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HomeMy WebLinkAboutJULY - SEPT 1984Bakersfield, California, July 18, 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., July 18, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Councilman Moore. Present: Absent: June 20, as presented. Mayor Shell welcomed }~r. George Caravalho, to the City of Bakersfield. The City Clerk called the roll as follows: Mayor Shell. Councilmen Christensen, Moore, Payne, Ratty, RockoFf, Barton, Childs None l~inutes of Special Joint Meeting and Regular Meeting of 1984, and Regular Meeting of June 27, 1984, were approved new City Manager City Manager George Caravalho, expressed his pleasure to be in the City of Bakersfield and indicated he and his wife look forward to working and enjoying the community. CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from the League of California Cities, dated June 13, 1984, regarding the designation of a voting delegate and alternate for the League of California Cities Annual Conference to be held in Anaheim, California from September 23 through 26, 1984, was received and Councilman Barton was appointed as the voting delegate. Upon a motion by Councilman Christensen, Councilman Rock- off was appointed as the alternate voting delegate. Upon a motion by Councilman Rockoff, communication from Charles G. Waide, Assistant General Manager, Kern County Public Employees Association, 1001 Seventeenth Street, Suite A, dated June 27, 1984, regarding Public Employees Arts and Crafts Fair and a request to waive the required business license for each participant or granting of special umbrella business license in the name of the organization, was received and referred to the Budget and Finance Committee. Bakersfield, California, July 18, 1984 Page 12 Upon a motion by Councilman Moore, Cornerstone Engineering, Inc., 159 "H" Street, withdrawing their request to referred to Planning Staff. communication from dated July 5, 1984, close Bank Street, was received and Upon a motion by Councilman Childs, communication from Tenneco Realty Development Corporation, P.O. Box 9380, dated July 6, 1984, requesting a General Plan Amendment for commercial use of 46 acres and office space use of 51 acres located on the southeast corner of Stockdale Highway and Buena Vista Road and east of Buena Vista Road, approximately one mile south of Stockdale ttighway north-- east of the proposed intersection of Ming Avenue and Buena Vista Road, was received and referred to Planning Commission. Upon a motion by Councilman Ratty, petitions from resi- dents along the 300 and 400 block ol! 17th Street, requesting a General Plan Amendment on property located on 17th Street between "S" and "V" Streets to High Density Residential, was received and referred to the Planning Commission for study and recon~endation. Upon a motion by Councilman Ratty, communication from Tenneco Realty Development Corporation, P.O. Box 9380, dated July 1[[, 1984, requesting annexation of' a triangular piece of property bounded on the east by Buena Vista Road, on the north by the southerly boundary of the Kern River and on the southwest by an imaginary line that goes from the southern end of the Kern River Bridl:e to a point on Buena Vista Road, 750 feet south of Stockdale Highway, was received and referred to the Planning Commission. Upon a motion by Councilman Payne, communication from Richard S. Burright, Control Electric, Inc., Superior Farming Company, California Water Service, and T.G.&T. Investments, request- ing annexation of property generally located south of Stockdale Highway, north of Belle Terrace between South Real Road and Highway 99, was received and referred to Planning Department. Bakersfield, California, July 18, 1984 - Page 3 !79 Upon a motion by Councilman Ratty, communication from the Downtown Business Association, 1527 19th Street, Sl~ite 204, dated July 16, 1984, in conjunction with the Kern County Farmers Harket Association, is requesting a change in location for the weekly Farmers Market Produce Sale, was received and referred to the Budget and Finance Committee. Upon a motion by Councilman Barton, communication from the Downtown Business Association, 1527 19th Street, Suite 204, dated July 17, 1984, submitting documents and requesting a meeting with the Growth and Development Committee for approval of the 1984-85 Downtown Improvement District Budget, was received and referred to Growth and Development Committee. COUNCIL STATEMENTS Upon a motion by Councilman Barton, Councilman Payne was reappointed to the Legislative and Governmental and Efficiency and Personnel Committees. Upon a motion by Councilman Barton, the Kern River Plan Element - June 1984, was referred to the Water Board for review and~ because of possible conflicts with the Kern River Water and Land Use Policies of the City of Bakersfield, all recommendations to come back to the Council. Councilman Christensen thanked everyone for their best wishes during his recent i~lness. He also expressed great dismay at the Council's actions at the meeting of June 27, 1984, to reverse their earlier decision to place the Work Place Smoking Guidelines on the ballot. Mayor Shell read a letter from Reverend Monsignor Maurice Lahey, Pastor of Saint Franc~s Church, expressing gratitude on behalf of the people of Saint Francis Parish, to the Bakersfield Fire Depart- ment for the super job in saving their church on July 4, 1984. 450 Bakersfield, California, July 18, 1984 - Page 4 REPORTS Councilman Rockoff, Chairman of Budget and Finance Committee, read Report No. 18-84 regarding Inducement Resolution Request by The Penstar Group, as follows: Recently, the City Council received a request from The Penstar Group for a resolution of inducement to allow the issuance of revenue bonds to finance the acquisition, construction and improvement of a nursing home facility. The Council referred the matter to the Budget and Finance Committee for study and recommendation. This committee met with members of the City Staff and officials from The Penstar Group. We noted The Penstar Group is requesting an inducement resolution to issue approximately $5,000,000 Charter City Bonds. The Penstar officials indicated their project will consist of a 160-bed skilled nursing facility to be known as Citrus Heights Convalescent Hospital. This facility will achieve a substantial reduction of the deficiency of skilled nursing beds within the Bakersfield area, consequent][y, serving an important public purpose. Further, the Committee noted this Facility will create approximately 100 new jobs. Additionally, we noted it will be necessary ]!or the City to incur administrative expenses for such items as reviewing legal documents, etc. The City shall receive a fee in connection with the project in an amount acceptable to the City to offset any cost the City will incur. This Committee recommends the City Council approve the attached resolution of inducement:. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 18-84 regardin~ Inducement Resolution Request by The Penstar Group, was accepted. In answer to a question by Councilman Childs, Councilman Rockoff stated he had spoke with the Managers of Hilltop and Colonial Convalescent Hospitals, and while they were not overwe~mingly in support of this facility, they were not negative either'. Information he has received indicates that even after this 160-bed facility is operational, there is still anticipated a 270-bed deficiency through 1987. Councilman Childs stated there is currently a 27-bed deficiency and he would like to know what the impact of this facility Bakersfield, California, July 18, 1984 - Page 5 Ayes: Noes: Abstaining: Absent: will have on the existing convalescent hospitals in the City and whether Penstar has been before the State Agency for approval. Councilman Payne stated he attended hearings held by the State Hospital Board here in Bakersfield and spoke on behalf of Penstar after hearing two and one-half hours of input from other people in this industry and the community. The 27-bed availability factor was the issue, however, that is a monthly average at the facility and not a bed availability at any given time. It was his understanding that it is a two-year process from the time the Board renders a decision until the time someone is in a position to commence construc- tion. The issues that Councilman Childs has brought up were discus;~ed in detail at the hearings and the State Board did approve Penstar's request with a vote o£ 7-0. There are people on the State Hospital Board from the Bakersfield area. Adoption of Resolution No. 43-84 of intention of the Council of the City of Bakersfield relating to The Califor- nian Convalescent Hospital Project. Upon a motion by Councilman Rockoff, Resolution No. 43-84 of intention of the Council of the City of Bakersfield relating to The Californian Convalescent Hospital Project, was adopted by the following roll call vote: Councilmen Moore, Payne, Ratty, Rockoff, Barton Councilman Childs Councilman Christensen None CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6680 to 7054, inclusive, in the amount of $1,513,672.90; and Claims Nos. 1 to 41, inclusive, in the amount of $63,963.37. (b) Claim for Indemnity from County of Kern, c/o Borton, Petrini & Conron, P.O. Box 2026, Bakers- field. (Refer to City Attorney) (c) Claim for Personal Injuries from Mary H. Watkins, 131 - 8th Street, Bakersfield. (Refer to City Attorney) (d) Clafm for Damages from Gwynetta A. McCullough, c/o Ure and Shupe, 333 Civic Center Drive West, Santa Ana, Los Angeles, 92701. (Refer to City Attorney) 482 Bakersfield, California~ July ]8, 1984 - Page 6 (e) (f) (g) (h) (i) Applications for Leave to Present Late Claim for Personal Injuries from Laura Norman, c/o Attorney Michael J. Webb, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Sheryl Sue Anderson, 8801 McKinnon, Bakersfield. (Refer to City Attorney) Claim for Damages from Aruora, Maria, Elia, Noemi, Manuel, Rosa Mirella, Sandra Luz, Ramon, Aselida and Leonel Del Toro, c/o James L. Faulkner, 1308 Chester Avenue. (Refer to City Attorney) Map of Tract No. 4690 and Improvement Agree- ment with 7330 Stockdale Highway Ltd., [or construction of improvements therein, located on the north side of Stockdale ttigh- way west of E1 Rio Drive. Map of Tract Nos. 4696, 4699, 4717 and 4720 and Improvement Agreements with Tenneco Realty Development Corporation, for construc- tion of improvements therein, located in the area between Gosford Road and Old River Road, East and West and Ming Avenue and White Lane, North and South. (j) Notices of Completion and Acceptance of Work on[ Traffic Signal Mohawk Street, Tenneco Realty System on Truxtun Avenue at Contract No. 83-108, with Development Corporation. Truxtun Avenue Improvements, "L" Street and East 19th Street, Contract No. 84-67, with Granite Construction Company. Drainage Improvements on South Real Road, Reeder Avenue to Kennedy Avenue, Hughes Lane at Westhaven Avenue, Contract No. 83-87, with Credence Construction. Tract No. 4591, Contract No. 83-38, with Colbec Development Corporation, located at Pacheco Road and Akers Road. Tract No. 4603, Contract No. 83-95, with Homestead Land Development Corporation, located at Fairview Road and Walton Avenue. Tract No. 4607, Contract No. 83-149, with Covington Technologies, Iocated at South "H" Street and O'Neill Avenue. Tract No. 4608~ Contract No. 83-105, with Tenneco Realty Development Corporation, located at Old River Road and Ridge Oak Drlve. Bakersfield, California, July 18, 1984 - Page 7 (k) (1) (m) (n) (o) (p) (q) (r) (s) Application for Encroachment Permit from Passive Investors, 83 East Shaw, Suite 25, Fresno, for a roof overhang and a flush planter area extending four feet into the street right-of-way at the back of side- walk at 1227 Chester Avenue. Application for Encroachment Permit froin Steve and Ginger Russell, 3001 Fairfax Road, Bakersfield, for constrnction of a 6 foot high wood and stucco fence on a 3 1/2 foot high masonry block and stucco retaining wall at the back of the side- walk along High]and Oaks Street at 3001 Fairfax Road. Application for Encroachment Permit from Getty Refining and Marketing Company, P.O. Box 1476, Bakersfield, for construe- tion of a temporary pipeline to be located along City owned property adjacent to the Kern River between the Getty-Mohawk StaTion at 24th and Oak Streets and the Carrier Canal. The proposed project was reviewed by the City Departmentof Water Resources. Application for Encroachment Permit from W. J. Bolich, 3100 Fairview Road, Bakers- field for approval to locate a private gas line approximately 3 feet in the street right-of-way. Application for Encroachment Permit from Engelien/Tuculet Partnership, 1321 Stine ~oad, Bakersfield, for construction of a 1 1/2 foot high landscape retaining wall along the back of the sidewalk at 4130 Ardmore Avenue. Plans and Specifications for resurfacing portions of Planz Road between South Chester Avenue and Union Avenue. Plans and Specifications for the Construc- tion of Canal Culvert and Street Improve- ments at 34th Street and the East Side Canal. Plans and Specifications for construc- tion of a Reinforced Concrete Box Culvert on Sacramento Street at East Side Canal. Request for Approved Leave Without Pay for Police Office Michael Vest. Mr. Vest is presently on a 30-day Leave of Absence Without Pay, which terminated July 4, 1984. He is requesting an additional 30-day Leave while awaiting a hearing relative to his medical status, which is scheduled for July 31, 1984. This leave will carry him through August 2, 19S4. Recommend approval of up to 30 days, exact amount to be determined by examining physicians. 484 Bakersfield, California, July 18, 1984 - Page 8 Upon a motion by Councilman Rockoff, Items (a), (b), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (r) and (s) of the Consent Calendar were adopted by the (c), (d), (P), (q), following roll call vote: Ayes: Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Barton, Childs Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Moore, low bid of Sunset International, in the amount of $132,830.35, for Catch Basin/Sewer Cleaner Truck, was accepted and all other bids rejected. Upon a motion by Councilman Ratty, low bid of Tumblin Company, in the amount of $417,720.00, for Construction of bridges on Coffee Road at Kern River Canal and Arvin-Edison Canal, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, bid for construc-- tion of Street Improvements on East Brundage Lane from Quantico Avenue Westerly, approved by the Council on June 6, 19S4, was rescinded. Due to a problem in the bidding procedure, this contract has not been finalized, therefore, the Public Works Department recommended that the award be rescinded. The item will be resubmit-- ted for award at the August 1, 1984 Council Meeting. Upon a motion by Councilman Childs, bid for construction of an extension of the Quantico Avenue Storm Drain between East Brundage Lane and Freeway 58~ approved by the Council on June 6, 19S4, was rescinded. Due to a problem in the bidding procedure, this contract has not been finalized, therefore, the Public Works Depart- ment recommended that the award be rescinded. The item will be resubmitted for award at the August 1, 19S4 Council Meeting. Bakersfield, California, July 18, 1984 - Page 9 DEFERRED BUSINESS Adoption of Ordinance No. 2928 New Series 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. Upon a motion by Councilman Childs, Ordinance No. 2928 New Series amending Sections 8.26.060 and 12.56.240 of the Bakers- field Municipal Code relative to Sale of Food and Beverage in or in Vicinity of Public Parks, was adopted by the following roll call vote: Ayes Noes Absent: Councilmen None None Christensen, Moore, Payne, Ratty, Rockoff, Barton Childs Adoption of Ordinance No. 2929 New Series of the Council of the City of Bakersfield amending Title Seven- teen 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 the 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 amendment. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2929 New Series of the Council of the City of Bakers- field 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 427 "A" Street, finding said zoning con- sistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Barton, Childs Noes: None Absent: None 486 Bakersfield, California, July 18, 1984 - Page 10 Adoption of Zoning Resolution No. 316 of the Council of the City of Bakers- field denying the appeal of Junalta and Paul Azparren from the decision of the Board of Zoning Adjustment approv- ing a Modification requested by Larry and Cher Vanscoy to permit a 10 foot high fence and to allow the reduction of the required five foot side yard setback on that certain property commonly known as 144 E1 Cerrito Drive. This resolution sets forth the decision of the Council following the appeal hearing on this matter held June 27, 1984. Upon a motion by Councilman Payne, Zoning Resolution No. 316 of the Council of' the City of Bakersfield denying the appeal of Juanira and Paul Azparren from the decision of the Board of Zoning Adjustment approving a Modification requested by Larry and Cher Vanscoy to permit a 10 foot high fence and to allow the reduction of the required five foot side yard setback on that certain property commonly known as 144 E1Cerrito Drive, was adopted by the follow- ing roll call vote: Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Barton, Childs None None Ayes Noes Absent: for tory designated as "Buena Vista No. City of Bakersfield. This hearing has been duly HEARINGS This is the time set for public hearing be:fore the Council[ hearing protests by persons owning real property within terri- 1," propsed to be annexed to the advertised, posted, and the property owners, all affected City, County or Districts; and LAFCO Executive Director have been notified as required by law. This is an uninhabited annexation containing S0+ acres and is located at the southeast corner of Buena Vista Road and White Lane (Fraser Road). Mayor Shell declared the hearing open for public participa- tion. No protests or objections bein~ received, and no one wishing to speak in favor, the public portion of the hearing was c]osed for Council deliberation and action. Bakersfield, Cali£ornia, July 18, 1984 - Page ll Upon a motion by Councilman Ratty, Resolution No. 44-84 of the Council of the City of Bakersfield making findings that a majority protest has not been made and ordering the territory desig- nated as Proceeding No. 824, Annexation No. 289 (Buena Vista No. 1), annexed to the City of Bakersfie]d, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Barton, Childs Noes: None Absent: None This is the time set on an Appeal by Glenna G. and George Wright Quick to the decision of the Planning Commission denying their application to change the zoning boundaries from an R-4 (Multiple Family Dwelling) Zone to a C-O (Commercial and Professional Ofl'ice) or more restrictive Zone, affecting that certain property in the City of Bakersfield commonly known as 409-17th Street. This hearing has been duly advertised and the property owners notified as required by law. The Planning Commission recommended denial of requested zone change. Mayor Shell declared the hearing open for public partici- pation. Mr. George Wright Quick, ]430 Truxtun Avenue, presented the Council with Petitions supporting a requested zone change from R-4 to C-O for property located at 409-17th Street. Mr. Quick outlined the location of his property on a map for the Council and explained his intention to move his law practice to this location. The house has been renovated and an attempt made to return the house to the style of home it was when it was built in 1940. His law practice is a collection practice, in which most of his work is per-. formed through the mail and not with clients coming to his office. He is not a land developer and does not understand the opposition for public hearing before the Council 488 Bakersfield, Califopnia, July 18, 1984 - Page to moving his law practice law practices located in informed it was a policy located in houses. to this Mr. of the City location. There are several his property. He was never that businesses could not be Mr. Rudy Agabasian, owner of the property 250 feet behind Quick's property stated he is supportive of Mr. Quick's project. The project is consistent with the Redevelopment Agency Plan for this area. Mr. James R. to reside and practice he feels Mr. Quick is a good lawyer, an a good neighbor. He also feels this is should be allowed in this area. Hulsey, 412 Truxtun Avenue, stated he chose law in Bakersfield rather than a large city honorable man and would be the type of office that Mr. Bud Frye stated he would like to verify some of the statements made by Mr. Quick. He has visited Mr. Quick's law office on numerous occasions and there is not a lot of traffic: in and out of the office. The house on 17th St. peet has been renovated and is beautiful. He would like to see Mr. Quick be able to move his office to that location. Mr. Delbert Wong spoke on behalf of his mother, Mrs. Alice Wong, who is 83 years old. She has been a resident of Bakers-- field since 1921. She joins with her neighbors in asking the Council to uphold the decision of the Planning Conm~ission. At issue is the proposed disruption of a peaceful neighborhood on 17th Street between "S" and "V" Streets, which is now 100% residential. There are 22 homes and the First portion of 17th Street. Most of there for many years, are senior Christian Church located on that the residents have been living citizens and of Chinese descent. The residents do not want any commercial development in this area. An amended petition has been filed to change the Land Use Element of the Bakersfield General Plan on ]7th Street between "S" and Streets to High Density Residential (R-4). Bakersfield, California, July 18, 1984 - Page 13 489 Reverend Shelton, Minister of the First Christian Church, stated that Mr. James Waterman was Chairman of the Board of the First Christian Church, which also makes him the Chairman of the Congrega- tion, at the time of his signing the petition. Mr. Waterman is not now the Chairman. No further protests or objections being received and no one else wishing to speak in faw~r, Mayor Shell closed the public portion of the hearing for Council deliberation and action. In answer to questions by Councilman Rockoff, Planning Director Seales stated the south side of 17th Street, in this area, is designated as Office and the north is designated as Commercial in the Bakersfield General Plan. The property in question is on the south side and therefore, would be designated as O£fice in the General Plan. The State Law requires that zoning be consisten~ with the General Plan. In 1946, which was 20 years prior to the General Plan this property was zoned R-4. In 1961, when the first General Plan for the City and County was adopted~ there was a small area about the size of the area represented by the petition submitted tonight, asking for that area to remain High Density Residential. In 1973, that area was changed along with several hundred other areas. Indi- vidual property owners were not notified at that time because of the large number. Notice was published in the Bakersfield Californian. Councilman Ratty stated he would be very supportive of the home owners, if this project was going to be disruptive to their He does not believe Mr. Quick's project will be dis- neighborhood. ruptive. In answer to questions by Councilman Payne, Mr. Quick stated he has owned the property since late Marc~, 1984~ and filed for the zone change in late April, ]984. The house has been refur- bished and the yard landscaped. It was his understanding from the Planning Department when he applied, that there were no Conditional Use Permits to allow this type of use in an R-4 Zone. 490 Bakersfield, California, July 18, 1984 - Page 14 In answer to a question by Councilman Payne, City Attorney Oberholzer stated the way the Ordinance is written, Con- d~tional Use Permits may be issued for any use in any zone. A Conditional Use Permit is a permit issued with conditions. There may be conditions that the permit is only for specific uses, or for a specific number of years. He indicated that for Mr. Quick to obtain a Conditional Use Permit he would have to go back to the Planning Department with a public hearing before the Board of Zoninl~ Adjustment. The Council could not direct the Board of Zoning Adjust- ment to issue a Conditional Use Permit. The situation is that there is zoning inconsistent with the General Plan, and one or the other should be changed. In answer to a question by Councilman Christensen, Plan- ning Director Sceales stated the residents on 17th Street submitted a Petition to the City Council requesting the General Plan be changed to Low Density Residential, R-1 Zoning. Those residents have since submitted an additional Petition asking for a change to High Density Residential, which would be consistent with the R-4. In answer to a question by Mayor Shell, Planning Director Sceales indicated lhat he believed Mr. Quick was going to meet the off-street parking requirements by providing parking off the alley at the rear of the property. In answer to a question by Councilman Moore, Planning Director Sceales stated there are areas, including the area being discussed tonight, within the Redevelopment Element of the General Plan that are designated for Commercial/Residential mix. The latest petition by the residents for High Density Residential, R-4 would be considered consistent with the Redevelopment Plan, since it is a mixed residential/commercial. There is the possible problem that there would be people living within that designated area, not only 17th Street, but some of the other Planning Commission and Council on piece of property evaluated on its areas, having to come before the a one-by-one basis to have each own merits, whether some of these Bakersfield, California, July 18, 1984 - Page 15 areas that are currently residential will be in fact changed to office or commercial. There will have to be some changes, at a later date, to the Land Use Element to be consistent with the pro- posed Redevelopment Plan. After a very lengthly discussion, Councilman Ratty made a motion to overturn the decision of the Planning Commission and uphold the appeal brought by George Wright Quick to change the zon- ing boundaries from an R-4 (Multiple Family Dwelling)Zone to a C-O (Commercial and Professional Office) or more restricti've Zone, affect- ing that certain property in the as 409-17th Street. This motion roll call vote: Ayes Noes Abstaining: Absent: City of Bakersfield commonly known failed to pass by the following Councilmen Ratty, Rockoff, Childs Councilmen Moore, Payne, Barton, Mayor Shell Councilman Christensen None Pursuant to Section ]4 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. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.60.260(g)(2) of the Bakersfield Municipal Code relating to removal of nonconforming signs. The existing sign ordinance requires removal of certain signs by September l, 1984. The sign ordinance is in a process of revision which will effect abatement dates and establish additional requirements for removal of certain signs. This ordinance will extend the abatement date, for certain signs until September l, 1985 and will provide ample time for the revision, review, public hearings and adoption of the revised ordin-. ance. 492 Bakersfield, California, July 18, 1984 - Page 16 First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.60.260(g)(2) of the Bakersfield Municipal Code relating to removal of ing signs. nonconform- Noes: None Absent: None Adoption of Resolution No. 46-84 of the Council of the City of Bakersfield approving the entry into and author- izing the signing of contracts with the State Personnel Board for the per- formance of Technical Personnel Services:. Adoption of Resolution No. 45-84 of the Council of the City of Bakers- field ordering changes and modifica- tions to work with no increase in the total amount of the assessment, City of Bakersfield Assessment District No. 82-1, Stockdale Sewer Trunkline (Resolution of Intention No. 955). This resolution will approve additional work in the Stock.- dale Trunkline Sewer System Construction Project that was performed on an emergency basis by Tenneco Realty Development Corporation (Tenneco), after the April 20, 1983, confirmation of the assessment [or the referenced District No. 82-1. The resolution also author- izes a $114,400 payment to Tenneco, as partial reimbursement of their costs to complete this additional work. A detailed summary of the additional work is provided in the Project Status Summary. The requested payment, if authorized, would be made from unallocated project funds on deposit in the project account; no City funds would be used. Staff has reviewed this request for partial reimbursement of costs for additional project work and recommends Council approval[. Upon a motion by Councilman Ratty, Resolution No. 45-84 of the Council oF the City of Bakersfield ordering changes and mod- ifications to work with no increase in the total amount: of the assessment, City of BakersField Assessment District No. 82-1, Stock-- dale Sewer Trunkline (Resolution of Intention No. 955), was adopted by the following roll call vote: Ayes: Councilmen Christensen, M~ore, Payne, Ratty, Rockoff, Barton, Childs Bakersfield, Cali£ornia, July 18, 1984 - Page 17 This resolution authorizes the City Manager and the Assistant City Manager-Personnel to eneter into and sign agreements allowing the staff of the City of Bakers[ield to utilize, from time to time, the various tests and other services made available by the State Personnel Board for the selection and ranking of City employees. Upon a motion by Councilman Christensen, Resolution No. 46-84 of the Council of the City of Bakersfield approving the entry into and authorizing the signing of contracts with the State Personnel Board for the performance of Technical Personnel Services, was by the following roll call vote: Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Barton, Childs None None Ayes Noes Absent: Adoption of Resolution No. 47-84 of the Council of the City of Bakers- field ordering the acceptance of offer of dedication of road easement along the west side of "H" Street between Fairview Road and Faith Avenue within Section 24, Township 30 South, Range 27 East, in the City of Bakersfield. In February of 1977 an irrevocable offer of dedication was made to the County of Kern for a portion of the west half of "H" Street allowing for a 55 foot half width. This dedication provides right-of-way required for the widening of "H" Street south of Faith Avenue. Upon a motion by Councilman Barton, Resolution No. 47-84 of the Council of the City of Bakersfield ordering the acceptance of offer of dedication of road easement along the west side of "H" Street between Fairview Road and Faith Avenue within Section 24, Township 30 South, Range 27 East, in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes Absent: Councilmen Christensen, Moore, Payne, Ratty, Barton, Childs None Rockoff, None adopted 494 Bakersfield, California, July 18, 1984 - Page 118 Adoption of Resolution No. 48-84 of the Council of the City of Bakers- field making findings, certifying the Final Supplemental Environmental Impacf Report for a Modified Inter- state Disposal Site for Wastewater Treatment Plant No. 3, and approving Project. The Final Supplemental Enviornmental Impact Report addresses an expanded site from sites studied in previously approved Supplemental Environmental Impact Reports comprising approximately 4,710 acres of privately owned land for irrigation disposal, includ-- ing 330 acres of storage, located south of Highway 119 (Taft Highway) and west of Interstate Highway 5. Transport will be by gravity flow pipeline along private easements and the Buena Vista Canal from Treatment Plant No. 3 approximately seven miles to the east. The Planning Commission held a public hearing on the Draft Supplemental Environmental Impact Report on June 7, 1984, and recommended approval of the City Council. Upon a motion by of the Council of the City lying the Final Supplemental Modified Interstate Disposal No. 3, and approving Project, call vote: Ayes Councilmen final document on July 5, ~984, to the Councilman Moore, Resolution No. of Bakersfield making findings, Noes None Absent: None 48-84 certi- Environmental Impact Report for a Site for Wastewater Treatment Plant was approved by the following roll Christensen, Moore, Payne, Ratty, Rockoff, Barton. Childs Reception of Certificate of Election from Kern County Clerk o:f Results of the Special Election for the Office of Mayor of the City of Bakersfield, California, held on the 5th day of June, 1984. Bakersfield, California, July 18, 1984 - Page 19 Results of the Election were as follows: Total number of Registered Voters: 62,611 Total number of Votes Cast: 29,045 Total number of Votes Cast for each Candidate: Nancy Bailey 6,702 Thomas Anthony Payne 18,113 Upon a motion by Councilman Christensen, Certificate of Election from Kern County Clerk of Results of the Special Election for the Office of Mayor of the City of Bakersfield, California, helfi 5th day of June, 1984, was received and ordered placed on on the file. Adoption of Resolution No. 49-84 of the Council of the City of Bakers- field declaring the results of Canvass of Returns in the Special Municipal Election for the Office of ~ayor held on the 5th day of June, 1984. This resolution certifies the results of the Special Municipal Election held on June 5, 1984, and declares Thomas Anthony Payne elected to the Office of Mayor of the City of Bakersfield for a four-year term. Upon a motion by Councilman Christensen, Resolution No. 49-84 of the Council of the City of Bakersfield declar~ng the results of Canvass of Returns in the Special Municipal Election for the Office of Mayor held on the 5th day of June 1984, was adopted by the following roll call vote: Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Barton, Childs None None Ayes Noes Absent: Approval of Cost Service Contract between the State Personnel Board and the City of Bakersfield. This three-year agreement allows the staff of the City of Bakersfield to utilize, from time to time, the various tests and other services made available by the State Personnel Board for the selection and ranking of City employees. Bakersfield, California, July 18, 1984 - Page 20 Upon a motion by Councilman Moore, Cost Serw[ce Contract Agreement between the State Personnel Board and the City of Rakers- field, was approved and the Mayor authorized to execute. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:20 P.M. MAYOR of the i Bakersfield, Calif. ATTEST: .? 1. I /I /.~.~z.z_.~m~dA ~ /.z~ ~d~z~. CITY CLERK and Ex Of Yicio Clerk of ihe Council of the City of Bakersfield, California CW Bakersfield, California, July 24, 1984 Minutes of a budget session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hail at 7:00 P.M., July 24, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Moore, Payne, Ratty, Rockoff, Barton, Christensen Absent: Councilman Childs Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 19-84 regarding Operating Budget for Fiscal Year 1984-85, as follows: On June 15, 1984, the Preliminary Budget docu- ment for Fiscal Year 1984-85 was submitted to the City Council. The preliminary document represents $48,249,840 for the Operating Budget $18,212,810 for the Capital Improvement Budget, and $290,835 for bond debt service. These amounts total $66,753,485. It is important to note that the Operating, Capital Improvement Budget, and bond debt service are separated into two categories in the preliminary document General Governmental Funds Sewer Enterprise Fund $50,985,040 $15,768,445 Total $66,753,485 The budget format is similar to last year and has been divided into six major service areas, which include Management Services, Environmental Services, Development and Transportation Services, Public Safety Services, Recreation and Cultural Services, and Support Services. In addition to the Preliminary Budget, the City Council also received requests for additional funding from the S.P.C.A., Convention Bureau of Greater Bakersfield, Kern Community College District, and the Bakersfield Symphony Orchestra. In addition to reviewing the Preliminary Budget, this Committee met with members of the above organizations to review their requests as well. This Committee believes the level of service presently being provided represents the desires of the residents of the City of Bakersfield and with the goal of maintaining that level of service we reviewed, not only the estimated expenditures for 1984-85, but the revenue esti- mates and proposed funding as well. During our review we were cognizant of the period of rapid growth the City has and continues to experience. We noted that over the past ten 2 Bakersfield, California, July 24, 1984 - Page 2 years the City's population has grown from 80,000 to more than 130,000. Not only has the population grown, but the area in square miles has grown from 30 square miles to approximately 80 square miles. This growth has not only impacted the calls for service in the Fire and Police Departments; it also places heavy demands on all the departments throughout the City. We believe the Preliminary Budget docu- ment has been prepared and presented to the City Council taking into consideration every possible method of cost containment and revenue enhancement; however, pursuant to our review, we believe several recommendations to be appropriate. First, this Co~ittee felt it important that the Refuse Collection Fees not exceed the fees imposed for Fiscal Year 1983-84. The preliminary document contained revenue estimates based upon action originally taken by the City Council in setting the annual charge at $34 per residential property and various rates for commercial, based upon type of service. This Committee is recom- mending the Refuse Fee be set at the amounts that were subsequently adopted by the City Council; that being $17 per residential property and the schedule of con~ercial charges and rates remaining the same as is currently being applied. The net effect of this recommendation will reduce estimated revenue by $1,050,000. In addition to the above proposed reduction in revenue, th~s Committee is recommending certain increases in proposed expenditures. Those proposed increases total $371,000 in various segments of the budget. First, in meeting with representatives from the Convention Bureau, we discussed the need of improving the City's image; consequently, in-- creasing the possibility of Bakersfield serving as a site for more conventions, trade shows, and sporting events. As such, we recon~end the City Counci~ set aside $60,000 as requested hy the Convention Bureau. We have requested the Convention Bureau prepare a proposal setting forth the program they would envision necessary to accomplish the above-stated goals. Upon approval of the program by the City Council, we would recommend the Council honor their request for additional funding. We believe it important the Convention Bureau prepare their budgets and projections in much the same way the City does. The Convention Bureau has requested the City annually adjust its contribution based upon the City's revenues from Transient Lodging Tax (Room Tax). We concur with their request, in theory, and realize that successful a(~tivity of the Con- vention Bureau will have a direct effect on the revenues the City receives from the Room Tax. We have directed staff to develop a Bakersfield, California, July 24, 1984 Page 3 program with the goals in mind so such a program may be put in place for our next and subsequent budget years. Consistent with the intent of the Convention Bureau to enhance the economy of Bakersfield with more conventions, etc., Kern Community College District proposes to install new lights at Memorial Stadium. As pointed out by Chancellor Young and Carl Bowser of the College, the new lighting will afford the College the opportunity of attracting events into the Stadium which are currently using other facilities in other communities. The present lighting is not suf£icient for nighttime televised events. This being the case, regional, state and national events which may receive such media coverage are unable to use Memorial Stadium at the present time. The cost of the new lighting is estimated to be $160,000, and the College has asked the City to contribute $20,000 for this endeavor. The Bakersfield Symphony Orchestra has requested an increase in the City's contribution to $11,000. The Preliminary Budget document contains $10,000 for the Symphony and this Committee recommends the City Council approve this request for the additional $1,000. Also, the S.P.C.A. has requested an additional $40,000 to assist in the funding of their operations over the next year. Further, in meeting with representatives from the S.P.C.A., we were informed of their intent to return to the City Council in the near future with a proposal and request that the City Council assist them in expanding and upgrading their facility through Capital Improvements. This Committee recognizes the City's responsibilities with regards to animal control in the City of Bakers- field and we believe the request of the S.P.C.A. :for additional operating funds to be justifiable. However. this Committee believes a program must be established which will insure a higher level of conformance to the Ci~y's ordinances regarding the licensing of animals. We have directed staff to work toward this end and return to this Committee so we may present recommendations to the City Council in the near future. In the interim, however, we believe the City Council should favorably respond to the S.P.C.A. and this Committee recommends that the City Council approve additional funding of $20,000. In the preparation of the Preliminary Budget, departmental requests included 40 new positions totalling an estimated $l.1 million. The requests also included various reclassifications. We recognize the departmental needs in ~ight of the rapid growth we are currently experiencing; however, without additional revenues it is not possible to fund all of these requests. In 4 Bakersfield, California, July 24, 1984 - Page 4 reviewing the departmental requests, this Committee did recognize certain specific needs and would recommend the Governmental Efficiency and Personnel Corr~ittee look favorably upon these personnel requests. Our recommended budget includes maintaining our current level of maintenance on our hnilding facilities, in addition to continuing our program of remodeling offices throughout the City. We believe it will be necessary to increase personnel in Genera~ Services with an additional Building Maintainer and a Craft Worker. The current City policy provides that maintenance o[ new neighborhood parks and median island landscaping, etc., in newly developing areas of the City be funded through Maintenance District Fees. The Pre- liminary Budget includes such Maintenance Districts as well as a Craft Worker, Supervisor, Trades Assistant, and Accounting Clerk in the Parks Department to be associated with these districts. Again, funding will be provided by the assessment of Maintenance District Fees. The new City/County Communications Center is scheduled to begin operation on July 1, 1985. The City Fire Department responds to 33% of the total related emergencies in the metropolitan area. Consistent with our plan, it will be necessary for the City to bring on board five Fire Dispatchers (1/3 of the total work force), for approximately three months of this Fiscal Year. At the present time, the City's annual budget is prepared, monitored, and administered by the Assistant City Manager-Finance and secretarial help. The budget and budget process is and should be an ongoing full-time process year round. As such, we believe it important a Budget Analyst position be created this year. We also recognize the need for an additional Accountant in the Finance Department which will be principally dedicated in the area of fixed asset accounting and document control as required in our financial reportJng. In light of this Committee's recommendations as detailed above, which include revenue reductions and expenditure increases, it was necessary that we make additional recommendations on how to fund our proposed changes. After reviewing the estimates contained in the Preliminary Budget document, a more current update furnished by the staff indicates several favorable changes as detailed on Exhibit A. Basically, Sales Tax estimates hawe been in- creased by $530,000, the estimated fund balance at June 30, 1984, has been increased from $0 to $390,000, and we propose to transfer into the General Fund $300,000 from the Ag Water Enterprise. This transfer from the Ag Water Enterprise is consistent with prior years practices. Bakersfield, California, July 24, 1984 - Page 5 In addition to changes in the revenue estimates, we have made certain recommendations for changes in the expenditures (Exhibit B), in addition to those itemized earlier in this report. Prin-- cipally, the major changes are a net savings in our Street Maintenance Program in materials of $149,745, which was achieved by the proposal to add two employees at an estimated $70,000 and the elimination of $2]9,745 in materials and supplies. The reduction in materials and supplies is created by eliminating contract purchases of such items as oil sand for the roads, etc., and the preparation of those materials by Public Works personnel. We are also recommending the City Council approve the use of Revenue Sharing Funds instead of General Tax Funds for such one-time capital projects such as tape editing equipment in the Police Department; a fire-hose drying tower; various; word processing and data processing equipment in Building, Planning, [Executive and Support Services; a five-year census in the Planning Department; and various capital projects in the facilities maintenance area. Finally, we propose to increase the cash basis reserve by $600,000, rather than the $700,000 as initially proposed. Effective July 1, 1984, the City has received a rate increase for its health insurance of approximately 40%. In light of the increase, we have reviewed a request from the retired employees of the City to assist in funding a portion of the increase for the retired employees. During our review, we addressed several proposals dealing with flat amounts, percentage contributions, contributions tied to length of service prior to retirement, and others. We understand the needs of the retired employees; however, at this point we are unable to recommend any increase in the City's contributions. We have requested City staff to work with the retirees in estab- lishing several alternatives and return to this Committee as soon as possible with recommendations. This Committee would like to thank the staff for the effort they put Forth in the preparation of the preliminary document as well as the effort Jn ~ssisting us in arriving at our recommendations. In conclusion, this Committee recommends the approval of this report and adoption of the Operating Budget as modified in this report (Exhibit C). Assistant City Manager-Finance Higginbotham, with the aid of overhead projections, explained the various schedules attached to the Budget and Finance Committee report. Mr. ttiggin- botham stated it is important to note. that, if it had not been for the recent passage of State legislation, assuring the City of some permanent financing through State subventions, it would have 6 Bakersfield, California, July 24, 1984 - Page 6 been d~fficult to balance the budget. It should also be noted that Property Taxes represent only about 20% of funding sources in the budget. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. ]9-84 regarding Operating Budget for Fiscal Year 1984-85, was accepted. Mayor Shell declared the budget session open for public participation. No one in the audience indicated a wish to speak. Councilman Christensen stated there are 45 hotels and motels in the City and 25 are members of the Convention Bureau. He would like the Convention Bureau to do everything possible to encourage the other hotels and motels to join that organization. In answer to a question by Councilman Christensen, Mrs. Jackie Belluomini, Director of the Convention is a fee to join the Convention Bureau and it number of rooms in each hotel or motel. Bureau, stated there is based on the Councilman Christensen recommended that the funds requested by Bakersfield College for installation of new lights at Memorial Stadium be granted and the Dog License Program be enforced or dropped. In answer to a question by Councilman Moore, Convention Bureau Director Jackie Belluomini stated many communities receive half or a large portion of the Lodging Tax. The Convention Bureau of the City of Bakersfield ~s the only Convention Bureau in the State that .just receives a flat fee. The Bakersfield Convention Bureau has one of the smallest budgets in the State. Councilman Ratty stated in Committee they talked about $1,000,000 in new positions for the City. Each year there is a crisis in the budget due to a lack of funds for new positions. Staff has been extremely diligent in shaving and trimming to try to maintain a level of service with the same amount of funds over the past few years. He informed the audience and public that if he is on the Budget and Finance Committee next year that this s~tuation has to change. The City keeps expanding and new position~ Bakersfield, California, July 24, 1984 - Page 7 7 are not added and something has to give. year and the citizens should be prepared handle increased duties in the City. This has to change next to hire more employees to Mayor Shell closed the public port~on of the hearing on the Operating Budget. In answer to a question by Councilman ~4oore regarding eliminating the Garbage Tax Fee in its entirety, Assistant City Manager-Finance ttigginbotham stated it was looked at, because it would eliminate $1,000,000 in revenues. If, for example, street sweeping was eliminated throughout the City in the residential areas and cut to once a week in commercial areas, it would save approximately $500,000. To distribute those reductions; in other areas, the Council would be looking at a $300,000 reduction in the Police Department and a $200,000 reduction in the Fire Department. Specific reductions were not addressed, but those are some of the things the Council may be looking al that could be seriously impacted. Councilman Barton stated the Budget and Finance Committee discussed, in generalities, alternatives that would be brought about by a total reduction of the Garbage Tax Fees. The Committee felt the community has accepted, or agrees, to the level of service that they are now getting. In order to find $1,050,000 in revenue some kind of drastic cut would have to be made. Upon a motion by Councilman Rockoff. Budget and Finance Committee Report No. 19-84 regarding Operating Budget for Fiscal Year 1984-85 and recommendations contained therein, were approved. Councilman Rockoff introduced Commissioner Gary Gordon of Gainsville, Florida, who was present in the audience. ttEARINGS This is the time set for public hearing before for hearing protests by property owners on the amount of the fairness of the benefit formula, parcels of property assessed or reservation by the Council to be the City of its right to elect to perform 8 Bakersfield, California, July 24, 1984 - Page work of maintenance by City forces on Maintenance District No. l, which provides the basis for the benefit assessment for maintaining street landscaping and irrigation systems to be borne by all parcels or property within ~4aintenance District No. 1, generally extending west from the east curb line of the median strip of Gosford Road to the eastern boundary of the Arvin-Edison Canal and the area extending south from the south curb line of Stockdale Highway to the centerline of Min~ Avenue. This hearing was duly advertised and the property owners notified as required by law. Director of Public Works Hawley reported that each resolution regarding the eight Maintenance Districts contain a report from the Public Works Director. The report includes a proposed budget, amount of each assessment and formula used to calculate the assessment. Each property within the eight Maintenance D~str~cts received a notice of the hearing, along with the individual proposed assessment. The budget for Maintenance District No. 1 is $71,270.00, less a carryover balance from Fiscal Year 1983-84 of $28,458.00, leaving a balance to be assessed of $42,812.00. Bids on the contract work were opened today and they were lower than estimated, therefore, the budget as shown in the report can be reduced by $16,000, which will rednce the assessments to 63% of the amount shown in the Public Works Director's Report. 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 Council deliberation and action. Upon a motion by Councilman Moore, hearing was closed for Resolution No. 50-84 of the Council of the City of Bakersfield for Maintenance District No. 1 approving and adopting the ]984-85 Budget (reducing the Budget to 63% of the amount shown in the Public Works Director's Report), levying assessments, reserving the right to perform maintenance work by City forces and authoriz~n~ collection of Bakersfield, California, July 24. 1984 - Page 9 9 assessments by the Kern following roll call Ayes Councilmen Noes Absent: Council County Tax Collector, was adopted by the vote: Moore, Payne, Harry, Rockoff, Barton None Councilmen Childs, Christensen This is the time set for public hearing before the for hearing protests by property owners on the amount of assessment, the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 2, which provides the basis for the benefit assessment for maintaining a public park to be borne by all parcels of property within Maintenance District No. 2, generally bounded by Ashe Road on the east, Ming Avenue on the south, E1 Portal Drive on the west (including all lots fronting on E1 Portal Drive) and Outingdale Drive/Kearsarge Way on the north (including all lots fronting Outingdale Drive and Kearsarge Way). This hearing was duly advertised and the property owners notified as required by law. Director of Public Works Hawley reported that the budget on Maintenance District No. 2 can be reduced to 75% of the amount shown on the Public Works Director's Report, because Amberton Park is under construction and it is estimated that the turf can be seeded around September l, 1984, and maintenance will start on October 1, 1984. Mayor Shell declared the flearing 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 Moore, Resolution No. 51-84 of the Council of the City or Bakersfield for Maintenance District No. 2 approving and adopting the 1984-85 Budget (reducing the Budge~ to 75% of the amount shown in the Public Works Director's Report), 10 Bakersfield, California, July 24, 1984 - Page levying assessments, work by City forces and authorizing collection of the Kern County Tax Collector, was adopted by the call vote: Ayes: Councilmen Noes: None Absent: Councilmen Council reserving the right to perform maintenance assessments by following roll Moore, Payne, Ratty, Rockoff, Barton Childs, Christensen This is the time set for public hearing before the for hearing protests by property owners on the amount of assessment, the fairness of the benefit ~ormula, parcells of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 3, which provides the basis for the benefit assessment for maintaining street and parkway landscaping, walls, signs and parks to be borne by all parcels of property within Maintenance District No. 3, extending west from the east curb line of the median strip of Gosford Road to the west curb line o£ the median strip of Old River Road and the area extending north from the Southern Pacific Railroad right-of-way north to the centerline of White Lane (Campus Park). This hearing was duly advertised and the property owners notified as required by law. Director of Public Works ttawley recommended that the budget on Maintenance District No. 3 be reduced to 83% of the amount shown in the Public Works Director's Report. 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. 52-84 of the Council of the City of Bakersfield for Maintenance District No. 3 approving and adopting the 1984-85 Budget (reducing the BudgeL to 83% of the amount shown in the Public Works Director's Report), Bakersfield, California, July 24, 1984 - Page ll 11 levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector, was adopted by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Christensen Noes: None Absent: Councilman Childs This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 4, which provides the basis for the benefit assessment for maintaining street and parkway landscaping, wa~ls, signs and parks to be borne by all parcels of property within Maintenance District No. 4, located in an area bounded by Ming Avenue on the north~ Arvin-Edison Canal on the east, White Lane on the south and Old River Road on the west (The Oaks). This hearing was duly advertised and the property owners notified as required by law. Director of Public Works IIawley recommended ~hat the budget on Maintenance District No. 4 be reduced to 79% o[ the amount shown in the Public Works Director's Report. 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 porti~n of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Moore, Resolution No. 53-84 of the Council of the City of Bakersfield for Maintenance District No. 4 approving and adopting the 1984-85 Budget (reducing the Budge~ to 79% of the amount shown in the Public Works Director's Report). levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the 12 Bakersfield, California, July 24, 1984 - Page 12 Kern County Tax Collector, was vote Ayes Noes Absent: adopted by the following roll call Councilmen Moore, Payne, Christensen None Councilman Childs This is the time set Ratty, Rockoff, Barton, for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 5, which provides the basis for the benefit assessment for maintaining street and parkway landscaping, walls, signs and parks to be borne by all parcels of property within Maintenance District No. 5, located southwesterly of the intersection of Ming Avenue and the Arvin-Edison Canal (Haggin Oaks). This hearing was duly advertised and the property owners notified as required by law. Director of Pnb]ic Works Hawley recommended that the budget on Maintenance District No. 5 be reduced to 70% of the amount shown in the Public Works Director's Report. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being to speak in favor, the public portion of Council deliberation and action. received and no one wishing the hearing was closed for Upon a motion by Councilman Ratty, Resolution No. 54-84 of the Council of the City of Bakersfield for Maintenance District No. 5 approving and adopting the 1984-85 Budget (reducing the BudgeL to 70% of the amount shown in the Public Works Director's Report), levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern Ayes Noes Absent: County Tax Collector, was adopted by the following roll call vote: Councilmen Moore, Payne, RaLLy, Rockoff, Barton, Christensen None Councilman Childs Bakersfield, California, July 24, 1984 - Page 13 13 This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance D~strict No. 6, which provides the basis for the benefit assessment for maintaining street and parkway landscaping, walls, signs and parks to be borne by all parcels of property within Maintenance District No. 6, extending west from the east curb line of the median strip of Gosford Road to the eastern boundary o[ the Arvin-Edison Canal and the area extending south from the centerline of Ming Avenue to the intersection of the northern boundary of the Arvin-Edison Canal and Gosford Road (Parkside Village South). This hearing was duly advertised and the property owners notified as required by law. Public Works Director Hawley recommended that the budget on Maintenance District No. 6 be reduced to 55% of the amount shown in the Public Works Director's Report. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being to speak in favor, the public portion of Council deliberation and action. received and no one wishing the hearing was closed for Upon a motion by Councilman Moore, Resolution No. 55-84 of the Council of the City of Bakersfield for Maintenance District No. 6 approving and adopting the 1984-85 Budget (reducing the Budget to 55% of the amount shown in the Public Works Director's Report), levying assessments, reserving the right to perform maintenance work by City forces and authorizing collc~ction of assessments by the Keri3 County Tax Collector, was adopted by the Ayes: Councilmen Moore, Payne, Christensen Noes: None Absent: Councilman Childs Ratty, following roll[ call vote: Rockoff, Barton, 14 Bakersfield, California, July 24, 1984 - Page 14 This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its right to elect to perform work of maintenance by City forces on Maintenance District No. 7, which provides the basis for the benefit assessment for maintaining street and parkway landscaping, walls and signs to be borne by all parcels of property within Maintenance District No. 7, extending west from the east boundary of the Arvin-Edison Canal to the westerly curb line of the median strip of Old River Road and the area extending north from 30 feet south of Ming Avenue right- of-way to the south property line or California State College, Bakersfield, and the north right-oF-way line of Camino Media (Stockdale Centre). This hearing was duly adw~rtised and the property owners notified as required by law. Public Works Director Hawley recommended that the budget on Maintenance District No. 7 be reduced to 86% of the amount shown in the Public Works Director's Report. 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 Moore, Resolution No. 56-84 of the Council of the City of Bakersfield for Maintenance District No. 7 approving and adopting the 1984-85 Budget (reducing the Budget to 86% of the amount shown in the Public Works Director's Report), levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector, was adopted by the following roll call Ayes Noes Absent: vote: Councilmen Moore, Payne, Christensen None Councilman Childs Ratty, Rockoff, Barton, Bakersfield, California, July 24, 1984 - Page 15 15 This is the time set for public hearing before the Council for hearing protests by property owners on the amount of assessment, the fairness of the benefit formula, parcels of property to be assessed or reservation by the City of its r~ght to elect to perform work of maintenance by City forces on Maintenance District No. 8, which provides the basis for the benefit assessment for maintaining certain local improw~ments to be borne by all parcels of property within ~aintenance District No. 8, generally bounded by Morning Drive on the east, College Avenue on the south, Fairfax Road on the west, and State Route VI Ker 178 of the north. This hearing was duly advertised and the property owners notified as required by law. Director of Public Works ttawley reported that presently there are no improvements existing in Maintenance District No. 8, however, future improvements will include median island landscaping, wall planters and a possible park. The budget for Maintenance District No. 8 for Fiscal Year 1984-85 is zero. 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, Resolution No. 57-84 of the Council of the City of Bakersfield for Maintenance District No. 8 approving and adopting the 1984-85 Budget, levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by Kern County Tax Collector, was adopted by the following roll call vote: Ayes Councilmen Moore. Payne, Ratty, Rockoff, Barton, Noes Absent: Christensen None Councilman Childs 16 Bakersfield, California, July 24, 1984 - Page 16 recessed 25, ] 984, RECESS Upon a motion by Councilman Christensen, the Council its budget session at 8:20 P.M., until Wednesday, July at 7:00 P.M. MAYOR of $h~ City of Bakersfield, Calif. ATTEST: CITY CL~RK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, July 25, 1984 1¸7 Minutes of a budget session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M.. July 25, 1984. The meeting was called to by the Pledge of Allegiance. Absent: the Mayor Revenue Sharing Funds for Fiscal MANAGEMENT SERVICES: Audit Services *Kern Community College District- Hemorial Stadium Lighting order by Mayor Shell, followed The City Clerk called the roll as follows: Mayor Shell. Councilmen Hoore, Payne, Ratty, Rockoff, Barton, Christensen Councilman Childs PUBLIC HEARING ON FEDERAL REVENUE SHARING FUNDS. Assistant City Manager-Finance Higginbotham presented and Council with a report on the proposed use of Federal Year 1984-85, as follows: 1,500 20,00t~ ENVIRONMENTAL SERVICES 21st Street Repair (Oak Street west to Beach Pump Station) Shalimar P.D.A. (College Avenue & Fairfax Road Detention Basin: Inflow & Outflow System) Chadbourne Street Storm Drain (Calcutta to Pacheco Greenbelt) Hartman Avenue (Rio Bravo to Carr Street, north on Carr Street approximately 370' to existing storm drain, and also north on Haggin Street approximately 670' to existing storm drain) Ashe Road (South from existing syphons on Stockdale Highway and Ashe Road to existing storm drain approximately 100' north of Saunders) "F" Street Storm Drain (Extend storm drain 30th Street to Golden State, modify and expand pump station at Golden State Avenue) Grading, Drainage System and Leachate Collection Sump 20,000 70,000 50,000 120,000 35,000 25,000 25,000 18 Bakersfield, California, July 25, 1984 - Page 2 *Myrtle Street Storm Drain between Brundage Lane and 200' north of Brundage Lane RECREATION AND CULTURAL SERVICES: Saunders Park Improvements (Replace service drives and walks) Dr. Martin Luther King Park Improvements (Softball pIanks and concrete slabs) Dr. ~artin Luther King Park Improvements (Convert softbali lighting) Retool Auditorium (Main Building) *Centennial Park Sump Improve- ments, Phase I (Phase II - 85-86 $60,000) PUBLIC SAFETY SERVICES: Replacement of Carpet in Base- ment of Police Building. 1601 Truxtun Avenue Microwave Data Link for the Computer-aided Dispatch System Modifications and Improvements to City of Bakersfield Radio Communications System (PhaseII) Purchase Kern County Fire Depart- ment Stockdale Station Remodel Stockdale Fire Station including Alarm System Equipment for Classroom Building Olive Drive Training Facility (50%-50% cost sharing with Kern County Fire Department - Bakers- field Fire Department cost shown) Furniture for Intergraded Visual Training System Building, Olive Drive Training Facility (50%-50% cost sharing with the Kern County Fire Department - Bakersfield Fire Department cost shown) Formulate Architectural Plans for development of last phase of the development of property at the Olive Drive Training Facility, paving of the access road, land- scaping, sprinkler system, extend water system, installation of fire hydrants, shutters on Drill Tower and a Hose Drying Tower $ 20,000 15,000 9,000 6,000 515,000 45,000 22,000 86,500 178,810 150,000 65,000 6,500 6,000 35,000 Bakersfield. California, July 25, 1984 - Page 3 19 Architectural Fees and con- struction of Fire Station, Rio Bravo Area $ 40,000 Site acquisition, Architectural Fees and construction of Bakersfield Fire Department Fire Station No. 4 200,000 Architectural Fees and con- struction of Bakersfield Fire Department Fire Station No. 8 35.000 Equipment for Phase I and Phase II of the Integration of the City/County Fire Protection Combined Dispatch System 52,000 Phase I and Phase II of the Intergraded Visual Training System 30,000 *Police Tape Editing EquSpment 15,000 *Fire Hose Drying Tower 15,000 *EDP Hardware & Software re City Police/County Sheriff Joint Project 160,000 DEVELOPMENT AND TRANSPORTATION SERVICES: H Street & 4th Street (Traffic signal modification) $ 58,000 Haley Street & Niles Street (Mastarm signal modification) 25,000 H Street & Belie Terrace (Replace electromechanical controllers and revise detection) 35,000 Wible Road & Wilson Road (Replace 1st general solid state centrollers and revise detection) Truxtun Avenue Bridge Approaches at Union Avenue (Instail impact attenuators or crash cushions) 40,000 20,000 H Street and Wilson Road (Replace electromechanical controllers and revise detection) 35,000 Gilmore Avenue widening & re- alignment signal modification (Pierce Road to Freeway 99) Mission Hills Court Consl;~'uction (Eastside of University Park) 84,000 15,000 *Five (5) Year Census 150,000 *Planning Department Word Processing Equipment 33,900 2O Bakersfield, California, July 25, 1984 - Page 4 *P. G. & E. Installation ef 33 additional lights in Census Tract 22 SUPPORT SERVICES: Reroof West Wing (City Hall, Lower Level) Building D - Equipment Maintenance (Install 8 electric door openers) Acquisition of site for Corporation Yard Substation and Fire Station in Rio Bravo Area *Postage Meter and Mailing Equipment *Remodeling of ]st Floor City Hall *Exterior painting o[ Civic Auditorium *Clean & Urethane Seal Arena Floor *Concert Hall Ceiling & Wall Painting *Data Processing Hardware Expansion & Upgrade *Word Processing Equipment City Attorney, Finance, City Clerk $ 3,000 8,000 10,000 120,000 8,000 20~000 65,000 32,500 25,000 75,500 60,000 $2,996,210 and removals to the proposed uses May 3, 1984, hearing before the *Additions since the Planning Commission, including recommendations approved by the City Council on July 24, 1984. Mayor Shell declared the meeting open for public hearing on Revenue Sharing Funds. In answer to a question by Mayor Shell, Assistant City Manager-Finance Higginbotham stated the Revenue Sharing Funds are actually allocated by the Federal Government, however, the interest earnings on those funds are estimated. The report includes the estimated interest earnings, as well as, estimated fund balance at the close of Fiscal Year 1983-84, and those figures have not been finalized. No one in the audience indicated a wish to speak and Mayor Shell closed the public hearing. Bakersfield, California, July 25, 1984 - Page 5 21 In answer to a question by Mayor Shell, Assistant City Manager-Finance HiggJnbotham stated Revenue Sharing items are included in the Capital Improvement Budget and will be acted upon at the same time that budget is approved. CAPITAL IMPROVEMENT PROGRAM 1984-85 Assistant City Manager-Finance Higginbotham stated the l0 Year Capital Improvement Program was presented to the Council and Planning Commission several months ago. The Plannlng Commission held a public hearing in May, 1984, and received requests ~or Revenue Sharing Funds. The Planning Commission then forwarded all requests to the Council, aIong with their recommendations and findings, which, ~n essence, is the Proposed Capital Improvement Program for Fiscal Year 1984-85 and it is consistent with the General Plan. The following memorandum was presented to the Council '1. **2. **3. *4. regarding additions to the Capital Improvement Program: Listed below are projects being recommended For addition to the Capital Improvement Budget. These projects were presented to the Planning Commission or requested by individual Council members. These projects were in our long range develop- ment plans but were not included in the proposed 1984-85 program due to lack of funds. It is recommended that these projects be placed on a priority list and constructed if and when funds become available through savings on completed projects or by funds exceeding esti- mated amounts. The projects are: Signal Upgrade at Planz Road and South Chester Avenue. $ 65,000 Myrtle Street Storm Drain between Brundage Lane and 200' north of Brundage Lane. 20,000 Centennial Park Sump Improve- ments Phase I (Phase II 85-86 $60,000). 45,000 Sidewalk construction adjacent to block walls in Kern City Area, Phase I (Phase II, 85-86 $32,000). 20.000 22 Bakersfield, California, July 25, 1984 - Page 6 **5. P. G. & E. installation of 33 additional lights in Census Tract 22. $ 3,000 TOTAL $153,000 *Transportation Funds **Revenue Sharing Funds The Council and staff reviewed the Capital Improvement Program for Fiscal Year 1984-85 by categories, as .follows: ENVIRONMENTAL SERVICES A total of $21,557,000 is proposed for improve- ments related to storm drains, sewers and wastewater treatment for the next ten years. Included in the wastewater treatment projects is the proposed project to expand Wastewater Treatment Plant No. 3 in the southwest. RECREATION AND CULTURAL SERVICES A total of $7,266,000 is proposed for improve- ments related to City parks and the Civic Auditorium for the next: ten years. The ten-year program provides for $5.336,000 to be expended for parks. Consistent with Council poIicy, new park sites are not being developed with City funds. PUBLIC SAFETY SERVICES A total of $8,602,410 is proposed ments related to the Public Safety of the Police and Fire Departments next ten years. for improw~- Services over the Included in the Fire Department improvements are proposed costs related to the purchase of the County Fire Station on Stockdale Highway. This purchase is pursuant to the plan for Fire Services unification in the Metropolitan Bakersfield Area. Assistant City Manager-Finance Higginbotham stated that staff has recommended that $160,000 of Revenue Sharing Funds be added to the budget for hardware and software for the City Police/ County Sheriff's Joint Project. This item was included in the report on Revenue Sharing Funds. DEVELOPMENT AND TRANSPORTATION SERVICES A total of $38,479,000 is proposed for improve- ments related to streets, street lighting, and traffic signals for the next ten years. The street-related projecis proposed are main- tained at present service levels as was directed by the City Council to ". .not fall behind the current level of service. ." Bakersfield, California, July 25, 1984 - Page 7 23 Assistant City Manager-Finance Higginbotham stated last year the Council directed staff, if there were savings from projects or funds available, that funds be accumulated for the grade separation project on Mohawk Street at Truxtun Avenue. This year's Capital Improvement Program does not contain funds for this project because, at the present time, none are available. SUPPORT SERVICES A total of $283,000 is proposed for improve- ments to City Hall and Corporation Yard for the next ten years. Adoption of Resolution No. 58-84 of the Council of the Cfity of Bakers- field approving and adopting the Operating and Capita] Improvement Budgets for the Fiscal Year ]984-85. Upon a motion by Councilman Ratty, Resolution No. 58-84 of the Council of the City of Bakersfield approving and adopting the Operating and Capital Improvement Budget for Fiscal Year 1984-85, was adopted by the following roll call vote: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Christensen Ayes: Noes: None Absent: Councilman Childs ADJOURNMENT There being no further business to come Council, upon a motion by Councilman Christensen, sessions were adjourned at 7:30 P.M. before the the budget MAYOR of/he/City of Bakersfie]d, ATTEST: CITy CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma Calif. 24 Bakersfield, California, August ], 1984 ~inutes of a regular meeting of the Council of the City of Bakersfield~ California, held in the Council Chambers of City Hall at 7:00 P.M., August 1, 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 [ollows: Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Barton, Childs, Christensen Absent: Councilman Moore Mayor Shell reminded tile Council that Councilman ~oore is absent because he is participating in a University of California Cooperative Extension Water Task Force sponsored activity, whose goal is to increase understanding, on a Statewide basis, water management and related problems. His participation in this activity was approved by the City Council. Minutes of the regular meeting of July 18, 1984 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from United States Environmental Protection Agency, 215 Fremont Street, San Francisco, received July 23, 1984, submitting a Fact Sheet for Petroleum Waste, Incorporated, Disposal Facility, Kern County, California, regarding Draft Hazardous Waste Disposal Permit, was received and ordered placed on [ile. Upon a motion by Councilman Payne, communication from Tenneco Property Corporation, dated July 27, 1984, requesting a General Plan Amendment of approximately 615 acres located at the northwest corner of Gosford Road and Panama Lane, immediately south of the City Limits, was received and referred to the P[[anning Com- mission for study and recommendation. COUNCIL STATEMENTS Upon a motion by Councilman Ratty, communication he receiYed from the Society for the Prevention of Cruelty to Animals, dated Bakersfield, California, August l, 1984 - Pa~e 2 25 July 23, 1984, regarding raising impound and dead aminal fees, was referred to the Budget and Finance Committee for review. Upon a motion by Councilman Ratty, the matter of Veteri- narians collecting license fees for dogs, was referred to the Intergovernmental Relations Committee to meet with the County of Kern to work out a joint agreement. REPORTS Councilman Rockoff, Chairman of the Budget Committee, read Report No. 20-84 regarding Cox Cable follows: and Finance Franchise, as Last year the City Council referred to the Budget and Finance Committee the issue of considering renegotiation of the Cox Cable Franchise to reflect changes that have occurred in the industry since the date the franchise was entered in 1965. Subsequently, the City Attorney reported that Cox Cable was deficient in past franchise payments to the City as a result of a court decision striking as invalid a portion of the franchise ordinance prohibiting "pay television." The Budget and Finance Committee, the City Attorney's Office, and representatives of Cox Cable have diligently pursued the direction of the City Council to make adjustments in the franchise ordinance with Cox Cable. Those efforts have resulted in a resolution that is beneficial to the City and its residents. Pursuant to an agreement with Cox Cable and the proposed ordinance, the following results have been achieved: Cox Cable will make payments to the City of Bakersfield, totalling $115,000 :for past amounts due based upon the City's interpre- tation of the franchise agreement. The first payment will be made immediately, and the second and final payment will be made in April, 1985, with interest on the unpaid amount occurring at ]0% annually, commencing July l, 1984. The City's future revenue will be based on "total gross receipts," as defined in the new ordinance, and should result in a significant increase in payments over previous payments. The provision prohibiting the sale by Cox Cable of receivers which made use of the signals generated by Cox Cable has been removed. 26 Bakersfield, California, August 1, 1984 - Page 3 The provision prohibiting Cox Cable from advertising on any of its signals has been removed. At the same time, gross revenue received by Cox as a result of such advertising will be subject to a 3% franchise fee to be paid to the City. Simultaneous broadcast restrictions have been removed since those restrictions have been preempted by the Federal Communications Commission. Cox Cable is now required to provide 35 channels of video signals throughout its entire system. Cox Cable is authorized, without further Council approval, 1;o make annual rate increases no greater than (5%). Rate increases may for more than two years. over 5% per year requires approval. five percent not be accumulated Any rate increase City Council Franchise payment date has been adjusted to April i of each year to be consistent with the provisions of the Warner Cable Franchise. It was further agreed that no modification would be made by either party for a period of five years. The Committee believes that the City's revenue will be substantially increased by this modified agreement and is, therefore, beneficial to agree to a five-year "no altera- tion" policy. It should be noted that the original agreement has not been altered for 19 years. The Budget and Finance Co~:~ittee recommends the City Council approve this report, consider first reading of the ordiuance, and adopt the resolution setting the hearing date for the second reading and adoption of the ordinance. Mr. Terry McNally, General ~anager of Cox Cable TV, stated, basically, the ordinance is just being brought up to what is actually occurring. They now have the capability of providing 35 video channels to all subscribers, although only 27 are currently activated. This will allow them to grow and provide additional services in the future. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 20-84 regarding Cox Cable Franchise, was accepted. Bakersfield, California, August 1, 1984 - Page 4 27 First reading of an Ordinance of the Council of the City of Bakersfield amending Section I (f) and (j), Section 2 (e), (f) and (g), Section 9 (a), (b) and (c), and Section 14 (a) and (b) of Ordinance No. 1552 New Series relating to Cable Tele- vision. Upon a motion by Councilman Rockoff, first reading was considered given an Ordinance o[ the Council of the City of Bakers- field amending Section 1 (f) and (j), Section 2 (e), (f) and (g), Section 9 (a), (b) and (c), and Section 14 (a) and (b) of Ordinance No. 1552 New Series relating to Cable Television Franchise. Adoption of Resolution No. 59-84 of the Council of the City of Bakers- field regarding its intention to modify Ordinance No. 1552 New Series relating to the Cox Cable Television Franchise. Upon a motion by Councilman Rockoff, Resolution No. 59-84 of the Council of the City of Bakersfield regarding its intention to modify Ordinance No. 1552 New Series relating to the Cox Cable Television Franchise, setting hearing date on this matter for September 12, 1984, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs, Christensen Absent: Councilman Moore Councilman Barton, Chairman of the Water Board, read Report No. 1-84 regarding Kern River Plan - Proposed Element to City and County General Plans, as follows: The City of Bakersfield Planning Commission, the County of Kern Planning Advisory Committee, and the Planning Staffs of the City and County have developed, through a series of workshops and hearings, a proposed "Kern River Plan Element." The proposed p]an was circulated to Council members July 16, 1984. The next step in the procedure to adopt this plan as a General Plan Element is for the County of Kern to hold a public hearing, which is scheduled to begin Augnst 27, 1984. Upon conclusion of the Board hearing, the matter shall be referred to the Bakersfield City Council for public hearing. Upon completion of the City Council hearing, the matter shall 28 Bakersfield, California, August 1, 1984 - Page 5 be referred back to the Board of Supervisors:, only if the City Council desires plan changes to policies or implementation measures affecting both jurisdictions. The Water Board has reviewed the proposed plan. The Commissioners and staff responsible for the preparation of this document should be commented for a job well done on an extremely complex and most times controversial matter. In reviewing the plan the Water Board has developed a list of changes and clarifications. It is our recommendation that this list be sent to the Board of Supervisors, requesting those items be incorporated into the plan as soon as possible. It is our position that by including these items in the plan at the County hearing, the confusion of changes and clarifications at a later date will be minimized. The Water Board, in conclusion, would recommend that this document, to follow protocol, be referred to the IntergovernmentaI Relations Committee to take to the Board of Supervisors. Upon a motion by Councilman Barton, Water Board Report No. 1-84 regarding Kern River Plan - Proposed Element to the City and County General Plan, was accepted; and this document was referred to the Intergovernmental Relations Committee to take to the Kern County Board of Supervisors. Upon a motion by Councilman Rockoff, the Water Board was given the task of maintaining information as to the status of the Kern River Study and that all matters concerning that issue be brought back to the Council. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 7055 to 7241 and 42 to 142, inclusive, ~n the amount of $849,888.22. (b) Claim for Damages from Russell Bartlett, Mrs. Lena Bartlett, and their minor children Bobby Bartl(,tt and Adam Bartlett, Mrs. Danny DeLuna, Mrs. Lynn DeLuna and their minor son, Russell Lynn DeLuna, 1623 13th Street, Bakersfield. (Refer to City Attorney) (c) Application for Leave to Present Late Claim for Damages from Kirk C. Bennett, Attorney at Law, 319 West 100 South, Suite B, Vernal, Utah, on behalf of D. McKee and G.M.A.C. (Refer to City Attorney) Bakersfield, California, August l, 1984 - Page 6 29 (d) (e) Claim for Damages from Clem Bumes, 3221 Mesa Drive, Bakersfield. (Refer to City Attorney) Claim for Damages from Richard Dale Hill, 509 Beardsley Avenue, Apt. B, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Motel 6, Inc.~ 51 Hitchcock Way, Santa Barbara, California. (Refer to City Attorney) (g) Street Right-of-Way Deed from Kenneth E. Rhodes, providing additional dedication on Panama Lane and Summerfield Drive as required by the Planning Commission for Parcel Map No. 7278, located at the north- east corner of Panama Lane and Summerfield Drive. (h) Notices of Completion and Acceptance of Work on: Resurfacing Raley Street and University Avenue, Contract No. 84-68 with Granite Construction Company. Tract No. 4649, Contract No. 84-57 with Tenneco Realty Development Corporation, located at Ming Avenue and Old River Road. Tract No. 4602, Contract No. 83-179 with Tenneco Realty Development Corporation located at White Lane and Pin Oak Park Boulevard. Tract No. 4611, Contract No. 83-186 with Tenneco Realty Development Corporation located at White Lane and Pin Oak Park Boulevard. Tract No. 4626, Contract No. 84-54 with Tenneco Realty Development Corporation located at Park View Drive and Duncanson Drive. Tract No. 4627, Contract No. 84-55 with Tenneco Realty Development Corporation located at Park View Drive and Campus Park Court. Tract No. 4620, Contract No. 83-202 with Tenneco Realty Development Corporation located at Park View Drive and Campus Park Drive. Tract No. 4619, Contract No. 83-201 with Tenneco Realty Development Corporation located at Old River Road and Millikan Way. Tract No. 4594, Contract No. 83-182 with Tenneco Realty Development Corporation located at District Boulevard and Pin Oak Park Boulevard. 3O Bakersfield, California, August l, 1984 - Page (d) , (e) , (i) (j) (k) (t) (m) (n) (o) (P) (q) (r) (s) Upon (f), Map of Tract No. 4270, Unit A, and Improve- ment Agreement with Park West for construction of improvements therein, located north of White Lane, east of Dovewood Street. Map of Tract No. 4503 and Improvement Agrement with M. H. Associates for construction of improvements therein~ located on the north side of Stockdale Highway between Ashe Road and E1 Rio Drive. Map of Tract No. 4692 and Improvement Agreement with CDA Development of California, Inc., for construction of improvements therein, located south of Auburn Street, east of LaSalle Court. Application for Encroachment Permit from Peter P. Mosesian, 7700 E1Verano Drive, Bakersfield, for construction of brick paving block in the sidewalk area on "K" Street at ]700 "K" Street. This proposal was previously reviewed by the Design Review Board. Plans and Specifications for reconstructing a portion of Harris Head between Akers and Stine Roads. Plans and Specifications for resurfacing a portion of Panorama Drive between Wenatchee Avenue and Columbus Street. and Wenatchee Avenue between University Avenue and Columbus Street. Plans and Specifications for construction of street improvements on Camino Media between Forum Way and Haggin Oaks Boulevard. Plans for reconstructing the Central Park Footbridge that crosses the Kern Island Canal. Water Availability Fees Agreement between the City of Bakersfield and RNR Enterprises providing payment to the City for providing water service to the development project: on Tentative Parcel Map No. 6778, Lots 6 and 7. Water Availability Fees Agreement between the City of Bakersfield and RNR Enterprises providing payment to the City for providing water service to the development project on Tentative Parcel Map No. 6778, Lots 1 through 5 and 8 through 10. Agreement between the City of Bakersfield and William Murphy for instruction in Basic Computer Programming. a motion by Councilman Rockoff, Items (a), (b), (c), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), Bakersfield, California, August 1, 1984 - Page 8 31 (q), (r) and (s) of the Consent Calendar, were adopted by the following roll Ayes: call vote: Councilmen Payne, Ratty, Christensen None Councilman Moore Noes Absent Rockoff, Barton, Childs, Upon a motion Myers, in the amount of 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. Upon a motion by Councilman Ratty, 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 Ratty, low bid of Treasure Cove, Ltd., in the amount of $4,650.00 per month, for Southwest Maintenance Districts Median Island Landscaping, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Granite Construction Company, in the amount of $259,818.00, for construction of the 21st Street Box Culvert on the Carrier Canal, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of Gilliam & Sons, in the amount of $141,350.00~ for Annual Contract for Earth Moving and Hauling, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, low bid of Santa Maria Tire, in the amount of $61,313.64, for Annual Contract for ACTION ON BIDS by Councilman Childs, low bid of J. L. $24,357.00, for construction of an extension 32 Bakersfield, Cali£ornia, August 1, 1984 - Page 9 Tire Recapping, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, low bid of Micon, in the amount of $146,312.86, for construction of the Shalimar Planned Drainage Improvements, Phase I, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, bid o£ Moore Recreation and Park Equipment, in the amount of $11,126.82, £or three park shelters, was accepted. Upon a motion by Councilman Barton, low bid of Valley Engineers, Inc.. in the amount of $748,840.00, for Calloway River Weir on the Kern River, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bids of Target Chemical (2 items), in the amount of $1,566.42, Omni Enter- prises (2 items), in the amount of $7,123.20. Abate-A-Weed (2 items), in the amount of $5,859.68, and LA Chemical Company (1 item) in the amount of $7,882.]6, for Chemc~als for Water Resources Department, were accepted and all other bids rejected. Upon a motion by Councilman Barton, low base bid, plus Units A and B, from J. L. Denio, in the amount of $189,940.00, for the Sandra Drive Storm Drain System, Phase III, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2930 New Series of the Council of the City of Bakersfield amending Section 17.60.260 (g) (2) of the Bakersfield Municipal Code relating to Removal of Non- conforming Signs. Councilman Childs made a motion to adopt an Ordinance of the Council of the City of Bakersfield amending Section 17.60.260 (g) (2) of the Bakersfield Municipal Code relating to Removal of Nonconforming Signs. Bakersfield, California, August l, 1984 - Page 10 33 Councilman Rockoff stated this matter comes before the Council every year and a one year extension is granted. Council- man Rockoff stated he will vote against the one year extension and felt the subject should be addressed. Councilman Rockoff offered a substitute motion to adopt Ordinance No. 2930 New Series of the Council of the City of Bakers- field amending Section 17.60.260 (g) (2) of the Bakersfield Municipal Code relating to Removal of Nonconforming Signs, extending the moratorium to November 30, 1984. The substitute motion was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: Councilman Moore Adoption of Zoning Resolution No. 317 of the Conncil of the City of Bakersfield denying Appeal of George Wright and Glenna G. Quick from action of Planning Commission recom- mending against adoption of Zoning Ordinance changing the Land Use Zonlng of that certain property commonly known as 409 17th Street. This resolution sets forth the decision of the Council following the appeal hearing on this matter held July 18, 1984. Upon a motion by Councilman Payne, Zoning Resolution No. 317 of the Council of the City of Bakersfield denying Appeal of George Wright and Glenna G. Quick from action of Planning Commission recommending against adoption of Zoning Ordinance changing the Land Use Zoning of that certain property commonly known as 409 17th Street, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Payne, Councilmen Ratty, Councilman Moore This is the time Rockoff, Barton, Childs Christensen HEARINGS set for public hearing before the Council regarding termination of Franchise Agreement with Cox Cable of Bakersfield. 34 Bakersfield, California, August 1, 1984 - Page June 27, 1984. At the Council Meeting of June 20, 1984, was continued until August 1, 1984. As a result of negotiations between the Budget This hearing was set by the Council as per a recommenda- tion contained in a report from the City Attorney dated April 20, 1984. At the request of Cox Cable the hearing was reset for the hearing and Finance Committee and Cox Cable, the Budget and Finance Committee is recommending cancellation of this hearing. Upon a motion by Councilman Childs, public hearing before the Council regarding termination of Franchise Agreement with Cox Cable of Bakersfield was canceled. This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Wible No. 5~" proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, posted and the property owners, all affected City, County or Districts and LAFCO Executive Director have been notified as required by law. This is an uninhabited annexation containing 11.33 + acres of land, located 702 ~ feet north of Ming Avenue adjacent to the east right-of-way of Wible Road (GEMCO Commercial Complex). ~ayor 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 Payne, Resolution No. 60-84 of the Council of the City of Bakersfield making findings that a majority protest has not been made and ordering the territory designated as Proceeding No. 827, Annexation No. 290 (Wible No. 5), annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: Councilman Moore Bakersfield, California, August l, 1984 - Page ]2 NEW BUSINESS Adoption of Emergency Ordinance No. 2931 New Series of the Council of the City of Bakersfield establishing Sewer User Charges and Fees for Fiscal Year 1984-85. This Emergency Ordinance establishes sewer charges, surcharges and fees for Fiscal Year 1984-85. In previous years, these charges and fees have been set by resolution. This hear, as a result of Ordinance No. 2927, they must be set by ordinance. The sewer user charges set by this ordinance are the same as those in effect throughout Fiscal Year 1983-84. The connection fee schedule set by this ordinance is the same as that previously set by Resolution No. 139-83 on December 21, Upon a motion by Councilman No. 2931 New Series of the Council of 1983. Ratty, Emergency Ordinance the City of Bakersfield establishing Sewer User Charges and Fees for Fiscal Year 1984-85, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: Councilman Moore Adoption of Resolution No. 61-84 of the Council of the City of Bakers- field providing for the collection of Sewer Charges by the County Tax Collector. This resolution recites the authority for and provides that sewer user charges for Fiscal Year 1984-85 be collected with Property Taxes by the County Tax Collector. used in Fiscal Year 1983-84.) Upon a motion by Councilman Childs, Resolution No. of the Council of the City of Bakersfield providing for the of Sewer Charges by the County Tax Collector, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Payne, Ratty, Rockoff, Barton, Christensen None Councilman Moore (The same procedure was 61-84 collection Childs, Bakersfield, California, August l, 1984 - Page 13 Adoption of Resolution No. 62-84 of the Council of the City of Bakers- field fixing time, date and place for hearing report; of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing any protests or objections thereto. This resolution will fix the Council Meeting of August 29, 1984, as the time, date and place for hearing the :report of the Building Official as to work done and description of property upon which Dangerous Buildings have been demolished and for hearing any protests or objections thereto. Upon a motion by Councilman Christensen, Resolution No. 62-84 of the Council of the City of Bakersfield fixing time, date and place for hearing report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing any protests or objections thereto, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: Councilman Moore Adoption of Resolution No. 63-84 of the Council of the City of Bakers- field accepting Supplemental Grant Deed for Canal Property from Tenneco West, Inc., and authorizing and approving Quitclaim of Canal Property from City to North Kern Water Storage District relative to right-of-way for the Beardsley Canal. This resolution accepts a Supplemental Grant Deed from Tenneco West, Inc., for a portion of the right-of-way for the Beardsley Canal and approves conveyance of that property by the City to the North Kern Water Storage District. These conveyances are technical refinements of the water rights and property convey- ances between the parties in 1976. Upon a motion by Councilman Barton, Resolution No. 63-84 of the Council of the City of Bakersfield accepting Supplemental Bakersfield, California, August l, 1984 - Page 14 Grant Deed for Canal Property from Tenneco West, Inc., and authorizing and approving Quitclaim of Canal Property from City to North Kern Water Storage District relative to right-of-way for the Beardsley Canal, was adopted by the following roll call vote: Ayes Councilmen Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes None Absent: Councilman Moore Approval of Grant of Easement Agree- ment between the County of Kern and City of Bakersfield for Hart Memorial Park. This agreement provides an easement to the City from the County for electrical power to the City's First Point Metering Structure on the Kern River. Upon a motion by Councilman Barton. Grant of Easement Agreement between the County of Kern and City of Bakersfield for Hart Memorial Park, was approved and the Mayor was authorized to execute same. Approval of Agreement between the County of Kern and City of Bakers- field for street reconstruction on South King Street. The County proposes to reconstruct South King Street between Brundage Lane and Virginia Street. A portion of South King Street, immediately north of Brundage Lane, is within the City Limits. The County agrees to include this area with their project. The staff recommends that: the Cooperative Agreement be approved and that the project be funded from the Miscellaneous Street Improvement Account (Gas Tax Funds). The City's cost is not to exceed $6,575.00. Upon a motion by Councilman Childs, Agreement between the County of Kern and City of Bakersfield for street reconstruction on South King Street, was approved and the Mayor was authorized to execute same. Bakersfield, California, August l, 1984 - Page 15 Approval of Lease Agreement between the Redevelopment Agency and City of Bakersfield for the ]Sth and Eye Streets Parking Structure. A Lease and Reimbursement Agreement is necessary to complete the collateralization of the original bond issue recently transferred to the 18th and Eye Streets Parking Structure. This must occur to insure the City's credit guarantees the operation of the parking structure as defined in the original bonds issued in 1974. Upon a motion by Councilman Rockoff, Lease Agreement between the Redevelopment Agency and the City of Bakersfield for the 18th and Eye Streets Parking Structure, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 64-84 of the Council of the City of Bakers- field providing for the collection of Refuse Charges by the County Tax Collector. Councilman Ratty stated he would abstain from voting on this resolution because he did not vote on it the last time. Upon a motion by Councilman Rockoff, Resolution No. 64-84 of the Council of the City of Bakersfield providing for the collection of Refuse Charges by the County Tax Collector, was adopted by the following roll call vote: Ayes Councilmen Payne, Rockoff, Barton, Childs, Christensen Noes None Absent: Councilman Moore Abstaining: Councilman Ratty ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 7:50 P.M. al MAYOR of the City f · ' , if. ATTEST: cITY CLERK and Ex~f~l~cio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, August 15, 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., August 15, 1984. The meeting was called to order by ~!ayor Shell, rollowed by the Pledge of Allegiance and Invocation by Mayor Shell. The City Clerk called the roll as follows: Present: Absent: Mayor Shell. None Minutes of Councilmen Ratty, Rockoff, Barton, Childs. Christensen, Moore, Payne the budget sessions of July 24 and 25, 1984, and regular meeting of August l, ]984, were approved as presented. PRESENTATION BY MAYOR Mayor Shell presented Certificates to the following volunteers who participated in the City's First Year Cultural Resource Historic Preservation Commission Survey: Mike McCoy (not present) Sharon Bush (not present) Randy ttolbrook Shirley McFadzean Michael Foster Suzan Schultz (not present) SCttEDULED PUBLIC STATEMENTS Ms. Dawn Saunders and Papa Smur£, representing the Ice extended an invitation to the Mayor and Council to attend Capsdes on Wednesday, August 22, 1984, Capades, the Opening Night of the Ice at the Civic Auditorium. Mr. Bob ttutchinson, 3400 Mr. View Road, #]83, in regards to the ordinance on the adenda later in the meeting regarding Adult Bookstores, expressed his concerns that this ordinance would allow a community video store to have 257g of their stock in the Adult or X-Rated category. He requested that it be reduced to 10% to keep pornographic materials out of the family oriented community and shopping centers. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from the City of Corcoran, dated July 30. 1984, requesting support 4O Bakersfield, California, August 15, 1984 - Page 2 of Assembly Bill 999 - Mail Ballots, was received and referred to the Legislative Committee. COUNCIL STATEMENTS Councilman Payne stated staff and the development community are experiencing numerous problems with the Site Over- look Ordinance and made a motion that the matter be referred to the Governmental Efficiency and Personnel Committee for study and recommendation back to the Council. This motion was unanimously approved. Councilman Moore efforts in obtaining new U. Chambers. thanked City Clerk Anderson for her S. and State flags for the Council REPORTS Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 22-S4 regarding Request of Kern County Farmer's Market and Downtown Business Association, as follows: Recently, the Downtown Business Association, in conjunction with the Kern County Farmer's Market Association requested a change in location for the weekly Farmer's Market produce sale. The request was to move the produce sale from 2]st and "M" Streets to the east side of Eye Street between 18th and 19th Streets. The matter was referred to the Budget and Finance Committee for study and recommenda- tion. This Committee met to review the request, the concerns of this Committee, and the concerns and issues raised by City staf[. Pursuant to our meetings, we directed stair members to meet with members of the DBA and the Kern County Farmer's Market Associati(m to review all items of concern in an attempt to reach a satis- factory agreement for both the City and the Farmer's Market. Among the items discussed were: 1. Insurance and indemnification 2. Barricades and traffic control 3. Maintenance and cleanup 4. Notification of all businesses which may be affected 5. Length of the vehicles to be used Bakersfield, California, August 15, 1984 - Page 3 41 6. Number of vehicles permitted 7. Customer parking 8. Time of operations 9. Products to be sold 10. Term of the agreement Also, while discussing the term of the agree- ment between the City and the Association, we felt it important to note the agreement will run through October 27, 1984. As such, we propose this arrangement to be looked at as a "pilot program," and after the October 27 date we will be evaluating the entire program. Pursuant to our discussions, we have concluded that moving the produce sale would be beneficial and, therefore, recommend the City Council approve the request. In order to implement the recommendation, it will be necessary for the City Council to approve the Emergency Ordinance, which will amend the City Code to permit the issuance of an Encroachment Permit for the purpose of the Farmer's Market produce sale. Finally, we recommend the City Council direct the City Attorney to prepare the appropriate agreement between the City and the Kern County Farmer's Market Association and authorize the Mayor to execute. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 22-84 regarding Request of Kern County Farmer'.s Market and Downtown Business Association, was accepted. Adoption of Emergency Ordinance No. 2932 New Series of the Council of the City of Bakersfield amending Section 12.44.010 of the Bakersfield Municipal Code regarding Bus~ness Use of Sidewalks. Upon a motion by Councilman Rockoff, Emergency Ordinance No. 2932 New Series of the Council of the City of Bakersfield amending Section 12.44.010 of the Bakersfield Municipal Code regarding Business Use of Sidewalks, was adopted by the following roll call vote: Ayes: Councilmen Ratty. Rockoff, Barton, Childs, Christensen, Moore, Ratty Noes: None Absent: None 42 Bakersfield, California,, August 15, 1984 - Page 4 Approval of Encroachment Permit with Kern Farmer's Market Association for the operation of a Farmer's Market produce sale on Eye Street between ]Sth and 19th Streets. Upon a motion by Councilman Rockoff, Encroachment Permit with the Kern Farmer's Market Association for the operation of a Farmer's Market produce sane on Eye Street between 18th and 19th Streets, was approved. Councilman Barton, Chairman of the Growth and Develop- ment Committee, read Report No. 9-84 regarding Downtown Improve- ment District 1984-85 Budget, as follows: At the request of businesses located in the downtown area, a Business Improvement District was established in July, 1968, and is defined in Chapter 5.04 of the Municipal Code. The "purpose and intent" of the businesses wishing to establish the Business Improvement District was to impose tax upon those businesses within the District and to use proceeds for promotienal activities. Also, the collection of the tax is made at the same time and in the same manner as the Business License Tax. In addition, the City Code provides that the City Council haw? sole discretion as to how the monies derived from this tax will be used with the scope of the purpose definod in th~ City Code. Based upon projected revenues, a proposed budget is prepared annually. Recently, the City Council received and referred the Proposed ]984-85 Downtown Improvement District Budget to this Committee for study and recommendation. This Committee has met to review and discuss the Proposed Budget, and we find it consistent with the purpose and intent as set forth in the Municipal Code. As such, we recommend the City Council approve the 1984-85 Proposed Budget for the Downtown Improvement District. Upon a motion by Councilman Barton, Growth and Develop- ment Committee Report No. 9-84 regarding Downtown Improvement District 1984-85 Budget, was accepted; and 1984-85 Proposed Budget for the Downtown Improvement Distrit.t, was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 143 to 381, inclusive, in the amount of $1,609,662.~13. Bakersfield, California, August 15, 1984 - Page 5 43 (b) (c) (d) (e (f (g (h (i) (J) (k) (i) (m) Claim for Damages from Debbie Ransom, 380] Basin Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Cecil E. Hall, 2721 Baylor Street, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Brad Earl Hicks, 1709 Frank Court. Bakersfield. (Refer to City Attorney) Claim for Damages from Annie R. Bradford, P. O. Box 1855, Burlingame, California. (Refer to City Attorney) Claim for Damages and Personal Injuries from John liack Barnes, 2604 Elton Avenue, Bakersfield. (Refer to City Attorney) Street Right-of-Way Deed from Buena Vista Limited Partnership and Calvary Chapel of Bakersfield, Inc., providing dedication for portions of Buena Vista Road, Fraser Road and Mountain Vista Drive, as required for Lot Line Adjustment 160, located south of Fraser Road, east of Buena Vista Road. Sewer and Flowage Easements from Presidio Savings & Loan Association for sewage and drainage purposes, as required by the Planning Commission for Parcel Map No. 6778, located south of White Lane, east of Stine Road. Street Right-of-Way Deed from Steven C. Valentich providing dedication for a portion of Denise Avenue, as required for Lot Line Adjustment 162, located south of Denise Avenue, east of Manor Drive. Street Right-of-Way Deed from Jerry and Elaine Esten, located on south side of 34th Street, approximately 270 feet west of Union Avenue, for construction of street improvements at the Eastside Canal. Indenture between the City of Bakersfield and Southern Pacific Transportation Company providing easement to alIow City Domestic Water pipeline crossing at Gosford Road and Southern Pacific Railroad. Underground Utility Easement from City of Bakersfield to Pacific Gas and Electric Company for construction of an underground electric junction box which will extend l0 feet into the Patriots Park right-of- way. The box will be flush with ground and will not interfere with any City facilities. Map of Tract No. 4705 and Improvement Agreement with Tenneco ReaIty Development Corporation for construction of improve- ments therein, Iocated northerly of White Lane between Gosford Road and Old River Road. 44 Bakersfield, California, August 15, 1984 - Page 6 (n) (o) (P (q (r (s) (t) (u) Improvement Agreement for Parcel Map No. 6778 with Presidio Savings & Loan Associa- tion for construction of improvements required by the Planning Commission, located south of White Lane, east of Stine Road. Improvement Agreement for Lot Line Adjust- ment 162 with Mobiletown Company for construction of improvements required for Lot Line Adjustment 162, located south of Denise Avenue, east of Manor Street. Notice of Completion and Acceptance of Work on furnishing and installing a deep well turbine pump and motor for Ashe Water Pump Plant No. 14, Contract No. 84-103 with S. A. Camp Company. Notice of Completion and Acceptance of Work on concrete block pumphouse for Ashe Water Pumping Station No. 14, Contract No. 84-105 with Omega Construction. Notices of Completion and Acceptance of Work on: Resurfacing a portion of White Lane - F.A.U. Project No. M-F 244(]), Contract No. 84-]52 with Granite Construction Company. Fire Station No. 3, Saunders Park, Contract No. 83-208 with Gen-Par Construction, Inc. Traffic Signal System on Truxtun Avenue at Mohawk Street, Contract No. 84-83 with A. C. Electric. Parcel Map No. 6452, Contract No. 82-213 with Palo Verde Investments, located at Oswell Street and Freeway 178. Application for Encroachment Permit from Robert N. Rodriquez, 4800 Easton Drive, Bakersfield, for construction of a four foot high wrought iron fence behind side- walk of model sales homes at 4900 through 4912 Gaylene Avenue on the west side of the street. Application for Encroachment Permit from James B. and Bonnie M. Peters, 1708 Glen- arm Court, Bakersfield, [or construction of a 6 foot high masonry block fence behind sidewalk on Sinclair Street at 1708 Glenarm Court. Adjacent property owner signed a petition approving the request. Application for Encroachment Permit from Bakersfield Redevelopment Agency, ]50] Truxtun Avenue, Bakersfie]d, for con- struction of a 14 inch by 16 foot metal "Public Parking" sign on the 18th Street. side of the 18th and Eye Streets Parkinz Garage, encroaching ]4 inches into the right-of-way. This project was reviewed by the Design Review Board. Bakersfield, California, August 15, 1984 - Page 7 45 (v) Plans and Specifications for the Interim Construction Improvements to Wastewater Plant No. 3. (w) Plans and Specifications for resurfacing a portion of Hughes Lane between Wilson Road and Hing Avenue. (x) Agreement between and Omar Dunn for skating. the City of Bakersfield instruction in Roller- (y) Request for Approved Leave Without Pay for Street Maintainer James King. Mr. King is presently on a 30 day leave of absence without pay due to Valley Fever. He Js requesting an additional 30 day leave, which will carry him through September 15, 1984. (z) Request for Approved Leave Without Pay for Sanitation Worker II James Morris. Mr. Morris is presently on a 30 day leave of absence without pay due to Heart Surgery. He is requesting an additional four months leave, which will carry him through December 12, 1984. (aa) Application, Permit Form and Rules and Regulations for sale of food and beverages from portable concession vehicles in City Parks. (bb) Storm Drain Easement from J. H. Develop- ment as required for development of Parcel Map No. 6790, located along the south side of Truxtun Avenue, east of Mohawk Street. Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m) (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), (z) (aa) and (bb) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Moore, Payne Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Ratty, bid of Three Way Chevrolet, in the amount of $38,992.92, for three four door sedans, was accepted. Upon a motion by Councilman Rockoff, low bid of James G. Francis, in the amount of $258,477.50, for resurfacing Panorama 46 Bakersfield, California, August 15, 1984 - Page 8 Drive and Oswell all other bids contract. Upon Street, F.A.U. Project No, M-3007(6), was accepted, rejected and the Mayor was authorized to execute the a motion by Councilman Moore, low bids of Graybar (2 items), in the amount of $3,567.96, and Stewart Electric (3 items), in the amount of $3,677.99, for Light Fixtures and Globes, were accepted and all other bids rejected. Upon a motion by Councilman Ratty, low bid of E & S Electrical Contractors, in the amount of $3,990.00, for installation of Vehicle Detector Loops on Oak Street at Truxtun Avenue, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bid of Granite Construction, in the amount of $99,476.00, for Calcutta Drive Storm Drain, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. HEARINGS This is the time set for public Council for the purpose of considering an Conditional Use Permit (C.U.P. No. 4101), hearing before the application for a requested by Greater Bakersfield Memorial Hospital for construction and operation of a Helipad at the Greater Bakersfield Memorial Hospita]~ located north of 34th Street, east of San Dimas Street. This hearing was duly adw~rtised and the property owners notified as required by law. The facility will be used for helicopter transportation of hospital Hospital at month. The would not pation. patients to an average frequency of 38 operations (19 Helipad may only be used as a landing pad be allowed other than for emergencies. Mayor and from Greater Bakersfield Memorial flights) per and maintenanoe Shell declared the hearing open for public partici- Bakersfield, California, August 15, 1984 - Page 9 47 Mr. Maynard Ridlon, 502 - 31st Street, stated he does not object to the Hellpad and his first question was answered; that the pad would be on the roof of the hospital. He is concerned about the danger of the high voltage lines and asked why they were not shown on the drawing. Planning Director Sceales stated there are high voltage lines in the area. This item has been before the F.A.A. and County Airport Commission and the transmission lines were looked at. The approach and takeoff patterns are parallel to those lines. Councilman Moore stated each Councilman received a copy of a letter from Mike Moore, District Manager of Pacific Gas and Electric Company, that states; "The transmission lines east of your buildings are located well out of the landing approach and site, however, the F.A.A. may require the installation of warning lights on one or more of these towers. If that becomes the case the cost of installation wi]] have to be borne by the hospital." 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 deliberatio13 and action. Councilman Barton suggested that the approach and departure patterns, as per plans on file, be made a condition on the Conditional Use Permit. He wants to make sure that in the future the Council does not get into a noise pollution problem with the surrounding neighbors. City Attorney Oberholzer stated there is a condition on the Conditional Use Permit that will allow the Council to revoke or amend the permit if there are complaints about noise. In answer to a question by Councilman Childs, Mr. Herman Riddell, Vice-President of General Services of Greater Bakersfield Memorial Hospital, stated the building selected for the Helipad is the primary care center built in 1968 and it was designed to carry a rooftop heliport. This building now houses the Emergency Room. 48 Bakersfield, California, August 15, 1984 - Page 10 Councilman Ratty made a motion to approve the Negative Declaration and Conditional Use Permit No. 4101, requested by Greater Bakersfield Memorial Hospital for construction and operation of a Helipad at the Greater Bakersfield Memorial Hospital, located north of 34th Street, east of San Dimas Street; finding that the proposed use is deemed essential or desirable to the public con- venience and/or welfare and is objectives of the General Plan; conditions: 1. in harmony with the elements and and subject to the following Limit average monthly activity to 38 operations (an operation consists of a take-off or a landing). Helipad facilities may only be used as a landing pad. No maintenance other than for emergencies shall occur on the site. If the City receives what is determined to be a significantly large number of com- plaints related to Hellpad operations. the City reserves the right to review and amend or add conditions, or revoke permit privileges. After discussion, Councilman Ratty's motion was by the following roll call vote: Ayes: Councilmen Ratty, Moore, Noes: Absent: Council written approved None None This is the Rockoff, Barton, Childs, Christensen, Payne time set for public hearing before the of the City of Bakersfield for the purpose of receiving and oral testimony regarding Transit needs in the City of Bakersfield. This hearing was duly advertised and posted as required by law. pation. suggested Routes ]8 Mayor Shell declared the hearing open for public partici- Mr. Eric Foss, resident of Southwest Bakersfield, that Golden Empire Transit District extend the hours of and 19 to allow people in the southwest to use the buses Bakersfield, California, August 15, 1984 - Page ll 49 after 5:15 P.M. That area other areas. He also suggested that service be appointed to the Board of District. does not have half hour service like someone who uses the bus the Golden Empire Transit Mr. Steve Ruggenberg, General Manager of Golden Empire Transit District, stated they will begin an operations analysis in September and they will address the questions brought up tonight regarding level and nature of services. No one else wishing to speak, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 65-84 of the Council of the City of Bakersfield finding there are no unmet public transportation needs which could be reasonably met, was adopted by the following roll ca]] vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Moore, Payne Noes: None Absent: None Upon a motion by Councilman Ratty, Resolution No. 66-8,4 of the Council of the City of Bakersfield authorizing the filing of an Application with the Kern County Council of Governments for allocation of Transportation Development Act Funds for Fiscal Year was adopted by the following roll 1984-85, call vote: Ayes: Councilmen Ratty, Rockoff, Barton. Childs, Christensen, Moore, Payne None None Councilman Rockoff, Noes: Absent; Chairman of the Budget and Finance Committee, read Report No. 21-84 regarding Request of Buena Vista School District, as follows: In September, 1982, the City Council adopted an ordinance implementing the provisions of Section 65974 of the Cali[ornia Government Code. The ordinance authorizes the Council to require dedication of land or fees or both, by subdividers and builders who desire to construct new housing developments in school districts 5O Bakersfield, California, August 15, 1984 - Page 12 which are determined to be overcrowded. The enactment of the ordinance was prompted by a request of Panama Union School District for the purpose of relieving the overcrowded conditions in the district. Subsequent to the adoption of the ordinance, and. as the ordinance provides, the City Council held a public hearing and adopted a resolution setting forth fees imposed upon rosidentia] development in the Panama Union School District. Earlier this year, similar requests were received from Rosedale and Greenfield Union School Districts. As was done with the request for Panama the City Council held public hearings and approved the fees for residential development. Recently, the City Council received a simllar request from the Buena Vista School District. The matter was referred to this Committee for study and recommendation. This Committee has met with City staff members and staff members of the school district. Also, we made certain that any and all affected builders and developers were personally contacted so they would be apprised of the request of Buena Vista School District. Included in our discussions was the desirability and importance of consistency among the school districts with regards to the various fees. We noted that all previous requests and approved fee structures were consistent and that the request of Buena Vista School District was consistent with those approved. Prior to adoption of the necessary resolution, the City Council must hold a public hearing on the proposed fee and that hearing has been noticed and scheduled for this evening, August 15, in conjunction with our reconm~endations contained in this report. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 21-84 regarding Request of Buena Vista School' District, was accepted. This is the time set for public hearing for the purpose of considering adoption of a Resolution making findings; and setting forth fees to finance interim school facilities, payable as a condition of approval of residential development, for relieving the overcrowded conditions in the Buena Vista School District in that portion of the attendance areas of the District that are in the City of Bakersfield, generally described as that area east of Buena Vista Road, south of Ming Avenue, west of Old River Road and north of Pacheco Road. Bakersfield, California, August 15, 1984 - Page 13 51 This hearing was duly advertised, posted and all interested parties notified as required by law. 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, Resolution No. 67-84 of the Council of the City of Bakersfield concurring in findings of overcrowding, making other findings, and establishing fees in lieu of dedication of land (interim classroom and related facilities - Buena Vista School District; Chapter 15.70 of the Bakersfield Municipal Code), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Moore, Payne Noes: None Absent: Councilman Christensen Mr. Steve Hartsell, representing the Board of Trustees of the Buena Vista School District, expressed the Boards appreciati,3n for the Council's continuing interest in the future of education and thanked the Council for the action they took tonight. NEW BUSINESS Environmental Impact Report for the Redevelopment Element of the Bakers- field Metropolitan Area General Plan. Councilman Ratty stated that due to a real or imaginary conflict of interest he would not participate in this matter or the public hearing on the Redevelopment Element of the Bakersfield Metropolitan Area General Plan. Economic Development Coordinator Kennon reported that the Redevelopment Element of the General Plan is a culmination of over three years of study and input received from various groups and individuals. It represents a very progressive and forward look at the economic development of the central city. One of the major components of it is the issue of redevelopment and establishment of guidelines and criteria. It is felt, as structured, it will promote 52 Bakersfield, California, August 15, 1984 - Page 14 growth and diversification of a much higher utilization of the central city. It does not represent a modification of the Redevelop- ment Plan or project area. It does not represent, nor does it have an impact, on the use of tax increment financing for the area out- side the project area. It does not recoznmend an implementation tool as an expansion of the project area. It simply deals, on a generalized basis, with establishment of policy and guidelines for the economic development and revitalization of the central city. It has received extensive review through public hearings on estab- lishing goals and objectives, establishing the study area and land use. The Planning Commission recommended approval. This is the .final step and will become part of the General Plan of the City of Bakersfield. In answer to a question by Councilman Rockoflf, Economic Development Coordinator Kennon stated the document before the Council is intended to be a guideline that establishes policy and will be flexible. Councilman Rockoff stated he does not agree with the portion of the document that suggests that Chester Avenue be changed from a six lane to a four lane thoroughfare. In response to Councilman Payne, Economic De'~elopment Coordinator Kennon read a statement contained in a letter that was sent to each Councilman, as follows: "The City of Bakersfield would be liable for all Police and Fire services to a proposed addition of 16 Police Officers and related equipment and ]6 Firemen and related equipment with no tax revenues bein[; realized from the proposed Redevelopment Area above the frozen levels of today." Mr. Woody Trescher, Bicom Corporation, responding to the statement stated, the Environmental Impact Report has ]projected the number of additional Police Officers, Firemen, etc., that would be required on the full build out of the Redevelopment Element permitted by the land use designations. The expanded area, study area, does not convey expansion of the Redevelopment Project Bakersfield, California, August 15, 1984 - Page 15 Area; what the project of public service demands re]ate to natural evolution of the area to the land uses permitted. In other words, if this area were to build out to all the uses, it does not bear a realtionship to the City having to pay for that kind of services. Those services are now provided and they would continue to be financed by the same mechanisms in the futures. This does not alter the current financing mechanism to provide those levels of services. Mr. Dave Wilcox, Economic Research Associates, stated he believes the matter quoted in the letter came from the text of the E.I.R. document. The intention is, as developed in the document, that as the city center builds and revitalizes and new economic activity arrives, the City will receive additional flows of funds to the Genera] Fund, which the City relys on to pay for Police, Fire and other services. These funds come from Sales Tax, Business Licenses and Motel Taxes, not simply from Property Taxes, which is the source of tax increments. Those- funds would flow into the General Fund and the City would be able to pay for the additional Police, Fire, Public Works and other kinds of costs in the center city. Councilman Christensen stated that many of the people in the Second Ward would like the right to vote on whether or not they want to undertake the liabilities of the proposed downtown develop- ment. After considerable discussion, in answer to a question by Mayor Shell, City Attorney Oberholzer stated that before the Council acts on the Environmental Impact Report it would be appropriate to conduct the public hearing on the Proposed Redevelopment Element of the General Plan. After that hearing the Council should take actiol~ on the Environmental Impact Report before the Redevelopment Element. HEARINGS (Continued) This is the time set for l~ublic hearing before the Council for the purpose of hearing any person desiring to be heard 54 Bakersfield, California, August 15. 1984 - Page 16 on the matter of the approval by the City Council of the Proposed Redevelopment Element of the Bakersfield Metropolitan Area General Plan. This hearing was duly advertised. The Planning Commission approved the Proposed Redevelop- ment Element of the Bakersfield Metropolitan Area General Plan at its regular meeting of July 19, 1984. The Proposed Redevelopment Element addresses land use, urban design, transportation (including clrculation, parking and public transit), commercial preservation in the central constitutes an amendment to rehabilitation, housing and historic area (downtown), of Bakersfield, and the Land Use Element and Circulation Element of the Bakersfield Metropolitan Area Genera] Plan. Letters have been received from the Downtown Business Association, Greater Bakersfield Chamber of Co~rm~erce and Community First Bank endorsing the adoption and implementation of the Redevelopment Element. Mayor Shell declared the hearing open for public partici- pation. Mr. Tom Fallgatter, Attorney, stated he owns a parcel of property in the area that has been designated for government use and asked what that means. The property is currently zoned M-1 and he asked what the implementation procedure would be. He also asked if a transportation use is allowed in the government designa- tion. The government designation concerns him as to what it can be used for. Economic Development Coordinator Kennon stated an area has been indicated, based on the needs of various governmental agencies, for a concentration of governmental uses in an efficient manner. Other uses (office, commer~tial and retail), are also permitted within that area, based on the guidelines of that particular zone. Each area delineated as a specific use profile will be individually studied and the zoning requirement of those Bakersfield, California, August 15, 1984 - Page 17 55 Casper's Williams Avenue areas established and recommended to the Planning Commission. The Planning Commission will review it, as they do any changes in the Zoning Ordinance, and it would then go to the Council for approval. It would be the normal process. Transportation uses would be permitted. That area is also designated as an area where a multi- modal type of transportation facility could be located. There is flexibility in the designation. Mr. Fallgatter stated he feels, basically, it is a great plan. Mr. Fred McKenna, Vice-President of the Downtown Business Association, stated they are present tonight to express support for the adoption of the Redevelopment Element and it is a matter of great concern to downtown business people. Many are anxious for the City to adopt the Redevelopment Element so they can proceed with planning their own rehabilitation projects. Mr. McKenna presented letters endorsing the adoption of the Redevelopment Element from the following: Henley's Photo, Inc., 200 "H" Street Men's Store, 1809 Chester Avenue Red Wing Shoe Store, 2025 Chester Globe Loan & Jewelry Co., 1124 Cal-Western Properties, 1527 Milazzo & Associates, Architects, Avenue, Suite 120 Mr. McKenna read a Association, dated August 14, 19th Street ]9th Street implementation of the Redevelopment Element of the General Plan. Mr. Bruce Keith, representing the local Golden Empire Chapter of the American Institute of Architects, expressed their gratitude that the Redevelopment Agency was formed a few years ago to look into the problem of the downtown area. He congratulated the Redevelopment Agency on the commitment they have undertaken in preparing the document before the Council tonight. They support 1200 Truxtun letter from the Downtown Business 1984, endorsing the adoption and 56 Bakersfield, California, August 15, 1984 - Page 18 the Redevelopment Element and stated that the Golden Empire Chapter of A.I.A. would like to become more involved with this matter. One of their goals, this year and in the future, is a commitment to the. downtown area. Mr. Keith offered their professional help in the matter. Mrs. Martha Walters, 330l Dwight Street, expressed her opposition to the Redevelopment Element and asked if the cost of property proposed to be acquired by Eminent Domain and replacement costs~ at taxpayers expense, had been totaled and if each proposed acquisition would be appraised. City Attorney Oberholzer stated property that is acquired by the C~ty is appraised. After considerable discussion, Mrs. Walters stated if any Councilman had not read the document he should abstain from voting on the matter and the hearing rescheduled for another time. Then, in her opinion, the Council's disapproval of ment Element off the General Plan is the only in good conscience. can make. the Proposed Redevelop- decision the Council, 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. Councilman Rockoff stated he plans to support the motion to approve the Redevelopment Element of the General Plan, however, he would like the record to show that his vote does not commit him to a four lane Chester Avenue. Upon a motion by Councilman Moore, Environmental Impact Report for the Redevelopment Element of the Bakersfield Metropolitan Area General Plan, was approved by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs. Christensen, Moore, Noes: None Absent: None Abstaining: Councilman Ratty Payne Bakersfield, California, August 15, 1984 - Page 57 Upon a motion by Councilman Moore, Resolution No. 68-84 of the Council of the City of Bakersfield adopting Redevelopment Element of the Bakersfield Metropolitan Area General Plan and Environmental Impact Report therefor, was adopted by the following CouncilmenRockoff, Barton, Childs, Christensen, Moore, Payne Noes: None Absent: None Abstaining: Councilman Ratty NEW BUSINESS (Continued) First reading of an Ordinance of the Council of the City of Bakersfield amending Section 5.06.010 A. of the Bakersfield Municipal Code relating to Definitions - Adult Bookstores. This ordinance amends the definition of Adult Bookstores in Section 5.06.010 A. of the Bakersfield Municipal Code to eliminate from such definition and from the regulations of Chapter 5.06 video cassette and disc rental and sales businesses, where such businesse:s do not include facilities for the public to view such tapes on 'the premises, where adult tapes are not more than twenty-five percent (25%) of the businesses'stock, and where no other harmful matter is sold, rented or displayed. Under the ordinance now in effect, any video store carrying a single adult tape must obtain a license as an Adult Bookstore. Councilman Moore stated he endorses the recon~mendation made by Mr. Bob Hutchinson earlier tonight and asked what necessitates the need for any change in the existing ordinance that would require any business selling X-Rated video to license under the provisions of an Adult Entertainment Center. City Attorney Oberholzer stated that when the Council adopted the Adult Entertainment Ordinance it was specifically designed for places that displayed merchandise and allowed people to go in and look at video tapes. It was not designed [or video roll call vote: Ayes: 58 Bakersfield, California, August 15, 1984 - Page 20 rentals for home television. There are a number of those through- out the City that have not created a problem from an enforcement standpoint or creating blight. The video rental business has spread throughout the community, however, they also come under the requirements for separate distances, if they are included in the definition of Adult Entertainment. Apparently, the video rental businesses carry a percentage of those tapes. Since it has not been a problem for the City it was felt it would be inappropriate to start regulating that field. The regulations have to be reasonable and to say they could not have any would border on constitutional problems with respect to freedom of speech and expression. The establishments, under the proposed ordinance, cannot sell magazines, pictures or movies. They can only rent or sell videos, with a 25% limitation. A 10~ limitation would be an acceptable level to meet the constitutional requirments. Councilman Moore made a motion that first reading be considered given an Ordinance of the Council of the City of Bakers- field amending Section 5.06.020 A. of the Bakersfield i!~unicipal Code relating to Definitions - Adult Bookstores, limiting the businesses' stock of adult tapes to 10%. Councilman Barton stated he does not like th,e 25% or 10% figure and offered a substitute motion that first reading be considered given an Ordinance of the Council of the City of Bakers- field amending Section 5.06.010 A. of the Bakersfield ~unicipal Code relating to Definitions - Adult Bookstores, limiting the businesses' stock of adult tapes to 1% or a total inventory of not more tban 5 adult tapes. City Attorney Oberholzer stated that to 1% or 5 tapes would only invite a number of video tapes are not displayed and these organizations, pursuant to the ordinance, cannot have a video display booth in their establish- ment and they cannot show the tapes. A person can only rent them. They do not have a book to look through. If they do have books or magazines that contain obscene or harmful matter then ~hey fall limiting the business lawsuits. These Bakersfield, California, August 15, 1984 - Page 21 59 under the City's Adult Entertainment Ordinance. The calls received in the City Attorney's Office indi~ated that 10% is a number that would be acceptable, because it is a usual standard of the business. One that would not essentially jeopardize their operations. Councilman Childs made a motion to call for the question. This motion was unanimously approved. Councilman Barton's substitute motion that first reading be considered given an Ordinance of the Council of the City of Bakersfield amending Section 5.06.010 A. of the Bakersfield Muni- cipal Code relating to Definitions - Adult Bookstores, limiting th~ businesses' stock of adult tapes to 1% or a total inventory of not than 5 adult tapes, failed to carry by the following roll call more vote Ayes Noes Absent: Councilmen Barton, Moore~ Payne Councilmen Ratty, Rockoff~ Childs~ Christensen None Councilman Moore's motion that first reading be considered given an Ordinance of the Council of the City of Bakersfield amending Section 5.06.010 A. of the Bakersfield Municipal Code relating to Definitions - Adult Bookstores, l~miting the businesses' stock of adult tapes to 10%, carried by the Following roll call vote: Ayes: Councilmen Ratty, Rockoff, Childs, Christensen, Moore, Payne Noes: Councilman Barton Absent: None Councilman Childs clarified his vote by stating he agrees with Councilman Barton and would like to see 0% also, but in lieu of the information given by the City Attorney he supported the 10%. Adoption of Emergency Ordinance No. 2933 New Series of the Council of the City of Bakersfield amending Sections 8.32.030 A. 1., 8.32.030 B. and 8.32.030 C. of the Bakersfield Muni- cipal Code relating to Refuse Collection Charges. The existing Refuse Collection Ordinance contains refuse rates in excess of those adopted by the City Council in the Flscal 6O Bakersfield, California, August ]5, 1984 - Page 22 Year 1984-85 Budget. This Emergency Ordinance revises the schedule of Refuse Collection Charges to specify an annual, than monthly, rate for residential property of and sets those charges at $17.00 per year, the during the budget hearings. Upon a motion by Councilman Rockoff, Emergency Ordinance No. 2933 New Series of the Counci] of the City of Bakersfield amending Sections 8.32.030 A. 1., 8.32.030 B. and 8.32.030 C. of the Bakersfield Municipal Code relating to Refuse Collection Charges, was adopted by the following roll call vote: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Moore, Payne None None Ayes Noes Absent: present rather four or less units amount established vote: Ayes: Noes; Absent: Councilmen Ratty, Moore, None None Rockoff, Barton, Childs, Christensen, Payne Authorization granted to staff to submit the Community Development Block Grant Grantee Performance Report for 1983-84 to HUD for review. Adoption of Resolution No. 69-84 of the Council of the City of Bakers- field providing for the collection of Refuse Charges by the County Tax Collector. This resolution provides for the collection by the County with Property Taxes of Refuse Charges for residential property pursuant to rates set by the preceding Emergency Ordinance. Resolution No. 64-84, which specified the charges as provided in an earlier ordinance, is repealed. Upon a motion by Councilman Rockoff, Resolution No. 69-84 of the Council of the City of Bakersfield providing for the collection of Refuse Charges by the County Tax Collector and re- pealing Resolution No. 64-84, was adopted by the following roll Bakersfield, California, August 15, 1984 - Page 23 61 Pursuant to Section 104(d) of the Housing and Community Development Act of 1974, each jurisdiction receiving Community Development Block Grant Funds must report to HUD on the progress of activities funded for the past program year. This report is due to HUD by August 31, 1984. Upon a motion by Councilman Barton, staff was authorized to submit Community Development Block Grant Grantee Performance Report for 1983-84 to HUD for review. Authorization granted to staff to submit the Jobs Bill Grantee Perform- ance Report for ~983-84 to RUD for review. A condition of the Jobs Bill Program funding requires that Entitlement Cities submit a Grantee Performance Report to the Department of Housing and Urban Development on the Jobs Bill funded activities. This report is due to HUD by August 31, 1984. Upon a motion by Councilman Christensen, staff was authorized to submit Jobs Bill Grantee Performance Report for 1983-84 to HUD for review. Agreement between the County of Kern and City of Bakersfield for street reconstruction on Wilson Road between Akers and Stine Roads. The County proposes to reconstruct Wilson Road between Akers and Stine Roads. A small portion of W~lson Road is within the City Limits. The County agrees to include this area with their project. The staff recommends that the Cooperative Agreement be approved and that the project be funded from the ~aintenance Street Improvement Account (Gas Tax Funds). The City's cost is not to exceed $1,700.00. Upon a motion by Councilman Ratty, Agreement between the County of Kern and City of BakersfEeld for street reconstruction on Wiison Road between Akers and Stine Roads, was approved and the Mayor was authorized to execute same. 62 Bakersfield, California August 15, 1984 - Page 24 CLOSED SESSION Upon a motion by Councilman Christensen, the Council recessed to a Closed Session at 110:05 P.M. to discuss Litigation. The regular meeting was reconvened at 10:29 P.M. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:30 P.M. ? MAYOR of th?~City of Bakersfield, Calif. ATTEST: CITY (CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, August 29, 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., August 29, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend David Arkins of the Wesley United Methodist Church. Absent: The City Clerk called the Mayor Shell. roll as follows: Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne, None Minutes ef Regular Meeting ef August as presented. Ratty 15, 198.1, were approved SCHEDULED PUBLIC STATEMENTS Mr. Chris Parke, 3116 Edmonton Avenue, Apartment A, thanked Mayor Shell and the Council for supporting his wheelchair challenge from Bakersfield to Sacramento and back to Bakersfield, a 644 mile trip, to begin on September 10, ]984. The funds will be placed to benefit the National Association for people with disabilities, a local charity doing good work for people in our community. Mayor Shell read the Proclamation proclaiming September 10, 1984, as "Chris Parke Day", and congratulated and thanked him for coming before the Council. Mr. Mark Dickerson, 5404 Krista Street, expressed his con-- cerns regarding the railroad crossings on Stine Road, south of Whfte Lane and north of Pacheco Road; on Wible Road, north of Pacheco and south of ~Vhite Lane; and proposed traffic signal at Marella Way and California Avenue. He suggested establishing a procedure using a log for handling complaints to the City. Upon a motion by Councilman Childs, Mr. Dickersoh's con- cerns regarding traffic issues were referred to the Traffic Authority. 64 Bakersfield, California, August 29, 1984 - Page 2 CORRESPONDENCE Upon a motion by Councilman Moore, communication from Kern High School District, 2000 Twenty-Fourth Street, dated August 15, 1984, regarding notification of available school district property For sale was received and the City Clerk instructed to notify the Kern High School District that the City would not submit an offer for the property. COUNCIL STATEMENTS Councilman Moore stated he read an article in the Bakers- field Californian which indicated fifteen members of the Bakersfield Police Department would be making a 150 mile relay from Morro Rock to the Kern County Fair Grounds beginning September 2 and finishing September 3, 1984, in an ef[ort to raise money for Muscular Dystrophy. tie congratulated and commended Chic[ Price's Departmen~ for their interest in such an event. Councilman tee, read Report No. Rockoff, REPORTS Chairman of Budget and Finance Commit.- 23-84 regarding Waiver of Business License Fees for Arts and Crafts Fairs, as follows: The Kern County Public Employees Association, SEIU Local 700, submitted a request dated June 27, 1984, to the City Council regarding waiw~r o[' business license fees l'or an arts and crafts fair. The matter was referred to the Budget and Finance Committee for review and recommendation. The existing ordinance provides no methods for ,~aiving the business license fee. It is also a mandatory requirement that all persons doing business in the City of Bakers[ield must obtain a business ~icense. The committee concluded that neither of these requirements should be altered. However, since arts and crafts fairs are normally of limited duration, the committee is of the opinion that an annual business license should not be a requirement ~mposed upon such events. In order to provide a realistic fee for these events, the attached ordinance is recommended for adoption which provides for a minimum fee of $25 and a maximum Ice of $100 to cover all business Iicenses of persons participating in arts and crafts fairs that do not last longer than five days. Bakersfield, California, August 29, 1984 - Page 3 65 Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 23-84 regarding Waiver of Business License Fees for Arts and Crafts Fairs, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield adding Class No. 92 to Section 5.02. 300 of the Bakersfield Municipal Code regarding Flat Rate Business Tax for Arts and Crafts Fairs. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Class No. 92 to Section 5. 02.300 of the Bakersfield Municipal Code regarding Flat Rate Busin- ess Tax for Arts and Crafts Fairs. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 382 to 754, inclusive, in the amount of $1,240,618.09. (b) Claim for Damages from Leonard Keith Mayhue, 6913 Natchitoches Way, Bakersfield. Refer City Attorney) to (c) Claim for Damages and Persona] Injuries from Joseph L. Coley, 2703 Center Street, Bakers- field. (Refer to City Attorney) (d) Claim for Damages from Karo] Kidd DeCastro, 200 E1 Tovar Court, Bakersfield. (Refer to City Attorney) (e) Public Utilities Easement from Tenneco Realty Development Corpora[ion. providing an easement as required for Tract~ No. 4601, located easterly of Old River Road and north of Southern Pacific Railroad. (f) Grant Deed from Dan B. Speare Broadcasting Enterprises, Inc., providing a Grant Deed for a drainage retention basin as required by the Planning Commission ['or Tract No. 5716, located south of Pacbeco Road, east of Akers Road. (g) Agreement to rescind existing Improvement Agreement No. 82-212 between the C~ty of Bakersfield and Bartart Northern California, Inc. Improvement Agreement No. 82-212 for Tract No. 4635 can be rescinded because the property has been resubdivided under Tract No. 4618 and a new Improvement Agreement for this Tract has been approved by Council. G6 Bakersfield, California, August 29, 1984 - Page 4 (h) (i) (J) (k) (1) (m) (n) (o) (p) (q) Improvement Agreement for Street Improw~ments with B & D Properties as required for Site Plan Review No. 426-C, located at 3204 Gulf Street, at the northwest corner of Gulf Street and proposed Arrow Street. Notices of Completion and Acceptance of Work on: Traffic Signal System at White Lane and Akers Road, White Lane and Ashe Road, Planz Road and Wible Road, Contract No. 84-21, with E & S Electrical Contractors. Repair work on secondary digester at Waste- water Treatment Plant No. 2, Contract No. 84-69, with Contronics, Incorporated. Brundage Lane Water Main Extension (Westminster Project), Contract No. 84-59, with California Water Service Company. Resurfacing Pierce Road, Rosedale Highway to Calloway Canal, Contract No. 84-]88, with Granite Construction Company. Fallbrook Street Storm Drain, Contract No. 84-137, with Kenneth T. Endes. Application for Encroachment Permit from Saint John Manor Housing Corporation, for construc- tion oF a 2 foot 6 inch high monument style identification sign l'or St. John Manor elderly housing, located within the right-of-way, 4 feet behind the sidewalk at 900 4th Street. Plans and Specifications for extending a pipe culvert, providing [or the widening of Pacheco Road and Branch 1 of the Kern Island Canal. Plans and Specifications for realignJng a portion of the Kern Island Canal and construc- ting a bridge at Panama Lane. Plans and Specifications for extension of an existing reinforced concrete culvert on Planz Road at the Kern Island Canal. Plans and Specifications for construction of Canal Culvert and Street Widening on Harris Road near Wib]e Road. Plans and Specifications for Union Avenue Culvert Extension at Eastside Canal. Plans and Specifications for Centennial Park Sump Improvements, Phase I. Contract Change Order No. 1 to Contract No. 84-59 with W.M. Lyles Company for work on the Westminister Ceramics Project, 2201 East Brundage Lane. This Change Order is necessary io correct unstable soil along the right-of-way for the on site water line, for th~s project. Bakersfield, California, August 29, 198~ - Page 5 67 (r) Supplemental Agreement to the Master Agreement for Federal Aid Project on Planz Road, from South Chester Avenue to Union Avenue. This supplement sets the terms and conditions for Federal participation on this project. (s) Agreement with Optimal Data Corporation for collection of Parking Citation Bail Forfeitures and performance of related functions (recommended by Budget and Finance Committee Ref~ort No. 7-84 and accepted by Council on June 27, 1984). (t) Agreement between the City of Bakers- field and Bakersfield City School Dis- trict for conducting and maintaining a program of planning and supervising a recreational activity pursuant to Education Code. (u) Agreement between tho City of Bakers- field and Judy Morris for instruction in Stain and Lead Glass. (v) Agreement between the City of Bakers- field and Carmen Lesson for instruction in Po]ynesian Dances. (w) Agreement between the City of Bakers- field and Gail Mahan for instruction in Sign Language. (x) Request for Leave of Absence Without Pay for Police Department Telecon~unicator Carol Ann Smith. Mrs. Smith is presently on a 30-day Leave of Absence without pay, for maternity reasons, which will term- inate on August 22, 1984. She is requesting an additional 39-day Leave of Absence, which will carry her to October 1, 1984. 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 approved by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne, Ratty Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Moore, low bid of Granite Construction Company, in the amount of $63,]70.00, for construction of street improvements on Camino Media between Forum Way and Maggin 68 Bakersfield, California, August 29, ~984 - Page 6 Oaks Boulevard, was accepted, all other bids rejected, and the Mayor authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of W. M. Lyles Company, in the amount of $73,881.00, for construction of Water Mainline on Carrier Canal near Truxtun Avenue, Partridge Avenue and Quailridge Drive - Phase I, was accepted, the other bid rejected, and the Mayor authorized to execute the contract. Upon a motion by Councilman Christensen, usual bidding requirements were dispensed with, in accordance with Section 3.20. 60 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price, within the amount budgeted, for five used cars for Surveillance Work. Upon a motion by Councilman American Fence Company, in the amount Christensen, low bid of of $24,856.00, for construction of Chain Link Fencing on Carrier Canal from Waste Gate to Manor Street, was accepted, the other bid rejected, and the Mayor author- ized to execute the contract. Upon a motion by Councilman Moore, low bid of S. A. Camp Pump Company, in the amount of $49,104.80, for drilling, casing and pump testing Ashe Water Well No. 15, was accepted, the other bid rejected, and the Hayor authorized to execute the contract. Upon a motion by Councilman Childs, low bid of Communica- tion Enterprises, Inc., in the amount of $14,472.00, for mobile radios, was accepted and the other bid rejected. Upon a motion by Councilman Rockoff, low bid of Granite Construction Company, in the amount of $150,769.00, for resurfacing Panorama Drive between Wenatchee Avenue and Columbus Street and Wenatchee Avenue between accepted, all other bids execute the contract. Columbus Street and University Avenue, was rejected, and the Mayor authorized to Bakersfield, California, August 29. 198~ - Page 7 69 Upon a motioi~ by Counci]man Payne, low bid of James G. Francis, in the amount of $70,300.00, for reconstructing a portion of Harris Road between Akers Road and Stine Road, was accepted, all other bids rejected, and the Mayor authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2934 New Series of the Council of the City of Bakersfield amending Section 5.06. 010 A. of the Bakersfield Municipal Code relating to Definitions - Adult Bookstores. Upon a motion by Councilman Moore, Ordinance No. 2934 New Series of the Council of the City ol' Bakersfield amending Section 5.06.010 A. of the Bakersfield Municipal Code relating to Definitions - Adult Bookstores, was adopted by the following roll call vote: Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne, Ratty Ayes: Noes: None Absent: None Deferral of action on an Ordinance of the Council of the City of Bakers- field amending Section 17.53.051 of the Bakersfield Municipal Code relative to Site Plan Review Policies and Objectives. This ordinance was given first reading at the meeting of January 11, 1984. Action was deferred from the meetings of March 14, and 2S, 198'4, April 25, 1984, and June 27, 19S4. This ordinance is under study by the Growth and Develop- ment Committee. A meeting was held with developers and interested groups on Tuesday, June 26, 19S4, and a Committee recommendation will be forthcoming. 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 October 3, 1984, by the following roll call vote: Ayes Noes Absent: Councilmen Rockoff, Barton, Childs, Payne, Ratty None Christensen, Moore, None 7O Bakersfield, California, August 29, 1984 - Page 8 HEARINGS This is the time set for public hearing before the Council on an Appeal by Nybo and Walker Engineering on behalf of Mooney's Rentals to the decision of the Planning Commission regarding condi- tions set on Tentative Parcel Map No. 7305, affecting those certain properties in the City of Bakersfield located in North Central Bakers- field on the north side of Riverside Drive, 185 feet east of Pierce Road. This hearing was duly advertised and the property owners notified as required by law. A letter has been received from Sill Properties, Inc., 300S Sil]ect Avenue, Suite 100, dated July 24, 1984, expressing their objections to the alignment of an i~gress-egress street from River- side Drive northerly through Parcels Two and Three and terminating at their west property line. Mayor Shell declared the hearing open for public participa- tion. Mr. Charles Duncan, 2100 "H" Street, stated Mooney's Rentals is appealing Paragraphs 5 and 8 of the Conditions required by the City's Traffic Engineer, outlined in a Staff Report dated July 5, 1984. He stated [~ooney's Rentals is opposing tlhe requirement to build a street 60 feet wide and 500 feet long that goes nowhere and feels there is no justification to require such a condition. Mr. Kenneth Hastings, Counsel for Mooney's Rentals, stated he feels the City's main concern has been traffic at the intersection of 24th Street and Pierce Road. He feels that until the adjoining property is developed and those property owners deal with access, Mooney's Rentals should not be required to build a road that will go nowhere and, infact, does not solve the traffic problem. Mr. Ralph Barrett, Developer for Laquinta Motor Inns, briefly described his company indicating they are a standard business- man's motel, with 150 motor inns coast to coast and border to border. Bakersfield, California, August 29, 1984 - Page 9 71 The Laquinta Motor Inn will be one of the many significant employers in Bakersfield. In addition to sales taxes in the restaurant, the motel will generate approximately $96,000 in the first year in room taxes and approximately $120,000 in the third year. The issues of concern, as contingent buyers of the property, is the recommended location of the fire lane and public easement through the property. The Traffic Engineer's recommendation that the fire lane double as an access easement te the public, means dedication of that easement to the public. Because of security reasons, Laquinta Motor Inns does not wish to have the public using the parking lot as a street. If the street is dedicated, the property will be too small, and therefore, there will not be a Laquinta Inn at that location. Mr. Hugh Sill, Sill Properties, owners of adjoining property, explained the history of development of the area and stated he is opposed to the required street construction. Public Works Director Hawley stated that ~n the original recommendation from the Public Works Department, for Parcel Map No. 7305, it was recommended that a secondary access be provided by means of a full street between Riverside Drive and Sillect Avenue, to serve Parcels l, 2 and 3, property to the east, and property on the east side of the canal. There have been 90 accidents in this area, duril~g the 20-month period since 1983. There is currently an E-Z 8 Motel on Riverside Drive, a proposed motel and restaurant, plus additional undeveloped property to the east which will all be using Riverside Drive. Fire and Development Services Director Needham stated a 24-foot access easement is necessary for emergency fire and police equipment and also emergency ingress and egress for people using the property. The City requested locating the 24-foot easement along the north side of the property to try Eo locate it as far away from Riw~r- side Drive as possible so it would qualify as a second means of ingress and egress for safety reasons. This area has not been planned well and it is especially important, if the street is not built, to locate the easement as far from Riverside Drive as possible. Bakersfield, California, August 29, 1984 - Page 10 Mr. Charles Duncan stated there is a 30-foot easement run- ning along the side o[' the Country Store, which could be located further north. He further stated he has a contractual agreement with Laquinta Motor Inns for permanent access to Pierce Road. Fire and Development Services Director Needham stated the 30-foot easement does need to be located from Pierce Road east to Parcel Three, for ingress and egress. Mr. Ralph Barrett stated Laquinta Motor Inns does not wish to have a public easement on their property serving Parcel Three, except on a temporary basis. There is a 30-foot access ease- ment serving Parcel Three from Riverside Drive. Fire and Development Services Director Needham stated his concern is for the safety of the people using the area. One means of ingress and egress to Riverside Drive is not adequate and safe. Mr. Michael Sill referred to a letter from Sill Properties to the Council dated July 24, 1984. He stated that if Sill Properties ]s left with the configuration as presented by Staff, the property would not only be diminished in economic value, but also a configura- tion of such that would leave Sill Properties with a very undesirable piece of property for further dewelopment. The existing easement areas, for sewer and gas pipeline, existing on the easterly side of the property next to the Cross Valley Canal, must be utilized for ingress and egress from their property. If this proposed restriction leaves Sill Properties with an odd-ball piece of property on the northeasterly side of the indicated Parcel Three, it would preclude any development on Sill Properties behalf, and therefore, preclude any configuration which would Avenue. No further protests one else wishing to speak in favor, l~ayor Shell portion of the hearing for Council deliberation allow a road to go through to Sillect or objections being received and no closed the public and action. Bakersfield, California. August 29. 1984 - Page 73 In answer to a question by Councilman Moore, Works Director Hawley stated the road between Sillect Drive should be constructed at the time Parcel Two is Public and Riverside developed. The original recommeldation of the Public Works Department was that the access road go from Riverside to Sillect. In answer to a question by Councilman Moore, Fire and Development Services Director Needham stated that the road, as planned, will go between Sillect Avenue and Riverside Drive. In the interim period, a second means o1' ingress and egress would be necessary, which would be the easement being discussed tonight. In order to insure that the second means of access will be there, it has to be done at the time of the parceling. In answer to a question by Councilman Ratty, Fire and Development Services Director Needham stated the 30-foot access ease- ment would be acceptable as a second means of emer~ency ingress and egress, if the easement extended from Pierce Road east to Parcel Three. This access easement must be a recorded easement. Mr. Charles Duncan stated Covenants, Conditions and Restric- tions that describe a common area access through Parcels One, Two and the Country Store will be recorded. In answer to a question by Fire and Development Services Director Needham. Mr. Ralph Barrett stated for the public record, that the common area in Parcel Two would be available as emergency ingress and egress to Parcel Three. After a very lengthly discussion, Councilman Ratty made a motion that the appeal by Nybo and Walker Engineering, on behalf of Mooney's Rentals to the decision of the Planning Commission regarding Conditions set on Tentative Parcel Map 7305. affecting those certain properties in the City of Bakersfield located in North Central Bakersfield on the north side of Riverside Drive, 1S5 i'eet east of Pierce Road, was upheld, with the conditions that a riEht-of-way be dedicated and recorded prior to the recordation of the parcel map and that it be reviewed by staff pr~or to recording. 74 Bakersfield, California, August 29, 1984 - Page 12 In answer to a question by Councilman Barton, City Attorney Oberholzer stated, Covenants, Conditions and Restrictions can be changed without the concurrence of the City, so whatever method is used, the Staff will insure that there cannot be a change without the concurrence of the City, to insure that emergency vehicles will have access at all times. Upon a motion by Councilman Ratty, appeal by Nybo and Walker Engineering, on behalf of Mooney's Rentals, to the decision of the Planning Commission regarding Conditions set on Tentative Parcel Map 7305, affecting those certain properties in the City of Bakersfield, located in North Central Bakersfield on the north side of Riverside Drive, 185 feet east of Pierce Road, was upheld with the conditions that a right-of-way be dedicated and recorded prior to the recordation of the parcel map and that it be reviewed by staff prior to recordation, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty Noes: Councilman Rockff Absent: None Councilman Christensen made a motion to recess the Council Meeting for fifteen minutes. The motion failed to carry by the following roll call vote: Ayes: Councilman Childs Noes: Councilmen Rockoff, Barton, Moore, Payne, Ratty Absent: Councilman Christensen This is the time set for public hearing before the Council for the purpose of hearing a request by property owners within Foun- tain Springs Estates that the provisions of the California Vehicle Code be made applicable to the private streets within Tract No. 3891, commonly known as Crystal Drive, Silver Road, Deercreek Lane, Fern Brook Way, Crystal Fall, Blue Fountain Drive, Cedarbrook Lane, Pine Springs Way, Silver Spring Lane, Fountain View Way and Silver Creek Road. This hearing was duly advertised, posted and the property owners notified as required by law. Bakersfield, California, August 29, 1984 - Page 13 75 pation. Mayor Shell declared the hearing open for public partici- Mrs. Lucy Bowen, resident and Home Owners' Association Board Member stated the Fountain Springs Estates has met all City requirements. No 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. Upon a motion by Councilman Payne. Resolution No. 70-84 of the Council of the City of Bakersfield finding and declaring interests of residents along specified privately owned and maintain,ed roads and interests of motoring public will best be served by appli- cation of provisions of the California Vehicle Code, and City Regu- lations adopted pursuant thereto, to such roads Fountain Springs Estates, was adopted by the following roll call vote: Ayes Councilmen Rockoff, Barton, Childs, Moore, Payne. Ratty Noes None Absent: Councilman Christensen This is the time set for public hearing before the Council[ for hearing report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing protests or objections thereto. This hearing was duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received, and no one wish- ing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Payne. Resolution No. 71--84 of the Council of the City of Bakersfield con£irming the Report of the Building Director re Assessments of certain properties in the City for Demolition of Dangerous Buildings, was adopted by the foilew- ing roll call vote: Ayes Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne, Ratty Noes None Absent: None 76 Bakersfield, California, August 29, 1984 - Page 14 NEW BUSINESS Adoption of Emergency Ordinance No. 2935 New Series Levying upon the Full Taxable Value of the Taxable Property in the City of Bakersfield, Except that area known as The Rio Bravo Annexation, A Percentage Rate of Taxation upon each Dollar of Valu- ation for the Fiscal Year beginning July 1, 1984, and ending June 30, 1985. This Emergency Ordinance represents the Property Tax levies for the 19S4-S5 Fiscal Year for the outstanding general obligation bond issues of the City of Bakersfield (1966 Municipal Improvement Bonds, Series A and Series B). Upon a motion by Councilman Rockoff, Emergency Ordinance No. 2935 New Series Levying Upon the Full Taxable Value of the Taxable Property in the City of Bakersfield, except that area known as The Rio Bravo Annexation, a Percentage Rate of Taxation upon each Dollar of Valuation for the Fisca~ Year beginning July 1, 1984, and ending June 30, 1985, was adopted by the following roll call vote: Ayes: Noesi Absent: Councilmen Rockoff, Barton, Childs, Christensen, Payne, Ratty, Rockoff None None Moore, First reading of an Ordinance of the Council of the C~ty of Bakers- field amending Sections 5.52.110(B) (1) and 5.52.140(B) of the Bakers- field Municipal Code governing Location, Building Code, and Zoning Requirements of Towing Services utilized by the Bakersfield Police Department. The proposed amendment would allow towing companies located within a five-mile radius of the intersection of Brundage Lane and "H" Street to provide tow services ment, regardless of whether or not they are City's boundaries. Council for the Police Depart- located within the First reading was considered given an Ordinance of the of the City of Bakersfield amending Sections 5.52.110(B)(1) Bakersfield, California, August 29, 1984 - Page 15 77 and 5.52.140(B) of the Bakersfield Municipal Code governing Location, Building Code, and Zoning Requirements of Towing Services utilized by the Bakersfield Police Department. First reading of an Ordinance of the Council of the City of Bakersfield adding Subsection D. to Section 16. 32.020 of the Bakersfield Municipal Code Relating to Security for Sub- division Improvements. This ordinance adds a lien on the property to be subdivid.ed or other real property, as the City Engineer finds acceptable, to the list of types of security the City can accept for subdivision improvement agreements. This type of security is to be used only in situations where the public interest does not require construction of required improvements within three years and, in such situations, relieves the subdivider of paying bond premiums or similar costs pending construction. First reading was considet'ed given an Ordinance of the Council of the City of Bakersfield adding Subsection D. to Section 16.32.020 o£ the Bakersfield Municipal Code Relating to Security fo~ Subdivision Improvements. Adoption of Resolution No. 72-84 of the Council of the City of Bakers- field amending the dates of meetings of the Council durin~ the month of September, and fixing the dates of meetings of the Council during the months of October, November and December, 1984, and January, Feb- ruary and March, ~985. This resolution fixes the dates of meetings of the Counci[L from September, I984, through March, 1985. Upon a motion by Councilman Christensen, Resolution No. 72-84 of the Council of the City of Bakersfield amending the dates of meetings of the Council during the month of September, and fixing the dates of meetings of the November and December, 1984, was adopted by the following Ayes Councilmen Rockoff, Noes Absent: Council during the months of October, and January, February and March, 1985, roll call vote: Barton, Childs, Christensen, Moore, Payne, Ratty None None ?8 Bakersfield, California, August 29, 1984 - Page Adoption of Resolution No. 73-84 of the Council of the City of Bakers- field amending Sanitary Sewer Plan for Pierce Road - Oak Street Planned Sanitary Sewer Area and making finding relative thereto. This resolution amends the Sanitary Sewer Plan for the Pierce Road - Oak Street Planned Sanitary Sewer Area to add both territory and facilities, as recommended by the Public Works Depart- ment. Upon a motion by Councilman Christensen, Resolution No. 73-84 of the Council of the City of Bakersfield amending Sanitary Sewer Plan for Pierce Road - Oak Street Planned Sanitary Sewer Area and making finding relative thereto, was adopted by the follow- ins roll call vote: Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne, Ratty Ayes: Noes: None Absent: None Adoption of Resolution No. 74-84 of the Council of the City of Bakers- field establishing the boundaries of the Fairhaven Water Service Area. This resolution establishes the boundaries of the Fair- haven Water Service Area as required by Scotion 15.0B.010 of the Bakersfield Municipal Code. Upon a motion by Councilman Moore, Resolution No. 74-84 of the Council of the City of Bakersfield establishing the bound- aries of the Fairhaven Water Service Area, was adopted by the following roll call vote: Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne, Ratty Adoption of Resolution No. 75-84 of the Council of the City of Bakers- field amending the boundaries of the Fairhaven Water Service Area. Ayes: Noes: None Absent: None This resolution amends the boundaries of the Fairhaven Water Service Area to include the Canned Foods Retail Store property Bakersfield, California, August 29, 1984 -- Page 17 79 at the end of Pierce Road and the larger parcel to the north. The owners of those properties have requested this action. Upon a motion by Councilman Ratty, Resolution No. 75-84 of the Council of the City of Bakersfield amending the boundaries of the Fairhaven Water Service Area, was adopted by the following roll call vote: Ayes Councilmen Noes Absent: None None Rockoff, Barton, Payne, Ratty Childs, Christensen, Moore, Noes Absent: Councilmen Rockoff, Barton, Payne, Ratty None None Childs, Christensen, Moore, Approval of Agreement between the City of Bakersfield and Brewer's Historical Consultants for the Second-Year Cultural Resource Survey. Second-Year Survey requires the assistance of a historical[ consultant to supervise research volunteers and assist staff in con-- ducting historical and architectural investigations on various build- ings in the downtown area. Upon a motion by Councilman Childs, Agreement between the City of Bakersfield and Brewer's Historical Consultants for the call vote: Ayes Adoption of Resolution No. 76-84 of the Council of the City el Bakersfield approving destruction of City Records - Finance Depart- ment. This resolution authorizes the Finance Department to destroy obsolete records and reports, etc., on an ongoing basis. Government Code Section 34090 permi{s destruction of certain public records upon the approval of the City Attorney and a resolution adopted by the City Council. Upon a motion by Councilman Rockoff, Resolution No. 76-84 of the Council of the City of Bakersfield approving destruction of City Records - Finance Department, was adopted by the following roll 8O Bakersfield. California, August 29, 1984 - Page 18 Second-Year Cultural Resource Survey, was approved and the Mayor authorized to execute same. Approval of Contracts with Quad Con- sultants to prepare two Environmental Impact Reports (EIR's) on General Plan Amendments and Annexation Requests. Quad Consultants has been selected to prepare an EIR for Tenneco Realty Development Corporation on proposed Land Use and Circulation Element Amendments and annexation request (10.3 acres) in the Stockdale Highway and Buena Vista Road area and a joint Antongiovanni/Tenneco Land Use Element and Annexation request (615 acres) south of' the Southern Pacific Railroad and west of the Arvin- Edison Canal. The schedule projects draft EIR completion for both projects by November 1st and public hearing in December at the Planning Commission. All costs to be paid by Tenneco Realty Development Corp- oration. Upon a motion by Councilman Moore, Contracts 'with Quad Consultants to prepare two Environmental Impact Reports (EIR's) on General Plan Amendments and Annexation Requests, was approved and the Mayor authorized to execute same. Approval of Request to declare as surplus City owned property located on the west side of Stine Road near Hartford Avenue. The City has received a request to declare as surplus an unused portion of the water well site located on the west side of Stine Road between White Lane and Planz Road. The unused portion is 10,450 square feet in area and zoned R-2MH. The Water and Public Works Departments have no objections to disposing of the property. The Planning Commission has reviewed the request and determined that the proposal to sell the property Js consistent with the General Plan. Upon a motion by Councilman Childs, request to declare as surplus City owned property located on the west side of Stine Bakersfield, California, August 29, ]984 - Page 19 81 Road near Hartford Avenue, Manager value. was approved, and the Finance Operations authorized to sell at the highest bid above the appraised upon a motion by Councilman Christensen, at 10:05 P.M. ADJOURNMENT There bein~ no further business to come before the Council the meeting was adjourned MAYOR of the City o1' Bakersfield, Calif. ATTEST: CITY CLERt~ and Ex Officio Clerk of 'the Council of the City of Bakersfield, California CW 82 Bakersfield, California, September 12~ 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., September ]2, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Chaplin !id Meissner of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Shell. Absent: None Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff CORRESPONDENCE Upon a motion by Councilman Rockoff, Brock, St., Brock's Department Stores, John H. 1984, expressing his support of Moreland's Galleria Project, received and referred to the Redevelopment Agency. Upon a motion by Councilman Barton, communication communication from dated September 4, was from the City of Tuscon, Arizona, dated August 21, 1984, urging the Council to support the passage of HR4103 regarding a national policy for cable television regulations, was received and referred to the Legislative Committee. lipon a motion by Councilman Childs, communication from the City of Carson, California, dated August 24, 1984, urging the Council to support the passage of Assembly Bill 3966 tbat would give local government the encouragement to consider Redevelopment activities on properties that are reported to contain toxic or hazardous waste and offers Redevelopment Agencies an alternative method to pay for detailed site characterization plans and studies required by the State Department of Health Services and other environmental control agencies, was received and referred to the Legislative Committee. COUNCIL STATEMENTS Councilman Payne stated he was contacted by personnel from Cal-State Bakersfield who served on a select screening com- mittee that allocates scholarships to people of the Bispanic Bakersfield, California, September 12, 1984 Page 2 community who will be attending Ca]-State Bakersfield and they requested that he invite the Hayor~ Council and staff to attend the Scholarship Awards Dinner at the Red Lion Inn on Friday, September 14, 1984, at S:00 P.M. Upon a motion by Councilman Barton, the matter of in- complete street alignments was referred to the Growth and Develop- ment Committee to study and come back to the Council with a recommendation on how the uncompleted sections in the City's road- ways can be completed. Councilman Barton stated the Council has received a study from the Department of Commerce re~arding rules and regulations for implementation of the two Enterprise Zone Legislations (AB 40 and AB 514). The Enterprise Zone regulations will be heard throughout the State from September 18, 198,i through October 9, 1984. In the report the State has divided the City's Enterprise Zone into two districts. Since the City and County allocated funds and staff to study the area, he felt the State should be petitioned to reconsidc, r the division of the study zone and consider it as one unit. Upon a motion by Councilman Barton, staff was directed to contact the Department of Commerce to petition them to re- evaluate the designation of the Bakersfield Enterprise Zone area, correct the boundaries and request that Census Tract 22 and the area south of Brundage Lane be included in the Maxine Waters Bill (AB 514), instead of being split into the Nolan and Waters' Bills. In answer to a question by ~ayor Shell, Community Development Coordinator Grady updated the Mayor and Council on negotiations that are going on to acquire three parcels of ]and and develop two commercial areas on Lakeview Avenue and California Avenue. REPORTS Councilman Payne, Chairman of and Personnel Committee, read Report No. and Reclassifications, as follows: the Governmental Efficiency 12-84 regarding New Positions 84 Bakersfield, California, September 12, 1984 - Page 3 The Governmental Efficiency and Personnel Con]- mittee recently met with the City Manager and his staff regarding new positions and reclassi- fications for Fiscal Year 1984-85. As was pointed out in the Acting City Manager's recent budget message, action on new personnel and reclassifications was deferred until the new City Manager had an opportunity to assess the service levels of the various departments. Mr. Caravalho has met with the department heads and, after careful consideration, they have submitted their requests to the Governmental Efficiency and Personnel Committee for 16 new positions and 19 reclassifications. Taking into consideration that during the last ]0 years the City has grown in population nearly 50%, in area 16~%, Jn street miles 70%, in parks 54%, and in calls for service in the Fire Department 150%,while at the same time City personnel has increased less than 20%, the Governmental Efficiency and Personnel Con]- mittee is of the opinion that the City Manager's requests are justifiable. The City is continuing to grow, and in an attempt to maintain our present level of service we are recommending City Council approval of the following personnel changes for Fiscal Year 1954-85: Public Works Two Street Maintainers, 10 months Employee Cost $ 3,t,000 One Air Condifioning Technician II, 6 months Employee Cost Equipment Cost - 70O 000 3. One Craftworker I, 6 months Employee Cost - 12,850 Equipment Cost - 9,000 Reclassify one Sewer Maintainer II to Sewer Maintainer III, 9 months Cost - 1,571 Reclassify two Street Maintainers to Light Equipment Operators, 9 months Cost - 2,632 Reclassify two Electrical Technicians I to Electrical Technicians II~ 9 months Cost 2,599 Reclassify one Air Conditioning Technician I to Air Conditioning Technician II, 9 months Cost 1 , 290 Reclassify one Building Maintainer I to Building Maintainer II, 9 months Cost 1,059 Bakersfield, California, September 12, 1984 - Page 4 85 10. 3 4 5 1. One Employee Cost Reclassify two Auto Service Workers to Trades Assistants, 9 months Cost - Change of Title for Supervisor III to Assistant Superintendent No Cost Subtotal $ Development Services Department Three Firefighters, 6 months Employee Cost Equipment Cost - One Clerk Stenographer, 6 months Employee Cost - Equipment Cost - Five Fire Dispatchers, 3 months Employee Cost - Reclassify one Assistant Planner to Associate Planner. 9 months Employee Cost - Reclassify one Building Inspector II to Plan Checker (Residential). 9 months Employee Cost - Subtotal Police Department Reclassi[y one Senior Police Officer to Sergeant. 9 months Employee Cost - 2w/r, Premium Pay Established for Supervising Lieutenant (Patrol) Employee Cost - Subtotal City Attorney Clerk Stenographer II. 6 months Employee Cost - Equipment Cost - Reclassify one Deputy City Attorney I to Deputy City Attorney II Employee Cost Subtotal City Manager Budget Analyst, l0 months 634 93,335 $ 47,530 5,400 8,663 1,300 33,465 1,67] 2 984 $101 013 $ 7 800 944 $ 8,744 $ 9,200 1,060 1,300 $ 11,560 22,620 Subtotal $ 22,620 86 Bakersfield, California, September 12, 1984 -- Page 5 Finance 1. One Accountant II, 6 months Employee Cost - $ 15,250 Equipment Cost - 875 Reclassi£y one Account Clerk II to Accountant I, 9 months Employee Cost 3,4]6 Reelassify one Keypunch Operator to Account Clerk I, 9 months Employee Cost 1,078 Subtotal $ 20,6]9 Recreation Reclassify one C]erk Typist II to Personnel Clerk, 9 months Employee Cost $ 1,139 Reclassify one Clerk Typist I to Clerk Typist II, 9 months Employee Cost 297 Reclassify one Community Center Coordinator to Recreation Supervisor II Employee Cost 1,616 Subtotal $ 3,052 TOTAL $260,943 In addition to the above new positions the Council authorized one Craftworker I, one Supervisor I, one Trades Assistant I, and one Account Clerk I in the Parks Division during the regular budget session. These positions were created in order to maintain approximately 57 acres of Maintenance District parks property and equipment. Salaries and benefits are reimbursed from Maintenance District funds. Attached to the report are justifications for all of the recommended new positions and re- classifications. Department heads reqnested 42 new positions and 33 reclassifications totalling approximately 2],150,000. After careful consideration of these requests, the City Manager and the Governmental Efficiency and Personnel Committee are recommending approval of 16 new positions and 19 reclassi-- fications totalling $260,943 for the Fiscal Year 1984-85. In order to effectuate these ch:,nges, the Governmental Efficiency and Personnel Committee is recommending Council approval of these 16 new positions and 19 reclassifications, approval of the change in the Salary Resolution, and approval of the job specifications. Funds have been set aside in the Council's Contingency Fund during the 1984-85 budget hearings to pay for these personnel transactions and equipment costs. Bakersfield, California~ September 12, 1984 - Page 6 87 In answer to a question by Councilman Rockoff, Acting City Manager-Finance Klimko stated at the present time the balance of the Contingency Fund is $510,000, however, that is prior to reducing it for new positions and reclassifications. In answer to a question by Councilman Ratty, City Manage~' Caravalho stated, at this time, staff does not anticipate any additional employees for the remainder of this Fiscal Year. One issue that could change this is the Redevelopment activities, because there are a number of anticipated projects. Councilman Ratty stated that positions seem to be added periodically during the year and this results in more cost at the end of the year. It gives a distorted picture of the budget and cost of employees. He suggested that this be done at budget time next year. Getting all these positions in place and meeting these demands, rather than stringing them throughout the year, would help the Council in the budgetary process. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 12-84 regarding New Positions and Reclassifications, was accepted; and recommendations as out- lined in the report, were approved. Adoption of Resolution No. 77-84 of the Council of the City of Bakers- field amending Resolution No. 99-83 setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Payne, Resolution No. 77-84 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 Ayes Noes Absent: call vote: Councilmen Barton, Childs, Ratty, Rockoff None None Christensen. Moore, Payne, 88 Bakersfield, California, September 12, 1984 -- Page 7 Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 13-84 regarding Street Sweeping Program, as follows: On June 20, 1984, the Public Works Department gave a report to the City Council regarding a new Street Sweeping Program which was initiated in 1983. This report indicated that through the cooperation of the Bakersfield Californian in reporting areas and times for street sweeping this new program resulted in increased efficiencies. The report also pointed out areas of concern which, if rectified, could result in even greater efficiencies. Those concerns were placing lawn trimmings in the streets, back- pack blowers which are being used by commercial gardners and homeowners to blow debris into the streets and abandoned vehicles which are parked on the streets. These issues were referred by the City Council to the Governmental Efficiency and Personnel Committee for further consideration. We recently met with the staff and considered the following options: 1. A meeting with commercial gardners con- cerning these problems and inviting their input in arriving at an amicable solution. 2. An ordinance restricting the use of back- pack blowers. 3. An ordinance restricting the placement of lawn trimmings in the street. 4. Placement of signs throughout the City which would restrict parking on the streets during certain hours of the day. This would allow the street sweepers free access on the streets. Cost of the signs through- out the City is $460,000. 5. Placement of large ads and maps in the local newspaper of the Streot Sweeping Program. 6. Increase the City's efforts in eliminating abandoned vehicles on the streets. After careful consideration of these alternatives, the Governmental Efficiency and Personnel Com- mittee is recommending City Council approval of Options 1 and 6. Number I would be for the staff to meet with the commercial gardners in an effort to work out a mutually agreeable solution to the backpack blowers and placement of debris in the streets, and Number 6 would be to instruct the Police Department to strenuously enforce the 72-hour abandoned vehicle laws. If these two recommendations prove to be less than successful. then further considerations will be forthcoming. 89 Bakersfield, California, September 12, 1984 - Page 8 Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 13-84 regarding Street Sweeping Program, was accepted; staff was directed to meet with the com- mercial gardners in an effort to work out a mutually agreeable solution to the backpack blowers and placement of debris in the streets; and the Police Department was instructed to strenuously enforce the 72-hour abandoned vehicle laws. Councilman Ratty, Chairman of the Intergovernmental Relations Committee, read Report No. 4-84 regarding Fair Housing Task Force, as follows: The current Fair Housing Program was approved by the City and County in February of 1984. At the same time, the City and County approved the formation of a Fair Housing Task Force comprised of the organization in Exhibtt "A". Parttcipation from those organizattons were solicited resulting in the nomtnations of representatives Itsted tn Exhtbi t "B". It should be noted that some organizations have made substitutions of original nominees, and that some organizations have alternates. The organizations have indicated thetr desire to participate by making substitutions when the original designee is unable to conttnue, and by providing an alternate so that their organi- zation will conttnue to be represented when the original destgnee has to mtss a meeting. The Task Force has been meeting since May 10, 1984, and have selected officers. Mr. Larry Moxley, representing the Greater Bakersfield Chamber of Commerce, is the Chairperson, with Frank Hinmon of the Board of Realtors, and John Ortiz of the Department of Fair Employment and Housing rotating the posttion among them- selves. All three nominees received equal votes. They dectded they would share the responsibility of Chairperson since they received equal votes. The rest of the Committee in attendance concurred with that arrangement. The Task Force is anxious to be formally recognized by the City and County governments. Staff feels that the Task Force is ready for rattfication. They have formed three sub- commtttees; Medtatton, Testing and Lttigation; Structure and Fundtng; and Education and Publtc Relations. The committees have been meeting since June, 1984, and have begun deliberating on the specific objectives delineated for the Task Force in the jotnt City/County Fair Housing Program. It would be difficult to limtt partictpation on the Task Force to the specific members 90 Bakersfield, California, September 12, 1984 - Page 9 nominated and currently serving as the repre- sentative of the organi7.attons listed in Exhibit "B". With the changes tn respon- sibilities in organizattons, it has become apparent to staff that, as in the past, organizations may have the need to change representatives. Therefore, staff is recom- mendtng the ratification of the organizations now serving on the Task Force and the acknowledg- ment of their" nominees. Upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report No. 4-84 regarding Fair Housing Task Force, was accepted; and ratification of organizations now serving on the Fair Housing Task Force, was approved, and their nomtnees were acknowledged. Counctlman Barton, Chairman of the Growth and Develop- ment Committee, read Report No. 10-84 regarding Development of the Bakersfield Airpark as a Public Airport, as follows: On September 5, 1984, this Committee concluded a series of meetings regarding the issue of the acqutsttion, tmprovement and operation of the Bakersfield Airpark. The basic purpose of these meettngs was to establish the level of justiftcation and viabiltty in maktng the Bakersfield Airpark a publicly owned facility. During the initial meetings staff was given a number of objectives which combined to serve as parameters under which the studies were made. 1. A high level of need of justification for the Airpark to continue in its role as a general utility airport must be established; 2. Its operating revenue must essentially cover the cost of operating the faciltty, both in its present and future configuration; 3. A high degree of local community support for the Airpark must be present; 4. The proposed acquisition of the Airpark using Federal Aviation Agency Grant Funds must not expose the City to ftnancial risk, either on a short term or long term basis; 5. The value of the Airpark relative to the economic development and revitalization of Southeast Bakersfield must be firmly establtshed. It is with these objectives in mind that thts Committee presents the following report. Aviatton activities at the Airpark began tn the late 1940's as a base for a helicopter service. 91 Bakersfield, California, September 12, 1984 - Page 10 Shortly after World War II, a runway and limited hanger facilities were constructed. It was maintained in this configuration for approxi- mately twelve years. In 1962 the Airpark was acquired by a new owner who acquired additional land and enlarged the facilities considerably in the late 1960's. Today the Airpark covers approximately 100 acres, has an asphalt surface runway 30 feet wide by 3,200 feet long and accommodates approximately 106 based aircraft. The Airpark, although private, remains open to the public, offers overnight aircraft tiedown facilities, fuel and aircraft repair services. During the late 1970's, considerable dtscussion occurred regarding the conversion of the Airpark to a publicly owned and operated facility. As a result of these discussions a series of studies and reports were generated that addressed the issues of use, expansion, acquisition, operation and environmental impacts of the Airpark. The following list illustrates this point: 1978: The Bakersfield Airpark Site Evaluation Study: ThiS-study indicated an airport is needed in South Bakersfield. This study indtcated the Airpark would meet this need and recommended the City or County acquire the Airpark and beFin an improvement program utilizing State and Federal funds. 1980: Bakersfield Airpark Master Plan Study: This plan developed a detailed set of airport plans that delineates the proposed improvements of the Airpark. This plan served as the basis for the preapplication to the F.A.A. for improvement funds sub- mitted in June of 1983. 1980: A Draft Environmental Impact Report was generated that studied the impacts of the proposed Master Plan. 1981: March 1981 Resolution 15-81 was approved amending the General Plan Land Use Element for properties adjacent to the Airpark. 1982: February, 1982, an additional amendment to the Land Use Element occurred for properties located at Planz Road and Madison Street. 1983: During May the Environmental Impact Report was updated to meet current CEQA requirements and list mitigation measures. This Final EIR was certified on July 13, 1983. During June, 1983, a preapplication was approved by the City Council and sub- mitted to the F.A.A. for funding considera- tion. 92 Bakersfield, California, September 12, 1984 - Page 11 In November an effort was made to form an Airport District. This effort failed by a margin of approximately 30 votes. Much discussion has occurred regarding this tssue and members of the community tndicated they were not fully informed of the potential economtc benefits to the enttre area, both from the airport and "Enterprise Zone." Based upon these comments received from various groups and individuals withtn the community it is recommended, by thts Committee, that this mechantsm continue to be considered as a possible way of creating a public airpark. 1984: June 22, 1984, Aries Associates Ltd. completed a technical report for Kern COG dealing with atrport planning on a County wide basis. This report reiterates the need for an airport in South Bakers- field. July, 1984, the Economic Development Division prepared a plan for development and organization of the Airpark as a public entity. Based upon the data analyzed and the insight gained from these reports, this Committee submits the following findings: 1. It is this Committee's belief that the Bakersfield Airpark is a key element in the transportation system serving the City and County. The importance of this facility will increase as the City grows. 2. Based upon the consideration of all the identifiable economic issues, this Airpark can continue to exist over the long term operated only as a public facility. As part of our evaluation we intend to analyze what type of public entity this would be. 3. This Committee believes that the continued health and viability of the Airpark is a critical factor in our efforts to revitalize and achieve the economic potential of South- east Bakersfield. And further, that it will be a very key factor in our efforts to establish the Southeast Enterprise Zone. 4. Based upon the accounting data available to this Committee during these deliberations, we believe the Airpark can be operated at a break-even point. 5. After discussions with F.A.A. officials, the present owners of the Airpark, the City's legal and financial consultants and staff, this Committee bel iev(~s the ownership of the Airpark can be transferred to the City to the satisfaction of all parties. It must 93 Bakersfield, California, Sep~ember 12, 1984 - Page 12 be understood that this transfer in owner- ship is totally predicated on the receipt of F.A.A. Airport Development Grant Funds. Without this assistance this acquisition program is not feasible. 6. This Committee, while supporting the basic concept of acquirtng and improving the Airpark, also recognizes the need for a very detailed specific plan and economic study. We, therefore. support and recommend the completion of the Casa Loma Specific Plan and Enterprise Study at the earliest possible time. This planning effort is presently being conducted through a joint City/County effort and once completed will allow a realistic assessment regarding the acquisition and development program to be established. In the opinion of this Committee, the continued viability of the Airpark is a critical issue tn our efforts to establish the Southeast Enterprise Zone. The prominence of the Airpark as a land use, employment center and magnet for develop- ment is a major determinant in this Committee's support of the b~sic concept of acquiring and improving the Airpark as a public facility. It is anticipated that the acquisition and improvement program would extend over a period of 6 - 10 years (based primarily on the level of funding received each year from the F.A.A.). Years 1 - 3 will involve the acquisition of the existing facility. Years 4 - 10 will involve the expansion of the runway and facility improve- ments. The following table shows the breakdown of costs for the project with estimates of the local and Federal share: Local Share Federal Share Total Estimate Bakersfield Airpark Acquisition: Airpark land (93 acres) Existing structures $ 372,000 $ 3,348,000 $ 3,720,000 321,300 321,300 693,300 3,348,000 4,041,300 189.000 1,701,000 1,890,000 Additional Property Acquisition Site Preparation and Construction 1,225,000 29,700 5,796,700 7,021,700 267,700 297,400 910,600 910,600 12,024,000 14,161,000 863,000 $l2,024,000 $15,024,000 Access Roads Control Tower Total Airpark 2,137,000 Offsite Improvements* Totals 863,000 $ 3,000,000 94 Bakersfield, California, September 12, 1984 - Page 13 Possible sources of funding the local share over a 6 - 10 year period are: Airpark Retained Earnings Economic Development Administration (EDA) Community Development Block Grant (CDBG) Federal Revenue Sharing State Grants/Loans *State Gas Tax *Transportation Development Act (TDA) The Federal share would be funded by the Federal Aviation Administration (F.A.A.) Airport Develop- ment Aid Program (ADAP) with an estimated 2 mtllion dollar allocation per year. This pro- gram would commence with the 1984-85 Federal Fiscal Year, whtch begins October 1, 1984. In order to maximize the City's cash flow and to firm up F.A.A. 's participation and possible additional funding sources for the local share, staff suggest entering into an open escrow with terms mutually acceptable to the City and the current owners of the Airpark. This period should provide adequate time to accrue two years allocation from F.A.A. for the initial purchase which is estimated to be approximately 4 million dollars. This approach would place the City at minimum risk should the F.A.A. choose not to participate at that time. This Committee recommends the following: 1. This Council direct the City Manager to transmit a letter to the regional office of the F.A.A. indicating the City's desire to effect the transfer of ownership of this facility from a Private Airpark to a Public Airpark. 2. Direct staff to begin negotiating with the current ownership of the Airpark for the purpose of reaching terms mutually acceptable to the City and the current owners for the purchase of the Airpark. 3. The City continues to pursue this program based on the findings commencing on Page 11 of these minutes, keeping foremost the 5 objectives delineated on Page 9 of these minutes. Councilman Barton made a motion that Growth and Develop- ment Committee Report No. 10-84 regarding Development of the Bakersfield Airpark as a Public Airport, be accepted. Councilman Moore requested that the following wording be added to the last sentence in the report: "keeping foremost the 5 objectives delineated on Page 1 of this report." Councilman Barton stated Councilman Moore's additional wordtng would be added to the report. 95 Bakersfield, California, September 12, 1984 - Page 14 Mr. Btll Lewis, Chairman of the Airport Committee for the Southeast Enterprise Zone, presented correspondence from Dr. Albert T. Ingalls, Trustee, 1711 - 30th Street, Thomas E, Mestmaker, P. O. Box 2303, Bakersfield, and the State Department of Trans- portation, Division of Aeronautics and petitions containing 215 signatures of residents of the community expressing their support of the expansion program at Bakersfteld Airpark. Mr. Lewis compli- mented the Committee and staff for their diligence in making this study and stated they are in agreement with the report. They feel this will be the catalyst for bringing the industry and jobs that are needed for growth in the southeast area of Bakersfield. Mr. Norman Walters, Commercial Instrument Rated Pilot, expressed his support of the Bakersfield Airpark. Fuchsia Ward, 275 Adams Street, submitted a petition, containing 47 signatures of residents of the southeast area of Bakersfield, expressing their support for the public acquisition of the Bakersfield Airpark and pledging their support for forming an Airport District in the area. Mr. Don Simpson, President of the ftrm of Simpson-Vancuren, retained as consultants for the Entorprise Zone Board of Directors, commended the Committee for their comprehensive report and agreed with their findings and recommendations. Upon a motion by Councilman Barton, Growth and Develop- ment Committee Report No. lO-84 regarding Development of the Bakersfield Airpark as a Public Airport, was accepted with the additional wording submitted by Councilman Moore; the City Manager was directed to transmit a letter to the regional office of the F.A.A. indicating the City's desire to effect the transfer of owner- ship of the Bakersfield Airpark from a private airpark to a public airpark; staff was directed to begtn negotiating with the current owners of the Airpark for the purpose of reaching terms mutually acceptable to the City and the current owners for the purchase of the Airpark; and the City will continue to pursue this program based on the findings outlined in the report. 96 Bakersfield, California. September 12, 1984 - Page 15 Mayor Shell declared a brief recess at 8:00 P.M. and reconvened the meeting at 8:10 P.M. CONSENT CALZND.~R The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 755 to 997, inclusive, in the amount of $822,446.01. (b) Claim for Damages from Randy Jay Lemley, 8212 Maxey Street, Lamont, California. (Refer to City Attorney) (c) Claim for Damages from Arnold 5001 Planz Road, Bakersfield. City Attorney) Gonzales, (Refer to (d) Claim for Damages from Fathers of America, Vertner Vergon, Chairman of the Board, 3752 Motor Avenue, Los Angeles, Caltfornia. (Refer to City Attorney) (e) Claim for Damages from Bert Wedemeyer, 3200 Annapolis Streot, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Tim S. Moore, 927 Pacific Street, Bakersfield. (Refer to C5ty Attorney) (g) Sewer Line Easement from Tenneco Realty Development Corporation for sewer lines as required by the Planning Commission for Parcel Map No. 7059, located at the southwest corner of Camino Media and Gosford Road. (h) Improvement Agreement with R.N.R. Enter- prises for construction of improvements and Public Utilities Easement from Presidio Savings and Loan Association, as required by the Planning Commission with Parcel Map No. 7247, located at northwest corner of Stine Road and White Lane. (i) Grant Deed from E. A. and Beth G. Bender providing a Drainage Retention Basin at the Bakersfield Airpark, located north of Planz Road, east of South Union Avenue. (j) Application for Encroachment Permit from Thomas Letourneau, Jr., 380l Evelyn Drive, Bakersfield, for construction of a 42-inch high wrought iron fence behind the side- walk and fire hydrant on Merrimac Street and Evelyn Drive, at 3801 Evelyn Drive. (k) Plans and Specificattons for construction of Shalimar Planned Drainage Improvements, Phase II. Bakersfield, California, September 12, 1984 Page 16 97 (d), (e), Calendar, Ayes: (1) Plans and Specifications for reconstruction of Stine Road between Panama Lane and Pacheco Road. (m) Indenture between the City of Bakersfield and Southern Pacific Transportation Company providing an easement to allow the City's existing river canal to cross the Southern Pacific Railroad at Stevens, in the County of Kern, at Engineer's Station 7 + 19.0, Mile Post 328.71. The original easement was granted to Pioneer Canal Company, which the City acquired by Agreement No. 76-36, dated April ]2, ]976. Upon a motion by Councilman Rockoff, Items (a), (f), (g), (h), (i), (j), (k), (1) and (m) of the were adopted by the following roll call vote (b), (c), Consent low bids of Helena Chemical for 3 items, in the amount of $3,415.69, and Abate-A-Weed for 4 items, in the amount of $4,428.07, for Weed Control Chemicals, were accepted and all other bids rejected. Upon a motion by Councilman Childs, low bid of Clow Corporation, in the amount of $93,012.00, for Fire Hydrants, was accepted and all other bids rejectted. Upon a motion by Councilman Barton, low bid of Griffith Company, in the amount of $68,582.40, for resurfacing portions of Planz Road, South Chester Avenue to Union Avenue, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, low bid of Rising Sun Construction Company, in the amount of $67,553.41, for Canal Culvert and Street Widening at 34th Street and the Kern Island Canal, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. ACTION ON BIDS Upon a motion by Councilman Moore, Noes: None Absent: None Councilmen Barton, Childs, Christensen, Moore Payne, Ratty, Rockoff 98 Bakersfield, California, September 12, 1984 - Page 17 Upon a motion by Councilman Christensen, bid of General Scales, in the amount of $1,250.00, for purchase of surplus Truck Scale at the Sanitary Landfill, was accepted. Upon a motion by Councilman Payne, usual bidding require- ments 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 IBM for Computer Terminal Equipment for Police Department C~mputer Aided Dispatch (CAD) and Criminal Justice Information System (CJIS), not to exceed the budgeted amount of $84,000.00. DEFERRED BUSINESS Adoption of Ordinance No. 2936 New Series of the Council of the City of Bakersfield adding Class No. 94 to Section 5.02.300 of the Bakersfield Municipal Code regarding Flat Rate Business Tax for Arts and Crafts Fairs. Upon a motion by Councilman Christensen, Ordinance No. 2936 New Series of the Council of the City of Bakersfield adding Class No. 94 to Section 5.02.300 of the Bakersfield Municipal Code regarding Flat Rate Business Tax for Arts and Crafts Fairs, was adopted by the following roll call vote Ayes: Noes: Absent: Councilmen Barton, Christensen Moore, Payne, Ratty, Rockoff Councilman Childs None Adoption of Ordinance No. 2937 New Series of the Council of the City of Bakersfield amending Sections 5.52.110 (B) (]) and 5.52.140 (B) of the Bakers- field Municipal Code Governing Location, Building Code, and Zoning Requirements of Towing Services utilized by the Bakersfield Police Department. Upon a motion by Councilman Ratty, Ordinance No. 2937 New Series of the Council of the City of Bakersfield amending Sections 5.52.110 (B) (1) and 5.52.]40 (B) of the Bakersfield Municipal Code Governing Location, Building Code, and Zoning Bakersfield, California, September ~2, 1984 - Page 18 99 Requirements of Towing Services utilized by the Bakersfield Police Department, was adopted by the following roll call vote: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Ayes: Noes: None Absent: None Adoption of Ordinance No. 2938 New Series of the Council of the City of Bakersfield adding Subsection D. to Section 16.32.020 of the Bakersfield Municipal Code relating to Security for Subdivision Improvements. Upon a motion by Councilman Childs, Ordinance No. 2938 New Series of the Council of the City of Bakersfield adding Sub- section D. to Section 16.32.020 of the Bakersfield Municipal Code relating to Security for Subdivision Improvements, was adopted by the following roll call vote: Ayes Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Absent: None Adoption of Subdivision Resolution No. 6 of the Council of the City of Bakersfield upholding, in part, the Appeal by Nybo & Walker Engineering on behalf of Mooney's Rentals from Planning Commission imposition of certain conditions of approval on Tentative Parcel Map No. 7305. This resolution establishes the findings resulting from the hearing on the Tentative Parcel Map No. 7305 conducted at the hearing of August 29, 1984. Upon a motion by Councilman Ratty, Subdivision Resolution No. 6 of the Council of the City of Bakersfield upholding, in part, the Appeal by Nybo & Walker Engineering on behalf of Mooney's Rentals from Planning Cornmission imposition of certain conditions of approval on Tentative Parcel Map No. 7305, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Noes: None Absent: None 100 Bakersfield, California, September 12, 1984 - Page 19 HEARINGS This is the time set for public hearing before the Council on an Appeal by Long John Silver's, Inc., to the decision of the Board of Zoning Adjustment denying their application for a Modification to permit the reduction of the required off-street parking spaces from 19 to 9 in a C-2-D (Commercial Architectural Design) Zone, on that certain property commonly known as 3801 Ming Avenue. This hearing was duly advertised and the property owners notified as required by law. A proposed addition would occupy five existing parking spaces and would also require an additional five spaces. Mayor Shell declared the hearing open for public partici- patton. Mr. Don Messina, representing Long John Silver's, stated at the present time they are working w~th the entire shopping center, and their Real Estate Department has obtained a Surveyor and Title Company to research and define their property lines, so they wi]] know where they stand on the parking situation. They feel when this is resolved they will be able to meet the City's parking requirements. They would like to work with the Property Managers of the shopping center to obtain a clarification of the parking, so they can continue with their project. Mr. Messina presented a petition signed by customers of their business expressing support o[ the expansion of Long John Silver's. In answer to a question by Mayor Shell, asking if they were withdrawing their appeal, Mr. Messina stated they are present tonight to request the Council to consider the appeal on the basis that they are working with the entire shopping center, not their defined area. Director of Fire and Development Services Needham stated the City had the entire parking area for the shopping center analyzed as to how many parking spaces are required. Long John Bakersfield, California, September 12, 1954 - Page 20 101 Silver's will be required to install 10 more parking spaces for the proposed addition to their business. The shopping center has the option of applying the 30% allowable amount of parking spaces for compact cars. If they do that and restripe the lot they will have more than the required number of spaces to facilitate their needs. In answer to a question by Mayor Shell, Mr. Messina stated they are still asking to reduce their parking spaces from 19 to 9. Mr. Carl Foley, Shop Manager for Long John Silver's, stated they are working on defining their property lease lines and restriping the parking areas, and they would like to appeal this matter with those two things in mind, so they can meet the ordinance requirements. Except for the Christmas Season the parking is adequate. In the month of April the parking area was 50% empty and that tends to be the case 8 to l0 months of the year. The employee parking in the rear of the plaza is not being utilized. Mr. Clark Turner, Manager of Ardan's, stated parking in the shopping center is inadequate to begin with and it does not make sense to add 42 seats in Long John Silver's at the expense of 5 parking spaces outside. It would compound an already difficult situation. It would leave 9 parking spaces for both the customers and employees to share. If it is expanded their customers will be using parking allocated to other merchants. This addition will only help Long John Silver's at considerable expense to other merchants in the shopping center. Many of th(e merchants in this plaza rely on the Christmas Season to make it through the year. This selling season accounts for 60% of the entire years' sales and most of the profits. During this season there is no extra parking and, in fact, the existing parking is inadequate. Any reduction in space does not make good sense. The other merchants in the plaza are overwhelmingly opposed to this reduction in Long John Silver's parking requirements. Mr. Turner submitted a petition from merchants surrounding Long John Silver's expressing their opposition to the requested modifi- cation to permit a reduction in the required off-street parking spaces from 19 to 9. i02 Bakersfield, California, September 12, 1984 - Page 21 Mr. Tony Alvardo, owner of the dress shop directly behind Long John Silver's, 3803 Ming Avenue, stated the parking is inadequate during the holidays and weekends and expressed his opposition to restriping the parking area for felt the southwest area might end up with the situation as the downtown area. compact cars. He same parking 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 Ratty, decision of the Board of Zoning Adjustment was upheld and Modification requested by Long John Silver's, Inc., to permit the reduction of the required off-street parking spaces from 19 to 9 in a C-2-D (Commercial - Architectural Design) Zone, on that certain property commonly known as 3801 Ming Avenue, was denied by the following roll call vote: Ayes Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Noes None Absent: None This is the time set for public hearing before the Council regarding the modification of Ordinance No. 1552 New Series relating to the Cox Cable Television Franchise. This hearing was duly advertised. The Ordinance was given first reading at the meeting of August l, 1984. The proposed changes prov£de for a greater franchise lee payment to the City of Bakersfield, removal of advertising restrictions and authorization for minimim rate increases. City Attorney Oberholzer outlined several changes that were made to the ordinance after meeting with Cox Cable Television. The changes relate, basically, to tile issue of regulation of charges, fees or rates. The original ordinance stipulated that the Council regulates all rates and charges of the cable company. Ther,~ has been a decision by the Federal Communications Commission that states that local entities, at this time, only have the power to Bakersfield, California, September 12, 1984 - Page 22 regulate the basic subscriber services, only the local channels. That may change at a later date and in order to incorporate the ability of the Council to maintain control over rates and charges, based on what may happen in is called "basic subscriber 3 of the ordinance. Page 3 the future, services." talks about the City has defined what That definition is on Page the power of the Council to regulate and establish reasonable rates and charges. They have been limited to the basic subscriber services and other rates and charges, if not prohibited by Federal and State law. At this time, all other rates and charges are prohibited from local regulation. If it is changed at some future time that caa be incorporated. The change on Page 4 is the same thing. Section 3 has been amended to add Subsection (d) pursuant to tho agreement and report of the Committee on August 1, 1984, that this would be a 5 year agreement. There is a provision in the present 50 year franchise, that has been in existence since 1967, that states that the City and/or grantee, Cox Cable. has the right to request renegotiation of the provision, based upon economic and technical changes. Both parties have agreed[ as a result of the renegotiation, that there would be no changes for the next five years of that present agreement. Mayor She]] declared the hearing open for public partici- pation. Mr. Terry McNally, General Manager of Cox Cable Tele- vision, stated the final revisions have been read and are acceptable. The payments to the City, resulting from the agreement with Cox Cable, will be paid in two installments. The first installment will be paid as soon later than October l, appropriate interest, thanked the City Attorney and Committee members who negotiated agreement and stated they hope to continue to be a good cable company for Bakersfield. as possible and they will strive to pay no 1984. The second installment, with the will be paid by April 1, ]985. Mr. MeNally the 104 Bakersfield, California, September 12, 1984 - Page 23 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. Upon a motion by Councilman Rockoff, Ordinance No. 2939 New Series of the Council of the City of Bakersfield amending Section 1 (f), (j), and (k), Section 2 (e), (f) and (g), Section 3 (d), Section 9 (a), (b), and (c) and Section 14 (a) and (b) of Ordinance No. 1552 New Series relating to Cable Television Franchise, was adopted by the following roll call w)te: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Ayes: Noes: None Absent: None NEW BUSINESS Approval of Agreement with Earth- metrics, Inc., for preparation of an Environmental Impact Report (EIR) on the Proposed Garces Traffic Circle Improvement and relocation of Father Garces Statue. Three firms responsed to the City's request for proposals to do an EIR on the Garces Traffic Circle project. Their proposals, including costs and qualifications, were reviewed by a staff screening psne]. Cost range from $26,130.00 to $21,850.00. Staff recommends that Earthmetrics, Inc., of Burlingame be retained for $21,850.00 to complete a Draft EIR for distribution within 90 days. Sufficient funds are available in the project budget to cover the cost. Upon a motion by Councilman Christensen, Agreement with Earthmetrics, Inc., for preparation of an Environmental Impact Report (EIR) on the Proposed Garces Traffic Circle Improvement and relocation of Father Garces Statue, was approved and the Mayor was authorized to execute same. ADJOURNMENT There being no further business to come before the Bakersfield, California, September 12, 1984 - Page 24 105 Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:50 P.M. MAYOR of t~ City of Bakersfield, Calif. ATTEST: CITY CLEI~K and Ex Officio Clerk of the Council of the City of Bakersfield, California ma 106 Bakersfield, California, September 19, 198,4 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., September 19, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Inw)cation by Dr. Clyde Wasdin of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Hayor She]]. Councilmen Childs, Christensen, Councilman Minutes of Absent: Barton Regular approved as presented. Ratty, Rockoff Meeting of August 29, Moore, Payne 1984, were need for mated retail price is $32,000 and wholesale price is $27,000. It was the CommJttee's decision at that time, that this item be placed in the Auditorium budget. The piano was placed in the budget, but was red lined by staff. Councilman Christensen read a letter from the Kern Iligh Schoo] District indicating they would be very reluc- tant to continue to make their piano available to the City, as they have done in the past, as the District no longer wished to take the risk involved in moving the instrument From the school to the Civic Auditorium. The District hopes the City will see the value o£ acquiring their own instrument. Councilman Christensen further stated he met with City Manager Caravalho, Mr. Pete Jones, President; and Hr. John Farrer, Director of the Bakersfield Symphony Orchestra, and after much discussion, City Manager Caravalho stated he hoped the Council would approve $20,000 out of the Council Centingency Fund for the purchase of a concert grand piano. Mr. Jones and Mr. Farrer stated they wou]d try to work with Civic Organizations to raise the additional money needed. Councilman Christensen made a motion to authorize the appropriation of $20,000 from the Council Contingency Fund to be COUNCIL STATEMENTS Councilman Christensen stated the Auditorium and Community Committee met during the Spring of 1983 and discussed the a concert grand piano at the Civic Auditorium. The esti- Bakersfield, California, September 19, 1984 - Page 2 107 used towards the purchase of a concert grand piano for the Civic Auditorium. Councilman Christensen made a motion to cut off debate. This motion failed to carry by the following roll call w>te: Ayes Councilmen Childs, Christensen, Moore Noes Councilmen Payne, Ratty, Rockoff, Mayor Shell Absent: Councilman Barton 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. After a length]y discussion, stated that City Manager Caravalho is Assistant City Manager Russell in favor of purchasing a piano, but it was his impression that this issue would not come before the Council before the October 3, 1984, Council Meeting. There are monies available in the Capita] Improvement Fund. Acting Assistant City Manager Klimco stated he was asked to check alternative sources of funding for this item. There is money left in the Capital Outlay Fund, the balance has accrued from projects coming in under cost. He stated he has prepared a memorandum for City Manager Caravalho indicating the following alternative sources of money: General Fund; Council Contingency Fund; Revenue Sharing Funds and Capital Outlay Fund. It was going to be his recom- mendation to preserve the Council Contingency and General Funds and not use Revenue Sharing Funds because of the potential of having to advertise. There is a balance left in the Capital Outlay Fund, which the Council can use for just about any purpose at this time. Councilman Ratty made a substitute motion to defer action on allocation of $20,000 for a concert grand piano until the October 3, 1984 Council Meeting, at which time City Manager Caravalho will have the opportunity to provide the Council w~th more Jn£ormation. Upon a motion by Councilman Childs, the Council approved a five minute recess at 7:30 P.M., by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Councilman Ratty Councilman Barton Christensen, Moore, Payne, Rockoff 108 Bakersfield, California, September 19, 1984 - Page 3 Upon a motion by Councilman Ratty, action regarding allo- cation of $20,000 for a coneert grand piano was deferred until the October 3, 1984, Council Meeting, at which time City Manager Caravalho will have the opportunity to provide the Council with additional information. Councilman Payne stated he was notified that Mr. Larry Martin of Wildfire Art Galleries has been in contact with Mr. Roger Penske. Mr. Penske has indicated that if the citizens of Bakersfield are interested and will support a special recognition day for Mr. Rick Meats when he returns, he would be willing to donate $10,000 for a worthwhile cause, such as a hospital wing, special facility or something in the community to be named after Mr. Mears. tie would also send the Pennzoil Racing Team and Indy 500 Cars to BakersField For display and a community fund raiser. Councilman Payne indicated Mr. Penske would be in touch with Mayor Shell's Office in the next few days. Upon a motion by Councilman Ratty. communication from North Bakersfield Recreation and Park District, 405 Galaxy Avenue, Bakersfield, dated September ll, 1984, regarding compensation for developing properties, was referred to Business Development and Growth Committee. Mayor Shell complimented Fire and Development Services Director Needham on the Monthly Activity Report included in the Council packets this week, especially the status report on Major Projects. Councilman Rocko£f, mittee, read Report No. 24-84 Cooper's Nursery, as [ollows: REPORTS Chairman of Budget and Finance Com- regarding Truxtun Avenue Access for On May 17, 1984, the Planning Commission approved Tentative Parcel Map 7310 for the Cooper's Nursery property located across Truxtun Avenue from the City Corporation Yard. This Map was approved with the condition that a median island be constructed on Truxtun Avenue to prohibit left turns from the property. If an access street and traffic signal Bakersfield, California, September 19, 1984 - Page 4 were constructed to align with the main entrance into the Corporation Yard, left turns would be permitted. This alignment would require negotiation with the City for the acquisition of a 1.33 acre parcel from the southeast corner of the City owned property, which is presently being used as a road mixing area. During the last few months the Committee and Staff have had several meetings with the Developers regarding this matter. The Staff has indicated that a traffic signal at the entrance to the Corporation Yard would improve the safety of slow moving vehicles leaving and entering the Corporation Yard. In addition, a signal at this location would provide controlled access to the road mixing area and the old archery range site as well as the Cooper's property. Also, two existing driveway accesses to Truxtun Avenue could be eliminated. We have negotiated a va]ne of $133,000 for the ].33 acre parcel based on the appraisal of the property. The Developers would be required to construct the access road and traffic signal at an estimated cost of $120,000. Their total cost for the property would be $253,000. This value per square foot compares faw~rably with other sales of industrial zoned property in the area. After the improvements are completed, one-half of tho parcel would be dedicated to the City as a street. The remaining one-half would be utilized as part of their development. Therefore, this Committee recommends that the Mayor be authorized to sign a contract and grant deed selling the above-described property to Cooper's Nursery for $133,000 and construction of an access road and installation of a traffic signal, per approved plans. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 24-84, regarding Truxtun Avenue Access for Cooper's Nursery, was accepted; a contract and grant deed selling the above-described property to Cooper's Nursery in the amount of $133,000, and construction of an access road and installation of a traffic signal, per an,',roved ~)lans, was apnroved anJ the Mayor authorized to execute same. _~{onies received from the sale of the property to be set aside for the constructlon of the interchange at Truxtun Avenue Extension and Mohawk Street. Councilman Rockoff. Chairman of Budget and Finance Commit-- tee, read Report No. 25-84 regardin~; Business License Tax Audit, as follows: On May 30, 198,1, the City Cormoil approved Agreement No. 84-116 with Municipal Resource Consultants to provide a ~ales tax audit. 110 Bakersfield, California, September 19, 1984 - Page 5 Subsequent discussion between staff and MRC con- cerning the possibility of extending MRC's expertise into the area of Business License Taxes resulted in a proposal from MRC. This proposal provides for a fee of 30% of the first year's license lax recovered from the unlJcensed business submitted by MRC. This Committee noted the possiblity of additional revenue which otherwise would be lost. It is important to note the fee is on a contingency basis with no fees due MRC unless Business License Tax revenue is recovered as a result or the audit. Therefore, this Committee recommends the City Council direct staff to prepare an amendment to Agreement No. 84-116 with MRC to include Business License Tax audit services and authorize the Mayor to execute. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 25-84, regarding Business License Tax Audit, was accepted; and staff directed to prepare an amendment to Agree- ment No. 84-116 with Municipal Resource Consultants, to include Business License Tax audit service, and the Mayor authorized to execute same. Councilman Rockoff, Chairman of Budget and Finance Commit-- tee, read Report No. 26-84, regarding amending the 1984-85 Operating Budget for Parking Citation Process, as follows: Parking citations for the City of Bakersfield have been processed and c(~l]ected by the County of Kern for several years. The County has retained $1.00 per citation collected ~or the Courthouse Construction Fund in addition to a processing fee ol' 18.75%. The net proceeds were remitted to the City as revenue. In March of this year, the City was notified of the County's intent to raise its processing fee to 40% in order to cover its operating costs. Alternative methods have been pursued to limit the cost of collection, thereby insuring maximum parking citation revenue. On June 27, 1984, this Committee recommended and this Council concurred that staff be directed to negotiate a contract with Judicial Data ServJces (dba Optimal Data Corporation) to provide parking citation processing and collection services. The adopted 1984-85 operating budget was prepared on a basis consistent with previous years. This budget provided for the "net" revenue approach, in that amounts accruing to Kern County were deducted from amounts collected prior to turnover and revenue recognition. Bakersfield, California, September 19, 1984 - Page 6 111 In accordance with Council direction, the City has entered into a contract with Judicial Data Services to provide parking citation proc- essing and collection. All collections will be remitted to the City and realized as revenue in order to facilitate internal control and the cost of services will be billed to the City. While this change results in an increase Jn revenues and expenditures, net revenues should remain relatively constant. Therefore, this Committee recommends the General Fund 1984-85 operating hudget be amended to reflect the estimated additional $78,000 parking citation revenue and re]ated expenditures as follows: Increase estimated revenues- Court fines - other than traffic $78,000 Increase appropriations Finance Department Contributions to other OIher outside services agencies 34,125 43,875 Upon a motion by Councilman Rockof[, Budget and Finance Committee Report No. 26-84, regarding amending the 1984-85 Operating Budget for Parking Citation Processing, was accepted; and the General Fund 1984-85 Operating Budget was amended to reflect the estimated additional $78,000 Parking Citation Revenue and related expenditures. CONSENT CALENDAR The following items were listed on the Consent Calendar: a) Allowance of Claims Nos. 998 'to 1205, inclusive, in the amount of $547,051.7S. b) Claim for Damages and Personal Injuries from Desiderio Vega, c/o Michael O. Daniels, Attorney at Law, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) c) Public Utility Easement from Sill Properties, Inc., providing an easement as required by the Planning Commission for Parcel Hap 7048, located at the southwest corner of Arrow Street and Rio Mirada Drive. (d) Sewer Line Easement and a Sewer Line and Access Easement from Atlantic Richfield Company, pro- viding easements for sewer lines and access as required by the Planning Commission for Parcel Map 7353, located on the west side of South "H" Street from White Lane to Pacheco Road. (e) Public Utilities Easements to Pacific Gas and Electric Company from the City of Bakersfield. Provides easements for underground utilities as required by the Planning Commission for Tracts 4612, 4608, 4561 and 4494, located in City-owned landscape areas along the east side of Old River Road between Ming AVenue and White Lane. 112 Bakersfie]d, California, Sel~tember 19, 1984 - Page 7 (f) Notice of Completion and Acceptance of Work on the following: (1) Tract No. 4632, Contract No. 84-9~ with Tenneco Realty Development Corporation, located at Sage Driw- and Rosemary Court. (2) Tract No. 4612, Contract No. 83-190, Tenneco Realty Development Corporation, located at Old River Road and White Lane. with (3) Tract 4568 Unit 2, Contract No. 83-175, with Tenneco Realty Development Corporation, located at Kro]] Way and Gosford Road. (4) Parcel Map No. 6722, Contract No. 83-178, with Tenneco Realty I)evelopment Corporation, located at Chinon Street and Limoges Way. (5) Parcel Map No. 6791, Contract No. 83-154, with Tenneco Realty Development Corporation, located at Truxtun Avenue and Mohawk Street. Application for Encroachment Permit from Frank Meraz, 2300 Teresa Court, Bakersfield, for construction of a 35 inch high masonry retaining wall with a 6 foot high fence located behind the sidewalk on Dolfield Street at 2300 Teresa Court. (h) Plans for Traffic Signal Systems at White lane and Fambrough Drive; White Lane and Stine Road; and Planz Road and Stine Road. Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Moore, Payne, Ratty, Rockoff Noesl None Absent: Councilman Barton ACTION ON BIDS Upon a motion by Councilman Moore, low bid of Micon Construction Company, in the amount of $172,685.00, for Wastewater Treatment Plant 3 Lagoon Modifications, was accepted, all other bids rejected and the Mayor authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of Jim's Supply for Schedules 1 and 2, in the amount of $6,080.00, to ['urnish structural steel and hardware For Central Park Foot Bridge, was accepted, and all other bids rejected. Bakersfield, California, September 19, 1984 - Page 8 113 Upon a motion by Councilman Ratty, bids for Firehose Drying Tower were referred to Budget and Finance Committee. NEW BUSINESS Adoption of Resolution No. 78-84 of the Council of the City of Bakersfield approv- ing and authorizing the execution of a Fourth Implementation Agreement to the Disposition and Development Agreement by and between the Bakersfield Redevelopment Agency and Bakersfield Metropolitan Association. Due to a real or imaginary conflict of interest, Council- man Retry stated he would not participate in the discussion of the following matter. This Agreement amends the schedule and language pertain- ing to the land purchase for the hotel project. This Agreement does not involve a change in financing or the level of the Agency's participation. Therefore, a public hearing is not required. Upon a motion by Councilman Moore, Resolution No. 78-84 of the Council of the City of B~kersfield approving and authorizing the execution of a Fourth Implementation Agreement to the Disposition and Development Agreement by and between the Bakersfield Redevelop- ment Agency and Bakersfield Metropolitan Association was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, ~loore Payne, Rockoff Noes: None Absent: Councilman Barton Abstaining: Councilman Retry Approval of Agreement with Ed Rodgers Auctioneer, for rental of property located at 16th and "S" Streets. As on previous occasions, Ed Rodgers, Auctioneer, is requesting to rent the City property at 16th and "S" Streets (Old City Corporation Yard), for a public auction. City staff considers a daily rental of $75.00 to be acceptable and would recommend Coun(~il approval. 114 Bakersfield, California, September 19, 1984 - Page 9 Upon a motion by Councilman Childs, Agreement: with Ed Rodgers, Auctioneer for rental of' property located at 16th and "S" Streets. was approved and the Mayor authorized to execute same. ADJOURNM~;NT There being no further business to come before the Council, upon a motion by Councilman Chri.~tensen, the meeting was adjourned at 8:10 P.M. MAYOR of the~ ]~ity of Bakersfield, Cali~. / ATTEST: CITY CLER?[ and Ex Officio Clerk of the Council of the City of Bakersfielci, Ca]if,~rnJa CW