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.
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