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HomeMy WebLinkAbout11/19/1986 MINUTES CCBakersfield, California, November 19, 1986 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Workshop held in the City Hall Annex Building Conference Room at 5:19 p.m., November 19, 1986. The meeting was called to order by Mayor Payne. Present: Mayor Payne. Absent: None Councilmembers Childs (seated at 5:25 p.m.), Christensen, Smith, Ratty, Moore (seated at 5:22 p.m.), Dickerson, Salvaggio SOUTHEAST ENTERPRISE ZONE (SEEZ) Deputy City Manager Mary Strenn gave an overview of the material to be covered during the meeting. Principal Planner Paul Shillcock explained the history and marketing of SEEZ. The consensus of the Council was to have this subject discussed again in the near t'uture. AIRPARK This item was pulled t'rom the Agenda. 2,800 (ACRES) Community Service Manager Paul Dow presented a project report on the 2,800 Acres, including a history of the last ten years, what is presently taking place, and projections for the future. ADJOURNMENT There being no further business to come before the Council, Mayor Payne adjourned the meeting at 6:17 p.m. ATT E S T: MAYOR of the City of Bak6rsfield, Calif. CITY CLERK and Ex Officio Clerk of the of the City of Bakersfield, California Council Bakersfield, California, November 19, 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., November 19, 1986. by the of the The meeting was called to order by Mayor Payne, followed Pledge of Allegiance and Invocation by Reverend Steve Kaay 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, Salvagglo PRESENTATIONS Mayor Payne read a proclamation declaring November 19, 1986, as Police Officer Steven Fagot Day in the City of Bakers- field for his heroic actions in rescuing a victim from a burning structure. Councilmember Childs presented the Mayor's Eagle Plaque to Officer Steven Fagot. Fire Chief Needham presented the Fire Department Cita- tion Plaque and the City of Bakersfield Medal of Honor to Officer Steven Fagot. Police Chief Robert Price presented Officer Fagot with the Eagle Award and a framed copy of the proclamation declaring Novem-ber 19, 1986, as Police Officer Steven Fagot Day. Council. Police Officer Fagot expressed appreciation to the City RECESS Mayor Payne recessed the meeting at 7:15 p.m. The meet- ing was reconvened at 7:25 p.m. SCHEDULED PUBLIC STATEMENTS Barbara Don Carlos, Public Relations Coordinator, Bakers- field Board of Realtors, 331 18th Street, requested Council assis- tance and support for the Christmas Cantree Committee and their Board of Realtors Cantree Project. Board of Realtors President Ken Swanson explained the project and announced that the recipient t~is year would be the Golden Empire's Gleanors. Gleanor's representative John Lynch expressed apprecia- tion to the Board of Realtors for their efforts on this project. Mayor Payne stated that the Council has expressed defi- nite interest in the Cantree Project and that a representative from the Council would be in touch with the Board of Realtors. Robert Hardison, 1817 Nasti Acres, spoke in support of the "sport" of skateboarding. Retired Engineer Jim Jackson, 7801 Animas Court, spoke in support of a skateboard ramp in his neighborhood. Brando Pimienta, 715 Cypress Street, spoke in support of skateboard ramps. Chris Borst, 3705 Litchfield, spoke in support of skate- board ramps. Bakersfield, California, November 19, 1986 - Page 2 Patricia Borst, 3705 Litchfield, owner of the Litchfield skateboard ramp, submitted petitions urging the City Council to permit the continued operation of the skateboard ramp on Litch- field Drive and all other existing ramps. The petitions also ask that the Council not ratify the proposed recommendation to limit the size of future ramps, but rather impose regulations of con- struction and use which would eliminate the possibility of exces- sive noise. Edward T. Borst, 3705 Litchfield, spoke in support of skateboard ramps. Marc Scheible, 3613 Huachuca Way, spoke in support of skateboard ramps. Gary Moss, 7512 Hachita Court, suggested it would be equitable for people involved in skateboarding to meet with the City Planning Department in developing an ordinance regarding skateboard ramps. CORRESPONDENCE Upon a motion by Councilmember Moore, communication from Bakersfield City School District, 1300 Baker Street, dated Novem- ber 6, 1986, regarding Residential Development within the Bakers- field School District, was received and referred to the Planning Department. Upon a motion by Councilmember Childs, communication from NEDA, San Joaquin Valley, Inc., Bakersfield Minority Business Development Center, 1308 Chester Avenue, dated November 7, 1986, requesting Community Development Block Grant monies for the pur- pose of land acquisition in the Southeast Enterprise Zone, was received and referred to the Budget and Finance Committee. Upon a motion by Councilmember Ratty, communication from the Board of Realtors, dated November 19, 1986, expressing support for the Skateboard Ordinance, was received and referred to staff. REPORTS Councilmember Smith, Chairperson of the Intergovernmental Relations Committee, read Report No. 1-86 regarding naming of joint facilities. On October 17, 1986, the Intergovernmental Relations Committee discussed the issue of naming joint-owned City/County facilities. Based on these discussions, the committee developed the following policy: After discussing the issue, it is our recommenda- tion that the City and County adopt a policy of refraining from naming joint facilities after an individual, unless such a request comes from people of the community. In that instance, the request would be considered by each agency in accordance with current procedures. The committee recommends the acceptance and appro- val of the report and the adoption of this policy. Upon a motion by Councilmember Smith, the Report No. 1-86 from the Intergovernmental Relations regarding naming of joint facilities was accepted. reading of Committee Upon a motion by Councilmember Smith, the recommenda- tions of Report No. 1-86 from the Intergovernmental Relations Committee regarding naming of joint facilities were adopted. Bakersfield, California, November 19, 1986 - Page 3 Councilmember Ratty, Chairman of the Urban Development Committee, read Report No. 18-86 from the Urban Development Committee regarding requests to connect to the City's sewer system. On November 6, 1986 this Committee met to consider three requests for property located outside the City to con- nect to the City's sewer system. The requests were: 1) Klassen Corporation for property at the northwest corner of Quantico Avenue and Brundage Lane (All Automatic Transmission Service). 2) Ryder Truck Rental, Inc. for property located at 2929 East Brundage Lane. 3) Carl Elkins for property located at 3815 Stockdale Highway (two houses). All three properties are within the City's sphere of influence and adjacent to the City's boundaries. The first two are within an area being studied for annexa- tion and the owners have requested to be annexed. However, the third location is within an area that recently rejected annexation and the owner has not requested annexation. Therefore, this committee recommends that the City Council approve the requests of Klassen Corporation and Ryder Truck Rental to connect to the City's sewer system subject to the owners entering into an agreement to not oppose annexation to the City. Upon a motion by Councilmember Ratty, the reading of Report No. 18-86 from the Urban Development Committee, regarding requests to connect to the City's sewer system, was accepted. Upon a motion by Councilmember Ratty, the recommenda- tions of Report No. 18-86 from the Urban Development Committee regarding requests to connect to the City's sewer system were implemented. Councilmember Childs, Chairman of the Budget and Finance Committee, read an Interim Report from the Budget and Finance Committee regarding parade fees. At the last Council meeting, the Council referred the matter of parade fees to the Budget and Finance Committee. The committee has met and is working with staff on this issue. Staff is developing the process to determine the appropriate method for removing the parade fee from the ordinance. The committee will be bringing a final report back to the Council as soon as possible. Upon a motion by Councilmember Childs, from the Budget and Finance Committee regarding accepted. the Interim Report parade fees was Councilmember Childs, Chairman of the Budget and Finance Committee, read Report No. 35-86 from the Budget and Finance Committee regarding a request for additional street lighting on 17th Street. Bakersfield, California, November 19, 1986 Page 4 At the meeting of October 8, 1986, the City Council referred to the Budget and Finance Committee the issue of street lighting on 17th Street in the vicinity of the HiI1 House. The committee has met with Mr. Clay Kennaird, Manager of the Hill House, regarding his concerns over adequate street light- ing in the area surrounding his business and the feasibility of reactivating the old pedestal light- ing in that area. Stall responded to Mr. Kennaird's concerns by explaining that the old incandescent lighting sys- tem was inefficient, not energy efficient, and would require extensive costly renovation. These lights were abandoned several years ago and replaced with energy-efficient high pressure sodium lights. The newer lighting conforms to the City's current standards [or the provision of street lighting. Upon presentation of these facts, Mr. Kennaird was satisfied that the old incandescent lighting system could not be activated and has decided to install additional lighting in his parking lot at his own expense. Therefore, the committee recommends that no further action be taken at this time. Upon a motion by Councilmember Childs, the reading of Report No. 35-86 from the Budget and Finance Committee regarding the request for additional street lighting on 17th Street, was accepted. Upon a motion by Councilmember Childs, the recommenda- tions of Report No. 35-86 from the Budget and Finance Committee regarding the request for additional street lighting on 17th Street, were implemented. Councilmember Childs, Chairman of the Budget and Finance Committee, read Report No. 36-86 from the Budget and Finance Committee regarding 1986-87 Convention Bureau Contract. Over the past few months, the Budget and Finance Committee has met and discussed the 1986-87 Convention Bureau contract. The City provides funds to the Convention Bureau for the purpose of promoting conventions and providing convention ser- vices throughout the City of Bakersfield. The committee has met with representatives from the Convention Bureau, the hotel and motel industry, the Chamber of Commerce and others who have an interest in the promotion of conventions in Bakersfield. Several issues emerged regarding the marketing of Bakersfield as a convention center, including the makeup of the Convention Bureau Board to adequately represent the hotel and motel inter- ests in the community, and the long-term planning efforts of the Convention Bureau. Bakersfield, California, November 19, 1986 - Page 5 As a result of meetings between the Budget and Finance Committee and the Convention Bureau, the Bureau has agreed to several changes. These include addressing the membership issue by changing their by-laws to guarantee greater representation of hotel and motel interests, preparing both a long and short-term marketing strategy, and work- ing with the City to provide a unified marketing strategy for promoting the City of Bakersfield. Therefore, this committee recommends that the Mayor execute the attached agreement between the City of Bakersfield and the Bakersfield Convention Bureau for the fiscal year 1986-87. Upon a motion by Councilmember Childs, the reading of Report No. 36-86 from the Budget and Finance Committee regarding 1986-87 Convention Bureau Contract was accepted. Upon a motion by Councilmember Childs, the recommenda- tions of Report No. 36-86 from the Budget and Finance Committee regarding 1986-87 Convention Bureau Contract, were implemented. CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 3084 to 3355 inclusive, in the amount of $1,024,110.76. Claims for Damages and Personal Injuries from the following: Maria Rojas, 3535 South "H" Street; Felix Asencio, 905 Pacheco, #B; Hector Contreras, 9550 Caminos Street, and James Dickerson, 2813 Blade Avenue. (REFER TO THE CITY ATTORNEY) c. Dedication of Property: Street Right-of-Way Deed from Manuel Garcia and Louise Blanchietti for a portion of Leisure Street south of Panama Lane and east of Summerfield Drive. Quitclaim of a Water Line Easement to CPC Financial Corporation in exchange for a Water Line Easement from CPC Financial Corporation north of White Lane and east of Ashe Road. Street Dedication Storm Drain Easement and Water Line Easement from Tenneco Realty Development Corporation for Parcel Map 8096 located at the southeast corner of White Lane and Gasford Road. Public Utility Easement from Tenneco Realty Development for Parcel Map 7465 located at the intersection of Hillyer Way and Calder Lane. Bakersfield, California, November 19, 1986 - Page 6 d. Map and Improvement Agreement: Improvement Agreement for Parcel Map No. 8096 for four parcels on 47.5 acres located at the southeast corner of Gosford Road and White Lane. e. Notice of Completion and Acceptance of Work for the following projects: Resurfacing Gosford Road between District Boulevard and Westwold Drive, City Contract No. 86-95, was completed on November 5, 1986· Ashe Road resurfacing and Storm Drain Phase I, City Contract No. 86-114, was completed on November 3, 1986. Pavement repairs on South Union Avenue bet- ween South Chester Avenue and Planz Road, City Contract No. 86-113, was completed on November 6, 1986. Building demolition for parking lot con- struction at 16th Street and "H" Street, City Contract No. 86-43, was completed on November 7, 1986. Groundwater Recharge Area, Phase 2, All Weather Access, Contract No. 86-152, was completed on October 31, 1986. f. Approval of Plans and Specifications for the construction of the Burke Way Storm Drain. Approval of Plans and Specifications for the construction of the alley bounded by 14th Street, "K" Street, "L" Street and California Avenue. h. Agreement with Kern County for transfer of Recreational Equipment. i. Water Availability Fees Agreement with Marvin E. Steinert for Assessor's Parcel No. 116-090-33. j. Acceptance of Annual Financial Report for year ending 1986. Upon a motion by Councilmember Childs, Items a, b, c, d, e, f, g, h, i, and j of the Consent Calendar were adopted by the following vote: Ayes: Councilmembers Noes: None Absent: None Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, ACTION ON BIDS Upon a motion by Councilmember Moore, the low bid from Carmenira Truck Center, in the amount of $359,764.00, for refuse truck, was deferred to the December 3, 1986 Council meeting. Bakersfield, California, November 19, 1986 - Page 7 Upon a motion by Councilmember Moore, low bids from Anderson Turf Equipment for one item in the amount of $3,434.40; Kern Turf Supply for three items in the amount of $5,480.96; Motor Cultivator Co. for one item in the amount of $887.22; and Bob Hicks Turf Supply for one item in the amount of $558.62, were accepted. Upon a motion by Councilmember Childs, Beach Iron Works in the amount of $4,100.00 for burys, was accepted and all other bids rejected. low bid from Long fire hydrant Upon a motion by Councilme~nber Salvaggio, award to Groundwater Resources Industries/Multi-Construction, Inc. for removing and disposing of ten abandoned underground tanks at vari- ous locations on City-owned property was rescinded and the Finance Director was authorized to readvertlse for bids. DEFERRED BUSINESS Appointment of Members to serve on the "Central District Development Agency". In response to an inquiry from Mayor Payne, City Attor- ney Oberholzer stated that his office has looked at the relation- ship between the Council and this proposed independent agency, or appointed agency, with their consultants, and have reached the conclusion that if the Council is on the approval cycle of the Disposition and Development Agreement with the Redevelopment Agency, that once that Disposition and Development Agreement is approved by the Council, the Agency can carry out the functions of eminent domain without the necessity of that having to come back to the Council. Councilmember Dickerson recommended to the Council that -the development of this Central District Development Agency be postponed until it can be rationalized whether that agency would deal with eminent domain or deal with just Disposition and Development Agreements, etc. He felt until those questions are decided, a discussion of appointing ~nembers to this body and send- ing this agency to do this job, in his opinion, would amount to sending a kid loose in his candy store. He does not see the necessity to do this without answering these questions. Councilmember Moore made a motion that Council establish the Central District Development Agency as has been previously discussed and then implement the recommendation of appointments the Mayor has presented. RECESS Upon the request of Councilmember Dickerson, Mayor Payne called for a recess at 9:U0 p.m. The meeting was reconvened at 9:08 p.m. Councilmember Dickerson clarified his position by stat- ing that he supports a private redevelopment agency, but with the concept that its staff be private, that City staf~ not be utilized. Upon a motion by Councilmember Childs, the call for the question was unanimously approved. Councilmember Moore's motion to adopt a Resolution establishing the Central District Development Agency and implement the recommendations of appointment ~ailed by the following vote: Ayes: Councilmembers Smith, Ratty, Moore Noes: Councilmembers Childs, Christensen, Absent: None Dicke. rson, Salvaggio Bakersfield, California, November 19, 1986 - Page 8 Councilmember Dickerson commended Mayor Payne work on selection of potential appointees to the Central Development Agency. for his District NEW BUSINESS First Reading of an Ordinance 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. First Reading of an Ordinance 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 on the south side of Highway 178 west of Oswell Street. Adoption of Resolution No. 171-86 of the Council of the City of Bakersfield amend- ing the official list of designated spe- cial Speed Zones, pursuant to Section 10.24.010 of the Bakersfield Municipal Code (Monitor Street). Upon a motion by Councilmember Salvaggio, Resolution No. 171-86 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. 172-86 of the Council of the City of Bakersfield amen- ding the service boundaries of the City owned Fairhaven Water System. Upon a motion by Councilmember Childs, Resolution No. 172-86 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Smith, Ratty, Dickerson, Salvaggio Noes: None Absent: None Moore, Acceptance of a Petition and Waiver for Special Assessment Proceedings under the Majority Protest Act of 1931 - Assessment District No. 86-5. Councilmember Moore made a motion that acceptance of a Petition and Waiver for special assessment proceedings under the Majority Protest Act of 1931, Assessment District No. 86-5, be approved. Councilmember Moore made a motion to adopt Items e. through j. of New Business. Bakersfield, California, November 19, 1986 - Page 9 Upon a motion by Councilmember Ratty, the call for the question was unanimously approved. Mayor Payne restated that the main motion by Council- member Moore, is the only motion on the floor, for Council to accept a Petition and Waiver for special assessment proceedings under the Majority Protest Act of 1931. RECESS recessed p.m. Upon a request from Councilmember Dickerson, Mayor Payne the meeting at 9:42 p.m. The meeting reconvened at 9:50 Upon a motion Petition and Waiver for Majority Protest Act of approved. by Councilmember Moore, acceptance of a special assessment proceedings under the 1931, Assessment District No. 86-5, was Acceptance of Certificate of Sufficiency of Petition - Assessment District No. 86-5. Upon Sufficiency of proved. a motion Petition, by Councilmember Moore, Certificate of Assessment District No. 86-5, was ap- Adoption of Resolution No. 173-86 of Council of the City of Bakersfield, determining to undertake proceedings suant to Special Assessment and Assessment Bond Acts Assessment District No. 86-5. the pur- Upon a motion by Councilmember Christensen, Resolution No. 173-86 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson Noes: None Absent: Councilmember Salvaggio Smith, Ratty, Moore, Adoption of Resolution No. 174-86 of the Council of the City of Bakersfield describing proposed boundaries of Assessment District - Assessment District No. 86-5. Upon a motion by Councilmember Christensen, Resolution No. 174-86 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson None Councilmember Salvaggio Smith, Ratty, Moore, Adoption of Resolution No. 175-86 of the Council of the City of Bakersfield appointing Engineer of Work and approving Agreement with Willdan Associates for engineering services - Assessment District No. 86-5. Bakersfield, California, November 19, 1986 - Page 10 Upon a motion by Councilmember No. 175-86 of the Council of the City of by the following vote: Christensen, Resolution Bakersfield was adopted Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, None Councilmember Salvaggio Smith, Ratty, Moore, Adoption of Resolution No. 176-86 of the Council of the City of Bakersfield appointing attorney and approving Agreement with Richard C. Hargrove for legal services - Assessment District No. 86-5. Upon a motion by Councilmember Christensen, Resolution No. 176-86 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, None Councilmember Salvaggio Smith, Ratty, Moore, Approval of Agreement with Bank of America NT & SA to provide fiscal agent services for Assessment Districts No. 86-2 and 86-3. Upon a motion by Councilmember Moore, agreement with Bank of America NT & SA to provide fiscal agent services for Assessment District Nos. 86-2 and 86-3 was approved and the Mayor authorized to execute the agreement, with Councilmember Salvaggio absent. Personnel Manager Classification. Following discussion, Councilmember Christensen called for the question. No action was taken on this motion. Upon a motion by Councilmember Ratty, Personnel Classification was received and referred to the Personnel Committee. Manager Approval of Contract Change Order No. 1 for construction of the Buena Vista Sewer Trunk - Assessment District No. 86-2. Upon a motion by Councilmember Childs, Contract Change Order No. 1 for construction of the Buena Vista Sewer Trunk, Assessment District No. 86-2 was approved and the Mayor author- ized to execute the contract by the following vote: Ayes: Noes: Absent: Abstaining: Councilmembers Childs, Christensen, Moore, Salvaggio None None Councilmember Dickerson Smith, Ratty, First Reading of an Ordinance of the Council of the City of Bakersfield adding Section 17.66.020 B.13 to the Bakersfield Municipal Code relating to skateboard ramps. ?;76 Bakersfield, California, November 19, 1986 - Page 11 Councilmember Childs made a motion to take no action on this ordinance at this particular time, but that Council direct the City Manager's Office and the City Attorney's Office to meet with the proponents, as they have with the opponents of this skate- board ramp, and see if they can come up with an ordinance that would be a little different than this and accomodate everyone. Councilmember Childs restated his motion, that this item be continued for two weeks, until December 3, 1986, and in the mean- time, have City staff get with these individual homeowners and see if they can work out an equitable solution. Mayor Payne restated Councilmember Child's motion, to postpone any action for two weeks. Councilmember Salvaggio requested staff look into speci- fying only one skateboard ramp per residence and that there be time restrictions included in ~he ordinance. Upon a motion by Councilmember Moore, permission was granted for Councilmember Moore to direct questions to Mr. Borst. Councilmember Moore made a substitute motion to accept the first reading of this ordinance, adopt an amortization period after which the ramp would cease to be a legal, nonconforming use and its removal could be required under the C~ty's zoning regula- tions, as indicated in City Attorney's memo, and explore the methodology; and staff work with both parties to attempt to reach a satisfactory compromise. Upon a motion by Councilmember Smith, permission was granted for Councilmember Smith to direct questions to Brando Pimienta. Upon a motion by Councilmember Smith, permission was granted to recognize David Milazzo. Upon a substitute motion by Councilmember Moore, first reading was given on an Ordinance adding Section 17.66.020 B.13 the Bakersfield Municipal Code relating to skateboard ramps, by the following vote: to Ayes: Noes: Absent: Councilmembers Christensen, Smith, Ratty, Salvaggio Councilmembers Childs, Dickerson None Moore, Due to the absence of Mayor Payne, Vice-Mayor Childs chaired the meeting at 10:55 p.m. COUNCIL STATEMENTS Upon a motion by Councilmember Christensen the issue of the rat problem in Bakersfield was assigned to the Intergovernmental Relations Committee to pursue through Mike Sides and the Kern County Health Department. Councilmember Smith requested staff to come back to the Council with a recommendation regarding lifeline for garbage fees for the elderly and families who are out of town for a portion of the year. Councilmember Dickerson requested staff to research the difference in garbage fees for families and the elderly single. Deputy City Manager Strenn requested Council call a Special Meeting of both the Redevelopment Agency and the Council for the purpose of setting the date of hearing for a Resolution of Necessity for the Hotel Project. Bakersfield, California, November 19, 1986 Page 12 CLOSED SESSION Upon a motion by Vice-Mayor Childs, the Council ad- journed to a Closed Session at 11:10 p.m., pursuant to Government Code Section 54956.9, for the purpose of discussing personnel matters. The Council called a Special Meeting for November 25, 1986, at 5:15 p.m. for the purpose of adopting a Resolution setting a date of hearing for a Resolution of Necessity for the Hotel Project. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Christensen, the meeting was adjourned at 12:00 a.m. ATTEST: MAYOR of the City of Bakersl~ield, Calif. CITY CLERK and Ex OI'I'icio Clerk of the Council of the City of BakersI'ield, California