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HomeMy WebLinkAbout09/23/1987 MINUTES CCBakersfield, California, September 23, 1987 Minutes of City of Bakersfield, Session, held in the 5:25 p.m., September the Special Meeting of the Council of the California, for the purpose of a Workshop Basement of the City Hall Annex Building at 23, 1987. The meeting was called to order by Mayor Payne. Present: Mayor Payne. Absent: None Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson (seated at 5:30 p.m.), Salvaggio AIR QUALITY Assistant City Manager Pulskamp provided information regarding the quality of the air in Bakersfield. Kern County has been identified as one of the 14 areas nationwide that are so far from meeting 1988 Clean Air Act requirements that there is no way the goals can be met by the December 31 deadline. Problems of air pollution range from eco- nomic to aggravating to life threatening. To ensure a high qual- ity of life for this generation and for future generations, the City of Bakersfield needs to continue to do what it can to improve air quality and to continue as an advocate of clean air legisla- tion at other levels of government Councilmember Moore suggested that the City continue to work with the County and the League of California Cities. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Childs, the meeting adjourned at 6:20 p.m. MAYOR of the City of ~akersfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the of the City of Bakersfield, California Council rg Bakersfield, California, September 23, 1987 L33 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 23, 1987. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Clyde Wasdin of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Absent: None Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson, Salvaggio MINUTES Upon a motion by Councilmember Moore, Minutes of the Regular Meetings Of August 12 and August 26, 1987, and the Special Meeting of August 19, 1987 were accepted and approved. PUBLIC STATEMENTS Mr. Herbert Moore, 5305 Crystal Springs Drive, com- plained about the noise across the street from his home and presented a petition containing 10 signatures. Councilmember Dickerson requested staff, Drillco and Mr. Moore meet in the next week and report back to Council. Upon a motion by Councilmember Childs, Mr. Moore's com- plaint was referred to staff, and Assistant City Manager Pulskamp was directed to contact Mr. Moore. HEARINGS This is the time set for a public hearing on an appeal by Dick D. Lardy to the decision of the Board of Zoning Adjustment denying his application requesting Modification of an R-1 (One Family Dwelling) Zone to permit a 5-foot high fence within the required front yard setback where the maximum allowable height is 4 feet on that certain property commonly known as 2908 Cornell Street. Mayor Payne declared the hearing open for public par- ticipation. Dick Lardy, 2908 Cornell Street, spoke in support of the appeal. No protests or objections being received, and no one els.~ wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilmember Smith made a motion to uphold the appeal. Councilmember Moore companies to help enforce the the ordinance to see if it is suggested staff work with the fence ordinance, and possibly readdress accurate in serving its purpose. Mayor Payne suggested staff contact all businesses which sell fencing materials regarding the fence ordinance. Bakersfield, California, September 23, 1987 - Page 2 Upon a motion by Councilmember Christensen, the call for the question was approved. Councilmember Smith's motion to uphold the appeal by Dick D. Lardy was approved by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Councilmember Salvaggio clarified his vote stating he supported the appeal because he respects the wishes of Councilmember Smith, and it is the most practical thing to do. He stated concern, however, that this may give license to others coming forward. This is the time set for public hearing before the Council of the City of Bakersfield to determine whether the pub- lic interest and necessity require taking of property located on Madison Avenue south of the Bakersfield Municipal Airport for municipal airport purposes. (Parcels 1 and 2) Assistant City Manager Pulskamp gave a brief presenta- tion and informed the Council that adoption of the resolution is a legal prerequisite to eminent domain to acquire title to the property deeded for the expansion of the Bakersfield Municipal Airport. He stated this would not prevent staff from negotiating with the property owner, but would start the legal process. Mayor Payne declared the hearing open for public par- ticipation. William Anderson, Attorney at Law, 5401 California Avenue Suite 301, representing Dr. Berger, owner of the property, spoke in opposition to the taking of property on Madison Avenue. He requested this matter be turned over to an attorney and allow both parties to get together, and continue the hearing to the next meeting. No further protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public por- tion of the hearing for Council deliberation and action. Councilmember Dickerson made a motion to continue the public hearing to the meeting of September 30, 1987. Councilmember Ratty made a substitute motion to close the public hearing. Councilmember Childs called for the question. Councilmember Ratty's substitute motion to close the public hearing was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio Councilmember Dickerson None Smith, Ratty, Moore, Upon a motion by Councilmember Salvaggio, Mr. Anderson was allowed to address the Council. Councilmember Salvaggio made a motion to delay adoption of the resolution until the Council meeting of September 30, 1987. Bakersfield, California, September 23, 1987 - Page 3 Councilmember Ratty made a substitute motion to proceed with the resolution to declare this to be in the public interest. Upon a motion by Councilmember Childs, the call for the question was approved. Mayor Payne restated Councilmember Ratty's substitute motion to adhere to the staff recommendation and adopt a resolu- tion declaring this proceeding to be in the public interest. This motion was defeated by the following vote: Ayes: Councilmembers Childs, Ratty, Moore, Noes: Councilmembers Christensen, Smith, Dickerson, Absent: None Salvaggio Mayor Payne restated the main motion by Councilmember Salvaggio to delay any action on this matter until September 30, 1987, while staff and Mr. Anderson engage in dialogue. This motion was approved by the following vote: Ayes: Noes: Absent: Councilmembers Christensen, Ratty, Moore, $alvaggio Councilmembers Childs, Ratty None Dickerson, Councilmember Salvaggio clarified his vote stating that he supports the continuance of time and hopes that both parties will come back with a win-win position. He stated that this Council is not invoking eminent domain for a school or a highway, and, therefore, the City has to go an extra mile in matters such as this. Councilmember Dickerson clarified his vote stating that one week was not a great amount of time. He stated he would not support a further delay, and Council will be prepared to take action next week. Councilmember Childs clarified his vote stating that in the past Council has proceeded with the normal course of events, and two parties have come up with a solution without feeling that there was an ax over either parties head. Councilmember Smith clarified her vote stating she voted aye because there is a new player. This is the time set for public hearing before the Council of the City of Bakers- field to determine whether the public interest and necessity require taking of property located on White Lane south of the Bakersfield Municipal Airport for municipal airport purposes. (Parcels 3 and 4) Mayor Payne declared the hearing open for public par- ticipation. William Anderson, Attorney at Law, 5401 California Avenue, Suite 301, representing the property owner, Dr. and Mrs. Berger spoke in opposition to the taking of property on White Lane south of the Airport. No further protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilmember Dickerson made a motion to place this mat- t~r on the Council agenda for September 30, 1987. Bakersfield, California, September 23, 1987 - Page 4 Councilmember Childs made a substitute motion to adopt a resolution declaring this to be in the public interest. Upon a motion by Councilmember Salvaggio, Mr. Anderson was allowed to address the Council. Upon a motion by Councilmember Ratty, the call for the question was approved. Councilmember Childs' substitute motion to adopt Resolution No. 176-87 of the Council of the City of Bakersfield declaring the public interest and necessity for the taking of cer- tain property for municipal airport purposes (parcels 3 and 4); Code of Civil Procedure Section 1245.230, was approved by the fol- lowing vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, $alvaggio Councilmember Christensen None Moore, Dickerson, This is the time set for public hearing regarding amendment to the Redevelopment Element of the Bakersfield Metropolitan Area General Plan and Proposed Environmental Documents concerning the following areas: The City of Bakersfield Economic Development Department has applied to amend the circulation component of the Redevelopment Element of the Bakersfield Metropolitan Area General Plan by removing the Central Business District local street classification of "K" Street between 17th Street and 18th Street. Mayor Payne opened the public portion of the hearing for Council deliberation and action. Upon request by Councilmember Ratty, the following tran- script was placed in the minutes for the record. CURTIS DARLING: I'm Curtis Darling. I'm a co-owner -- I'm sorry. My address is 915 Fairway Drive. MAYOR PAYNE: Thank you, sir. CURTIS DARLING: I'm a co-owner in the property known as the "K" Street garage; 17th and "K". Which this "K" Street, in effect, dead ends into the garage. The previous "K" Street was vacated and the City built the garage where the old "K" Street was between 17th Street and Truxtun Avenue. Now, I'm here generally to support the position as it's now modified. And I'm not here to object. I just want to make very sure that what was used by the staff in discussing this with you just now does not become a fact. He described it as a 25-foot alley. If this is going to be an alley, then I violently object. It was described in the meeting in which our office and the abut- ting owners, to my knowledge, agreed with this, that it would be maintained as a 25-foot thoroughfare with parking on the whole block, on the west side o~ the street, with parking on half of the block on the east side of the street with the thoroughfare to go northerly. We have -- the reason we objected in the first place we did not want this to degenerate into the alley. And I recommend Bakersfield, California, September 23, 1987 - Page 5 187 to all you ladies and gentlemen that want to reduce a thorough- fare in the City of Bakersfield to go and look at the alley that abuts this property directly between the -- what used to be Bakersfield Savings and Loan. I don't know who owns the property now. And the old Haberfelde Building where the dumpsters sit out on the sidewalk, people park in the alley. You can't stand to walk by it, it smells so bad. It is not a thoroughfare. It isn't safe for people to walk. Now, we don't want vacated "K" Street to turn out like that. And we had a definite agreement that this would be a thor- oughfare going in a northerly direction, and that before any change was made in that aspect of this street that we would be entitled to a new public hearing. Now, I want to impress on you that we are permitting a street to be vacated, and we are an abut- ting land owner, and we are not being compensated. And we no longer have the City plot plan to support our property. The street is now vacated, and it's become private property. So it's absolutely essential that whatever ruling is made in support of the Planning Commission, maintain this as a public street, a pub- lic thoroughfare and in no sense of the word an alley. We've consented to a one-way traffic, rather over my dead body, but we did. And we want to make sure that what we agreed on comes out in the legal results and, by all means, we do not want this called an alley. Thank you. MAYOR PAYNE: Thank you, Mr. Darling. Mr. Pulskamp. ASSISTANT CITY MANAGER PULSKAMP: Mr. Darling is re~er- ring to the one condition that I mentioned. Specifically, what that calls for is a 25-foot permanent access easement shall be retained by the City upon vacation provided along "K" Street bet- ween 17th and 18th Streets. And such a deed restriction reflect- ing said easement will be recorded. I believe this was discussed at length at the Planning Commission, and we seemed to reach agree-- ment on that. MAYOR PAYNE: So the term "alley" is in fact a legal term, it's not what we are attempting to duplicate. ASSISTANT CITY MANAGER PULSKAMP: That's right. MAYOR PAYNE: Mr. Darling. CURTIS DARLING: Ladies and gentlemen. I don't care what we call it. I don't want it to be an alley. We were very specific about the easement that was to be retained for our benefit. And I do call your attention to the absolutely abominable circumstance existing in that alley right now. And I've called it to the attention of other people in the City, and I still see it just like it was. Now I might call your attention to the fact that when we improved the "K" Street garage at the request of the City, and Mr. Younger and I spent a great deal of money to add 125 spaces. At our cost we had to fix the dumpster problem with an enclosure so that the dumpsters do not appear out on the street, but they're in a position where the City's refuse can pick it up properly without difficulty at the same time so that we don't maintain a public nuisance. Now, I call your attention to this City is possibly not donating the laad in this project, but they come precious close to it. And other buildings have been built with private funds, and the City is creating a competing circum- stance, and we are accepting that on the condition that the right- of-way be properly maintained. And I do call the City's attention to the fact that some aggressive e~fort has to be made with pro- perty owners with this dumpster thing. This is an abominable cir- cumstance and I don't want it repeated. Thank you. Bakersfield, California, September 23, 1987 - Page 6 MAYOR PAYNE: We have at least two Councilmembers who wish to speak at this time, but we are still under the public por- tion of the hearing. Is there anyone else who wishes to speak in favor of or in opposition to this particular matter? Anyone who wishes to speak? Seeing no one, we'll close the public portion of the hearing and return it to Council for discussion and action. We'll start with Dr. Ratty. COUNCILMEMBER RATTY: I'm -- I guess under the impres- sion that this traffic comes off of Chester, it's a one-way street going east and then turns north on 17th and empties on 18th. Am I correct in that it's a one-way operation, is that right -- MAYOR PAYNE: Mr. Pulskamp. ASSISTANT CITY MANAGER PULSKAMP: Mr. Mayor, Councilman Ratty, yes. COUNCILMEMBER RATTY: And there's going to be parking in the alley -- I hate to use that word -- between Great Western and Haberfelde Building? Or is it just on the, the, the northern sec- tion of that thoroughfare? ASSISTANT CITY MANAGER PULSKAMP: Mr. Mayor, Councilman Ratty, there will be parking there. COUNCILMEMBER RATTY: In the alley? ASSISTANT CITY MANAGER PULSKAMP: Pardon me? COUNCILMEMBER RATT¥: In the alley on both sides? ASSISTANT CITY MANAGER PULSKAMP: Yes. COUNCILMEMBER RATTY: Is there going to be some resolu- tion to the -- since we're going to make it a thoroughfare or some type of a traffic area -- to improve the environment and maybe even rename that alley to something else so that is done? My main con- cern is, did the Planning Commission address the environment of the alley between Haberfelde and the Great Western Building? And also the same problem that might occur along the thoroughfares that turns north. ASSISTANT CITY MANAGER PULSKAMP: Mr. Mayor could I ask Paul Saillcock to answer that question. MAYOR PAYNE: Yes. Mr. Shillcock. Dr. Ratty it will still be your floor but we do have a Council request for a five minute recess immediately after you speak. So I'd like to put it to a motion. I cannot do that if you make a motion. COUNCILMEMBER RATTY: I'll make a motion, MAYOR PAYNE: I mean if you make a motion we have a motion on the floor and we can't have a recess and there's-- COUNCILMEMBER RATTY: Okay, I won't make one. MAYOR PAYNE: Okay. Mr. Shillcock. PRINCIPAL PLANNER SHILLCOCK: Paul Shillcock, Redevelopment Office, City of Bakersfield. The Planning Commission in reviewing the change and designation for "K" Street did not address the problems in the alley. Apparently there was some confusion when we were discussing alley. That thoroughfare Bakersfield, California, September 23, 1987 - Page 7 between the Haberfelde and the Great Western Building will not be addressed as part of the overall development of the City Center Project. The parking that you asked about now exists on the north side of the alley, it will remain on the north side of the alley. know the portion I believe that Dr. Ratty was discussing is west of that, the existing alley, 17th Place I believe it is called. Yes, that will not be addressed in any way or treated in anyway as part of the City Center Project. COUNCILMEMBER RATTY: Mr. Mayor. MAYOR PAYNE: Dr. Ratty. COUNCILMEMBER RATTY: Then, then there will be no dumpsters or anything like that along the "L" heading north. PRINCIPAL PLANNER SHILLCOCK: Mr. Mayor, Councilman Ratty, the section of "K" Street between 17th and 18th is going to be treated in a way that will try to attract pedestrians into that area. Extensive landscaping, treatment of the sidewalks and the last thing the developer wants to do is to bring in anything that would be unsightly and deter pedestrians from using that way. COUNCILMEMBER RATTY: It'll just be closed--if I may. It'll just be closed and, and but open. It's not going to be a building there, it's gonna be open like the street, but it will only be pedestrian restricted -- PRINCIPAL PLANNER SHILLCOCK: Correct. It'll be similar to "L" Street north of 18th which now has angle parking on both sides of the street and a 25-foot travel lane down the center. Except that there will be more landscaping. COUNCILMEMBER RATTY: Okay. I think Mr.-- CURTIS DARLING: He's not correct. I'm sorry. I've got to correct it. COUNCILMEMBER RATTY: I'll recognize him. CURTIS DARLING: He's -- he's described it generally, but, but on the one side of the street-- MAYOR PAYNE: Excuse me, sir. CURTIS DARLING: I'm sorry. you, and yourself. MAYOR PAYNE: Dr. he has the floor. Ratty is more than happy to recognize But we need you to reidentify CURTIS DARLING: I'm Curtis Darling. I don't mean to interrupt. I just think he misdescribed where we are. MAYOR PAYNE: Okay, go ahead. CURTIS DARLING: On the path of the one block that we are closing. They're going to have parking, diagonal, headed north on both sides of the street. On half a block -- half a block, there will be parking on the west side of the street, diag- nal, headed north. On the east side of the street there will be a parking garage there, and no parking, and a walk-way passage way with supposedly trees. My main discussion this evening -- I don't want to prolong this at all -- I just don't want this designated as an alley. I don't want any possibility it's gonna be a place where dumpsters and that kind of activity takes place. Thank you. Bakersfield, California, September 23, 1987 - Page 8 MAYOR PAYNE: Thank you. Dr. Ratty. COUNCILMEMBER RATTY: Would somebody make that -- would staff put that down somewhere where we can -- I don't think any- body objects to that as being done and would staff just confirm that as putting that on the record. I think that's all we really need. MAYOR PAYNE: Mr. Pulskamp is indicating that that is possible. Mr. Caravalho. CITY MANAGER CARAVALHO: Mr. Mayor, Mr.--Dr. Ratty. Is there a problem just making that part of the condition; that it will be an improved alley with, with attractive trees and just stick that in the condition. COUNCILMEMBER RATTY: Would you so do that then and phrase that? MAYOR PAYNE: Would that be satisfactory, Mr. Darling. CURTIS DARLING: Absolutely. Upon request by Councilmembers, Mayor Payne recessed the meeting at 9:10 p.m. The meeting reconvened at 9:20 p.m. City Manager Caravalho stated that the condition would be a twenty-five foot, permanent, landscaped, attractively maintained automobile and pedestrian access easement. Upon a motion by Councilmember Christensen, Resolution No. 177-87 of the Council of the City of Bakersfield making find- ings, adopting negative declaration and approving amendment to the Circulation Component of the Redevelopment Element of the Bakersfield Metropolitan Area General Plan, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, $alvaggio None None Smith, Ratty, Moore, This is the time set for public hearing before the Council of the City of Bakersfield for the owner of real prop- erty located at 2900 Parkway to show cause why litter on such premises should not be found to constitute a public nui- sance and ordered abated; consideration of report of Building Director. Building Director Bidwell made a presentation to Council and showed slides of the property. Mayor Payne declared the hearing open for public participation. Winston Rust, owner o~ the property at 2900 Parkway, agreed with the abatement and requested to have some time to clean the property himself. No further protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public por- tion of the hearing for Council deliberation and action. City Manager Caravalho recommended Council continue the matter and allow the homeowner to clean his property; staff to provide a list of things to be done; and subject to the inspection, come back to Council. Bakersfield, California, September 23, 1987 - Page 9 191 Upon a motion by Councilmember Dickerson, the slides and pictures were admitted into evidence. Councilmember Dickerson made a motion to accept the City Manager's recommendations to continue the matter and allow the homeowner to clean his property; staff to provide a list of things to be done; and subject to the inspection, come back to Council. Mayor Payne restated Councilmember Dickerson's motion to delay any action on this matter for a period of one week. This motion was approved. REPORTS Councilmember Ratty, Chairman of the Urban Development Committee, read Report No. 23-87 regarding Ordinance Regulating Off-Road Vehicle Use in the Kern River as follows: The Kern River Plan Element contains policy number 3.1.5 "Off-road vehicle recreation areas shall not be allowed within the primary or secondary floodway of the river. Existing areas of off-road vehicle recreational use shall be phased out and terminated within two years of the adoption date of this general plan element." The Kern River Plan was adopted in August, 1985. The matter of implementing this policy was referred to the Urban Development Committee by the City Council. Having worked with this issue for several months, the committee has developed an ordinance which will imple- ment this policy. That ordinance is attached to this report. It makes motor vehicle use within the primary and secondary floodplains of the Kern River illegal with some exceptions. These exceptions include areas which might be designated ~or vehicle use by the City Council, public employees operating within the scope of their work, persons operating under permit from the City and property owners on their own property. The fines for violation of this ordinance are substantial. They are: $50 for the first offense, $200 for the second offense and $500 for the third offense. Staff has contacted property owners along the river and they have responded quite favorably to the proposed ordinance. An environmental review of the ordinance has been completed and a Negative Declaration is recommended for it. It is recommended that the City Council conduct a public hearing of the ordinance to give property owners, off- road vehicle users and the general public an opportunity to comment on the proposed ordinance and authorize the City Clerk to notice an appropriate hearing date. Upon a motion by Councilmember Ratty, Report No. 23-87 from the Urban Development Committee was accepted. Councilmember Ratty made a motion to approve the recom- mendations within the report and conduct a public hearing. Councilmember Ratty submitted a letter from Linda Huffman regarding the Kern River Plan. Councilmember Ratty made a motion to call for the question. 192 Bakersfield, California, September 23, 1987 - Page 10 Mayor Payne restated Councilmember Ratty's motion to implement the recommendations contained in Report No. 23-87 from the Urban Development Committee. This motion was unanimously approved. Councilmember $alvaggio clarified his vote stating that this is a positive step forward, and this project is consistent with the Kern River Plan. He stated that the Kern River Parkway is a tremendous quality of life issue; something to be proud of. He reiterated support of the ordinance for environmental and lia- bility reasons, including noise, dust, and safety on the bikepath. CONSENT CALENDAR The following Items were listed on the Consent Calendar: a. Approval of Warrant Nos. 1047 to 1269 inclusive, in the amount of $733,382.03. b. Communication from Jack W. Colvard, Director, Facilities Planning, Kern High School District withdrawing previous request, dated August 13, 1987, to abandon a portion of the 14th Street right-of-way. (RECEIVE AND REFER TO PLANNING DEPARTMENT) c. Communication from Jay Bingham, Financial Analyst for Business Development Centers, 1308 Chester Avenue acting as agent on behalf of Freedom Enterprises requesting Community Development Block Grant Funds for the development of a 20-unit apart- ment complex located at 620 and 700 "T" Street. (RECEIVE AND REFER TO BUDGET AND FINANCE) d. Claim for Damages and Personal Injuries from the following: Dennis William Kelley, 2725 Ocean Avenue, Ventura; Danney Robison, 3809 Phaffle Drive; Loyal Rodney Funk, 6501 Valley View Drive; Alfred Pietro, 2301 B Street; James Harold Theys, 3620 Mt. Pinos Way, Suite 7, Frazier Park; Barbara Jean Schiffhauer, 5825 Cochran Drive; Ruth H. and Michae~ O. Marlow, and Emmett Potter, P.O. Box 358; and Kenneth Wesley Armstrong, 1100 Valhalla Drive, ~33. (REFER TO CITY ATTORNEY) e. Dedication of Properties: 1. Street Right of Way Deed from J. L. Dandy & Company; James L. Burke and Beverly F. Burke; and CALSC Co. for additional right-of-way on Panama Lane between Freeway 99 and South "H" Street. Bakersfield, California, September 23, 1987 - Page 11 o Street Right of Way Deed from Emerald Properties, Ltd., and Quitclaim Deed from the City to Emerald Properties, Ltd., located north of Truxtun Avenue and west of Freeway 99. Notices of Completion and Acceptance of Work for: Water Mainline Extension at White Lane and Buena Vista Road, City Contract No. 87-171, was completed on August 31, 1987. Resurface College Avenue between Montello Street and Valencia Drive, City Contract No. 87-157, was completed on September 11, 1987. Resurfacing Auburn Street between La Costa Street to Fairfax and Eissler Stret, City Contract No. 87-128, was completed on September 11, 1987. Construction of Fairfax Road between Paladino Drive to Alfred Harrell Highway, City Contract No. 87-90, was completed on September 11, 1987~. o Resurface and storm drain on "A" Street be- tween Brundage Lane and Bank Street, City Contract No. 87-151, was completed on September 11, 1987. Fairfax Road Extension, Improvement Agreement No. 83-125, Contractor/Developer on said pro- ject B. L. Dickenson, was completed on September 11, 1987. Tract No. 3972, Unit C, located at or near Akers Road and Pacheco Road, City Contract No. 81-141, was completed on September 11, 1987. o Tract No. 4171, located at or near Fairfax Road and Auburn Street, City Contract No. 80-069, was completed on September 11, 1987. Tract No. 4662, located at or near University Avenue and Lancer Drive, City Contract No. 87-35, was completed on September 11, 1987. 10. Tract No. 7603, located at or near the inter- section of Brundage Lane and Quantico Avenue, City Contract No. 85-227, was completed on September 3, 1987. 11. ~uena Vista Trunk Sewer, City Contract No. 86-20, was completed on August 21, 1987 (excepting work between manholes 78 to 80). 12. Parcel Map Waiver No. 31-86, located at or near Arrow Street and Gilmore Avenue, City Contract No. 87-13, was completed on September 14, 1987. i94 Bakersfield, California, September 23, 1987 - Page 12 g. Applications for Encroachment Permit from: Kern High School District (Bakersfield High School), 1241 "G" Street, Bakersfield. The applicant is requesting approval to install a parking area within City right-of-way. Parking area would be approaching the City right-of-way along the south side of 14th Street, approximately between "D" Street alignment and "F" Street. Lupe Rodriguez, 13201 Lynett Way, Bakersfield. The applicant is requesting approval to install 2.5 foot high wrought iron fence (no sharp edges) with brick pillars (12" x 12") in back of the sidewalk at 13201 Lynett Way. ho Grant Deed from U.S. Home Corporation for a parcel of land at 6701 Pacific Island Drive (Lot #32 of Tract No. 4930, Unit "A") to be used for a domestic water well site. Upon a motion by Councilmember Childs, Items a, b, c, d, e, f, g and h of the Consent Calendar were adopted by the follow- ing vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, $alvaggio None None Smith, Ratty, Moore, ACTION ON BIDS Upon a motion by Councilmember Christensen, low bid from H. A. James Construction in the amount of $177,210.00 for Construction of Calloway - Farmers Stine Anderson Box Culvert for Ag Water, was accepted, all other bids rejected, and the Mayor was authorized to execute Contract No. 87-245. Upon a motion by Councilmember $alvaggio, low bid from Bakersfield Concrete Construction in the amount of $32,933.00, for curb and gutter on Hughes Lane between Fairview Road and Earlerie Avenue was accepted, the other bid rejected, and the Mayor was authorized to execute Contract No. 87-247. Councilmember $alvaggio clarified his vote and thanked staff, Council, and the Budget and Finance Committee for their work on this project. He stated that this answers the question, "What has the City done for you lately?" in a positive way. Upon a motion by Councilmember Christensen, low bid from RLW Equipment in the amount of $6,090.00 for twin post auto lift for Police Garage was accepted and all other bids rejected. Upon a motion by Councilmember Christensen, the award to Compu-Byte, Inc., was rescinded and the Finance Director was authorized to re-bid the computer equipment for Public Works Department. Upon a motion by Councilmember Childs, the Finance Director was authorized to enter into Discount Agreements with Boynton Brothers Inc., 18th and O Streets, for tire recapping, Bar M Nursery, 2601 Hosking Road for plants. and Councilmember Childs requested discount items be placed as separate items on the agenda. Bakersfield, California, September 23, 1987 Page 13 Adoption of Resolution No. 178-87 of the Council of the City of Bakersfield deter- mining that an equipment management work station can be reasonably obtained from only one vendor and authorizing the Finance Director to dispense with bidding therefor. Upon a motion by Councilmember Christensen, Resolution No. 178-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Adoption of Resolution No. 179-87 of the Council of the City of Bakersfield deter- mining that certain Wastewater Treatment Equipment can reasonably be obtained from only one vendor and authorizing the Finance Director to dispense with bidding therefor. Upon a motion by Councilmember Moore, Resolution No. 179-87 Of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, DEFERRED BUSINESS Adoption of Ordinance No. 3120 New Series of the Council of the City of Bakersfield amending Section 2.72.130 of the Bakersfield Municipal Code relating to Nepotism - Appointment of Spouse or Relatives. This Ordinance was given first reading at the meeting of September 16, 1987. Upon a motion by Councilmember Moore, Ordinance No. 3120 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Adoption of Ordinance No. 3121 New Series of the Council of the City of Bakersfield amending Sections 2.92.010, 2.92.090, 2.92.330, repealing Section 2.92.170, and amending and repealing Section 2.92.100 of the Bakersfield Municipal Code relat- ing to the Fire Department Relief and Pension Fund. This Ordinance was given first reading at the meeting of September 16, 1987. 196 Bakersfield, California, September 23, 1987 - Page 14 Upon a motion by Councilmember Moore, Ordinance No. 3121 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith, Dickerson, Salvaggio None None Ratty, Moore, NEW BUSINESS Adoption of Resolution No. 180-87 of the Council of the City of Bakersfield, California, Providing for the Issuance of Improvement Bonds, City of Bakersfield Assessment District 86-2, Series B (Rancho Laborde). Upon a motion by Councilmember Ratty, Resolution No. 180-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Adoption of Resolution No. 181-87 of the Council of the City of Bakersfield, California, Awarding Sale of Bonds in the Matter of City of Bakersfield Assessment District 86-2, Series B (Rancho Laborde) Agreement No. 87-222. Upon a motion by Councilmember Smith, Resolution No. 181-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Noes: None Absent: None Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, Adoption of Resolution No. 182-87 of the Council of the City of Bakersfield requesting the Board Of Supervisors of the County of Kern approve the taking of certain proceedings pursuant to the Municipal Improvement Act off 1913 (Assessment District No. 87-3). 182-87 of following Upon a motion by Councilmember Childs, Resolution No. the Council of the City of Bakersfield was adopted by the vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Adoption of Resolution of Intention No. 1031 of the Council of the City of Bakersfield declaring its intention to order the abandonment of "K" Street bet- ween l?th Street and 18th Street and alley in Block 272 in the City of Bakersfield. Bakersfield, California, September 23, 1987 - Page 15 Upon a motion by Councilmember Christensen, Resolution of Intention No. 1031 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Resolution of Intention No. 1032 of the Council of the City of Bakersfield declaring its intention to order the vacation of an 11.25 foot strip along a portion of the west side of "O" Street northerly of 34th Street in the City of Bakersfield. Upon a motion by Councilmember Christensen, Resolution of Intention No. 1032 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith, Dickerson, Salvaggio None None Ratty, Moore, Adoption of Emergency Ordinance No. 3122 New Series of the Council of the City of Bakersfield Adding Chapter 15.76 to Title 15 of the Bakersfield Municipal Code Relating to Mitigation for Development Impacts on Endangered Species. Assistant City Manager Pulskamp stated that staff recom- mends adoption of the ordinance with the deletion of the following sentence on Page 15 letter "c," which states, "Payment of such fees shall not, however, be construed as authorization for any developer to destroy or relocate any kit fox or occupied kit fox den without securing approval in advance from the United States Fish and Wildlife Service." Chuck Tolfree, 2419 Hasti Acres, representing the Building Industry Association, spoke in support of the proposed Ordinance and changes. Councilmember Dickerson suggested when advisory commit- tees submit issues to Council, that a transmittal report accompany the item so Council will understand that all the people are in agreement with the the issues. Councilmember Ratty made a motion to approve the Nega- tive Declaration and adopt the Emergency Ordinance. Upon a motion by Councilmember Moore, the call for the question was approved. Councilmember Ratty's motion to approve the Negative Declaration and adopt Emergency Ordinance No. 3112 New Series of the Council of the City of Bakersfield was approved by the fol- lowing vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Bakersfield, California, September 23, 1987 - Page 16 Councilmember Dickerson clarified his vote stating that he finds it distasteful to impose fees on individuals or busi- nesses. He stated the City ought to have mechanisms, if possible, to reduce the fees if they are beyond what is needed. Adoption of Resolution No. 183-87 of the Council of the City of Bakersfield approving and adopting fee for mitigating development impacts on Federally and State protected species within the City of Bakersfield. Upon a motion by Councilmember Ratty, the Negative Declaration was approved and Resolution No. 183-87 of the Council of the City of Bakersfield was adopted by by the following vote: Ayes: Counci Noes: None Absent: None lmembers Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, Adoption of Resolution No. 184-87 of the Council of the City of Bakersfield approving the filing of an application for grant funds from the Community Parkland Act of 1986 for irrigation and/or landscaping along the Kern River Parkway adjacent to Truxtun Avenue. Upon a motion by Councilmember Salvaggio, Resolution No. 184-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, $alvaggio Noes: None Absent: None Smith, Ratty, Moore, Adoption of Resolution No. 185-87 of the Council of the City of Bakersfield approving Amendment to Site Plan Review Policy requiring all non-residential developments to pay an assessment to be applied toward the cost of improvements benefiting the entire community. Upon a motion by Councilmember Smith, Resolution No. 185-87 of the Council of the City Of Bakersfield was approved the following vote: -' Ayes: Councilmembers Childs, Christensen, Dickerson, $alvaggio Noes: None Absent: None Smith, Ratty, by Moore, Adoption of Resolution No. 186-87 of the City Council of the City of Bakersfield approving and authorizing execution of an acquisition agreement with Central District Development Agency for the pur- pose of acquiring Clarion Hotel Sites. (Agreement No. 87-230) Bakersfield, California, September 23, 1987 - Page 17 Upon a motion by Councilmember Moore, Resolution No. 186-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Approval of Agreement No. 87-224 with Stradling, Yocca, Carlson and Rauth for Bond Counsel services in connection with Assessment District 87-3. Upon a motion by Councilmember Ratty, Agreement with Stradling, Yocca, Carlson and Rauth was approved and the Mayor was authorized to execute Agreement No. 87-224. Approval of Cooperative Agreement No. 87-225 and Memorandum of Understanding with the State of California and the City for modifications and improvements on Highway 178 at Mr. Vernon Avenue and Oswell Street. This is part of Off-Site Improvements Agreement with East Bakersfield Associates (Hahn and Brock), for East Hills Mall located south of State Highway 178 between Oswell Street and Mt. Vernon Avenue. Upon a motion by Councilmember Smith, Cooperative Agreement and Memorandum of Understanding with the State of California was approved and the Mayor was authorized to execute Agreement No. 87-225. Appropriation of additional funds Oak Street Overpass widening and strengthening. for the Upon a motion by Councilmember Ratty, an additional $559,750 available in Federal Bridge Replacement Funds and $100,000 available in Community Improvement Funds were appropriated for the Oak Street Overpass widening and strengthening by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Approval of Agreement No. 87-226 with L.L.M. & Associates, to provide soils and laboratory testing services for the wid- ening and strengthening of Oak Street Overpass at the A.T.& S.F. Railroad Yard. Upon a motion by Councilmember Ratty, the Agreement with L.L.M. & Associates was approved; appropriation of $16,000 in Federal Highway Bridge Replacement Funds was authorized; the use of funds from the Stockdale Highway Bridge budget for the City's contribution was authorized; and the Mayor was authorized to execute Agreement No. 87-226 by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, 20O Bakersfield, California, September 23, 1987 - Page 18 Approval of Agreement No. 87-229, Amend- ment to Service Agreement with Carl Warren and Company for outside claims administration. Upon a motion by Councilmember Childs, the Amendment to Service Agreement with Carl Warren and Company was approved and the Mayor was authorized to execute Agreement No. 87-229. Approval of Agreement No. 87-227 with Russell & Owens to provide surveying ser- vices for the widening and strengthening of Oak Street Overpass at the A.T.& S.F. Railroad Yard. Upon a motion by Councilmember Ratty, Agreement with Russell & Owens was approved; the appropriation of $32,000 in Federal Highway Bridge Replacement Funds was authorized; the use of funds from the Stockdale Highway Bridge budget for the City's contribution was authorized; and the Mayor was authorized to exe- cute Agreement No. 87-227 by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Approval of Agreement No. 87-228, First Amendment to Agreement No. 86-34, between the City of Bakersfield and Edward J. Wilson, dba, Wilson & Associates, for consulting engineering services. Upon a motion by Councilmember Childs, Agreement No. 87-228, the First Amendment to Agreement No. 86-34, with Wilson & Associates for assessment engineering services in Assessment District No. 86-2 was approved. Extension of existing City/County/SEEZ Contract No. 87-48. Upon a motion by Councilmember Ratty, the extension of existing City/County/SEEZ Contract No. 87-48 was approved contin- gent upon the Board of Supervisors taking similar action; and with approval of the language of a contract amendment by the City Attorney. Councilmember Childs clarified his vote stating that is in support o~ the SEEZ zone, but he does not understand the need for this action if they haw~ the money. Increase membership of City Charter Review Committee from 11 persons to 13 persons. he Councilember Moore made a motion to approve the two members as recommended by Ray Dezember. Upon a motion by Councilmember Moore, the issue of the City Charter Review Committee was considered as a matter which arose after the agenda was prepared. Councilmember Moore made a motion to approve Arthur Arvizu and Vernon Strong as nominated by Ray Dezember. Upon a motion by Councilmember Childs, the call for the question was approved. Bakersfield, California, September 23, 1987 - Page 19 Councilmember Moore's motion to approve Arthur Arvizu and Vernon Strong as members to the City Charter Review Committee, as nominated by Ray Dezember, was approved. Due to the resignation of Frank Felero, a vacancy exists on the Charter Review Committee. Upon a motion by Councilmember Moore, the issue of a vacancy on the Charter Review Committee was considered a matter which arose after the agenda was prepared. Upon a motion by Councilmember Moore, the issue of a vacancy on the Charter Review Committee was referred to the Charter Review Committee for recommendation of a nominee subject to ratification by the Council. COUNCIL STATEMENTS Ordinance to implement AB 711 (Harmful Materials). Councilmember Salvaggio made a motion to direct the City Attorney's Office to draft a new Ordinance pursuant to the provisions of AB 711; to be done in a timely manner; and bring baci( to Council to be in place when AB 711 takes effect on January 1, 1988. Councilmember Salvaggio made a motion to direct staff to prepare a resolution urging the Board of Supervisors to enact a County Ordinance implementing AB 711. Councilmember Childs made a substitute motion to refer the Ordinance to the Legislative Committee. Councilmember Salvaggio amended his motion to direct the City Attorney's Office to draft an ordinance pursuant to the pro- visions of AB 711; to be done in a timely manner and bring back to Council to be in place by January 1, 1988 when the State law goes into effect; and have the committee continue to work on any of the needs they see in the community. Mayor Payne restated Councilmember Childs' substitute motion to refer the issue to the Legislative Committee for study and recommendation and report back to Council within one week. This motion was defeated by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Ratty, Dickerson, Councilmembers Christensen, Smith, Moore None Salvaggio Councilmember Salvaggio's amended motion to direct the City Attorney's Office to draft an ordinance pursuant to the pro- visions of AB 711; to be done in a timely manner and bring back to Council to be in place by January 1, 1988 when the State law goes into effect; and have the committee continue to work on any of the needs they see in the community was approved by the following vote: Ayes: Noes: Absent: Abstaining: Councilmembers Christensen, Smith, Ratty, Moore, Dickerson, Salvaggio None None Councilmember Childs Bakersfield, California, September 23, 1987 - Page 20 Councilmember Dickerson clarified his vote regarding Councilmember Childs' substitute motion stating that he misunder- stood what the Mayor had said and wanted to vote on the main motion. Councilmember Salvaggio clarified his vote stating that he supports the ordinance for the community and county because they say this soft-core pornography may be protected by the first amendment and is therefore not illegal and could be progressive. He believes government does have the responsibility and right to protect children with legislation such as AB 711. Councilmember Childs clarified his vote stating that he is supportive of Councilmember $alvaggio's motion and AB 711, but he wanted the Legislative Committee to come back with the best possible ordinance and unanimously pass it without undue discussion. Upon a motion by Councilmember Salvaggio, staff was directed to prepare a resolution urging the Board of Supervisors to adopt a County Ordinance implementing the provisions of AB 711. Councilmember Childs clarified his vote stating that he abstained for the same reasons as the previous motion. City/County Relations. Councilmember Salvaggio requested the issue of City/County Relations be deferred to the meeting of September 30, 1988. Governor's Commission for Chemical Emer- gency Planning and Response for the Implementation of Title Three (FARA). Councilmember Moore read correspondence from Governor Deukmejian notifying him of his appointment to serve as a member of the Region V District Committee for the implementation of Title Three. Councilmember Moore stated he will accept the position for the implementation of Title Three in which Governor Deukmejian established a Chemical Emergency Planning and Response Committee in March, 1987. Discussion of the need for traffic light improvement at Planz and Akers Roads. Councilmember Dickerson requested the issue of traffic light improvement at Planz and Akers Roads be deferred to the September 30, 1987, meeting and asked that Public Works Director Hawley and Traffic Engineer Walker be present. Mayor Payne presented correspondence from Quinn & Lilly Mae Morgan regarding garage conversion was referred to staff. Councilmember Childs presented correspondence from Jack Roth, 230 S. Montclair, Suite 100, dated August 24, 1987, submit- ting his resignation to the Citizens Auditorium Committee. He requested the correspondence be referred to the City Clerk. Councilmember Childs read correspondence froln NEDA, the Small Business Development Center, notifying the City Manager that the City of Bakersfield Community Development Department has been selected the 1987 Financial Partnership Award. Bakersfield, California, September 23, 1987 Page 21 Assistant City Attorney Daniel reported that the Attorney's Office received the results of an appeal which they filed regarding Kern Tulare Water District vs. the City. He explained that the case was dismissed in its entirety by the Federal 9th Circuit Court of Appeals and was a significant victory for the City. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Christensen, the meeting adjourned at 11:10 p.m. MAYOR of the City of Bakersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Calif. rg