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HomeMy WebLinkAbout01/07/1987 MINUTES CCBakersfield, California, January 7, 1987 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., January 7, 1987. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Bob McNew of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Absent: None Payne. Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson, Salvaggio MINUTES Upon a motion by Councilmember Moore, the Minutes of the Regular Meetings of November 19, 1986, December 3, 1986, and December 10, 1986, Special Joint Meetings of November 25, 1986, and December 17, 1986, and the Special Meetings of November 25, 1986, and December 10, 1986, were approved as corrected. City Attorney Oberholzer explained the rules and regula- tions of the Brown Act, stating that only items printed on the agenda can be discussed and acted upon. PUBLIC STATEMENTS Mary K. Shell, Chairperson of the Kern County Board of Supervisors, read a letter from Supervisor Pauline Larwood regard- ing a proposed agreement between Kern County and the City of Bakersfield regarding contracting for sewer service in the north- west Bakersfield area. Upon a motion by Councilmember Moore, a proposed agree- ment between Kern County and the City of Bakersfield for contract- ing for sewer service in the northwest Bakersfield area was referred to the Urban Development Committee for study, recommenda- tion and report to the Council. Henry Rodriguez, a member of Friends of Heritage Park, presented City Manager Caravalho with a tee shirt, commending his support in preserving Heritage Park. He also invited the City Council to support Senator Don Roger's position to rescind Senate Bill 1475, which jeopardizes Heritage Park. Upon a motion by Councilmember Salvaggio, the issue rescinding Senate Bill 1475 was referred to the Legislative Committee. of Marvin Weidenbach, 1111Weyand Way, Shafter, spoke regarding proposed agreement for contracting for sewer service the northwest Bakersfield area. Upon a motion by Councilmember Moore, a proposed agree- ment for contracting for sewer service in the northwest Bakersfield area was referred to the Urban Development Committee. Norman Walters, 3301 Dwight Street, spoke regarding removal of personal items from homeless citizens by City staff. Councilmember Ratty made a motion to refer the issue of removal of personal items from the homeless by City staff to the Urban Development Committee. A substitute motion by Councilmember Dickerson to consider the issue of City staff procedures in dealing with home- ]ess citizens as an emergency item that arose after the agenda was posted was defeated by the following vote: Bakersfield, Californi, a, January 7, 1987 - Page 2 Ayes: Councilmembers Christensen, Smith, Dickerson, Noes: Councilmembers Childs, Ratty, Moore Absent: None Salvaggio NOTE: Due to the new provisions of the Brown Act, this motion required a two-thirds vote (5) to pass. Upon a motion by Councilmelnber Ratty, the issue of City staff procedures in dealing with homeless citizens was referred to the Urban Development Committee by the following vote: Ayes: Councilmembers Christensen, Smith, Ratty, Noes: Councilmembers Childs, Dickerson Absent: None Moore, Salvaggio Councilmember Childs clarified his vote, stating the reason he voted no is because he wanted other entities to be able to come before the Council when this issue is on the agenda where it could be discussed. Rev. L. V. Lawson, 3100 Woodstown Street, spoke regard- ing sewer project. regarding Avenue. Thomas J. Anton, Attorney, 1715 Chester Avenue, spoke the relocation of adult book stores along Chester statement Anton and Upon a motion by Councilmember Moore, Attorney Anton's was referred to the City Attorney for response to Mr. a report to the Council. Ralph B. Wegis, 1111Truxtun Avenue, spoke on behalf of San Joaquin Hospital, regarding relocation of adult book stores on Chester Avenue. Upon a motion by Councilmember Dickerson, Agenda Item 7.b.2. regarding communication from San Joaquin Community Hospital Corporation submitting petitions with 360 signatures regarding the relocation of adult bookstores was moved from Correspondence to Public Statements for discussion in connection with statements by Attorney Anton and Mr. Wegis. Upon a motion by Councilmember Salvaggio, Mr. Wegis was allowed to address the Council. Upon a motion by Councilmember Moore, the concerns raised by Mr. Wegis regarding relocation of adult book stores were referred to the City Attorney with a request to research the deve- lopment of an ordinance that would give notice to property owners of an adult book store locating in their neighborhood and inclu- sion in that ordinance of hospital day care centers and hospital chapels as restricted areas for location of adult book stores. recessed p.m. Upon a motion the meeting at by Councilmember Dickerson, Mayor Payne 8:45 p.m. The meeting reconvened at 9:00 Edwin W. Wilson, 1112 Truxtun Avenue, spoke regarding the relocation of an adult book store on Chester Avenue and read the preamble to a petition containing approximately fifty signa- tures in protest of the adult book store. Mr. Wilson suggested the Council consider the following points in modifying the adult book store ordinance: 1) the kind ot business establishments that will occupy Chester Avenue in view of the fact that the street is a teen-age thoroughfare, particularly on weekends, 2) the kind of business that would desire to occupy a lot adjacent to the adult book store, 3) the possibility of sub- jecting the adult book store to a curfew hour, and 4) confining the adult book store to one entrance. Bakersfield, California, January 7, 1987 - Page 3 Paul Gaze, 3007 Wood Lane, spoke regarding a sewer con- nection request by residents of Wood Lane. Upon a motion by Councilmember Moore, this request was referred to the Urban Development Committee with a report to be brought back to the Council. HEARINGS This is the time set for Continued Public Hearing regarding an appeal by Thomas J. Anton representing the Buck Owens Pro- duction Company, Inc., the licensee of Radio Station KUZZ, to the decision of the Board of Zoning Adjustment approviag an application for a Conditional Use Permit requested by Union Oil Company of Calif- ornia to allow the drilling and operation of one oil well with associated equipment in an A (Agricultural) Zone. The well head is located 990 feet south of the westerly extension of Red Bank Road and 1,650 feet east of the southerly exten- sion of Oswell Street. Correspondence was received from Thomas J. Anton, 1715 Chester Avenue, Suite 300, dated December 19, 1986, withdrawing his client's appeal from the Board of Zoning Adjustment granting a Conditional Use Permit to Union Oil Company, Inc. This is the time set for Public Hearing on Resolution of Intention No. 1016 declaring its intention to order the abandonment of a 14.48 foot portion of dedicated vehicular access rights on the west side of Allen Road at the north boundary of the Cross Valley Canal. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Ratty, Resolution No. 1-87 of the Council of the City of Bakersfield ordering the vacation of a 14.48 foot portion of dedicated vehicular access rights on the west side of Allen Road at the northwest boundary of the Cross Valley Canal in the City of Bakersfield was adopted by the follow- ing vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, This is the time set for a Protest Hearing before the Council for the pur- pose of hearing any person owning real property within, or any registered voter residing within, territory designated as California State College, proposed to be annexed to the City of Bakersfield. Mayor Payne declared the protest hearing open for public participation. No protests or objections being received, Mayor Payne closed the public portion of the hearing for Council delib- eration and action. Bakersfield, California, January 7, 1987 Page 4 Upon a motion by Councilmember Ratty, Resolution No. 2-87 of the Council of the City of Bakersfield making findings that no written protest has been filed and ordering the territory desig- nated as Proceeding No. 910, Annexation No. 310 (California State College), annexed to the City of Bakersfield, was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmember Dickerson Smith, Ratty, Moore, This is the time set for public hearing on Resolution of Intention No. 1017 declaring its intention to order the vacation of the 90 foot wide offer of road dedication between Panorama Drive and Paladino Drive. Mayor Payne declared the hearing open for public parti- cipation. Jim Marino of Simpson-VanCuren Engineering stated his availability to answer questions. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Smith, Resolution No. 3-87 of the Council of the City of Bakersfield ordering the vacation of the 90 foot wide offer of road dedication between Panorama Drive and Paladino Drive in the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmember Dickerson Smith, Ratty, Moore, This is the time set for public hearing on Resolution No. 187-86 of the Council of the City of Bakersfield ordering in- sta]lation of curb, gutter, sidewalk and connecting paving along Auburn Street between Eissler Street and Piper Way and along Eissler Street between Auburn Street and Eissler School, adjacent to Assessor's Parcel 146-020-26. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Smith, Resolution No. 4-87 of the Council of the City of Bakersfield overruling objections and protests, if any, and confirming order that curb, gutter and connecting paving be installed along Auburn Street between Eissler Street and Piper Way and along Eissler Street between Auburn Street and Eissler School, adjacent to Assessor's Parcel No. 146-010-16 was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Bakersfield, California, January 7, 1987 Page 5 CORRESPONDENCE Upon a motion by Councilmember Smith, communication from the Board of Trustees of the Kern Union High School District, 2000 24th Street, dated December 5, 1986, regarding Notice of Proposed Negative Declaration for the proposed levying of fees on residen- tial, commercial and industrial construction in the district pur- suant to Government Code Section 53080, was referred to the Urban Development Committee. Upon a motion by Councilmember Smith, communication from the Board of Trustees of the Norris Union School District, Callo- way Drive, dated December 17, 1986, regarding Notice of Proposed Negative Declaration for the proposed levying of fees on residen- tial, commercial and industrial construction in the district pur- suant to Government Code Section 53080, was referred to the Urban Development Committee. Upon a motion by Councilmember Smith, communication from Thomas Kelly Management, Inc., P.O. Box 10015, dated December 18, 1986, requesting a caution light at the intersection of Alfred Harre]l Highway and Lake Ming Road for safety reasons, was referred to the Urban Development Committee. Upon a motion by Councilmember Smith, communication from Pauline Larwood, Chairman of the Board of Supervisors, 1415 Truxtun Avenue, Room 600, dated December 29, 1986, regarding pro- posed agreement for sewer service in the northwest Bakersfield area, was referred to the Urban Development Committee. Upon a motion by Councilmember Christensen, communica- tion from Ty Stillman, 602 "H" Street, dated December 10, 1986, submitting his resignation from the Planning Commission, was received and placed on file. Upon a motion by Councilmember Christensen, communica- tion from Pacific Gas and Electric, 77 Beale Street, San Francisco, dated December 12, 1986, requesting an extension to January 20, 1987 for their compliance letter for the 1987 Underground Conver- sion Budget, was received and placed on file. Upon a motion by Councilmember Childs, communication from Dolores Sawyer, San Joaquin Valley Cardiovascular and Thoracic Medical Group, 1711 28th Street, dated December 19, 1986, regard- ing a complaint against the fee that was implemented for owners of buildings with alarm systems was received and referred to the City Manager. Upon a motion by Councilmember Christensen, communica- tion from Tenneco West, P.O. Box 9380, dated December 22, 1986, requesting annexation of property located at ~he southwest corner of Jewetta and Palm Avenue in Section 25, 29/26 generally bounded by Rosedale Highway on the north, Brimhall Extension on the south, Allen Road on the west and Jewetta Avenue on the east was received and referred to the Planning Commission for study and recommen- dation. Upon a motion by Councilmember Dickerson, communication from Milazzo & Associates, 1200 Truxtun Avenue, Suite 120, dated December 19, 1986, requesting permission to connect to the exist- ing City sewer main at South Real Road for a proposed 40 Unit Apartment Complex located at 512 South Real Road was received and referred to the Public Works Department. Councilmember Moore introduced a resume from William J. Mattox, 13304 San Juan, for consideration of the Planning Com- mission vacancy, to be distributed to the members of the Council. Bakersfield, California, January 7, 1987 Page 6 Councilmember Moore introduced communication Richard Stiern, 712 Palo Verde, regarding problems on Extension bike path for referral to staff. from Dr. the Truxtun Councilmember Christensen introduced communication from Teri Bjourn, 2716 21st Street, regarding the Planning Commission vacancy, for distribution to the Council. Councilmember Childs presented communication received from Chevron USA regarding a proposal of $10,000 to help fund the second year of the California Child Care Initiative of Bakersfield Project. This issue was previously referred to the Budget and Finance Committee with a scheduled report at the January 14, 1987, Council meeting. REPORTS Councilmember Christensen, Chairman of the the Audi- torium and Community Services Committee, read Report No. 1-87 from the Auditorium and Community Services Committee regarding improve- ments to the Beale Park Amphitheatre. On October 29, 1986, a letter was received from Walter Cool, suggesting improvements be made to the Beale Park Amphitheatre. This request was placed on the Council Agenda on November 5, 1986, and referred to the Audito- rium and Community Services Committee. On November 12, 1986, this Committee met with staff to discuss this issue. In evaluating Mr. Cool's suggest- ions, it was determined they could not feasibly be im- plemented in a neighborhood park. As a result, it was recommended that a letter be sent to Mr. Cool outlining the City's position and that no further action be taken. A copy of this letter is attached for your information. Upon a motion by Councilmember Christensen, Auditorium and Community Services Report No. 1-87 was accepted. Councilmember Smith read Report No. 2-87 from the Auditorium and Community Services Committee regarding Symphony of the Civic Auditorium. use On June 16, 1986, a letter was received from John Farrer, representing the Bakersfield Symphony, request- ing to use the Civic Auditorium for rehearsals the day before each subscription concert. This request was placed on the Council agenda on June 18, 1986, and re- ferred to the Auditorium and Community Services Committee to receive a recommendation from the Citizen's Auditorium Committee, to make a finding, and present it to the Council Committee. Information was presented to the Auditorium Committee in July, 1986, and on August 14, 1986, the Committee met with John Farrer and Conrad Shaw of the Bakersfield Symphony to review their request. After discussion regarding Auditorium regulations, Symphony obligations and requirements, financial impli- cations, and a proposed MSI study recommending increased rental rates, the Citizen's Auditorium Committee recom- mended to the Council Committee, the following: 1) Auditorium personnel continue assisting the Bakers- field Symphony whenever possible, 2) Deny the Symphony's request for priority rehearsal dates based on Saturday's financial importance and the existence of regulations covering this request, Bakersfield, California, January 7, 1987, Page 7 3) Advise the Symphony t~o consider rates (when dates are available) days, and paying full rental to secure rehearsal 4) Implement the proposed rate increase per MSI study. Based on the Citizen's Auditorium Committee Report and continued discussion with Auditorium Staff, this Com- mittee agrees with the Auditorium Committee's finding and recommends its approval and implementation with the following additions. First, we recommend the Bakers- field Symphony Board consider changing their concert days from Sundays to Thursdays. This would greatly assist the Auditorium in arranging rehearsal days. Second, we suggest that all fine arts organizations throughout the community join forces to promote cultural events. By combining funds, personnel and information, a greater awareness towards the cultural needs and desires of Bakersfield's citizens will best be served. Upon a motion by Councilmember Smith, Auditorium and Community Services Report No. 2-87 was accepted and the recommen- dations implemented. Councilmember Christensen read Report No. 3-87 from Auditorium and Community Services Committee regarding the Arts Council. the On December 16, 1986, this Committee met with staff to discuss the potential forming of a City of Bakersfield Arts Council. It was pointed out by staff that there currently an Arts Council that is funded by the State. The State contacted the City when the Arts Council was formed to designate a lead agency for this area. The City Council designated Kern County as the lead agency with the proviso that the City have representation on the Board of Directors. Currently Mary Strenn is the City's active representative. Based on the above information, it is the recommendation of this Committee that the Kern Codnty Arts Council not be duplicated and to request their assistance in expand- ing the awareness of cultural arts throughout the City of Bakersfield. 3-87 from accepted. Upon a motion by Councilmember Christensen, Report No. the Auditorium and Community Services Committee was Upon a motion tions of Report No. 3-87 Services Committee were by Councilmember Dickerson, recommenda- from the Auditorium and Community implemented. Councilmember Dickerson read Report No. 4-87 Auditorium and Community Services Committee regarding ramps. from the skateboard On December 16, 1986, this Committee met with staff to discuss the feasibility of allowing skateboard ramps in City parks. Several cities, private organizations and the Risk Manager for the City of Bakersfield were con- tacted for their input. Following are highlights of their reports: 1) Nationwide, the only City that is known to currently operate a skateboard ramp is located in Virginia Beach, Virginia. Few details are available on its operation. ~Bakersfield, California, January 7, 1987 - Page 8 The City of Irvine, California, had operated a skate- board ramp. The unsupervised ramp was discontinued because the park attracted cyclists which caused com- plaints from nearby residents. A YMCA in Visalia is constructing a ramp because of its popularity. Each YMCA, nationwide, is covered for $1,000,000 but may become self-insured at the end of its current policy. 4 Local YMCA and Boys' Club are interested in operating a ramp but do not have a suitable location. Surf and Turf Facility of San Diego, has two pri- vately owned ramps. They carry no insurance but par- ticipation is limited to Explorer Scouts who are covered under the scouting organization's policy. Bakersfield's Risk Manager indicated that the liabil- ity potential is extremely high and that it is not unreasonable to envision a claim that may cover a 30-year period and cost up to $3,000,000. He further stated that ramps are considered an attractive nui- sance and would require 24-hour monitoring. Current- ly, insurance is not available nor will our joint powers (insurance pool) cover the exposure. Based on further discussion and the above information, it is the recommendation of this Committee that because of high liability and lack of insurance coverage skate- board ramps should not be operated by the City of Bakers- field in City parks. However, we do feel the City should assist outside organizations, whenever possible, in their search for an appropriate [ocation. Upon a motion by Councilmember Dickerson Report No. 4-87 of the Auditorium and Community Services Committee was accepted and the recommendations implemented. Councilmember Childs clarified his no vote by stating he was very appreciative of the Committee's work, time and effort and the items covered, and his no vote had nothing to do with the Committee's efforts associated with the skateboard ramp. His no vote was a carry-over of his displeasure that the individuals in- volved in the building of this ramp and people from the neighbor- hood were not afforded the opportunity, at what he thought was an appropriate time, to comment on this particular ramp. Councilmember Childs read Report and Finance Committee regarding a proposal facility at 414 Lakeview Avenue. No. 1-87 from the Budget to develop a retail Mr. and Mrs. John Johnson are proposing to acquire the property at 414 Lakeview Avenue and construct a new com- mercial facility. They are requesting a loan in the amount of $90,783 from the City at an interest rate of 9% for a term of 15 years. The Johnsons propose to construct an 1140 sq. ft. build- ing at 414 Lakeview Avenue. The facility will contain a Barber Shop, Beauty Salon and their existing Hamburger business. The business is being operated in a deterior- ating building that is located on the site of the pro- posed new center. Bakersfield, California, January 7, 1987 - Page 9 According to Jay Bingham, Financial Analyst with the Bakersfield Minority Business Center, (MBC), the net profit for the business will improve once it is relo- cated into the new building. According to Mr. Bingham, with better management and the MBC's technical assis- tance, the net profit from the existing cash flow will improve to reflect the industry standard of 17%. The rents from the Barber Shop and Beauty Salon (based on pre-signed ]eases) will supply the additional income to amortize the loan at the projected monthly payment of $920. The rents will be $300 from the Barber Shop and $200 from the Beauty Salon leaving $420 to be made up by the Hamburger business. The information supplied by Mr. Bingham indicates that the Hamburger business will gen- erate sufficient cash flow to handle this portion of the debt. Any shortfall would come out of the owners' other cash accouts. The Johnsons propose to create their equity in the pro- ject by performing the plastering and related work which amounts to $18,072 or 17% of the project. Mr. Johnson has been a plastering contractor in this community for over 20 years. Our participation would be similar to that which was provided to Henry Shipes for his new facility at 417 Lakeview Avenue. Our funds would cover demolition, acquisition, and that portion of the construction costs not covered by the Johnsons. Therefore, it is recommended that the Council authorize staff to prepare an agreement for the Mayor's signature approving the funding of this project. Upon a motion by Councilmember Childs, Report No. 1-87 from the Budget and Finance Committee was accepted and the recom- mendations implemented. Councilmember Moore read Report No. and Finance Committee regarding the inclusion ment of the 19th Street Plan. 2-87 from the Budget of water as an ele- On December 10, 1986, at the request of Councilmember Rol]ie Moore, the issue of the inclusion of water as an element of the 19th Street Plan was referred to the Budget and Finance Committee by the City Council. The Committee reviewed the issue and discussed the cur- rent status of the 19th Street Plan with City staff. Staff explained the water elements had been discussed during the planning process and that additional comment by the Council would be welcome. It was felt by the Committee that the appropriate way to involve the entire Council in this process would be to have staff conduct a workshop on the 19th Street Plan. Therefore, this Committee recommends that the City Council request staff to conduct a workshop on the Street Plan. 19th This Committee recommends acceptance and approval of this report and the implementation of its recommen- dations. Bakersfield, California, January 7, 1987 Page 10 Upon a motion by Councilmember Moore, Report No. 2-87 from the Budget and Finance Committee was accepted, the recommen- dations implemented and the issue of inclusion of water as an ele- ment of the 19th Street Plan will remain in the Budget and Finance Committee for monitoring. Councilmember Ratty read Report No. 1-87 from the Urban Development Committee regarding eligibility for the provision of municipal services. Considering the numerous requests the City has been receiving for sewer service in unincorporated areas, this committee felt that it would be beneficial to restate the policy for providing sewer service. BACKGROUND Between 1980 and 1986, the population for the City of Bakersfield has grown 30.38% from 104,800 to 150,528. During this same period, twenty-eight annexations were completed including the annexation of ten inhabited county "islands". These annexations, along with rapid growth within the City, have resulted in higher demands for municipal services and supporting infrastructure. The replacement and upgrading of substandard and debili- tated services also continues to be a major concern in older more established neighborhoods. POLICY STATEMENT Pursuant to Chapter 14.16, Section 14.16.020 of the Municipal Code stating "...the City Engineer is author- ized to enter into an agreement for such sewer connec- tion in accordance with this chapter"; and in response to the constraints and demands for municipal services, the City policy directs municipal services be exclusi- vely available to incorporated areas. The following exceptions for eligibility are as follows: 1) Unincorporated territory under contract for municipal services; and 2) Unincorporated territory committed by an annexation agreement. All requests City Council partment for for municipal services shall be made to the and then referred to the appropriate de- review and processing. Councilmember Ratty made a motion 1-87 from the Urban Development Committee. this motion. to accept Report No. No action was taken on Upon a motion by Councilmember from the Urban Development Committee was Urban Development Committee. Ratty Report No. 1-87 referred back to the CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 4134 to 4433 inclusive, in the amount of $1,227,483.40. b. Claims for Damages and Personal Injuries from the following: Maria Schwartz, 349 "F" Street, No. 4, Wasco; Javier Adelso Orozco, 349 "F" Street, No. 4, Wasco; Bakersfield, California, January 7, 1987 - Page 11 Alicia Orozco, 349 "F" Street, No. 4, Wasco; Andrea Orozco, 349 "F" Street, No. 4, Wasco; Gregorio and Carmen Montano for Arthur Montano, 6401 Converse Avenue, Los Angeles; and Eaph Steele, 4409 Appleton Way. (REFER TO CITY ATTORNEY) c. Dedication of Property: 1. Street Right-of-Way Deed from Calvary Chapel of Bakersfield, Inc., for a portion of Sunset Canyon Drive located south of White Lane and west of Old River Road. Quitclaim Deed from the City Valza Corporation of rights located south of Ming Avenue Road. of Bakersfield to to canal easement and east of Wible d. Application for Encroachment Permit from the following: Richard P. Newman, dba Sparkle Cleaners, 121 Monterey Street. The applicant is requesting approval to construct 6-foot chain link fencing behind the sidewalk area along Stockton Street at 121 Monterey Street. Notice of Completion for the Bakersfield Senior Center Phase II, 530 4th Street. Notice of Completion and Acceptance of Work for the following projects: Furnish and Install Deep Well Turbine Pump and Motor for Fairhaven Water Well No. F-103, Con- tract No. 86-215, was completed on December i0, 1986. Improvement of portions of Charger Avenue and Royal Scotts Way, Contract No. 86-154, was com- pleted on December 12, 1986. Construction of E. 18th Street between Union Avenue and E. Truxtun Avenue and on Sonora Street between Union Avenue and E. Truxtun Avenue, Contract No. 86-104, was completed on December 12, 1986. Construction of storm drain on San Emidio Street from Elm Street to "A" Street, Contract No. 86-176, was completed on December 19, 1986. Parcel Map No. 7919, located near White Lane and Pin Oak Park Blvd., Improvement Agreement No. 86-70, was completed on December 11, 1986. Parcel Map No. 7134, located at Denise Avenue and Fallgatter Street, Improvement Agreement No. 84-171, was completed on December 12, 1986. Parcel Map Waiver No. 65-85, located at Calif- ornia Avenue and Mohawk Street, Improvement Agreement No. 86-2, was completed on December 14, 1986. Bakersfield, California, January 7, 1987 Page 12 Parcel Map Waiver No. 68-85, located at Chester Avenue and Columbus Street, Improvement Agree- ment No. 86-120, was completed on December 14, 1986. Median Closure on Stine Road south of White Lane, Improvement Agreement No. 85-2, was com- pleted on December 16, 1986. g. Plans and Specifications for resurfacing of Gosford Road between Westwold Drive and Ming Avenue. h. Single Audit Report for Fiscal Year 1985-86. Councilmember Childs made a motion to approve Items a, b, c, d, e, f, g and h of the Consent Calendar. Upon a' substitute motion by Councilmember Childs, Items a, b, c.1., d, e, f, g and h of the Consent Calendar, excluding Item c.2., were adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Upon a motion by Councilmember Childs, Item c.2. of the Consent Calendar was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Smith, Moore, Salvaggio None None Councilmembers Ratty and Dickerson Noes: Absent: Abstaining: ACTION ON BIDS Upon a motion by Councilmember Moore, bid from Pacific Equipment and Irrigation, Inc., in the amount of $8,183.20 for a three wheel turf truck was accepted. Upon a motion by Councilmember Childs, bid Scientific in the amount of $4,197.60 for a Mac Beth (Photo Light Meter) was accepted. from VWR Densitometer Upon a motion by Councilmember Christensen, low bid from Bytech Chemical Division of RMC in the amount of $6,130.78 for trash cans was accepted and all other bids rejected. Upon Department was Coffee Brewing Corporation. a motion by Councilmember Smith, the Finance authorized to enter into discount agreements with Service, Kandarian Electric, and Safety Clean DEFERRED BUSINESS Adoption of Zoning Resolution No. 340 of the Council of the City of Bakersfield granting appeal of Mel Yarrow from deci- sion of Board of Zoning Adjustment ap- proving Conditional Use Permit, requested by Sun Exploration & Production Company, allowing the drilling and operation of one well with associated equipment in an R-1 (One Family Dwelling) Zone and an R-2 (Limited Multiple Family Dwelling) Zone, the well to be located 870 feet west of Stine Road and 567 feet south of Harris Road, surrounded by a 400 foot by 400 foot drilling site centered on the well. Bakersfield, California, January 7, 1987 Page 13 Upon a motion by Councilmember Dickerson, Zoning Resolu- tion No. 340 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Councilmember Dickerson clarified his vote by stating he voted ~n favor of Zoning Resolution No. 340 as a result of the compromise between the residents of Fountain Springs Park and Sun Oil, and his vote is not to be construed as supporting the Environ- mental Impact Report. Adoption of Zoning Resolution No. 341 of the Council of the City of Bakersfield partially granting the appeal by Joseph Zubia from the decision of the Board of Zoning Adjustment approving a modifica- tion requested by Joseph Zubia to elimi- nate both the 10-foot side street yard and the 5-foot rear yard setbacks on that certain property commonly known as 101 Bernard Street. Upon Resolution No. adopted by the a motion by Councilmember Christensen, Zoning 341 of the Council of the City of Bakersfield was following vote: Ayes: Counci Noes: None Absent: None lmembers Childs, Christensen, Dickerson, Sa]vaggio Smith, Ratty, Moore, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield adding Sections 8.32.100 E. and 8.32.100 F. to the Bakersfield Municipal Code relating to refund of refuse charges. First Reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 15.76 to Title 15 of the Bakers- field Municipal Code relating to improved access to property. Purchase of ten R-1 Lots for a Self-Help Home Construction Project for $170,000.00. Upon a motion by Councilmember Salvaggio, the purchase of ten R-1 Lots for a Self-Help Home Construction Project for $170,000.00 was referred to the Budget and Finance Committee for further study and recommendation. Adoption of Council and Redevelopment Agency Meeting Calendar. Councilmember Dickerson suggested the Council defer action on this issue until the October 13, 1986, report to City Manager Caravalho from Assistant City Manager Pulskamp regarding the number and length of City Council meetings can be evaluated. Bakersfield, California, January 7, 1987 - Page 14 Councilmember City Manager Caravalho garding the number and Smith read the October 13, 1986, report from Assistant City Manager Pulskamp re- length of City Council meetings. to George, as I'm sure you will remember, in July, the City Council began to meet weekly. Eleven regular Council meetings were held during the first quarter of this fis- cal year. These meetings totalled 43 hours and averaged 3.9 hours per meeting. The first quarter figures repre- sent a 57% increase in the number of regular meetings and a 5% increase in the length of the regular meetings over the first quarter figures for 1985-86. A substitute motion a weekly meeting calendar for failed by the following vote: by Councilmember Dickerson to approve the Council and Redevelopment Agency Ayes: Councilmembers Christensen, Dickerson, Salvaggio Noes: Councilmembers Childs, Smith, Ratty, Moore Absent: None Mayor Payne restated Councilmember Ratty's motion to approve a hi-weekly schedule for Council meetings, beginning the first possible week when there are no public hearings already scheduled, with the Attorney's Office to come back with a Resolu- tion for approval by the Council. This motion was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Moore Councilmembers Christensen, Dickerson, Salvaggio None Councilmember Dickerson clarified his vote by stating it was his feeling that the majority of the Council sent a signal to the community that the Council is really not interested in it. Councilmember Childs clarified his vote by stating that it was his feeling that the Council sent a message to its colleagues to help keep the meetings to a minimum. Councilmember Christensen clarified his vote by stating that the voting citizen will not be represented by the Council, but by City Manager Caravalho and his choice people. Approval of an Agreement of the Council of the City of Bakersfield between the City of Bakersfield and Soils Engineering Inc., for providing geotechnical engi- neering services for the Buena Vista Sewer Trunk. Upon a motion by the Council of the City of was authorized to execute Councilmember Moore, an Agreement of Bakersfield was approved and the Mayor the agreement. Approval of an Agreement of the Council of the City of Bakersfield, an Amendment to Agreement No. 85-89 for appeal of an EPA Audit Determination (Wastewater Treatment Plant No. 2). Upon a motion by Councilmember Moore, an Agreement of the Council of the City of Bakersfield was approved and the Mayor was authorized to execute the agreement. Bakersfield, California, January 7, 1987 - Page 15 Approval of appointments of Linda Eviston, 7th member-at-large, and Fredrick Drew, 7th alternate-at-large, to the Fair Hous- ing Advisory Committee. Upon a motion by Councilmember Moore, the appointments of Linda Eviston, 7th member-at-large, and Fredrick Drew, 7th alternate-at-large, to the Fair Housing Advisory Committee were approved. Approval of an Agreement of the Council of the City of Bakersfield for installa- tion of traf[ic control signal system(s) and safety lighting at the intersection of Fairfax Avenue and State Highway Route 178. Upon a motion by Councilmember Smith the determination that this issue arose after the agenda was posted, and immediate action is necessary to meet a deadline set by the State, was approved by the following vote: Ayes: Counc Noes: None Absent: None ilmembers Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, Upon the Council of was authorized a motion by Councilmember Smith, an Agreement of the City of Bakersfield was approved and the Mayor to execute the agreement by the following vote: Ayes: Counc Noes: None Absent: None Jimembers Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, COUNCIL STATEMENTS Councilmember Childs requested three items be placed on the agenda for the January 14, 1987 Council meeting: 1) Civil Service Rules and Regulations dealing with nepotism, 2) informa- tion on the legislative interpretation of the new Brown Act rules, and 3) progress on implementation of the Lakeview Specific Plan. Councilmember Moore requested that appointments to the Police Department Civil Service Board, the Fire Department Civil Service Board and the Miscellaneous Department Civil Service Board be placed on the agenda for January 14, 1987. CLOSED SESSION Upon a motion by Councilmember Childs, the Council recessed to a Closed Session at 11:00 p.m., pursuant to Government Code Section 54957, regarding Labor Negotiations with City of Bakersfield's Chief Negotiator Bill Avery. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Moore, the meeting adjourned at 12:30 a.m. MAYOR of the City of BaJ~rst'ield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Calif. df