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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 CW:rg