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HomeMy WebLinkAbout09/19/1990 MINUTES CCBakersfield, California, September 19, 1990 Minutes of the Workshop of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., September 19, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Smith, Brunni at 5:17), McDermott, Salvaggio at 5:18) Absent: Councilmember Peterson (seated (seated WORKSHOP AMBULANCE RATES Mr. Fred Drew, Emergency Medical Services Director for Kern County, provided a briefing of the Kern County Ambulance Ordinance and explained the application process for permits, permit fees, service and performance requirements, ambulance rates, investigating complaints, appeal procedures and insurance requirements. Council, ADJOURNMENT There being no further business to come before Mayor Medders adjourned the Workshop at 5:57 p.m. ~L~_ ~ of Bakersfield, ~OR of the citY' the CA ATTEST: C~¥ C~ a~d ~x Officio Cler~ of t~e Council of the City of Bakersfield, CA kdsc 166 Bakersfield, California, September 19, 1990 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., September 19, 1990. The meeting was called to order by Mayor Medders, followed by the Invocation by Reverend Pete Baker, First Assembly of God Church, and the Pledge of Allegiance. Assistant City Clerk Gafford called the roll as follows: Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Absent: None Calendar: The Do CONSENT CALENDAR following items were listed on the Approval of Warrant Nos. inclusive, in the $1,794,528.70. 1087 to 1667, amount of Minutes of the Special Meeting of August 9-11, 1990; Workshop, Closed Session and Regular Meeting of August 22, 1990; and Workshop and Regular Meeting of September 5, 1990, for approval. Communications: Communication from Nancy Burciaga, Chair, Fair Housing Advisory Committee, 1102 South Robinson Street, dated August 28, 1990, submitting the 1989-90 Annual Evaluation Report on the Fair Housing Program and expressing their appreciation for the continued support. (RECEIVE AND PLACE ON FILE) e Communication from Richard O. Hayes, 1118 Centennial Road, Fort Collins, Colorado, dated August 18, 1990, requesting annexation of the property located at the intersection of Oakhaven Street and Brookdale Avenue, south of ()live Drive and east of Fruitvale Avenue. (RECEIVE AND REFER TO PLANNING COMMISSION) Consent Bakersfield, California, September 19, 1990 - Page 2 Communication from K. Ken Shakoori, Cyrus Holding Company, 7900 Camino Media, dated August 28, 1990, requesting annexation of property located south of Panama Lane on Stine Road. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from Phil Niederauer, Chairman, Entry Sign Committee, 1821 Camino Primavera , dated September 10, 1990, regarding the "Entry Sign" program for the City of Bakersfield. (RECEIVE AND REFER TO ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT) REMOVED FOR SEPARATE CONSIDERATION. Communication from City Manager Dale Hawley, 1501 Truxtun Avenue, dated September 12, 1990, transmitting Board of Supervisors' Minutes of September 4, 1990, regarding property tax administration charges and implementation of jail booking charge. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) Steering Committee, 1501 Truxtun Avenue, dated August 28, 1990, transmitting the Draft MBHCP and associated environmental documents to Council for consideration. (RECEIVE AND REFER TO PLANNING COMMISSION) Dedication of Properties: Deed No. 3249, Irrevocable Offer of Dedication from DSL/Griffith II for a portion of Marriott Drive between Gibson Street and Camino Del Rio Court. 168 Bakersfield, California, September 19, 1990 - Page 3 fe he Quitclaim Deed No. 3250 to DSL/Griffith II for a portion of Marriott Drive between Gibson Street and Camino Del Rio Court. e Street Right of Way Deed No. 3251 from Bel-Air Corporation for additional right of way at the southeast and southwest corners of Hughes Lane and Brundage Lane. Street Right of Way Deed No. 3252 from George Machado for additional right of way along the north half of Panama Lane, west of Castlepoint Street. Notices of Completion and Acceptance of Work for the following: Tract NOe 4840, Unit 1, located at the intersection of Fairfax Road and Highland Knolls Drive, Contract No. 87-117, completed August 24, 1990. 2e Construction of curb and gutter on Tulare, Inyo, Alta Vista, Kern Street and Currans Lane, Contract No. 90-154, completed August 29, 1990. Median modifications on California Avenue, Truxtun Avenue, White Lane and Ming Avenue, Contract No. 90-142, completed August 30, 1990. Approval of Plans and Specifications for the Garces Circle Landscape Irrigation System. Airport Grant Amendment to accept $34,346.37 in additional Federal Grant Funds. Approval of the Fiscal Year 1989-90 Grantee Performance Report (GPR) and the Submission to the U.S. Department of Housing and Urban Development (HUD). Annual Performance Report for the Rental Rehabilitation Program. Bakersfield, California, September 19, 1990 - Page 4 j. Response to 1 989-90 Grand Jury findings and recommendations. Authorization for medical leave of absence without pay beyond thirty (30) calendar days. Transfer $5,000 from Council Contingency Account to the Council Operating Budget (Community Promotions) within the General Fund for All-America City Promotional Items. Confirm appointments made by the Board of Supervisors to the Fair Housing Advisory Committee. Upon a motion by Councilmember Peterson, Item c. 5. of the Consent Calendar was removed for separate consideration. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, h, i, j, k, l, and m, of the Consent Calendar, with the corrections to the Minutes, and the removal of Item c.5., were adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Co 5o Communication from Kate Rosenlieb, Chairperson, City Planning Commission, 1501Truxtun Avenue, dated September 12, 1990, regarding acquisition of the right-of-way for all freeway alignments as depicted on the Circulation Element of the 2010 Plan. (RECEIVE AND REFER TO URBAN DEVELOPMENT COMMITTEE) Upon a motion by Councilmember Peterson, Councilmember McDermott was appointed to the working committee regarding acquisition of the right-of-way for all freeway alignments as depicted on the Circulation Element of the 2010 Plan, by the following roll call vote: Ayes: Councilmembers Edwards, De Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Mr. Gerald Crew, 4607 Bloomquist courts at Beach Park, PUBLIC STATEMENTS Patterson, representing Bakersfield Shoe Drive, requested 11 additional horseshoe to be built with private funds. 170 Bakersfield, California, September 19, 1990 - Page 5 Upon a motion by Councilmember Brunni, the matter of additional horseshoe courts at Beach Park was referred to the Citizens Park and Recreation Committee. Mr. Harold Figard, California Association of Physically Handicapped, 632 Monticello, spoke regarding denial of handicapped rights in the City of Bakersfield Councilmember McDermott made a motion to refer Mr. Figard and the memorandum from the Building Director to the Handicapped Access Appeals Board. Councilmember Salvaggio requested the City Clerk mail a copy of the memorandum from the Building Director to Mr. Figard, and make sure that Building Director, Cal Bidwell, and the Handicapped Access Appeals Board receive the correspondence from Mr. Figard. Councilmember Edwards asked that there be a report back to Council from the Handicapped Access Appeals Board within twenty-eight days so that the Council will know what has happened in regard to Mr. Figard's request. Ms. Zahidi Neale, 9413 Greenhaven Court, spoke on behalf of Ms. Christine Wilson, 217 "H" Street, in opposition to the proposed Massage Therapy Ordinance. Mr. Brian Parks, 3319 Crest Drive, spoke in opposition to the Massage Therapy Ordinance. Mr. Sam Jenkins, 3850 "Q" Street, spoke in opposition to the Massage Establishment Ordinance. Mr. Gene Tackett, 2927 19th Street, representing 3-M National and Martin Outdoor Advertising, spoke regarding the Urban Development Committee Report concerning Outdoor Advertising Signs and requested that the second reading be postponed to October 17, 1990, so that they will have time to review the Report. Ms. Angela Bultman, 1921 Harper Avenue, spoke regarding handicapped rights in the City of Bakersfield. Mr. Jerry Reichenbaugh, 9604 Tumwater Avenue, spoke regarding the Ordinance relating to public access to toilets. Mr. Glenn Burroughs, 1811 20th Street, spoke regarding public access to toilets. Mr. Bob Hurst, 223 Flower, spoke in opposition to the Municipal Code relating to massage establishment. Mr. John Neale, 9413 Greenhaven Court, spoke regarding the Municipal Code relating to massage establishments. Mr. Ray Varela, 4604 Fishering Drive, spoke in opposition to the Massage Ordinance proposal. Ms. Alla Mia, Shiatsu Massage Therapy, 1215 Olive Drive, #B, spoke in opposition to the Massage Ordinance, and provided supporting materials to the Mayor and the Council. 171 Bakersfield, California, September 19, 1990 - Page 6 Mr. Fred McKenna, 6505B South Half Moon, spoke regarding affordable housing in downtown. Reverend Ralph Anthony, 3201 Timothy Street, spoke regarding reprogramming Community Development Block Grant Funds and requested that the City use the $525,000 in the Lakeview area. Mr. Marvin Dean, P. O. Box 2506, spoke regarding reprogramming Community Development Block Grant Funds. Mr. Oscar Anthony, 401 South "N" Street, spoke regarding reprogramming Community Development Block Grant Funds. Mr. Art Powell, 1218 Gorrill, spoke in opposition to reprogramming Community Development Block Grant Funds. regarding Funds. Reverend E. McGee, 1227 East 19th Street, spoke reprogramming Community Development Block Grant Reverend Williams spoke regarding reprogramming Community Development Block Grant Funds. Reverend James Edwin Jackson, 1216 Ralston, spoke regarding Enterprise Zone Funds. Ms. Adrienne Herd, 525 Roberts Lane, speaking on behalf of the Housing Authority of the County of Kern, spoke in support of the staff recommendation to appropriate funding for the First-Time Homebuyer Down Payment Assistance Program. Mr. Bruce Keith, 6104 Preston, spoke regarding the acquisition and renovation of the Fox Theatre and submitted a petition with 1,829 signatures in support of the acquisition and restoration of the Fox Theatre. Mr. Jim Darling, 1626 19th Street, spoke regarding the Fox Theatre 1930-1990 celebration and presented T-shirts to the Mayor and the Council. Councilmember DeMond asked staff to meet with Mr. Glenn Burroughs regarding the problem of waste in the alleys and the lack of public toilets. Councilmember DeMond stated she is in support of the renovation of the Fox Theatre. Public Statements are continued on Page 11. HEARINGS This is the time set for continued public hearing before the Council of the City of Bakersfield on the appeal by Virginia Casteen, et al., of Condition No. 2 of Planning Commission Resolution 12-90 approving the zone change from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone on that certain property in the City of Bakersfield located at 3535 Bernard Street. This hearing was continued from the Council meetings of June 27 and July 25, 1990. 172 Bakersfield, California, September 19, 1990 - Page 7 Communication has been received from Frank A. Slinkard, Civil Engineering, Land Surveying, 2003 20th Street, dated September 10, 1990, requesting continuance of this hearing to a later date. Communication has been received from Virginia Casteen, dated September 14, 1990, requesting an extension of an additional ninety days until December 19, 1990. Upon a motion by Councilmember Smith, the continuance of the hearing to December 19, 1990, was granted, and this will be the last continuance that will be granted. Councilmember McDermott voted no. Councilmember Edwards made a motion to move Deferred Business Item 9. g. forward. Upon a substitute motion by Councilmember Salvaggio, Deferred Business Item 9. d., an Ordinance of the Council of the City of Bakersfield amending Chapter 5.32 of the Bakersfield Municipal Code relating to Massage Establishments, and Deferred Business Item 9. g. , Amendment No. 1 to the Community Development Block Grant (CDBG) Application for Fiscal Year 1990-91, were moved forward to be heard at this time. Adoption of Ordinance 3314 of the Council of the City of Bakersfield amending Chapter 5.32 of the Bakersfield Municipal Code relating to Massage Establishments. This Ordinance was given first reading at the meeting of September 5, 1990, with Budget and Finance Committee Report No. 12-90. Communication has been received from Brian Parks, Certified Massage Therapist, 3700-11 Easton Drive, dated September 12, 1990, in opposition to the Massage Establishment Ordinance. Councilmember Brunni made Therapy Ordinance be referred back input from the public. a motion that the Massage to Committee to receive Councilmember McDermott made a substitute motion to adopt Ordinance No. 3314 of the Council of the City of Bakersfield, with the deletion of Paragraphs B.3 and C.3., and refer to Committee this Ordinance for further study and receive input from citizens. Councilmember Brunni made a substitute motion to refer the Ordinance back to staff for input from professionals, evaluate the information and make a recommendation to the Council of the complete Ordinance. The substitute motion by Councilmember Brunni failed by the following roll call vote: Ayes: Councilmembers Edwards, Brunni, Salvaggio Noes: Councilmembers Peterson, DeMond, Smith, McDermott Abstain: None Absent: None 173 Bakersfield, California, September 19, 1990 Page 8 The substitute motion by Councilmember McDermott, to adopt Ordinance No. 3314 of the Council of the City of Bakersfield, with the deletion of Paragraphs B.3 and C.3., and refer to Committee this Ordinance for further study and take input from citizens, was approved by the following roll call vote: Ayes: Councilmembers DeMond, Smith, Brunni, McDermott Noes: Councilmembers Edwards, Salvaggio Abstain: None Absent: None Peterson, Amendment No. 1 to the Develol~nent Block Grant (CDBG) for Fiscal Year 1990-91. Community Appl icat ion Councilmember Edwards made a motion that the recommendations from the Budget and Finance Committee be postponed for an indefinite period to allow participation by community members. Councilmember Edwards stated he feels that the Ward 1 Councilmember did not receive the opportunity to discuss the use of the CDBG Funds until after the fact. When the Ward 1 Councilmember was apprised of the fact that there was $525,000 it had already been determined how it would be used. Councilmember McDermott made a substitute motion to approve the amendment, authorize the transfer of CDBG Funds to the appropriate line item accounts within the Community Development Program Budget, and direct the Department to submit the amendment to the Federal Housing and Urban Development Department. Councilmember McDermott read into the record the following memorandum: On Monday, September 17, 1990, staff met with the Budget and Finance Committee to discuss the proposed CDBG amendments. After a brief discussion, the Committee invited a number of community residents to express their concerns relative to this matter. After considerable amount of dialogue, the Committee discussed certain modifications to the proposed amendments and also addressed a list of projects that the community residents presented for consideration. The modifications are as follows: In regards to the Housing Development Program, references to the Central City area will be stricken. This should enable projects outside the Central City area to be considered for funding; 174 Bakersfield, California, September 19, 1990 - Page 9 Staff is to initiate a second amendment which would reprogram funds previously identified for loans for for-profit businesses. The reprogramming of funds would make available approximately $84,000 for the physical expansion of a child care facility located at 4th and "M" Streets. This is one of the projects that was identified for consideration by the community residents. In regards to the balance of projects submitted for consideration, the Committee encouraged staff and community residents to commence assembling the information necessary to be considered for CDBG funding for the Fiscal Year 1991-92. In closing, the Committee extended its appreciation to the community residents for their input, and observation was made by the Committee that the dialogue had been helpful and demonstrated the need for citizen participation in shaping the funding determination for the Community Development Block Grant. The Committee expresses desire that the community residents participate in the meeting and continue to provide their input in addition to encouraging others from throughout the community to become more involved. Councilmember DeMond made a substitute motion that the matter be continued for twenty-eight days and that would be a finalized date that the Council hear nothing rhetorical, and that any input be new input with substantiated projects, nonoperating projects. The substitute motion was approved. Upon a motion by Councilmember Brunni, Council recessed at 9:32 p.m. and reconvened at 9:42 p.m. Upon a motion by Councilmember Brunni, New Business Item 10. p., a Resolution of the Council of the City of Bakersfield naming the neighborhood park, south of Stockdale Highway and west of Jenkins Road, "Bill Park Greens," was moved forward to be heard at this time. Adoption of Resolution No. 125-90 of the Council of the City of Bakersfield naming the neighborhood park, south of Stockdale Highway and west of Jenkins Road, "Hill Park Greens." Bakersfield, California, September 19, 1990 - Page 10 Councilmember Brunni read into the record Resolution No. 125-90 of the Council of the City of Bakersfield, with the deletion of paragraph 5, as follows: A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD NAMING THE NEIGHBORHOOD PARK SOUTH OF STOCKDALE HIGHWAY AND WEST OF JENKINS ROAD "BILL PARK GREENS." WHEREAS, a neighborhood park south of Stockdale Highway and west of Jenkins Road has recently been construction; and WHEREAS, the Council wishes to adopt a name for the park; and WHEREAS, WILLIAM H. "BILL" PARK served this community as a City Councilmember from 1965-1967; and WHEREAS, Bill and his wife, Myrt, have inspired countless young people to become politically aware by hands-on involvement by organizing and energizing several grass-roots volunteer organizations locally; and WHEREAS, Bill Park was known affectionately as "Mr. Republican" in Kern County for many years in recognition of his tireless efforts organizing people and making volunteerism an effective force in this County; and WHEREAS, Bill Park also served the community by actively participating in various Masonic groups, Junior Achievement, National Society for Autistic Children, and several petroleum-related professional boards; and WHEREAS, the late Bill Park was a great community servant who will be missed among us; and WHEREAS, the City Council wishes to honor the contributions of former Councilmember Park by naming this park after him. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The recently completed park south of Stockdale Highway and west of Jenkins Road shall be named "Bill Park Greens." 176 Bakersfield, California, September 19, 1990 - Page 11 Upon a motion by Councilmember Brunni, Resolution No. 125-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None PUBLIC STA'£Fm~ENTS (CONTINUED) Councilmember Edwards requested Ms. allowed to address the Council. Ms. Carol Miranda, 913 New Stine, jail booking fees. Carol Miranda be spoke regarding HEARINGS (CONTINUED) This is the time set for continued public hearing before the Council of the City of Bakersfield regarding a Negative Declaration for a Master Plan for upgrading and expanding existing Wastewater Treatment Plant No. 2. This hearing was continued froin the meeting of August 22, 1990. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Edwards, the Negative Declaration, with mitigation listed in Exhibit "A," was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None This is the time set for public hearing regarding a Negative Declaration to establish an assessment district for the Jewetta Trunk Sewerline and relocation of a portion of Calloway Canal. This hearing has been duly advertised and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Brunni, the Negative Declaration was adopted by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio !77 Bakersfield, California, September 19, 1990 - Page 12 REPORTS Councilmember McDermott, Chairperson of the Budget and Finance Committee, read Report No. 14-90 regarding Additional Personnel for the Planning and the Building Department and Public Works Department, as follows: The City Council requested that the Budget and Finance Committee review the need for additional personnel in the Planning and Building Department to implement the City's recently adopted 2010 General Plan. The Planning Director has requested a Principal Planner position that would allow the Department to concentrate on major long-range planning projects such as the implementation of the 2010 General Plan. The position would be involved in the implementation of ordinance amendments to reflect the policies in the Plan; completion of reserved chapter elements of the General Plan; completion of certain pending ordinances and provide support on other major projects such as reservations of freeway right-of-way, a level of service ordinance and a comprehensive revision of the zoning ordinance. Because these projects could have a significant long-term impact on development in the City and due to the high level of sensitivity required to carry out these projects, the Committee recommends the approval of the additional Principal Planner position. The Public Works Director has requested an Engineer III to work on the Freeway system. While this position is also a high priority, the Committee feels that it should be deferred until information from the mid-year financial report becomes available. The Committee recommends that the City Manager return to the Council for authorization to add the position if, based upon the mid-year financial report, sufficient monies are available in the General Fund to fund the position. Therefore, the Committee recommends that Council authorize the transfer of $43,000 from Council Contingency to the Planning and Building Department Operating Budget in the General Fund. We request that the Council accept this report and implement its recommendations. 178 Bakersfield, California, September 19, 1990 - Page 13 Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 14-90 was accepted. Upon a motion by Councilmember McDermott, the recommendations of Budget and Finance Committee Report No. 14-90 were implemented. Upon a motion by Councilmember McDermott, $43,000 was transferred from the Council Contingency Fund to the Planning and Building Department Operating Budget in the General Fund, by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio Councilmember Brunni stated for the record that she wholeheartedly supports this and is glad to see it going forward. Councilmember Salvaggio clarified his vote for the record by stating the he feels this report is one of the first fruits of the recent planning team-building session in Tehachapi, and he appreciates staff and the Budget and Finance Committee members for bringing this to the full Council for action. Councilmember McDermott read Urban Development Committee Report No. 7-90 regarding General Policy for Economic Development, as follows: On Friday, September 7, 1990, the Urban Development Committee reviewed the attached "General Policy for Economic Development." In discussing this item it was the consensus of the Committee that a broad policy for Economic Development needs to be adopted by the City Council. The actual specifics relating to policy implementation are an administrative matter. The Committee therefore recommends that the City Council approve the General Policy for Economic Development and that the City Manager be directed to prepare an Administrative Implementation Policy which, upon completion, shall be reviewed by the City Council. The following attachment to the Report was not read into the record: GENERAL POLICY FOR ECONOMIC DEVELOPMENT The City of Bakersfield supports stimulating a healthy local economy through an economic development policy that targets the growth, diversification, and revitalization of the Bakersfield 201 0 General Planning Area. This policy includes commitments to the continuing diversification of our economic base, the expansion of existing businesses, and the nurturing of new businesses. !79 Bakersfield, California, September 19, 1990 - Page 14 When considering the provision of financial or other inducements, our efforts should focus on those new or existing businesses and industries which are consistent with our efforts to create a healthy local economy while having the least negative impact on environmental and other quality of life issues. Upon a motion by Councilmember McDermott, Urban Development Committee Report No. 7-90 was accepted. Upon a motion by Councilmember McDermott, the recommendations of Urban Development Committee Report No. 7-90 were implemented. Councilmember Smith read Urban Development Committee Report No. 8-90 regarding Issuance of Assessment District Bonds for Water Mains in the Paladino Service Area, as follows: Approximately a year and a half ago homeowners in the Paladino Drive area, which is located one mile east of Morning Drive extension and north of Route 178, began experiencing water quality and quantity problems and contacted the City for possible assistance. A series of meetings was then conducted by the City between the residents and water purveyors that might be able to provide emergency service to the area. Following lengthy discussions with Olcese Water District, California Water Service Company, and Improvement District #4 of the Kern County Water Agency, California Water Service came forward with a plan of works that would immediately provide water to the homes in the area. After several follow-up meetings with the residents, the California Water proposal was chosen by the homeowners as the most cost-effective way to provide domestic and fire protection water to the area. Area residents representing seventy-eight percent of the acreage have petitioned the City to form an assessment district to finance the water main project. Cost of the project, including assessment engineering, bond counsel, construction, inspection and overhead is estimated to be just under one million dollars. According to City Council policy adopted March 19, 1986, assessment districts financed by issuance of public bonds should not be less than one million dollars. Due to the emergency needs for water to this area for household uses, the Committee recommends that the Council receive this report and allow the one million dollar minimum bond policy be waived for this specific project. Upon a motion by Councilmember Smith, Urban Development Committee Report No. 8-90 was accepted. 180 Bakersfield, California, September 19, 1990 - Page 15 Upon a motion by Councilmember Smith , the recommendations of Urban Development Committee Report No. 8-90 were implemented by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember McDermott read Urban Development Committee Report No. 9-90 regarding an Ordinance to Permit Above-Ground Fuel Storage Tanks, as follows: Above-ground fueled storage tanks are being manufactured in response to problems caused by traditional subterranean fuel storage tanks. Below-ground tanks whose leaks might go undetected for long periods of time result in extensive contamination and expensive remediation for their owners. Although construction techniques, installation practices and regulations have mitigated this problem to some extent, they have also resulted in designs for safe above-ground storage of flammable or combustible liquids. Their use is already permitted in some areas of the City. They are prohibited in Fire Zones 1 , 2 and closely built-up areas of Fire zone 3. Fire Zone 1 is downtown and East Bakersfield. Fire Zone 2 is around densely built-up areas and Fire Zone 3 is generally the fringe area of the City. The proposed ordinance would allow up to 2,000 gallons of fuel to be kept above ground in tanks enclosed in containment vaults. The vaults have six-inch thick walls with sufficient capacity to hold all the fluids in the tank if it should leak. Both the tanks and vaults must be tested and approved. They have vapor recovery systems and safety devices. They would be surrounded by crash posts and they are secured to foundations so they would not be dislodged in the event of an earthquake. The Fire Department has reviewed the draft ordinance with the Urban Development Committee and recommended its adoption. Adoption of this ordinance would protect the environment and public safety while allowing small businesses to maintain on-site fueling facilities. It is recommended that the attached Ordinance be adopted. Upon a motion by Councilmember McDermott, Urban Development Committee Report No. 9-90 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield a~ending Section 15.64.410 of the Bakersfield Municipal Code relating to above-ground storage of flammable or combustible liquids. 18! Bakersfield, California, September 19, 1990 - Page 16 Councilmember Smith read Urban Development Committee Report No. 10-90 regarding Ordinance Regulating Outdoor Advertising Signs, as follows: The issue of regulating outdoor advertising signs was referred to the Urban Development Committee January 10, 1990. This was in response to billboard company representatives requesting the City Council to consider alternatives to an ordinance recommended by the Planning Commission to prohibit all off-premise signs including outdoor advertising signs. The representatives of the outdoor advertising companies suggested that: 1. Billboard be separated by 500 feet. 2. Billboards be prohibited over existing buildings. The City choose certain roads where special control over placement of billboards could be exercised. The Urban Development Committee considered their proposal and many other options ranging from prohibition to only increased spacing. We considered various permitting techniques which might be used to thin out existing concentrations of billboards but found them to be administratively complex or possibly unfair to companies depending on their inventory of signage and discriminatory against companies wishing to enter the market. It was concluded that a straight forward set of regulations should be placed in the ordinance which would apply equally to all. These regulations would avoid the continued concentration of billboards, limit their exposure to residential areas, prohibit them from aesthetically sensitive areas and confirm the City Council's original intent to prohibit them over buildings or near property lines and other signs. With that in mind, the attached ordinance was drafted which would: Increase the distance between outdoor advertising signs from 300 feet on the same side of a street to 1,000 feet in all directions. ]82 Bakersfield, California, September 19, ~990 Page 17 Add a prohibition of outdoor advertising signs within 1,000 feet of residential zones. In addition to Truxtun Avenue, prohibit outdoor advertising signs within 1,000 feet of: a) Highway 178 east of Oswell Street, b) Alfred Harrell Highway, c) Stockdale Highway west of New Stine Road, and d) Panorama Drive. Prohibit outdoor advertising signs over or on buildings. Clarify the applicability of the 25-foot setback from lot lines and 50-foot separation from other signs by restoring them in the subsection specific to outdoor advertising signs. It is recommended that the City Council adopt the attached ordinance. Mr. Gene Tackett, representing 3-M National and Outdoor Advertising, addressed the Council regarding the Ordinance Regulating Outdoor Advertising Signs, and stated for the record that the proposals within 1,000 feet from residential areas as opposed to 1,000 feet along some of the scenic highways would mean that there is no room for growth for future billboards. Upon a motion by Councilmember Smith, Urban Development Committee Report No. 10-90 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield amending Subsection O. of Section 17.60.070, Subsection N. of Section 17.60.080, Subsection A.2. of Section 17.60.160 and Subsection A.2. of Section 17.60.~70 and adding Subsection 48. to Section 17.60.030 to the Bakersfield Municipal Code relating to Signs. ACTION ON BIDS Approval of Contract No. 90-222 with Griffith Company for the construction of Madison Street from White Lane to Planz Road. Upon a motion by Councilmember Salvaggio, the low bid for the base bid from Griffith Company in the amount of $160,000.00 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. 183 Bakersfield, California, September 19, 1990 - Page 18 Approval of Contract No. 90-223 with Griffith Company for the construction of curb and gutter in area bounded by Snyder Lane, "P" Street, Terrace Way and Vernal Place. Upon a motion by Councilmember Edwards, the low bid from Griffith Company in the amount of $183,990.00 was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. DEFERRED BUSINESS An Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property located on the east side of Patton Way approximately 1,100 feet south of Hageman Road from an R-1 (One Family Dwelling) Zone to a "P" (Parking) Zone. This Ordinance was given first reading at the meeting of August 22, 1990, and deferred from the meeting of September 5, 1990. Upon a motion by Councilmember Brunni, action on this matter was deferred until the effect on assessment bonds this will have in the area is resolved, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Ordinance No. 3315 of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property located at the northeast corner of Bernard Street and Fashion Place from an R-1 (One Family Dwelling) Zone to a P.C.D. (Planning Commercial Development) Zone. This Ordinance was given first reading at the meeting of September 5, 1990. Upon a motion by Councilmember Smith, Ordinance No. 3315 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None 184 Bakersfield, California, September 19, 1990 - Page 19 Adoption of Ordinance No. 3316 of the Council of the City of Bakersfield amending Section 2.72.260 of the Bakersfield Municipal Code relating to Outside Employment. This Ordinance was given first reading at the meeting of September 5, 1990, with Personnel Committee Report No. 7-90. Upon a motion by Councilmember Edwards, Ordinance No. 3316 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio Adoption of Ordinance No. 3317 of the Council of the City of Bakersfield adding Chapter 15.80 to the Bakersfield Municipal Code relating to the dedication of land, payment of fees, or both, for the purposes of parks and recreation land. This Ordinance was given first reading at the meeting of September 5, 1990. Upon a motion by Councilmember Brunni, Ordinance No. 3317 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Ordinance No. 3318 of the Council of the City of Bakersfield amending Section 2.68.010 of the Bakersfield Municipal Code relating to monthly salary of Councilmembers. This Ordinance was given first reading at the meeting of September 5, 1990. Upon a motion by Councilmember Edwards, Ordinance No. 3318 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, September 19, 1990 - Page 20 NEN BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amendinq Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Bakersfield Municipal Code regarding prezoning of property known as the Akers No. 4 Annexation. (WARD 6) This Ordinance amends Title 17 of the Bakersfield Municipal Code and prezones approximately 649+/- acres of Akers No. 4 Annexation as an R-1 (One Family Dwelling) Zone, R-1 (One Family Dwelling - 10,000 square ft. minimum site area) and A-20A (Agricultural, Twenty-Acre Minimum Lot Size) Zone. Councilmember Brunni disqualified herself from this issue due to a legal a conflict of interest. First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 8.72 to the Bakersfield Municipal Code relatinq to provision of patron toilet and handwashinq facilities in retail food establishments. This Ordinance requires establishments serving food to the public to provide toilet and handwashing facilities free of charge to their patrons. Adoption of Resolution No. 126-90 of the Council of the City of Bakersfield opposing a request by the Local Agency Formation Commission to take legislative action regarding the proposed Annexation #3 to County Service Area No. 11. Southeast area - south of Pacheco Road, east of South Union Avenue. (Rexland Acres) Upon a motion by Councilmember Salvaggio, Resolution No. 126-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio Adoption of Resolution No. 127-90 of the Council of the City of Bakersfield opposing a request by the Local Agency Formation Commission to take legislative action regarding the formation of County Service Area No. 79. (Northeast Area: Tract 5077, north of State Hiqhway 178) Bakersfield, California, September 19, 1990 - Page 21 Upon a motion by Councilmember Smith, Resolution No. 127-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 128-90 of the Council of the City of Bakersfield supporting a Sister City Program between the Russian Republic City of ~ula and the City of Bakersfield. Upon a motion by Councilmember Brunni, Resolution No. 128-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 129-90 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 336, LAFCO Proceeding No. 1 038, Chester No. 2 Annexation. (Ward 2). Upon a motion by Councilmember DeMond, Resolution No. 129-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 130-90 of the Council of the City of Bakersfield declaring support of a freeway facility west from Highway 99 to Stockdale Highway, and ultimately to Interstate 5, and urging submittal of the freeway project to the California Transportation Commission for inclusion in the Statewide Transportation Improvement Program (STIP}. Councilmember Brunni stated for the record that she wholeheartedly supports this Resolution. 187 Bakersfield, California, September 19, 1990 - Page 22 Upon a motion by Councilmember McDermott, Resolution No. 130-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 131-90 of the Council of the City of Bakersfield extending goals, policies, and programs of the Housing Element for Metropolitan Bakersfield until July 1, 1991, or until such time as it is updated, whichever is sooner. Upon a motion by Councilmember DeMond, Resolution No. 131-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Certificate of Sufficiency of Petition, Assessment District No. 90-1 (Jewetta Trunk Sewer/Calloway Canal Relocation). Upon a motion by Councilmember Brunni, Certificate of Sufficiency was accepted. Adoption of Resolution No. 132-90 of the Council of the City of Bakersfield determining to undertake proceedings pursuant to Special Assessment and Assessment Bond Act for the construction and acquisition of improvements without proceedings under Division 4 of the Streets and Highways Code (Assessment District No. 90-1 - Jewefta Trunk Sewer/Calloway Canal Relocation). Upon a motion by Councilmember Brunni, Resolution No. 132-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio Bakersfield, California, September 19, 1990 - Page 23 Adoption of Resolution No. 133-90 of the Council of the City of Bakersfield appointing Engineer of Work and authorizing Agreement No. 90-224 for Assessment Engineering Services for Assessment District No. 90-1 - Jewetta Trunk Sewer/Calloway Canal Relocation. Upon No. 133-90 of adopted by the a motion by Councilmember Brunni, Resolution the Council of the City of Bakersfield was following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, Peterson, None None None DeMond, McDermott, Smith, Brunni, Salvaggio Adoption of Resolution No. 134-90 of the Council of the City of Bakersfield approving Agreement No. 90-225 and appointing Attorney for Assessment District No. 90-1 - Jewetta Trunk Sewer/Calloway Canal Resolution. Upon a motion by Councilmember Brunni, Resolution No. 134-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 135-90 of the Council of the City of Bakersfield describing proposed boundaries of Assessment District, directing filing of Map and Assessment Diagram and the recordation of Notice of Assessment (Assessment District No. 90-1 - Jewetta Trunk Sewer/Calloway Canal Relocation). Upon a motion by Councilmember Brunni, Resolution No. 135-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Certificate of Sufficiency of Petition, Assessment District No. 2 (Paladino Water Main). Upon a motion by Councilmember Smith, the Certificate of Sufficiency was accepted. Bakersfield, California, September 19, 1990 Page 24 Adoption of Resolution No. 136-90 of the Council of the City of Bakersfield determining to undertake proceedings pursuant to Special Assessment and Assessment Bond Act for the construction and acquisition of improvements without proceedings under Division 4 of the Streets and Highways Code (Assessment District No. 90-2 - Paladino Water Main). Upon a motion by Councilmember Smith, Resolution No. 136-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Approval of Agreement No. 90-226 with Shell Western E & P, Inc., for the installation of hangers and 820 linear feet of 16-inch casing on Gordon's Ferry Bridge. Upon a motion by Councilmember DeMond, Agreement No. 90-226 with Shell Western E & P, Inc., was approved and the Mayor authorized to execute the Agreement. Approval of Agreement No. 90-227 with Westminster Ceramics, Inc., resolving issues arising under Agreement No. 84-32. Upon a motion by Councilmember Edwards, Agreement No. 90-227 with Westminster Ceramics, Inc., was approved and the Mayor authorized to execute the Agreement. Acquisition of real property at the southwest corner of Eye and 13th Streets. Upon a motion by Councilmember DeMond, $15,500 was transferred from the Council Contingency Fund, and $15,500 was appropriated in the Capital Outlay Fund, Capital Improvement Budget, and the Finance Director authorized to execute the closing documents, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None 190 Bakersfield, California, September 19, 1990 - Page 25 Appropriation of $1,381,500 Rancho Laborde Special Assessment Bond Proceeds and interest earnings thereon. Upon a motion by Councilmember Brunni, authorization was given to appropriate $1,381,500 Rancho Laborde Special Assessment Bond Proceeds, and interest earnings thereon, to the Public Works Capital Improvement budget within the Special Assessment Funds, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Reclassification of vacant Planning position. Upon a motion by Councilmember Brunni, approval was given for the reclassification of vacant Planning position. COUNCIL STATEMENTS Councilmember McDermott stated they had an Intergovernmental Relations Committee meeting with the County regarding the issue of booking fees. They communicated to the County representatives the sentiments picked up from Council at the last meeting, but one of the issues that came up was that essentially the County is still in the process of determining what fee, if any, should be charged. The Council wants to ask the County to rescind their action, determine that they will not charge the fees retroactively, and then work to discuss a possible solution with the City. Councilmember McDermott made a motion to consider this item as an item that arose after the Agenda was published and requires action tonight, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember McDermott made a motion to direct the Police Chief to go to the next Board of Supervisors' meeting and ask them to place on the Agenda an emergency item to rescind the previous action and to adopt the position that they will not charge the fees retroactively, and also to make a formal proposal of some of the suggestions the City has made. Councilmember Salvaggio requested Councilmember McDermott amend his motion to direct City Manager Hawley to attend the Board of Supervisors meeting along with the Chief of Police. Councilmember DeMond stated the Council needs to get their message across as soon as possible. 191 Bakersfield, California, September 19, 1990 - Page 26 Councilmember Peterson asked Chief of Police Patterson to take some time and educate the woman who spoke earlier who needs some direction regarding her public comments so that she fully understands that this is a very sensitive Council to the rights and the needs of the people, and because of Police Chief Patterson and the officers, the crime rate has been going down in this area where it has been going up everywhere else in the State. The Council is very sensitive to the rights of the people and the protection of the people, but there are some things she needs to understand with regard to this particular rape individual and some of the things that the City is doing to counteract this very unfair double taxation. The motion by Councilmember McDermott to direct Police Chief Patterson to go to the next Board of Supervisors' meeting and ask them to place on the Agenda an emergency item to rescind the previous action and to adopt the position that they will not charge the fees retroactively, and also to make a formal proposal of some of the suggestions the City has made, was approved. Councilmember Brunni stated that on August 22, 1990, she requested an accounting of the Transportation Development Act Fund balances, and she is frustrated that she has not received it. Councilmember Brunni requested a line-by-line, item-by-item clarification of the carryover of the Community Development Block Grant Funds for all the Councilmembers, including the dates, amounts and projects to which these monies are committed. Councilmember Brunni requested an item be placed on the Agenda for the next Council meeting to change the date of the meeting from October 17, 1990, to October 24, 1990. After further discussion, Councilmember Brunni withdrew her request. Councilmember Smith stated she read articles in the newspaper regarding gate fees. The Kern County Board of Supervisors received and filed a report from the County Public Works Department relating to the establishment of gate fees and she would like to remind the Board that in a recent election, citizens of the County, including the City of Bakersfield, rejected the establishment of gate fees by a margin of two to one. Although the report indicates that the proposed gate fees could not be implemented until 1992, she encouraged the County to pay serious attention to the wishes of the citizens who have already overwhelmingly voted to reject gate fees before trying to implement them again. Councilmember Smith stated there is an ambiguity in the Sign Ordinance in that there is nothing specific in regard to ownership in families of buildings that might be passed down in inheritance form. Upon a motion by Councilmember Smith, this matter was referred to the Urban Development Committee. 192 Bakersfield, California, September 19, 1990 - Page 27 Councilmember Salvaggio stated that two Council meetings ago he requested of staff, and Council concurred, that the Council respond in writing to Norman H. Riley regarding his June 28, 1990, letter to the City requesting that representatives be recognized for the City of Bakersfield retired employees. He asked staff to look into this and he would like a copy of whatever staff has done on this. Councilmember Salvaggio stated that as a representative of the Kern Council of Governments, he was appointed by the Chair to serve with Supervisor Ashburn, Shafter Councilmember Johnny Thomas and Ridgecrest Councilmember Kevin Forlett, on a Joint Powers Agreement Committee, and he brought Council up to date regarding the Congestion Management Program. Councilmember McDermott responded to comments by Councilmember Salvaggio regarding the Joint Powers Agreement Committee and the comments made at the Intergovernmental Relations Committee meeting in support of the "30 percent of the vote" concept as a possible appropriate compromise for the Kern Council of Governments reorganization. Councilmember Brunni stated her support for appropriate representation on the Kern Council of Governments. /~d~'OURN~N~ There being no further business to come before the Council, upon a motion by Councilmember Peterson, the meeting was adjourned at 11:31 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA kdsc