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HomeMy WebLinkAbout12/03/1986 MINUTES CC28? Bakersfield, California, December 3, 1986 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., December 3, 1986. The meeting was called to order by Vice-Mayor Childs, followed by the Pledge of Allegiance and Invocation by Reverend Steve Yeary of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Absent: Councilme~nbers Childs, Christensen, Dickerson, Salvaggio Mayor Payne. Councilmember Ratty Smith, Moore, MINUTES Upon a motion by Councilme~nber Moore, the minutes of the Special Meetings of October 29, November 12 and 19, 1986, and the Regular Meetings of October 29, November 5 and 12, 1986, were approved as amended; to include Councilmember Salvaggio's request that the record show he did vote "no" on the implementation of Budget and Finance Report No. 31-86 at the November 5, 1986 Council Meeting. SCHEDULED PUBLIC STATEMENTS senting endeavor Vice-Mayor Childs indicated that Mayor Payne is repre- the City of Bakersfield in Stockton, California, in an to have the next Police Olympics hosted by Bakersfield. Upon a motion by Councilmember Dickerson, the matter of stop signs on Stine Road at Fountain Springs Estates, as presented by Mel Yarrow, 5105 Silver Springs Lane, was referred to staff, stipulating that Mr. Yarrow be included in discussions. Council- member Dickerson requested that those in attendance from Fountain Springs Estates be sent a copy of the report from staff. James L. Jackson, 7801 Animas Court, spoke regarding the Skateboard Ramp Ordinance. Brando Pimienta, 715 Cypress Street, spoke regarding the Skateboard Ramp Ordinance. Jim Malone, 3712 Seligman Drive, spoke regarding the Skateboard Ramp Ordinance. Gary L. Moss, 7512 Hachita Court, spoke regarding the Skateboard Ramp Ordinance. HEARINGS This is the time set for a public hearing on an appeal by JOSEPH ZUBIA to Condition Nos. 3, 4 and 6 of an approved Modifica- tion by the Board of Zoning Adjustment to permit the elimination of both the re- quired 10-foot side street yard and the 5-foot rear yard setbacks on that certain property commonly known as 101 Bernard Street. Vice-Mayor Childs declared the hearing open for public participation. Joseph Zubia spoke in support of the appeal and pre- sented a petition for a street light on the west side of Stockton Street and the south side of Bernard Street, on the corner, for the safety of the people who are crossing the street, thus adding safety to Longfellow School grounds. Bakersfield, California, December 3, 1986 - Page 2 wishing tion of No protests or objections being received and no one else to speak in favor, Vice-Mayor Chids closed the public por- the hearing for Council deliberation and action. Upon a motion by Councilmember Moore, Mr. Zubia will be invited to work with staff toward an equitable solution to Condi- tions No. 3 and No. 6 of his appeal to the Board of Zoning Adjust- ment, and the appeal will be deferred to the Council meeting of December 17, 1986. This is the time set for protest hearing before the Council for the purpose of hearing any person owning real property within, or any registered voter residing within, territory designated as Mt. Vernon No. 3, proposed to be annexed to the City of Bakersfield. Vice-Mayor Childs declared the protest hearing open for anyone wishing to protest the Mt. Vernon No. 3 annexation. No protests being received, Vice-Mayor Childs closed the public por- tion of the hearing for Council deliberation and action. Upon a motion by Councilmember Moore, Resolution No. 178-86 of the Council of the City o[ Bakersfield making findings that no written protest has been filed and ordering the territory designated as Proceeding No. 909, Annexation No. 309, (Mt. Vernon No. 3), annexed to the City of Bakersfield was adopted by the lowing vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, CORRESPONDENCE Upon a motion by Councilmember Smith, communication from the Department of Human Services, P.O. Box 511, dated November 18, 1986, requesting confirmation on their understanding of the pro- posed ordinance adding Sections 17.04.547, 17.04.025 B., 17.22.030 V., 17.24.040 N., and amending Section 17.18.020 B. of the Bakers- field Municipal Code relating to Social Service Agencies was received and referred to the City Attorney's Office. Upon a motion by Councilmember Dickerson, communication from Department of Alcoholic Beverage Control, 1901 Broadway, Sacramento, dated November 7, 1986, notifying the Council of their first public hearing to receive comment on the subject of market- ing practices and promotions that foster the over consumption of alcoholic beverages was referred to the Legislative Committee for report back on December 10, 1986. Councilmember Moore presented correspondence from Larry Robinson, Jr., received December 2, 1986, requesting reappointment to the Golden Empire Transit District Board of Directors. The question of reappointment before the term expires was referred to the City Attorney. REPORTS Councilmember Moore read Report No. 37-86 from the Budget and Finance Committee regarding request by Cox Cable Bakersfield for transfer of cable franchise. Bakersfield, California, December 3, 1986 - Page 3 On October 15, 1986, correspondence from the Cox Cable of Bakersfield was referred to the Budget and Finance Committee by the City Council. The correspondence requested the transfer of the cable television franchise granted to Trans Video Corporation pursuant to Ordinance No. 1552 New Series to a newly formed affiliate corporation, Cox Cable Bakersfield, Inc. The Committee reviewed the request with Terry McNally of Cox Cable who pointed out that there were to be no sub- stantive changes in the management, control, or ulti- mate ownership of the Bakersfield Cable System. The action requested is primarily a name change due to an internal corporate reorganization. The Committee met with staff and the City Attorney regarding possible impacts of this request on the current franchise agree- ment and it was determined there would be no significant negative effects due to this action. Therefore, this Committee recommends that the City of Bakersfield consent to the assignment of the cable tele- vision franchise to Trans Video Corporation as requested. This Committee recommends acceptance and approval of this report and the implementation of its recommen- dations. Upon a motion by Councilmember Moore, the reading of Report No. 37-86 from the Budget and Finance Committee regarding request by Cox Cable Bakersfield for transfer of cable franchise was accepted. Upon a motion by Councilmember Moore, the recommenda- tions of Report No. 37-86 from the Budget and Finance Committee regarding request by Cox Cable Bakersfield for transfer of cable franchise were implemented. Councilmember Salvaggio, Chairman of the Committee, read Report No. 3-86 from the Personnel regarding position classifications. Personnel Committee On November 7, 1986, the Personnel Committee met to dis- cuss reclassification of two positions. Based on a job audit conducted on the classification of the Secretary II position in the Mayor's Office, it is recommended that this position be reclassified to that of an Administrative Aide. The incumbent of this posi- tion performs work which is a combination of the highest level secretarial work and assignments of administra- tive responsibility. Accordingly, the position of Administrative Aide is most appropriate. The Committee also recommends that the classification of Clerk Steno II in the Risk Management section be re- classified to Secretary I. The incumbent of this posi- tion performs clerical work of considerable difficulty performed at advanced rates of speed. Accordingly, the classification of Secretary I is most appropriate. The Committee recommends that this report be accepted and that the recommendations contained herein be imple- mented. Upon a motion by Councilmember Salvaggio, the reading of Report No. 3-86 from the Personnel Committee regarding position classitications was accepted. Bakersfield, California, December 3, 1986 - Page 4 Upon a motion by Councilmember Salvaggio, the dations of Report No. 3-86 from the Personnel Committee position classifications were implemented. reeommen- regarding Upon a motion by Councilmember Moore, staff is to con- tinue to review the needs of the Mayor's office and the possibil- ity of creating an Administrative Assistant position and a Clerical Assistant position; and also review the secretarial posi- tions in the offices of the City Manager and the City Attorney. Councilmember Salvaggio, Chairman of the Committee, read Report No. 4-86 from the Personnel regarding Personnel Manager. Personnel Committee On November 19, 1986, the City Council referred the issue of Personnel Manager to the Personnel Committee. On November 20, 1986, the Personnel Committee met to discuss the reclassification of a Personnel Coordinator to that of a Personnel Manager. This class would be at the division head level and would supervise the entire personnel function. The consultant which was hired to review the personnel system felt so strongly that this position was needed he recommended in writing recruiting for this classifica- tion even prior to submitting his final report. In light of the facts that the Personnel Coordinator positions are vacant, a division head is needed in Personnel, and funds are available for the position. It is, therefore, recommended that staff begin recruitment for a Personnel Manager. Upon a motion by Councilmember Salvaggio, the reading of Report No. 4-86 from the Personnel Committee regarding Personnel Manager was accepted. Upon a motion by Councilmember Salvaggio, the dations of Report No. 4-86 from the Personnel Committee Personnel Manager were implemented. reeommen- regarding Councilmember Smith read Report No. 19-86 from the Urban Development Committee regarding new legislation on school impact fees. The passage of AB 2926 and SB 327 by the California Legislature, and the recent voter approval of Proposi- tion 53 (School Construction Bonds) constitute major changes in the way school construction will be financed beginning January 1, 1987. There are uncertainties and consequences associated with this new legislation pack- age. The issues involve fee splitting among separate school districts sharing common territory, one-stop or multi-stop development plan processing and fee collec- tion procedures. The legislative package for school facility financing authorizes school districts to levy developer fees on new construction with a maximum fee of $1.50 per square foot on residential construction, and 0.25~ per square foot on commercial and industrial structures. For ex- ample, a 1,500 sq.ft. house would be assessed a maximum school impact fee of $2,250 under the new legislation. Cities and counties cannot issue building permits until the applicable school district(s) certifies that the developer complies with its fee requirements. Also, the legislation expands districts' eligibility for state assistance in matching funds. Bakersfield, California, December 3, 1986 - Page 5 The school districts are currently developing an agree- ment among themselves regarding the ratio of monetary split and fee collection options. The agreement is to be completed by November 30, 1986. Once completed, the Superintendent of Schools shall transmit the report to the City. The Urban Development Committee has discussed the issue of the City's role in the fee collection and plan certi- fication process. If the City is requested to collect the school impact fees for the districts, this committee suggests the following guidelines for the convenience of the developer, school districts and the City: 1) a one- stop processing point at the City Building Department, which the developer can have plans certified, pay school impact fees, obtain a City building permit and pay City permit fees; 2) developer payments in the form of sepa- rate checks payable to the school district(s) for the school impact fees and one payable to the City of BaKersfield for applicable permit fees; and 3) estab- lishing an administrative processing fee for the ser- vices. No action is required by the City Council at this time. This report serves to inform the entire Council of the new school construction financing package to become effective January 1, 1987. Upon its completion, the school district(s) will be transmitting their implemen- tation plan to the City. The Urban Development Committee recommends Council acceptance of this report. Vice-Mayor Childs called for the vote, which was all ayes with Councilmember Ratty absent. (No motion had been made to accept Report No. 19-86 from Urban Development Committee regarding new legislation on school impact fees.) Councilmember Smith read Report No. Development Committee regarding procedure for County Service Areas within the City's Sphere 20-86 from the Urban review of proposed of Influence. On July 22, 1986, the Local Agency Formation Commission (LAFCO) adopted revised "Procedures, Standards and Policies for the Evaluation of Proposals." Among its new policies was one which precludes establishment or expansion of county service areas (CSA's) within the City's sphere of influence unless the City declares it cannot serve the area. Whenever a CSA or expansion of one is proposed, the Executive Officer of LAFCO sends notice of this to the City Manager. There must be a response by the City Council within 30 days. Failure to respond within 30 days is deemed to be a determination that the City cannot provide the services. The City Manager's Report No. 24-86 (OctoBer 15, 1986) outlined some of the problems with the new procedure and this was referred to the Urban Development Committee for review and recommendation. There had been some earlier comments by Council speakers that these referrals might be sent to committee for study. We met with staff on November 14, 1986 and discussed the time required by the process including transmittals and communication, review of the application, conferences and lead time for Council agenda preparation. Thirty days is quickly used Bakersfield, California, December 3, 1986 Page 6 up and to include a committee referral process would further complicate the overall process. Since the City's sphere of influence was adopted by the City and sent to LAFCO as an official statement of our ability to serve the area within it, there should be a basic pre- sumption that we will follow through with annexation and service whenever possible. Whenever a proposed CSA is referred to the City, it is recommended that the proce- dure attached to this report be utilized. Upon a motion by Councilmember Smith, the reading of Report No. 20-86 from the Urban Development Committee regarding procedure for review of proposed County Service Areas within the City's Sphere of Influence was accepted. Community Services Manager Paul Dow read Community Services Manager Report regarding refuse fees. At the City Council meeting of November 19, 1986, the Council asked staff to investigate and report back with a recommendation regarding the development of a variable fee structure for refuse service provided to the elderly, single individuals, and owners of residential property vacant for extended periods of time. With regard to a lifeline rate for the elderly, we con- tacted several cities. Most of them, seven of the nine, do not have a lifeline rate for elderly. However, it is a fact that households occupied by senior citizens gen- erate much less refuse than the average collection. On that basis, I believe a rebate to senior citizens could be justified. A rebate would be the simplest way for the City to administer the rate adjustment and we don't anticipate it would require any additional personnel at this time. A very preliminary and approximate estimate of the total cost of the rebates would be less than $30,000. With regard to a reduced rate for single individuals we also contacted several cities. None of the cities had a special rate for single individuals. However, some com- munities do have refuse fees based on the amount of usage of the service. In other words based on two-can, four-can, unlimited number of cans, curb-side or walk- in, alley, or automated services. The City of Bakers- field and almost all of the cities contacted use a flat rate fee for collection of refuse charges because it is the most cost effective method. The variable rate sche- dule would require additional personnel in the field and office to monitor and account for each individual ser- vice. In my opinion, the benefits of a variable rate service do not, at this time, justify a switch from the flat rate system and I recommend we continue to use the flat rate method. With regard to reduced rate for owners of property which is vacant for extended periods of time. It is a common practice for other cities to give refunds to owners of such properties. The refunds are generally limited to a minimum of 30 days and usually require advance applica- tion. Based on our current policy of charging for serv- ices rendered it's only appropriate to not charge for service not rendered. I do not anticipate this proposal would require any additional personnel. I would there- fore recommend a rebate to property owners of property vacant for 30 days or more at a time. Bakersfield, California, December 3, 1986 - Page 7 To summarize, I ask the Council Attorney to prepare the changes to reflect the following: to authorize the City in the Refuse Ordinance Add the appropriate language to allow that Residents sixty-five (65) years of age or older, residing in a single family, owner occupied dwelling, shall be eligible to apply for a fifty per cent (50%) refuse charge rebate annually. The rebates shall be limited to one per household and collectable anytime after the fees have been paid to the County via the tax bill. Add the appropriate language to allow that Residents absent for a period of thirty (30) consecu- tive days of a single family owner occupied dwelling shall be eligible to apply for a refuse charge rebate for the time the house is unused. Councilmember Smith made a motion to adopt Nos. 1 and 2 of the Report from the Community Services Manager regarding refuse fees. Councilmember Dickerson made a substitute motion that we rescind these refuse fees for senior citizens and retain last year's rate of $17. Upon a motion by Councilmember Smith the call for the question was approved. Councilmember Dickerson's substitute motion to rescind refuse fees for senior citizens and retain last year's rate of $17 failed by the following vote: Ayes: Noes: Absent: Councilmembers Christensen, Dickerson, Councilmembers Childs, Smith, Moore Councilmember Ratty Salvaggio Councilmember Smith's motion to adopt Nos. 1 and 2 of the Report from the Community Services Manager regarding refuse fees failed by the following vote: Ayes: Councilmember Smith, Noes: Councilmembers Childs, Christensen, Moore, Dickerson, Salvaggio lmember Ratty Absent: Counci Councilmember Salvaggio made a motion that the issue of refuse fees and senior citizens be referred back to staff and they report back to the Council on December 17, 1986. Upon a motion by Councilmember Salvaggio the call for the question was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Councilmember Salvaggio's motion to refer the issue of refuse fees and senior citizens back to staff and they report back to the Council on December 17, 1986, was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Moore, Salvaggio Councilmembers Christensen, Dickerson Councilmember Ratty Bakersfield, California, December 3, 1986 - Page 8 Councilmember Dickerson clarified his vote by stating that the opportunity was given tonight to kill the fee for senior citizens. At least three members of the Council chose not to do that. Rather they chose some other system to tax our senior citi- zens. As for sending this to the Auditorium and Community Services Committee; again, we had an opportunity to send it to a committee that has not looked at it, that has an interest in pro- viding services to the community, and yet we turned it over just to staff. So we are void of the input from Councilmembers rela- tive to it from that standpoint. The staff has been in favor of these charges and have recommended them to the Council and we turned it back to the stall who had recommended these charges. So I don't think we have done the seniors a service. RECESS Vice-Mayor Childs called a recess at 9:30 p.m. The meeting was reconvened at 9:40 p.m. City Manager George Caravalho paraphrased City Manager Report No. 26-86 regarding Agenda Process 90-Day Evaluation. The City Council approved and implemented changes to the Agenda process on August 6, 1986, and asked for a review in 90 days. During this time, we have been keeping track of suggestions for improvement from staff and Councit. On the basis of those suggestions, I would recommend continuing the current process with the excep- tion of the following changes: a. Copy the Agenda in the traditional back-to-bac~ style, using one staple in the left-hand corner. b. Provide a blue Memorandum in the packet identifying any item which did not meet the agenda deadline. Incorporate "Alternatives Available to Council" and "Implications of Alternatives" Sections of the Administrative Report in "Background" when applicable Upon a motion by Vice-Mayor Childs, City Manager Report No. 26-86 was referred back to staff, deleting Item C, allowing for consideration of Items A and B at the Council meeting of December 10, 1986, by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, City Manager George Caravalho presented an Oral Report regarding Fiscal Year 1987-88 Pre-Budget Workshop, requesting each Councilmember fill out a survey, prioritizing some seventy-five key issues, projects and programs of the City. This survey would be tabulated for the workshop session on December 17. Vice-Mayor Childs requested that someone from the City Manager's office call the Councilmembers to remind them to fill out their surveys and turn them in by December 10, 1986. CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 3356 to 3481 inclusive, in the amount of $368,642.31. Bakersfield, California, December 3, 1986 Page 9 Claims for Damages and Personal Injuries from the following: Fireman's Fund for insured Sheyawn Lynch; LaFran Simpson, 301 "T" Street; and John Perisich, 601 Vista Verde. (REFER TO CITY ATTORNEY) c. Application for Encroachment Permit from the following: Golden Empire Transit District, 1830 Golden State Highway, for the installation of bus stop signs and shelters at various locations along the bus routes. Approval of Plans and Specifications for widening the Oak Street Overpass between California Avenue and Truxtun Avenue. (This item was deferred until end of Agenda, under Council Statements.) One Year Time Extension 84-119, Parcel Map 6868, and Stine Road. of Improvement Agreement No. located near Harris Road Upon a motion by Councilmember Dickerson, Items a., b., c., and e. of the Consent Calendar were adopted, and Item d. was deferred until later in the meetlng, by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, (Item d. appears under Council Statements.) ACTION ON BIDS Upon a motion by Councilmember Moore, low bid from Car~nenita Truck Center in the amount of $359,764.00 for four refuse trucks was accepted, all other bids rejected. (4) Upon a motion by Councilmember Salvaggio, bid from Nixon-Egli Equipment Co., in the amount of $365,335.36 for four (4) street sweepers, was accepted. Upon a motion by Councilmember Smith, low bid from Three Way Chevrolet Co., in the amount of $27,215.35 for two (2) four door sedans was accepted, all other bids rejected. Upon a motion by Councilmember Smith, low bid Chevrolet Co., in the amount of $30,118.05 for a service body and aerial device, was accepted, all jected. from Three Way pickup truck with other bids re- Public Works Manager Hawley replied by stating that the land in question is a portion of Truxtun Avenue west of the City Corporation Yard. Truxtun Avenue was obtained from Tenneco many years ago at the time the City acquired the water rights along the river. In negotiations for those water rights, the City also asked for additional right-of-way for the extension of Truxtun Avenue. Regarding Item e. under Action on Bids, for the record, Councilmember Dickerson inquired whether this ~s the land that we traded Tenneco for. Bakersfield, California, December 3, 1986 - Page 10 Councilmember Dickerson stated that he wanted the Council that our senior citizens are paying for their garbage taxes. to point out to this with Upon a motion by Councilmember Moore, low bid from Ferrel's Landscaping in the amount of $40,290.00 for erosion control and irrigation system at Truxtun Avenue Underpass and A.T.&S.F. Railroad, was accepted, all other bids rejected, and the Mayor was authorized to execute the Contract. Upon a motion by Councilmember Sa[vaggio, low bid from Kemko Corporation in the amount of $23,175.00 for construction of a storm drain on Anita Lane from Ming Avenue to 490 feet north, was accepted, all other aids rejected, and the Mayor authorized to execute the Contract. Upon a motion by Councilmember Christensen, Resolution No. 179-86 of the Council of the City of Bakersfield determining that certain communication radios can be reasonably obtained from only one vendor and authorizing the Finance director to dispense with bidding, was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Sa]vaggio None Councilmember Ratty Smith, Moore, DEFERRED BUSINESS Adoption of Ordinance No. 3078 New Series of the Council of the City of Bakersfield amend- ing Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located along the north side of 19th Street between "B" Street and "C" Street. This Ordinance was given first reading at the meeting of November 19, 1986. Upon a motion by Councilmember Christensen, Ordinance No. 3078 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Adoption of Ordinance No. 3079 New Series of the Council of the City of Bakersfield amend- ing Section 17.06.020 of Title Seventeen of the Bakersfield Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the south side of Highway 178 west of Oswell Street, approving the preliminary development plan and making findings in connection with a P.C.D. Zone. This Ordinance was given first reading at the meeting of November 19, 1986. Upon a motion by Councilmember New Series of the Council of the City of by the following vote: Smith, Ordinance No. 3079 Bakersfield was adopted Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Bakersfield, California, December 3, 1986 Page 11 Adoption of Ordinance No. 3080 New Series of the Council of the City of Bakersfield adding Section 17.66.020 B. 13, to the Bakersfield Municipal code relating to Skateboard Ramps. This Ordinance was given first reading at the meeting of November 19, 1986. Deputy City Manager Mary Strenn spoke regarding a report from staff, as requested by the Council at the November 19, 1986, meeting, on three issues: 1) how do we deal with the immediate problem with the existing ramp, 2) what do we do about considering skateboard ramps in parks, and 3) the Second reading of the ordi- nance that had been sent to the Council by the Planning Commission. Councilmember Moore made a motion to refer all items on the Staff Report to the Planning Commission. Councilmelnber Moore amended his motion to include only items I and 3 of the Staff Report back to the Planning Commission. Councilmelnber Dickerson made a motion to call for the question. Councilmember Moore made a substitute motion to adopt the Ordinance and request that the Planning Commission continue review any future amendments. to Councilme~nber Dickerson made a substitute motion to refer this issue to the Planning Commission Councilmember Christensen made a motion to call for the question. Councilmember Dickerson made a motion to call for the question. Councilmember Skateboard Ordinance to lowing vote: Dickerson's substitute motion to refer the the Planning Commission failed by the fol- Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith Councilmembers Moore, Dickerson, Salvaggio Councilmember Ratty Upon a motion by Councilmember Moore, Ordinance No. 3080 New Ser~es, of the Council of the City of Bakersfield, was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Christensen, Smith, Moore, Councilmembers Childs, Dickerson Councilmember Ratty Salvaggio Councilmember Salvaggio clarified his vote by stating that the last page of the memorandum points out that those propo- nents and opponents got together recently and apparently, if I am to trust staff, and I feel I can do that, came up with some com- promises and we're referring almost all this memorandum back to the Planning Commission for consideration. It's not moot. They are going to be considering it. We've directed them to do so. But in the interim, we have an Ordinance in thirty days that does place a restriction of 4 feet high, and 64 feet in area. And to my mind, the reason why I voted for that is because it does respond to this coliferation of problems that we have been receiving in our mail- boxes for the last several weeks. Now the Planning Commission is going to consider increasing that area, perhaps a hundred square feet, one per parcel of property, and then item two, which I won't read, on the last page of the memorandum, and then this question Bakersfield, California, December 3, 1986 - Page 12 of the non-conforming skateboard ramps and amortization. So I feel we have done a service to the community tonight, we have not jeopardized those existing skateboard ramps. The Planning Commission is going to deal with that issue further, and we will get that back to us, hopefully in a timely manner. Councilmember Moore made a motion to request the Planning Commission review Mr. Bldwell's comments and all of the concerns that have developed this evening, and bring any further recommen- dations back to the Council. Upon a motion by Councilmember Salvaggio, the call for the question was approved. Upon Councilmember Moore's motion, the Planning Commission was requested to review Mr. Bidwell's comments and all of the concerns developed, and bring any further recommendations back to the Council. Upon a motion by Councilmember Dickerson, the issue of skateboard usage in parks was referred to the Auditorium/Community Services Committee. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 12.60 to title 12 of the Bakersfield Municipal Code relating to Creation of Easements by Recorded Covenants. First reading of an Ordinance of the Counczl of the City of Bakersfield establishing cer- tain limitations with respect to the Redevelop- ment Plan for the Downtown Redevelopment Project. Adoption of Resolution of Intention No. 1016 of the Council of the City of Bakersfield declaring its intention to order the abandon- ment of a 14.48 foot portzon of dedicated vehicular access rights on the west side of Alien Road at the north west boundary of the Cross Valley Canal in the City of Bakersfteld. Upon a motion by Councilmember Moore Resolution of Intention No. 1016 of the Council o~ the C~ty of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Adoption of Resolution No. 180-86 of the Council of the City of Bakersfield initiating proceedings for the annexation of territory to the City of Bakersfield identified as Proceeding No. 910, Annexation No. 310, in accordance with LAFCO Resolution making deter- mination (California State College). Upon a motion by Councilmember Salvaggio Resolution No. 180-86 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: oes: ~bsent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Bakersfield, California, December 3,1986 - Page 13 Adoption of Resolution No. 181-86 of the Council of the City of Bakersfield declaring the results of the November 4, 1986, Statewide General Election for Measure A, Curran No. 3 Annexation, and terminating proceedings. Upon a motion by Councilmember Moore, Resolution No. 181-86 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Adoption of Resolution No. 182-86 of the Council of the City of Bakersfield accepting and approving changes to modified Engineer's report for City of Bakersfield Assessment District No. 86-2. Upon a mo 182-86 of the Counc the following vote: tion by Councilmember Moore, Resolution No. il of the City of Bakersfield was adopted by Ayes: Counci Noes: None Absent: Counci Abstention: Counci lmembers Childs, Christensen, Salvaggio lmember Ratty lmember Dickerson Smith, Moore, Adoption of Resolution No. 183-86 of the Council of the City of Bakersfield ordering the acceptance of a portion of future streets dedicated for public use in Tract No. 1370, in the City of Bakersfield. Upon a mo 183-86 of the Counc the following vote: tion by Councilmember Moore, Resolution No. il of the City of Bakersfield was adopted by Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Adoption of Resolution No. 184-86 of the Council of the City of Bakersfield establish- ing the City Manager or his designee as the City representative on the Board of Directors of the Authority for Cali[oraia Cities Excess Liability. Upon a motion by Vice-Mayor Childs Resolution No. 184-86 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Bakersfield, California, December 3, 1986 Page 14 Adoption of Resolution No. 185-86 of the Council of the City of Bakersfield authorizing the execution and delivery of a Supplemental Indenture and a Supplemental Loan Agreement with respect to the City of Bakersfield, California, $4,900,000 Economic Development Revenue Bonds (Californian Convalescent Hospital Project), Series 1985 and authorizing the taking of all other actions necessary for the consummation of the transactions contem- plated by this Resolution. Upon a motion by Councilmember Moore, Resolution No. 185-86 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Letter Agreement with North Kern Water Storage District regarding use of Kern River water for exchanges. RECESS Upon Councilmember Dickerson's Childs recessed the meeting at ll:04 p.m. at 11:08 p.m. request, Vice-Mayor The meeting reconvened Upon a motion by Councilmember Moore, Letter Agreement with North Kern water storage district regarding use of Kern River water for exchanges was approved. Agreement for Transportation of Water by and between the North Kern Water Storage District and Cawelo Water District. Upon a motion by Councilmember Moore, Agreement for Transportation of Water by and between the North Kern Water Stor- age District and Cawelo Water District was adopted. Expansion of Couunty Juvenile Justice Center into Heritage Park. Upon a motion by Councilmember Dickerson, the expansion of County Juvenile Justice Center into Heritage Park was referred to the Intergovernmental Relations Committee. Amendment No. 1 to Agreement No. 86-88 Public Service Agreement Community Development Pro- ject. Upon a motion by Vice-Mayor Childs, Amendment No. 1 to Agreement No. 86-88 Public Service Agreement Community Development Project was approved. COUNCIL S'rATEMENTS Upon a motion by Councilmember Moore, the issue of whether to endorse or reconsider Kern Council of Government's ignation of the agency to be responsible to the Consolidated Transportation Services Agency was referred to the Budget and Finance Committee for review, with any recommendations to be brought to the Council at their next meeting. des- Bakersfield, California, December 3, 1986 Page 15 Upon a motion by Councilmember Moore, Item d. from the Consent Calendar, Plans and Specifications for widening the Oak Street Overpass between California Avenue and Truxtun Avenue was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Upon a motion by Councilmember Dickerson, consideration of a Resolution to CalTrans regarding the traffic problem at Oak Street and California Avenue was referred to staff. Upon a motion by Councilmember Dickerson, the Auditorium and Community Services Committee was directed to review the possi- bility of a Cultural Arts Commission, including a Motion Picture Commission. Upon a motion by Councilmember Dickerson, directed to send a memo to Councilmembers reminding for Christmas caroling around the Christmas tree in City Hall at 6:30 p.m. on December 17, 1986. staff was them to gather the lobby of Councilmember Christensen bring five canned food items for the 17, 1986. suggested each Councilmelnber CanTree Project on December Councilmember Salvaggio requested staff provide Council with a copy of IT's latest findings regarding depth of toxicity on City property near Garriott Crop Dusting. Councilmember Salvaggio spoke regarding the Governor's veto action on the Brown Act. Upon a motion by Vice-Mayor Childs staff was requested to report to the Council at their next meeting figures as to the cost of joining the National League of Cities. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Christensen, the meeting was adjourned at 11:40 p.m. ATTEST: MAYOR of the City of Bakersfield, Calif. CITY C~ERK ~n~Ex'~ft'icio Clerk of the Council of the City of Bakersfield, California df