employer in the work place. A ~;ood organiza-- tion should be cognizant of the working conditions of their employees and obviously, excessive smoking can be a negative work: condition. Councilman Childs stated he agrees with Councilman Chris- tensen. With his medical background, he has witnessed the affects of smoking and would be open to assist any employee in trying to work out a problem with their employer. Councilman Rockoff, member of the Auditorium and Community Services Committee, read Report No. 10-84 regarding Agreement with the City Council not place the November 6, 1984 ballot, 458 Bakersfield, California, June 27, 1984 - Page Musician's Protective Association for Summer Band Concerts, as follows: At the June 6, 1984 City Council Meeting, the Council approved an agreement with the Musician's Protective Association, Local 263, which pro- vides for seven summer band concerts at Beale Park. A breakdown of costs for these performances is as follows: 38 Performers @ $50.00 = $1,900.00 i Conductor 100.00 1 Manager 100.00 Total Per Concert $2,100.00 The total cost for seven concerts is $14,700, of which the City pays half, or $7,350. This was an increase of $2,720, which is approximately 40% more than the previous year. Last week the Council received the attached letter from the Musician's Union stating that they have had recent financial difficulties and are requesting that the City pay an additional $4,000. If we were to do this, the total cost to the City would be $11,350, and the Union costs would be reduced to $3,350. This committee feels that these concerts are of benefit to the citizens of this community. However, the requested increase is not realistic. We would suggest that the Union pursue other revenue sources such as contributions from those in attendance at the concerts or other philanthropic organizations. We are, therefore, recommending that their request for an additional $4,000 be denied by the City Council. Councilman Moore stated that due to a real or imaginary ccn- flict of interest, he would not participate in the discussion or vote regarding Report No. 9-84 from Auditorium and Community Services Committee regarding Agreement with Musician's Protective Association for Summer Band Concerts. Upon a motion by Councilman Rockoff, Auditorium and Community Services Committee Report No. 10-84 regarding Agreement with Musician's Protective Association for Summer Band Concerts, was accepted; and request for an additional $4,000, was denied. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 17-84 regarding Parking Citiation Process- ing, as follows: Bakersfield, California, June 27, 1984 - Page 12 On March 9, 1984 and March 23, 1984, the City received correspondence from the West Kern Municipal Court, advising of their intent to renegotiate the fees received by the Court for processing the City's parking citations (copies attached). The Court proposed to increase their fee from the current 18% (of the parking fines) to 40%. This Committee noted that West Kern Municipal Court receives $53,000 out of a total $284,000 annually for processing parking citations, based on the current 18% share. Under the new 40% share proposed by the Court, the resulting share for the Court would be $114,000, or a decrease of $61,000 in revenues to the City. This Committee reviewed the alternative of con- tracting for services with a private contractor (Judicial Data Services) and found the following: 1. Contractor fees would be an estimated $54,000 annually, with no start-up fee. Contractor can provide, through computer- ization, an accurate accounting of citations and violations. Due to timely processing, contractor assures a higher rate of timely payment and lower loss factor. 4. Contractor provides total services and does not impact City staff. Contractor specializes and has high level of expertise in parking citation systems. Contractor comes highly recommended by other cities. Also, the possibility of utilizing City staff and computer facilities was explored and determined to be not the most cost-effective method. Therefore, this Committee recommends we notify West Kern Municipal Court of the City's intent to employ a private contractor for citation processing effec- tive September 1, 2984. We further recommend City staff be directed to negotiate a contract with Judicial Data Services to commence on September l, 1984. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 17-84 regarding Parking Citation Processing, was accepted; and staff was directed to notify West Kern Municipal Court of the City's intent to employ a private contractor for cita- tion processing, effective September 1, 1984, and negotiate a con- tract with Judicial Data Services to commence on September 1, 1984. 46O Bakersfield, California, June 27, 1984 - Page ]3 Councilman Ratty, Chairman of the Intergovernmental Relations Committee, read Report No. 3-84 regarding Ballot Initiative Regarding Commissioner Appointments, as follows: The Intergovernmental Relations Committee recently reviewed the Charter provision regarding appoint- ments of Civil Service Board members. Based on this review, we found what appears to be inequities in the appointment and removal of these board members. As an example, the Police and Fire Board Members serve for a period of six years, while Mis- cellaneous Board Members serve for a period of four years. During their term as a Commissioner, they can only be removed from office in the same manner as an elected official even though they were appointed rather than being elected. This means that a City- wide election would have to be called at an expense of thousands of dollars to the taxpayers. It is our contention that these appointees should not serve at the discretion of the City Council, but that they should be more answerable to the public. It appears that the most reasonable way to accomplish this is to reduce their appointments from six and four years to three years. After careful consideration of this matter, the Intergovernmental Relations Committee is recommend- ing Council approval of the attached ballot measure. The following question will then be placed before the electorate in the November 1984 election: Shall Sections (183) (209) (221) of the City Charter be amended to provide that members of the City's Civil Service Boards for Fire, Miscellaneous and Police Departments serve terms of three (3) years rather than six (6) years? If this measure is approved by the electorate, the City Council will within 60 days after ratification reappoint the incumbent members for terms of three, two and one years--the three-year term to be that of the incumbent with the greatest time remaining on the current term, the two-year term to the incumbent with next greatest time remaining on the current term, and the one-year term to be that of the incumbent with the least time remaining. Upon a motion by Councilman Ratty, Intergovernmental Rela- tions Committee Report No. 3-84 regarding Ballot Initiative Regard- ing Commissioner Appointments, was accepted; and the staff was directed to place the ballot measure regarding terms of Fire, Police and Miscellaneous Departments Civil Service Commissioners on the November 6, 1984 ballot. Bakersfield, California, June 27, 1984 Page 14 461 Readoption of Resolution No. 40-84 of the Council of the City of Bakersfield calling a Special Municipal Election for the purpose of submitting to the electors of the City Amendments to the Charter of the City of Bakersfield, and calling a Special Municipal Election for the purpose of filling a vacancy on the Council for the remainder of the unexpired term in Ward 6, and providing for the partial consolidation of said Special Municipal Elections with each other and with the General Election, all to be held on Tuesday, November 6, 1984. Upon a motion by Councilman Barton, Resolution No. 40-84 of the Council of the City of Bakersfield calling a Special Municipal Election for the purpose of submitting to the electors of the City Amendments to the Charter of the City of Bakersfield, and calling a Special Municipal Election for the purpose of filling a vacancy on the Council for the remainder of the unexpired term in Ward 6, and providing for the partial consolidation of said Special Municipal Elections with each other and with the General Election, all to be held on Tuesday, November 6, 1984, was readopted by the following roll call vote: Ayes Noes Councilmen Childs, Moore, Ratty, Rockoff, Barton None Absent: Councilman Christensen Readoption of Resolution No. 41-84 of the Council of the City of Bakersfield request- ing the Board of Supervisors of the CourtLy of Kern to order the consolidation of a Special Municipal Election for the purpose of submitting to the electors of the City Amendments to the Charter of the City of Bakersfield, and calling a Special Municipal Election for the purpose of filling a vacancy on the Council for the remainder of the unexpired term in Ward 6 with the General Election to be held on Tuesday, November' 6, 1984, setting forth the exact form of the Measures to be voted upon at such Special Municipal Elections as the same are to appear on the ballot. Upon a motion by Councilman Barton, Resolution No. 41-84 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the consolidation of a 462 Bakersfield, California, June 27, 1984 Page ]5 Special Municipal Election for the purpose of submitting to the electors of the City Amendments to the Charter of the City of Bakers- field, and calling a Special Municipal Election for the purpose of filling a vacancy on the Council for the remainder of the unexpired term in Ward 6 with the General Election to be held on Tuesday, November 6, 1984, setting forth the exact form of the Measures to be voted upon at such Special Municipal Elections as the same are to appear on the ballot, was readopted by the following roll call vote: Ayes Noes Councilmen Childs, Moore, Ratty, Rockoff, Barton None Absent: Councilman Christensen CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6560 to 6679, inclusive, in the amount of $356,266.59. (b) Claim for Damages from Interinsurance Exchange of the Automobile Club of Southern California, P.O. Box 2447, Bakersfield. (Refer to City Attorney) (c) Claim for Damages :from Kitchen-Boyd Motor Company, 220 Chester Avenue, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Charlie Dodge, 3031 20th Street, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Donald Sherman Stone, 3800 Stine Road, #26, Bakersfield. (Refer to City Attorney) (f) Grant Deed from Tenneco Realty Development Corporation for landscaping and masonry walls as required :for Maintenance Districts, located within the area west of Gosford Road between Stockdale Highway and White Lane. (g) Public Utility Easements from Go]den Empire Development Company as required by the Planning Commission for Parcel Map No. 7347, located at the northwest corner of South "H" Street and William F. Halsey Avenue. (h) Map of Tract No. 4664, Units 1, 2, 3 and 4 and Improvement Agreement with Homestead Land Development Corporation for construction of improvements therein, located on the north side of Panama Lane between South "H" Street and South Union Avenue. Bakersfield, California, June 27, 1984 Page 16 (i) (J) Upon (d), (e), (f), adopted by the Ayes: Noes: Absent: Plans and Specification for construction of the 21st Street Siphon on the Carrier Canal. Plans and Specifications for construction of the 19th Street Parking Lot, between "L" and "M" Streets. a motion by Councilman Rockoff, Items (a), (b), (c), (g), (h), (i) and (j) of the Consent Calendar, were following roll call vote: Councilmen Childs, Moore, Ratty, Rockoff, Barton None Councilman Christensen Councilman Barton stated that since all legal requirements have been met to seek a Special Election in the Sixth Ward, he would like to ask the Council to consider at this time, an interim appoint- ment of Thomas A. Payne, prior Councilman of the Sixth Ward, for that appointment. In answer to a question by Councilman Barton, Thomas A. Payne stated he would be thrilled to serve as Councilman of the Sixth Ward until November, 1984, when a duly elected representative could be elected. Councilman Barton made a motion to consider an interim appointment of a Councilman for the Sixth Ward at this time. This motion was unanimously approved. Approval of Interim Appointment of former Councilman Thomas A. Payne as Counci}man of the Sixth Ward until the election held on November 6, 1984, to fill the vacancy in the Sixth Ward. Councilman Barton nominated Thomas A. Payne to fill the interim appointment as Councilman of the Sixth Ward until the election is held on November 6, 1984. Councilman Moore stated he has received quite, a number of comments regarding the proposed platform change to the functions and authority of the Mayor's O£fice. There seems to be. a general lack of understanding about the proposed change and possible concern 464 Bakersfield, California, June 27, 1984 - Page 17 that as incoming Mayor, while acting in a Council position, it would be inappropriate for the Mayor-Elect to attempt any align- ments, promote structural changes or support any Council actions in this regard until such time as the proposal becomes a valid issue for the citizenry of the community. In response to Councilman Moore's statement and question, Mayor-Elect Payne stated he is going to recommend the formation of a citizen committee to study the Charter relative to the Mayor and Councilmember's positions to increase administrative authority of the llayor's Office or to expand the City Council so that the Mayor has a consistent vote. Ideally, and democratically, there is room for another Ward position in the Southwest and a position concen- trated in the Hispanic Community. There is the possibility, at the rate the City is growing, to have nine Councilmembers with the Mayor being, in essence, one of those w)ting members. He is proposing a citizen committee to study the issue, to see if the City is ready tc consider something like this. It certainly would not be in the for~ of a special election, nor something that would be done in the next few months and probably not for a couple of years. He would not use the Council position to advocate those changes and would not make any recommendations until he is sworn in as Mayor and can evaluate the position with the assistance of Mayor Shell. Councilman Childs stated he would support Councilman Barton's motion and thanked Councilman Moore for bringing up this issue. He also thanked Mayor-Elect Payne for all the assistance he rendered him during his early months back. In answer to a question by on the Council and welcomed him Mayor Shell, City Clerk Anderson stated she thought the new Councilman would take office the first Council meeting after the November Election. City Attorney Oberholzer stated the Charter states the new Councilman takes office when the election results are certified. Bakersfield, California, June 27, 1984 - Page 18 Upon a motion by Councilman Barton, Interim Appointment of former Councilman Thomas A. Payne as Councilman of the Sixth Ward, until the election held on November 6, ]984, to fill the vacancy in the Sixth Ward is certified, was approved by the following roll call vote: Ayes: Councilmen Childs. Moore, Ratty, Rockoff, Barton Noes: None Absent: Councilman Christensen City Clerk Anderson administered the Oath of Office to Thomas A. Payne for an Interim Appointment as Councilman of the Sixth Ward. ACTION ON BIDS Upon a motion by Councilman Childs. bid of Granite Con- struction Company, in the amount of $185,076, for Annual Contract for Asphalt Concrete, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid oF Kern Rock Company, in the amount of $25,885.20, for Annual Contract for Select Road Materials, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, ~ow bid of Kern Battery Manufacturing, in the amount of $8,904.67, for Annual Contract for Automotive Batteries, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, low bids of San Joaquin Supply for 52 items, in the amount of $5,630.36, and Nu-Ease, Inc., for 34 items, in the amount of $4,958.99, for Annual Contract for Janitorial Supplies, were accepted, all other bids rejected and the ~ayor was authorized to execute the contracts. Upon a motion by Councilman Rockoff, usual bidding require- ments were dispensed with, in accordance with Section 3.20.060 of the Municipa~ Code, and the Finance Operations Manager was authorized 466 Bakersfield, California, June 27, 1984 - Page ].9 to negotiate a price with Prime Computer, Inc. , not to exceed the budgeted amount of $6,500.00. DEFERRED BUSINESS for a Prime Printer, Deferral of action on an Ordinance of the Council of the City of Bakersfield amending Section 17.53.051 of the Bakersfield Municipal Code relative to Site Plan Review Policies and Objectives. This ordinance is still under study by the Growth and Development Committee. A meeting was held with developers and interested groups on Tuesday, June 26, 1984, and a Committee recom- mendation will be made at a later date. of of Policies August Ayes Noes Absent: Upon a motion by Councilman Rockoff, action on an Ordinance the Council of the City of Bakersfield amending Section 17.53.05] the Bakersfield Municipal Code relative to Site Plan Review to remove the 10% administrative charge and to rate to 1½% per month on late payments. 30-day billing period does not allow enough time to Therefore, it is being recommended to extend the for commercial and industrial properties to 60 days, increase the interest erties, that a make payment. billing period and Objectives, was deferred until the Council Meeting of 29, 1984, by the following roll call vote Councilmen Childs, Moore, Payne, Ratty Rockoff, Barton None Councilman Christensen Adoption of Ordinance No. 2927 New Series of the Council of the City of Bakersfield amending Sections 14.12.380 and 14.12.390 of the Bakersfield Municipal Code relative to Sewer User Charges and Fees and Payment Requirements. City Attorney Oberholzer stated there has been a slight change in the original ordinance. He has been advised of problems in programing that would make it very complex to keep the 10% admin-. istrative charge and 1% interest rate for commercial and industrial users. It has also become apparent in dealing with commercial prop-- Bakersfield, California, June 27, 1984 - Page 20 Councilman Rockoff should eliminate bill only rive stated he does not feel the City the penalty that makes it worthwhile to pay the and does not feel 18% is too high an interest rate, as it is 1½% per month. He cannot support removing the 10% administra- charge for commercial and industrial properties. After a lengthly discussion, Councilman Moore made a motion to adopt Ordinance No. 2927 New Series of the Council of the City of Bakersfield amending Sections 14.12.380 and 14.12.390 of the Bakers- field Municipal Code relative to Sewer User Charges and Fees and Payment Requirements, with a change from 30 days to 60 days relevant to surcharges for commercial and industrial users. This ordinance was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, None Councilman Moore, Payne, Ratty, Rockoff, Barton Christensen HEARINGS This is the time set for public hearing before the Council an Appeal by Duke and Carlyn Wagner to the decision of the Board Zoning Adjustment granting an application to Channel Exploration O n of Company for a Conditional Use Permit in a M-1-D (Light Manufacturint~ Architectural Design) and M-2 (General Manufacturing) Zones, to allow the drilling and operation of six oil wells with relative equip- ment on that certain property located ],230 feet west and 660 feet east of the southerly extension of Akers Road, extending south to tile Asphalto Branch Railroad. This hearing was duly advertised and the property owners notified as required by law. A letter was received from Mr. Duke Wagner, 4205 Adidas Avenue, dated June 14, 1984, requesting that their appeal be withdrawn. Upon a motion by Councilman Ratty, request of Duke and Carlyn Wagner to withdraw their appeal to the decision of the Board of Zoning Adjustment granting an application to Channel Exploration Company for a Conditional Use Permit in an M-1-D and M-2 Zone to 468 Bakersfield, California, June 27, 1984 - Page 21 allow the drilling and operation of six oil wells with relative equipment on that certain property located 1,230 feet west and 660 feet east of the southerly extension of Akers Road, extending south to the Asphalto Branch Railroad, was approved by the following[ roll call vote: Ayes Councilmen Childs, Moore, Payne, Batty, Rockoff, Barton Noes None Absent: Councilman Christensen This is the time sef for public on an Appeal by Mrs. Paul Azparren to the Zoning Adjustment granting an application by Larry and Cher Vanscoy to permit a ten-foot high fence where the maximum allowable height is six feet and to allow the reduction of the required five-foot side yard setback to one foot eight inches in an R-1 (One Family Dwelling) Zone on fhat certain property located at 144 E1Cerrito Drive. This hearing was duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public participa- tion. Mr. Andrew B. Haut, Attorney at Law, ]]2 Truxtun Avenue, representing Mr. and Mrs. Paul Azparren stated problems associated with the fence are: a lack of ventilation in the very small back- yard; the nonattractive appearance of the fence from the Azparren side; construction of the fence, which is questionable as it is .just nailed to the existing fence; and, the illegal construction of the garage and its' proximity to the property line. He also men- tioned what he considers total disregard for the law shown by Hr. Vanscoy after being notified of the problems w~th the fence. The primary objective is to have the modification denied. In the event the modification is granted, it is requested the three existing con- ditions placed on the modification by the Board of Zoning Adjustment be retained, plus additional conditions as follows: (1) The fence hearing before the Council decision of the Board of for a Modification requested Bakersfield, California, June 27, 1984 - Page 22 4 be more conventionally constructed to allow ventilation. (2) The fence be finished in some manner less unsightly. (3) The height of the fence be lowered to something less than ten feet proposed in the modification and that it be sum'.orted independently of the exist- ing fence without utilizing nails that protrude on the other side. Mr. Larry Vanscoy stated that in the paperwork associated with this complaint he keeps seeing reference to a ten-foot fence. He stated that at no point in his backyard does his fence exceed six feet. He feels the problems are a result of the natural grade in the neighborhood. He presented a petit[on of signatures of neighbors in the immediate area that indicated they did not object to the fence nor the breezeway that was enclosed. The breezeway that was enclosed was in existence when he purchased the house four years ago. The roof, wall next to the neighbor, and sidewall that is closest to hi;~ neighbor's property were previously constructed and the only work he performed was enclosing both ends of the breezeway. It should be noted, the Azparren's garage ]s three feet and eight inches from the fence, which is less than five feet. In answer to a question by Councilman Moore, Public Works Director Hawley stated the Board of Zoning Adjustment was not con- cerned about the exact location of the fence, the testimony that was received was that it was a joint ownership fence and the drawing submitted showed a fence very close to the property line. As far as the difference in elevation, the staff report shows a ten-foot height in order to assure that action taken would cover whatever height it was. The Board of Zoning Adjustment felt there were two ~ssues. The first issue is the height of the fence. Is the fence more than six feet high? From the Vanscoy close to six foot. If it is more than six plish to cut off a few inches from the top view point, it is very foot, what would it accom- of the fence.? The Board of Zoning Adjustment felt it would not gain anything te lower the fence a few inches. If the renee was lowered to six f~et from the Azparren's side, then it would mean a person could look over the 470 Bakersfield, California, June 27, 1984 - Page 23 fence from the Vanscoy's side of the fence which would not be desir- able. The second issue is the side-yard encroachment. This did not seem to be a major problem before the Board of Zoning Adjustment. In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated that when there is a fence on the property line, it is a joint fence between property owners. Normally, they agree and the City does not hear much about it. or just on the other side of the property line, the fence can be six feet and there If the fence is one inch line on the upper property is no question about it. He believes that even if the fence is on the property line itself, the height would be measured from the property line on the top prop- erty. There are situations in the City where, because of the slope, there might be a two-foot fence or no fence allowed at all because the slope is so great. Ultimately, if the court were to decide this, they would look at the reason for a fence one of which is privacy. You cannot achieve that privacy if you measure the height from the lower piece of property. He believes this viewpoint is consistent with fences and walls all over the city where there is sloping land. In answer to a question by Mayor Shell, Mr. Vanscoy stated he had made several offers to improve the appearance of the Azparren's side of the fence at his own expense. Mr. Kenneth May stated he lives 150 yards from the property concerned and has had a number of years in the planning field. He read from "The Proper Use of a Variance" by Gordon Whitnall, American Institute of Planners in Los Angeles. He feels the City Council performs several roles and responsibilities in this issue, legislative, administrative and quasi-judicial. It is the Council's responsibility to see that the laws of the City are upheld, and maintained. Mr. Ken Grog, 133 E1Cerrito, stated that if a variance is granted in this dispute, he believes Mr. Azparren's property should be given the greatest consideration by the Council, as his is the most affected. The two parties should be able to get together and agree on something that is attractive and mutually agreeable. Bakersfield, California, June 27, 1984 - Page 24 a-71 Mrs. Cher Vanscoy stated that it is their desire to alieviate these problems for once and for all. She stated they are tired of the problem and would do anything at th~s point, even to tearing the fence down and having a neutral party build a fence exactly to specifications. They wish to resolve this problem amicably. Mr. Azparren stated his yard is flooded at times and has an odor from the runoff from Mr. Vanscoy's property. No further protests or objections being received and no one else wishing to speak ~n favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Councilman Barton suggested to the Council that any action on this issue be delayed for three weeks to allow time for both parties to try to work out the problem. After a very lengthly discussion, upon a motion by Council- man Moore, decision of the Board of Zoning Adjustment was upheld an~ Hodification requested by Larry and Chef Vanscoy to permit a ten-fo,~t high fence where the maximum allowahle height is six feet and to allow the reduction of the required five-foot side-yard setback to one foot eight inches in an R-1 (One Family Dwelling) Zone, with th,~ condition the fence be attractively finished on both sides and the new fence be supported independently of the existing fence, on that certain property located at following roll call vote: Councilmen Childs, Ayes Noes Absent: 144 E1Cerrito Drive, was granted by the ~oore, Ratty Councilmen Rockoff, Barton Councilmen Christensen, Payne This is the time set for public hearing before the Council for the purpose of hearing any person desiring to be heard on the matter of the approval by the City Council of the proposed Revised Housing Element of the Bakersfield Metropolitan Area General Plan and proposed Negative Declaration. This hearing was duly advertised. 472 Bakersfield, California, June 27, 1984 - Page 25 The Planning Commission approved the proposed Revised Housing Element of the Bakersfield Metropolitan Area General Plan and the proposed Negative Declaration at its regular meeting held on June 7, 1984. Mayor Shell declared the hearing open for public partici- pation. 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. 42-84 of the Council of the City of Bakersfield making findings, adopting a Negative Declaration, approving and adopting an Amendment to the Housing Element of the Bakersfield Metropolitan Area General Plan, was adopted by the following roll call Ayes: Councilmen Moore, Payne, Noes: None Absent: Councilman Christensen Abstaining: Councilman Childs vote: Ratty, Rockoff, Barton Councilman Childs stated he abstained from voting on the proposed Revised Housing Element of' the Bakersfield Metropolitan Area General Plan and proposed Negative Declaration because he did not have sufficient time to review the document. NEW BUSINESS First reading of an Ordinance 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 property in the City of Bakersfield commonly known as 429 "A" Street. The application for this amendment was made by Edith Gibson for Harry A. Dudley, III, and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling), or more restrictive Zone. The Planning Commission recommended approval of this amend- ment. Bakersfield, California, June 27, 1984 Page 26 First reading was considered given an Ordinance 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 property in the City of Bakersfield commonly known as 429 "A" Street. that is public auction. The reported fair market value of Delano has requested to purchase the chipper Bakersfield for $900.00 Upon a motion by Councilman Rockoff, granted to sell a Brush Chipper to the City of Delano Approval of Plans and Specifications for Traffic Signal Modifications at the intersection of Union Avenue and Planz Road. Authorization granted to sell a Brush Chipper to the City of Delano for $900.00 The City o1' Bakersfield has a 1969 Model Brush Chipper no longer used by the Parks Division and plans to sell at a is $900.00. The City from the City of authorization was for $900.00. This work was not budgeted in the current fiscal year, but a recent development at the southeast corner of the intersection requires the signal modification due to the widening of Planz Road. The estimated cost of the work is $20,000. Sufficient funds are available from savings in a completed signal project. Upon a motion by Councilman Barton, Plans and Specifications for Traffic Signal Modifications at the intersection of Union Avenue and Planz Road, were approved and authorization granted to use funds from savings on a completed signal project, Account No. 58-77500-292. Approval of Proposed Negative Declaration for Proposed Canal Culvert and Street Improvements at 34th Street and the East- side Canal. This action is required by the California Environmental Quality Act (CEQA). The proposed action has been advertised locally for written comments. The review pe, riod for the Proposed Negative Declaration ended June 25, 1984. 474 Bakersfield, California, June 27, 1984 - Page 27 Upon a motion by Councilman Rockoff, Proposed Negative Declaration for Canal Culvert and Street Improvements at 34th Street and the Eastside Canal, was Ayes Noes None Absent: Councilmen Childs, approved by the following roll call vote: Moore, Payne, Ratty, Rockoff, Barton Councilman Christensen Approval of Proposed Negative Dec- laration for the proposed formation of Maintenance Distr~ct No. 9 and associated park development for the area located south of Stockdale Highway to the Cross Valley Canal, west of South Jenkins Road to Renfro Road. This action is required by the California Environmental (CEQA). comment. The ended June 25, Quality Act for written Declaration Upon a motion by Councilman Ratty, The proposed action has been advertised locally review poriod 1984. for the proposed Negative Proposed Negative for the proposed formation of Maintenance District No. ~' development for the area located south of Stock- Cross Valley Canal, west of South Jenkins Road Road, was approved by the following roll call vote: Councilmen Childs, Moore, Payne, Ratty, Rockoff, Barton None Councilman Christensen Approval of request from Ad-Art, Inc., to install a sign, 61 feet 2 inches in height, for Union Oil Company at 2518 White Lane. Signs exceeding 50 feet in height require approval of the City Council. The proposed sign will be installed on an existing support system and will be 61 feet 2 inches in height. The area of the proposed sign is approximately 130 square Declaration and associated park dale Highway to the to Ren fro Ayes: Noes: Absent: less than the 240 square feet allowed by signs ~n the immediate area of this 50 feet in height. feet, which is considerably ordinance. There are several way interchange that exceed Bakersfield, California, June 27, 1984 - Page 28 475 Upon a motion by Councilman Ratty, request from Ad-Art, Inc., to install a sign, 61 feet 2 inches in height, for Union Oil Company at 2518 White Lane, was approved by the following roll call vote Ayes Noes Absent: Councilmen Childs. Moore, Payne, Ratty, Rockoff, Barton None Councilman Christensen Authorization granted to submit the Rental Rehabilitation Application to the Department of Housing and Urban Development (H.U.D.), including a Memorandum of Understanding between the City of Bakersfield and the Kern County Housing Authority. The Rental Rehabilitation Program Description has been prepared for submission to the Department of Housing and Urban Develop- ment. The program provides grant funds to help support the rehabili- tation of rental properties that are occupied by low and moderate income families. The City of Bakersfield has been allocated $87,400 of grant funds for this purpose. The Rehabilitation Program will promote safe and decent housing for lower income persons and is designed to utilize Section 8 Certificates and/or Vouchers to maintain affordability of the unlts to our target population. The rental assistance portion of the program must occur in conjunction with the Kern County Houslng Authority. A Memorandum of Undersl. anding between the City and the Kern County Housing Authority is also required as part of the program description package to be submitted to H.U.D. Upon a motion by Councilman Childs, authorization was granted to submit the Rental Rehabilitation Application to the Depart- ment of Housing and Urban Development (H.U.D.) and the Mayor was authorized to execute the Memorandum of City of Bakersfield and the Kern County following roll call vote: Ayes Councilmen Childs, Noes None Absent: Councilman Christensen Understanding between the Housing Authority, by the Moore, Payne, Ratty, Rockoff, Barton 476 Bakersfield, California, June 27, 1984 - Page 29 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Moore, the meeting was adjourned at 11:05 P.M. MAYOR of th~ City of Bakersfield, Calif ATTEST: L~E~RK and Ex Officio Clerk of the Council of the Oity of Bakersfield, California ma/cw