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HomeMy WebLinkAbout04/16/1986 MINUTES CCBakersfield, California, April 15, 1986 Minutes of a workshop session of the Council of the City of Bakersfield, California, held in the Basement Conference Room of the Annex Building of City Hall, at 5:30 p.m., and continued in the Council Chambers at 7:00 p.m., April 15, 1986. The meeting was called to order, and the roll was called as follows: Present: Mayor Absent: None Payne. Councilmembers Childs, Christensen, Dickerson, Moore, Ratty, Sa]vaggio, Smith An informal round table discussion was held, and a pre- sentation was made by Mr. Jerry Trimble, of Center City Development Corporation. RECESS Mayor Payne recessed the meeting at 6:30 p.m. The meeting was reconvened in the Council Chambers at 7:00 p.m. A formal slide presentation was provided by Jerry Trimble in which he discussed the history and process used to accomplish redevelopment in San Diego. After much discussion, a question and answer session was held. ADJOURNMENT There being no further business, Mayor Payne adjourned the meeting at 8:50 p.m. ATTEST: MAYOR of the City of Bakersfield, Calif. CITY CLERK and E{ Officio Clerk of the Council of the City of Bakersfield, California KP:rg Bakersfield, California, April 16, 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., April 16, 1986. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Michael Street of the First Asembly of God Church. Deputy City Clerk Gafford called the roll as follows: Present: Mayor Payne. Councilmembers Ratty, Salvaggio, Smith, Childs, Christensen, Dickerson, Moore Absent: None MINUTES Upon a motion by Councilmember Moore, the minutes of a Continued Meeting of March 19, 1986, Regular Meeting of March 19, 1986, Special Meeting of March 27, 1986, and Regular Meeting of April 2, 1986, were approved as presented. The minutes of the Workshop Session of March 12, 1986, were approved as amended reflecting Councilmember Moore's attendance, as Council represen- tative, at a Local Agency Formation Commission meeting. PRESENTATIONS Mayor Payne presented a plaque to Janie Smith, East Bakersfield High School senior and Miss Kern County for 1986. Janie Smith thanked the Mayor and Council and stated her goals in 1986 are not only to represent Kern County in the Miss California Pageant, but to serve the community to the best of her ability. Mayor Payne read a Letter of Appreciation and Commendation to Ms. Danielle Mass for rescuing Christina Hill from drowning in a swimming pool on March 22, 1986. Councilmember Moore presented the Letter of Appreciation and Commendation to Danielle Mass. Fire Chief Needham presented an Eagle Plaque; a Fire Department Citation Plaque; and the City of Bakersfield Medal of Honor to Danielle Mass for her courageous act. RECESS Mayor Payne recessed the meeting at 7:21 p.m. The meeting was reconvened at 7:34 p.m. City Manager Caravalho presented the Councilmembers with "Take Pride in Your City" caps, and indicated that with the efforts of City staff, service clubs, Chamber of Commerce, and Board of Realtors, a Spring Cleanup of the City will be held on Saturday. Doug Ayers, President, Management Services Institute, presented a lengthy report on the Comprehensive Cost/Revenue Study for the City of Bakersfield. He stated that the end result of the report is a recasting of the City's accounting system to a commercial basis. Councilmember Dickerson made a motion to deal with the public hearing on the adoption of a Development Agreement with Jean and Madonna Laborde after Scheduled Public Statements. This motion was unanimously approved. Bakersfield, California, April 16, 1986 - Page 2 SCHEDULED PUBLIC STATEMENTS Demaris Glinzak, 3504 Actis, spoke in opposition to the 26-unit proposed apartment complex on Actis Street. Beverly Burk, owner of Ragtime Clothing, 1512 - 18th Street, spoke in support of the Downtown Street Faire. Katherine Niehaus, 3409 Dovewood Street, spoke in oppo- sition to the development of Lot 11, Tract 4218 on Actis Street. Ramona Mendez, 4404 Knollwood, spoke in opposition to the development of Lot 11, Tract 4218. Kelly Williams, 3512 Dovewood, spoke in opposition to the development of Lot 11, Tract 4218. David Rosenburg, President of the Bakersfield College Chapter of the National Student Campaign Against Hunger, requested that the City declare the week of April 21-27 as "Feed the Hungry Week." Val Rodriguez, owner 21st and "G" Street, spoke in Faire. of Downtown Miracle Auto Painting, support of the Downtown Street Fred Fujihara, 4412 Knollwood Street, spoke in opposi- tion to development of Lot 11, Tract 4218. Harsev Thiara, Jr., owner of Bea's Loft, 1800 Chester Avenue, spoke in support of the Downtown Street Faire. Councilmember Dickerson requested that the issue of Lot 11, Tract 4218, development on Actis Street, be heard after the hearing on the Development Agreement with Jean and Madonna Laborde. RECESS Upon a motion by Councilmember Childs, the meeting was recessed at 8:38 p.m. The meeting was reconvened at 8:45 p.m. HEARINGS This is the time set for public hearing on the adoption of a Development Agreement with Jean and Madonna Laborde. Jean and Madonna Laborde requested this development agreement. The agreement would be applicable to approximately 1,900 acres covered by the Rancho Laborde Specific Plan and pro- posed for annexation. matter, nance. The Planning Commission conducted a hearing on this recommends approval of the agreement and adoption by ordi- Twenty-two letters were received in opposition to the development. Correspondence was received from the Law Office of Kuhs and Parker, 1200 Truxtun Avenue, dated April 16, 1986, requesting consideration of their concerns regarding Rancho Laborde Specific Plan. Councilmember Ratty, Chairman of the Urban Development Committee, read Report No. 8-86 regarding Rancho laborde Development Agreement, as follows: Bakersfield, California, April 16, 1986 Page 3 The owners of Rancho Laborde, Jean and Madonna Laborde, and the Trustee in Bankruptcy, Clifford Bressler, have requested that a development agreement be entered into between them and the City of Bakersfield. The proposed Development Agreement would be applicable to the approximately 1,900 acres of Rancho Laborde which is covered by the Rancho Laborde Specific Plan. Although the City has previously entered into agreements with developers on certain aspects of proposed projects this would be the first "Development Agreement" entered into by the City pursuant to Governmeat Code Section 65864, et. seq. LAFCO made execution of a development agreement a condition of City annexation of Rancho Laborde. Under a development agreement both the City and the developer commit themselves to proceed in accor- dance with the terms of the agreement. The City promises not to change its planning or zoning laws or designations applicable to the development for a specified period of time. Land use regulations applicable to the Project are those in effect upon the effective date of the agreement. The developer agrees to construct specific improvements, provide public facilities and services, develop according to a specified time schedule or make other commit- ments which the city might otherwise have no authority to compel a developer to perform. Compliance with the development agreement must be reviewed at least every 12 months. In the case of Rancho Laborde the Agreement serves to articulate the understandings developed during the last nine months of annexation and planning work. This Agreement focuses on implementation of the specific plan, responsibilities for installation of public facilities, their financing mechanisms, and availa- bility. The term of the Agreement is 15 years. A copy of the Agreement is attached as a part of this report. It is to be considered in the same manner as proposed zoning at a public hearing set for April 16, 1986. The Planning Commission held a public hearing March 20, 1986, and recommended adoption. MAJOR POINTS Major points of the Agreement are listed below: 1) Rancho Laborde Specific Plan will govern the land uses to be developed. 2) Unless modified by this Agreement the city ordi- nances and policies in effect at the time of the Agreements' adoption will be applicable to sub- sequent development. 3) The Agreement expires fifteen years from the date of adoption. 4 All public improvements may be financed through assessment districts. The Company (the Laborde's) shall advance all costs associated with establishing and administering the assessment districts. 6 The value-to-lien ratio may not be less than 3:1 for assessment districts. Bakersfield, California, April 16, 1986 Page 4 7) Mello-Roos tax assessments shall not be such that they result in real property tax bill in excess of 2 percent of assessed value. 8) City will pay for bridges over canals and traf- fic signals. 9) Company shall finance and construct the Buena Vista sewer trunk line which the City will acquire through assessment district proceedings. 10) City agrees to take all sewage generated by the project. 11) Company shall, upon reaching a specified degree of development, contribute an agreed- upon amount towards fire protection. 12) Company shall develop and dedicate the water system. 13) Sixty-acres shall be will be purchased for with money collected subdivision. reserved for parks which not more than $30,000/AC. from $1,107/AC. fees upon 14) Company shall dedicate rights-of-way for arterial streets and construct them in accor- dance with the schedule specified in the Agreement. ENVIRONMENTAL REVIEW This Agreement covers a project (Laborde Specific Plan) which has certified EIR's and a Negative Declaration. No new impacts will result from this Agreement. A Negative Declaration is recommended for adoption with this agreement. RECO~/IENDATION Approve and adopt Negative Declaration and, unless adverse comments are received during the public hearing on this matter warranting reconsideration, approve the attached Development Agreement, and introduce the ordinance adopting that Agreement for first reading. Mayor Payne declared the hearing open for public par- ticipation. Ernie Reynolds, representative of Rancho Laborde, spoke in support of the Development Agreement. The following persons spoke in opposition to the proposed Laborde Development Agreement: Sherryl Wachob, representative of the Northwest Homeowner's Association, 7900 Debbs Avenue, provided the Clerk with a letter in opposition; Gary Nohnstein, 7900 Hooper Avenue; Bob Lane, 6713 Weldon Avenue; Don Martin, 7801 Peanut Avenue; Connie McDonough, 6801 Weldon Avenue; Bakersfield, California, April 16, 1986 - Page 5 Ron Black, 800 Pembroke Avenue; Vickie Clark, 7601 Weldon Avenue; and Tom Burke, 7947 Olive Drive. Ernie Reynolds, representative of Rancho Laborde, pro- vided a rebuttal to the statements of opposition. The following persons rebutted the statements in sup- port of the Development Agreement: Charlotte Bradford, 8031 Debbs Avenue; Diane Dolby, Jennifer Street; Gary Hohnstein, 7900 Hooper Avenue; Sherryl Wachob, 7900 Debbs Avenue; and Jerry Troxel, President of Palm Tree Circle Homeowner's Association, 7316 Palm Tree Circle. There being no further protest or objections and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilmember Childs suggested that the community and Mr. Laborde meet to work out their differences. Councilmember Childs made a motion to approve and adopt the Negative Declaration, approve Development Agreement and authorize the Mayor to execute after effective date of the Ordinance. Councilmember Childs deferred his motion to Councilmember Ratty. Councilmember Ratty made a motion to accept Urban Development Committee Report No. 8-86 regarding Rancho Laborde Development Agreement. Mayor Payne stated and City Manager Caravalho concurred that the concerns of the citizens will not be impacted by the action taken tonight, and that their concerns will be dealt with by the Council at the May 7, 1986 Council meeting. Councilmember Ratty's motion to accept Urban Development Committee Report No. 8-86 regarding Rancho Laborde Development Agreement was unanimously accepted. City Manager Caravalho stated that he understood that most of the citizens are concerned about the impact of the amend- ment, and if so, they can deal with the amendment on May 7, 1986, at the Council meeting. Upon a motion by Councilmember Salvaggio, the call for the question was approved. Councilmember Christensen voted no. Mayor Payne restated the motion by Councilmember Childs to approve and adopt the Negative Declaration; approve Development Agreement and authorize the Mayor to execute after the effective date of the Ordinance; and consider this first reading of the Ordinance. This motion was approved by the following roll call vote: Ayes: Councilmembers Ratty, Salvaggio, Smith, Childs, Christensen, Dickerson, Moore Noes: None Absent: None Bakersfield, California, April 16, 1986 - Page 6 ~ ~, Councilmember Childs clarified his vote stating he will talk with staff, listen to the concerns of the people on May 7, 1986, and stated there is no preconceived vote on his part. RECESS Upon a motion by Councilmember Childs, the meeting was recessed at 10:22 p.m. The meeting was reconvened at 10:35 p.m. Gerald Cogden, 4081 Hewlett, spoke in support of the development of Lot 11, Tract 4218 on Actis Street. Councilmember Ratty made a motion to take no action to rezone the property on Actis Street. Mayor Payne restated the motion by Councilmember Ratty to take no action to rezone Lot 11, no action to purchase the pro- perty, and no action to prevent the developer from obtaining a building permit. Mike Glinzak, 3504 Actis, requested that the Council consider an Urgency motion to hold the land at R-1 zoning for 45-day period. Jesse Chavez, 3405 Actis, spoke in opposition to the development of Lot 11, Tract 4218. Renee Gentry, 3609 Dovewood, spoke in opposition to the development of Lot I1, Tract 4218. Don McCoy, 2201 Paisley Ct., representative of Field Development, indicated the start day was two and-a-half weeks ago. Bret Mendez, 4404 Knollwood, spoke in opposition to the development of Lot 11, Tract 4218. Kelly Williams, 3512 Dovewood, questioned the traffic study by the Public Works Department for Actis Street. Upon a motion by Councilmember Childs, the call for the question was unanimously approved. Councilmember Ratty's motion to take no action to rezone Lot 11, no action to purchase the property, and no action to pre- vent the developer from obtaining a building permit, was approved by the following roll call vote: Ayes: Councilmembers Ratty, Smith, Childs, Moore Noes: Councilmembers Salvaggio, Christensen, Dickerson Absent: None Councilmember Dickerson suggested staff look into and help mitigate the concerns of the property owners. CORRESPONDENCE Upon a motion by Councilmember Childs, communication from Paul R. Sharick, P.O. Box 9516, dated April 8, 1986, requesting a General Plan Amendment for commercial use of 1.65+ acres located at the northeast corner of Panama Lane and Stine Road, was received and referred to the Planning Commission for study and recommendation. Bakersfield, California, April 16, 1986 Page 7 Upon a motion by Councilmember Childs, communication from Dean A. Gay, 1801 21st Street, Suite 5, dated April 9, 1986, requesting a General Plan and Land Use Element Amendment for com- mercial use of 1.15 acres located 100 feet west of the northwest corner of Harris and Stine Roads presently used as the Farmers' Canal, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Moore, communication from Community Action Against Drug and Alcohol Abuse, dated April 8, 1986, requesting adoption of Resolution declaring May 22, 1986, an official "Just Say No" Day for the City, was received and referred to the City Manager for action. Upon a motion by Councilmember Moore, communication frown the Greater Bakersfield Chamber of Commerce, dated April 8, 1986, regarding proposed County Administrative Building, was received and referred to the Intergovernmenta! Relations Committee for action with the County of Kern. COUNCIL STATEMENTS Mayor Payne requested Council consider taking action to direct the City Attorney to prepare a resolution in support of Proposition 51. Upon a motion by Councilmember Moore, Propositions 47, 49 and 51 were referred to the Legislative Committee for immediate review and recommendation back to Council. 46, Mayor Payne requested staff provide notification to the Independent Living Center and the County Community Development Department that the City can no longer fund the request by the Independent Living Center. tors appo indicated Ordinance benches. that have Mayor Payne stated Mr. Robinson and Mr. Silver, Direc- inted by the City to the Golden Empire Transit Board, they would support a reconsideration of the Sign and appreciate any efforts to help them with the bus They are willing to reacquire and modify the benches been removed because of noncompliance. Steve Ruggenberg, Genera] Manager of the Golden Empire Transit District, indicated there are approximately 300 bus benches in consideration, and they are supportive of any efforts that will help maintain the benches for the riders. Councilmember Christensen made a motion to restore the benches. Councilmember Moore made a substitute motion to refer the Urban Development Committee the request for assistance in reacquiring and modifying the bus benches. to Councilmember Salvaggio suggested they approach the bench advertising company to rent the benches on an interim basis until the 150 arrive in August. Councilmember Moore's substitute motion to refer the request for assistance in reacquiring and modifying the bus benches to the Urban Development Committee was approved. Councilmember Christensen voted no. REPORTS Upon a motion by Councilmember Salvaggio, Report No. 1-86 from the Rules and Procedures Ad Hoc Committee regarding Council meetings was referred back to the Ad Hoc Committee. This Report was not read into the record. Bakersfield, California, April 16, 1986 - Page 8 Councilmember Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. 1-86 regarding Approval of the Board of Trustees of the Bakersfield Art Foundation for Management of the Cunningham Art Gallery, as follows: On December 18, 1985, the City Council recommended that a new non-profit corporation, governed by a board of trustees, be established for the purpose of managing the Cunningham Art Gallery. A con- dition for the designation of the Bakersfield Art Foundation to manage the gallery is that the City Council approve the proposed board of trustees. This matter was referred to the Auditorium and Community Services Committee on March 19, 1986, and since that time the committee has met with repre- sentatives of the Bakersfield Art Foundation and staff to review the proposed Board of Trustees. The committee feels that the proposed Board of Trustees and the Advisory Board of Directors repre- sent a cross section of business and community leaders who will provide the necessary management direction for the Cunningham Art Gallery. Therefore, this committee recommends the ratifica- tion of the Bakersfield Art Foundation Board of Trustees and the Advisory Board of Directors as detailed in Attachment A for the management of the Cunningham Art Gallery. The committee also recom- mends a vote of confidence for the Bakersfield Art Foundation for its continuing support of the arts in Bakersfield. Upon a motion by Councilmember Christensen, Report No. 1-86 from the Auditorium and Community Services Committee regarding Approval of the Board of Trustees of the Bakersfield Art Foundation for Management of the Cunningham Art Gallery, was accepted and the recommendations adopted. Upon a motion by Councilmember Moore, City Manager Report No. 10-86, regarding Downtown Business Association's Proposal for Five Downtown Street Faires was moved forward on the agenda to be heard at this time. Public Works Manager Hawley read Report No. 10-86 the City Manager regarding Downtown Business Association's Proposal for Five Downtown Street Faires as follows: from At the City Council meeting of March 5, 1986, the Downtown Business Association presented its propo- sal to hold a series of five street faires in the downtown area. The DBA's proposal is to close Chester Avenue between 18th and 20th Streets during the evening of the third Thursday of each month from May through September. The DBA's request necessitates the revision of an existing ordinance in addition to the passage of an emergency ordinance. Currently, the number of sidewalk sales allowed each year is limited to three by ordinance. In order to accommodate both the street faires and periodic sidewalk sales, it is recommended that Section 12.44.030 of the Municipal Code be revised by increasing this limit to nine per year. Bakersfield, California, April 16, 1986 - Page 9 In addition to this ordinance revision, a new ordi- nance is needed which provides for the closure of streets for retail purposes. The City Attorney has drafted an ordinance which addresses the issue of street closure for retail purposes. This ordinance provides for a permitting process very similar to that currently required by ordinance for special events. In order to secure a street closure per- mit, applicants will be required to obtain liabi- lity insurance in an amount specified by the City Attorney and must agree to reimburse the City for all expenses in excess of those incurred by the provision of normal City services. This ordinance would give the City Manager authority to approve permits for street closure for retail purposes pro- vided that the traffic ramifications are deemed to be non-hazardous by the Police Chief and City Engineer. Passage of the recommended emergency ordinance would clear the path for approval of the Downtown Business Association's request. However, the Police Chief, Public Works Director and I do not support the closure of Chester Avenue. Since Chester is a major north-south arterial with under- passes at the railroad tracks, closure is antici- pated to result in substantial traffic problems. Therefore, staff recommends closure of an east-west street, such as 19th Street, as an alternate loca- tion for the street faires. If the City Council wishes to direct staff to approve the closure of Chester Avenue for the May 15 Street Faire, I request that this be done on a pilot basis only, pending an evaluation of the resulting traffic impact by the Police and Public Works Departments. In addition, a stipulation would be attached to the closure of Chester which would provide for street closure at 6:00 p.m. rather than the closing time of 5:30 p.m. requested by the DBA. Councilmember Salvaggio made a motion to direct staff to approve the Closure of Chester Avenue for the May 15 Street Faire; request it be done on a pilot basis on]y; have an evaluation on resulting traffic impact by the Police and Public Works Departments; and closing time be 6:00 p.m., rather than 5:30 p.m. City Attorney Oberholzer indicated that the motion should be to adopt the Ordinance, and if this is not a successful effort, then the City will not grant another permit and would come back to Council to rescind the Ordinance. In response to Mayor Payne, Councilmember Salvaggio accepted the suggested motion by City Attorney Oberholzer to adopt the Ordinance, and if this is not a successful effort, then the City will not grant another permit and would come back to Council to rescind the Ordinance. After a very lengthy discussion, Mayor Payne suggested that the Ordinance be amended to allow an application for a permit no less than 20 days prior to the event and submit a complete list of participants to the City Manager no less than seven days prior to the event. Bakersfield, California, April 16, 1986 Page 10 ~ Councilmember Salvaggio's motion to adopt Emergency Ordinance No. 3022 of the Council of the City of Bakersfield adding Section 12.44.031 to the Bakersfield Municipal Code regarding Special Permits for Downtown Promotions, if the Street Faire is not a successful effort, then the City will not grant another special permit and would come back to Council to rescind the Ordinance, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Dickerson, Moore None Councilmember Christensen Smith, Childs, Councilmember Childs, Chairman of the Budget and Finance Committee, read Report No. 9-86, regarding Request by Bank of America Foundation for Donation for California Child Care Initiative Program, as follows: On March 5, 1986, the City Council received a request from the BankAmerica Foundation for a grant of $10,000 for the California Child Care Initiative which was referred to the Budget and Finance Committee. This committee has met and discussed the proposed grant with City staff and Julie Parsons of the Community Connection for Child Care. The committee recognizes the need for child care facilities and the contribution the Community Connection for Child Care has made in this area. In the 1985-86 budget, the City contributed $64,000 to a child care pro- ject requested by the Community Connection for Child Care. With regard to the grant request, the committee expressed several concerns. First, the viability of the project due to difficulties in obtaining insurance coverage for home child care providers. Second, the California Child Care Initiative is just completing the pilot project phase, and the independent evaluation of the program's success will not be completed until sometime in September 1986. The Foundation has also requested funding from the City's Community Development Division in the amount of $10,000. The committee expressed concern about the availability of Community Development funds due to Federal funding reductions. Therefore, this committee recommends that the grant request not be included in the City's 1986-87 pro- posed budget and be deferred until such time as the final evaluation report of the pilot project is issued. The committee recommends the acceptance val of this report and the adoption of mendations. and appro- its recom- Upon a motion by Councilmember Childs, Report No. 9-86 from the Budget and Finance Committee, regarding Request by Bank of America Foundation for Donation for California Child Care Initiative Program, was approved and the recommendations accepted. Councilmember Childs, Chairman of the Budget and Finance Committee, read Report No. 10-86 regarding Request by Mayor Thomas Payne for Partial Reimbursement of Sister City Expenses as follows: Bakersfield, Califoraia, April 16, 1986 Page 11 On April 2, 1986, the City Council received a request from the Mayor requesting partial reimbur- sement for his personal out-of-pocket costs for his trip to Wakayama, Japan that were directly related to the Sister City Program. This committee has met and discussed this request with the Mayor and has recognized the importance of maintaining the relationship with our Sister City. The committee also recognizes the contributions by others in support of the Mayor's visit to Wakayama. The committee feels that the involvement in the Sister City Program may provide an important oppor- tunity to increasing economic ties to Japan and the City of Bakersfield. The committee also recognizes that the Mayor's visit to Wakayama greatly contributed to the con- tinuation of the Sister City relationship. Therefore, this committee recommends that the City reimburse the Mayor for those expenses for his visit to Wakayama, Japan which are attributable to his participation in the Sister City Program after submitting the proper documentation. The committee recommends the acceptance and appro- val of this report and the adoption of its recom- mendations. Upon a motion by Councilmember Childs, Report No. 10-86 from the Budget and Finance Committee regarding Request by Mayor Thomas Payne for Partial Reimbursement of Sister City Expenses, was approved and the recommendations adopted. Report No. 8-86 from the Urban Development Committee regarding Rancho Laborde Development Agreement was read and acted upon during the hearing on this matter immediately following Scheduled Public Statements. City Manager Caravalho read City Manager's Report No. 11-86 regarding the Beale Memorial Library, as follows: The Director of the Kern County Library, Robert E. Cannon, has requested the City of Bakersfield par- ticipate in a Public/Private Partnership to raise $3,000,000 for the interior furnishings of the new library. They have requested that the City make a $250,000 contribution towards a 300 seat auditorium to be located at the library. The auditorium would be properly equipped for a variety of events. This auditorium would be called the City of Bakersfield Memorial Auditorium. It is recommended that this be referred to the Budget and Finance Committee. Please find attached a brief report on the fund raising program. Councilmember Childs made a motion to refer City Manager's Report No. 11-86 regarding the Beale Memorial Library to the Budget and Finance Committee and that Mr. Cannon, Director of the Kern County Library, be given notice of the meeting and appear at that meeting. Councilmember Ratty requested to meet as soon as possible on this issue. Bakersfield, California, &pril 16, 1986 - Page 12 ~ Councilmember Childs' motion to refer City Manager's Report No. 11-86 regarding the Beale Memorial Library to the Budget and Finance Committee and that Mr. Cannon, Director of Kern County Library, be given notice of the meeting and appear that meeting, was approved. the at Deputy City Manager Strenn read City Manager's Report No. 12-86 regarding Urban Services Study as follows: Development that occurs within cities' spheres of influence is an issue that is receiving con- siderable attention. The Intergovernmental Relations Committee, the Kern County City Manager's Association, the Local Agency Formation Commission, and the KernCog Board have all discussed the role of the county, cities and special districts in pro- viding urban services within spheres of influence. Revenues to pay for urban services is another important issue under discussion. The KernCog Board directed its staff to put together the attached study outline. If cities throughout Kern County agree, a study review com- mittee will be formed and a study conducted. It is recommended that the City support this study. Councilmember Moore made a motion that support and encourage the Urban Services Study. approved. the Council show This motion was Assistant City Manager Pulskamp read Report No. 13-86 from the City Manager regarding Audit of City Attorney's Office and Personnel System, as follows: Personnel management must deal with the present and be concerned with the future. It must build programs that solve problems in the framework of today and tomorrow. If, however, personnel manage- ment is to perform its tasks as effectively as possible, it must also be aware of the past. It is this need for a constant focus on three different points in time that makes personnel a fascinating area of study. It is from this perspective that the current sonnel rules and regulations for the City of Bakersfield must be analyzed. per- The City's rules governing personnel practices stem from a number of sources. They can be found in the Charter, the Code, Memoranda of Understanding, the Salary Resolution, the Administrative Manual, indi- vidual departmental personnel rules, the Employer-Employee Relations Supplements, past prac- tice, and three different sets of Civil Service Regulations. These rules and regulations vary greatly in terms of longevity. Some have been in effect since 1915, while others have been adopted only recently. During the more than 70 years that these rules have been formulated, no one has ever performed a comprehensive review of them. Consequent]y, the City has some personnel rules that are internally inconsistent, anachronistic, or redundant. Bakersfield, California, April 16, 1986 - Page 13 This makes administer employees' searching find that question. it very difficult for those who must the rules on a daily basis. To answer or supervisors' questions often entails through a myriad of documents only to there are conflicting answers to a It also creates problems for employees who are trying to act in accordance with City rules when it is often so difficult to determine what those rules are. The personnel system is the heartbeat of the City organization. It is the system used to find, keep, and foster the City's most valuable resource--our employees. It is from this perspective that staff recommends having the firm of Ralph Andersen and Associates perform a comprehensive review of the City's per- sonnel system. This firm is regarded as the most capable in the state to perform such an analysis. Staff feels that the firm could review our person- nel system, understand how and why the City's per- sonnel system has developed, realize the needs of today's employees, and look towards the future to help develop a personnel system which will be capable of making the City work force as competent, creative, and energetic as possible. In conjunction with this study, it is recommended that the firm of Main Hurdman perform a management audit of the City Attorney's Office. It is the City Manager's policy that an audit be performed each year in one of the major departments. In light of the Council's recent concerns with the City Attorney's Office, it is recommended that this function be the next to be afforded the opportunity of receiving a management audit. It is felt that this independent management audit firm would ensure that the Attorney's Office is functioning as effi- ciently as possible. Main Hurdman has considerable experience with performing management audits and has expertise with performing such audits for legal offices. The firms of Ralph Andersen and Associates and Main Hurdman have a wealth of experience performing the types of tasks we are asking of them. The firms are recommended to Council after proposals were solicited from seven firms which specialize in management audits and which have the best reputa- tion for producing quality work of this type. Recommendation: It is recommended that the City Council authorize staff to: 1) Execute a contract with Ralph Andersen and Associates to perform an analysis of the City's personnel system; 2) Exe- cute a contract with Main Hurdman to perform a management audit of the City Attorney's Office; and 3) Transfer $45,000 from the Council Contingency fund to the Administrative Services budget to cover contract expenses. Upon a motion by Councilmember Salvaggio, City Manager's Report No. 13-86 regarding Audit of City Attorney's Office and Personnel System was approved and the requests contained therein approved by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Dickerson, Moore None Councilmember Christensen Smith, Childs, Bakersfield, California, April 16, 1986 Page 14 City Manager Caravalho 14-86 regarding Review of AB-3290 follows: read City Manager's Report No. by Legislative Committee, as Assembly Bill 3290, introduced by Assemblyman Rogers and cosponsored by Senator Stiern, has as its purpose providing state financial support to NPIAS listed airports, including the Bakersfield Airpark and Meadows Field. AB 3290 would change existing law by diverting from the State General Fund those revenues generated by the collection of the 6% sales tax on jet fuel. These funds would be placed in a special aeronautics account administered by the Department of Transportat|on for equitable distribution among all State of California air- ports. The Bakersfield Airpark would receive up to $166,844.00 per year, and Meadows Field would receive up to $2,725,605.00 per year. The benefit to the public is substantial; the addi- tional capital will reduce environmental noise pollution, increase safety and security at air- ports, improve monitoring systems on fueling and hazardous wastes, and stimulate local development by diversifying local economies and ensure the eco- nomic viability of all air carrier and general aviation airports. A request was made that the City Council of Bakersfield lend its support to AB 3290. I am hereby requesting that the City Council refer this bill to the Legislative Committee for review. J. David Kennon, Economic Development Director, and Robert P. Olis]agers, Airport Operations Manager, are available to answer any questions you may have. Councilmember Childs made a motion to support AB-3290. This motion was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: Approval of Warrant Nos. 6217 to 6643 inclu- sive, in the amount of $1,461,691.82. Claim for Damages and Personal Injuries for the following: 1. Valza Corporation, 2701 Ming Avenue; 2. Francies Elaine Nail, 4106 Columbus; Clifton Edward Nail, 1202 19th Street, #215; b. Steven Elroy Nail, c/o 4106 Columbus; c. Paula Peterson, 2501 Bishop, Apt. 5; 3. Wilma Del Roberts, 2401 Christmas Tree Lane, #17; 4. Kern Petroleum Consultants, Inc., 2421 Haley Street, Suite #6; ~ ~ ~ ~ Bakersfield, California, April 16, 1986 Page 15 5. Margie E. Masi, c/o Coley, Shaw & McKnight, 330 "H" Street, Suite 6; 6. Robert R. Miller, 400 East Roberts Lane, #39. (REFER TO CITY ATTORNEY) c. Dedication of Property: Dedication of Sewer Line Easements from Gary and Diane Schneider and Stephen and Kathy Crawford as required for construc- tion of the sewer outfall from Wastewater Treatment Plant 3. Water Line Easements, Turnaround Easement, Road Easement and Grant Deed from Tenneco Realty Development Company, located east of Gosford Road at District Boulevard. Easement to P.G.&E. for electric facilities located adjacent to the west right-of-way line of Canary Island Drive north of Truxtun Avenue. Easement to P.G.&E. for electrical facilities located south of Stockdale Highway and east of Renfro Avenue. Sewer Line Easements from Dean A· Gay, et. al., for portion of the Buena Vista Trunk Sewer System located on the north side of Brimhall Road from Calloway Drive to 1/4 mile east· Street Right-of-Way Deed from Keith and Mack Oil Company as required for the northerly extension of Fairfax Road from Paladino Drive to Alfred Harrell Highway. Sewer Line Easements from Suniand Refining Corporation as required for a portion of the Buena Vista Trunk Sewer System located in the area north of Brimhall Road between Calloway Drive and Coffee Road. Sewer Line Easements from Tenneco West, Inc., as required for a portion of the Buena Vista Trunk Sewer System along the south side of Brimhall Road, east of Coffee Road. Notice of Completion and Acceptance of Work: Tract No. 4420 Unit "B", Contract No. 82-163, with Highland Real Estate, located at Panorama Drive and University Avenue. "Furnish and Install Deep Well Turbine Pump and Motor for Ashe Water Pump Plant No. 17." e. Proposed City Standard "Landscape and Irrigation" Details, (9 sheets)· Bakersfield, California, April 16, 1986 - Page 16 Renewal of Deferred Compensation Agreement with Great Western Savings. g. Agreements to provide recreational activities for the following: Stained Glass - Leslie Weeks Sign Language -Gail Mahan Rollerskating - Omar Dunn Upon a motion by Councilmember Childs, Items e, f and g of the Consent Calendar were adopted by the roll call vote: a, b, c, d, following Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Dickerson, Moore None Councilmember Christensen Smith, Childs, ACTION ON BIDS Upon a motion by Councilmember Moore, low bid from Granite Construction, in the amount of $246,020.00, for Gosford Road Resurfacing between Stockdale Highway and Ming Avenue, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Childs, low bids from California State Contract (17 vehicles), in the amount of $199,099.56, Jim Burke Ford (4 vehicles), in the amount of $44,089.40, as Correction to Award of Low Bid for Police Vehicles, were accepted, and the other bids rejected. Upon a motion by Councilmember Childs, low bid from MUSCO Lighting, Inc., in the amount of $11,750.00, for Lighting Equipment for Softball Field at Martin Luther King Park, was accepted. Upon a motion by Councilmember Childs, usual bidding requirements were dispensed with in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price, not to exceed $11,900.00, with Western Information Systems for Word Processing System. Upon a motion by Councilmember Salvaggio, low bid from Madonna Construction Company, in the amount of $53,100.00, for Construction on Wible Road between White Lane and Planz Road, on White Lane at E1Potrero Lane and on Planz Road 300' east of Larson Street, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Ratty, usual bidding requirements were dispensed with in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price, not to exceed $8,000.00, with Motorola Communications for Radio Base Station for Fire Station No. DEFERRED BUSINESS Adoption of Ordinance No. 3023 New Series of the Council of the City of Bakersfield Amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 6100 Auburn Oaks, and making findings in connection with a P.U.D. Zone. Bakersfield, California, April 16, 1986 - Page 17 This Ordinance was giw~n first reading at the meeting of April 2, 1986. Upon a motion by Councilmember Moore, Ordinance No. 3023 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Dickerson, Moore None Councilmember Christensen Smith, Childs, Adoption of Ordinance No. 3024 New Series of the Council of the City of Bakersfield Adding Chapter 8.38 to the Bakersfield Municipal Code relative to Groundwater Recharge Basins - Operation of Motorized Watercraft Prohibited. This Ordinance was given first reading at the meeting of April 2, 1986. Upon a motion by Councilmember Moore, Ordinance No. 3024 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Ratty, Salvaggio, Smith, Childs, Dickerson, Moore Noes: None Absent: Councilmember Christensen Adoption of Resolution No. 30-86 of the Council of the City of Bakersfield making findings regarding value of written pro- tests filed and not withdrawn, ordering territory designated as Proceeding No. 884, Annexation No. 305, (Curran No. 3) Annexed to the City of Bakersfield sub- ject to confirmation by the voters, and calling a special election. Upon a motion by Councilmember Dickerson, Resolution No. 30-86 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Smith, Dickerson, Moore None Councilmember Christensen Childs, Adoption of Resolution No. 31-86 of the Council of the City of Bakersfield ordering the vacation of a portion of a Public Utility Easement south of Wilson Road and east of New Stine Road in the City of Bakersfield. This item was deferred from the meetings of January 8, 15, 22, 1986 and March 19, 1986. Upon a motion by Councilmember Dickerson, Resolution No. 31-86 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Dickerson, Moore None Councilmember Christensen Smith, Childs, Bakersfield, California, April 16, 1986 Page 18 ~ ~ Adoption of Zoning Resolution No. 335 of the Council of the City of Bakersfield denying the appeal by Robert Lindberg from the decision of the Board of Zoning Adjustment approving a modification requested by R. R. Christensen to reduce the required five-foot side yard setback to four inches (with conditions) in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 2004 Julian Avenue. This Zoning Resolution sets forth the decision of the Council following the appeal hearing on this matter held the 19th day of March, 1986. Upon a motion by Councilmember Salvaggio, Zoning Resolution No. 335 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Dickerson, Moore None Councilmember Christensen Smith, Childs, HEARINGS This is the time set for public hearing on Resolution of Intention No. 998 of the Council of the City of Bakersfield declaring its intention to vacate a por- tion of Jackson Street west of Tulare Street in the City of Bakersfield. 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 Dickerson, Resolution No. 32-86 of the Council of the City of Bakersfield ordering the vaation of a portion of Jackson Street west of Tulare Street in the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Dickerson, Moore None Councilmember Christensen Smith, Childs, This is the time set for public hearing on Resolution of Intention No. 999 of the Council of the City of Bakersfield declaring its intention to vacate an alley on the south side of East California Avenue, formerly being Lakeview Avenue. 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 Childs, Resolution No. 33-86 of the Council of the City of Bakersfield ordering the vaca- tion of the alley on the south side of East California Avenue, formerly being Lakeview Avenue, in the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Dickerson, Moore None Councilmember Christensen Smith, Childs, Bakersfield, California, April 16, 1986 - Page 19 This is the time set for public hearing on Resolution of Intention No. 1000 of the Council of the City of Bakersfield declaring its intention to vacate a por- tion of 29th Street and James Street be- tween "M" Street and "O" Street. 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 Childs, Resolution No. 34-86 of the Council of the City of Bakersfield ordering the vaca- tion of a portion of 29th Street and James Street between "M" Street and "O" Street in the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Dickerson, Moore None Councilmember Christensen Smith, Childs, This is the time set for public hearing on Resolution of Intention No. 1001 of the Council of the City of Bakersfield declaring its intention to vacate the unused portion of the Oak Street and the A.T.&S.F. Railroad right-of-way. 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. 35-86 of the Council of the City of Bakersfield ordering the vaca- tion of the unused portion of the Oak Street Right-Of-Way lying between 16th Street and the A.T.&S.F. Railroad Right-of-Way in the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Smith, Dickerson, Moore None Councilmember Christensen Childs, The public hearing on the adoption of a Development Agreement with Jean and Madonna Laborde was conducted after Scheduled Public Statements. NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as MT. VERNON NO. 3 ANNEXATION. First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as PANAMA NO. 6 ANNEXATION. Bakersfield, California, April 16, 1986 - Page 20 First Reading of an Ordinance of the Council of the City of Bakersfield Amending Section 2.84.620 A. of the Bakersfield Municipal Code Regarding Leaves of Absence. First Reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 13.08 to the Bakersfield Municipal Code relating to local improve- ment procedures. First Reading of an Ordinance of the Council of the City of Bakersfield repealing Sections 17.60.050, 17.60.140 C., 17.60.150 B., 17.60.160 A.2.a., 17.60.160 B., 17.60.17 A.2.a., 17.60.170 B., 17.60.190 C., 17.60.210 B. and C., Amending Sections 17.60.020 A., 17.60.070 A. and P., 17.60.080 D., 17.60.110 N., 17.60.140 A.4., and Adding Sections 17.60.160 A.4.f., 17.60.170 A.4.f., and 17.60.255 to the Bakersfield Municipal Code relating to Signs. The City Council at its meeting of March 19, 1986, directed staff to prepare an ordinance that would make certain changes in the Sign Ordinance, Chapter 17.60 of the Bakersfield Municipal Code. At this time, due to the absence of Mayor Payne, Vice-Mayor Childs conducted the meeting. Petition for Special Assessment Proceedings under the Majority Protest Act of 1931. City Attorney Oberholzer indicated that the words "and Waiver" have been deleted from the original document. Upon a motion by Councilmember Ratty, Petition for Special Assessment Proceedings under the Majority Protest Act 1931 was accepted by the following roll call vote: of Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Dickerson, Moore None Councilmember Christensen Smith, Childs, Adoption of Resolution No. 36-86 of Council of the City of Bakersfield, California, making Appointments and Approving Agreements in a Special Assessment District. the Upon a motion by Councilmember Smith, Resolution No. 36-86 of the Council of the City of Bakersfield was adopted by following roll call vote: the Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Moore None Councilmember Christensen Smith, Childs, Dickerson, Certificate of Sufficiency of Petition. Upon a request by City Attorney Oberholzer, this item was pulled from the Agenda. Bakersfield, California, April 16, 1986 Page 21 Resolution of the City Council of the City of Bakersfield, California making findings on Petition. Upon a request by City Attorney Oberholzer, this item was pulled from the Agenda. Mayor Payne was returned to the meeting at this time. Special Counsel Agreement with F. Mackenzie Brown, Inc. to provide legal service, and bond counsel for Assessment District 86-1 (Panorama Highlands). Upon Agreement with was authorized vote: a motion by Councilmember Smith, Special Council Mackenzie Brown, Inc., was approved and the Mayor to execute the agree~nent by the following roll call Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Moore None Councilmember Christensen Smith, Childs, Dickerson, Amendment to Agreement No. 85-185 (Wastewater Plant 2 design services for digester repair) between City and John Carollo Engineers. Upon a motion by Councilmember Moore, Amendment to Agreement No. 85-185 (Wastewater Plant 2 design services for digester repair) between City and John Carollo Engineers, was approved, authorization was granted to use funds from the Wastewater Treatment Plant 3 Storge Reservoir Project, and the Mayor was authorized to execute the Amendment by the following roll call vote: Ayes: Councilmembers Ratty, Salvaggio, Dickerson, Moore Noes: None Absent: Councilmember Christensen Smith, Childs, Contract with Bakersfield Officials' Association for Softball Officials. This to oversee the from April 21, contract provides for umpires and other officials Recreation Division's seasonal softball program 1986, through November 28, 1986. Upon a motion by Councilmember Childs, the Mayor was authorized to execute the contract with Bakersfield Officials' Association for Softball Officials by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Smith, Dickerson, Moore None Councilmelnber Christensen Childs Bakersfield, California, 4pril 16, 1986 - Page 22 ~ Agreement concerning investment of funds between the City of Bakersfield and Kaweah Construction, Contractor. Upon a motion by Councilmember Childs, Agreement con- cerning investment of funds between the City of Bakersfield and Kaweah Construction, Contractor, was approved and the Mayor was authorized to execute the agreement by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Dickerson, Moore None Councilmember Christensen Smith, Childs, Agreement with Robert L. Clement and Associates for architectural design ser- vices for an addition to the South Wing of City Hall. Upon a motion by Councilmember Ratty, Agreement with Robert L. Clement and Associates for architectural design services for an addition to the South Wing of City Hall was approved and the Mayor was authorized to execute the agreement by the following roll call vote: Ayes: Noes: Absent: a motion to 1986. Councilmembers Ratty, Salvaggio, Smith, Childs, Dickerson, Moore None Councilmember Christensen ADJOURNMENT After a lengthy discussion, Councilmember Dickerson made continue this meeting to the Workshop Session of April Councilmember Moore made a substitute motion to accept and adopt the Fair Housing Task Force Report and implement the recommendations. Councilmember Dickerson stated that because his motion was to adjourn to a certain time it was a bigger motion. Councilmember Ratty made a substitute motion to accept the report and the recommendations. Councilmember Dickerson's motion to continue this meeting to the Workshop Session of April 30, 1986, was defeated. Councilmember Ratty requested Council vote on Mr. Moore's motion to accept the report and implement the actions tained therein. con- Councilmember Moore made a substitute motion to make an exception to the rule of workshops in this case only and review and take action only on the Fair Housing Task Force Report on April 30, 1986. Councilmember Ratty made a motion to call for the question. This motion was unanimously approved. Councilmember Moore's substitute motion to make an exception to the rule of workshops in this case only and review and take action only on the Fair Housing Task Force Report on April 30, 1986, was unanimously approved. 30, Bakersfield, California, April 16, 1986 Page 23 There being no further business to come before the Council, upon a motion by Councilmember Childs, the meeting was adjourned at 1:20 a.m. ATTEST: ~IAYOR of the City of B~kersfieid, Calif. ~ITY CLERK and Ex officio Clerk of the Couneil of the City of Bakersfield, California rg