HomeMy WebLinkAbout03/19/1986 MINUTES CCBakersfield, California, March 19, 1986
Minutes of a continued meeting of March 12, 1986,
Council of the City of Bakersfield, California, held in the
Council Chambers of City Hall at 6:00 p.m., March 19, 1986.
of the
The meeting was called to order by Mayor Payne.
The City Clerk called the roll as follows:
Present: Mayor Payne.
Councilmembers
Christensen, Dickerson,
Moore, Ratty, Salvaggio,
Smith, Childs
Absent: None
CITY ATTORNEY'S OFFICE
Councilmember Salvaggio made a motion to direct the City
Attorney's Office to provide each Councilmember with a written
summary report of the City's liability including Workman's Compen-
sation to be presented on a quarterly basis; to provide on a
monthly basis and at Executive Session copies of the computer list
of all claims and cases filed against the City of Bakersfield, its
officers and employees, and after review of these lists in Execu-
tive Session, Councilmembers will return the list to the City
Attorney in order to maintain confidentiality of these claims and
lawsuits; to maintain the current contractual relationship or
Joint Powers Agreements but prohibit City Attorney staff from
working for the other cities on City time or during norma] working
hours; and pursuant to the City Attorney's Office recommendation,
the Council direct the City Manager to contract for an audit by a
qualified firm with some legal expertise to review the functions
and staffing of the City Attorney's Office.
Councilmember Dickerson made a substitute motion to
divide Councilmember Salvaggio's motion into three parts and vote
on them separately. This motion was defeated by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Christensen, Dickerson, Childs
Councilmembers Moore, Ratty, Salvaggio, Smith
None
Mayor Payne restated Councilmember Salvaggio's motion to
direct the City Attorney's Office to provide a written summary
relative to item #1 on a quarterly basis and to provide the
Council with a copy of a computer list of those particular items in
executive session on a monthly basis; to maintain current contract
relations with the understanding that no City Attorney, no member
of this staff, will provide outside services on normal working time
at the city; and direct City Manager Caravalho to enter into
contract for an outside audit by a qualified firm with some legal
expertise. This motion was approved by the following roll call
vote:
Ayes: Councilmembers Dickerson, Moore, Ratty,
Noes: Councilmembers Christensen, Childs
Absent: None
Salvaggio, Smith
Councilmember Christensen qualified his no vote stating he
voted the wish of his constituents.
Councilmember Dickerson qualified his yes vote stating
that the motion was two-thirds correct, but that he intends to
bring up the issue of City Attorney staff working outside City
government at the beginning of the new budget year.
Councilmember
City Attorney's Office,
substance.
Ratty stated that he has confidence in the
and that these comments are without
Bakersfield, California, March 19, 1986 - Page 2
Councilmember Childs clarified his no vote stating that
he had concerns regarding the deep pocket effect.
Councilmember Ratty made a motion that Council go on
record as supporting the City Attorney's Office with its full con-
fidence. This motion was approved with Councilmember Dickerson
voting no.
Mayor Payne stated he supports the City Attorney one
hundred percent and so do all without the constituents that have
contacted him, without exception.
Councilmember Dickerson stated he would reserve his vote
until the City Manager has had an opportunity to review the City
Attorney's Office, and then discuss how well the City Attorney is
doing, but based upon that it is a popularity poll.
Councilmember Childs stated that he has concerns with
the items he brought up and it has nothing to do with his belief
that the City Attorney's Office is run competently.
ADJOURNMENT
Mayor Payne advised
would be discussed during the
Presentations.
that the issue of the Sign Ordinance
regular meeting following
There being no further business to come
Council, upon a motion by Councilmember Dickerson,
adjourned at 6:40 p.m.
before the
the meeting was
ATTEST:
MAYOR of the City of Bakersfield, Calif.
CITY'CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
CW:rg
Bakersfield, California, March 19, 1986
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 p.m., March 19, 1986.
The meeting was called to order by Mayor Payne, 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: Mayor Payne.
Councilmembers Dickerson, Moore, Ratty,
Salvaggio, Smith, Childs,
Christensen
Absent: None
PRESENTATIONS
Police Chief Price presented Mr. Wayman Bright with a
Letter of Appreciation and Commendation from the City of
Bakersfield for his efforts in rescuing an abandoned new-born baby
at Patriots Park.
Councilmember Dickerson presented Mr. Wayman Bright with
the Mayor's Eagle Award.
Police Chief Price presented Mr. Wayman Bright with a
Plaque from the Police Department for his swift action, keen
vision, and courage.
Mayor Payne presented Mr. Bright with a Medal of Honor.
Police Chief Price presented Mr. Maurice Gray with
Letter of Appreciation and Commendation from the City of
Bakersfield for assisting an officer in pursuit of a fleeing
suspect in which he was assaulted by the suspect.
Councilmember Childs presented Mr. Gray with the Mayor's
Eagle Award.
Police Chief Price presented Mr. Gray with a Plaque for
his outstanding service to the City of Bakersfield.
Mayor Payne presented Mr. Gray with a Medal of Honor.
Police Chief Price presented Hiram Nadir-Muslim EI-Amin
with a Letter of Appreciation and Commendation from the City of
Bakersfield for assisting in the arrest of an armed robbery
suspect.
Councilmember Salvaggio presented Mr. EI-Amin with the
Mayor's Eagle Award.
Police Chief Price presented Mr. EI-Amin with a Plaque
from the Police Department for his outstanding service to the City
of Bakersfield.
Fire Chief Needham presented Mr. Charles Homan with a
Letter of Appreciation and Commendation from the City of
Bakersfield for saving Mrs. McGill from her burning home on
December 29, 1985.
Councilmember Christensen presented Mr. Homan with the
Mayor's Eagle Award.
Fire Chief Needham presented Mr. Homan with a Plaque
in recognition for his swift action, keen vision, and courage.
Fire Chief Needham presented Mr. Homan with a Medal of
Honor.
Bakersfield, California, March 19, 1986 - Page 2
Fire Chief Needham presented Mrs. RaNelle Wallace with a
Letter of Appreciation and Commendation from the City of
Bakersfield for her bravery and courage in saving the lives of Mrs.
Patricia Babcock and her two young daughters from a fire which
engulfed their home on February 27, 1986.
Councilmember Smith presented Mrs. Wallace with the
Mayor's Eagle Award.
Fire Chief Needham presented Mrs. Wallace with the Fire
Department's Citation Plaque and Medal of Honor.
Mayor Payne presented Mrs. Wallace with 13 long-stemmed
American red roses, the thirteenth because she is extraordinary.
Fire Chief Needham introduced Mr. Terry Wallace, and
indicated what a good example this couple is to the City.
Mrs. RaNelle Wallace thanked the Council and community
for their love and compassion.
Police Chief Price stated, with regard to crime, there
are three American heroes representing everything that society
ought to be.
Fire Chief Needham commended everyone for their acts and
bravery exhibited.
Councilmember Christensen stated he loves everything the
has seen tonight.
Councilmember Salvaggio stated he was proud of the
Council; thanked Mayor Payne for putting it together; and
stated these outstanding individuals have made Bakersfield a
better place to live.
part of
better.
Councilmember Smith stated she felt privileged to be a
this ceremony, and agreed that this has made Bakersfield
Councilmember Childs thanked the Mayor for putting
ceremony together; that Bakersfield is very fortunate to have
people such as these that can be honored; and thanked the
honorees.
the
Councilmember Ratty thanked the Mayor for bringing the
community closer together.
Councilmember Moore agreed with the comments of all the
Councilmembers, and stated that what is great about Bakersfield is
the people of Bakersfield.
Councilmember Dickerson stated that these people are the
great stuff of this community and our country and felt privileged
to have the opportunity to participate in this ceremony.
Mayor Payne agreed with Councilmember Moore, and stated
that the city's greatest asset is the people. He stated that five
of the very finest are here this evening. He came to his office
early today and by 8:10 a.m. and at the request and direction of
several concerned citizens, the RaNelle Wallace Trust Fund Account
was opened at Wells Fargo Bank. He stated that the newspaper
article written by Diane Hardisty was such a wonderful story
regarding RaNelle Wallace that it touched the hearts of the people
in the community. By 8:30 a.m., San Joaquin Hospital had contri-
buted $1,000.00. He stated phone calls and media inquiries have
been recieved. Prayer groups have been formed from as far away as
San Jose and Los Angeles, and that nine prayer groups have been
formed in Bakersfield.
Bakersfield, California, March 19, 1986 - Page 3
Mayor Payne thanked Police Chief Price and Fire Chief
Needham for their support and involvement. He thanked Diane
Hardisty, Tom Maurer and the Bakersfield Californian for the
positive recognition they have brought to the community.
Mayor Payne further outlined the inquiries and support
which will be forthcoming from concerned individuals and busi-
nesses.
RECESS
Mayor Payne called for a 15-minute recess
taking and interviews of the honorees at 7:40 p.m.
reconvened at 8:10 p.m.
for picture
The meeting was
Upon a motion by Councilmember Childs, the issue of the
Sign Ordinance will be heard at this time.
SIGN ORDINANCE
Councilmember Ratty made a motion to direct the City
Attorney to prepare an amendment to the Sign Ordinance as follows:
Any permanent sign existing as a non-conforming sign as defined in
the Sign Ordinance, and required to be removed on or before January
14, 1986, and any sign permitted by special sign permit, the remo-
val of which was conditional upon removal of a non-conforming
sign, sh~ll be allowed to remain unless otherwise modified by
ordinance by obtaining a renewable annual conditional sign permit
unless such a sign is subject to removal as provided in Sections
17.60.260F1-6 dealing with change of ownership or business, etc.
Councilmember Christensen made a substitute motion to
grandfather everything that a permit has been issued to prior to
tonight's action, and from that,point, they can follow the Sign
Ordinance if they want to.
Councilmember Christensen made a motion to recess the
meeting for thirty minutes. This motion was defeated.
individua
following
Councilmember Christensen made a motion to recognize an
to address the Council. This motion was approved by the
roll call vote:
Ayes: Councilmembers Dickerson, Salvaggio,
Noes: Councilmembers Moore, Ratty, Smith
Absent: None
Childs,
Christensen
William H. Davies, property owner on "F" Street, com-
mended the Council on the presentation to the honorees tonight,
and requested that the record reflect his concern as to whether or
not there may be a conflict of interest with regard to
Councilmember Ratty being a business owner in the city.
Upon a motion by Councilmember Childs, the call for the
question was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Dickerson, Moore,
Councilmembers Salvaggio, Smith,
None
Ratty, Childs,
Christensen
Mayor Payne restated Councilmember Christensen's substi-
tute motion to grandfather in every existing sign for which a per-
mit has been issued prior to this evening and all sign permits
issued from this point on would come into compliance with the new
ordinance. This motion was defeated by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmembers Dickerson, Christensen
Councilmembers Moore, Ratty, Salvaggio,
None
Smith, Childs
Bakersfield, California, March 19, 1986 Page 4
Councilmember Ratty's motion to direct the City Attorney
to prepare an amendment to the Sign Ordinance as follows: Any
permanent sign existing as a non-conforming sign as defined in the
Sign Ordinance and required to be removed on or before January 14,
1986. and any sign permitted by special sign permit, the removal
of which was conditional upon removal of a non-conforming sign,
shall be allowed to remain unless otherwise modified by ordinance
by obtaining a renewable annual conditional sign permit unless
such a sign is subject to removal as provided in Sections
17.60.260F1-6 dealing with change of ownership or business, etc,
was defeated by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Moore, Ratty, Smith
Councilmembers Dickerson, Salvaggio,
None
Childs,
Christensen
Councilmember Childs made a motion to recognize anyone
wishing to speak before the Council. This motion was unanimously
approved.
Jim Dale, Dales Restaurant Supply, 2001 Union Avenue,
spoke in support of a grandfathering clause.
Betty Marchand, 314 Chester Avenue, Hazel's Dress Shop,
stated that it was very important that these signs stay on the
buildings.
John Harrer, Cay Health Foods, 902 18th Street, spoke in
opposition to the Sign Ordinance.
Mike Sceales, 6507 Caswell, Sceales Insurance, spoke in
opposition to the Sign Ordinance.
Harold Brown, owner of B & D Break Parts, 200 E. 19th
Street, spoke in opposition to the Sign Ordinance.
Councilmember Childs requested that Mr. Brown's concerns
be referred to staff.
Councilmember Dickerson made a motion to circulate the
list and allow people to decide whether they want to speak. This
motion was defeated.
Joe Gottlieb, owner of a seat-cover shop on 24th Street,
spoke in opposition to the Sign Ordinance.
Larry Darnell, manager of a business on 21st Street, spoke
in opposition to the Sign Ordinance.
Greg Iger, businessman, suggested the possibility of a ta~
credit for those who will lose when they take down their signs.
Chuck Jimerson, operator of Holden Truck Plaza,
expressed concern regarding governmental regulation, and
opposition to the Sign Ordinance.
spoke in
Milton Miller, owner of the Padre Hotel, spoke in oppo-
sition to the Sign Ordinance.
RECESS
Upon request of Councilmember Childs, a five-minute
recess was held at 9:40 p.m. The meeting was reconvened at 10:00
p.m.
Otho George, pharmacist, Cal Chester Drugs, spoke in
opposition to the Sign Ordinance
Bakersfield, California, March 19, 1986 - Page 5
Councilmember Dickerson made a motion to delete Section
17.60.260F1-6 of the Sign Ordinance and grandfather in all signs
prior to 1976.
Councilmember Moore made a substitute motion to direct
the City Attorney to prepare an amendment to the Sign Ordinance as
follows: Any permanent sign existing as a non-conforming sign as
defined in the Sign Ordinance and required to be removed on or
before July 14, 1986, and any sign permitted by special sign
permit, the removal of which was conditional upon removal of the
non-conforming sign, shall be allowed to remain unless otherwise
modified by ordinance by obtaining a renewable annual conditional
sign permit unless such sign is subject to removal as provided in
Section 17.60.260F1-6 dealing with change of ownership or busi-
ness, etc., and to abandon special sign permits as part of the
ordinance. This motion was defeated by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmembers Moore, Ratty, Smith
Councilme~nbers Dickerson, Salvaggio,
None
Childs,
Christensen
Councilmember Dickerson's motion to delete Section
17.60.260F1-6 of the Sign Ordinance and grandfather all signs
prior to 1976 was defeated by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Dickerson, Christensen
Councilmembers Moore, Ratty, Salvaggio,
None
Smith, Childs
Councilmember Childs made a motion to adopt the Sign
Ordinance Code with a grandfather provision dating back to 1976,
all businesses in existence at this time who have special sign
permits be grandfathered in and the effective date of the ordi-
nance there will be no more special permits whatsoever, and a com-
mittee be formed including Councilmembers Childs and Salvaggio and
the City Manager to meet and deal with maintaining or deleting the
entire Section.
Mayor Payne restated Councilmember Childs' motion to
adopt the Sign Ordinance with a grandfather provision of all busi-
nesses prior to 1976 to be grandfathered in and all businesses who
were in compliance with the Sign Oridinance or were in possession
of a special permit at that time also be grandfathered; and to
form ~ committee comprised of Councilmembers Childs and Salvaggio,
and the City Manager to retain or delete the entire section or
portion of Section 17.60.260F1-6.
City Attorney Oberholzer questioned if Councilmember
Childs' motion would be what Councilmember Moore is suggesting
except instead of an annual renewal fee for Sign Permit, that they
obtain a conditional sign permit once, and to study the removal
requirement as a result of change of ownership, etc., which is
presently in the ordinance, with a recommendation back to the
Council immediately.
Bakersfield, California, March 19, 1986 Page 6
Councilmember Salvaggio made a substitute motion to
direct the City Attorney to prepare an amendment to the Sign
Ordinance as follows: Any permanent sign existing as a non-
conforming sign as defined in the Sign Ordinance and required to
be removed on or before July 14, 1986, and any sign permitted by
special sign permits, the removal of which was conditional upon
removal of this non-conforming sign, shall be allowed to remain
unless otherwise modified by ordinance by obtaining a renewable
annual conditional sign permit with a fee set at $10.00 annually,
unless such sign is subject to removal as provided in Sections
17.60.260F1-6 dealing with change of ownership or business; to
direct the City Attorney to prepare an amendment that would add a
seventh item to this Section language protecting those signs that
would be deemed landmarks historically; further, there would be no
more special sign permits granted in the future which require a
change in 1985 Sign Ordinance revision, and that painted signs
should be required to have permits as do other sign types; and
finally, that the 25-foot setback provision in the Sign Ordinance
is modified to be less restrictive.
Councilmember Christensen requested that the motion be
restated.
Mayor Payne restated the motion to direct the City
Attorney to prepare an amendment to the existing Sign Ordinance as
follows: Any permanent sign existing as a non-conforming sign as
defined in the Sign Ordinance and required to be removed on or
before July 14, 1986, and any sign permitted by special sign permit,
the removal of which was conditional upon the removal of the non-
conforming sign, shall be allowed to remain; an additional protec-
tive clause to protect landmark and historic signs will be included;
to include that no special sign permits shall be issued and that the
25-foot setback could be modified by the Planning Director, staff
discretion; an annual fee of $10.00 would be included in the
Ordinance; and painted signs would be included and require permits
as all other signs are. This motion was approved by the following
roll call vote:
Ayes: Councilmembers Moore, Ratty, Salvaggio, Smith,
Noes: Councilmembers Dickerson, Childs, Christensen
Absent: None
RECESS
Councilmember Ratty made a motion to recess the meeting.
Councilmember
recess for 30 minutes.
roll call vote:
Christensen made a substitute motion to
This motion was defeated by the following
Ayes: Councilmembers Sa]vaggio,
Noes: Councilmembers Dickerson,
Absent: None
Christensen
Moore, Ratty,
Smith, Childs
Upon a motion
recessed for 15 minutes
11:10 p.m.
by Councilmember Dickerson, the meeting was
at 10:50 p.m. The meeting was reconvened at
MINUTES
Upon a motion by Councilmember Moore, the minutes of the
regular meeting of February 19, and Council Workshop of February 26,
1986, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Herbert Moore, 5305 Crystal Springs Drive, expressed con-
cern regarding the Drillco Property and that he felt the property
should not have been zoned for Light and General Manufacturing.
Bakersfield, California, March 19, 1986 Page 7
City Manager Caravalho indicated that he would work with
Mr. Moore and would look at everything possible to mitigate the
impact on Mr. Moore, and bring a report back to Council.
CORRESPONDENCE
Upon a motion by Councilmember Ratty, communication from
Wayne L. Vaughn, Sr., P.O. Box 2353, dated February 26, 1986,
requesting amendment to the General Plan for six acres located at
the southwest corner of Alien Road and Stockdale Highway, and com-
munication from Watson Commercial Real Estate Services, 2100 "H"
Street, dated March 5, 1986, requesting abandonment of a portion of
an alley located between 19th and 20th Streets adjacent to the west
side of Union Avenue within Block 220 of "Godey Tract", were
received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilmember Ratty, Management and
Internal Accounting Control recommendations from Price Waterhouse,
dated June 30, 1985, and City Staff response to the recommendations,
were received and referred to the Budget and Finance Committee.
Upon a motion by Councilmember Childs, communication from
the Bakersfield Art Foundation regarding approval of their Board of
Trustees for Management of Cunningham Art Gallery, was received and
referred to the Auditorium Committee.
Upon a motion by Councilmember Moore, communication from
Highland Towing & Salvage Pool Service, Inc., 2216 Coy Avenue, dated
February 10, 1986, requesting a rate increase was received and
referred to the Budget and Finance Committee.
Upon a motion by Councilmember Moore, communication from
Kern Delta Water District, P.O. Box 155, Del Kern Station, dated
March 14, 1986, regarding charges for services rendered and
requesting a meeting with a Council Committee, was received and
referred to Water Resources Committee.
COUNCIL STATEMENTS
Councilmember Smith indicated she intends to reappoint
Susan Weaver and David Milazzo to the Planning Commmisssion.
Upon a motion by Councilmember Dickerson, the City
Attorney was directed to report back on how to proceed with eminent
domain proceedings on the 6-acre parcel to be used as a park site at
Harris and Akers Roads, by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Dickerson, Moore,
Councilmembers Ratty, Childs
Councilmember Christensen
Sa]vaggio, Smith,
Councilmember Childs clarified his vote stating that he
was remiss for not getting additional information prior to the vote.
REPORTS
Councilmember Moore, Chairman of the Water Resources
Committee, read Report No. 1-86, regarding Canal Fencing -
Ordinance Amendment, as follows:
During the past six months, staff has been meeting
and/or discussing with representatives of local
water districts and the Kern County Water Agency
the City's ordinance requirements for canal
fencing, our staff seeking compliance with such
requirements, theirs seeking repeal or modification
of that ordinance.
Bakersfield, California, March 19, 1986 Page 8
As a result of such meetings/discussions, staff has
recommended, and this committee has agreed to sup-
port, amendment of the existing ordinance (1) to
legalize fences four feet in height existing prior
to September 1, 1983 (the ordinance now requires
such fences be five feet in height to be legal),
(2) to eliminate the existing requirement for self-
closing and self-latching gates provided that gates
shall be unlocked only while authorized represen-
tatives of the owner of the canal are present, and
(3) to permit barbed-wire on such fences,
regardless of zoning district.
An ordinance to accomplish these changes is
attached. (It does not alter the requirement that
all canal fencing constructed after August 31,
1983, be not less than six feet in height.)
The Committee is of the opinion that by legalizing
existing four-foot-high fencing, instead of
insisting that such fencing be replaced by a five-
foot-high fence, we will not be compromising public
safety. A four-foot fence, if properly maintained
(the canal owner's responsibility) is as sufficient
in keeping out small children as a similarly main-
tained five-foot fence. However, as long as the
ordinance reQUires a five-foot fence, canal owners
face additional potential liability for having
four-foot fences.
By adopting the attached ordinance, the Council
would show both reasonableness and cooperation. It
will remain to work out with Kern Delta Water
District its compliance with the fencing require-
ments. Most of that District's canal system in the
City remains unfenced. The Committee has asked
staff to schedule a meeting of the Committee with
Kern Delta representatives to review the situation.
We shall report to the Council the results of such
meeting.
RECO~iMENDATION: The Committee recommends that the
Council by approval of this Report introduce for
first reading the attached ordinance.
Upon a motion by Councilmember Moore, Report No. 1-86
from the Water Resources Committee regarding Canal Fencing -
Ordinance Amendment, was accepted, the recommendations approved,
and the Ordinance was given first reading.
Councilmember Ratty, Chairman of the Urban Development
Committee, read Report No. 6-86 regarding use of Assessment Bonds
or other public financing mechanisms to finance construction or
acquisition of public improvements required with subdivisions, as
follows:
On February 3, 1986, an experienced and
knowledgeable assessment engineer addressed this
Committee and reviewed assessment bond and
Mello-Roos procedures, advantages and issues.
Following that meeting, the Committee directed
staff to discuss the matter with the local develop-
ment community and to obtain its input. On
February 27, 1986, staff met with representatives
of the Building Industry Association of Kern
County, local engineers, surveyors and property
developers and presented to that group the major
components of the policy set forth below. That
group unanimously endorsed the proposed policy and
encouraged its implementation.
Bakersfield,
California,
March 19,
1986 - Page 9
Many jurisdictions allow use of these funding
mechanisms. As Richard Hargrove advised the
Council during the workshop held February 26th, the
City and its credit rating can be fully protected
if use of such proceedings are directed by
knowledgeable staff and consultants. All up-front
costs should be advanced by subdividers and all
City expenses can be recouped upon completion of
proceedings.
By allowing use of these funding mechanisms, the
City can (1) better coordinate infrastructure
availability as the City expands, (2) make econo-
mies of scale available to smaller developers, and
(3) insure that improvements meeting the City's
requirements of design and quality are installed at
no net increase in cost to the eventual home-buyer.
In fact, depending on the specific project
involved, some potential savings resulting from
lower interest rates may be achieved.
RECOMMENDATION: The Committee recommends that the
Council adopt the attached policy.
Upon a motion by Councilmember Ratty, Report No. 6-86
from the Urban Development Committee regarding use of Assessment
Bonds or other public financing mechanisms to finance construction
or acquisition of public improvements required with subdivisions,
was accepted and the recommendations approved. Councilmember
Dickerson abstained.
Deputy City Manager Strenn read Report No. 7-86 from the
City Manager, regarding Council Rings, as follows:
Staff recently received an inquiry about the City
purchasing council rings for Councilmembers. Staff
researched the issue to determine if the City had
any policy in this regard.
It was determined that on June 18, 1980, the City
Council did authorize staff to purchase a gift for
any Mayor or Councilmember who leaves office. This
directlye is still in effect. Staff does not
appear to have any other authority to purchase
rings for Councilmembers currently in office.
Some Councilmembers, however, have already received
Council rings. Staff recommends that Council con-
sider reviewing this policy to determine if it
should be amended.
Councilmember Salvaggio made a motion to adhere to the
June 18, 1980 policy and direct staff to draw up a policy stating
that when Councilmembers leave office, they would receive a ring.
Councilmember Childs made a substitute motion to con-
tinue the policy set since that time and continue to give the
Councilmember rings after one year of service.
Councilmember Dickerson requested that staff contact
Mary K. Shell and be sure she has the opportunity to receive a
ring, and that Mayor Payne could present it to her privately.
Councilmember Childs' substitute motion that the policy
set since that time should be continued and to give the
Councilmember rings after one year of service was unanimously
approved.
Bakersfield, California, March 19, 1986 Page 10
Deputy City Manager Strenn read Report No. 8-86 from the City
Manager regarding Rancho Laborde, as follows:
The Rancho Laborde Annexation to the City of
Bakersfield was approved by the Local Agency
Formation Commission on March 11, 1986. This
includes an area of approximately 3,000 acres pri-
marily between the Kern River and Norris Road,
Calloway Drive and Coffee Road and an eastern area
between Fruitvale Avenue and Coffee Road south of
Avondale Estates to Meany Avenue. As we are now in
the last few months of the process, many related
items will be brought to the City Council for
approval and adoption. These include amendments to
the Rancho Laborde Specific Plan and general plan
for the same area, Development Agreement with Jean
and Madonna Laborde, Acquisition Agreement for
Sewers, Acquisition Agreement for Water System,
Assessment Districts for Public Improvements and
Agreement with the North Bakersfield Park and
Recreation District. The Planning Commission, as
required by law, has scheduled public hearings on
the first three items for March 20, 1986.
Following those, it will make its recommendation to
the City Council to be considered in the Council's
own review.
Due to the volume of documents concerning future
development and the complexity of their rela-
tionships, it is recommended that they be referred
to the Urban Development Committee for review and
recommendation.
Upon a motion by Councilmember Moore,
from the City Manager regarding Rancho Laborde,
the Urban Development Committee for review and
Report No. 8-86
was referred to
recommendation.
Councilmember Childs, Chairman of the Budget and Finance
Committee read Report No. 7-86 regarding Transfer of property from
Separation of Grade District to the City, as follows:
On February 19, 1986, the City Council referred to
the Budget and Finance Committee a request from the
Greater Bakersfield Separation of Grade District to
transfer title for grade separations which were
constructed in cooperation with the City. These
include the Chester Avenue underpass at the Santa
Fe railway tracks, the Beale Avenue overcrossing at
the Southern Pacific tracks, and the Truxtun Avenue
overcrossing at Union Avenue. The bonded indebted-
ness voted to build these grade separations has
been paid, and the City currently maintains these
separations and their approaches.
The committee has met with staff to review the pro-
posed transfer of real property and any impacts the
transfer may have on City operations. The commit-
tee has determined there are no significant impacts
as a result of the proposed transfer of property
and that it is in the interest of the City to exe-
cute the proposed transfer. Therefore, the commit-
tee recommends that the transfer of real property
as requested by the Greater Bakersfield Separation
of Grade District be approved.
Upon a motion by Councilmember Childs, Report No. 7-86
from the Budget and Finance Committee regarding Transfer of pro-
perty from Separation of Grade District to the City, was accepted
and the recommendations implemented.
Bakersfield, California, March 19, 1986 - Page 11
Councilmember Childs, Chairman of the Budget and Finance
Committee read Report No. 8-86, regarding Five-Star Parking Plan at
the 17th and "G" Street Parking Lot, as follows:
On March 11, 1986, this committee discussed the
impacts of entering into a contract with Five Star
Parking to manage the City-owned parking lot at
17th & G Streets. It was determined that by
entering into this contract, savings would be
realized by the City in the reduction of staff time
required to maintain and administer the subject
lot.
Five Star Parking has agreed to manage the facility
for $1.00 per space plus the costs. It is antici-
pated that this management contract and the cost of
labor would be approximately $600.00 per month.
All but 19 of the spaces are curreatly leased.
This would provide a projected net income of
approximately $1,800.00 to the City.
This committee carefully weighed the pros and cons
of leasing the remaining 19 spaces on a monthly
basis, and while there is a significant demand for
additional spaces, we were also able to determine
that several organizations were desirous of the
spaces remaining open to the general public for
short term metered parking.
We, therefore, recommend that these spaces remain
available for the general public and that their use
be monitored for a period of three months to deter-
mine whether or not it is feasible to make these
spaces available for monthly lease.
Inasmuch as Five Star Parking has carried out their
contractual obligation in a satisfactory manner
regarding the 18th and Eye Streets parking struc-
ture and insofar as there will be considerable cost
savings to the City in administrative and main-
tenance costs, we are, therefore, recommending that
the Five Star contract be extended to include the
spaces currently owned and operated by the City on
its 17th and "G" parking lot, and we are recom-
mending that the spaces currently available for the
general public be maintained in that manner for a
period of 90 days to determine the impact of the
new on-street time limit signage currently being
installed in the Downtown.
Upon a motion by Councilmember Childs, Report No. 8-86
from the Budget and Finance Committree, regarding Five-Star
Parking Plan at the 17th and "G" Street Parking Lot, was adopted
and the recommendations implemented.
Councilmember Ratty, Chairman of the Urban Development
Committee, read Report No. 7-86 regarding Interchange Modification
on California Avenue at State Route 99, as follows:
On April 10, 1985, the City Council adopted
Resolution No. 56-85 requesting the State of
California to approve an interchange modification
and to allow a public street connection at the
California interchange with State Route 99. The
proposal provided for an upgrading of California
Avenue between Oak Street and Real Road, the
installation of traffic signals at the northbound
off-ramp intersection with California Avenue and
improved access to the adjacent land.
Bakersfield, California, March 19, 1986 - Page 12 ~ ~ ~
Subsequent to the adoption of the resolution, the
State has modified the plan to include several
significant betterments to the State facility. The
staff has reviewed and has no objection to the
changes. The plan as modified is scheduled to be
heard before the California Transportation
Commission at a meeting to be held in Bakersfield
on March 27, 1986.
Since the current plan under discussion is dif-
ferent than that originally approved by the City
Council, this Committee recommends that the Council
adopt the attached resolution approving the
interchange modification and the public street con-
nection at the California Avenue interchange with
State Route 99, stipulating that the developer pay
all costs associated with the intersection and
related surface street reconstruction/improve-
ments. That the State not charge the developer
any" value enhancement fee" or the costs associated
with betterment of State facilities. This
Committee further recommends that the City Manager
appear before the California Transportation
Commission at the March 27, 1986, hearing to give
the Council's support to this project.
Upon a motion by Councilmember Ratty, Report No. 7-86
from the Urban Development Committee, regarding Interchange
Modification on Ca]iforuia Avenue at State Route 99, was accepted
and the City Manager was directed to show the presentation.
Upon a motion by Councilmember Ratty, Resolution No.
25-86 of the Council of the City of Bakersfield, A Request to the
State of California, Department of Transportation and the
California Transportation Commission to approve an Interchange
Modification on California Avenue and to allow, as public access,
public steet connection at the California Avenue Interchange with
State Route 99 in the City of Bakersfield, was adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Dickerson, Moore, Ratty, Salvaggio,
Smith, Childs, Christensen
None
None
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 5529 to 5939 inclu-
sive, in the amount of $1,237,336.19.
b. Claim for Damages and Personal Injuries for
the following:
1. Louis Yniquez, c/o Eugene R. Lorenz, 1227
California Avenue;
2. Barney and Jane Seabourn, 815 West 6th
Street, Madera;
(REFER TO CITY ATTORNEY)
Bakersfie]d, California, March 19, 1986 - Page 13
c. Dedication of Property:
l)
Quitclaim Deed from the City of
Bakersfield to Truxtun Partners and Grant
Deed from Truxtun Partners to the City of
Bakersfield as required to relocate the
drainage retention basin within Tentative
Tract 7952, located North of Truxtun
Avenue and West of Freeway 99.
2)
Street Right-of-Way Deed from Shadow
Ridge Limited, as required for the deve-
lopment of Tract 4741 located north of
College Avenue and east of Fairfax Road.
3)
Sewer Line Easement from Val-Par 1, as
required by S.P.R. 111-85B for the
construction of a sewer line located at
the northeast corner of Oak Street and
California Avenue.
4)
Sewer Line Easements from James P.D.
Thropp Jr., and Nancy Lea Jackson as
required for the construction of the
Buena Vista Trunk Sewer located between
Calloway Road and Coffee Road and
southerly of Rosedale Highway.
5)
Public Utility Easement from Young Wu
Park and Hee Woo Park as required for
Parcel Map 7306 located at the southeast
corner of White Lane and Hughes Lane.
Notice of Completion and Acceptance of Work on:
1)
CPE/CSPE Single-ply roofing, Contract No.
85-130, with Tri-County Roofing, for por-
tions of City Hall, Fire Station No. 1
and Senior Citizen's Center.
2)
Traffic Signal Systems, Contract No.
85-194, with Safety Electric Co., at Ming
Avenue and Westholme Blvd., and So.
Chester Avenue at Planz Road.
Applications for Encroachment Permits:
1)
Robert W. Hardt, 5100 California Avenue,
No. 126., for constructing patio slab,
fences and roof overhangs approximately
4' into a City sewer easement at 201
Quailridge Road.
2)
Paul Atkins, 4420 Adidas Court, for the
construction of a 6-foot high wood fence
behind the sidewalk on Adidas Avenue at
4420 Adidas Court.
3)
Amos Dennis, 6201Juanito Court, for the
construction of a planter retaining wall
of slumpstone, 18-24 inches high, along
the back of sidewalk on Flintridge at
6201Juanito Court.
Approval of Plans and Specifications:
1) Resurfacing 17th Street between "F"
Street and Chester Avenue.
Bakersfield, California, March 19, 1986 Page 14 '
Agreement with Gary Garone (Wastewater
Treatment Plant No. 2 Farm Lesee) for
Assignment of Crops to Lessee's lender
(Western Cotton Services Co.) for 1986
growing season.
Upon a motion by Councilmember Childs, Items a, b, c, d,
e, f, and g of the Consent Calendar were adopted by the following
roll call vote:
Ayes: Councilmembers Dickerson, Moore, Ratty,
Childs, Christensen
Noes: None
Absent: None
Salvaggio, Smith,
ACTION ON BIDS
Upon a motion by Councilmember Ratty, low bid from
Granite Construction Company, in the amount of $104,913.00, for
resurfacing Golden State Avenue Frontage Road from Elm to "F"
Streets, 21st Street from Golden State Avenue to "Q" Street, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilmember Childs, low bid from
Tescon Inc., in the amount of $63,510, for construction of storm
drain on "K" Street from 4th Street to 8th Street, was accepted,
all other bids rejected, and the Mayor was authorized to execute
the contract.
Upon a motion by Councilmember Ratty, low bid from
Tescon Inc., in the amount of $51,962.50, for building demolition
and parking lot improvements at 16th and "H" Streets, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilmember Moore, low bid from Kern
Turf Supply, in the amount of $16,289.35, for annual contract
PVC Pipe and Sprinklers, was accepted, all other bids rejected,
and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Deferral of an Ordinance Amending
Sections 2.24.020 and 2.24.021 of the
Bakersfield Municipal Code relating to
the Appointment of a Redevelopment
Agency.
This ordinance was given first reading at the meeting of
March 5, 1986.
Councilmember Childs recommended staff look into
Tuesday, April 15, 1986, as a date for a Workshop Session of the
Council with Jerry Trimble, Center City Development Corporation.
Upon a motion by Councilmember Dickerson, second reading
of Ordinance amending Sections 2.24.020 and 2.24.021 of the
Bakersfield Municipal Code relating to the Appointment of a
Redevelopment Agency was postponed until May 7, 1986, by the
following roll call vote:
Ayes: Councilmembers Dickerson, Moore, Ratty,
Childs, Christensen
Noes: None
Absent: None
Salvaggio, Smith,
Request for authorization to enter into
discount agreements for miscellaneous service
and supplies.
This item was deferred from the Council Meeting of March
5, 1986.
~ ~ Bakersfield, California, March 19, 1986 - Page 15
Upon a motion by Councilmember Ratty, the Purchasing
Division of the Finance Department was authorized to enter into
discount agreements with Suzuki of Bakersfield, Kawasaki
Sportcycle, Al's Radiator, Precision Transmission, Midas Muffler,
Jerry and Keith's, Mobil Equipment, Anderson Turf Equipment, Lortz
and Son and San Joaquin Two-Way Radio.
Resolution of Intention No. 996 of the Council
of the City of Bakersfield declaring its
intention to vacate a portion of a Public
Utility Easement south of Wilson Road and east
of New Stine Road in the City of Bakersfield.
This matter was deferred from the meetings of January 8,
15, and 22, ]986.
Intention
deferred
Upon a motion by Councilmember Salvaggio, Resolution of
No. 996 of the Council of the City of Bakersfield was
to the April 16, 1986, Council meeting.
Ayes: Councilmembers
Noes: None
Absent: None
Dickerson, Moore, Ratty,
Childs, Christensen
Salvaggio, Smith
HEARINGS
This is the time set for a public hearing
before the Council for the purpose of
hearing an appeal by Robert Lindberg to
the decision of the Board of Zoning
Adjustment approving an application for a
Modification requested by R.R.
Christensen to permit a reduction of the
required side yard setback from 5 feet to
4 inches (with condition) in an R-1 (One
Family Dwelling) Zone on that certain
property commonly known as 2004 Julian
Avenue
Mayor Payne declared the hearing open for public par-
ticipation.
Robert Lindberg spoke in support of the appeal.
Emma Christensen, 2004 Julian, spoke in opposition to
the appeal.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Payne closed the public
portion of the hearing for Council deliberation and action.
Councilmember Moore made a motion to uphold the Board of
Zoning Adjustment recommendation and deny the appeal by Robert
Lindberg. This motion was approved by the following roll call
vote:
Ayes: Councilmembers Dickerson, Moore, Ratty,
Childs, Christensen
Noes: None
Absent: None
Salvaggio, Smith,
Bakersfield, California, March 19, 1986 - Page 16
This is the time set for a public hearing
before the Council to consider giving
approval to Amendments to the Kern County
Solid Waste Management Plan, 1983
Revision, proposed by the County of Kern
as follows:
Amendment No. 3
Expansion of the existing
Bear Valley C.S.D. Refuse
Transfer Station. The
Transfer Station is located
at the northwest corner of
Cumberland Road and Lower
Valley Road.
Amendment No. 4
Establishment of a composting
facility for the manufacturing
of organic fertilizer for orga-
nic uses. The site consists of
approximately 80 acres and is
located approximately 2½ miles
east of State Highway 99 on
Bear Mountain Boulevard.
Amendment No. 5
Involves a low volume transfer
station, consisting of three
(3) 8' x 24' bins for the pur-
pose of solid waste disposal
(refuse). The Transfer Station
is located at the end of
Aleutian Drive, North of Mill
Potrero Highway in Frazier Park.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, and no one
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilmember Ratty, Resolution No.
26-86 of the Council of the City of Bakersfield concurring in
Amendments Nos. 3, 4, and 5 to the Kern County Solid Waste
Management Plan 1983 Revision, was adopted by the following
call vote:
roll
Ayes: Councilmembers
Noes: None
Absent: None
Dickerson, Moore, Ratty,
Childs, Christensen
Salvaggio, Smith
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
Seventeen of the Municipal Code by
Changing the Land use Zoning of those
certain properties in the City of
Bakersfield located in the vicinity of
the intersection of Panorama Drive exten-
sion and Morning Drive extension.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
Seventeen of the Municipal Code by
Changing the Land Use Zoning of certain
properties in the City of Bakersfield
located in portions of Sections 1, 11 and
12, Township 29 South, Range 28 East
(China Grade Landfill 1,200-foot buffer zone.
Bakersfield, California, March 19, 1986 - Page 17
Adoption of Resolution No. 27-86 of the
Council of the City of Bakersfield making
application to the State Department of
Transportation for UMTA Section 18
Discretionary Grant Monies.
Upon a motion by Councilmember Smith, Resolution No.
27-86 of the Council of the City of Bakersfield was adopted by
following roll call vote:
the
Ayes: Councilmembers
Noes: None
Absent: None
Dickerson, Moore, Ratty, Salvaggio,
Childs, Christensen
Smith,
Agreement between the City of Bakersfield
and Edward J. Wilson, dba Wilson & Associ-
ates, for assessment engineering services.
Upon a motion by Councilmember Christensen, Agreement
between the City of Bakersfield and Edward J. Wilson, dba Wilson
Associates, for assessment engineering services, was approved and
the Mayor was authorized to execute the agreement.
Agreement between City of Bakersfield and
Bartie Wells Associates for financial
consulting services.
City of
suiting
Upon a motion by Councilmember Childs,
Bakersfield and Bartie Wells Associates
services was deferred for two weeks.
Agreement between
for financial con-
Agreement between City
Richard H. Hargrove for
vices.
of Bakersfield and
bond counsel ser-
Upon a motion by Councilmember Ratty, agreement between
City of Bakersfield and Richard H. Hargrove for bond counsel ser-
vices was approved and the Mayor was authorized to execute the
agreement.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Christensen, the meeting
was adjourned at 12:40 a.m.
MAYOR City of Bakersfield, Calif.
ATTEST:
CiT~/~L~R~'and
of the City of
Ex Officio Clerk of the Council
Bakersfield, California
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