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
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