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HomeMy WebLinkAboutOCT - DEC 1984Bakersfield, California, October 3, 1984 115 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., October 3, ]984. The meeting was ca]led to order by )~ayor Shell, followed by the Pledge o[ Allegiance and Invocation by Reverend Dick Ferris of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor She]]. Councilmen Christensen, Hoore, Payne, Ratty, Rockoff, Barton, Childs Absent: None MINUTES Councilman Christensen requested that the minutes of the regular meetings of September 12 and 19, 1984, be approved, with the exception that action on the portion of the minutes of September 19, 1984, regarding the Concert Piano for the Civic Auditorium, be deferred until after the report from the City )~anager on that subject is acted on. In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated not approving minutes has to be on the grounds of a discrepancy or inaccuracy. The minutes reflect the official record of the Legislative Body. If Councilman Christensen is contending there is an inaccuracy, and the entire tape must be played in order to hear the inaccuracy, that would be an appropriate motion. However, if the Council is convinced the minutes properly reflect what transpired, it would be appropriate to overrule or defeat the motion. Councilman Christensen stated he listened to the tape regarding the Concert Piano for the Civic Auditorium, and he also requested that the City Manager listen to the tape. which he did, and there are many points and issues that were ].eft out of the minutes. He felt the minutes are incomplete. Councilman Barton offered a substitute motion that the minutes of the regular meeting of September 12, 1984, be approved, 116 Bakersfield, California, October 3, 1984 - Page 2 and the minutes of the regular meeting of September 19, 1984, be placed under Reports as Item No. 6. This motion was unanimously approved. SCHEDULED PUBLIC STATEMENTS Mr. Scott Rollins, 601Pa(~heco Road, No. 39, Chairman of the Bakersfield Action Commission, requested that the Council give serious consideration to synchronization of traffic signals in the City. In a poll conducted of 426 persons, 380 favored synchronization, 40 disapproved and 6 had no comment. Two hundred eighty-nine, of those persons polled, stated they would be willing to pay for the synchronization because of the obvious benefits it would reap for the City and its' people. save manhours, vehicle maintenance, fuel, from work and help service agencies that Synchronization would commuters going to and rely on the roads to make their living. Other cities have accomplished synchronization without spending a great deal of money and they have found it to be profitable ~n a short period of time. Upon a motion by Councilman Rockoff, the subject of synchronized traffic signals was referred to the Growth and Develop- ment Committee for study. CORRESPONDENCE Upon a motion by Councilman Barton, communication from TRIAD Industries, 3200 - 21st Street, Bakersfield, dated September 20, 1984, requesting rezoning and a General Plan Amendment for properties located at the northwest corner of South "H" Street and Pacheco Road, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Payne stated Jn the past week there have been several inquiries as to why he was absent from last Thursday's Redevelopment Agency Meeting. Several months ago he entered into a very complicated real estate transaction. Prior to last Thursday's meeting a third party amendment was drawn on the escrow that indicated Bakersfield, California, October 3, 1984 - Page 3 117 one of the initial party's transaction might be substituted by another party as a nominee. Precluding his acceptance of that amendment the third party was proposed as a substitution on a double escrow with concurrent closings. As a result of the con- versation between the other parties the amended escrow was presented to him for consideration as a secured third party. It appeared, as a result of the amendment, there could be a potential conflict of interest on his behalf, unknown to the other parties in the escrow. The City Attorney is consulting with the Fair Political Practices Commission in Sacramento on this matter for a ruling as to whether or not there is a real or potential conflict of interest. Due to the complex nature of the transaction neither the Fair Political Practices Commission nor the City Attorney could render an immediate decision. On the advice of the City Attorney, while waiting for a written opinion from the F.P.P.C., he will not participate in any decision relating to the Truxtun Galleria. Councilman Childs commended a Police Officer for his politeness when he warned him about illegal u-turns and jaywalking across Eye Street to reach City Hall. He also thanked City Manager Caravalho who brought this to his attention, just prior to the warning by the Police Officer. Councilman Barton stated he was absent from the meeting of September 19, 1984, because he was in Washington, D.C. meeting with Senator Cranston, Congressman Thomas and the F.A.A. regarding the Bakersfield A~rpark and encouraging their support of Enterprise Zone Legislation on the Federal level. Congressman Thomas were supportive and supportive of the Bakersfield project. Senator Cranstc, n and the F.A.A. Director was Since he did no.t have time to obtain permission from the Council for this trip he personally paid for it with his own money. Councilman Moore stated last May, after the [mergency Preparedness Dr~l], the Council approved holding two drills per year, in April and October. Councilman Moore thanked City Manager 118 Bakersfield, California, October 3, 1984 - Page 4 Caravalho, Director of Fire and Development Services Needham and Assistant Fire Chief Kelly for their diligent ef[orts in the matter. City Manager Caravalho stated on October 23, 1984, a session will be held with staff, primarily to assure that all depart- ment managers are familiar with procedures for a disaster and dealing with the County, State and Federal governments, if necessary. In the Spring of 1985 steps will be taken to actively involve them and it is hoped that a year from now a full exercise program can be developed that will include all interested parties to evaluate the City's capability in responding to a major emergency. Councilman Ratty commended Councilman Moore for pushing the City on the Emergency Preparedness Program because something needed to be done. Due to the fact that Emergency Preparedness is such an important matter, Councilman Ratty made a motion to refer it to the Water Resources Committee to make sure it is constantly monitored and pushed along. This motion was unanimously approved. Referral of a Resolution o[ the Council of the City of Bakersfield requesting Governor Deukmejian's support of an alternate route for State Highway 178 through the Kern River Canyon. ~ayor Shell stated she was contacted by Mr. Lloyd Mayes, of the Kern River Valley, requesting the realignment of State Route 178 be completed and they are asking the City to assist by adopting a resolution. The Kern County Board of Supervisors has adopted a resolution supporting this matter and, in keeping with Mr. Mayes' request, Mayor Shell submitted a resolution to the Council for their consideration. Councilman Rockoff stated since this matter affects a portion of the Third Ward he would like it assigned to a Committee he sits on. Upon a motion by Councilman Rockoff, Resolution of the Council of the City of Bakersfield requesting Governor Deukmejian's Bakersfield, California, October 3, 198,i - Page 5 119 support of an alternate route for State Highway 178 through the Kern River Canyon, was referred to the Growth and Development Committee for study and recommendation. Councilman Childs stated he agrees with Councilman Rockoff, that since Councilman Moore has put a great deal of work into Emergency Preparedness that the matter be referred to a Committee he is a member of, however, he is concerned about items being referred to the proper Councii Committee. REPORTS Councilman Rockoff, member of the Growth and Development Committee, read Report No. 11-84 regarding Sewer Farm Land Sale to High School Districts, as follows: In February, 1984, the Kern High School District purchased 72.5 acres of land at the City's Southeast Sewer Farm for its Vocational Agri- cultural Training Center. This property was appraised at $4,000 per acre and was sold at a price of $290,000. At the time of the purchase, the High School District representatives dis-- cussed the possibility of the City selling an additional 4.86 acres which are contiguous to the north of the 72.5 acres. This land was considered to be more valuable to the City as it is not restricted for agricultural uses only and it fronts on Mt. Vernon Avenue. Therefore, an appraisal was ordered by the City before negotiations took place. The Growth and Development Committee has since met with City staff and has considered the sale of this property based on the recent appraised value, which was determined to be $]00,400. This amounts to $20,658 pot acre. which we fee] is fair to both parties. This Committee also recommended the following condition be placed in the escrow instructions: Should the District sell the property within twenty years, the District shall pay to the City one half of the difference between the price the District obtains for the property less the then appraised value of all buildings and facilities affixed to the property and the $100,400 original purchase price of the land. This condition and the purchase price was approw, d by the High School District Board of Directors on September 20, 1984. The Growth and Developmenl Committee is now recommending City Council approval of this sale based on the appraised value of $100,400 and the aforementioned condition. We further recommend the Council direct the City Attorney to prepare the appropriate documents to be returned to the Council for final approval. 120' Bakersfield, California, October 3, 1984 - Page 6 Upon a motion by Councilman Rockoff, Growth and Develop- ment Committee Report No. 11-84 regarding Sewer Farm Land Sale to High School District, was accepted; sa~e based on the appraised value of $100,400 and condition set forth in the report, was approved; and the City Attorney was directed to prepare the appropriate documents to be returned to the Council for final approval. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 27-84 regarding Amending the 1984-85 Budget for Public Safety Communication Equipment, as follows: The initial purchase and subsequent replacement of portable communication equipment has traditionally been funded by the Genera] Fund. This Committee noted that this process contributes to peaks and valleys in departmental Capital Outlay Budget requests. Further, this Committee noted that portable communication could be budgeted and acceunted for in a manner similar to vehicles and rolling stock. New equipment to be funded as a Capital Outlay Item, however, replacements would be accomplished by the Equipment Replacement Fund. The Equipment Replacement Fund would accumulate resources over the equipment's useful life through rental charges to the user departments, thereby~ limiting fluctuation in departmental Operating Budgets. The Police and F~re Depart- ments have included estimated rental charges for communication equipment in their 1984-85 Operatling Budgets. This Committee has reviewed the requests for additional public safety communication equip- ment. We have noted that funds are available in the Capita] Outlay Fund and recommend funding $84,000 with said resources. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 27-84 regarding Amending the 1984-85 Budget for Public Safety Communication Equipment, was accepted; and funding $84,000 from the Capital Outlay Fund for Public Safety Communication Equipment, was approved. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 28-84 regarding Financial Consultant - Wastewater Treatment Plant #3, as follows: Bakers£ield, California, October 3, i984 - Page 7 The City is presently proceeding with the up- grading and expansion of Wastewater Treatment Plant #3. As you are aware, the method for financing the upgrading and expansion will be the issuance of leasehold mortgage bonds by the City of Bakersfield Public Facilities Corporation. On April 4, 1984, the City Council employed Stradling, Yocca, Carlson & Rauth as Bond Counsel for purposes of forming the nonprofit corporation and other legal services relative to the bond issue. The Bond Counsel has formed the nonprofit corporation and as was th¢~ case with the non.- profit corporation for the expansion of Waste- water Treatment Plant #2, it is necessary to appoint a financial consultant for the bond issue prospectus. Staff has obtained quotes from various financial consultants experienced in bond issues. The low quote of not-to-exceed $17,500 was from Rauscher. Pierce & Refnes. This firm provided the preliminary financial analysis for the proposed upgrading and expansion of Plant #3. In order to proceed with the financing the corporation requests that the City advance funds for these consulting services. The City will be reimbursed from bond sale proceeds. This Committee noted the fmportance of the timely upgrading and expansion of Treatment Plant #3. Therefore, we recommend that the City Council[ authorize an advance of $17,500 to the City of Bakersfield Public Facilities Corporation for financial consulting services on the condition that this advance be returned upon issuance of debt instruments. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 28-84 regarding Financial Consultant - Waste- water Treatment Plant #3, was accepted; and advancement of $17,500 to the City of Bakersfield Public Facilities Corporation for financial consulting services, on the condition that this advance be returned upon issuance of debt instruments, was approved. City Manager Caravalho presented a report regarding Concert Piano - Civic Auditorium, as follows: Recommendation: That the City budget $20.000 towards the purchase of a concert piano by transferring $20,000 from the Capita] Outlay Fund to the Auditorium budget. The remaining $10,000+ will be raised through private donations and financial support from service organizations. 122 Bakersfield, California, October 3, 1984 - Page 8 Background: Recently Mr. Christensen and I met with repre- sentatives from the community to discuss their budget request for the purchase of this piano. They indicated that for many years they had attempted to get the City to purchase a piano for concerts at the Civic Auditorium without SUCCESS. Whenever there is an event at the Auditorium, a piano must be borrowed and transported to the site. This is an increasing problem in that people are unwilling to allow such an expensive piano to be moved. It is felt that the City should make this purchase as recommended above. Upon a motion by Councilman Christensen, report from the City Manager regarding Concert Piano - Civic Auditorium, was accepted; and $20,000 was budgeted towards the purchase of a Concert Piano by transferring $20,000 from the Capital Outlay Fund to the Auditorium Budget; the remaining $10,000+ is to be raised through private donations and financial support from service organizations; and the $20,000 is not to be used until the $10,000+ is raised. City Manager Caravalho presented a report regarding Proposition 36, as follows: Recommendation: The City Council pass a resolution opposing Proposition 36 inasmuch as it will reduce City revenues by approximately $2.3 million and substantially constrain the ability of the City to operate effectively. Background: At the last City Council meeting, you received information regarding the impact of Prposition 36 (Howard Rarvis Initiative) on the City of Bakersfield. Additional information is provided for your review. It is recommended that the City take a position to oppose this measure. Adoption of Resolution No. 79-84 of the Council of the City of Bakers- field opposing Proposition 36 on the November 6, 1984, Ballot (Jarvis IV). Upon a motion by Councilman Christensen, Resolution No. 79-84 of the Council of the City of Bakersfield opposing Proposition 36 on the November 6, 1984, Ballot (Jarvin IV), was adopted by the Bakersfield, California~ October 3, 1984 - Page 9 123 following roll call vote: Ayes: Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Barton, Childs Noes: None Absent: None Councilman Ratty stated he supports opposing Proposition 36, however, in the past, there have been conflicts between Councilmen over various Propositions on the ballot. Although the Council unanimously opposes Proposition 36, he would l~ike to stress the point that if there is a division of opinion that [he Council not take a position. Councflman Christensen stated he [eels J[ a Proposition has a direct affect on the City that the Council should act on it. Upon a motion by Councilman Barton. Report from the City Manager regarding Proposition 36, was accepted. Upon a motion by Councilman Christensen, Minutes of the regular meeting of September 19, 19S4, were approved as presented. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1206 to 1457, inclusive, in the amount of $582,477.06. (b) Claim for Damages and Personal Injuries from Lyle Blake, c/o Michael J. Webb, Attorney at Law, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) (c) Claim for Damages frem Wausua Insurance Company, c/o Goldberg, Fieher and Quirk, 1600 "M" Street, Bakersfield. (Refer te City Attorney) (d) Application for Leave to Present Late Claim for Damages from Hartford Accident and Indemnity Company on behalf of Service Oil Company, 5100 California Avenue, Suite 204, Bakersfield. (Refer to City Attorney) (e) Street Right-of-Way Deed from Ilene Dennan, Marian V. Lucas and Marcia J. Lucas pro- viding additional two feet of right-of-way for a portion of the north side of Belle Terrace between McDonald Way and Jones Street as required for County Parcel No. 7279. 124 Bakersfield, California, October 3, 1984 - Page 10 (f) (g) (h) (~) (j) (k) (1) (m) (n) Grant Deed from Atlantic Richfield Company providing for drainage retention basins as required for Parcel Map No. 7353, located between Hughes Lane and South "R" Street, north of Pacheco Road. Offer of Dedication from Atlantic Richfield Company providing easements for street purposes as required by the Planning Com- mission for Parcel Map No. 7353, located south of White Lane, west of South "H" Street. Notice of Completion and Acceptance of Work on Fire System Improvements in the King/Beale Street Alley between Pacific and Quincy Streets, Contract No. 84-19 with California Water Service Company. Notice of Completion and Acceptance of Work on Fire System Improvements on Robinson Street between Niles/Oregon Street Alley and Oregon/Pacific Street Alley, Contract No. 84-18 with California Water Service Company. Notice of Completion and Acceptance of Work on Fire System Improvements on Miller Street between Quincy/Flower Street Alley and Quincy/Pacific Street Alley, Contract No. 84-16 with California Water Service Company. Notice of Completion and Acceptance of Work on Fire System Improvements on Miller Street between Kentucky/Lake Street Alley and Lake/Monterey Street Alley, Contract No. 84-17 with California Water Service Company. Notices of Completion and Acceptance of Work on: Tract No. 4634, Contract No. 83-155 with Parkwest, located at White Lane and Dove- wood Street. Tract No. 4642, Contract No. 84-36 with Homestead Land Development, located at Wible Road and Harris Road. Application for Encroachment Permit from Coleman Construction Company, 1001 Tower Way, Bakersfield, for construction of a four foot high wrought iron fence located behind the sidewalk to enclose model sales homes. Application for Encroachment Permit from Don Judkins, Star Route 4, Box 314, Bakersfield, for construction of a six foot fence wall surrounding existing KPMC Transmitter Building on Artimus Court encroaching approximately one foot into the right-of-way at 3809, 3813 Artimus Court. The street is in a new subdivision with no residents at this time. Bakersfield, California, October 3, 1984 - Page 125 o) (p) (q) (r) (s) (t) (u) (v) (w) (x) Application for Encroachment Permit from Downtown Business Association, 1527 - 19th Street, Bakersfield, for installation of Christmas Decorations across Chester Avenue at eight (8) locations between 17th and 21st Streets. Public Works Department recommends approw~l with the condition that the decorations not obscure traffic signals or other traffic control devices and shall have adequate vertical clearance above the street. Application for Encroachment Permit from Rick Maggio, 2300 Clara Street, Bakers- field, for construction of a 35-inch high retaining wall with a six foot high fence on top behind sidewalk on Dolefield Street at 2300 Clara Street. Contract Change Order No. 2 to Contract No. 84-59 with California Water Service Company for work on the Westminster Ceramics Project, 2201 East Brundage Lane. This Change Order is necessary to avoid a storm drain within the right-of-way water line on Quantico Avenue, extra depth and shoring was necessary, and to provide adequate stabilization for butterfly valves to eliminate movemen~ when operable. Funds are available from the Contingency Account of this Agreement (CI)BG Job's Bill). The Change Order will increase the conCract by $7,768.60. Agreement between the City of Bakersfield and Panama Union School District to conduct and maintain a planning and supervising recreational activity. Agreement between the City of Bakersfield and Susan DiFranzo for instruction in Beginning Ballet and Jazz. Agreement between the City of Bakersfield and Ideana Hickle for instruction in Bowling. Agreement between the City of Bakersfield and Gary DiFranzo for instruction in Basic Learning Skills. Agreement between the City of Bakersfield and Laurel Schremp for instruction in Hobby Ceramics. Agreement between the City of Bakersfield and Kern County Economic Opportunity Corporation (Headstart) for rental of the Susie B. Goodloe Room and storage areas at the Martin Luther King Community Center for a period of nine months. Agreement between the City of Bakersfield and Susan Anderson For instruction in Calligraphy. 126 Bakersfield, California, October 3, 1984 - Page 12 (y) Agreement between the City of Bakersfield and Gene Carol for instruction in Tennis Lessons. Upon a motion by Councilman Rockoff, Items (a), (b), (d), (e), (f), (g), (h), (i), (j), (k), (1). (m), (n), (o), (p), (q). (r). (s). (t), (u), (v), (w), (x) and (y) of the Consent Calendar. were adopted by the 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, Inc.~ in the amount of $31,970.48, Rockford, Wastewater Treatment Facility, was accepted. Upon a motion by Councilman Childs, (c), bid of Richards of for Aerators for bid of Pacific West Sound, in the amount of $13,996.24, for Sound Mixing Console for the Civic Auditorium, was accepted. Upon a motion by Councilman Barton, bid of Union Engineering Company, Inc., in the amount of $40,557.50, for Pacheco Pipe Widening at Branch 1 of the Kern Island Canal, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, low bid of C & L Coatings, in the amount of $31,978.00, for repairing and resurfacing arena floor and concession area at the Civic Auditorium, was accept,~d and the other bid rejected. Upon a motion by Councilman Payne, low bid of Pitney Bowes, in the amount of $8,424.77, for Mailing System in the City Clerk's Office, was accepted and the other bid rejected. Upon a motion by Councilman Childs, low bids of Business Information Systems for 1 item, in the amount of $21,670.11, and Integrated Systems Group for 2 items, in the amount of $13,813.78, for Prime Computer Equipment, were accepted. Bakersfield, California~ October 3, 1984 - Page 13 Upon a motion by Counci]man Barton, low bid of Granite Construction Company, in the amount of $73,425.00, for resurfacing Hughes Lane between Wilson Road and Ming Avenue, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upgn a motion by Councilman Barton, low bid of Conejo Constructors, in the amount of $72,870.00, for extension of a Reinforced Concrete Box Culvert on Planz Road at the Kern Island Canal, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low base bid of James G. Francis, in the amount of $54,800.00, for Canal Culvert and Street Widening at Harris Road near Wible Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, low bid of SJC Engineering Contracting, Inc., in the amount of $16],123.00, for construction of a Reinforced Concrete Box Culvert on Sacramento Street at the Eastside Canal and Union Avenue Culvert Extension at the Eastside Canal, was accepted, all o~her bids rejected and the Mayor was authorized to execute the contract, contingent upon the contractor satisfying all State requirements. Upon a motion by Councilman Payne, low bid of SJC Engineering Contracting, Inc., in the amount of $339,0]9.20, for realignment of the Kern Island Canal from Faith Avenue to 700 feet south of Panama Lane and construction of a Bridge at Panama Lane and the Kern Island Canal, the bid; and second lowest the amount of $456 984.90, was relieved due to an error in preparing bid of Union Engineers Compsny, Inc., in was accepted, all other bids: rejected and the Mayor was authorized to exe~!ute the contract. Upon a motion by Councilman Payne, usual bidding require- ments were dispensed with, in accordance with Section 2;.20.060 of the Municipal Code, and the Finance Operations Manager was authorized 128 Bakersfield, California, October 3, 1984 - Page 14 to negotiate a price, within the amount budgeted, for four Lanier Central Dictation Recorders. Upon a motion by Councilman Moore, 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 Motorola Communications for furnishing budgeted amount of and installing Radio Systems, not to exceed the $47,900.00. DEFERRED BUSINESS 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 of January 11, 1984. reading at the meeting The Growth and Development Committee has had several meetings with representatives of developers and other interested groups to consider a staff proposal. Those representatives have indicated they will be meeting on October 15, 3984. Staff intends to present the draft proposal to the Growth and Development Committee the following week and then return October 31, 1984. the matter to the Council on 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 October 3l, Ayes Noes Absent: and Objectives, was 1984, by the following roll Councilmen Christensen, Moore, Barton, Childs None None deferred until the Council Meeting of call vote: Payne, Ratty, Rockoff, Bakersfield, California, October 3, 1984 - Page 15 129 Adoption of Zoning Resolution No. 318 of the Council of the City of Bakersfield denying the Appeal of Long John Silver's, Inc., from the decision of the Board of Zoning Adjustment denying a Modification affecting that certain property as hereinafter described and zoned as a C-2-D (Commercial - Architectural Design) Zone to permit the reduction of the required off-street parking spaces from 19 to 9 spaces on that certain property commonly known as 3801 Ming Avenue. This resolution sets forth the decision of the Council following the appeal hearing on this matter held September 12, 1984. Upon a motion by Councilman Ratty, Zoning Resolution No. 318 of the Council of the City of Bakersfield denying the Appeal of Long John Silver's, Inc., from the decision of the :Board of Zoning Adjustment denying a Modification affecting that certain property as hereinafter described and zoned as a C-2-D (Commercial - Architectural Design) Zone to permit the reduction of the required off-street parking spaces from 19 to 9 spaces on that certain property commonly known as 3801 Ming Avenue, was adopted by the following roll call vote: Ayes Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Barton, Childs Noes None Absent: None Adoption of Zoning Resolution No. 319 of the Council of the City of Bakersfield approving and adopting Negative Declaration and approving Conditional Use Permit to allow Heliport on that property commonly known as the Greater Bakersfield Memorial Hospital, north of 34th Street and east of San Dimas Street. This resolution sets forth the decision of the Council following the hearing on this matter held August 15, 1984. Upon a motion by Councilman Christensen, Zoning Resolution No. 319 of the Council of the City of Bakersfield approving and adopting Negative Declaration and approving Conditional Use Permit 130 Bakersfield, California, October 3, 1984 - Page 16 to allow Heliport on that property co~nonly known as the Greater Bakersfield Memorial Hospital, north of 34th Street and east of San Dimas Street, was adopted by the following roll call vote: Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Ayes: Barton, Noes: None Absent: None Childs HEARINGS merit General Plan and Proposed Environmental Documents following general areas: Segment I: TRE WARMINGTON COMPANY has applied to amend the Land Use Element of the Bakersfield General Plan by extending the Plan boundaries to include a 6.534 acre site located at the northwest corner of Rose- dale Highway and Freeway 99 and to designate it for Commercial use. This is the time set for public hearing regarding amend- to tile Land Use Element of the Bakersfield Metropolitan Area Segment II: concerning the PROPERTY OWNERS BY PETITION have applied to change the Commercial and Office designations for 7.07 acres to Low Density Residential (0.5 to 5.49 dwelling units per gross acre) located on both sides of 17th Street between "S" and "V" Streets. This hearing was duly adwartised and the property owners notified as required by law. The Planning Commission approved the Negative Declaration for Segment I and recommended approval of Segment I with conditions. The Planning Commission recommended denial of Segment II. Mayor Shell declared the hearing open for public partici- pation on Segment I. Mr. Ronald Ruettgers, representing property owners on Civil Engineer, 2707 "F" Street, the south side of Rosedale Highway, immediately south of the proposed project, not to oppose the project, Mr. Ruettgers submitted a concerns with: stated their purpose is but advise the Council of their concerns. letter to the Council expressing their Bakersfield, California, October 3, 1984 - Page 17 1. The available traffic capacity entering and exiting Rosedale Highway at E1 Camino del Rio Court. 2. The available sewer capacity in a line proposed to serve property to the south of Rosedale Highway. Mr. Mark McAlpine, representing the developer, Robert P. Warmington Company. requested that the Council approve Segment I of the General Plan Amendment. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing on Segment I for Council deliberation and action. In answer to a question by Councilman Ratty, Dlrector of Public Works Hawley stated the property owners will be required to modify the traffic signal at their expense. There is a connection fee that will be applied to this property to upgrade tlhe sewer system that was referred to by Mr. Ruettgers. The property owners will be paying for both sewers and upgrading the traffic signal. Upon a motlon by Councilman Ratty, Resolution No. 80-84 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment I of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-84), call vote: Ayes Councilmen Christensen, was adopted by the following roll Moore, Payne, Ratty, Rockoff, Barton, Childs Noes None Absent: None Mayor Shell pation on Segment II. Mr. George Quick, 409 - Council uphold the recommendation declared the hearing open for public partici- 17th Street, requested that the of the Planning Commission and reject Segment II of the General Plan Amendment. At the present time the proponents are not pushing for this amendment. 132 Bakersfield, California, October 3, 1984 - Page 18 No further protests or objections being received and no one wishing to speak in favor, Mayor Shell closed the public portion of the hearing on Segment II for Ceuncil deliberation and action. Councilman Rockoff asked if the General Plan and Zoning will be in conflict if Segment II ks denied. City Attorney Oberholzer stated that property has not been rezoned to conform to the General Plan. Councilman Rockoff asked if the General Plan designates the property as Commercial and the zoning designation is Residential. City Attorney Oberholzer stated he believes the zoning is still Residential and the City will have to conform the zoning with the General Plan. In answer to a question by Mayor Shell, Director of Fire and Development Services Needham stated the property owners originally requested this amendment to the Land Use Element to Low Density Residential, however, they are no longer in favor of that, due to the adoption of the Redevelopment Element. The General Plan now depicts Residential and Commercial in that area in a varied type of arrangement. They do understand the Residential portion is adopted and no longer wish to pursue this amendment. Upon a motion by Councilman Ratty, Resolution No. 81-84 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and denying Segment II of proposed amendment to the Land Use Element of the Plan (Land Use Amendment 2-84), call vote: Ayes Councilmen Christensen, Moore, Barton, Childs None None Noes Absent: Bakersfield Metropolitan Area General was adopted by the following roll Payne, Ratty, Rockoff, NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding Prezoning of property known as Rosedale No. 2 Annexation. Bakersfield, California, October 3, 1984 - Page 19 This amendment prezones property owned by the Republic Supply Company (by Robert P. Warmington Company) to a C-2 (Commercial) or more restrictive Zone. The Planning Commission recommended approval of the pre- zoning for the Rosedale No. 2 Annexation territory to the City Council on July 19, 1984. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding Prezoning of property known as Rosedale No. 2 Annexation. Adoption of Resolution No. 82-84 of Application of the Council of the City of Bakersfield proposing pro- ceedings for Annexation of territory to the City of Bakersfield identified as Annexation No. 291 (Rosedale No. 2). On July 19, 1984, the Planning Commission recommended to the City Council the adoption of a resolution initiating annexation proceedings at the Local Agency Formation Commission for 6.534 acres of uninhabited territory located at the northwest corner of State Highway 58 (Rosedale Highway) and State Highway 99. Upon a motion by Councilman Ratty, Resolution No. 82-84 of Application of the Council of the City of Bakersfield proposing proceedings for Annexation of territory to the City of Bakersfield identified as Annexation No. 291 the following roll call vote: Councilmen Christensen, Barton, Ayes Noes Absent: None None (Rosedale No. 2), was adopted by Moore, Payne, Ratty, Rockoff, Childs Approval of Agreement between the Southern Pacific Transportation Company and the City of Bakersfield providing an easement and conditions for construction of the Sandra Drive Storm Drain along the railroad right- of-way, north or Planz Road. 134 Bakersfield, California, October 3, 1984 - Page 20 The total cost of the easement is $7,500.00 and sufficient funds are budgeted fin the current Fiscal Year for this project. Upon a motion by Councilman Barton, Agreement between the Southern Pacific Transportation Company and the City of Bakers-. field providing an easement and conditions for construction of the Sandra Drive Storm Drain along the railroad right-of-way, north of was approved and the Mayor was authorized to execute Planz Road, same. Approval of Modification to Agreement No. 83-1, Memorandum of Understanding between the City of Bakersfield and the ttousing Authority of the County of Kern for the Rental Rehabilitation Demonstration Program. Modification of Agreement No. 83-1, allows the Housing Authority to use the City's Section 8 Certificates until such time as these Certificates are needed for completed units rehabilitated by the City under the Rental Rehabilitation Demonstration Program. The Housing Authority's Section 8 Certificate turnover rate will accommodate the units completed under the program, in the event that the City needs the Certificates in the future. Upon a motion by Councilman Childs, Modfication to Agreement No. 83-1, Memorandum of Understanding between the City of Bakersfield and the Housing Authority of the County of Kern for the Rental Rehabilitation Demonstration Program, was the Mayor was authorized to execute same. ADJOURNMENT There being no further business to come before Council, upon a motion by Councilman Christensen, adjourned at 8:30 P.M. approved and the the meeting was MAS~0R of the C~ty of Bakersfield, Calif. / / ATTEST: CITS~ CLERK and Ex Officio Clerk of of the City of Bakersfield, the Council California ma Bakersfield, California, October 17, 1984 ~inutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hail at 7:00 P.M., October 17, 1984. The meetin~ was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Robert Ferguson of the Covenant Presbyterian Church. The City Clerk called th~, roll as follows: Present: Mayor Shell. Councilmen ~oore, Payne, Ratty, Rockoff, Barton (seated at 7:45 P.M.) Childs, Christensen Absent: None Hinutes of Reeular ~eeting of October 3, ]984, were approved as presented. SCHEDULED PUBLIC STATEMENTS Ms. Lily Nahama, President of the Board of Education of the Bakersfield City School District, spoke regarding the traffic problem on Char~er Avenue at Chi~man and Eissler Schools. This is a problem of access into and out mf the area, compounded with approx- imately 1,000 students walking and riding bicycles. There is a large area of vacant private property, proposed for develonment, with a proposed road, adjacent to the schools. The property is owned by Giumarra Fruit Company. During the past [our years that she has served on the Board of Education, there ha~ been no solution or action, therefore, she is now asking the Council to assist the School Dis- trict and concerned parents with resolving this problem. Mrs. Sheila A. Murphy, 4301 Christmas Tree Lane, represent- ing concerned parents of Eissler and Chipman Schools, stated they have been working with City Staff, Councilman Rockoff, and the Bakers- field City School District to try to resolve the traffic problem. At the present time, nothing has been accomvlJshed with the private property owner, and concerned paren2s are now asking the Council to assist in this effort. Councilman Rockoff' stated he would like to give credit to the City Staff, as he knows they have worked diligently attempting 13'6 Bakersfield, California, October 17, 1984 - Page 2 to work out an arrangement with the property owner. This problem must be solved immediately. Upon a motion by Councilman Rockoff, the traffic problem on Charger Avenue at Eissler and Chipman Schools, was referred to the Growth and Development Committee immediate]y, and given top priority, with a progress report to come back to the Council on October 3], 1984. Mr. Bob O'Rand, Chairman of the Bakersfield Firefighters Legislative Action Group, presented Mayor Shell with a plaque entitled, "The Rescue" in honor of and appreciation for the work she has done for the City of Bakersfield. COUNCIL STATEMENTS Councilman Childs requested staff prepare a status report on the Lakeview Outreach Office to be brought back to the Council on October 31, 1984. Mayor She11 announced that there will be a Crime Prevention Fair sponsored by the Kern County Crime Prevention Task Force on Saturday, October 20, ]984, at the Bakersfield College Downtown Center, with a variety of seminars and exhibits. REPORTS Councilman Christensen, Chairman of Auditorium and Com- munity Services Committee, read Report No. ]1-84 regarding North Bakersfield Parks and Recreation District Request, as follows: On September 11, 1984, the City Council received a letter from the North Bakersfield Recreation and Park District requesting that the City of Bakersfield adopt a policy whereby subdividers would be required to contribute $1,000 per acre for the acquisition and development of park and recreation facilities within their district boundaries. This request was referred to the Auditorium and Communities Services Committee, and we recently met with staff to discuss this issue. Public Works Director, Dale Hawley, informed us that this letter was sent by mistake in that the District representative was new and did not under- stand the procedure regarding newly annexed areas. Mr. Hawley has been in contact with the District and informed them that this property, when annexed by the City, was detached from the North Bakers- field Recreation and Park District. We have asked staff to write a trict outlining the procedure ation. letter to the Dis- followed upon annex- Bakersfield, California, October 17, 1984 - Page 137 Upon a motion by Councilman Christensen, Auditorium and Community Services Committee Report No. 11-8,t, regarding North Bakersfield Parks and Recreation District Request, was; accepted; and staff was directed to write a letter to the District outlining the annexation procedures. Councilman Christensen, Chairman of Auditorium and Community Services Committee, read Report No. 12-84 regarding thtndicapped Play- ground, as follows: In February 1984 the City Council received a letter from John Neuman, District Manager for Denny's Restaurants, requesting lhe City build a play- ground facility for handicapped children. Neuman informed us at that time that he and the Denny's Restaurants em~h,yees would be willing to donate funds to buy the necessary equipment if the City would donate the land. This issue was referred to the Auditorium and Community Services Committee for study and recommendation. Since that time, the Public Works Department has requested input from the various organizations serving handicapped children in order to establish a need for such a facility. To date, we have heard from 15 organizations and/or individuals who have indicated complete support for such a facility in this community. City staff have also surveyed the various City parks for the most logical location, taking into consideration both accessibility and centralized location. Public Works Director Dale Hawley has indicated that the most logical location would be a 2.75 acre undeveloped parcel of property at Saunders Park. This park is located on Palm Street near Freeway 99. The cost for grading, irrigation, lighting, land- scaping, and equipment would be approximately $60,000, with an annual cost o[ $15,000 to maintain it. These figures were submitted to Mr. Neuman, and he has indicated that City funds would not be required for this development as he would be soliciting donations of material and labor from The Auditorium and Community Services Committee is in agreement with this concept and would recommend that the Council proceed under the following conditions: Mr. Neuman must submit proof of :financing of in-kind services prior to the City developing th~s land for handicapped play- ground. 138 Bakersfield, California, October 17, 2984 - Page 4 Mr. Neuman will contact California Water and Pacific Gas and Electric in an attempt to offset the annual main- tenance costs. Perhaps these two agencies can donate the water and electricity so that the $15,000 annual maintenance costs could be reduced. Upon receipt of the proof of financing or in-kind services and communications from California Water and Pacific Gas and Electric, we would recommend that the City proceed with this worthwhile venture. Upon a motion by Councilman Christensen, Auditorium and Community Services Committee Report No. 12-84, regarding Handicappod Playffround, was accepted; and recommendations as outlined in the report were approved. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 29-84 regarding Acquisition of Rudnick Property for Auditorium Parking, as follows: For several years, the City has identified a deficiency in available parking at the Civic Auditorium. In an attempt to alleviate the parking deficiency, the City previously attempted to acquire property located at 1500 "Q" Street from the Rudnick estate. The property is located directly across the street from the Civic Auditorium and is in a location ideally suited for additional parking for the Civic Auditorium. In 1980, revenue sharing funds were set aside and the City Attorney was directed to attempt to acquire the property at ]500 "Q" Street from the Rudnick estate. On December 9, ]980, a court order was issued, pursuant to an agreement reached between the City and the receiver of the estate, authorizing the sale of the property to the City. However, the estate continued in litigation until last year when an appellate court, in effect, invalidated prior rulings of the lower court. The estate continues to be under the juris- diction of the court. Thus, the sale never occurred. Attempts were recently made to acquire the property by purchase. The City has now been advised that the acquisition may only be possible if the City institutes Eminent Domain proceedings. The property is located within the proposed convention hotel site, and, if acquired by the City, could later be sold to the Redevelopment Agency which would also use the property for parking. The Budget and Finance Committee recommends that the City Council direct the City Attorney to proceed in Eminent Domain to acquire the Rudnick estate property for parking uses for the Civic Auditorium. In order to initiate the Eminent Domain proceedings, the Com- mittee recommends that the City Council set November 14, ~984, as the date for consideration of adoption of a Resolution of Necessity for the acquisition of the property. Bakersfield, California, October 17, 1984 Page 5 Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 29-84, regarding Acquisition of Rudnick Property for Auditorium Parking was accepted. Upon a motion by Councilman Rockoff, the City Attorney was directed to proceed with Eminent Domain procedures to acquire the Rudnick estate property for parking uses for the Civic Auditorium; and November 14, 1984 was set as the date for consideration of adoption of a Resolution of Necessity for the acquisition of tile property. Councilman Rockoff, Chairman of Budget and Finance Com- mittee, read Report No. 30-84 regarding Amendment to Contract No. 82-45 with Kern Refuse Disposal Inc., regarding Refuse Collection, as follows: On March 31, 1982, the City of Bakersfield entered into an agreement with Kern Refuse Disposal, Inc. for providing refuse collec- tion services in the City of Bakersfield. The contract provided the determination of annual increases would be made pursuant to criteria as provided in the contractual document. The criteria involved a number of variables requir- ing discretionary determination by the Public Works Director. Kern Refuse Disposal, Inc. requested that a simplified formula be used for determining increases or decreases in the rate paid by the City to the refuse collectors. The formula recommended by the refuse collectors and the Public Works Director is one which com- pares the Consumer Price Index from the previous year with the current Consumer Price Index. Differences in that index will result in an increase of like percentage in the refuse con- tract. The Committee reviewed this formula and believes that it is an equitable means of adjust- ing the annual contract Fee. However, the Committee felt that the formula should only be used for a three-year test period. Con- sequently, the Committee recommends that the con- tract between the City and Kern Refuse Disposal, Inc. be amended to provide increases based upon the Consumer Price Index over the next three-year period, after which the contract shall automatically revert to the method that presently exists. At the end of the three-year period the City will have an opportunity to evaluate the performance of this formula. The Committee recommends that the City Council authorize the Mayor to execute an amendment to Contract No. 82-45 between the City of Bakersfield and Kern Refuse Disposal, Inc. consistent with this report. 140 Bakersfield, California, October 17, 1984 - Page 6 Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 30-84, regarding Amendment to Contract No. 82-45 with Kern Refuse Disposal Inc., regarding Refuse Collection, was accepted. Upon a motion by Councilman Rockoff, the contract between the City and Kern Refuse Disposal, Inc., was amended to provide increases based upon the Consumer Price Index over the next three- year period and the Mayor was authorized to execute the contract; after which the contract shall automatically revert to the method that presently exists, and at the end of the three-year period, the City will have an opportunity to evaluate the performance of this formula. City Manager Caravalho presented the Proposed Reorganiza-- tion Plan of the City's Management Structure and Departments, as follows: and requested the Council refer the proposal to the Governmental Efficiency and Personnel Committee to return to the Council with a full report on October 31, 1984. He stated he wished to point out, at the onset, that his proposal has no bearing on the performance of the current structure of the organization, but is based on his own perception in terms of talking to people, their interests, and trying to effective way possible. the process of assessing structure the organization in the most For the last three months he has been in the organization and community needs, goals and priorities. organizational structure in terms of the City's in[[ those goals. It is his assessment that the there is a major priority and interest in rapid He has also taken the opportunity to assess the capability 9f address- community feels growth, economic development plans and redevelopment. In terms of dealing with this priority, within the structure, the organizat~o~ is fractionalized. The Building and Planning Divisions report to and are under the Director of Fire and Development Services. The Economic Development Division reports to the City Manager and Housing and Community Develop- ment Division report to the Assistant City Manager. With a new Bake ?s:fi eld, California, October 17, 1984 Page 7 City Manager, with new perspectives; a vacancy in an Assistant CitF Manager position: and the announced retirement of an tssista~t Public Works Director; this is a three-fold opportunity to bring about changes to address the community's needs. The advantages in this proposal are to provide a focal point for leadership and a coordinator of planning and economic development in the City; restructure the Manager's Office with staff support; provide a stronger organizational and budget analysis capability; more effectively distribute the work and streamline management; save money, if possible; and utilize existing personnel where possible. He is also interested in start- ing an early recruitment process so the new budget can be prepared under the new organizational structure and with the assistance of whatever new personnel is recruited. City Manager Caravalho ontlined the current organizational structure as follows: WATER RESOURCES Agricultural Water Domestic Water Waste Water FIRE AND DEVELOPMENT SERVICES Traditional Fire Services City Planning Advance Planning City Building POLICE Traditional Police Services AUDITORIUM PUBLIC WORKS Administration Engineering Streets General Services Sanitation Parks & Equipment ASSISTANT CITY MANAGER-PERSONNEL Community Development Personnel Recreation ASSISTANT CITY MANAGER-FINANCE Finance Data Processing Internal Auditing 142 Bakersfield. California, October 17, 1984 - Page 8 City Manager Caravalho outlined the proposed reorganiza- tion as follows: COMMUNITY SERVICES Agriculture & Domestic Water Sanitation (previously under Public Works) Parks (previously under Public Works) Recreation (previously under Asst. City Manager) Waste Water PUBLIC SERVICES Engineering Streets (previously Water Resources) General Services Equipment POLICE SERVICES Remains the Same ADMINISTRATIVE SERVICES City Clerk Finance Personnel Employee Relations Data Processing FIRE SERVICES Traditional Fire Services Relinquishment of Planning & Building Departments DEVELOPMENT SERVICES Economic Development Planning Building ttousing and Community Development AUDITORIUM SERVICES Remains the Same CITY MANAGER'S OFFICE Budget AnaIyst Assistant to the City Manager Internal Auditor (previously Finance Department) The Department of Administrative Services will be under the Assistant City ~ianager-Personnel, who will be responsible for the day-to-day operations of the internal affairs of the City. A new Department of Development Services will be formed under the direction of a Deputy City Manager, which will be the first new position proposed and is a reclassification of one of the existing positions. A Budget Analyst Position, originally approved in the 1984-85 Budget~ will be in the City Manager's Office. There is also proposed an Assistant to the City Manager, which is essentially a downgrading of the Assistant City Manager-Finance position to a staff position that will be involved in inter-governmental relations. Bakersfield, California, October 17, 1984 - Page 9 143 The Internal Auditor will be moved [rom Finance to the City Manager's Office so that person reports directly to the City Manager. On an annual basis, for the two positions being deleted; Assistant Public Works Director, el'fective June 28, 1!)85; and Assi,~- rant City Manager, the City w~11 save $146,000. The proposed reori~an- ization will include creating a Deputy City Manager Position-Develop- ment; with total compensation of approximat(,ly $65,000 and Assistal~t to the City Manager; with total compensation of approximately $43,000; for a total of $108,000. Adjustments are proposed for positions most directly inw>lved in the changes that total $19,1S9. The total expenditure will be $127,189, which will be a total savings on an annual basis, of $18,811. The Deputy City Manager-Development will be responsible for Planning, Housing and Community Manager will locus on ments. In particular, and in organizational Development. legislation with grant development Building, Economic I)evelopment, The Assistant to the City and assist the various depart- applications, special projects, and productivity improvement. This position will provide staff support to the Council and Council Committees and will deal with public information and organizational information. Recently an employee attitude survey was conducted ard one of the issues that came out of the survey was some rather serious problems of lack of communication 5nternally. There has also been a desire indicated by people in the community to be better educatec about government. This position will also provide support on budget and labor relations as needed. After some discussion, upon a motion by Councilman Payne, the Proposed Reorganization Plan was referred to the Governmental Efficiency and Personnel Committee for study and recommendation back to the Council. 14,1 Bakersfield, California, October 17, 1984 - Page 10 The (a) (h) (c) (d) (f) (h) (i) (J) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 1458 to 1728, inclusive, in the, amount of $1,184,878.92. Claim for Damages and Personal Injuries from Sandra K. Coffman, c/o Attorney Michael O. Daniels, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal from Viola Henry, c/o Harry M. Attorney at Law, P.O. Box 647, (Refer to City Attorney) Reynolds, Tehachapi. Claim for Damages and Personal Injuries from C. Willie Bundy, c/o Harry M. Reynolds, Attorney at Law, P.O. Box 647, Tehachapi. (Refer to City Attorney) Claim for Damages from Clark Stewart Brannin, 124-A Wilson Avenue, Oildale. (Refer to City Attorney) Claim for Personal Injuries from Margaret Delmatta, 631 33rd Street, Bakersfield. (Refer to City Attorney) Claim for Damages from William A. Knight, 3800 "Q" Street, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Ernestine and James Ayers, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries Brownlee, llO1 Union Avenue (Refer to City Attorney) from Debra Ladine #256, Bakersfield. Claim for Damages from Diana Oresco, 1018 Owens Street, Bakersfield. (Refer to City Attorney) Street Right-of-Way Deed from Charles Lum for dedication of a portion of Planz Road, to allow widening to design width, between Kennedy Way and Johnson Court. Street Right-of-Way Dedication and Line-of- Sight Easement from Sill Properties providing an easement for line-of-sight purposes and an additional dedJcation of street right-of- way for Arrow Street as required by Planning Commission for Parcel Map 7035, Iotated west of Sillect Avenue and south of Gillmore Street. Bakersfield, California, October 17, 1984 - Page 145 (d), (e), (r), and roll call Ayes: (m) (n) Temporary Storm Drain Easement and Permanent Storm Drain Easement from Westminster Ceramics, Inc., for construction and maintenance of storm drain lines within the Westminster Ceramics facility located at the southeast corner of Brundage Lane and Mt. Vernon Avenue. (o) Quitclaim Deed to release an access ease- ment from City of Bakersfield to Anton Caratan and Son; and an Access Easemenl: from Anton Caratan and Son to the City of Bakersfield, providing all equal transfer o[ an easement for access purposes as required by the Planning Commission for Parcel Map 7351, located at the southwest corner of 19th Street and Oak Street. (p) Grant Deed from City of Bakersfield to Kern Union High School District. On October 3, 1984, the City Council approved the sale of sewer farm ]and to the Dis-- trict. This deed describes the property and incorporates a condition of sale as defined in the ~rowlh and Development Committee Report. (q) Improvement Agreement for Parcel Map No. 7035, with Sill Properties, Inc., for construction of improvements required by the Planning Commission with Parcel Map No. 7035, located west el' Sil]ect Avenue and south of Gilmore Street. (r) Improvement Agreement for Parcel Map No. 7353, with Atlantic Richfield Company for construction el' improvements required by the Plann]ng Commission with Parcel Man No. 7353, located between White Lane and Pacheco Road, north and south, and Sonth "H" Street and Hughes Lane, east and west. (s) Plans and Specifications for Resurfacing a portion of Planz Road providing an asphalt concrete overlay for Planz Road between Wible Road and Stine Road. Plans and Specifications for Street Improve- merits providing an asphalt concrete overlay for District Boulevard west of Stine Road, and provides widening and reconstruction of Wible Road between Pacheco Road and Garland Avenue. Upon a motion by Councilman Rockoff, Items (a), (b), (c), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (s) of the Consent Calendar, were adopted by the following vote: Counci]men Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None 146 Bakersfield, California, October 17, 1984 - Page 12 ACTION ON BIDS Upon a motion by Councilman Rockoff, bid of Granite Construction Company, in the amount of $24,254.00, for construc- tion of Shalimar Planned Drainage Improvements, Phase II in Fair- fax Road between Valley View Drive and Highland Knolls Drive, was accepted, and the Mayor authorized to execute the contract. Upon a motion by Councilman Christensen, low bids of Applied Traffic Technology (two it~ms), in the amount of $6,932.40 and Econolite Control Products (on~ item), in the amount of $],007.00, for Controllers and Test Equipment, were accepted. Upon a motion by Councilman Payne, bid of Royce Photo/ Graphics Supply, Inc., in the amount of $12,147.60 for Image Maker £or the Police Department Crime Lab, was accepted. Upon a motion by Councilman Payne, low bid of James G. Francis, in the amount of $300,044.50, for reconstruction of Stine Road from Panama Lane to Pacheco Road, was accepted, all other bids; rejected and the Mayor authorized to execute the contract. Upon a motion by Councilman Childs, low bid of Akri Construction Services Corporation, in the amount of $5,113.44, for Firehose Drying Tower, was accepted, and all other bids rejected. Upon a motion by Councilman Moore, low bid of Treasure Cove, Ltd., in the amount of $1,394.00 per month, for Landscape Maintenance of Sundale Medians (New Stine to River Oaks Boulevard); Gosford Road Medians (Stockdale to Ming Avenue); and Chester Avenue Underpass (Chester Avenue and 34th Street); was accepted; all other bids rejected and the l{ayor authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2940 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding pre- zoning of property known as Rosedale No. 2 Annexation. Bakersfield, California, October 17, 1984 - Page 13 147 This amendment would prezone property owned by Republic Supply Company (by the Robert P. Warmington Company) to a C-2 Commercial) or more restrictive Zone. The Planning Commission recommended approval of the pre- zoning for the Rosedale No. 2 Annexation territory to the City Council on Ju]y 19, ]984. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2940 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Ma!)) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Rosedale No. consistent with the General Plan, roll call vote: Councilmen Moore, Payne, Christensen Ayes: Noes: None Absent: None 2 Annexation, finding said zoning were adopted by the following Ratty, Rockoff, Barton, Childs NEW BUSINESS First reading of an Ordinance of the Council of the Ci[y of Bakersfield amending Section ~7.12.010 A. 2. of the Bakersfield Municipal Come re]at- ing to keeping large animals on lots in R-S (Residential Suburban) Zones. The present City Ordinance permits the keeDing of bovine animals: horses, burrows, mu]es, sheep and goats at the ratio o[ o~e adult animal per one-half acre. This ordinance would increase that ratio to one adult animal per one-quarter acre which would conform to the County R-S Zoning regulations. This matter was heard by the Planning Commission September 20 ]984, and recommended for approval. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.010 A. 2. of the Bakersfield Municipal Code relating to keeping large animals on lots in R-S (Residential Suburban) Zones. 148 Bakersfield, California, October 17, 1984 - Page ].4 First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakers- field located on the, southeast corner of Harris Road and Wible Road. Application for the amendment was made by Harry C. El]ingston, Jr., for Thomas Antongiovanni and would change subject properties from an A (Agricultural) Zone to an R-1 (One Family Dwelling), or more restrictive Zone. The Planning Commission recommended approval of this amendment to the City Council. First reading considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by chang- ing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of Harris Road and Wible Road. Adoption of Resolution No. 83-84 of the Council of the City of Bakersfield approv- ing the Destruction of certain Obsolete City Records, Documents, Instruments, Books and Papers, Pursuant to Section 34090 Et Seq. of the Government Code of the State of California. Periodically, the City Clerk's Office destroys certain records, documents, etc., pursuant to California Law. The City Attorney has approved the destruction of these records. A Resolu- tion of the City Council completes the action necessary prior to destruction. Upon a motion by Councilman Christensen, Resolution No. 83-84 of the Council of the City of Bakersfield approving the Destruction of Certain Obsolete City Records, Documents, Instru- ments, Books and Papers, Pursuant to Section 34090 Et Seq. of the Government Code of the State oF California, was adopted by the following roll call vote: Ayes Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes None Absent: None Bakersl'ield, California, October 17, 1984 - Page 15 149 Approval of Agreement between City of Bakersfield and Tenneco Realty Develop- ment Corporation. The City has a budgeted project to widen Wible Road end extend the Pipe Culvert at Branch No. 1. As a condition of Parcel Map 7145, Tenneco has the responsibility for widening Wible Road and placing the Branch No. 1 Canal in conduit. This agreement provides flor Tenneco to extend the culvert with their project and for the City to widen the entire width of Wible Road with their project. The staff has determined that the phases of work exchanged has equal value. Upon a motion by Councilman Childs, Agreement between Ci-~y of Bakersfield and Tennneco Realty Development Corporation, was approved and the Mayor authorized to execute same. Approval of Spreading and Extraction Agreement between the City of Bakers- field and Kern County Water Agency. This long-term Spreading and Extraction Agreement between the City of Bakersfield and Kern County Water Agency provides the terms and conditions under which the Agency may spread, bank and extract water from C[ty's 2,800 acres. This agreement was recommended for adoption by the City Water Board on October 17, 1984. Upon a motion by Councilman Barton, Spreading and Extrac- tion Agreement between the City of Bakersfield and Kern County Water Agency was approved and the Mayor authorized to execute same. Councilman Barton stated this agreement ~s the culmination of many years of negotiation between the Water Board and City Staff wJth the Kern County Water Agency to develop a water agreement that is beneficial, not only to the City, but also very beneficial to water interests in Kern County and especially to the economy of our County. He was pleased and proud to compliment City Staff for reaching an agreement. Approval of Letter Agreement between City of Bakersfield and Kern County Water Agency regarding water spread by the Agency in ]98l. 150 Bakersfield, California, October ]7, 1984 - Page 16 This letter agreement between the Kern County Water Agency and the City of Bakersfield provides that the water spread by the Agency in 1981 under an "Interim Agreement" shall conform to the terms and conditions of the long-term "Spreading and Extrac- tion Agreement." This letter agreement was recommended for adoption by the City Water Board on October 17, 1984. Upon a motion by Councilman Barton, Letter Agreement between City of Bakersfield and Kern County Water Agency regarding water spread by the Agency in 1981, was approved and the Mayor authorized to execute same. Approval o[ Memorandum of Understanding (MOU) between the County of Kern and the City of Bakersfield. This Memorandum of Understanding is regarding generation of a speci[ic plan for an application for an Enterprise Zone to the State oF Calt[ornia. Upon a motion by Councilman Childs, Memorandum of Under- standing (MOU) between the County of Kern and the City of Bakers- fie]d, was approved and the Mayor authorized to execute same. Approval of Request for Authorization to enter into Discount Agreements For Miscellaneous Supplies. The Finance Department r~,quests Council authorization to negotiate a discount agreement with a supplier. Discount agreements are informal miscellaneous supply contracts that the Purchasing Division has pre-negotiated prices on and are for supplies of a nature that do not lend themselves to other purchasing programs. Examples are engine parts, printJng, and plumbing supplies. Upon a motion by Councilman Rockelf, authorization for Purchasing Division of the Finance Department to enter into Discount Bakersfield, California, October 17, 1984 - Page 17 151 Agreements with Abbott's Crankshaft and Machlne Company, Ming Copy Works and H & L Supnly, Inc., was approved. ADJOURNMENT There being no furlher business to come before the Council upon a motion by Councilman Christensen, the meeting was adjourned at 8:10 P.M. ATTEST: MASfOR of t,~/ity of t~akersfJeld, Calif. CITY ~CLE~K and Ex Officio Clerk of the Council of the City of Bakersfield, California CW 152 Bakersfield, California, October 3l, 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., October 31, 198d. The meeting was called to order by Hayer Shell, followed by the Pledge of Allegiance and Invocation by Police Chief Robert O. Price. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Childs, Moore Absent: Councilmen Barton, Christensen STUDENT GOVERNMENT DAY PARTICIPANTS Mayor Shell welcomed and introduced the student counter- parts for Mayor, members of the Council and City Manager, who will be participating in the Annual Student Government Day, November 7, 1984, as follows: Mayor Councilperson Councilman Councilperson Councilperson Councilperson Councilperson Councilman City Manager Joyce Chao Karen Banducci Willy Duncan Dawn Gentry Shelly Helton Andrea Mundorf Bryn Randolph Mike Riccomini Tim Schmidt East Bakersfield High School West High School North High School South High School Foothill High School Highland High School Bakersfield Iligh School Garces High School Omega High School COUNCIL STATEMENTS Councilman Payne stated he has received numerous telephone calls relative to noise very early in the mornings :from construction, sanitation trucks and gardeners. This matter was referred to the Growth and Development Committee several months ago and he requested that they expedite their evaluation, if at all possible. REPORTS Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 31-84 re~arding City Contribution to Retired Employee's Health Plan, as follows: On June 20, 1984, this Council referred corre- spondence from the Retired Employees representative regarding medical insuran~te to this Committee for review and recommendation. Subsequently, the retired employees submitted a proposal which is summarized below. Bakersfield, California, October 81, 1984 - Page 2 i53 The City will contribute two percent (2%) of the single monthly premium for each year of service for single party coverage and will contribute one and one half percent (1½) of the two-party monthly premium for each year of service for all other eligible participants. Further, for employees retiring after January 1, 1985, only those employees with fifteen er more years of service would be eligible for the City's contribution. Councilman Rockoff stated he tinderstands the last sentence in the second paragraph has been changed to read: Further, for employees hired after January 1, 1985, only those employees with fifteep or more years of service would be eligible for the City's contribution. City Manager Caravalho stated he was unaware of that change and would not recommend it. The City initiated a program in 1982-83 of assisting retired City employees generally living on fixed incomes by making contributions to help defray the significant increases in medical insurance cost experienced during the recent years. This Committee noted that this program would achieve two goals: Limiting the City's cost in the future by requiring fifteen years of service prior to eligibility. Rewarding retired employees for significant service to the City by gearing the amount of the City's contribution to years of service. The estimated City contribution, based upon current premiums, for this proposed plan to include the remainder of the 1984-85 Fiscal Year is $88,680, which is an increase of $4,560 over the current plan. Adequate funds have been budgeted to cover this increase. This Committee recommends acceptance of this report and implementation of the proposal, effective January 1, 1985. In answer to a question by Councilman Rockoff, City Manager Caravalho stated There is only a minimal difference Jn the proposal as it relates to the amount of outlay the City is currentlw paying. What would happen if this change in language were approved, is that. the City would incur a substantial increase Jn cost as the City works through the process of the current hires versus all the 154 Bakersfield, California, October 31, 1984 - Page 3 new hires and this is his concern. During discussions he felt the Council was trying to maintain expenditures at the current level and that is why he objects to the change in the language in the report, unless there is some legal reason that it should be changed. If the Council is concerned about ~t, he would suggest that the matter be deferred for a couple of weeks and send it back to the Budget and Finance Committee. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 31-84 regarding City Contribution to Retired Employee's Health Plan, was referred back to the Budget and Finance Committee for further study. Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 14-84 regarding City ~anager's Proposed Reorganization, as follows: Attached to this report is the City Manager's proposed reorganization. Mr. Caravalho presented this proposal at the October 17, 1924, City Council Meeting, at which time it was referred to the Goveramental Efficiency and Personnel Committee for further study and recommendation. As pointed out in his report, the City Manager has devoted substantial time ~n assessing the organization and familiarizing himself with this City's needs and goals. Through his efforts, it is evident that there is a high interest and concern for growth, economic development, and redevelopment of the City. In order to focus additional attention and coordination of our planning and economic development functions towards these goals, Mr. Caravalho has reorganized the City's seven departments as follows: Community Services Department, Public Works Department, Police Services, Administrative Services, Fire Serw[ces, Development Services, and Auditorium Services. The City Attorney's Office continues to report directly to the City Council. In implementing this reorganization, he has requested a new classification of Deputy City Manager-Develop- ment (salary range $3,608 to $4,361), a new classification of Assistant to the City Manager (salary range $2,602 to $3,136), changes in the job specifications of Assistant to the City Manager, Assistant Public Works Manager-Engineering, Finance Director, and Assistant Finance Director. He has also requested a salary adjustment, based on total compensation, for the following classi- fications: Bakersfield, Cali[ornia, October 31. 1984 - Page 4 155 Economic Development Coordinator, 5% Community Development Coordinator, 5% Assistant Planning Director, 5% Finance Director, 7.25% Assistant Finance Director, 7 ~ c, Deputy City Clerk, 15% Total annual cost of these changes is $128,000. However. he has requested the elimination of one Assistant City Manager position and one Assistant Public Works Director position, effective July 1, 1985. This will result in annual savings of $146,000. Therefore, the overall net savings will amount to $18,000 per year. The Governmental Efficiency and Personnel Committee is in lull support o[ the City Manager's reorganization. There[ore, we are recomn~ending Council approval o[ the job specifications and salary resolution. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 14-84 regarding City Manager's Proposed Reorganization, was accepted; City Manager's proposed reorganization, was approved; and job specifications, were approved. Adoption of Resolution No. 84-84 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. 84-84 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 t]he following roll Ayes Noes Absent: call vote: Councilmen Payne, None Councilmen Barton, Councilman Moore, Committee, read Report No. follows: Ratty, Rockoff, Childs. Moore Christensen member of the Growth and Development 12-84 regarding Site Plan Review, as 156 Bakersfield, California. October 31, 1984 - Page 5 The Growth and Development Committee has been meeting with staff and developers throughout the community during the past year in regards to the City's Site Plan Review Policy. Attached to this report is a letter from Mr. David Doll, Executive Vice President of the Community Coalition for Growth and Development and Jobs. This letter is in regards to a report, which is also attached, by this City's Engineering Consultants, Linscott, Law & Greenspan, Inc. Mr. Doll expressed his organJzation's approval of one of the recommended alternatives in this report; however, they had questions which needed clarification. Subsequently, the Growth and Development Committee held another meeting with members of the Coalition and staff. As a result, we have reached agreement and are now prepared to submit the following recommendation by the Council to the Planning Commission: It is recommended by the City Council that the Planning Commission adopt a policy resolution regarding Site Plan Review. The attached memorandum from Dale Hawley to City Manager George Caravalho regarding transpor- tation system impact development fees to be submitted to the Planning Com- mission for its consideration in developing a resolution for Site Plan Review. For the Council's information, staff has recom- mended, and we are in support of, the development of local off-site needs. The City will need to hire two temporary Transportation Engineers for approximately three months. Total cost for labor and materials will be approximately $61,000 and will require six months to complete. Funds are available as follows: $41,000 from Unallocated Capital Outlay Funds. $10,000 from existing Engineering Professional Services Account. $10,000 from the Rewenue Sharing Account. These expenditures will be acted upon after the Planning Commission has adopted and the City Council has approved a policy resolution regarding Site Plan Review. The existing Site Plan Review Policy for Major Retail Projects will continue in effect until the local off- site needs are completed and a new ordinance is adopted. Upon a motion by Councilman Moore, Growth and Development Committee Report No. 12-84 regarding Site Plan Review, was accepted. Upon a motion by Councilman Moore, recommendations as outlined in Growth and Development Committee Report No. 12-84 regarding Site Plan Review, were approved. Bakersfield, California, October 31, 1984 - Page 6 157 Councilman Rockoff, member of the Growth and Development Committee, read Report No. 13-84 regarding Traffic Problems Near Bakersfield City Schools, as follows: At the October 17, 1984, City Council Meeting, ~s. Lily Nahama, representing the Bakersfield City School Board, requested the City's help in arriving at a solution to a traffic problem near Eissler Elementary School, Chipman Junior High, and Highland High School. The City Schools have been working with City staff on this problem for several years. However, due to a large undeveloped section of land located north of the schools the traffic circulation has not been completed. The property is owned by Giumarra Brothers Fruit Company. This Committee met last week with John Giumarra who was representing the owners of this property. We are pleased to report that significant progress was made at tbJs meeting, and the staff is presently working out details which we feel will be acceptable to all parties. We have scheduled a meeting with a committee from the Bakersfield City Schools District for November 7, 1984, at 2:00 p.m. in [he City Manager's Conference Room. We are in hopes that this discussion will lead to a resolution of the traffic problems near these schools. A report will be forthcoming to the Council at the conclusion of this meeting. Upon a motion by Councilman Rockoff, Growth and Develop- ment Committee Report No. 13-84 regarding Traffic Problems Near Bakersfield City Schools, was accepted. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1729 to 2111, inclusive, in the amount of $1.065,460.12. (b) Claim for Damages from David Briggs, 1300 Murdock Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Ricky R. Keel, ]12 Oregon Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages and Personal Injuries from Kimberly Thieman, 123 Beardsley Avenue. Oildale. (Refer to City Attorney) (e) Claim for Damages from Kathleen Ann Caplnha, 101 E1Cerrito Drive, Bakersfield. (Refer to City Attorney) (f) Claim for Damages and Personal Injuries from Albert Hernandez, 11525 Davenrich, Santa Fe Springs, California. (Refer to City Attorney) 158 Bakersfield, California, October 31, 1984 - Page 7 (g) (h) (i) (J) (k) (i) (m) (n) (o) (p) (q) Claim for Damages from Alvin J. and Mary C. Thompson, 6112 Diamond Oaks Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages for False Arrest and Imprisonment from Howard Lloyd Jones, 5913 Camp Street, Bakersfield. (Refer to City Attorney) Grant of Easement from Tenneco Realty Development Corporation for construction, operation and maintenance of a domestic water well in proposed Pin Oak Park, located on Mill Oak Run, north of Park View Drive. Public Utility Easement from the City of Bakersfield to Pacific Gas and Electric Company for underground electrical facilities through a portion of University Park, located south of University Avenue, west of Hission Hills Street. Road Easement from Tenneco Realty Develop- ment Corporation fer public road purposes as required for land development north of Ming Avenue between Gosford Road and Old River Road. Flap of Tract No. 4581 and Improvement Agreement with Community Construction, Inc., for construction of improvements therein, located at the southwest corner of University Avenue and LaCosta Street. Map of Tract No. 4694 and Improvement Agreement with Parkdale Building Company for construction of improvements therein, located at the southwest corner of Truxtun Avenue and Quailridge Drive, west of Coffee Road. Map of Tract No. 4726 and Improvement Agreement with U. S. tfome Corporation for construction of improvements therein, located east of Stine Road between Planz Road and White Lane. Map of Tract No. 4729 with Coleman Construction, Inc., located on the south side of Ming Avenue between Gosford Road and Ashe Road. Map of Tract No. 4745 with Steven M. Fowler, located on the southwest corner of Alta Vista Drive and Jefferson Street. Notice of Completion and Acceptance of Work on furnishing Manufactured Electrical Panel Board for Ashe Water Pumping Station No. ], Contract No. 24-61 with Custom Control Panels. Bakersfield, California, October 31, 1984 Page 8 (r) Notices of Completion and Acceptance of Work on: (s) (t) Resurfacing Panorama Drive and Oswell Street, Federal Aid Urban Project No. M-3007(6), Contract No. 84-198 with James G. Francis. Maywood Storm Drain Construction, Contract No. 83-218 with James G. Francis. Resurfacing a portion of Planz Road between South Chester Avenue and Union Avenue, Federal Aid Urban Project No. M-F 245(1), Contract No. 84-216 with Griffith Company. Tract No. 4678, Contract No. 84-29 with Hayes Plumbing, Inc., located west of South "H" Street and south of Faith Avenue. Tract No. 4651, Contract No. 84-23 with St. Clair and Kern County Builders, Inc., located at Fairview Road, west of South "H" Street. Parcel Map No. 5700~ Contract No. 80-195 with Tenneco Realty Development Corporation, located at the northeast corner of Stockdale Highway and Gosford Road. Parcel Map No. 6550, Contract No. 82-146 with Stockdale Partners, located at District Boulevard, east of Ashe Road. Parcel Map No. 6987, Contract No. 83-1S4 with J. L. Denio, Inc., located at Planz Road, east of SouTh Union Avenue. Application for Encroachment Permit from Mercy Hospital, 2215 Truxtun Avenue, Bakersfield, for installation of a temporary office identification sign located i1 feet behind the curb and 3 feet within the right-of-way at 2117 - 16th Street. The proposed sign was reviewed by the Building Department. Contract Change Order No. 1 to Contract No. 84-228 with Union Engineering Company, Inc., for realignment of the Kern Island Canal from Faith Avenue to 700' south of Panama Lane and construction of a Bridge at Panama Lane and Kern Island Canal. This Change Order is necessary to avoid a sewer main within the street right-of-way on Panama Lane. The box culvert will be raised 0.95 feet, requiring a reduction in the structure excavation and backfill quantities and requiring the contract to alter the planned method of operation in order to work around the sewer main. 160 Bakersfield, California, October 31, 1984 - Page 9 (u) Agreement between the City of Bakersfield and Motorola Communications and Electronics, Inc., for constructing and equipping the Kelso Radio Communications Site. (v) Agreement between the City of Bakersfield and Jessie George Cooper, Sara G. Cooper and Kenneth F. Cooper providing the terms and conditions for sale of a surplus parcel of City owned property across from the Corporation Yard to the Coopers. (w) Request for Leave of Absence Without Pay for Police Department's Community Service Technician Rosie Rosales. Ms. Rosales is presently on a 30-day leave of absence without pay for maternity reasons, which terminated October 25, 1984. She is requesting an additional 37 day leave of absence, which will carry her to December l, 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) and (w) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Childs, Moore Noes: None Absent: Councilmen Barton, Christensen ACTION ON BIDS Upon a motion by Councilman Ratty, low bid of Overhead Door Company, in the amount of $6,548.00, for Electric Door Operators, was accepted and all other bids rejected. Upon a motion by Councilman Childs, bid of Kern Turf Supply, in the amount of $15,840.25, for Annual Contract for PVC Pipe and Sprinklers, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, low bid of Halprin Supply Company, in the amount of $15.685.88, for Breathing Apparatus and Bottles, was accepted and the other bid rejected. Upon a motion by Councilman Payne, bid of Martin L. Kaiser, Inc., in the amount of $9,789.10, for Bomb Disposal Unit, was accepted. Upon a motion by Councilman Childs, bid of American Seating. in the amount of $19,856.24, for Auditorium Seat Upholstery, was accepted. Bakersfield, California, October 31, 1984 - Page 10 161 Upon a motion by Councilman Moore, low bid of Jerry L. Myers Contractors, in the amount of $27,190.00, for construction of Centennial Park Sump Improvements, Phase I, was relieved due to an error in preparing the bid; second lowest bid of Micon Construc- tion, in the amount of $48,527,34, was accepted, all other bids rejected and the Mayor was authorized to execute the contract: and Contract Change Order No. 1 to delete an ltem to replace lawn damaged by construction, decreasing the total cost of the project from $48,527.34 to $41,047.34, was approved. Upon a motion by Councilman Payne, low bid of Intersection Management Systems, Inc., in the amount of $156,294.00, for Traffic Signal System on White Lane at Fambrough Drive, White Lane at Stine Road and Planz Road at Stine Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, low bids of Windsor Industries (1 item), in the amount of $10,716.60, and San Joaquin Supply (2 items), in the amount of $2,687.38, for Carpet Cleaning Machines, were accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2941 New Series of the Council of the City of Bakersfield amending Section 17.12.010 A. 2. of the Bakersfield Municipal Code relating to Keeping Large Animals on Lots in R-S (Residential Suburban) Zones. Upon a motion by Councilman Payne~ Ordinance No. 2941 New Series of the Council of the City of Bakersfield amending Section 17.12.010 A. 2. o[ the Bakersfield Municipal Code relating to Keeping Large Animals on Lots in R-S (Residential Suburban) Zones, was adopted by the following roll Ayes Noes Absent: Councilmen Payne, Ratty, None call vote: Rockoff, Childs, Moore Councilmen Barton, Christensen ]¸62 Bakersfield~ California, October 31, 1984 - Page Continuance of an Ordinance of the Council of the City of Bakersfield amending Section 17.53.051 of the Bakersfield Municipal Code relative to Site Plan Review Policies and Objectives. This ordinance was given first reading at the meeting of January 11, ]984, and action on this item deferred from the meeting of October 3, 1984. Upon a motion by Councilman Ratty, 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 continued by the following roll call vote: Ayes: Noes: Absent: Councilmen Payne, Ratty, Rockoff, Childs. Moore None Councilmen Barton, Christensen Adoption of Ordinance No, 2942 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of Harris Road and Wible Road. The application for this amendment was made by Harry C. Ellingston, Jr., for Thomas Antongiovanni and would change subject properties from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2942 New Series o[ the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of Harris Road and Wible Road, finding said zoning consistent with the General Plan Ayes Noes Absent: were adopted by the following roll call vote: Councilmen Payne, Ratty, Rockoff, Childs, Moore None Councilmen Barton, Christensen Bakersfield, California, October 31, 1984 - Page 12 HEARINGS This is the time set for public hearing before the Council on an Appeal by U. S. Home Corporation to the decision of the Board of Zoning Adjustment denying their application for a Modification to permit the elimination of the required five-foot side yard setback on 156 lots in an MH (Mobilehome) Zone, on those certain properties commonly known as 499 and 601Pacheco Road. This hearing was duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mr. Walter Moore, representing U. S. stated in 1980 the Board of Zoning Adjustment, in the same subdivision, granted the developer a zoning adjustment allowing a zero lot line where garages on adjacent property came in contact with each other, with a one hour fire wall. There is some confusion in the manner in which the application was submitted. It calls for total elimination of the side yard setbacks and that is not what they are requesting. They are requesting that the Council grant, in effect, what City staff recommended, modifying the five-foot setback down to three-feet. California Title 25 calls for a six-foot separation between mobilehomes, as they relate to Fire Codes. If granted the three-loot side yard separation would not go beyond what California State law allows. Mr. Allen Thompson, Construction Superintendent for U. S. Home Corporation, stated the construction they are doing on the site, at this time, generally, is the same as previous construction by previous developers. They have maintained the proper distances between the mobilehomes and garages/carports as required by Title 25 of the State of California. If the Council eliminates the side yard setback then Title 25 would come into play, requiring a minimum three-foot setback. Mr. Thompson presented a petition, signed by 21 property owners, supporting their request for a modification of the minimum side yard setback from five-feet to three-feet in Heritage Estates. Home Corporation, in a similar situation Bakersfield, California, October 3], 1984 Page 13 Mr. Alex Finkle, 499 Pacheco Road, No. 218, stated he strongly opposes this modification, because he would like to keep as much distance between his home and the home being constructed next door for light and fire prevention, etc. When he purchased his property he was forced to have a five-foot setback and had to buy additional property to enable him to place his home the way he wanted it. When U. S. Home Corporation purchased the property they were well aware of the fact that the lots were small. Mr. Frank Maltone, 601Pacheco Road, No. 194, stated several months ago U. S. Home Corporation set a mobilehome on Lot 195, three-feet from the property ]ine. He cannot understand why they are requesting the three-foot modification after they have already done it. He felt five-feet is very close, three-feet is worse and very strongly opposes this request. Jean Cook stated she realizes that in some instances the three-foot setback would be permissible. Director of Fire and Development Services Needham assured her that in case of fire, etc., that would be in order. Originally, when the subdivision was planned, it was for the five-foot setback. If there is some reason they cannot comply with that, then those lots can be modified, rather than all of them. No further protests or objections being received and no one else wishing to speak in favor, ~ayor Shell closed the public portion of the hearing for Council deliberation and action. Councilman Rockoff stated the City has an ordinance that states five-feet and there is probably a very good reason for it. He is opposed to taking a whole tract of homes and subventing the ordinance. He realizes there lot, etc., but cannot vote to whole tract of homes. are specific instances regarding one reduce the side yard setbacks on a Councilman Rockoff made a motion to uphold the decision of the Board of Zoning Adjustment and deny the Modification requested by U. S. Home Corporation to permit the elimination of the required Bakersfield, California, October 31, 1984 - Page 165 five-foot side yard setbacks on 156 lots in an MH (~1obilehome) Zone, on those certain properties commonly known as 499 and 601 Pacheco Road. In answer to a question by Councilman Ratty, City Attorney Oberholzer stated the vote was split on the Board of Zoning Adjust- ment. Director of Public Works tlawley and himself felt the granting of this blanket type modification, for 156 lots, was not consistent with the purposes of the City's Zoning Ordinance. There are ways that can be achieved through zonings and this particular modification was not necessary to secure an appropriate improvement on these lots. The lots could be improved, for their use, with their current con- figuration. Councilman Ratty stated he agrees with the majority vote of the Board of Zoning Adjustment, that there are other resources to solving this problem on a lot by lot basis, therefore, he cannot uphold the appeal. Councilman Payne asked if this is a request by U. S. Home Corporation to change the density of the subidivison or is it merely to reorient the individual units on the lots. He also asked if this creates a fire access problem. Director of Ffre and Development Services Needham stated, yes, to place them closer to the property line, if needed. When a five-foot side yard setback is considered, which is standard for fire access, that is only for a Firefighter walking through with the material or fire hose, etc. There would be no way to get fire apparatus or equipment through there. The ability to have access to the side of a building, or from the front to the back going down the side, would be reduced by two-foet, possibly making it a little harder. On a five-foot side yard setback the eaves are allowed to go into the setback, on a roof, three-feet. That means, if there are two houses, five-feet from the same property line and there were three-foot eaves, the eaves would be four-feet apart. If the Council allows the mobilehomes, in this particular case, to be 166 Bakersfield, California, October 31, 1984 - Page 15 reduced to three-feet from the property line, the eaves cannot encroach into that three-feet anymore than one-foot. In other words, there still has to be four-feet between the eave lines. This modification would allow the buildings to be closer, but not the eave lines. Councilman Childs asked if Mr. Walter Moore, U. S. Home Corporation, was initially told that the three-foot setbacks would be acceptable. Director of Fire and Development Services Needham stated one oF the Building Inspectors sent a letter to Mr. Moore stating that three-foot side yard setbacks, subsequent to Chapter 2 of Title 25 - Mobilehome Park Section, was in concurrence with that section, which would lead Mr. Moore to think that it was okay. That letter was sent and it was an erroneous statement. U. S. Home Corporation purchased this property in December, 1983, and the letter was sent in January, 1984. In answer to a question by Councilman Childs, Mr. Walter Moore stated the total number of lots in the subdivision is 256 and of those approximately 100 have been built; 50 by U. S. Home Corporation and 50 by the previous developer. In answer to a question by Councilman Ratty, Mr. Walter Moore stated some houses with certain combinations of parking structures will work with the five-foot setback. The reason the blanket application for the three-foot setbacks was made was at the direction of City staff. He felt a reasonable solution to this problem, if it meets City ordinances and other legal terms, would be to allow the Planning and Building Directors to address this matter on a lot by lot basis, with the provision that nothing be allowed to be built that is less than three-feet. City Attorney Oberholzer stated the Planning Director cannot deviate from the Code unless there is a modification granted. Carports do not require a modification, however, garages, because they have walls, require a modification if they encroach on the fiw~- foot side yard setback. City Attorney Oberholzer suggested that this Bakersfield, California, October 31, 1984 - Page 16 hearing be continued until U. S. Home Corporation can come back to the Council with specific lots for consideration. Mayor Shell reopened the public portion o[ the hearing for further consideration. Councilman Rockoff withdrew his motion. Upon a motion by Councilman Ratty, public hearing before the Council on an Appeal by U. S. ttome Corporation to the decision of the Board of Zoning Adjustment denying their application for a Modification to permit the elimination of the required five-£oot side yard setback on 156 lots in an MH (Mobilehome) Zone, on those certain properties commonly known as 499 and 601Pacheco Road, was continued until the Council Meeting of November 14, 1984, by 'the following roll call vote: Ayes: Noes: Absent: Upon a brief recess 8:20 P.M. Councilmen Payne, None Councilmen Barton, a motion by at 8:10 P.M. Ratty, Rockoff, Childs, Moore Christensen Councilman Payne, Mayor Shell declared and reconvened the Council Meeting at This amendment conforms the City's ordinance to restrictions imposed by the State Supreme Court and provides for the prohibition of topless and bottomless entertainment in businesses where alcholic beverages are sold. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 9.12 of the Bakersfield Municipal Code relating to Nude Entertainment. Adoption of Emergency Ordinance No. 2943 New Series of the Council of the City of Bakersfield adding Subsection C to Section 17.69.070 of the Bakers- field Municipal Code relating to exceptions to requirements of Sections 17.69.030 and 17.69.040 A. of the Bakersfield Municipal Code (Adult Entertainment Establishments). First reading o[ an Ordinance of the Council of the City of Bakersfield amending Chapter 9.12 of the Bakers- field Municipal Code relating to Nude Entertainment. NEW BUSINESS 168 Bakersfield, California, October 31, 1984 - Page 17 filed soon. the Council regulations. This Emergency Ordinance amends the Bakersfield Municipa]_ Code to specify that exceptions granted under Section 37.60.070 C. are only for a one-year period, subject to renewal. The present ordinance does not limit the exception period. The City has received an application for an exception and action on that appli- cation is pending. Additional applications are expected to be By adopting this ordinance as an Emergency Ordinance, insures that all exceptions are subject to the same Upon a motion by Councilman Payne, Emergency Ordinance No. 2943 New Series of the Council of the City of Bakersfield adding Subsection C to Section 17.69.070 of the Bakersfield Municipal Code relating to exceptions to requirements of Sections 17.60.030 and 17.69.040 A. of the Bakersfield Municipal Code (Adult Enter- tainment Establishments), was adopted by the following roll call vote Ayes Noes: Absent: Councilmen Payne, Ratty, Rockoff, Childs, Moore Councilmen Barton. Christensen Adoption of Resolution No. 85-84 of the Council of the City of Bakers- field determining that Sunrise Un- limited has failed to fully complete the work of improvement as required by Agreement No. 78-102, Improvement Agreement for Final Map No. 3933 Units A and B, and directing City staff to provide the required notice, complete the unfinished work and collect the expenses incurred from Sunrise Unlimited or its surety. This resolution allows the City to foreclose on a Perfor- mance Bond guaranteeing the completion of Charger Avenue by Sunrise Unlimited. Upon a motion by Councilman Rockoff, Resolution No. 85-84 of the Council of the City of Bakersfield determining that Sunrise Unlimited has failed to fully complete the work of improvement as required by Agreement No. 78-102, Improvement Agreement for Final Map No. 3933 Units A and B, and directing City staff to provide the Bakersfie]d, California, October 31, 1984 - Page 18 169 required notice, complete the unfinished work and collect the expenses incurred from Sunrise Unlimited or its surety, was adopted by the following roll call Ayes: Councilmen Payne, Noes: None Absent: Councilmen Barton, vote Ratty Rockoff, Childs, Moore Christensen Adoption of Resolution No. 86-84 of the Council of the City of Bakers- field approving the Application for Grant Funds under the 1984 California Park and Recreation Facility Act for development and improvements at Fairfax Park. The California Department of Parks and Recreation is now receiving applications for grant funding under the State Park Bond Act approved by voters on the June ballot. Funds will be awarded on a competitive basis and applications for the 1984-85 Fiscal Year funding must be received by the State by November 5, 1984. This resolution authorizes the City Manager to apply for State funds for developing a park site in Northeast Bakersfield, southeasterly of the Fairfax Road-State Route 178 Intersection. A Maintenance District (Maintenance District No. 8) was formed by the City Council on July 24, 1984, for maintenance of the park upon its completion. Upon a motion by Councilman Rockoff, Resolution No. 86-84 of the Council of the City of Bakersfield approving the Application for Grant Funds under the 1984 California Park and Recreational Facility Act for development and improvements at Fairfax Park, was adopted by the following roll call vote: Ayes Councilmen Payne, Ratty, Rockoff, Childs, Moore Noes None Absent: Councilmen Barton, Christensen Deferral of action on an Agreement between the City of Bakersfield and Gulf Oil Corporation providing for relocation of Gulf Oil facilities for construction of the Kern River Bike Trail between Cal-State Bakers- field and Beach Park. 170 Bakersfield, California, October 31, 1984 - Page 19 The City has budgeted a project to construct the Kern River Bike Trail between Cal-State Bakersfield and Beach Park. A portion of the Bike Trail crosses over a Gulf Oil lease having various facilities, which will interfere with the construction. This agreement provides for Gulf to relocate their facilities and for the City to re~mburse Gulf for the actual cost of work, not to exceed $44,000.00. Councilman Ratty made a motion that Agreement between the City of Bakersfield and Gulf Oil Corporation providing for relocation of Gulf Oil facilities for construction of the Kern River Bike Trail between Cal-State Bakersfield and Beach Park, be approved and the ~ayor authorized to execute same. Councilman Moore asked if an attempt was made, during deliberations on this agreement, to negotiate the price Gulf facilities and if they might be willing to make it to the City of Bakersfield. Director of Public Works Hawley stated this agreement is based on cost estimates by Gulf Oil. Staff reviewed the cost estimates and feel they are reasonable amounts. The $44,000.00 is actual construction costs for relocating their facilities. There was no discussion with Gulf regarding contributing this to the City of Bakersfield. Councilman Moore offered a substitute motion that action on Agreement between the City of Bakersfield and Gulf Oil Corporation providing for relocation of Gulf Oil facilities for construction of the Kern River Bike Trail between Cal-State Bakersfield and Beach Park, be deferred until the Council Meeting of November 14, 1984, to give the City Manager the opportunity to pursue the possible negotiation of this fee. This motion was unanimously approved. Approval of request for an Encroachment Permit from Western Geophysical to perform geophysical surveys along City streets. Western Geophysical requests permission to conduct geo- physical "vibrosis" surveys along the following routes: of relocating a contribution Bakersfield, California, October 31, 1984 - Page 20 Stockdale Highway/Brundage Lane from west City Limits to east City Limits. City Limits. They agree to complete the the City, provide proof of insurance, "H" Street from California Avenue to south work within 90 days, indemnify provide signing, inform the of conducting these tests, not oil Mr. Buice stated they do but most of the counties have some that might be there. not go through very many cities, kind of nominal fee to cover their expenses for the paperwork, etc. Councilman Rockoff requested that Councilman Childs amend his motion to include that the Encroachment Permit be approved subject to the City receiving fees satisfactory to the staff. City Attorney Oberholzer stated the City charges a fee for Encroachment Permits. Councilman Rockoff stated he would like to have that left the motion and have the staff determine whether $25.00 is sufficient. adjacent residents and provide an agent at work location. The Public Works Director recommends approval. Mr. Dick Buice, Permit Agent for Western Geophysical. explained the work they will perform and assured the Council they would contact all residents and merchants along the route to let them know what they are doing. During discussion, Councilman Childs made a motion that the request for an Encroachment Permit from Western Geophysical to perform geophysical surveys along City streets, be approved provided all concerns addressed by the Public Works Department are met. Public Works Director Hawley stated he has recommended approval, subject to the eight items on the lJs[ attached to the Encroachment Permit. Councilman Rockoff stated he is concerned about compen- sation for the City and asked whether they know of any cases where compensation has been paid to cities for use of streets for purposes 172, Bakersfield, California, October 31, 1984 - Page 21 Councilman Childs' amended motion that the request for an Encroachment Permit from Western Geophysical to perform geo- physical surveys along City streets, be approved, provided all concerns addressed by the Public Works Department are met and subject carried Ayes: Noes: Absent: Counci], adjourned at to the City receiving fees satisfactory to the staff, by the following roll call vote: Councilmen Payne, None Councilmen Barton, Ratty, Hockoff, Childs, Moore Christensen ADJOURNMENT There being no further business to come before the upon a motion by Councilman Moore, the meeting was 8:50 P.M. ? MAYOR of tb~ C'tfi o~ Bakersfield. Calif. ATTEST ~-T~LEF[K and Ex Officio Clerk of the of the City of Bakersfield, California Council ma Bakersfield, California, November 14, 1984 1 ?,S 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., November 14, 1924. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Roosevelt Kemp of the Church of God in Christ. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Moore, Payne Absent: None. Minutes of the regular meetings of October 17 and 31, 1984, were approved as presented. SCHEDULED PUBLIC STATEMENTS Lieutenant Galen Chow and Detective Scott Carvel of the Bakersfield Police Department and Captain A1 Gutierrez of ihe Kern County Sheriff's Office, representing the Bakersfield Police Olympic Committee stated a group would be traveling to Oxnard, California on December 1, 1984 to bid for the honor of hosting the 20th Annual California State Police Olympics Jn Bakersfield in 1986. Detectiv~ Carvel stated the California Police Olympics originated in 1966 to promote physical fitness, develop comradery among police officers and improve community relations. The Olympics is the largest partici- pant event in the world second only to the World Olympics and Pan American Games, which occur every four years. Having the Police Olympics in Bakersfield will enhance the City's image and promote future commercial endeavors in Bakersfield. Detective Carvel requested the Couneil's assistance in gaining the commun~ty's support and use of facilities located within the C~ty. Mayor Shell stated she has written a letter in support of the Police Olympics and is hopeful Bakersfield is selected to host the 1986 Police Olympics. Councilman Rockoff stated the Council has signed a letter in support of the Police Olympics and would assist in any way possible. 174 Bakersfield, California, November 14, 1984 - Page 2 Mr. Tommy Townsend stated he sent a letter to the City, dated January 4, 1984, submitting a proposal to build a shopping complex on property located on California and Lakeview Avenues. He did not feel the proper procedure was followed with his request. It should have gone to Council and referred to a Committee. He is having problems with the proposal and would like to discuss the issue. City Manager Caravalho stated the City was looking at that particular property, and others, for the Land Banking Program. The question arose whether the City could dea2 with just one individual or if there was an obligation to go through a bid process on the property. The Committee and Staff came to the conclusion that the City should not purchase the property, because of the two appraisals and a ~ossible conflict, but that l~r. Townsend could acquire the property, and then the City could work with h~m directly. The City would then be dealing with the property owner. It is his under- standing that Mr. Townsend's request was brought to the Council and[ referred to the Growth and Development Committee. The Committee had several meetings about the acquisition and appraisal. In answer to a question by Councilman Barton, City Manager Caravalho stated he has discussed the difference between someone who has exclusive rights ~o negotiate a development agreement versus what ~r. Townsend is trying to do. The real problem is working around the issue of other interests and being Fair an option process or bidding. Staff has indicated of doing something and working with Mr. Townsend. Townsend has been diligent and he will try to work with him to find a solution and bring it back to the Committee. After a lengthly discussion, City Manager Caravalho stated he would work with Staff to try and resolve the problems. If the issue cannot be resolved because of legal reasons, he would bring it back to the Council, and Mr. Townsend would be fully informed. in terms of either they are supportive He agrees that Mr. Bakersfield, California, November 14, 1984 - Page 3 175 CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Hickory Farms of Ohio, 1787 Sabre, Hayward, California, dated November 6, 1984, requesting permission to operate a "Mobile Sales Unit" in the Bakersfield Plaza, was received and referred to the Planning Depar]- ment. Upon a motion by Councilman Rockoff, communication from Warner Amex Cable Communications, Inc., dated November 8, 1984, giving notice of intent to implement an adjustment in their monthly rate structure was received and referred to Budget and Finance Commit- tee. COUNCIL STATEMENTS Councilman Barton stated the Growth and Development Commit- tee has been meeting with the Bakersfield City School District, School Organizations and property owners surrounding the Chipman and Eissler Schools regarding access. A message was received today from the Bakersfield City School Distr~ct that they have mutually agreed on proposals the Committee has been discussing. At this time the Committee would like Public Works Director Hawley to prepare a staff report regarding this issue to be brought back to Council on November 28, 1984. Councilman Ratty indicated the time is approaching to reappoint Council Committees and requested City Manager Caravalho provide the Council with his comments on how he views the committees, their function, and future scheduling of committee meetings. Councilman Ratty stated the Beale Library subject is being discussed by the County and City Manager Caravalho is on that commit- tee. It has not been brought back to the Intergovernmental Relatio~ns Committee yet, and he would like that committee to be involved in the process. Councilman Ratty stated that Mr. Townsend's proposal was submitted to the Business Development and Growth Committee, to which he is not a member. he is a member, was Strategy. However, the Budget and Finance Committee, which involved in trying to implement th~ Lakeview 176 Bakersfield, California, November 14, 1984 - Page 4 In answer to a question by Councilman Moore regarding the Lakeview Outreach Office, Assistant City Manager Pussell stated the facility has been less than successful. The Police and Community Development Departments have been the primary users. Community Development Coordinator Grady stated the Community Development Department utilized the facility three days per week. The kinds of use were from people who had arranged to meet there, curiosity seekers and passers-by. Councilman Childs stated he has had the opportunity to utilize an office at the Dr. Martin Luther King, Jr. Community Center and, therefore, did not utilize the Outreach Office. He did not feel the community was aware there was an office on Lakeview Avenue. The Outreach Office has not been productive, therefore, he has no choice but to support the staff report to close that facility. He does plan to continue to look into the possibility and feasibility of providing services that address the needs of this particular area through that particular office. Mayor Shell stated she feels the facility has been an important presence of the City of Bakersfield in the Lakeview Com- munity. If it is not serving the purpose for which it was intended, there is no point in keeping it open. She did feel that possible use of the facility as a housing center, job referral, or drug and counseling center could be very beneficial. These types of services are provided by the State and County. In answer to a question by [~ayor Shell, Assistant City Manager Russell stated the property on Lakeview is part of the City's Land Banking Program, the objective of which is to make better use o£ the property. The City will be requesting proposals for the property and if any are received, would proceed with that use. In the meantime, the possible use of the facility by a Agency for another type of use could be considered. Councilman Childs Townsend that his comments, informational purposes only State or County stated he would like to reassure Mr. earlier in this meeting, were made for and to reiterate what has been told to Bakersfield, California, November 14, 1984 - Page 177 staff and in telephone calls received. He, too, is very interested in developing the area of California and Lakeview Avenues, and would like to assure Mr. Townsend that if there is anything he can do, within the boundaries he must work, he would be happy to help. Councilman Moore stated, in view of comments made by Councilman Childs, he would move to accept recommendations to a staff memorandum dated October 25, 1984, to close the Lakeview Out-- reach Office. This motion was unanimously approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2112 to 2412, inclusive, in the amount of $738,713.39. (b) Claim and Amendment of Claim for Damages and Persona] Injuries from Marta Garcia, c/o Attorney Michael J. Webb, 1430 Truxtun Avenue, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Antonio Hidalgo, Jr., 708 Vine Drive, Bakersfield. (Refer to City Attorney) (d) Claim for Implied and Comparative Indemnity from Tenneco Realty Development Corporation, c/o Clifford, Jenkins and Brown, 1605 "G" Street, Bakersfield. (Refer to City Attorney) (e) Claim for Damages and Personal Injuries from Frank E. Vaughn, c/o Michael O. Daniels, 1430 Truxtun Avenue, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Lisbeth Fog Manley, 2312 San Marino Drive, Bakersfield. (Refer to City Attorney) (g) Sewer Line Easement from Dan B. Speare Broadcast Enterprises, Inc., as required by the Planning Commission for Tract No. 4716, located on south side of Pacheco Road between Akers and Wible Roads. (h) Map of Tract No. 4755 with Diversified Development Group, Inc. located south- easterly of Truxtun Avenue and Mohawk Street. 178 Bakersfield, California, November 14, 1984 - Page 6 (i) Notices of Completion and Acceptance of Work on: Traffic Signal System at Kentucky Street and Baker Street, Contract No. 84-106 with E & S Electrical. Tract No. 4442, Contract No. 82-16 with La Hacienda, Inc., located at Vista Grande Drive (Rio Bravo Area). Tract No. 4443, Conlract No. 82-21 with La Hacienda, Inc., located at Vista Grande Drive (Rio Bravo Area). (J) Application [or Encroachment Permit from Francis DeMarco (Leatherby's), 2733 "F" Street, Bakers£ie]d, £or installation of 4 tree planters in the sidewalk area on 28th Street at 2733 "F" Street. (k) Application for Encroachment Permit from St. John's Lutheran Church, 912 New Stine Road, Bakersfield, l'or construction of a 4 foot high chain link fence surrounding a parking lot area. The fence would be located behind the adjacent sidewalk on Nordic Street at 912 New Stine Road. (~) Application for Encroachment Permit from Engelien Tuculet Partnership, 1321Stine Road, Bakersfie]d, for construction of a 12-inch high planter/retaining wall along back of adjacent s]dewalk at 4130 Ardmore Street. (m) Application for Encroachment Permit from The Guardian Federal Savings and Loan, 2210 Chester Avenue, Bakersfield, for construction of a 2~ foot high planter and entrance stoop at 2210 Chester Avenue, extending 3 feet into the right-of-way. The building remodel project has been reviewed by the Design Review Board. (n) Agreement with Downtown Business Association for lease of City-owned property located between 21st and 22nd Streets and "M" and "N" Streets for sponsorship of Circus Vargas. (o) License Agreement between the City of Bakersfield and Tenneco West, Inc.. allow- ing the City to operate and maintain two jointly owned facilities, BeardsIcy and Rocky Point River Weirs, which are located on real property owned by Tenneco West, Inc. Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) 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 Bakersfield, California, November 14, 1984 - Page 7 ACTION ON BIDS Upon a motion by Councilman Rockoff, low bid of Isco, Inc., in the amount of $7,321.73, [or Composite Samplers. was accepted and all other bids rejected. Upon a motion by Councilman Moore, low bid of Saferran Traffic Systems, Inc., in the amount of $56,803.28, for Traffic Controllers, was accepted and the other bid rejected. Upon a motion by Councilman Childs~ bid of General Office Machine Company, in the amount of $7,499.50, for Four Tele-Edisette Recorders, was accepted. Upon a motion by Councilman Christensen, low bid of Rock-- well International, in the amount of Slll,512.00~ for Annual Contract No. 10285 for Water Meters, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, low base bid and Unit A from Poly Membrane Systems, Inc.. in the amount of $141,827.00, for Reroofing the Dome Area at the Civic Auditorium, was accepted, all other bids rejected and the ~ayor was authorized to execute the contract. Upon a motion by Counci3man 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 Motorola Communications [or 22 Radios, I0 Handi-Talkies, 8 Pagers, Battery Charger, Component Extractor Starter, 2 Microwave System Links and Radio Paging Subsystem, not to exceed the budgeted amount o£ $260,305.00. 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 th~ Finance Operations ~anager was author- ized to negotiate a price with Paradyne Corporation for ~odem Equip- ment to provide ment and County of $9,000.00. telecommunications link between City Police Depart- Data Processing, not to exceed the budgeted amount 180 Bakersfield, California, November 14, 1984 - Page 8 DEFERRED BUSINESS Adoption of Ordinance No. 2944 New Series of the Council of the City of Bakersfield amending Chapter 9.12 of the Bakersfield Municipal Code relating to Nude Entertainment. Upon a motion by Councilman Moore, Ordinance No. 2944 New Series of the Council of the City of Bakersfield amending Chapter 9.12 of the Bakersfield Municipal Code relating to Nude Entertainment, was adopted by the ['ollowing roll call vote: Councilmen Ratty, Rockoff', Barton, Childs, Christensen, Moore, Payne None None Ayes Noes Absent: HEARINGS This is the time set for continued public hearing before the Council on an Appeal by U. S. Home Corporation to the decision of the Board of Zoning Adjustment denying their application for a Modification to permit the elimination of the required five-foot side yard setbacks on 15~ lots in an MH (Mobilehome) Zone, on those certain properties commonly known as 499 and 601Pacheco Road. This hearing was duly advertised and the property owners notified as required by law. This hearing was continued from the Council Meeting of October 31, 1984. Mayor Shell reopened the public portion of the hearing for further consideration at the meeting of October S1, 1984. Mr. Walter Moore, U. S. Home Corporation stated they would like to modify their request five-foot side yard setback on all yard setback to 21 specific lots. from total elimination of the 156 lots to a three-foot side With the exception of two lots, the remainder are in the back phase of the project where there has been no construction to date. No protests or objections being received, and no one else wishing to speak in f'avor, Mayor Shell closed the public portion of the hearing for Council deliberation and actfon. Bakersfield, California, November 14, 1984 Page 9 181 In answer to a question by Councilman Barton, Planning Director Sceales stated tho staff has worked with Mr. Moore and approved this plan. The two important points are that these lots are not being constructed next to an existing home and all the lots are separated from the other lots. There will be a minimum of eight feet between units. In answer to a question by Councilman Rockoff, Fire Chief Needham stated the proposal gives an eight foot separation and he recommends approval. Upon a motion by Councilman Barton, appeal by U. S. Home Corporation to the decision of the Board of Zoning Adjustment deny-- ing their application for a Modification to permit the elimination of the required five-foot side yard setbacks on 156 lots in a MH (Mobilehome Zone, on those certain properties commonly known as 499 and 601 Pacheco Road, was modified and granted, to allow a three- foot side yard setback on 21 specific lots, by the following roll call vote: Ayes: Councilmen Noes Absent: to the None None Th is Ratty, Rockoff', Barton, Childs, Christensen, Moore, Payne is the time Land Use Element of set for public hearing regarding amendment the Bakersfield Hetropolitan Area General Plan and Proposed Environmental Documents concerning the following SEGMENT II: WAYNE REEDER (by R~chard Chambers) has applied to amend the Low Density Resi- dential (0.5 to 5.49 dwelling units per gross acre) designation to Medium Density Residential (5.5 to 16.99 dwelling units per gross acre) for 41.54 acres located at the northwest corner of Panama Lane and St]ne Road. SEGMENT III: CITY OF BAKERSFIELD has applied to amend the land use designation on approximately 0.15 acre from Low Density Residential to Commercial for an existing commercial use (Stockdale Liquors and Delicatessen) located north of Stockdale Highway, approx- imately 200 feet east of North Sline Road. 182 Bakersfield, Ca±iforn~a, November 14, 1984 - Page 10 This hearing was duly advertised and the property owners notified as required by law. The Planning Commission approved Negative Declarations for Segments II and III, and recommended approval of Segments II and III. Mayor Shell declared the hearing open for public partici-- patton on Segment II. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing on Segment II was closed for Council deliberation and action. Upon a motlon by Councilman Payne, Resolution No. 87-84 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment II of proposed amend- ment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 3-84), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Moore, Payne Noes: None Absent: None Mayor Shell declared the hearing open for public partici- pation on Segment III. No protests or objections being received and no one wishing to speak in favor, Mayor Shell closed the public portion of the hearing on Segment III for Council deliberation and action. Upon a motion by Councilman Christensen, Resolution No. 88-84 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment III of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 3-84), was adopted by the following roll call vote: Ayes Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Moore, Payne Noes None Absent: None Bakersfield, California, November 14, 1984 Page 11 This is the time set for public hearing before the Council on an Appeal by Leona and Lloyd Smith to the decision of the Board of Zoning Adjustment approving their request for a Conditional Use Permit of a C-1 (Limited Commercial) Zone to allow a 1,196 square foot addition to an existing musical and dance school; and denying their request for the reduction of the required off-street parking from 24 to 13 spaces, on that certain property commonly known as 212 Goodman Street. This hearing was duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici-. patton. Mr. Lloyd Smith stated the Board of Zoning Adjustment approved the request for a Conditional Use Permit to allow a 1,196 square foot addition to the existing dance studio. The additlon is: not to increase the number of students, but only to increase the space for dancing. There will still be the same number of students, it will only make conditions better. This is generally a drop-off type of facility that has been in operation for a number of years. He further stated he does not haw~ room for additional parking spaces. Planning Director Sceales stated the parking requirement for this type of business is one space per 100 square feet. In answer to a question by Councilman Rockoff regarding adjacent property owners, Mr. Smith stated there is a brick wall separating the dance studio and adjacent apartments, there is a vacant. lot across the street, and that this is not a congested area. Six adjacent property owners signed a petition in support of the dance studio. Planning Director Scea]es stated no property owners have objected to the dance studio addition. A couple of property owners telephoned the Planning Department, one stating there had never been a problem, and one who was concerned about possible problems if the building changed to an office in the future. If the existing build- ing was converted to an office building in the future, the thirteen 184 Bakersfield, California, November 14, 1984 - Page 12 the same that was Hall. parking spaces wou]d be adequate. In answer to a question by Councilman Ratty, Planning Director Sceales outlined the different uses that would require number of parking spaces. The Conditional Use Permit approved for this building was for a Dance and Music In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated the Conditional Use Permit was granted. The appeal is on the requested Modification. If the Council wishes to grant the Mod~£ication, with the, condition that if the parking situation becomes a problem, the Conditional Use Permit could be rescinded, then it should be modified to incorporate that condition. In response, to a quest]on by Councilman Rockoff, Mr. Smith stated he would be willing to agree to the granting of the Modification with the condition that if there are complaints, possibly his Conditional Use Petit could be revoked by the Council. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion ol' the hearing for Council deliberation and action. Councilman Ratty stated he cannot support granting the Modification as he feels it could create problems for the Council in the future. As long as there ]s places for parking adjacent to the facility, the parking requirements should be adhered to. Planning Director Seeales stated the zoning on this property is C-l, which is a Limited Commercial Zone. It is not a General Commercial Zone. The only way alcoholic beverages could be sold from that facility would be through a Conditional Use Permit which would require a public hearing. The parking requirements are based on the use of the property, rather than on the zone. Upon a motion by Councilman Rockoff, decision of the Board of Zoning Adjustment was upheld and a Conditional Use Permit requested by Leona and Lloyd Smith of a C-1 (L~mited Commercial) Bakersfield, Ca]ifornia, November 14, 1984 - Page 13 185 Zone to allow a 1,196 square foot addition to an existing musical and dance school; and request for the reduction of the required off-street parking from 24 to 13 spaces, on that certain property commonly known as 212 Goodman Street, was granted, with conditions by the following roll call vote: Ayes Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne Noes Councilman Retry Absent: None This is the time set for public hearing regarding a Resolu- tion determining and declaring that the publ.c interest, convenience and necessity of the City of' Bakersfield require the construction of additional parking at the Bakersfield Civic Auditorium and that the public interest, convenience and necessity demand the acquisition of certain real property, and further declaring the intention of the City of Bakersfield to acquire said property under Eminent Domain proceed- ings. All affected parties were notified as required by law. This resolution commences Eminent Domain proceedings en the property located between "P" and "Q" Streets on the east side of the Civic Auditorium. A letter of opposition has been filed by Mr. Sam Rudnick, P.O. Box 1737, Davis, California, dated November 5, 1984. Mayor Shell declared the hearing open for public participa- tion. 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. City Attorney Oberho]zer stated the Council should, for the record, establish a response to the letter that was submitted to the Council by Mr. Sam Rudnick, who is a 25% property interest holder. The receiver and attorney for the Estate has encouraged the City to pursue this by way of Eminent Domain. The City has made two offers for the property, one in 1980, in which the Court acquiesced in the sale of that piece of property to the City. 186 Bakersfield, California, November 14, 1984 - Page 14 However, after the court had acquiesced, and authorized the receiw~r to sell the property, all the estate holders would not agree or sign the documents. Subsequently, the case went to the Court of Appeal, The whole judgement was basically reversed and the case is now back in the trial court again. In Apri], 1984, the City made another offer and no replay has been received. I£ the Resolution of Necessity is adopted, it is the intention of the Estate attorney to take it to court on December 7, 1984. The indicates there is opposition because there made by the City. There is no dollar offer letter from Mr. Rudnick is no dollar amount offer made in a Resolution of Necessity. Mr. Rudnick's letter also refers to the fact that the owner is to remove the building at a sizeable cost, and doubts that: that cost will be reflected in the offer. The building has been burned and is in a dangerous condition. The property owners have been notified that the building must be repaJred or demolished. The demolition has been considered in lhe offer, appraisal and final o~fer that will be made if the Council approves this Resolution of Necessity. In answer to a question by Mayor Shell, City Attorney Oberholzer stated the property is appraised and the property owner given fair market value. If there is any disagreement that is not resolvable, the property owner has the right to take it to court. The court will make the determination of the fair market value. In answer to questions by Councilman Childs City Attorney Ob~rholzer stated that when an appraisal of the property is made it is based on the Fair Market Value of the property. This particular piece of property has a greater value as a vacant piece of land than with the present building. Basically, it is just a shell of a building, and has no value. There will be a cost associated with the demolition of the building which will be subtracted from the value of the real property. Ultimately, when the property is purchased and the building has been demolished, the City will be paying for that property as though it were vacant. 8akersfie]d, California, November ld, 1984 - Page ]5 Upon a motion by Councilman Christensen, Resolution No. 89-84 determing and declaring that the public interest, convenience and necessity of the City of Bakersfield required the construction of additional parking at the Bakersfield Civic Auditorium and that the public interest. convenience and necessity demand the acquisition of certain real property, and further declaring the intention of tile City of Bakersfield to acquire said property under Eminent Domain proceedinq~, call vote: Ayes Childs, Christensen, Noes Absent~ was adopted by the following ro]] Councilmen Ratty, Pockoff, Barton, Moore. Payne None None NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amendin~ Section 5.]0.010 of Chapter 5.10 of the Bakersfield Municipal Code pertaining to Ambulances. The Kern County Board of Supervisors has reassigned the responsibility of directing the Emergency Medical Services of the County. The proposed ordinance would add a definition of Health Officer, making it clear that whenever that phrase is used, it refers to the official in charge of Emergency Medical Services for the County. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 5,10.010 oF of the Bakersfield ~unicipal Code pertaining to Chapter 5.10 Ambulances. First reading of' an Ordinance of the Council of the City of Bakersfield adding Chapter 10.60 to the Bakers- field Municipal Code relating to Interstate Trucks. The purpose of this ordinance is to establish proceedurea for terminal designation and truck route designation to terminals [or interstate trucks operating on the federally designated highway system in accordance with ~ali[ornia Vehicle Code ~ection 35401.5(b), enacted in ]983. mhat Section was enacted to implement the Surface Transportation Assistance Act, which was passed by Con,ross in late 1982. The Vehicle Code section provides thai actress to terminals is legal only on routes identified as such and appropriately signed 188 Bakersfield, California, November 14, 1984 - Page 16 by Caltrans and a local agency. The Cali['ornia Highway Patrol will[ begin enforcing that restriction, as of January~ 1925. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 10.G0 to the Bakers- field Municipal Code relating to Interstate Trucks. First reading of an Ordinance of the Council of the City of Bakersfield amending Sections lO.7G.030, 10.76.050, 10.76.070, and lO.7G.OS0 and repealing Section 10.76.060, relatin~ to Parades. This ordinance revises the City's parade regulations and reduces, from 30 to 2, the number {,f days prior to a proposed parade by which an application for a Parade Permit must be filed. The changes contained in this ordinance conform the City's parade regula- tions to requirements set forth, recently, by the Federal Court of Appeals. First reading was considered given an Ordinance of the Council of the City o£ Bakersfield amending Sections 10.76.030, and 10.76.080 and repealing Section 10.76.060, 10.7~.050, 10.76.070, relating to Parades. First reading of an Ordinance of the Council of the City of Bakersfield amend- ing Title Seventeen of the Bakersfield l~unicipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the north- west corner of Panama Lane and Stine Road. mhe application for this amendment was made by Richard T. Chambers and would change subject property from an R-1 (One Family Dwelling) Zone to a R-2 (Limited Uultiple Family Dwelling) Zone. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Panama Lane and Stine Road. Bakersfield, California, November 14, 1984 - Page 17 189 First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain proper- ties in the City of Bakersfield located approximately 2/3 mile east of Fairfax Road, ½mlle north of Panorama Drive. The application for this amendment was made by Harry C. Ellinston, Jr., for Shandon Investment Group and would change subject properties from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. The Planning Commission recommended approval of this amend- ment, subject to the condition that within ten (10) days after Plan- ning Commission adoption of a resolution recommending City Council approval and adopting of an ordinance to fezone this property to R-2 zoning classification, the owner of subject property shall record a deed restriction limiting the maximum number of dwelling units on Lots 1 through 6 (east tier) of Tentative Tract No. 4406, for a total of 31 dwelling units, as outlined Jn Planning Commission Resolution No. 62084. The deed restriction has been recorded. First reading was consid~,red given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those. certain properties in the City o[ Bakersfield located approximately 2/3 mile east of Fairfax Road, ½ mile north of Panorama Drive. First reading of an Ordinance of the Council of the City of Bakersfield amendlng Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding Prezoning of property known as Panama No. 4 Annexation. This amendment was initiated by the Planning Commission to Zone Upon Annexation to a MH (Yobilehome), R-1 (One Family Dwel- ling) and A-20A (Agricultural Twenty-Acre Minimum Lot Size) Zones. The Planning Commission approved the Zoning Upon Annexa- tion for Panama No. 4 Annexation and recommended same to the City Council. 190 Bakersfield, California, November 14, 1984 - Page 18 First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Bakersfield regarding Prezoning of property Annexation. Code of the City of known as Panama No. 4 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter ]7.06 (Zoning Map) of the Municipal Code o£ the City of Bakersfield regarding Prezoning of property known as Chester No. 1 Annexation. to Zone Upon Annexation to an M-2 The Planning Commission tion for Chester No. 1 Annexation Council. This amendment was initiated by the Planning Commission (General Manufacturing) Zone. approved the Zoning Upon Annexa- and recommended same to the City First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding Prezoning of property known as Chester No. ] Annexation. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the [~unicipal Code of the City of Bakersfield regard- ing Prezoning of property known as Garnsey Annexation. This amendment was initiated by the Planning Commission to Zone lipon Annexation to an R-S (Residential Suburban), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-2-P (Limited Multiple Family Dwelling - Parking), R-3 (Limited Multiple Family Dwelling), R-3-CH (Limited Multiple Family Dwelling - Church), R-,i (Multiple Family Dwelling), C-O (Commercial and Professional C-1 (Limited Commercial), C-2 (Commercial) and P (Automobile Zones. The Planning Cemission approved the Zoning Upon Annexation 1984, and recommended same Office), Parking) for Garnsey Annexation on September 20, to the City Council. Bakersfield, Cali£ornia, November 14, 198,i - Page 19 1 91 First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regardin~ Prezoning o[ property known as Garnsey Annexa- tion. Adoption of Resolution No. 90-84 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield identi[ied as Annexation No. 292 (Garnsey). This is for the annexation o~ approximately located on the north side of Stockdale IIighway, and intersecting with North McDonaJd Way, North Garnsey Avenue. tion at 172 acres in the vicinity of Stine Road and The Planning Commission recommended approval of the annexa- irs regular meeting of Seplember 20, 1984. Upon a motion by Councilman Ratty, Resolution No. 90-24 of Noes Absent: No , call vote: Councilmen None None Ratty, RockoFf, Barton, Childs, Christensen, Moore, Payne This west side of Chester Avenue near 34th Street. This existing commercial development (Ice House Complex), which is in the City. The Planning Commission recommended approval of tion at its regular meeting of October 18, 1984. 292 (Garnsey), was adopted by the following: Adoption of Resolution No. 91-84 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 293 (Chester No. 1). is for the annexation of 1,37 acres located on the is part of an two-thirds of the annexa- fied as Annexation roll Ayes Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield identi- 192 Bakersfield, California, November 14, 1984 - Page 20 Upon a motion by Councilman Christensen, Resolution No. 91-84 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. adopted by the following roll call vote: Ayes Absent: 293 (Chester No. 1), was Councilmen Ratty, Rockoff, Barton, Childs, Moore, Payne Christensen, None None Adoption of Resolution No. 92-84 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 294 (Panama No. 4). This of Panama I,ane, east of Stine Road, north of the Arvin-Edison Canal and west of Wible Road. ~he Planning Commission recommended approval of tion at its regular meeting of October 18, 1984. is for the annexation of 146.45 acres ]etated south Upon a motion by Councilman Payne, Resolution No. 92-84 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 294 (Panama No. 4), was adopted by the, following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Moore, Payne Noes: None Absent: None Approval of Amendment to Memorandum of Understanding between the City of Bakersfield and County of Kern to increase financial participation of both parties in the Enterprise Zone Consultant Contracl . The recently executed Memorandum of Understanding must be. amended to include funds to cover several items added to the scope following consultant's work program submission. The City will be responsibile for its proportionate share of the increase. This added Bakersfield, Cali[ornia, November 14, 1984 - Page 21 93 among will be $1,000.00. The total amount of the City's participa- tion will be $22,500.00. Community Development Block Grant Funds will be used for this project. Upon a motion by Councilman Barton, Amendment to Memorandum of Understanding between the City of Bakers[ie]d and County of Kern to increase the financial participation of both parties in the Enterprise roll call Ayes Noes Absent: Zone Consultant vote: Councilmen Ratty, Moore, None None There upon a motion by Councilman at 8:40 P.M. Contract, was approved by the fol/owin~ Rockoff, Barton, Childs, Christensen, Payne ADJOUNN}{ENT being no further business to come before the Council, Chrisionsen, the meeting was adjourned ;IAYOR of-th~it) of ~kers£ield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield. California cw 194 Bakersfield, California, November 28, 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., November 2S, 19S4. The meeting was called to order by Hayor Shell, followed by the Pledge of Allegiance and Invocation by Councilman Rollie Moore. The City Clerk called the roll as follows: Present: Mayor Shell. Absent: None Councilmen Rockof[, Barton, Childs, Christensen, Moore, Payne, Ratty NEW BUSINESS Reception of Certificate of Election from Kern County Clerk of Results of Special Municipal Election for the unexpired term of Councilman in the Sixth Ward and Special Hunicipal Election for City Measure "A", held on the 6th day of November, 1984. Upon a motion by Councilman Barton, Certificate of Election from Kern County Clerk of Results of Special Municipal Election for the unexpired term of Councilman in the Sixth Ward and Special Municipal Election for City Measure "A", held on the 6th day of November, 1984, was received, ordered placed on file and spread in full in the minutes. Bakersfield, California, November 28, 1984 CERTIFICATE OF KERN COUNTY CLERK OF RESULT OF CANVASS OF CITY OF BAKERS- FIELD SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 6, 1984. - Page 2 ! 95 State of California) ) County of Kern ) State of California, returns of the vote held on November 6, mitred to the to which this votes cast in GALE S. ENSTAD, County Clerk-Recorder, County of Kern, HEREBY CERTIFY that I have canvassed the cast in said County at the General E]ect~on 1984 for all Candidates and Measures sub- voters, and that the Statement o[ the Vote Cast, certificate is attached, shows the whole number of said City of Bakersfield, and whole number of votes cast for each candidate and for and against each measure in said City of Bakersfield and in each of the respective precincts tilerein, and that the totals of the respective columns and the totals as shown for each candidate and for and against each measure are lull, true and correct. IN WITNESS WHEREOF I do hereby set my hand and the Official Seal of the County of Kern this 19th day of November, 1984. /s/GALE S. ENSTAD County Clerk-Recorder, County of Kern State of California 196 Bakersfield, California, November 28, 1984 - Page 3 STATEMENT OF ALL VOTES CAST AT THE SPECIAL MUNICIPAL ELECTIONS HELD N O V E M B E R 6, 1 9 8 ,i CITY OF BAKERSFIELD STATE OF CALIFORNIA Bakersfield, California, November 28, 1984 - Page 4 19? SPECIAL MUNICIPAL ELECTION NOVEMBER 6, 1984 WARD NO. 6 CONS. PRECINCT NO. REGISTERED VOTES VOTERS CAST DICKERSON GOZA HANSEN ROLLINS 115 590 174 877 175 7]8 176 809 177 635 178 798 179 465 180 680 212 ,450 326 833 327 511 328 73 329 817 330 574 331 401 332 275 Absentees TOTAL 9,506 PERCENT 65.43% 383 180 20 ]30 11 483 180 50 189 12 401 160 26 164 8 547 207 111 198 6 459 185 32 213 9 522 207 50 220 9 311 238 37 99 7 ,i28 ]76 27 172 14 280 121 33 97 8 584 332 24 181 5 321 147 27 110 10 52 29 1 17 0 554 3]8 30 170 1] 389 205 25 124 10 300 152 16 117 4 158 92 8 51 2 7,023 249 36 192 ]9 13,195 3,078 553 2,444 145 CHARTER AMENDMENT - CITY WIDE CONS. PRECINCT NO. REGISTERED VOTES VOTERS CAST YES MEASURE "A" NO All 77,112 PERCENT 79.4~ 61,246 35,045 12,725 198 Bakersfield, California, November 28, 1984 - Page 5 Adoption of Resolution No. 93-84 of the Council of the City of Bakers- field declaring the results of Canvass of Returns of the Special Municipal Election for the unexpired term of Councilman in the Sixth Ward and Special Municipa] Election for City Measure A, held on the 6th day of November, 1984. Upon a motion by Councilman Childs, Resolution No. 93-84 of the Council of the City of Bakersfield declaring the results of Canvass of Returns of the Special Municipal Election for the un- expired term of Councilman in the Sixth Ward and Special Municipal Election for City Measure A, held on the 6th day of November, 1984, was adopted by the :following roll call w~te Ayes: Councilmen Rockoff, Barton, Childs Christensen, Moore, Payne, Ratty Noes: None Absent: None The results of the Special Municipal Election for the unexpired term of Councilman were as follows: WARD NO. 6: Hark M. Dickerson 3,078 Mark David Goza 553 Marla M. Hansen 2,444 Scott Sean Rollins 145 The results of the Special Municipal Election for the Charter Amendment were as follows: YES NO TOTAL Measure "A" 35,045 ]2,725 47,770 The following person is hereby declared to be elected to the Office of City Councilman for an unexpired term: MARK M. DICKERSON SIXTH WARD The results of the Special Municipal Election for the Charter Amendment were as follows MEASURE "A" PASSED ADJOURNMENT There being no further business to come before the Council of the City of Bakersfield, upon a motion by Councilman Barton, the Council was adjourned. Bakersfield, California, November 28, ]984 - Page 6 1!)9 NEWLY ELECTED COUNCIL MEMBER SWORN IN BY CITY CLERK City Clerk Anderson administered the Oath of Office to newly elected Councilman Mark M. Dickerson of the Sixth Ward. Councilman Dickerson expressed his appreciation to the Mayor, Council and staff for their warm greetings and the opportunity to serve the City of Bakersf7ield and constituents in 'the 6th ~Vard. Mayor Shell convened the Council of the City of Bakers- field at this time. The City Clerk called the roll as follows: Present: Mayor Absent: None Shell. Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore, Ratty APPOINTMENT OF COUNCIL STANDING COMMITTEES City Manager Caravalho presented a memorandum regarding City Council Advisory Subcommittees, as follows: At the last City Counci] Meeting, the City Council requested the City Manager make comments and recommendations as to the structure and function of the City Council Advisory Subcom- mittees. It is my recommendation that the Council Committee structure remain much the same except for some minor revisions. The Committees should be structured as follows: Auditorium and Community Services: This committee may handle policy matters relative to Auditorium Social Services and Parks and Recreation. Budget and Finance Committee: The primary function of the committee w~11 be to review and comment on the Operating and Capital Improvements Budgets, review all w)uchers, and handle all other Financial policy questions by the City Council. Personnel Committee; The Personnel Committee will deal with matters pertaining to requests for new personnel and restructuring of the City government upon referral by the City Council. Urban Development Committee: This committee will deal with issues of economic development, redevelopment, and growth in the downtown area upon referral by both the City Council and the Redevelopment Agency. 200 Bakers£ield, California, November 28, 1984 - Page 7 Intergovernmental Relations Committee: The primary responsibility of the Intergovernmental Relations Committee will be in the areas of annexation, transportation, fire consolidation, emergency preparedness, Beale Library, and other City/County matters. Legislative Committee: The Legislative Com- mittee shall be responsible for all legislative matters with the League of California Cities, the State of California, and the Federal Government. Water Resources Committee: This committee shall function primarily with policy matters in the Kern River Reclaimed Water and Domestic Water areas. In order to more effectiwi~]y manage and plan for the Committee meetings, it is my suggestion that the primary committee meet on a regular basis at noon on Tuesday or Wednesday. It is also my recommendation that the City Council meet every other Wednesday at 7:00 p.m. and the Redevelopment Agency meet every other Wednesday at 7:00 p.m. Should we have a light agenda, we should utilize this oppertunity to schedule one or two issues as a study session for broad general discussion before it is brought to the full Council for formal action. Councilman Moore recommended that the Council meet every other Wednesday and continue te have Redevelopment Agency meetings, as needed, on the same night as Council Meetings. Councilman Christensen stated his only objection is that sometimes the Redevelopment Agency is unable to finish their agenda before the Council Meeting begins. Perhaps, the Redevelopment Agency Meetings could start earlier. He strongly agrees with the statement; that if there is a light agenda that the Council utilize that opportunity to schedule one or two issues as a study session for broad general discussion before it Js brought to the full Council for formal action. Councilman Childs indicated he wouId not be able to attend Redevelopment Agency Meetings at 4:30 P.M. and is also concerned about the meetings running over inte the time set for Council Meetings. He supports leaving the meetings as is for the time being and cannot support earlier meetings, because he cannot attend on a regular basis. Bakersfield, California, November 28, 1984 - Page 8 201 In answer to a question by Councilman Childs, City Manager Caravalho stated the intent behind the change of committee names is to give them more clarity, so that when issues are referred they tend to be more consistent with the role of the committee. Upon a motion by Councilman Rockoff, Council Standing Committee names, as outlined in the report from the City Manager, were approved. Councilman Childs abstained from voting on this matter. Upon a motion by Councilman Moore, Council Meetings will be held every other Wednesday, as recommended by the City Manager, and the Redevelopment Agency will meet at 5:00 P.M. as required, on the same Wednesday. SCHEDULED PUBLIC STATEMENTS Mr. Reggie Morris, President of the Board of Directors of the Greater Bakersfield Local Development Corporation, presented a check to the City of Bakersfield, in the amount of $3.000.00, for repayment of funds given to that corporation and read the following letter into the record: November 28, 1984 Dear Honorable Mayor and City Council Members: In September 1980, you provided $3,000 in seed money for the purpose of establishing the Greater Bakersfield Local Development Corporation. This new company set goals to stimulate growth and expansion of small business and increase employment in the Greater Bakersfield area. With the help of your Economic Development Division and that of the County, we have been able to assist in the construction, renovation, and new development of properties in excess of $7,790,000 of which $3,140,000 was lent through our Corporation to 15 businesses. This activity created over ]48 jobs in addition to the jobs created by the construction of these projects as well as increasing the tax base of the community. These goals have been achieved at a profit to this public benefit corporation. We are pleased to return to the City the $3,000 it provided as seed money and look forward to continued expansion of our programs and increased assistance to the community. 202 Bakersfield, California, November 28, 1984 - Page 9 We respectfully request that applied to further the goals Development Division. Sincerely, the funds be of your Economic Mr. Morris introduced Gene Stephens and Brent Dezember, members of the Board of Directors of the Greater Bakersfield Local Development Corporation, and thanked the Economic Development Department for all their efforts on behalf of the Corporation. Councilman Rockoff, the Corporation for all their The people of th~s Board work on behalf of the Council, commended hard work and the repayment check. very hard with no compensation and they have done a marvelous job for the City of Bakersfield. Councilman Ratty stated this is a beautiful example of a partnership between government and business people who provided their expertise to this field. Councilman Moore stated Councilman Rockoff did a lot to help get this Corporation started and due to his devotion they are where they are tonight. He also commended Mr. Brent Casper, who spent almost three years as President and could not be present tonight due to illness. He also commended the Local Development Corporation for the unprecedented return of money to a government entity. Mr. Robert Cannon, Kern County Librarian, introduced the Chairman of the Beale Memorial Library Relocation Task Force Mr. Frank Rosenlieb. Mr. Frank Rosenlieb presented copies of the Beale Memorial Library Relocation Task Force Report and read the following letter into the record: November 20, ]984 Members of the Kern County Board of Supervisors and Bakersfield City Council: Earlier this year the Intergovernmental Relations Committee, consisting of officials from the Kern County Board of Supervisors and Bakers£ield City R. A. Morris, President Board of Directors Greater Bakersfield Local Developmen~ Corporation Bakersfield, California, November 28, 1984 - Page lO 2(')3 Council, formed a Task Force to study the Beale Memorial Library, the largest public research and lending l~brary in Kern County. The Beale Memorial Library has a lengthy and distinguished history. It contains a great store of information, enclosing within its walls over one quarter of a million items, including special collections which are unique to Kern County culture, history and industry. The Beale Memorial Library serves thousands of Kern County and Bakersfield residents each week, tens of thousands each year and it is the foremost reference and library material resource center for responding to the information needs of the people of Kern County. The collections and staff of the Beale HemorJal Library make possible the answering of 12,000 questions from the public every month. The Beale Memorial Library Relocation Task Force, having studied the Library, its present and future service, program and space needs, has come to the conclusion that additional library space is sorely needed and that a new library structure be built. The site for the new facility must be prominent, in the heart of downtown Bakersfield for the best and fairest access for everyone. Library parking spaces must be ample. Security for library patrons must be assured. The design of the new structure must be architecturally first rate and must make a major statement about this City's and County's cultural achievements and ambitions. The Beale Memorial Library Re]ocation Task Force urges the City and the County to take under advisement and thereupon, to enact the recommendations expressed in this Report. If this is done, you, the elected representatives of our community have the opportunity for individual leadership and joint cooperation in the pursuit of a common goal for the public good; together, take positive action to build a new Beale Memorial Library of the highest quality and stature, for our generation and for future generations, for the City of Bakers- field and for the County of Kern. Respectfully submitted, Frank Rosenlieb, Chairman Mr. Rosenlieb then read the Executive Summary from the report that contains the recommendations of the Task Force, and stated the first choice of the Task Force ~or the Beale ~{emorial Library relocation is the entire block between "M" and "N" Streets between the County Justice Building and the Civic Auditorium on Truxtun Avenue. The alternative site is the area of 18th and ]9th 204 Bakersfield, California, November 28, 1984 - Page 11 Streets, generally between "K" and "M" Streets, replacing one of the worst areas in Bakersfield. Mayor Shell stated the community owes a great debt to the people who served on this Task Force. They have been meeting for many months and donating their time and expertise. Mrs. Martha Walters, 3301 Dwight Street, presented a bumper sticker entitled "I'm So Broke I Can't Pay Attention," and commended the Greater Bakersfield Local Development Corporation for returning the money to the City of Bakersfield. Mrs. Walters expressed her disapproval with tax increments being used for the Downtown Redevelopment Area. She felt it is depriving the schools, City and County services and water agencies from their rightful monetary help. Several cities and counties, knowing there will be a tightening of money coming from the Federal Government, are now looking for ways to get money and she hopes the Council will not do that on the local level, but, instead, will curtail spending. She urged the Council to do what they can to bring an end to the interpretation being applied to AB 1490 forcing the sale of homes of Medical recipients whose benefits extend six months or have liens on their property. She also requested that the Council bring a speedy demise of the Bakersfield Redevelopment Agency, which would have the affect of making funds available where they are truly needed, for the needy. COUNCIL STATEMENTS a motion by Councilman Ratty, a Workshop Session budget was set for Tuesday, December 18, 1984, at Upon to discuss the 5:00 P.M. City Manager Caravalho from the Council on the level of with the relocation of the Beale to County and town site, stimulated stated he would like an indication interest as to what might be done Memorial Library. Councilman Ratty stated the Committee agreed to continue go ahead with a look at the possibility of cooperating with the they are very interested in the second priority, down- rather than the first priority. The second priority has two proposals that would not only relocate the library Bakersfield, California, November 28, 1984 - Page 12 2O5 to that site, developers, in one instance, are help assemble the land. Private project in the downtown area that the Council for years to remove. Their recommendation is continue on this line and see if that is what do and then work out something. but create a stimulus for other activities. The only requesting that the City enterprise is interested in this has been working on that the Council the County wants to Councilman Rockoff made a motion that the Council indicate to the City Manager that they want to go ahead with the downtown location, cooperate with the County and the matter should stay in the Intergovernmental Relations Committee, at the Council level, to keep the Council fully informed of the progress. Councilman Christensen suggested that the Council sit down, as a group, and take a good visual look at both sites, and discuss it thoroughly, so that when a decision is made there is a basic understanding of the entire matter. Councilman Christensen offered a substitute motion that a Workshop Session be held regarding the relocation of the Beale Memorial Library. Councilman Rockoff withdrew his motion. City Manager Caravalho suggested that they try to have a preliminary meeting on December 1,i, 1984, with the Kern County Chief Administrative Officer and Librarian to explore some concepts being discussed in the Economic Development Office. This will have budget implications and by December 18, 1984, staff can give the Council a fairly good idea as to how this can be approached as to site and economic impacts. During discussion Councilman Ratty stated Kern County Supervisor Larwood would like an indication from the Council as to the direction they want to take. Ceunci]man Ratty requested that Councilman Christensen amend his motion to state that the Council intends to continue to work jointly with the County on this project and explore the downtown location further. 206 Bakersfield, California, November 28, 1984 - Page 13 Councilman Christensen stated he would include that in his motion. City Manager Caravalho stated, if the Council agrees, they can include that in the Workshop Session on the prebudget as the first item. Councilman Christensen's amended motion that the re- location of the Beale Memorial Library be included as the first item of discussion at the Workshop Session on the Preliminary Budget to be held on Tuesday, December 18, I984, at 5:00 P.M., and the Kern County Board of Supervisors be advised that the Council intends to continue to work jointly with them on this project and supports the concept of the downtown location of the Beale Memorial Library, was approved. Councilman Moore informed Councilman Dickerson the reason for the change of seating of some o[ the Councilmen in the Council Chambers was to get some type of order by Wards. Councilman Moore read letters from Mr. Ron Nolan, 401 Pebble Beach Drive, and ~r. & Mrs. Harlen Van Alstyne, 613 Pebble Beach Drive, regarding numerous power outages, especially on Thanks- giving Day, in the Kern City and Southwest Bakersfield areas. The letters were submitted with a petition, containing 128 signatures, requesting that the City Council take some action to alleviate the problems in Kern City and Westwood Estates with power outages. Mr. L. W. McRee, Pacific Gas and Electric Company, stated these power outages are affecting not only Kern City, but most of Southwest Bakersfield. He agreed with the people who submitted the letters and petition. Pacific Gas and Electric Company does not feel they are getting the quality of service they deserve. They are making an effort to resolve the problems and have done a number of things and some are pending for the Southwest area. A new set of problems brought about the Thanksgiving Day outage that are not related to prior problems. Bakersfield, California, November 28, 1984 - Page 14 ,07 Mr. Alan E. Drew, Electric Superintendent for Pacific Gas and Electric Company, stated he resides in Southwest Bakers- field and can relate to the problem. Their service reliability has been poor in that area, there is no question about it. The problem, however, is complex, because there are components in the underground system that are failing. Initially, they were identified as one type of connector and they have been making an attempt to replace them. However, the outages that occurred on Thanksgiving Day are different and this adds another dimension to the situation. This is a complex problem and they cannot guarantee it will be solved right away. It may take a lot of study and decisions. Mr. Drew oLlt- lined some of the things Pacific Gas and Electric are doing to improve the situation. Councilman Dickerson asked if there is anything the City can do to resolve these problems. Mr. Drew stated they are looking for street locations to install underground service interrupters, which are an automatic switch gear that goes into the greund. If a fault occurs it opens and only allows those homes beyond it to be out of power. Councilman Dickerson stated he understands that Southwest Bakersfield is Pacific Gas and Electric Company's number one outage area. Councilman Moore also offered the City's assistance to help eliminate some of the problems. Councilman Moore requested Gas and Electric Company expedite corrective procedures they had a target date when the problems would be that Pacific and asked if eliminated. Mr. McRee stated with an tinderground system they cannot guarantee that there will ever be a point when there will not be a problem. They recognize the problems and realize they are not providing the quality of service the people deserve. They will put all the expertise they can on it. Councilman Moore requested that Pacific Gas and Electric Company come back to the Council, as soon as possible, with an 208 Bakersfield, California, November 28, 1984 - Page 15 update when they feel the problem has been isolated and give a time element for better service. Mr. McRee stated they would provide updates. Councilman Moore requested that Pacific Gas and Electric Company correspond with each person on the petition giving them some of the diatribe presented this evening, which includes some of P. G. & E's problems, to help them understand where this matter stands and what they can expect. Councilman Dickerson suggested that Pacific Gas and Electric Company have some system of communication with the people so they know how long the outages wilI last. Upon a motion by Councilman Christensen, Mayor Shell declared a brief recess at 8:40 P.M. and recenvened the meeting at 8:50 P.M. APPOINTMENT OF COUNCIL STANDING COMMITTEES CounciIman Barton proposed the appointment of the following Council Standing Committees: AUDITORIUM AND COMMUNITY SERVICES J.M. "Chris" Christensen, James Henry Childs Mark M. Dickerson Chairman BUDGET AND FINANCE Arthur L. Rockoff, James J. Barton Donald K. Ratty Chairman INTERGOVERNMENTAL RELATIONS Donald K. Ratty, Chairman Ro]lie Moore Arthur L. Rockoff LEGISLATIVE Mark M. Dickerson, Chairman James Henry Childs J.M. "Chris" Christensen PERSONNEL James Henry Childs, Chairman J.M. "Chris" Christensen Mark M. Dickerson URBAN DEVELOPMENT James J. Barton, Chairman Rollie Moore Arthur L. Rockoff WATER RESOURCES Rollie Moore, Chairman James J. Barton Donald K. Ratty Councilman Rockoff stated he would trade with Councilman Christensen and serve on the Legislative Committee instead of the Intergovernmental Relations Committee. The members of those two Committees would be as follows: Bakersfield, California, November 28, 1984 - Page 16 209 INTERGOVERNMENTAL RELATIONS LEGISLATIVE Donald K. Ratty, Chairman J.M. "Chris" Christensen Rollie Moore Mark M. Dickerson, Chairman James Henry Childs Arthur L. Rockoff Councilman Childs made a motion to defer action on the Council Standing Committees until the meeting of December 5, 1984. Councilman Childs stated he would like to get off the Legislative Committee and become a member of the Intergovernmental Relations or Urban Development Committees. Councilman Barton suggested that Councilman Childs negotiate with one of the members of those Committees for a trade. Upon a motion by Councilman Ratty, the amended assignment of the Council Standing Committees, were approved. Councilman Barton stated he met with W. D. Higginbotham, former Assistant City Manager-Finance and now City Manager of Gainsville, Florida, and he wished everyone the best. Councilman Moore stated he wanted to remind the Council that a decision was made a few weeks ago to leave the subject of Emergency Preparedness in the Water Resources Committee. REPORTS Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 32-84 regarding Land Acquisition in Census Tract 22 (Lakeview Avenue), as follows: On February 8, 1984, the City Council accepted the Business Development Revita]ization Program developed by the Community Development Division. One of the approaches for revitalization involves acquisition and relocation to achieve a better mix of commercial and residential uses. This program was also developed for the purpose of acquiring substandard structures and substandard lots so that development can be directed onto them. Staff has identified threm properties for acquisition that can be used to achieve the objectives of the Business and Development Revitalization Program. The addresses of the properties are as follows: (1) 415-425 Lakeview Avenue, (2) 700 Lakeview Avenue, (3) S21 Lake- view Avenue. The acquisition of the 415-425 Lakeview Avenue property wii1 result in the development of a convenience store, a laundro- mat and one additional leaseable space. This 210 Bakersfield, California, November 28, 1984 - Page 17 will be accomplished by working with the existing owner of the property. Further information in the form of a development agreement will be presented to this Committee in 60 days. The 700 Lakeview Avenue and the 821 Lakeview Avenue properties are being acquired for future development. The 700 Lakeview Avenue property is located south of the outreach office on a substandard lot. It will support the assemblage of other substandard lots between the two locations for future development. The total acquisition will amount to $102,200 and will be paid from the Community Develop- ment Block Grant Funds. This Committee has reviewed the appraisals with staff and the City Attorney and are satisfied with fheir opinion of the value of the properties. Therefore, we are recommending the acquisition of tho following properties: (1) 415 - 425 Lakeview Avenue (2) 700 Lakeview Avenue (3) 821 Lakeview Avenue Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 32-8,i regarding Land Acquisition in Census Tract 22 (Lakeview Avenue), was accepted; and acquisition of properties located at 415-425 Lakeview Avenue, 700 Lakeview Avenue and 821 Lakeview Avenue, in the amount of $102,200, was approved. is 821 matter. Ms. Carol Dykes stated her tax bill states her property Lakeview Avenue and she has not been contacted about this Community Development Coordinator Grady stated the appraiser assigns the addresses, based on the information obtained from the Post Office. There has been problems with a designated street address being different from the Post Office address. They used the Assessor's parcel number and they have not been in contact with Ms. Dykes, however, they have contacted the owner of the property and it is not Ms. Dykes. Councilman Childs requested that Mr. Grady explain the matter to Ms. Dykes to alleviate her fears. Bakersfield, California, November 28, 1984 - Page 18 211 Assistant Public Works Manager-Engineering Schulz presented a report on Traffic Circulation around Eissler Elementary, Chipman Jr. High and Highland High Schools, as follows: A report from the Growth and Development Com- mittee was presented at ];he City Council Meeting of October 3], 1984, concerning progress of efforts to solve circulation problems at the north side of the three school complex, Eissler Elementary, Chipman Jr. IIigh and Highland High School. Several meetings and actions have taken place since this report. In the week following tiao Committee Report, the Council's Growth and Development Committee, City staff and representatives of the schools met to discuss the circulation problems at this location. It was agreed to proceed with the steps necessary for the extension of Eissler Street (north of the scheol complex) and Brewer Street (west of Eiss]er Street to connect with La Costa Street) and to also meet on November 13, ]984, at the intersection of Charger Avenue and Meadow Vista Street to discuss traffic signs or other immediate improvements that could be made at thSs intersectdon. At a meeting on November 13, 1984, at which City Public Works staff, Mr. John Giumarra, Councilman Rockoff, representatives of the schools and parents were present, it was agreed to upgrade signing for "one way", "do not enter" and turning restrictions and place stop signs at all entrances to the intersection of Charger Avenue and Meadow Vista Street. Work on the sign changes has been completed. Mr. John Giumarra, Jr., representing the property owner, Giumarra Brothers Fruit Company, has indicated they will agree to the temporary road easements necessary to provide pawed access north of E]ssler Street and west on Brewer Street to connect with La Costa Street. However, he has not responded to our most recent correspondence of November ]6, 1984, which contained necessary easement agreements for his signature. Upon receipt of the signed easement, the City will proceed with street grading and paving work, which will take approximately 3 weeks for completion. The cost of the contracted work for this project will be approximately $5,000. Since this is not a budgeted item, I am recommending that this amount be provided for the project from the General Fund Council Contingency. Councilman Rockoff stated he spoke with Mr. Giumarra late this afternoon and he gave him the authority to publicly state that the required deeds will be at City Hall tomorrow. Councilman Rockoff thanked staff for the work they did and the cooperation of the School Board and P.T.A. 212 Bakersfield, California, November 28, 1984 - Page 19 Upon a motion by Councilman Rockoff, report from Assistant Public Works Manager-Engineering Schulz regarding Traffic Circulation around Eissler Elementary, Chipman Jr. High and Highland High Schools, was received; and the use of $5,000 from the General Fund Council Contingency for this project, was approved, subject to the agreement with Mr. Giumarra. CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claims Nos. 2413 to 2781, inclusive. in the amount of $1,560,92].71. (b) Claim for Damages from Jarel J. Grimes, 62] "O" Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages and Personal Injuries from Mary T. Rickets, 432 West Ward Street, Ridgecrest, California. (Refer to City Attorney) (d) Claim for Damages from Billy Wayne Starr, 1405 Dodge Avenue, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Scott W. Ratterman, 626 Laurel Street, Petaluma, California. (Refer to City Attorney) (f) Claim for Implied and Comparative Indemnity from Rex Fulton Hiibish, c/o Jenkins and Brown, Attorneys at Law, 1605 "G" Street, Bakersfield. (Refer to City Attorney) Street Right-of-Way Deed from Gannon Enterprises, Inc., as required for a future apartment site located between "K" and Jewerr Streets and between 38th and 40th Streets. (h) Water Pipeline Easements from Tenneco Realty Development Corporation and J. I. Case Company as required for City water lines to be located northwest of Rosedale Highway and Fairhaven Drive. (i) Public Utilities, Fire Lane and Public Access Easement from San Dimas Properties as required by the Planning Commission for Parcel Map No. 6822, located on north side of 34th Street between Memorial Hospital and Union Avenue. (j) Notices of Completion and Acceptance of Work on: Construction of street improvements on Camino Media between Forum Way and Haggin Oaks Boulevard, Contract No. 84-231 with Granite Construction Company. (CONTINUED ON NEXT PAGE) Bakersfield, California, November 28, 1984 - Page 20 213 (j) CONTINUED Tract No. 4721, Contract No. 84-73 with Tenneco Realty Development Corporation, located at Limoges Way, west of Haggin Oaks Boulevard. Tract No. 4613, Contract No. 84-53 with Tenneco Realty Development Corporation, located at Pin Oak Boulevard and Park View Drive. Tract No. 4624, Contract No. 83-157 with Highlands Real Estate Corporation, located at Auburn Street, west of La Costa Street. Tract No. 4609, Contract No. 83-187 with Bojack Development, Inc., and Pierce Lathing Company, dba Pierce Enterprises, located at Fairview Road, east of South "H" Street. Parcel Map No. 7247, with RNR Enterprises Lane and Stine Road. Contract No. 84-20] , located at White Parcel Map No. 6963, with Tenneco Realty located at District Contract No. 83-185 Development Corporation, Boulevard and Ashe Road. (k) Notice of Completion and Acceptance of Work on drilling, casing and pump testing Ashe Water Well No. 15, Contract No. 84-206 with S. A. Camp Pump Company. (1) Application for Encroachment Permit from Bob Klassen (Klassen Corporation), 2000 Oak Street, Bakersfield, for construction of a 3 foot high retaining wall along back of sidewalk on Barrington Street and North Half Moon Drive at 2700 Barrington Street. Agreement to rescind Improvement Agreement No. 82-68 between the City of Bakersfield and Golden Empire Development Company for Tract No. 4403. This agreement can be rescinded because the property has been resubdivided under Parcel Map No. 7347 and all required off-site improvements are existing. (n) Renewal of Agreement with TRW Subscriber Service [or assessment of preapplication indebtedness of individuals applying for a Home Improvement Loan. Councilman Rockoff requested more information on Voucher No. 2706 under Item (a) for the purchase of ['our VHS Video Recorders. Fire Chief Needham stated the four VIIS Video Becorders were budgeted in the current budget and will be used to upgrade 214 Bakersfield, California, November 28, 1984 - Page 21 the training program for the Fire Department. They will be located in the Fire Stations so the Firemen can utilize the television sets as part of the apparatus for training. There are VHS films avail- able in the Olive Drive Training Facility that can now be sent to the Fire Stations on a regular basis for training purposes. The areas covered on these films are hazardous materials handling, pesticide handling, firefighting procedures, emergency medical training and rescue and victim extrication from vehicles, etc. Councilman Rockoff asked if the use would be limited to training. Fire Chief Needham stated there has been no discussion with respect to limiting the use of the machines. The television sets were bought and paid for by the Firefighters and the City will be using those television sets. Councilman Rockoff, referring to Item (n), Agreement with TRW Subscriber Service, asked if they maintain an office in Bakersfield, if this is a bid process and, if not, why doesn't the City use local people for this service. Community Development Coordinator Grady stated they are a local company and used by the County for their Housing Rehabili- tation Program. The bid process was not used because they are the only local company who can provide the type of service needed for the City's Housing Rehabilitation Program. Councilman Dickerson stat~,d he would like to go on record, after having visited some of the Fire Stations, by stating that it would be very advantageous for morale to allow the Video Recorders to be used in off hours by the Firemen and he hopes the Council will support it. Councilman Ratty stated ho does not feel like Councilman Dickerson. He feels they will be used, basically, for entertain- ment, and it will be a very low priority ~tem as far as training goes, which he feels would be a very good thing. He felt the video machine could be passed along with the tapes. tle suggested Bakersfield, California, November 28, 1984 - Page 22 2?5 that the in a row. Firemen go to five 12 hour shifts rather than three days He did not feel that this is an appropriate expense. Finance Director Klimko, in answer to a question by Department. concept be used tool. Councilman Childs, for the record, stated he supports the of any video recorders, or whatever is in the Fire Station, not only as a training tool. but also as a recreational Councilman Childs, stated this equipment has been purchased, delivered and pending payment after approval of the Council. If the Council does not approve the Voucher the alternative is to return the equipment. In answer to a question by Councilman Childs, City Attorney Oberholzer stated this item falls below the statutory requirement for bids and Council approval of those bids. Consequently~ is was ordered through a usual purchase order, pursuant to the purchasing rules in the ordinance. Councilman Childs stated, regardless of the validity of the purchase or what it is used for, he is concerned about the way it was handled. tie is having mixed emotions about equipment of this nature that is purchased then brought to the Council for approval. City Manager Caravalho stated the item was considered during the budget process. Sometimes new technology is difficult to accept, especially in this environment and he emphasizes with some of fhe concerns, in terms of how the Firefighters utilize their time. It should be realized that today, with the advent of video tape and other kinds of things, there are many benefits that can be derived in very economical ways through exchange of tapes, etc. If the Council's concern is the utilization of the video recorders, then staff can direct the Fire Chief as to their use for training, etc. He supports this equipment for training and education, and would recommend that a policy be set that the Fire Chief utilize the equipment consistent with the operational mission of the Fire 216 Bakersfield, California, November 28, 1984 - Page 23 Ayes: Noes: Absent: Councilman Barton stated, what the Fire Chief is talking about is a very valuable training aid, and he has confidence that the Fire Chief will keep track of the use of the video recorders during nontraining times and there will be no problem. Upon a motion by Councilman Ratty, Voucher No. 2706 for purchase of four VHS Video Recorders, was approved and the Fire Chief was directed to use the equipment consistent with the mission of the Fire Department, by the following roll call vote: Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, ~{oore, Ratty None None Upon a motion by Councilman Hockoff, Items (a) with the exception o[ Voucher No. 2706, (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) of the Consent Calendar, were adopted by the following roll call w~te: Ayes: Councilmen Noes: None Absent: None Rockoff, Barton, Childs, Dickerson, Moore, Ratty ACTION ON BIDS Christensen, Upon a motion by Councilman Barton, bids of Three Way (1 item), in the amount of $38,]82.94, and Quality to a Stine Roads. Three bids were received, high of $151,230.00. The low ranging from a low of $150,182.10 bid, from Griffith Company of Bakersfield, exceeds the amount budgeted by $182.10. However, the bids have been evaluated and are considered acceptable by the staff. The additional funds required are available from savings in completed projects. Chevrolet Service Body (1 item), in the amount of $l,841.22, for Four Wheel Drive Vehicle with Service Body and additional Service Body, wero accepted and all other bids rejected. Deferral of action on bid for resur- facing Planz Road between Wible and Bakersfield, California, November 28, 1984 - Page 24 217 Councilman Dickerson stated that he would question the need for resurfacing the street between Akers and Stine Roads. Assistant Public Works Manager-Engineering Schulz stated, each year the Street Maintenance Division makes recommendations to the Public Works Department concerning streets that are in need of repair, either resurfacing or reconstruction. In this case, they, apparently, observed cracking in pavement, which is invisible to the eye, unless a close inspection is made. Generally, they make a recommendation, based on what they observe through careful inves- tigation. Staff, in turn, designs the project and the engineer makes another inspection of the project to make sure it is in need of resurfacing. In this case they, obviously, felt it was. The resurfacing job will probably save a lot of money in the long run, because if a project has to be reconstructed it will probably cost more than double that amount. Councilman Dickerson stated he feels a good portion of this road does not need to be resurfaced. There are other areas within the 6th Ward where these i£unds could be utilized in a more satis- factory manner and he would like to have an opportunity to discuss it with the engineer who evaluated the project. Upon a motion by Councilman Dickerson, action on bids for resurfacing Planz Road between Wible and Stine Roads, was deferred until the Council Meeting of December 5, 1984. Upon a motion by Councilman Moore, usual bidding require- ments were dispensed with, in accordance with Section 3.20.060 o[ the Municipal Code, and the Finance Director was authorized to negotiate a price with P.M.C. Products for Thirty Motorcycle Radio Headsets for the Police Department, not to exceed the budgeted amount of $6,000.00. DEFERRED BUSINESS Adoption of Ordinance No. 2945 New Series of the Council of the City of Bakersfield amending Section 5.10.010 of Chapter 5.10 of the Bakersfield Municipal Code pertaining to Ambulances. 218 Bakersfield, California, November 28, 1984 - Page 25 Upon a motion by Councilman Christensen, Ordinance No. 2945 New Series of the Council of the City of Bakersfield amending Section 5.10.010 of Chapter 5.10 of the Bakersfield Municipal Code pertaining to Ambulances, was adopted by the following roll call vote: Ayes: Councilmen Rockoff, Dickerson, Noes: None Absent: None Barton, Childs, Christensen, Moore, Ratty Adoption of Ordinance Series of the Council No. 2946 New of the City of Bakersfield adding Chapter 10.60 to the Bakersfield Municipal Code relating to Interstate Trucks. Upon a motion by Councilman Christensen, Ordinance No. 2946 New Series of the Council of the City of Bakersfield adding Chapter 10.60 to the Bakersfield Municipal Code relating to Inter- state Trucks, was adopted by the following roll call vote: Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore, Ratty Ayes: Noes: None Absent: None Adoption of Ordinance No. 2947 New Series of the Council of the City of Bakersfield amending Sections 10.76.030, 10.76.050, 10.76.070, and ]0.76.080 and repealing Section 10.76.060, relating to Parades. Upon a motion by Councilman Christensen, Ordinance No. 2947 New Series of the Council of the City of Bakersfield amending Sections 10.76.030, 10.76.050, 10.76.070, and 10.76.080 and repealing Section 10.76.060, relating to Parades, was adopted by the following roll call vote: Ayes: Councilmen Noes: None Absent: None Rockoff, Barton, Childs, Dickerson, Moore, Ratty Christensen, Bakersfield, California, November 28, 1984 - Paf<e 26 2].9 Adoption of Ordinance No. 2948 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located approximately 2/3 mile east of Fairfax Road, ~ mile north of Panorama Drive. The application for this amendment was made by }larry C. Elllngston, Jr., for Shandon Investment Group and would change subject propertJes from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. The Planning Commission recommended approval of this amendment, subject to the condition that within l0 days after Planning Commission adoption of a resolution recommending Council approval and adoption of an ordinance to rezone this property the owner of subject property shal~ record a deed restriction limiting the maximum number of dwelling unfts on Lots ~ through 6 (east tier) of Tentative Tract No. 4406, 6or a total of as outlined in Planning Commission Resolution No. restriction has been recorded. Upon a motion by Councilman Rockoff, Negative Declaration and Ordinance No. 2948 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning o[ those certain properties in the City of Bakersfield located approximately 2/3 mile east of Fairfax Road, ~ mile north of Panorama Dr~ve, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Rockoff', Barton, Childs, Christensen, Dickerson, Moore, Ratty Noes: None Absent: None 31 dwelling units, 62-84. The deed Adoption of Ordinance No. 2949 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield ~unicipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Panama Lane and Stine Road. 220 Bakersfield, California, November 28, 1984 - Page 27 The application for this amendment was made by Richard T. Chambers and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. amendment. The Planning Commission recommended approval of this Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2949 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Panama Lane and Stine Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore, Ratty Ayes: Noes: None Absent: None Adoption of Ordinance No. 2950 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakers- field regarding prezening of property known as Panama No. ,I Annexation. This amendment was initialed by the Planning Commission and would prezone those properties proposed ~or annexation to an Mir (Mobilehome), R-1 (One Family Dwelling) and A-20A (Agricultural Twenty-Acre Minimum Lot Size) Zones. The Planning Commission recommended approval of the Zoning: Upon Annexation for Panama No. 4 Annexation. Upon a motion by Councilman Dickerson, Negative Declaration and Ordinance No. 2950 New Series of' the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Panama No. 4 Annexation, finding Bakersfield, California, November 28, 1984 - Page 28 221 said zoning consistent with following roll call vote: Ayes: Councilmen Rockoff, Dickerson, the General Plan, were adopted by the Noes: None Absent: None Barton, Childs, Christensen, Moore, Ratty Adoption of Ordinance No. 2951 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakers- field regarding prozoning of property known as Chester No. 1 Annexation. This amendment was initiated by the Planning Commission and would prozone those properties proposed for annexation to an M-2 (General Manufacturing) Zone. The Planning Commission recommended approval of the Zoning Upon Annexation for Chester No. 1 Annexation. Upon a motion by Councilman Childs, Negative Declaration and Ordinance No. 2951 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prozoning of property known said zoning consistent with following roll call vote: Councilmen Rockoff, Dickerson, Ayes: Noes: None Absent: None as Chester No. 1 Annexation, finding the General Plan, were adopted by the Barton, Childs, Christensen, Moore, Batty Adoption of Ordinance No. 2952 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakers- field regarding prozoning of property known as Garnsey Annexation. This amendment was initiated by the Planning Commission and would prezone those properties proposed for annexation to an R-S (Residential Suburban), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-2-P (Limited Multiple Family Dwelling - Parking), R-3 (Limited Multiple Family Dwelling), B-3-CH (Limited 222 Bakersfield, California, November 28, 1984 - Page 29 Ayes: Noes: None Absent: None Multiple Family Dwelling Church), R-4 (Multiple Family Dwelling), C-O (Commercial and Professional Office), C-1 (Limited Commercial), C-2 (Commercial) and P (Automobile Parking) Zones. The Planning Commission recommended approval of the Zoning Upon Annexation for Garnsey Annexation. Upon a motion by Councilman Moore, Negative Declaration and Ordinance No. 2952 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Garnsey Annexation, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore, Ratty Deferral of action on an Agreement between the City of Bakersfield and Gulf Oil Corporation providing for relocation of Gulf Oil facilities for construction of the Kern River Bike Trail between Cal-State Bakers- field and Beach Park. The City has budgeted a project to construct the Kern River Bike Trail between Cal-State Bakersfield and Beach Park. A portion of the Bike Trail crosses over a Gulf Oil Lease having various facilities, which will interfere with the construction. This agreement provides For Gulf to relocate their facilities and for the City to reimburse Gulf for the actual cost of work, not to exceed $44,000.00. Action on this agreement was deferred from the Council Meeting of October 31, 19S4, to give the City Manager the opportunity to pursue the possibility of negotiating this fee. City Manager Caravalho read the following memorandum: I met with Mr. Goolsby of Gulf Oil Exploration and Production Company regarding financial support of the development of this bike path. Bakersfield, California, November 28, 1984 - Page 30 ?'23 Mr. Goo]sby indicated that such decisions are made at corporate headquarters and that he would submit our request to corporate head- quarters in Houston and would anticipate a response prior to the end of the calendar year. As soon as I am in receipt of any additional information, I will forward it to the Council. Upon a motion by Councilman Moore, action on an Agreement between the City of Bakersfield and Gulf Oil Corporation providing for relocation of Gulf Oil facilities for construction of the Kern River Bike Trail between Cal-State Bakersfield and Beach Park, was deferred until the Council Meeting of January 9, 1985. HEARINGS This is the time set for public hearing before the Council on an Appeal by Mariam B. Boyd to the decision of the Board of Zoning Adjustment granting an application for a Modification to Gerald Stancliff to permit the reduction of the required five- foot side yard setback to 7½ inches, with cond~tions, in an H-2 (Limited Multiple Family Dwelling) Zone, on that certain property commonly known as 1617 Alta Vista Drive. This hearing was duly advertised and the property owners notified as required by law. Law, A letter was received from Robert E. Hou]e, Attorney at 1107 Truxtun Avenue, requesting termination of the appeal hearing. Upon a motion Boyd to the decision of by Councilman Ratty, Appeal by MarJam B. the Board of Zoning Adjustment granting an application for a Modification to Gerald Stancliff to permit the reduction of the required five-foot side yard setback to 7½ inches, with conditions, in an R-2 (Limited Multiple Family Dwelling) Zone, on that certain property commonly known as ]617 Alta Vista Drive, Ayes: Noes: Absent: was terminated by the following roll call vote: Councilmen Rockoff, Barton, Dickerson, Moore, None None Childs, Christensen, Ratty 224 Bakersfield, California, November 28, 1984 - Page 31 ment Corporation. the Mortgage NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield, California, approving a formal agree- ment to a Public Leaseback by and between the City of Bakersfield and the City of Bakersfield Public Facilities Corporation. This ordinance is required to establish a formal agree- between the City of Bakersfield and the Public Facilities This agreement will serve as primary collateral for Leasehold Revenue Bonds to be issued by the Corporation. The proceeds of these bonds will be dedicated to the upgrade expansion of Wastewater Treatment Plant No. 3. First reading was considered given an Ordinance of and the Council of the City of Bakersfield, California, approving a formal agreemenf to a Public Leaseback by and between the City of Bakers- field and the City of Bakersfield PubIic Facilities Corporation. Adoption of Emergency Ordinance No. 2953 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 Nonconforming Signs. The existing Sign Ordinance requires removal of certain signs by November 30, 19S4. This ordinance will extend the abatement date for certain signs until )~arch 3], 19S5, and will provide time for the revision, review, public hearings and adoption of the revised ordinance. Councilman Moore, member of the Growth and Development Committee stated he and Councilman Rockoff met with staff and the Planning Commission and he is prepared to make a motion. Councilman Moore made a motion that the draft of the Revised Sign Ordinance be accepted as a working document, return it to the Planning Commission to meet with interested parties that will be impacted, ~nc]uding an appropriate review thereafter, followed by public hearings as necessary and return it to the Bakersfield, California, November 28, 1984 - Page 32 225 Council by February 13, 1985. This motion carried by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore, Ratty Noes: None Absent: None Upon a motion by Councilman Moore, Emergency Ordinance No. 2953 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 Nonconforming Signs, was adopted by the following roll call vote: Ayes Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore, Ratty Noes None Absent: None Adoption of Resolution No. 94-84 of the Council of the City of Bakers- field adopting Sanitary Sewer Plan for Panama Lane - Monitor Street Planned Sanitary Sewer Area and making findings relative thereto. This resolution makes findings as required by State law. Upon a motion by Councilman Childs, Resolution No. 94-84 of the Council of the City of Bakersfield adopting Sanitary Sewer Plan for Panama Lane - Monitor Street Planned Sanitary Sewer Area and making findings relative thereto, was adepted by the following roll call vote: Ayes Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore, Ratty Noes None Absent: None First reading of an Ordinance of the Council of the City of Bakersfield amending Section 16.32.070 D. of the Bakersfield Municipal Code relative to fees for construction of Planned Drainage and Sanitary Sewer Facilities pursuant to adopted plans, and adding reference to plans adopted for Panama Lane - Monitor Street Planned Sanitary Sewer Area. 226 Bakersfield, California, November 28, 1984 - Page 33 This ordinance adds the Panama Lane - Monitor Street Planned Sanitary Sewer Area to the list of planned drainage areas and planned sanitary sewer areas for which subdividers are assessed to pay the cost of constructing the planned facilities. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 16.32.070 D. of the Bakersfield Municipal Code relative to fees for construction of Planned Drainage and Sanitary Sewer Facilities pursuant to adopted plans, and adding reference to plans adopted for Panama Lane Monitor Street Planned Sanitary Sewer Area. Approval of Sewer Extension Reim- bursement Agreement with Homestead Land Development Corporation and Tuscany Glen for construction of a sewer lift station and sewer mains in Panama Lane and Monitor Street. The developers of approximately 60 acres of land north- west of Panama Lane and Monitor Street propose to construct a sewer lift station and sewer mains in Panama Lane and Monitor Street. These sewer improvements are designed to serve approxi- mately 360 acres. This agreement provides for the developers to be reimbursed for a portion of the cost of the proposed lift station and sewer mains by future developers and parcel owners within this area. Upon a motion by Councilman Barton, Sewer Extension Reimbursement Agreement with Homestead Land Development Corporation and Tuscany Glen for construction of a sewer lift station and sewer mains in Panama Lane and Monitor Street, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 95-84 of the Council of the City of Bakers- field approving the Official State- ment for the $15,010,000 "City of Bakersfield Public F~cilities Corporation, 1985 Leasehold Mortgage Revenue Bonds." This resolution approves the financial statement of the City of Bakersfield, which includes a statement of ~he revenues to Bakersfield, California, November 28, 1984 Page 34 ,27 be received and the security for the bond issue for Wastewater Treatment Plant No. 3 expansion. Upon a motion by Councilman Christensen, Resolution No. 95-84 of the Council of the City of Bakersfield approving the Official Statement for the $]5,0]0,000 "CSty of Bakersfield Public Facilities Corporation, 1985 Leasehold Mortgage Revenue Bonds," was adopted by the following roll call vote: Childs, Christensen, Ratty Ayes: Councilmen Rockoff, Barton, Dickerson, Moore:,, Noes: None Absent: None Approval of Contract with Book Pub- lishing Company for Semi-Annual Supplementation of the Municipal Code. On December 18, 1972, the City Council approved a contract with Book Publishing Company to supply the City with annual supplements to the Municipal Code. The City's current supplement rate, $21.00 per page, has been in effect since March, ]979. Due to increased costs for labor and supplies over the last 5½ years, Book Publishing Company is requesting that the Council approve increasing the prJc~' of the supplements to $24.50 per page. Several California cities were surveyed, whe use the same type of supplement as the City of Bakersfield, and they are currently paying $24.50 or higher fer this service; therefore, it is the opinion of staff that the inc:rease is justified. Recently staff elected to semi-annually, rather than annually, City. Upon a motion by Councilman Rockoff, Contract with Book Publishing Company for Semi-Annual Supplementation of the Municipal Code, was approved and the Mayor was authorized to execute same. Approval of Engineering Service Agreement between the City of Bakers- field and Testing Engineers, Inc., for roof inspection services during installation of the new roof at the Civic Auditorium. have the Municipal Codes updated at no increase in cost to the 228 Bakersfield, California, November 28, 1984 - Page 35 Agreement No for the City same. The Architect reviewing the project for reroofing the Civic Auditorium has recommended that a roofing consultant be retained for periodic field inspection during installation of the new roof. The fee for the roof inspection services will not exceed $4,250.00. $156,000 is budgeted for the construction project. Upon a motion by Councilman Christensen, Engineering Service Agreement between the City of Bakersfield and Testing Engineers, Inc., for roof inspection services during installation of the new roof at the Civic Auditorium, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and the Bakers- field S.P.C.A. amending Agreement No. 81-150 appointing the S.P.C.A. as the Poundmaster for the City. This agreement amends the City's existing agreement with the S.P.C.A. to provide an increase in compensation to the S.P.C.A. pursuant to the recommendation of the Budget and Finance Committee in Report No. 19-84. Upon a motion by Councilman Childs, Agreement between the City of Bakersfield and the Bakersfield S.P.C.A. amending 81-150 appointing the S.P.C.A. as the Poundmaster was approved and the Mayor was authorized to execute Approval of Application for the Baker Street Library Historic Preservation Grant Program, California Park and Recreation Facilities Act of 1984. This matter is a recommendation from the City of Bakers- field Historical Preservation Commission, formally acted upon on November 20, 1984. If the City Council agrees with the Commission recommendation to submit the application, the Council's action would be forwarded to the County Board of Supervisors. The application with both City and County support would be submitted for funding consideration to the State prior to December 31, 1984. Bakersfield. California, November 28, 1984 - Pa~e 36 229 Upon a motion by Councilman Christensen, Application for the Baker Street Library Historic Preservation Grant Program, California Park and Recreation Facilities Act of 1984, was approved and staff was directed to forward it: to the Kern County Board of Supervisors. Approval of creation and composition of a Citizens Advisory Council repre- senting the Proposed City/County Enterprise Zone Area. Enterprise Zone Legislation (Water's Bill) mandates the formation of a Citizens Advisory Council to provide input to the applicant jurisdiction. Further, the legislation dictates the composition of the Council, in terms of representation. This Council must start providing input by the first week in December in order to maintain the schedule established for application for Enterprise Zone designation. Upon a motion by Councilman Childs, the creation and composition of a Citizens Advisory Council representing the Proposed City/County Enterprise Zone, was approved and the elected official representation City of Bakersfield was Upon a motion on the Citizens Advisory Council from the increased to two members. by Councilman Childs, staff was to suggest to the Kern County Board of Supervisors that increase their representation on the Citizens directed they Advisory Council to two members. There being no ADJOURN~ENT further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:10 P.M. OR of th& City of Bakersfield, ATTEST: and Ex Officio Clef of the of the City of Bakersfield, California Council ma Bakersfield, California, December 5, 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.~., December 5, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Dr. Max Helton of the West Park Baptist Church. The City Clerk called the roll as :follows: Present: Mayor Shell. Councilmen Barton (seated at 7:05 P.M.), Childs (seated at 7:05 P.M.), Christensen, Dickerson, Moore, Ratty, Rockoff Absent: None Minutes of the regular meeting of November 14, 1984, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Howard Polland, Pacific Gas and Electric Company, presented the City with a $5,000 Energy Conservation Award and congratulated Public Works ~anager Hawley and General Services Superintendent Jamison on an excellent energy conservation project. CORRESPONDENCE Upon a motion by Councilman Barton, communication from The SEEZ Corporation, 2000 South Union Avenue, dated November 29, 19S4, regarding nominations and recommendations to the Community Advisory Council, was received and ordered placed on file. Councilman Barton stated that at the Council Meeting of November 28, ]984, the Council adepted criteria for the number of appointments to be made to the Community Advisory Council. The City can make ten appointments to the Advisory Council and suggested those nominations or appointments be considered tonight. The consultant has been hired through .joint efforts of the City and County and is currently studying the Enterprise Zone concept. The Advisory Council needs to be active and working as soon as possible, as the first report by the consultant is due on January 7, 1984. Bakersfield, California, December 5, 1984 - Page 2 Community Advisory Council, and the other until the Council Meeting of December 12, further consideration. Councilman Moore made a motion to nominate Vice-Mayor Barton and Councilman Childs as Council representatives to the appointments be deferred 1984, to allow time for the Councilman Barton offered a substitute motion nominating following persons to serve on the Community Advisory Council: Program (Study) Area Residents: High Density Unemployment Area (HUDA): Program Area Businesses (SEEZ : Local Government Staff: Private Industry Council: Business Development Corporations: Elected Officials: Opal Buchanan Sam Goodlow Bill Lewis Dave Kennon Paul Schillcock Polly Warren Dick Foster James J. Barton James Henry Childs Councilman Barton stated he has not received communication from either the Friendship House or the Dr. Martin Luther King, Jr.~ Community Center for nomination to the Community Based Organizations; category. If a recommendation is made by either group, it would be considered. Councilman Childs stated he has been contacted by the Dr. Martin Luther King, Jr., Community Center requesting to be considered as a nominee under Community Based Organizations. Councilman Barton stated the Council should nominate an individual who will represent the group. If the Community Center will submit a name by the next Council Meeting, it could be considered at that time. Councilman Barton's substitute motion nominating Opal Buchanan, Program (Study) Area Resfdents; Sam Goodlow, ttigh Density Unemployment Area (HUDA); Bill Lewis, Program Area Businesses (SEEZ); Dave Kennon and Paul Schillcock, Local Government Staff; Polly Warren, Private Industry Council; Dick Foster, Business Development Corporations; and James J. Barton and James Henry Childs~ Elected 232 Bakersfield, California, December 5, 1984 - Page 3 Officials; as City appointees to the Community Advisory Council, was unanimously approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2782 to 2949, inclusive, in the amount of $598,221.07. (b) Claim for Damages From Anthony Cueto, ]24 18th Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Becky Towcry, 51l Lake Street, Bakersfield. (Refer to City Attorney) (d) Improvement Agreement and Easements for Parcel Map No. 7145, with Tenneco Realty Development Corporation for construction of improvements required by the Planning Commission for Parcel Map No. 714[], located at the northeast corner of Wible Road and Pacheco Road. (e) Notice of Completion and Acceptance of Work on construction of Chain Link Fencing on Carrier Canal from Waste Gate to Manor Street, Contract No. 84-207 with American Fence Company of California. (f) Application for Encroachment Permit from Southern California Gas Company for installation of a 24-inch steel gas line under the Kern River Canal at a location approximately two miles west of Buena Vista Road and two miles south of Stock- dale Highway. Application for Encroachment Permit from Mercy Hospital, 2215 Truxtun Avenue, Bakersfie]d, for installation of a temporary office identification sign located 11 feet behind the curb and three feet within the right-of-way at 2117 - 16th Street. Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e), (f) and (g) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Ratty, Rockoff Noes: None Absent: None Bakersfield, California, December 5, 1984 - Page 4 233 ACTION ON BIDS Councilman Dickerson stated he spent some time during the past week with City staff learnlng about capital projects. He expressed his appreciation and thanks to Public Works Manager Hawley, Traffic Engineer Hahs and Jim Marino of the Planning Department. Upon a motion by Councilman Dickerson, low bid of Griffith Company, in the amount of $150,182.10, for resurfacing Planz Road between Wible and Stine Roads, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, ]ow bids of Three Way Chevrolet (one item), in the amount of $21,370.56, for one Truck with Service Body and Jim Burke Ford (one item), in the amount of $15,930.19, for One Step Van, were accepted and the Mayor was authorized to execute the contracts. Upon a motion by Councilman Dickerson, low bid of Pacific Lighting Sales, in the amount of $28,631.66, for Signal Posts and Standards, was accepted and all other bids rejected. Upon a motion by Councilman Childs, low bid of Bakers- field Welding Supply, in the amount of $l,663.83, for Annual Contract for Welding Supplies, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, all bids for Concert Grand Piano, were rejected. Upon a motion by Councilman Moore, low bid of Van Waters and Rogers, in the amount of $4,604.64, for MisceIlaneous Chemicals for Water Resources Department, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2954 New Series of the Council of the City of Bakersfield amending Section 16.32.070 D. of the Bakersfield Municipal Code relative to fees for construction of Planned Drainage and Sanitary Sewer Facilities pursuant 1:o adopted plans, and adding reference to plans adopted for Panama Lane - Monitor Street Planned Sanitary Sew~r Area. 234 Bakersfield, California, December 5, 1984 - Page 5 This ordinance adds the Panama Lane - Monitor Street Planned Sanitary Sewer Area to the list of planned drainage areas and planned sanitary sewer areas for which subdividers are assessed to pay the cost of constructing the planned facilities. Upon a motion by Councilman Ratty, Ordinance No. 2954 New Series of the Council of the City of Bakersfield amending Section ]6.32.070 D. of the Bakersfield Municipal Code relative to fees for construction of Planned Drainage and Sanitary Sewer Facilities pursuant to adopted plans, and adding reference to plans adopted for Panama Lane - Monitor Street Planned Sanitary Sewer Area, was adopted by the following roll call vote: Childs, Christensen, Dickerson, Moore, Rockoff Councilmen Barton, Ratty, None None Ayes Noes: Absent: Adoption of Ordinance No. 2955 New Series of the Council of the City of Bakersfield, California, approving a formal agreement relating to a Public Leaseback by and between the City of Bakersfield and the City of Bakers- field Public Facilities Corporation. This ordinance is requ~red to establish a formal agree- ment between the City of Bakersfield and the Public Facilities Corporation. This agreement wi]] serve as primary collateral for the Mortgage Leasehold Revenue Bonds to be issued by the Corporation. The proceeds of these bonds will be dedicated to the upgrade and expansion of Wastewater Treatment Plant No. 3. Upon a motion by Councilman Barton, Ordinance No. 2955 New Series of the Council of the City of Bakersfield, California, approving a formal agreement relating to a Public Leaseback by and between the City of Bakersfield and the City of Bakersfield Public Facilities Corporation, was adopted Ayes: Councilmen Barton, Childs, Ratty, Rockoff Noes: None Absent: None by the foilowing roll call vote: Christensen, Dickerson, Moore, Bakersfield, California, December 5, 1984 - Page 6 235 NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section ]7.06.020 of Chapter 17.06 (Zoning Map) o[ the Municipal Code of the City o[ Bakersfield regarding prezoning of property known as California Avenue No. 5 Annexation. This amendment would prezone properties owned by Vernon Strong and Manuel Candelaria, et al, to a C-2 (Commercial) or more restrictive Zone. These properties are located at the south- west corner of California Avenue anti South King Street. The Planning Commission recommended approval of the pre- zoning for the California Avenue No. 5 Annexation territory to the City Council on November l, 1984. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as California Avenue No. 5 Annexation. Adoption of Reso]uti~n No. 96-84 of AppIioation of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 295 (California Avenue No. 5). On November 1, 1984, the Planning Commission recommended to the City Council the adoption of a resolution initiating annexation proceedings for 0.63 acres of unincorporated territory located at the southwest corner of California Avenue and South King Street. Upon a motion by Councilman Childs, Resolution No. 96-84 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 295 (California Avenue No. 5), was adopted by the following roll call vote: Ayes Councilmen Barton, Childs, Christensen, Dickerson, Ratty, Rockoff Moore, Absent: None Bakersfield, California, December 5, 1984 - Page 7 Approval of Agreements to terminate Loan Agreement between the City of Bakersfield and Bakersfield Heritage Hotel Association No. l and No. 2 and the redemption of $I4,000,000 Flexible Demand Industrial Revenue Bonds (Heritage Hotel Project), 1983 Series A and Series B. On December 30, 1983, the City of Bakersfield issued Flexible Demand Industrial Revenue Bonds, 1983 Series A $7,000,000 and Series B $7,000,000, tteritage Hotel Project. Pursuant to an agreement between the C~ty and the Heritage ttotel Associates Partnership, the bond proceeds were to be loaned to the Partner- ship. Due to circumstances beyond the control of the parties, specified conditions in the Bond Purchase Contract and the Construction Fund Trust Agreement have not been satisfied and it is necessary to terminate the loan agreement and redeem the bonds. Upon a motion by Councilman Barton, Agreements to terminate Loan Agreement between the City of Bakersfield and Bakersfield Heritage Hotel Associates No. 1 and No. 2 and the redemption of $J4,000,000 F~exib]e Demand Industrial Revenue Bonds (tIeritage HoteI Project), 1983 Series A and Series B, were approved and the Mayor was authorized to execute same. Councilman Rockoff stated he has been notified by the Fair Political Practices Commission that he does not have a conflict of interest regarding Labor Negotiations and, into the Closed Session. CLOSED SESSION Upon a motion by Councilman Barton, to a Closed Session at 7:40 P.M., for the purpose of Labor Relations. The regular meeting was reconvened therefore, will enter the Council recessed Approval of Funding for Recruitment of Assistant City Manager and Deputy City Manager positions. Upon a motion by Councilman Barton, discussing at 10:20 P.M. travel expenses for out of State applicants for the positions of Assistant City Manager and Deputy City Manager, in the amount of $6,000, from the Council Contingency Fund to the PersonneI Fund, was approved. Bakersfield, California, December 5, 1984 - Page 8 Reappointment of Board of Zoning Adjustment Members. Upon a motion by Councilman Rockof[, Building Director Calvin A. Bidwell, was reappointed to the Board of Zoning Adjustment, term expiring December 1, 1987. Upon a motion by Councilman Rockoff, Building Plan Check Engineer Alex Buechler, was reappointed as the Building Director's alternate on the Board of Zoning Adjustment, term expiring December l~ 1987. 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 ,..~/]:r~ City o[ Bakersfield, ATTEST: and Ex Officio Clerk of the Council of thez City of Bakersfield, California cw/ma Calif. 238 Bakersfield, California, December 12, 1984 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Ifall at 7:00 P.M., December ]2, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of A~legiance and Invocation by Reverend Lemuel McKinnie of St. Paul's Christian Methodist Episcopal Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Absent: None. SCHEDULED PUBLIC STATEMENTS Mr. Wesley Crawford, 6101 Knudsen Drive, representing CHAMPS, stated this is a program that helps people help themselves. They have had some adverse publicity in the past, however, they now have a new Director and Board and are continuing to go on with their programs. Mr. Crawford presented the Council with a document that contains facts and figures on the new concept of CHAMPS. He requested, after he has their programs set out in a report, that he be allowed to come back to the Council with a presentation. COUNCIL STATEMENTS Councilman Ratty stated there was an Field Californian regarding a problem with a pesticide plant in Southwest Bakersfield. He was taken by surprise as to the toxicity and location of the plant next to homes. This matter is of great concern to the City, County and staff. Councilman Ratty stated he wanted to reassure the people in close proximity to the plant that the Council views it as an extremely serious matter and will be meeting with the citizens, schools, staff and County to try and resolve the matter. Councilman Moore stated he supports Councilman Ratty's comments and he looked at the area this morning and is concerned with the intersection of Gosford Road at the railraod tracks. A person traveling north of Gosford Road, approaching the intersection, is blind-sighted by a building sltting near the railroad tracks. article in the Bakers- Bakersfield, California, December 12, 1984 - Page 2 If there was a train coming from west to east, with north bound traffic, it is very hazardous to the traveler. Should there be a derailment at that location, the cars would land on top of the Magna Corporation Acrolein Plant. Councilman Moore requested that staff investigate the intersection of Gosford Road and Paaheco Road at the railroad tracks and contact all parties involved, especially the railroad company, safety device can be installed at that crossing. staff check the accidents that have occurred to see if some sort of He also requested that at that location. In answer to a question by Councilman Christensen, Fire Chief Needham stated the awareness of the location of the Magna Corporation Acrolein Plant came through the firemen in the field. It was reported to the Fire Marshal who alerted the Fire Chief in March, 1984. It is south of an area being developed by Tenneco Realty Development Corporation and located in the County. Councilman Dickerson stated there is a facility near the intersection of Pacheco and Wib]e Roads. The land south of it is proposed for residential use and a commercial development is proposed just north of it. tie requested thai staff investigate the chemicals being used there, what their toxicity is and if there is any future hazard. Councilman Childs request~d a report on what is contained in two tanks at the southwest corner of Brundage Lane and Lakeview Avenue. Upon a motion by Councilman Dickerson, the matter of lethal and toxic chemicals within the City and metropolitan area of the County, was referred to the Intergovernmental Relations Committee for investigation and report back to the Council as soon as possible. Councilman Moore read a memorandum from City Manager Caravalho regarding Public Hearing ~n the Kern River Plan, as follows: It is my suggestion that you consider a format for the public hearing on the Kern R~ver Plan. 240 Bakersfield, California, December 12, 1984 - Page 3 The what night to River Plan. One alternative could be to have the proponents speak on the 19th for two hours, with the opponents speaking for two hours al a subsequent meeting. Staff can respond to comments of the proponents and opponents at a third meeting. (The hearing format should allow all the testimony to be taken, with the intent of responding at a later time.) A second alternative could be to have one hour for the proponents and one for the opponents at the meeting of the 19th. Staff can then respond at a subsequent meeting. It would be beneficial for what the format will be at can be publicized prior to the City Council to state this meeting so that it the meeting of the 19th. Councilman Moore made a motion to approve Alternative No. 1, proponents of the Kern River Plan would speak at the meeting of December 19, 1984, for two hours, with opponents speaking for two hours at a subsequent meeting and staff responding to comments at a third meeting. During discussion, Councilman Rockoff stated the Council should allow time for rebuttal to the testimony of the proponents and opponents. Councilman Moore stated he would accept Councilman Ratty's request that the motion be amended to state that at the third meet- ing, when staff makes their presentation, that anyone can submit a written response after the staff's report is prepared, when they have the benefit of all the proponents and opponents testimony. Councilman Childs stated he could support that amendment, however, he would like time for verbal response included, with a time limit set for those verbal responses. Councilman Moore amended his motion that persons submit- ting written response will have not more than five minutes to present a verbal summary of what is in the written documentation. Council and staff engaged in a discussion regarding hold the second portion of the hearing on the Kern During discussion, Councilman Ratty made a motion that the hearing be held on December 19, 1984, as scheduled, and at that time a date be set for the second portion of the hearing. Bakersfield, California, December 12, 1984 - Page 4 241 Councilman Rockoff offered a substitute motion that at the hearing of December 19, 1984, the proponents and opponents be heard for one and one-half hours each and at that time the Council make a decision where to go from there. After further discussion the substitute motion was unanimously approved. Councilman Moore stated there has been some concerns and misunderstandings expressed by the public regarding the City Manager's reorganization and requested a report from the City Manager. City Manager Caravalho stated the reorganization submitted to the Council a couple of months ago took existing positions and reclassified them. The Deputy City ~anager position is consistent with a Department Head position and the compensation is equal to other Department Heads. The Assistant to the City Manager is a lesser position than the previous Assistant City ~anager-Finance position. The Budget Analyst position is vacant and was already in the budget. The net result is an annual savings of $18,000. being recruited at the same time. C~ty Manager the Personnel Division for their recruitment of The top of the salary range for the Deputy City All positions are Caravalho commended these positions. Manager is approxi- mately $51,000 per year. management position and per year. The Assistant to the City Manager is a the top salary range is approximately $36,000 Upon a motion by Councilman Childs, he was granted per- mission to use the Outreach Office on Lakeview Avenue for two hours (6:00 - S:00 P.l~.) on Christmas Eve to receive and distribute donated food. Councilman Barton announced he intends to nominate Mr. Howard Silver for reappointment to the Golden Empire Transit District Board, term expiring January 6, 1989. Councilman Childs stated he has received numerous inquiries regarding Sewer Fees and requested a report. City Manager Caravalho stated the fee is due to be increased in January, 1985. Based upon a laverable economic situation the staff is waiting until the bonds are opened. It may reflect a more favorable 242 BakersfJeld, California, ~ecember 12, ]984 - Page 5 economy, thus, staff may be submitting a report to the Council giving an evaluation as to whether the increase is necessary or not. Staff has no plans to decrease the fees. They are currently $650.00 and the intention is to increase it to $850.00 in January, 1985. If that is not necessary, in terms of meeting the City's debt obligation, staff will so indicate to Council and the Council can make a decision as to whether to leave it where it is or make an adjustment, less than $850.00. Councilman Childs asked if it is anticipated that the fee will be increased ~n January, 1985. City Manager Caravalho stated he would be able to answer that question in two weeks. REPORTS City Manager Caravalho stated staff thought it might be bene[icia] to the Council and public to present brief reports on activities staff is inw~lved with that tend to have low visibility. City Manager Caravalho made a presentation regarding the Trustee Work Program of the Public Works Department/County Sheriff's Office, as follows: On March 21, 1983, the Public Works Department started a work program using trustees from the Lerdo Facility. The program was designed in cooperation with the Kern County Sheriff's Office to provide an incentive to the trustees as well as provide services to the com- munity that would not otherwise be furnished due to budget constraints and lack of personnel. The trustees ~nvolved in the program are given an opportunity to shorten their sentences depending on the number of days worked and their job performance. At the start of the program, only eight trustees were used. They were picked up five days per week at the Lerdo Facility and transported in a police van to the Corporation Yard. They were assigned to the various Public Works' divisions as needed, and at the end of the shift were transported back to Lerdo. The program was such a success that we received requests from the Water Department, Civic Auditorium, and other Public Works' divisions for additional trustees. Because of transportation problems, a request was sub- mitted to the City Council for funds to purchase a used 32 passenger bus for transporting additional trustees. The request wats approved, and the bus was put into service in January, 1984. Since January, the number of trustees working has increased to :in average of 28.5 daily. Each Bakersfield~ California, December 12, 1984 - Page 6 2,43 trustee works an average of six hours per shift. Services provided by the trustees include washing equipment, repairing tools and equipment, park clean- up, weed eradication, cleaning alleys, and general shop cleaning. During the last year, approximately 36,000 hours were contributed to the City through this program. For the month of November, 1984, the trustees were assigned to work [or the £ol]owing departments or divisions and contributed a total of 3,420 hours. PUBLIC WORKS ttours Equipment Maintenance - Washing and waxing equipment - Cleaning shop floors and walls 458 Genera] Services - Repairing damaged barricades - Washing windows - Assisting in keeping lunch room clean 2O Parks - Weed eradication throughout the City - Litter control in parks 1,140 Sanitation - Cleaning up trash around receptacles alleys and business districts 205 Streets - Repairing erosion around drainage sumps - Cleaning alleys prior to repairs 30O Total Public Works 2,123 POLICE DEPARTMENT 636 - Washing police ears and motorcyles - Clean up around police garage and parking lot AUDITORIUM 310 General Clean-up in Auditorium - Litter control in parking area Washing windows WATER RESOURCES 351 Removing weeds and debris from river and canal operations TOTAL 3,420 City Manager Caravalho stated from time to time staff will present different projects from various departments for the Council and public's information. 244 Bakersfield, California, December 12, 1984 - Page 7 Councilman Dickerson stated he felt it is a wonderful program and asked if the City has anything that individually recognizes the efforts of a specific inmate. City Manager Caravalho stated the City does not provide such individual recognition. Thero is an incentive for the inmate to participate, in terms of shortening his time. Mayor Shell indicated that she has a certificate that she gives out that the Council may want to use for this purpose. Councilman Dickerson made a motion that staff draft an appropriate document and authorization be granted for expenses necessary for this purpose. Councilman Ratty stated he cannot agree with Councilman Dickersoh's motion. He felt the inmates are incarcerated for a purpose, they are being punished and they are being rewarded by serving a shorter time for doing a good job. Assistant Chief of Police Thompson stated before the Council grants any type of certificate, they should check with the Sheriff's Office and see how they feel about this subject. They do not want them to have any gratuities. Councilman Dickerson amended his motion that the subject of issuing some type of document to the inmates involved in the Trustee Work Program, be referred to the Personnel Committee for study and recommendation. Councilman Childs suggested, in light of the remarks made by Assistant Chief of Police Thompson, the matter be left alone and reconsidered at a later date. City Manager Caravalho suggested that a letter be written to the Sheriff expressing the Council and staff's appreciation for his cooperation with the City in this program. Councilman Ratty offered a substitute motion that the entire subject be dropped. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Childs, Christensen, Councilman Dickerson None Moore, Ratty, Rockoff, Barton Bakersfield, California, December 12, 1984 - Page 8 245 City Manager Caravalho stated he would like to have some indication from the Council as to whether or not they would like to have more presentations from various departments, such as the one given tonight. Councilman Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. 13-84 regarding Concert Piano, as follows: Upon the request of the Bakersfield Symphony Associates, the C~ty Council on September 27 of this year authorized $20,000 towards acquir- ing a concert piano to be used at the Civic Auditorium. At that time, the Council informed the representatives of tho Bakersfield Symphony that the City would contribute up to $20,000; however, they would have to provide any additional funds necessary for them to purchase this concert piano. Mr. Pete Jones of the Bakersfield Symphony Associates recently contacted us and has indicated that they have been successful in obtaining $6,500 and are ready to proceed with the purchase. Through their efforts, the City will now have its own concert piano. We would request at this time Council authorization to donate $20,000 to the Bakersfield Symphony Associ- ates and instruct the City Attorney to draw up the legal documents required in this transaction. Upon a motion by Councilman Christensen, Auditorium and Community Services Committee Report No. 13-84 regarding Concert Piano, was accepted; authorization was granted to donate $20,000 to the Bakersfield Symphony Associates; and the City Attorney was instructed to draw up the legal documents required in this transaction. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claim Nos. 2950 to 3049, inclusive, in the amount of $500,351.42. (b) Claim for Damages from Pacific Bell, 2510 Towne Centre Place, Room 202, Anaheim, California. (Refer to City Attorney) (c) Street Right-of-Way Easement from (:iumarra Brothers Fruit Company required to complete Eissler Street to Brewer Street, Brewer Street to La Costa Street and La Costa Street to University Avenue in the vicinity of Chipman Junior Hitch School and Risslet Elementary School. 246 Bakersfield, California, December 12, ]984 - Page 9 (d) (e) (f) (g) (n) (i) (j) (k) Grant Deed for Drainage Basin Site from Tenneco Realty Development Corporation as required by the Planning Commission for Parcel Map No. 7145, located at the northeast corner o[ Wible and Pacheco Roads. Notices o[ Completion and Acceptance of Work on: Installation of vehicle detector loops on Oak Street and Truxlun Avenue, Contract No. 84-173 with E and S Electrical. Siphon at 21st Street and the Carrier Canal, Contract No. 84-165 with Granite Construc- tJon Company. King Street curb and gutter, Contract No. 84-43 with Jim Alfter Contractor. Resurface Hughes Lane from Wilson Road to Ming Avenue, Contract No. 84-234 with Granite Construction Company. Application £or Encroachment Permit from U. S. Home Corporation, 5500 Ming Avenue, Suife 135, Bakersfield, £or installation of a 6 foot wood fence behind the sidewalk on Beechwood Street, at 3700 Cypress Glen Boulevard. Application for Encroachment Permit from Saba]oni Construction, Route 0, Box 329, Bakersfield, for construction of a roof overhang 4 feet over the sidewalk, a veneer of br~ck 24 inches high along front of building and planters adjacent to doorways at 300 to 308 Chester Avenue. Application for Encroachment Permit from Dr. Charles D. Fritcb, M.D., 2525 Eye Street, Bakersfield, for construction of a parking structure for adjacent medical offices, encroaching 4 feet into the rfght-of-way on Eye Street at 2525 Eye Street. Plans and Specifications for Traffic Signal System on California Avenue at Marella Way. Program Supplement No. 21 to Local Agency State Master Agreement between the State of California and the City of Bakersfield cover- ing railroad grade crossing protection on Wible Road at the Southern Pacific Transpor- tation Company tracks. Agreement between the City of' Bakersfield and Rauscher Pierce Refsnes, Inc., pro- v~ding financial consulting services for the issuance of approximately $15~000~000 City of Bakersfield Public Facilities Corpor- ation Bonds £or the upgrade and expansion of Wastewater Treatm~mt Plant No. 3. Bakersfield, California, J~ecember 12, I984 - Page l0 Acceptance of the City of Bakersfield Annual Financial Report for the year ended June 30, 1984. Councilman Rockoff made a motion to adopt Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) and (]) of the Consent Calendar. Councilman Childs offered a substitute motion that Items (i), (j) and (k) be removed from the Consent Calendar and considered separately. This motion was unanimously approved. Councilman Rockoff stated he wanted to point out to the Council that Item (c), Street Right-of-Way Deed from Giumarra Brothers Fruit Company, has been received and he wanted to publicly thank Mr. John Giumarra, Jr., and other executives of Giumarra Brothers Fruit Company for being so cooperative in finally solving the problem. In answer to a question by Councilman Childs regarding Item (i), Public Works Manager Hawley stated, approximately one to two years ago, at the time Mervyn's Store was being remodeled, there was a request for a traffic signal at the entrance to Mervyn's. At that point the Council requested staff to evaluate California Avenue from Stockdale Highway to Real Road and indicate where existing signals were located and where staff anticipated additional signals would be required. The decision was made to install three additional signals. The first two have been installed and this is the third and final signal along California Avenue. In answer to a question by Councilman Dickerson, Public Works Manager Hawley stated he did not know of any traffic counts that have been conducted at the intersection of California Avenue and Marella Way since August or Sepl:ember, 1984. They try to make traffic counts along major arterials at least once a year, but he does not have any knowledge about a particular intersection. The records will have to be checked. Councilman Dickerson stated, according to the Traffic Engineer, no traffic count has been made on California Avenue since 1979. He is concerned with the left-turn lanes along California 248 Bakersfield, California, December 12, 1984 Page Avenue being too short and the cars backing up into the roadway impeding traffic going west. To spend $88,000 on a traffic light and not remedy the main problem on California Avenue is not the best way to spend money. He has not seen any information to indicate that this intersection has been sludied since he raised the issue in August or September. In answer to a question by Councilman Ratty, Public Works Manager Hawley stated this intersection has been studied several times. It was studied, in detai], at the time the traffic signal was installed at Mervyn's. Traffic counts are made at various locations along California Avenue one was not made in recent moDths Councilman Ratty stated and he would be very surprised if at various locations. the traffic problem has not improved since the time the study was conducted and expressed his confidence in the recommendations of Traffic Engineer Hahs and Public Works Manager Hawley on traffic signals. Councilman Moore made a motion to approve Item (i) of the Consent Calendar. Councilman on California Avenue the islands. It is not a question of referring it to a committee, but having the study updated by the Traffic Engineer. Councilman Barton suggested that Councilman Dickerson's concerns regarding the stacking of left-turn lanes be referred to staff for study and recommendation. Public Works Manager Hawley stated bids were received on extending the turning lanes at several locations along California Avenue, however, due to lack of funds only a portion were bid. He would recommend the alternate suggestion by Councilman Barton. Councilman Moore stated he has been working with Public Works ~anager Hawley and Traffic Engineer Hahs regarding the stack- Jng of left-turn lanes and fhere is a lot of effort currently going on to facilitate those problems. Dickerson stated, in his opinion, the problems do not center around traffic lights, but to Bakersfie]d, California, December lP, 1984 Page 249 on Item California Avenue at of December 19, 1984. Councilman Dickerson offered a substitute motion that action (i) Plans and Specifications for Traffic Signal System on Marella Way, be deferred until the Council Meeting This motion carried by the rollowing roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Rockoff Noes: Councilmen Moore, Ratty, Barton Absent: None Upon a motion by Councilman Noes: Absent: declared at 8:50 P.M. and the Council lipon a motion by Councilman Barton, Item (j) of the Calendar, was adopted by the followiDg roll call vote: Ayes: Councilmen Childs, Dickerson, Moore, Ratty, Rockoff, Barton None Councilman Christensen Upon a motion by Councilman Moore, Item (k) of the was adopted by the following roll call vote: Councilmen Childs, Dickerson, Moore, Ratty, Rockoff, Calendar, Ayes Noes Absent: (d), by the Ayes Barton Rockoff a brief recess was reconvened at 9:05 P.Y. Consent Noes Absent: Information System, was Consent None Councilman Christensen Upon a motion by Councilman Childs, Items (a), (b), (c), (e), (f), (g), (h) and (1) of the Consent Calendar, were adopted following roll call vote: Councilmen Childs, Dickerson, Moore, Ratty, Rockoff, Barton None Councilman Christensen ACTION ON BIDS Upon a motion by Councilman Barton, low bid of Western System, in the amount ol~ $74,481.96, for Word Processin!~ accepted and all other bids rejected. 250 Bakersfield, California, ~ecember 12, 1924 - Page Upon a motion by Councilman ~oore, low bid of Flo Systems, Inc., in the amount of $16,197.00, for Manufactured Electrical Panelboard for Ashe Water Pumping Station No. 15, was accepted, all other bids rejected and the ~ayor was authorized to execute the contract. Upon a motion by Councilman Childs, bid of Waukesha Engine Servicenter, Inc., in the amount of $26,704.58, for Standby Electric Generating System for Ashe Water Well No. 15, was accepted and the ~4ayor was authorized to execute the contract. Upon a motion by Councilman Barton, bid of American Rubber Company, in the amount of $26,972.76, for Fire Hose, was accepted and all other bids rejected. Upon a motion by Councilman Barton, low bid of Chester Avenue Brake and Supply, in the amount of $7,088.75, for Wheel Balancers, was accepted and the other bid rejected. Upon a motion by Councilman Childs, ing Company, in the amount of $23,030.09, for Aluminum Planks and Accessories, was accepted authorized to execute the contract. bid of General Seat- Annual Contract for and the Mayor was Upon a motion by Councilman Dickerson, low bid of G. M. Services, in the amount of $4,076.12, for Signal Hardware, was accepted and the other bid rejected. Upon a motion by Councilman Ratty, low bid of Consolidated Electric, in the amount of $4,922.64. for Traffic Lamps, was accepted and all other bids rejected. Upon a motion by Councilman Dickerson, low bid of James G. Francis, Contractor, in the amount of $188,366.O0, for street improvements on W~ble Road between ~acheco Road and Garland Avenue and on District Boulevard between Stine and Ashe Roads, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, December 12, 1984 - Page 14 DEFERRED BUSINESS Adoption of Ordinance No. 2956 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning ~ap) of the Municipal Code of the City of Bakers- field regarding prezoning of property known as California Avenue No. 5 Annexation. This amendment would prezone properties owned by Vernon Strong and Manuel Candelaria, eta], to a C-2 Commercial) Zone, and are located at the southwest corner of California Avenue and South King Street. The Planning Commission recommended approval of the Zoning Upon Annexation for California No. 5 Annexation. Upon a motion by Councilman Moore, Negative Declaration and Ordinance No. 2956 New Series of the Council of the City of Bakers- field amending Section 17.06.020 of Chapter 17.06 (Zoning ~ap) of the Municipal Code of the City of Bakersfield regarding prezoning o[ property known as California Avenue No. 5 Annexation, finding said zoning consistent with the General Plan, were adopted by the foIlow-- ing roll call vote: Ayes: Councilmen Christensen. Dickerson, Moore, Rally, Rockoff, Barton Noes: None Absent: None Abstaining: Councilman Childs Adoption of Zoning Resolution No. 320 of the Council of the City of Bakers- field partially granting the Appeal of U. S. Itome Corporation from the decision of the Board of Zoning Adjustment affecting that certain property at 499 and 601Pacheco Road and zoned as an MH (Yobilehome) Zone to permit the reduction of the side- yard setback to three feet on 21 lots. This resolution sets forth the decision of the Council following the appeal hearing on this matter held November 14, 1984. 252 Bakersfield, California, ~ecember 12, 1984 - Page 15 Upon a motion by Councilman Barton, Zoning Resolution No. 320 of the Council of the City of Bakersfield partially granting the Appeal of U. S. Home Corporation from the decision of the Board of Zoning Adjustment affecting that certain property at 499 and 601 Pacheco Road and zoned as an MH (Mobilehome) reduction of the side-yard setbaek to three adopted by the following roll call vote: Councilmen Childs, Rockoff, Ayes: Noes: None Absent: None Zone to permit the feet on 21 lots, was Christensen, Dickerson, Moore, Ratty, Barton Adoption of Zoning Resolution No. 321 of the Council of the City of Bakers- field granting the Appeal of Leona and Lloyd Smith from the decision of the Board of Zoning Adjustment denying a Modification to permit the reduction of required off-street parking from 2,t to ]S spaces on that property commonly known as 212 Goodman Street. This resolution sets forth the decision of the Council following the appeal hearing on this matter held November 14, 1984. Upon a motion by Councilman Christensen, Zoning Resolutioa No. 321 of the Council of the City of Bakersfield granting the Appeal of Leona and Lloyd Smith from the decision of the Board of Zoning Adjustment denying a llodification to permit the reduction of required off-street parking from 24 to 13 spaces on that property commonly known as 212 Goodman Street, was adopted by the following roll Ayes: call vote: Councilmen Childs, Christensen, Dickerson, Rockoff, Barton Noes: None Absent: None This an Appeal by Patty and Art on relocation of the two-story unit, Moore, Ratty, HEARINGS is the time set for public hearing before the Council Knight, concerning issues of site wall/building height restrictions, Bakersfield, California, December 12, 1984 - Page 2, 3 and use/conveyance of 5 foot-wide strip between building and property line, in the decision of the Planning Commission granting an appli- cation by Public Storage, Inc., to amend the zoning boundaries fro~ an R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial Development) Zone, on that certain property commonly known as 3700 Wilson Road. This hearing was duly notified as required by law. lion. advertised and the property owners Mayor Shell declared the hearing open for public participa- Mr. Art Knight, 2400 Gentry Street, stated they do not want to discourage development of this property, but they want to work on the three areas addressed in their letter of appeal. They do not feel they are being treated fairly as an R-1 zoned property next to commercial property. Their main concern is the height of the wall. Due to the nature of the property a lot of fill work has to be done, which would place the retaining wall 4 to 5 feet along the property and they plan to place the mini-storage units 5 feet off the property line. That will make the wall at least 16 feet high and it will be approximately 50 feet from their homes. They feel the wall is not Jn keeping with the character and nature of a residential neighborhood. He suggested that if the developer would not have to fill that 4 or 5 feet of his property, in order to drain to Real Road and keep the property line adjacent to theirs at the same basic elevation, the wall would only be approximately 12 feet high. Their homes and adjacent sump are located in the County. Perhaps something could be worked out with the County to expand the sump so the rear portion of the land could drain into it. He was also concerned with the liability, if the developer landscapes the 5 feet owners to the Mr. of land without a wall or fence and lets the adjacent properly utilize it. The developer has discussed deeding that property adjacent property owners and they would not object to that. Knight expressed his objections to the one hour wall and two-story 254 Bakersfield, California, December 12, 1984 - Page 17 unit and requested it They feel that whatever is placed on this keeping with an R-1 neighborhood, because an R-1 to Commercial. be relocated on the north side of the property. property should be in it is being rezoned from Mr. Bob Hicks, representing Public Storage, Inc., stated he is concerned about Mr. Knight's property, but there is nothing that can be done because the elevations dictate what has to be put on the west property line. They have investigated different means to solve the problem and this is the only £easible way they can go. If a sump was placed on the site they would lose approximately 10,000 square feet and the benefit is only approximately 1 foot in elevation. They have met all the requirements of the City and are ready to file. Mr. Hicks, with the aid of a map, to the Council and staff. In answer lo a question by Councilman Rockoff, Assistant Planning Director Hardisty stated a parapet is a 30 inch extension above the roof line to create a barrier. It is for fire protection and creates a separation. That parapet is required on property explained the development a Building Official yester- day and the only way the parapet can be eliminated is to build a metal wood roof and metal structure on the interior of the building and that is not conducive to the way they build their facilities. 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 ior Council deliberation and action. During discussion, Councilman Ratty asked how the conflict between the two property owners regarding expansion of the sump can be solved. lines to protect adjacent properties adjacent properties. Apparently the an easement prohibiting construction parapet would not be required. Mr. Hicks stated he met with and to be protected from Building Official would accept in an adjacent fashion so the Bakersfield, California, December 12, 1984 - Page 18 2.55 Public Works ;~anager Hawley stated the sump is owned and maintained by the County. The property is designed so that the drainage ends up at the intersection of Wilson and Real Roads. Eventually it drains to the south and enters a City sump. It appears the County sump is not of sufficient size to be expanded to handle this area and that is the problem. Councilman Ratty stated, assuming the sump could be lowered, is it possible to eliminate the fill on the back and drain into that sump. Public Works Manager Hawley stated he has not checked it in detail, but just glancing at the drawings, it appears it could be lowered 3 to 4 feet. Councilman Ratty suggested that this matter be held over in order to allow staff time to investigate the possibility of a different drainage system by talking to the County about expanding their sump to see if it can be lowered by 4 or 5 feet. Councilman Christensen made a motion that the hearing be continued until the Council Meeting of January 9, 1985 in order to allow the parties involved time to try to work out the drainage problems with the Public Works Manager. Councilman Childs made a motion to call for the question. This motion was unanimously approved. Upon a motion by Councilman Christensen, appeal by Patty and Art Knight concerning issues of sife relocation of the two-story unit, wall/building height restrictions, and use/conveyance of a 5-foot wide strip between building and property line, in the decision of the Planning Commission granting an application by Public Storage, Inc., to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial Development) Zone, on that certain property commonly known as 3700 Wilson Road, was continued until the Council Meetin~ of January 9, 1985, in order to allow the parties involved time to try to work out the drainage problems with the Public Works Manager. Bakersfield, California, December 12, 1984 - Page NEW BUSINESS Adoption of Resolution No. 97-84 of the Council of the City of Bakers- field authorizing lhe issuance and sale of City of Bakersfield Hospital Revenue Bonds (Greater Bakersfield Memorial Hospital), Series ]984, the execution and delivery of an Indenture and Loan Agreement and certain other actions in connection therewith. This resolution is the final step to be performed by the City in the issuance of Revenue Bonds to Memorial Hospital. The City acts as conduit for the issuance, but incurs no liability. The City will be paid $125,000 to cover the administrative costs incurred by the City. Upon a motion by Councilman Christensen, Resolution No. 97-84 of the Council of the City of Bakersfield authorizing the issuance and sale of City of Bakersfield Hospital Revenue Bonds (Greater Bakersfield Memorial Hospital), Series 1984, the execution and delivery of an Indenture and Loan Agreement and certain other actions in connection therewith, was adopted by the following roll call vote: Ayes Councilmen Childs, Christensen, Dickerson, Moore, Batty, Rockoff, Barton Noes Absent: None None Authorization granted to submit the Application for 1985 Rental Rehabili- tation Program to the Department of Housing and Urban Development. On June 27, 1984, the City Council authorized the City of Bakersfield to participate in the Rental Rehabilitation Program for Fiscal Year 1984. In order to continue this program, the Rental Rehabilitation Program application for Fiscal Year 1985 has been prepared for sub- mission to the Department of Housing and Urban Development. The program provides grant funds to help support the rehabilitation of rental properties that are occupied by low and moderate income Bakersfield. California, December 12, 1984 - Page 20 2o7 families. The City of Bakersfield has been allocated $85,000 of grant funds for this purpose. The Rehabilitation Program will promote safe and decent housing for lower income persons and is designed to utilize Section 8 Certificates and/or Vouchers to maintain affordability of the units to our target population. Upon a motion by Councilman Childs, authorization was granted to submit the Application for 1985 Rental Rehabilitation Program to the Department of Housing and Urban Development. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman 3~oore, the meeting was adjourned at 10:10 P.M. MAYOR of the City of BakerSfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the of the City of Bakersfie]d, California ma/cw Council ?,58 Bakersfield, California, December 19, 1984 None. 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., December 19, The meeting was called to order by Mayor Shell followed by the Pledge of Allegiance and Invocation by Reverend L. C. Mailey, St. Paul's Baptist Church, Corcoran, California. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Christensen, Dickerson, Moore, Ratty, Rockoff, Barton, Childs Absent: Minutes of the regular meetings of November December 5, 1984, were approved as presented. CORRESPONDENCE Upon a motion by Councilman Barton, 28, and communication from Mr. Chuck Jimerson, Holden Truck Plaza, 3775 Pierce Road, Bakersfield, dated December ll, 1984, regarding right-of-way or 26-foot set-back problem, was received and referred to the Public Works Department. Upon a motion by Councilman Moore, communication from Ms. Carol Benston, 211 Oakbank Road, dated December 10, 1984, requesting a General Plan Amendment of a portion of a residential area on half of Oakbank Road, Oak Place, one block of Bank Street and parts of Olive Street, was received and referred to the Planning Commission. COUNCIL STATEMENTS Upon a motion by Councilman Childs, the following persons were reappointed to the Fire Department, Police Department and Mis- cellaneous Departments Civil Service Boards: FIRE DEPARTMENT CIVIL SERVICE BOARD Yember Term Expires POLICE DEPARTMENT CIVIL SERVICE BOARD Robert B. Lumis William R. Perry Kenneth E. Vetter December 31, 1985 December 31, 1986 December 31, 1987 Kenneth A. Gamez December 31, 1985 Harold L. Matlock December 31, 1986 Don G. Simpson December 31, 1987 Bakersfield, California, December 19, 1984 - Page 259 MISCELLANEOUS DEPARTMENTS CIVIL SERVICE BOARD M. James Sughrue, Jr. December 31, 1985 Louis G. Whitfield December 31, 1986 Rita M. Eggerr December 31, 1986 William Jing December 31, 1987 Bob Johnston December 31, 1987 Councilman George White to fill Childs placed into nomination the name of Mr. the vacancy created by the death of Mr. Horace Massey, on the Greater Bakersfield Separation of Grade District, and stated he will provide the Council with Mr. White's resume prior to the next Council meeting. Upon a motion by Councilman Barton, Mr. Howard Silver was reappointed to the Golden Empire Transit District, term expiring January 6, 1989. Upon a motion by Councilman Rockoff, the following New Business items were moved forward on the agenda to be considered immediately following the Consent Calendar: Adoption of Resolution No. 98-84 of the Council of the City of Bakers- field approving the formation and members and directors of the City of Bakersfield Public Facilities Corpora- tion, and approving the financing arrangements for bonds of said corp- oration, the base rental payment, and awarding the construction contract for the Wastewater Treatment Plant No. 3. Deferral of Oral Report by Finance Director regarding status of increase in sewer connection fees scheduled for January 1, 1985 implementation. Councilman Rockoff stated he has enjoyed his tenure in office during Mayor She11's term and would like to thank her for the fine manner in which she has conducted herself while serving as Mayc. r. Councilman Dickerson extended his personal thanks for Mayc. r Shell's assistance to him as a new Councilman and wished her luck in her new office as 5th District Supervisor of Kern County. Councilman Dickerson placed into the record correspondence he received from Mr. Ty Stillman, regarding the Kern River Plan. Councilman Moore thanked Mayor Shell for the concern, dedica- tion and assistance she has shown to him, t~e Councit and the community; and wished her well in her new job as Supervisor. 260 Bakersfield, California, December 19, 1984 - Page 3 Councilman Ratty stated Mayor-Elect Payne is in the audience and has a tough act to follow. He wished Mayor Shell luck in her new position as Supervisor. Vice-Mayor Barton thanked Mayor Shell for the four years leading the City. As Mayor, she has done a tremendous job with innovative ideas and has been very producttwo. He looks forward to working with her as Supervisor. Councilman Childs stated he has enjoyed working with Mayor Shell prior to and after coming on the Council and wished her well in her new position as Supervisor. Councilman Christensen complimented Mayor Shell on her statements during ribbon cutting ceremonies, as they were always timely and very uplifting regarding the City. He has been in the City for more than 50 years and would rank her No. I in dedication and outstanding charisma. Mayor Shell made the following statement: Since this is the last meeting over which I will preside as Mayor of Bakersfield, I would like to publicly express my deep appreciation for the generally warm working relationship we have enjoyed the last four years. I know you are all hard working representatives of your constituents and while I might not have agreed with all of your decisions. I am convinced of your sincerity and desire to do the right thing for the people of the City. I also want to thank the City Department Heads and employees for their friendship and extraordinary willingness to be helpful. Through personal experience, I know a very strong esprit de corps exists among the City employees. They are proud to be members of an outstanding team. I am proud to have been associated with them these four years. They are all very special. I do feel compelled to mention, in particular, the 80 or so employees at the corporation yard who so generously donated their time and effort, a full day, during a major clean-up effort last year. I don't think this has happened in any other city. As you know, I created the Beautiful Bakersfield Committee, which is growing in strength and in new directions. I know my successor, Tom Payne, is already committed lo supporting them. I hope you, too, will give them encouragement and support they deserve. They are working to further enhance the city lifestyle. I was interested in reading just this week an article by Indianapolis Mayor William Hudnut. He had asked a General Motors Bakersfield, California, December 19, 1984 - Page 4 261 Vice President why his company had decided to locate in Indianapolis. His answer surprised Mayor Hudnut, who said, "...our tax structure---seemingly the most important economic element in such a decision---wasn't among the factors he mentioned. In fact, he ranked five or six factors higher on his list, including the harmonious relationships between black and white residents of the city, our cultural opportunities, and our overall quality of life." He went on to say, "Earlier ~n a study commissioned for the City of Indianapolis by our Chamber of Commerce, the Fantus Corporation told us that what counts about a city---as much as its buildings, its economic con- ditions, its labor-management relations, its crime statistics, its utilities, or its political structures--- is its quality of life: its homes, its churches, its schools and its cultural environment." The Beautiful Bakersfield Committee can do much to improve the cultural environment of our City. They need to know you are behind them in their efforts. do A couple of more observations: I think I speak for thousands of City residents when I express my apprecia- tion for the City Council creating our Historical Preservation Commission. By doing this you have made a statement that our heritage is important and worth preserving. In your hands is the power to preserve the very character of this City or to allow its gradual demise. I am hopeful that you will not succumb to the temptation to bulldoze some of our best neighbor- hoods and unique, historic buildings in the name of engineering progress. Because I have occupied the Office of Mayor during a period of the City's greatest growth I would like to offer some recommendations for some changes in the City Charter. The demands of the people in our City make the Office of Mayor a full-time position. The Charter treats it as a parttime position. You will have to decide if you want to put this question to the voters--- to amend the Charter to reflect reality. The compensa- tion is now $500 a month. Perhaps you could consider raising this to $1,000 a month. The people, of course, would have the right to either accept or reject this amendment. Hopefully, you could also offer an amendment to give the Mayor a vote, since the Mayor is the choice of areas of the City. This could create tie votes of four to four, so to resolve this, an additional member of the Council could be established---giving Bakersfield eight instead of seven wards. And, as I suggested when I assumed office, I still would like to see the Council Committee Meetings open to the public, and to the ~ayor, who is expected to keep people abreast of what's happening in City govern- ment. Thank you for your time and courtesy. I look forward to a very cordial relationship with you and members of the City staff when I assume the office of Supervisor next month. Thank you. Mary K. Shell Mayor Bakersfield, California, December 19, 1984 - Page 5 CONSENT CALENDAR Allowance of Claim Nos. 3050 to 3285, inclusive, in the amount of $1,044,432.73. Claim for Damages from Kern County Transporta- tion dba Kare Driver, David Burton, 1409 Washing- ton Street, BakersfieId. (Refer to City Attorney) Claim for Damages from Melanie Campos, 512 Melissa Court, Bakersfield. (Refer to City Attorney) Claim for Damages from Dennis E. Walkwitz, 804 Louise Street, Santa Ana, California. (Refer to City Attorney) Map of Tract No. 4578, Unit "B", and Improve- ment Agreement with A-M Company, for construc- tion of improvements therein, located east of Miramonte Drive approximately one half mile south of State Highway 178 within the Rio Bravo Golf Club Area. Request from LaHacienda, Inc., for an Extension of Time to complete improvements along Route 178 easterly of Commanche Road, Agreement No. 82-2. The Public Works Department recommends a 12-month extension from January 5, 1985 to January 5, 1986. Program Supplement No. 22 to Local Agency State Master Agreement between the State of California and the City of Bakersfield for resurfacing Columbus Street from Auburn Street to Panorama Drive; and OsweI1 Street from State Route 178 to Columbus Street. Upon a motion by Councilman Rockoff, Items a, b, c, d, e, f and g of the Consent Calendar, were adopted by the following roll call vote: Ayes Councilmen Christensen, Dickerson, Moore, Ratty, Rockoff, Barton, Childs Noes None Absent: None NEW BUSINESS Adoption of Resolution No. 98-84 of the Council of the City of Bakers- field approving the formation and members and directors of the City of Bakersfield Public Facilities Corpora- tion, and approving the financing arrangements for bonds o[ said corp- oration, the base rental payment, and awarding the construction contract for the Wastewater Treatment Plant No. Bakersfield, California, December 19, 1984 - Page 6 This resolution approves bond bids opened December approves the final lease annual rental payment and awards the struction to the low bidder subject to delivery of the bonds. City Attorney Oberholzer advised the Council of the ing information to be inserted in the Resolution: Page 1 Bonds have been awarded to: E. F. Hutton and Company, Inc. Page 2 The Base Rental will be: $1,848,306 Page 2 The lowest responsible bidder on construction of Wastewater Treat- ment Plant No. 3 expansion is: DYN Construction Corporation. 18, 1984, con- follow- Page 3 The Base Rental Payment of: $1,848,306 is approved. Upon a motion by ~ouncilman Christensen, Resolution No. 98-84 of the Council of the City of Bakersfield approving the for- mation and members and directors of the City of Bakersfield Public Facilities Corporation, and approving the financing arrangements for bonds of said corporation, the base rental payment, and awarding the construction contract for the Wastewater Treatment Plant No. 3, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Dickerson, Moore, Ratty, Rockoff, Barton, Childs Noes None. Absent: None. Deferral of Oral Report by Finance Director regarding status of increase in sewer connection fees scheduled for January 1, 1985 implementation. City Manager Caravalho stated in light of the bond opening[ and the positive bid, staff is looking at the numbers in terms of the impact on the sewer connection fee and indications are the fee could possibly sustain the current level. Staff is not recommending a change at this time. At the Council Meeting on January 9, 1985, after sewer paid, the bond closlng, staff will recommend a fixed rate for the connection fee. If during that period connection fees are it will be recommended that a reimbursement be made. 264 Bakersfield, California, December 19, 1984 - Page 7 Works Manager Hawley stated the sewer April 1, 1984, was $475.00 and is now raise the fee to $850.00 on January 1, residence. to a question by Councilman Christensen, Public connection fee, effective $662.50. It is proposed to 1985, for a single family citizens Upon a motion by and Sons, in the amount of Bottles, was accepted. Upon a motion by Councilman Moore, bid of Rogers, accepted by the Council on December 5, 1984, eous Chemicals for Water Resources, was relieved; Chemical for one item in the amount of $3,811.76, Company, for one item, in the amount of $1,582.05, Councilman Christensen stated he was glad to have those figures available, as he has received telephone calls from several objecting to the increase. ACTION ON BIDS Councilman Barton, bid of L. N. Curtis $18,149.32, for Breathing Apparatus and Van Waters and for Miscellan- and bids of Target and Wilbur-Ellis were accepted. at DEFERRED BUSINESS Approval of Plans and Specifications for Traffic Signal System on California Avenue at Marella Way. This project consists of installing new traffic signals the intersection of Cali['ornia Avenue and Marella Way. The project is budgeted in the 1984-85 Fiscal Year. The Engineer's estimate for the construction project is $88,000. Upon a motion by Councilman Moore, Plans for Traffic Signal System on California Avenue and approved. and Specifications Marella Way were Approval of Communications System Agree- ment between the City of Bakersfield and Motorola Communications and Electronics, Inc., to construct and equip a Microwave System and its associate Multiplex System. This agreement will provide for a microwave radio system which will improve radio communicalions coverage for the City of Bakersfield, County of Kern and other participating governments. Bakersfield, California, December 19, 1984 - Page 8 2 '5 Upon a motion by Councilman Ratty, Communications System Agreement between the City of Bakersfield and Motorola Communications and Electronics, Inc., to construct and equip a Microwave System and its associate Multiplex System, was approved and the Mayor authorized to execute same. HEARINGS This is the time set for publlc hearing before the City Council regarding the financing of the acquisition, construction and equipping of a nursing home facility (California Convalescent Hospital Project), to be located at 2251 Mount Vernon Avenue, Bakers- field, California. This hearing has been duly advertised. The City acis as a conduit for the bond lssuance and does not incur any liability of its funds on the issuance. The Council previously adopted Resolution of Intention No. 43-84, approving this bond issue. Mayor Shell declared the hearing open for public participa- tion. 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. City Attorney Oberholzer stated there has been a change in the Resolution from $4,400,000 to $4,500,000. He further stated the Council should adopt this resolution on condition that the Bond Issue must be consummated by December 31, $6,000,000 annually for bond issue. goes into next year it could impact 1984. The City is allocated If this particular bond issue other programs the City might like the the to be involved in. There were no objections to this condition by Bond Counsel. There will be a $20,000 administrative fee paid to City for this bond issuance. Upon a motion by Councilman Rockoff, Resolution No. 99-84 of the Council of the City of Bakersfield authorizing the issuance and sale of Revenue Bonds (California Convalescent Hospital Project), Series 1984 in the principal amount of $4,500,000, and authorizing 266 Bakersfield, California, December 19, 1984 - Page 9 the execution of documents required in connection therewith, and authorizing the taking of all other actions necessary for the con- summation of the transactions contemplated by this resolution, upon condition that bond issue is consummated by December 31, 1984, was adopted by the following roll call vote: Ayes Councilmen Christensen, Dickerson, Moore, Ratty, Rockoff, Barton, Childs Noes None Absent: None This is the time set for public hearing before the City Council for the purpose of' hearing any person desiring to testify on the matter of the proposed adopt[on by the City Council of the Kern River Plan Element and proposed Negative Declaration to the Bakersfield Metropolitan Area General Plan. This hearing has been duly advertised and the property owners notified as required by law. Correspondence has been r~,ceived from the following regard- ing the Kern River Plan: Greater Bakersfield Chamber of Commerce 1000 Truxtun Avenue, Suite C Bakersfield Mrs. Marti Johnson 3108 Dartmouth Street Bakersfield Mr. Hugh Sill Mr. Mel McCo]loch Sill Properties, Inc. 6200 Lake Ming Road 3008 Sillect Avenue, Suite 100 Bakersfield Bakersfield Willie and Sharon Wile Wile's Boarding Stable 543~ Willow Drive Oildale Willard Collier 900 Paloma Bakersfield Joe Cantelmi 2533 Bay Street Bakersfield Sylvia Cantelmi 2533 Bay Street Bakersfield Tina Cantelmi 2601 Drake Street Bakersfield Sharon Vaughn Richard O'Neil 6600 Desmond Court Bakersfield Frank Cantelmi 2601 Drake Street Bakersfield Dan R. Walker 3023 Fordham Bakersfield Gene and Alberta Powell 1115 Castaic Oildale Bakersfield, California, December 19, 1984 - Page l0 Lisa Tinoco 1313 Lincoln Street, Oildale Jean Christensen 2533 Bay Street Bakersfield Apt. E Paul Rupp 108 W. McCord Avenue Oildale Mr. Kenneth Williams Ball, Hunt, Hart, Brown & Baerwitz Attorneys at Law P.O. Box 1287 Long Beach, CA 90801 Mrs. Dorothy L. Almklov Star Rt. 4, Box 332 Bakersfield Ruth B. Allen 1316 Radcliff Bakersfield Donna G. Yowell Allie Hiett 10047 Hiett Avenue Delano, CA 93215 Jack M. Zaninovich Marlin Brothers 1831 Terrace Place Delano, CA 93215 Cecil Dyar 1748 Kensington Delano, CA 93215 Nancy A. Sewell, President Bakersfield Board o[ Realtors P.O. Box 2306 Bakersfield. CA 93303-2306 R. M. Cooper 6009 Eugene Place Bakersfield R. J. Lewin Land Development Shell California Production P.O. Box 1164 Bakersfield Inc . Renee' L. Spasiano 2816 Ashe Road, Apt. Bakersfield C Lorene Rupp 108 W. McCord Avenue Oildale Tenneco Oil Exploration & & Production P.O. Box 9909 Bakersfield The Western Oil & Gas Associa- tion Stephanie Thiessen Kevin Stahl 6700-41 Nottingham Lane Bakersfield Susan Turner Eloise Chamberlin 2612 Noble Avenue Bakersfield Alice Davenport Toole 510 Holtby Road Bakersfield Michael K. Foster Harry Love 5805 Daggett Avenue Bakersfield Martha Wegis Foster W. Harland & Mary Kay 339 Cypress Street Bakersfield Roger E. Wilde 2517 Buena Vista Bakersfield Boyd Bakersfield, California, December 19, 1984 - Page ll Upon a motion by Councilman Barton, pondence regarding the Kern River Plan was received file: Kern Audubon Society P.O. Box 3581 Bakersfield the following corres- and placed on Ty Stillman 7108 Tioga Court Bakersfield Monte Harper 2408 Eric Way Bakersfield Soneimpondher (as submitted by Councilman Childs) The City Council adopted a policy for public testimony for proponents for opponents. highlights. Mayor Shell for one and one-half hour and one and one-half hour Staff will make a presentation on background and pation. The following people spoke in support of Proposed Kern River Plan Element. Mr. Richard O'Neil, 6600 Desmond Court, declared the bearing open for public partici- adoption of the representing the Kern River Bike Path Committee and Kern River Committee, stated the Kern River was the number one issue commented on by the public in the Year 2000 Kern County General Plan. The Plan does not create new access, bike or horse trails; it safeguards, for the public, the access and trails in existence. The Plan defines the contiguous corridor through Bakersfield, creating a balanced planning tool for development, management of open space and recreation. The Plan accommodates future growth of trails, as well as, businesses and open spaces. One of the most important tools within the Kern River Element is the protection of private property by definition of the River. Mr. O'Neil submitted a series of articles from Reader's View- point of The Bakersfield Californian regarding the Kern River and urged the Council to adopt the Kern River Plan. Bakersfield, California, December 19, 1984 - Page ]2 26,9 Ms. Donna Yowell, Kern River Riders, stated she has been following the development of the Kern River Plan for the past three years and there has been a lot of progress made. A lot of development has also taken place that has taken away a lot of the places where people used to ride. An important aspect of the Plan, is that it will protect the natural habitat along the river and provide a riparian corridor for flora and fauna. She urged the Council to adopt the Plan as it has been proposed and start implementation. Mr. Harry Love, Conservation Chairman of the Kern Kaweah Chapter of the Sierra Club, stated the Chapter has a total of 1,250 members and has been actively involved in the community regarding the Kern River for many years. They are here on behalf of a public resource, the Kern River. For those who have been in the community a number of years, you know the River is no longer what it once was and cannot be returned to that. The decision tonight, is whether we wish to preserve what we have. The River has limitations, which are addressed in the Plan. The Chapter believes the Plan respects both the public and private property rights and believes the fears expres;sed tonight will decrease as the Plan goes into effect. The Plan does need a forceful application to make it work. Mr. Roger Wilde, 2517 Buena Vista, referenced famous rivers all over the world and subsequent major clean-up efforts to return them to the showplaces they are today. Bakersfield is fortunate that the Kern River has not been damaged greatly and has a unique opportunity with the River running through the ¢'ommunity. It is time for the residents, with the Council leading the way, to open up and appreciate the river and open spaces which make Bakersfield a nicer place to live. It is also time to remember Bakersfield is a young City, with, hope- fully, a lot of growth ahead and the one thing that people will come to see is the Kern River. Ms. Irene Heath. representing the Board of Directors and Conservation Committee of the Kern Audubon Society~ stated the Audubon Society is imploring the Council to adopt the Kern River Plan. The 270 Bakersfield, California, December 19, 1984 - Page 13 Plan will offer local wildlife a lot more protection than they have had and residents and visitors a promise of a perpetual vista with recreational opportunities. She Cited two examples of destruction of Willow Trees and Brush along the Kern River and Lake Ming areas and indicated this type of activity would not have occurred if the Kern River Plan had been adopted. Specific provisions were cited in the proposed Plan that allow for the protection of wildlife habitat and scenic values, as follows: a Biologist to study all proposed development to identify areas that need protection; stress maintain- ing native vegetation; structures not be allowed that will hinder or obstruct movement or migration of wildlJfe; leash law would be required by the County, City and Kern County Water Agency as to feasibility of maintaining a minimal flow o£ water through the lower river; and water recharge programs which would also serve the purpose of enhancing our riparian habitat. The greatest good for the great- est number of people will be the consequences of the Council adopt- ing the proposed Kern River Plan. Doctor Arthur Unger, 2924 Sunset Avenue, stated the City Council and County Board of Supervisors have an opportunity to pro- vide a small amount of land with a taste of wildlife for the future when it will become even more precious. The laudable goals of the original Plan have been diluted and public access severely limited. Furthermore. unless we retreat further, we still have a chance to make the urban landscape less harsh. We hope for the year-round water flow to provide a place for fishing, riber habitat; and possible reintroduction of plant and animal species that have currently vanished from this area. Mr. W. C. Asserson, W~ldlife Biologist in Kern County with the California Department of Fish and Game, stated his depart- ment has had the opportunity to comment on this Plan from the beginning through the State Clearinghouse to the City and County Planning Departments. He has been at previous meetings with the County Planning Department and addressed this issue and can support the Bakersfield, California, December 19, 1984 - Page 14 271 the past rance of the need to preserve it for future thirty years, there is a history of Kern River. The Kern River Plan is for the community and Kern River. Negative Declaration. He complimented the people who have spoken prior to him and indicated they made some valid points for the Council to consider. The Department of Fish and Game's primary business is wildlife management on behalf of the people of the State of California. The Council is confronted with a riparian system, which is a type of habitat that has dwindled drastically over the past half century, from what used to be millions of acres to just a few hundred thousand acres throughout the state. This is the most southern riparian system in the state. The City holds title to a piece of it extending from Buena Vista Avenue out to Ennos Lane. In the realm of habitat types, this is the most valuable system, as it supports the greatest number of wildlife to be had in any particular locale. He requested Council's consideration for the adoption of the Kern River Plan. Mr. Tom Fallgarter, Attorney at Law, 1430 Truxtun Avenue, presented the Council with a copy of 4,000 signatures collected by the Kern Coalition last September and October in support of the Kern River Plan. Since settlement of Kern County in the 1860's, the Kern River has been the economic, geographic and recreational focus of this community. As the community has grown, and ~n particular during few years, there has been a growing awareness of the impor-- the Kern River, the precious resource that it represents and generations. During the past concerns about planning for the a beginning for a glorious future Mayor Shell advised people attending the hearing that Council will hear take no action tonight regarding the proposed Kern River Plan Staff will prepare a report to be presented to the Council at date. The following persons spoke in opposition to the adoption of the Proposed Kern River Plan Element. the testimony and receive all correspondence, but will Element. a later Bakersfield, California, December 19, 1984 - Page 15 James T. McCutcheon, Secretary to Western Oil and Gas Association Production Ordinance Commiftee, stated this Committee works with these types of land use problems throughout the seven western states. Several Western Oil and Gas Association member companies own and/or operate facilities on land in and adjacent to the Kern River Plan area and have actively participated in the work- shops and hearings held to date on the Kern River Plan Element. He commended the City and County Staffs for the significant effort and dedication that was required to prepare, review and revise this Plan. He particularly supports the Joint Committee's reaffirmation that oil well drilling is compatible with the primary and secondary floodways and cited Policy 3.6.3.5. There is concern with the potential for accidents and/or vandalism associated with increased public access to oilfield areas. Proposed bike, hiking or horse irails, which transect existing oill'ields, may limit operator access, and wilI require additional security patrols to protect against vandalism and accidents in potentially hazardous areas. The Plan does not address this issue. He submitted a list of changes and suggestions which the Association feels are necessary to eliminate certain ambiguities and eliminate certain inconsistencies between stated goals and policies for petroleum extraction and other goals and policies of the Plan; and felt lhat if the changes were made to the Kern River Plan Element, it would be more workable and viable. Steven E. Wall, Attorney representing Chevron U.S.A., Incorporated, stated Chevron is not opposed to the Kern River Plan Element. However, Chevron does fee] the Plan, in its' present form, could severely damage their produclion operations in the Kern River Oil Field, which could cause severe decreases in production, employ- ment and tax revenues. He described several locations and the history of Chevron Oilfield operations located in the Kern River Plan area. He quoted Chapter 3.6.2., the Goal of the Plan, as it pertains to mineral and petroleum uses and stated there are significant ambiguities in the language of the Plan and serious inconsistencies between various Bakersfield, California, December 19, 1984 - Page 16 provisions of the Plan, which conflict wi~h said goal. These incon- sistencies and ambiguities could prevent petroleum operations from occurring in portions of the Plan Area. A list of the most serious inconsistencies and ambiguities have been provided to the Council by Western Oil and Gas Exploration Association. Chevron requests the Council study those areas. Chevron believes that the Plan must be modified or clarified, as requested by Western Oil and Gas Explora- tion, to make certain that oil and gas operations, presently being conducted within the Plan area, shall be allowed to continue; that new operations within the existing oilfield shall be permitted, subject to reasonable regulations of those lands in the floodway; and, that exploratory and other oil and gas operations in the remaining areas be allowed, subject to reasonable regulations. Mr. William A. Anderson, Attorney and property owner, sta~:ed he is a co-owner with Harry C. Ellingston and Robert L. Knight of a parcel consisting of nine acres in the Kern River, located in the County joined by City property on both sides, immediately downstream of the Coffee Road Bridge. He stated that after two years of effort with the State Board of Reclamation, approval has been granted to modify the flood line on his property. The property is presently shown on the Kern River Plan as being entirely within the Flood Hazard Zone. There is no fauna or flora on his property and only once every four years does it have water. The Plan will not assist him as a property owner. He has worked diligently to develop uses for the property, but each time he has come close to developing the property, a new program comes through from a governmental agency. If the Plan is adopted, his property moves from a Flood Hazard Zone to a Resource Zone. He reminded the Council there is a upper river with water year- round, that is beautiful, but his property, on the other hand, is on the lower part of the river where there is seldom any water, and no flauna or flora. He ~oes not believe there is a need for an additional plan for his portion of the river and believes the City should develop a Plan for the property along the river that the City owns. The 274 Bakersfield, California, December 19, 1984 - Page 17 alternative to this suggestion is that the City and County join together and purchase private property along the river. He feels there is now a Plan developed to allow other people to use his property without compensation to him, and requested the Council limit the Plan to the public property own in existence. Ms. Cindy Moore, Chairman of the Local Governmental Relations Committee of the Bakersfield Board of Realtors, stated the Board of Realtors is opposed to adoption of the Proposed Kern River Land Use Plan in its' present form. It is felt the Plan is written in such a manner that the rights and benefits, guaranteed for the public's use, will be acquired by restrictions and the taking of rights and benefits of private property owners. Realtors have no objections to a plan for the use of public lands. If the Plan had a clear expression that the City and County would acquire property through eminent domain, the Realtors would not find it necessary to object to that method. However, while the Plan does not preclude that Eminent Domain would be one of the methods, the overwhelming intent shown throughout the Plan is to acquire as much as possible through the use of police powers. The Plan calls for an arbitrary down zon-- ing of private lands within the Plan area. It is felt down zoning, and other restrictions of zoning, would adversly affect the value of the privately owned property within the Plan and will most certainly affect the opportunity for sale or development. Detailed comments have been submitted by the Board of Realtors and any consideration, by the Council, of those comments would be deeply appreciated. The Board of Realtors requested that the Council not approve the Kern River Land Use Element Plan as an Environmental and Economical Impact Report is needed to determine what obligations, financial or other- wise, the adoption of this Plan will bring to the City. Mr. John B. Gillerr, Jr., Webster Sand, Incorporation, stated Webster Sand is 'a small family business operating on the Kern River for the past thirty-five years. The Plan acknowledges the benefits of removal of sand and gravel from the Kern River Channel Bakersfield, California, December 19, 1984 - Page 18 275 and he commends those people who prepared the Plan for recognizing those benefits to the overall community. There is a specific concern over one proposal in the plan for a bike and hiking path to run right through his production facility. This facility is a small area, approximately 200 yards wide located between the Kern River and BeardsIcy Canal. It is inconceivable that a path can be built through the area without two major problems; (1 disruptdon of production, stockpiling and loading of sand and gravel and (2) it will cause a serious accident potential due to the close proximity of heavy equipment along with hikers and bikers. This area is entirely too small to be con- sidered for recreational use and it is recommended that these types of recreational areas be considered only where the public safety can be more reasonably assured without disrupting existing businesses. Mr. George G. Austin, Division Land Consultant, Tenneco Oil Exploration and Production, stated Tenneco Oil would prefer to be on the proponents side of the Kern R~ver Plan, and would be, if it were not for some inconsistencies in the Plan as outlined in Western 0~1 and Gas Associations Addendum. Tenneco is committed to working with both the City and County to attain the goals set forth in Section 3.6.2. Towards the attainment of those goals, Tenneco Oil supports the comments and suggested changes to the Plan made by Weslern Oil and Gas Association. To ensure that new petroleum reserves can be developed in the future within the Plan area, Tenneco Oil supports the policy established in Section 3.6.3.5 and recommends that regula- tions be adopted to govern oil and gas production activities within the primary and secondary floodplains of the Kern River Plan area be modeled after the drilling conditions presently set forth in the Bakersfield Municipal Code Title 17, Chapters 17.42 and 17.44. Mr. Roland Lewin, Shell California Production Incorporated, stated Shell strongly supports the statement currently being submitted by the lYestern Oil and Gas the Plan and proposals for would also like to propose parcel of land, Association regarding inconsistencies in resolving those inconsistencies. Shell changing the land use designation on one which Shell owns a leasehold mineral interest, from 276 Bakersfield, California, December ]9, 1984 - Page 19 3.½.5 Public and Private Recreation Area, to 8.4.2.5 Mineral and Petroleum. This 2.5 acre parcel lies within the perimeter of the Kern River Field and is part of a mineral leasehold on which there is existing production. Shell has near-term plans of additional drilling on this parcel where it is believed there is substantial oil reserves. He further requested the Council consider the proposed changes made by Western Oil and Gas Association and Shell California Production Incorporated. With the adoption of those changes, the Plan could be supported. In answer to a question by Councilman Dickerson, Mr. James McCutcheon, Western Oil and Gas Association, stated his Association was not opposed to the Plan, per se, if the proposed changes are con- sidered favorably by the Council. These changes are felt to be necessary for the continued production and exploration of natural resources, which is necessary for the economy of the area, as well as, the balance of trade for national energy. In answer to a question by Mayor Shell, Mr. James McCutcheon stated the County Board of Supervisors approved the Plan with an intent to favor the exploration of petroleum, however, within the Plan there are ambiguities that need to be cleared up. Those ambigu- ities that need to be clearedup. Those ambiguities are outlined in the report submitted by Western Oi2 and Gas Association. Mr. Tim Gannon, Gannon Enterprises and property owner, stated he would like to request the follow-through, on the part of the County, that they wish to protect the rights of the private property onwers. The Plan is necessary, but inequitable and should not be adopted in its' present form. His complaint, and the same complaint that has been made throughout the process for considering this Plan, is that, there developing this much land, the regulations should be is no Environmental Impact Report. When with these rules, the entire affect of delved inlo. Without an EIR there is inadequate information to make a judgement. One area of concern is the conversion of private property to public use without adequate compensation, which is an unreasonable burden to place on people who Bakersfield, California, December 19, 1984 - Page 20 277 have purchased their property. The trails proposed have not been adequately thought out. If private property is going to be taken without compensation, at least protect the remaining rights and protect the property owners from incursion and intrusion that will be the result. He requested that the Council insert into the area of 5.3.A.1. the following: "A provision shall be made for creation of revocable offers to dedicate those bicycle path, pedestrian ways and equestrian trails as are deemed appropriate to serve the purpose of the Kern River Plan, prior to approval of any tentative subdivision map for the land adjoining the Kern River. The location of bicycle path, pedestrian and equestrian trails shall take care to safeguard private property against the likelihood of trespass and shall employ reasonable means to avoid such trespass." In other words, the private property owners will give the dedication, but, the Council shall provide a plan through public hearings, in which the private property owner shall be safeguarded. "The irrevocable offer to dedicate shall terminate if not accepted by the Ciiy or County, whichever is appropriate, within 2] years." This will remain in effect, the eas~.ments will be available for the taking, until such time as the City comes up with a Plan which will, (a) show how the property is to be developed, how the trails will be completed, and what kind of fencing, barriers, etc. will be required; and, (b) The Plan shall also include how this is to be [unded. main- rained, financed and policed. It is obvious the drafters of this Plan did not wish to get into these details, however, did wish to take the private property. He wished to make certain that the develop- ment, maintenance and policing of these trails does not become a burden on the owners of the property. It would be almost unconscion- able that the land could be taken and then property owners required to pay for its development, maintenance and policing. To this end, he requested the City insert a statement, "that in no way these trails will become an undue burden upon the property owners within the Kern River Area Plan." If there is going to be a tax or formation of a special assessment district, be sure it covers the whole population and not just those who live there. 278 Bakersfield, California, December 19, 1984 - Page 21 No further protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion o£ the hearing for Council deliberation and action. There w~11 be a staff report and recommendation back to the Council at a later date. Upon a motion by Councilman Barton, all written material used to make presentations or that was presented to the Council including that from Rich O'Neil, Chevron U.S.A., Western Gas and Oil Exploration, Mr. Anderson, Shell Oil, Kern Audubon Society and Tim Gannon was received and placed on NEW BUSINESS First reading of an Ordinance of the City of Bakersfield amending Section 3.16.050 of the Bakersfield Municipal Code regarding the use of unclaimed bicycles or toys in the possession of the Chief of Police. This ordinance would allow the Chief of Police to distrib- ute unclaimed bicycles or toys to various governmental programs benefiting the public health, safety and welfare. First reading was considered g~ven an Ordinance of the City of Bakersfield amending Section 3.16.050 of the Bakersfield Municipal Code regarding the use of unclaimed bicycles or toys in the possession of the Chief of Police. Approval of Agreement for transpor- tation of water, exchange of water and system capacity and for assign- ment of capacity by and between North Kern Storage District and Cawelo Water District. Since this long-term exchange agreement between North Kern Water Storage District and Cawelo Water District involves the use of the BeardsIcy Canal, City Basic Contract Water and River Water, it will require City approval before the agreement can be implemented. This exchange agreement was recommended for adoption by the City Water Board on December 12, ]984. Upon a motion by Councilman Moore, Agreement for transporta- tion of water, exchange of water and system capacity and for assign- ment of capacity by and between North Kern Storage District and Cawelo Water District, was approved and the Mayor authorized to execute same. Bakersfield, California, December 19, 1984 - Page 22 279 Approval of Agreement for Sale of Non-Kern River Water to Cawelo Water District. This agreement between City of Bakersfield and Cawelo Water District would allow Cawelo to purchase City's Non-Kern River Water (oilfield discharge water) after City has met water demands within City system. This agreement is for a five-year period, March 1, 1985, through February 28, 1989. The price for the water will be set by the City from year-to-year, based on then existing conditions and water supplies. This agreement was recommended for adoption by the City Water Board on December 12, 1984. Upon a motion by Councilman Christensen, Agreement for Sale of Non-Kern River Water to Cawelo Water District, was approved and the Mayor authorized to execute same. Adoption of Resolution No. 100-84 of the Council of the City of Bakersfield deleting a Council Meeting in the month of January, 1985. This resolution cancels the meeting of January 23, 1985. Upon a motion by Councilman Childs, Resolution No. 100-84 of the Council of the City of Bakersfield deleting a Council Meeting in the month of January, 1985, was adopted by the following roll call vote Ayes Councilmen Christensen, Dickerson, Barton, Childs Moore, Ratty, Rockoff, Noes None Absent: None After some discussion, the Council set January 4, 1985, at 12:00 Noon for a continuation of the Workshop Session regarding the City of Bakersfield Preliminary Budget. Adoption of Resolution No. 101-84 of the Council of the City of Bakersfield authorizing the Public Works Manager to sign an application by the City of Bakers- field to the Public Utilities Commission of the State of California for an order authorizing construction of the separation structure under the main line track of the Atchison, Topeka and Santa Fe Railway on "H" Street. 28O Bakersfield, California, December 19, 1984 - Page 23 Prior to negotiation of the railroad agreement for con- struction of the "H" Street Underpass Project, it is necessary for the City to file a formal application with the Public Utilifies Commission. The application, along with this resolution and sub- stantiating documentation, must be submitted to CALTRANS by April 1, 1985. In order that the Railway Company may have ample time to process the agreement, the Public Works Department recommends that this resolution be adopted without delay. Upon a motion by Councilman Christensen, Resolution No. 101-84 of the Council of the City oF Bakersfield authorizing the Public Works Manager to sign an application by the City of Bakers- field to the Public Utilities Commission of the State of California for an order authorizing construction of the separation structure under the main line track of the Atchison, Topeka and Santa Fe Rail-- way on "H" Street, was adopted by the following roll call vote: Ayes Councilmen Christensen, Dickerson, Moore, Ratty, Rockoff, Barton, Childs Noes None Absent: None In answer to a question by Councilman Dickerson, regardin~: Council action at the meeting of December 12, 1984, to table the issue of sending letters to some prisoners, City Attorney Oberholzer stated that Masons Rules require th~ Council to table a motion to a time certain. Councilman Batty made a motion to bring back to the Council floor for further consideration the issue of sending letters to prisoners. This motion was unanimously approved. Councilman Batty made a substitute motion to drop the idea of sending a letter of thanks to the prisoners. In answer to a question by Councilman Moore, Police Chief Price stated the prisoners are assigned to the work, fhey do not volunteer. If the Council wishes to send a commendation, he suggested a letter be sent to Sheriff Kleier for authorizing the City to use this labor. It would be improper to send commendations to prisoners for working off their time. Bakersfield, Cali['ornia, December 19, 1984 - Page 24 281 Councilman Childs stated he is concerned that the Council has wasted time on two separate occasions on this issue and would like to see the issue dropped. Councilman Dickerson stated it is his feeling that dropping the idea of sending the prisoners a letter is probably a wise thing to do. He would like to see the Council encourage this type of program as it is a cost affectire program. He brought up the issue because he was concerned about the proper action regarding tabling a motion. Councilman Ratty's substitute motion to drop the idea of sending a letter of titanks to the prisoners was unanimously approved. Councilman Rockoff made a motion to send a letter to Sheriff Kleier thanking him for allowing prisoners to come into the City and participate in clean-up programs. This motion was adopted by the following roll call vote: Councilmen Christensen, Ayes Noes Absent: recessed at Councilmen Moore, None Ratty, RECESS Dickerson, Rockoff, Barton Childs Upon a motion by Councilman Christensen, the meeting was 10:08 P.M., until Friday, January 4, 1985, at 12:00 Noon. MAYOR of the City of Bakersfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California CW