HomeMy WebLinkAbout01/14/1987 MINUTES CCBakersfield,
California,
January 14, 1987
Minutes of the Special Meeting of the Council of the
City of Bakersfield, California, for the purpose of a Workshop
held in City Hall Annex Building Conference Room at 5:15 p.m.,
January 14, 1987.
The meeting was called to order by Mayor Payne.
Present: Mayor Payne.
Councilmembers
Childs (seated at
5:30 p.m.), Christensen,
Smith, Ratty, Moore,
Dickerson, Salvaggio
FISCAL YEAR 1987-88 PRE-BUDGET SESSION
Budget,
revenue
City Manager Caravalho explained the Fiscal Year 1986-87
providing detailed information regarding General Fund
sources and expenditures.
Budget Analyst Stinson outlined the difference between
Council and staff priorities.
ADJOURNMENT
There being no further business to come before the
Council, Mayor Payne adjourned the meeting at 6:30 p.m.
ATTEST:
MAYOR of the City of BakeFsfield, Calif.
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
df
Bakersfield, California, January 14, 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 14, 1987.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Reverend Steve Kaay
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Payne.
Absent: None
Councilmembers Childs, Christensen, Smith,
Ratty, Moore, Dickerson,
Salvaggio
MINUTES
Upon a motion by Councilmember Moore, the Minutes of the
Regular Meeting of December 17, 1986, were approved.
INTRODUCTION
Bakersfield City Police Chief Price introduced newly-
elected Sheriff John Smith. Sheriff Smith spoke briefly, indicat-
ing he will work in cooperation with the City Police Department.
PUBLIC STATEMENTS
The following people spoke in protest of any postpone-
ment of the final decision on the Sand Creek Golf Course issue:
Larry Fankhouser, 2619 Hempstead Lane
Monte Harper, 2408 Eric Way
Mathew Phillips, 417 A Street
Wayne Maxwell, 5004 Evanston Court, spoke regarding the
leash law, requesting the Council appoint a committee to analyze
the problem of unleashed dogs and search for a solution.
Upon a motion by Councilmember Moore, the matter of in-
terpretation and enforcement of the leash law was referred to the
Inter-Governmental Relations Committee to facilitate working with
the County on this problem.
The following people spoke in protest of any postpone-
ment of the final decision on the Sand Creek Golf Course issue:
Sharon Moon, 2304 Mandeline Court
Bill Cooper, Kern River Parkway Committee,
Daniel Taylor, 1000 Olive Drive, #32
P.O. Box 1861
Marvin Stone, 624 Jackson Street, spoke regarding the
transient problem on Baker Street in Bakersfield.
Robhie Sutton, 2106 Butterfield Avenue, spoke regarding
the leash law.
Jack Saba, Saba's Clothing, 915 Baker Street, submitted
a written statement regarding the transient problem on Baker
Street, requesting the Council take action to improve the situation,.
Roy Malahowski, Greater Bakersfield Legal Assistance,
615 California Avenue, spoke regarding the Baker Street Corridor
Plan and its relation to the homeless. He stated his opposition
to adopting the proposed ordinance requiring the Conditional Use
Permit for social service agencies until further study is done.
Bakersfield, California, January 14, 1987 Page 2
The following people spoke in protest of any postpone-
ment of the final decision on the Sand Creek Golf Course issue:
Tom Blackman, 1903 Bradford
Bonnie Horton, 309 Sycamore
The following people spoke regarding the relocation of
an adult book store on Chester Avenue:
Bonnie Dowda, 2808 Chester Avenue
Richard Robinson, 1813 H Street, #128
Ted Murphy, 205 Haggin Street, spoke in protest of any
postponement of the final decision on the Sand Creek Golf Course
issue.
Larry Radonovich, S.P.C.A. President, introduced Anne
Reilly, Executive Director of the S.P.C.A., who spoke regarding
the leash law as provided in Section 6.04.040 of the City of
Bakersfield Municipal Code.
erty at
mission.
Sister Margaret, 322 Lakeview, spoke regarding the prop-
510 Lakeview, and her desire to use the building for a
Upon a motion by Councilmember Moore, the following New
Business Item was moved forward on the agenda.
NEW BUSINESS
Determination
Environmental
Creek Project.
of Fee Dispute concerning
Impact Report Fees for Sand
Paul Santy, of Sand Creek Associates, read into the
record a letter from the City Attorney's office dated December 3,
1986, to Bowens Biological Services as follows:
Dear Mr. and Mrs. Bowen:
On November 20, 1986, at a Planning Commission
meeting concerning the proposed Sand Creek Golf
Course, you spoke against approving a General Plan
Amendment which would allow the course to be built.
Your comments made it clear that you are unaltera-
bly opposed to the project and have been from its
inception. This is the same project upon which you
were retained to review the project site and write
an unbiased, non-prejudiced report. You submitted
said report on September 5, 1986, and this biologi-
cal survey report was made a part of the final en-
vironmental impact report on the project. As a
result of your employment, you are assumed to have
taken an unbiased position. Your subsequent appear-
ances before the Planning Commission have raised a
legal question regarding your lack of basic objec-
tivity. This may be cause for a lawsuit by the
developer. At no time did you obtain the permis-
sion of the City of Bakersfield to speak against
said course at the public hearing before the City
Planning Commission.
Also, you may have violated fiduciary duties toward
the City of Bakersfield and/or Environmental Impact
Planning Associates when you spoke against the Sand
Creek Project without obtaining the prior approval
of the City and/or Environmental Impact Planning
Associates. Your failure to fully disclose all
connections with competing interests prior to your
hiring may constitute further violations.
Bakersfield, California, January 14, 1987 Page 3
statement
In the event that legal action is instituted against
the City of Bakersfield by Sand Creek Associates,
this office hereby notifies you that it intends to
cross-complain against you and seek any indemnifi-
cation that may be necessary on behalf of our client
the City of Bakersfield.
Paul Santy, of Sand Creek Associates, read the following
into the record:
On December 12, 1986, Sand Creek Associates re-
ceived from the City of Bakersfield a statement
for $9,606.36, representing additional monies due
E.I.P. Associates in conjunction with the Environ-
mental Impact Report for the Sand Creek Golf
Course. This bill is in addition to the $52,000
that the project sponsors have already paid to the
City for this environmental study, bringing the
grand total to $61,606.36.
Original estimates from City Staff advised Sand
Creek that the Environmental Impact Report would
cost Sand Creek Associates between $25,000 and
$35,000.
It is the opinion of the Sand Creek Associates that
the excessive over-expense for the E.I.R., and, for
that matter, the project itself, was due to a
series of negligent errors in judgment and con-
scious efforts to delay and ultimately kill the
project.
The chain of events that have transpired to date is
as follows:
January 1986 - Sand Creek Associates deposit
$25,000 with the City of Bakersfield plus an addi-
tional $10,000 to be used only if necessary to
begin the E.I.R. process.
March 1986 - Draft Environmental Impact Report com-
pleted showing limited effects on the habitat.
May 1986 - Planning Commission hearing on Draft
E.I.R. E.I.P. Associates is required to do addi-
tional study and respond to each and every concern
brought up by environmentalists at the hearing.
Sand Creek Associates are required to deposit an
additional $7,000 to cover the expenses that will
occur to achieve this.
July 1986 Final E.I.R. is completed showing lim-
ited effects on the habitat and proposing mitiga-
tion measures with which Sand Creek Associates
agreed to comply.
August 1986 Planning Commission hearing. Bakers-
field City staff recommend with no reservations,
that the Planning Commission certify the E.I.R. as
a fair, adequate, suitable and complete study of
the project property in compliance with the
California Environmental Quality Act.
That same evening, E.I.P. Associates failed to
defend any of their previous findings. The end
result was a requirement for additional study at
additional expense, and once again, and this time
under protest, Sand Creek Associates deposit with
the City of Bakersfield yet another $10,000.
Bakersfield, California, January 14, 1987 - Page 4
September 1986 - Addendum No. i to the Final E.I.R.
is issued. Among other things, this document con-
tained the controversial report issued by Bowen's
Biological Services, a known supporter of Dr. Ted
Murphy's position, and a constant verbal opponent
of the proposed Sand Creek Golf Course. It is be-
yond belief that these people were chosen by E.I.P.
to do work on this project and even more unbelieva-
ble that the City of Bakersfield approved such a
report with full knowledge of the Bowen's bias.
October 2, 1986 - Over written objections by Sand
Creek Associates regarding the Bowen's report, the
E.I.R. is certified by the Bakersfield Planning
Commission as fair and adequate.
For the record, Sand Creek Associates believe that
this property is not "environmentally unique".
The question that must be asked is, "If in fact,
this 65 acres is, as the Bowen's perceive it,
totally pristine, unique and irreplaceable, why did
a supposedly qualified firm such as E.I.P.
Associates fail to make that determination in any
of their several previous visits to the property?
Sand Creek Associates respectfully request that the
City Council find that the fees paid for the
Environmental Impact Report are unreasonable and
that no further payment be required.
Upon a motion by Councilmember Moore, it was determined
that the fees billed to Sand Creek Associates are due and payable,
the applicant's request for any reduction, omission of, or change
in those fees is denied, and no Council action will be taken until
those fees are paid.
Richard Monje, Kern River Foundation, requested that the
Sand Creek Hearing be held at a time certain.
(New Business is continued on page 13.)
HEARINGS
This is the time set for Public Hearing
on the Proposed Amendment to the Kern
River Plan Element from Resource Manage-
ment/Flood Hazard to Public and Private
Recreation/Flood Hazard. Related accep-
tance and certification of final EIR for
proposed Sand Creek Golf Course.
Upon a motion by Councilmember Moore, the hearing on the
Proposed Amendment to the Kern River Plan Element from Resource
Management/Flood Hazard to Public and Private Recreation/Flood
Hazard was continued until Wednesday, January 21, 1987, predicated
upon the payment of fees billed to Sand Creek Associates, due and
payable to the City of Bakersfield on Monday, January 19, 1987.
Councilmember Dickerson requested that the question of
scheduling a hearing prior to payment of fees be placed on the
agenda for the next Council meeting.
Mayor Payne recessed the meeting at 8:10 p.m. The meet-
ing reconvened at 8:30 p.m.
Bakersfield,
California,
January 14,
1987 - Page 5
Upon a motion by Councilmember Moore, it was determined
that any recesses for the remainder of the evening would be two
minutes in length.
This is the time set for receipt of oral
and written presentation concerning new
or increased fees for planning, building
and subdivision services.
Dave Price, Building Industry Association
spoke in support of the increased fees for planning,
subdivision services.
of Kern County,
building and
Mayor Payne declared the hearing open for public par-
ticipation.
Upon a motion by Councilmember Ratty, presentations were
received and referred to the City Manager for consideration by the
following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Smith, Ratty, Moore
Councilmembers Christensen, Dickerson, Salvaggio
None
CORRESPONDENCE
Upon a motion by Councilmember Smith, communication from
the Board of Trustees of the Beardsley School District, 1001
Roberts Lane, dated December 29, 1986, regarding Notice of Pro-
posed Negative Declaration for the proposed levying of fees on
residential, commercial and industrial construction in the dis-
trict pursuant to Government Code Section 53080, was received and
referred to the Urban Development Committee.
Upon a motion by Councilmember Christensen, communica-
tion from Leland Luttrell, 3007 Panorama Drive, dated December 29,
1986, regarding proposal to downzone from R-2 R-3 to R-1 in an
area bounded by Baker Street, Alta Vista Drive, Bernard Street and
Highway 178, was received and referred to the Development Services
(Planning) Department.
Councilmember Salvaggio made a motion to receive com-
munication from Citizens Leading Effective Action Now, P.O. Box
918, Modesto, dated January 2, 1987, requesting Council support
for Senate Bill 5, known as the Miller Standard, and refer it to
the City Attorney's office for preparation of a resolution of sup-
port for Council action at the January 21, 1987, meeting.
A motion by Councilmember Dickerson to call for the
question was approved.
Upon a substitute motion by Councilmember Childs, com-
munication from Citizens Leading Effective Action Now, P.O. Box
918, Modesto, dated January 2, 1987, requesting Council support
for Senate Bill 5 known as the Miller Standard, was received and
referred to the Legislative Committee for draft of a proposed reso-
lution for Council action at the meeting of January 21, 1987, by
the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Ratty, Moore, Dickerson
Councilmembers Christensen, Smith, Salvaggio
None
Upon a motion by Councilmember Moore, communication
received from Catholic Social Services, dated January 9, 1987,
regarding a proposed ordinance on social services, was received
and referred to the Planning Commission.
Bakersfield, California, January 14, 1987 - Page 6
Upon a motion by Councilmember Moore, communication from
the Greater Bakersfield Chamber of Commerce, dated January 14,
1987, regarding "public/private" promotion and economic develop-
ment corporation proposal, was received and placed on file.
REPORTS
City Manager Caravalho read City Manager's Report No.
1-87 regarding a proposal for a private/public corporation for
community promotion, economic development, tourism and conven-
tions as follows:
Purpose - To develop a private/public nonprofit
corporation with a strong board of directors and a
professional executive director that will provide
leadership in community promotion, economic devel-
opment outreach, and promotion of tourism and con-
ventions.
Background For some time there has been commu-
nity interest in developing a
comprehensive promotion and economic development
outreach program. Competition for businesses in
California has increased as cities become more
aggressive and better organized in this area. A
group of private sector business people has been
working to develop such a program with the county.
After over a year, this effort has been less than
satisfactory.
Proposal This proposal is to restructure the
Tourist and Convention Bureau to include promotion
and marketing responsibilities for economic deve-
lopment. Considering that promoting the City of
Bakersfield for tourism, conventions, business and
industrial development will use much of the same
marketing techniques, merging these functions can
offer a more cost effective program. This proposal
calls for an organization with two divisions under
the executive director, one for economic devel-
opment and one for tourism and conventions. They
both, however, will be provided leadership and pol-
icy development under one board of directors and
both will share marketing and clerical support.
The program will be financed by the private and
public sectors.
BAKERSFIELD PROMOTION AND DEVELOPMENT CORPORATION
A Private Nonprofit Corporation for Community
1. Promotion, Economic Development, Tourism and
Conventions.
2. Board of Directors 15 members
Hotel/Motel
Food Service
Chamber of Commerce
Large Corporation
City of Bakersfield
Local Development Corporation
Marketing Firm
Board of Realtors
Total
3. Revenues:
$200,000
25,000
100,000
25,000
$350,000
City of Bakersfield
Member Dues
Private Sector
Chamber of Commerce
Total
(Bed Tax)
Bakersfield,
California,
January 14, 1987
Page 7
4. Structure:
Board of Directors
{
Executive Director
Economic Tourism and
Development Conventions
Clerical
Marketing
Clerical
Office: Chamber of Commerce Building
Staffing:
Immediately hire new professional executive
director and one clerical. Use existing tour-
ist and convention staff. Marketing director
will be 50% convention's and 50% economic de-
velopment.
Base Benefits
1. Executive Director $ 60
2. Marketing Specialist 40
3. Convention Specialist 37
4. Secretary 13
5. Receptionist 12
5 Total $162
000 $17,000
000 8,000
800 7,570
090 2,620
000 3,000
890 $38,190 = $201,080
Budget:
Economic
Development
Convention
Staff $ 38,500
24,000
7,855
7,500
Director $ 38,500
Marketing Specialist 24,000
Convention Specialist 45,370
Secretary 7,855
Receptionist 7,500
Operating
52,500
10,000
5,000
2,000
Promotion 50,000
Supplies 7,000
Phone 5,000
Capital Outlay 2,000
Capital 5,000 Travel 5,000
$152,355 $192,225
8. Program Goals:
Promote City of Bakersfield
tising, publications, trade,
development of a logo, real
etc.
through adver-
shows, tours,
estate seminars,
Bakersfield, California, January 14, 1987 - Page 8
Encourage business and industrial development
and retention through an aggressive outreach
program.
Create jobs and commerce.
Seek foreign market investment in the City.
Promote tourism and convention activities.
Facilitate periodic festivals to encourage
tourism and commerce and enhance community
pride and identity.
Create an ongoing comprehensive data base and
resource file on the City.
Coordinate activities with the City and County
to provide streamlined permitting services.
Encourage manpower training and development for
employment resources.
BAKERSFIELD PROMOTION AND DEVELOPMENT CORPORATION
(A Nonprofit Corporation)
Community Promotion Address (Logo)
Economic Development
Tourism/Conventions
Board of Directors
Councilmember Dickerson stated for the record that he
feels the City of Bakersfield ought to have its own marketing
program, and if that was the proposal of City Manager Caravalho,
he could support that. He could support having a county and city
plan. He feels that we are getting to the stature of a community
that needs to have these services provided to its constituents.
Upon a motion by Councilmember Salvaggio, City Manager
Report No. 1-87 regarding a proposal for a public/private corpora-
tion to promote Community Promotion, Economic Development, Tourism
and Conventions, was referred to the Inter-Governmental Relations
Committee.
regarding
Office.
City Manager Caravalho read City Manager Report No. 2-87
Management and Operations Audit of the City Attorney's
The firm of Main Hurdman has completed the attached
audit of the City Attorney's Office. Contained in
that audit are 29 separate recommendations. Staff
has completed a report which is also attached that
addresses each of these recommendations and pro-
vides the direction believed to be the most appro-
priate for each.
Bakersfield, California, January 14, 1987 Page 9
The highlights of the recommendations include the
addition of three separate positions. Two of these
positions, a Deputy City Attorney I and an Admini-
strative Aide, would be included in the Attorney's
Office. The third position, that of Clerk Typist
II, would be for the Risk Management function which
has been taken out of the City Attorney's Office
and placed in the City Manager's Office. Since the
remainder of the recommendations are fairly narrow
in scope and the report recommends the addition of
three positions, it is recommended that the
attached report be received and referred to the
Personnel Committee for further study.
Upon a motion by Councilmember Moore, City Manager Re-
port No. 2-87 was received and referred to the Personnel Committee.
Councilmember Ratty, Chairman of the Urban Development
Committee, read Urban Development Committee Report No. 2-87.
On December 11,
to discuss the
Ordinance".
1986, this Committee met with staff
proposed "Social Service Agency
The Committee was informed by staff that the need
for this Ordinance arose out of the development of
the Baker Street Corridor Specific Plan. Both the
business community and existing social service
agencies in the area generally support the need for
this ordinance. If adopted, it will more closely
regulate future social service agencies; their
location, size, and impact on the surrounding
neighborhood.
Therefore, it is the recommendation of this
Committee that the proposed Ordinance be referred
to the Planning Commission for review and a recom-
mendation back to the City Council.
Upon a motion by Councilmember Ratty,
Committee Report No. 2-87 was approved and the
referred to the Planning Commission.
Urban Development
proposed ordinance
Councilmember Smith read Urban Development Committee
Report No. 3-87 regarding refrigerated rail car noise problem.
The Committee has had several meetings related to
the problem of refrigerated rail car noise at the
California Avenue Santa Fe yard. There have been
meetings with residents and with the Fruit Growers
Express Corporation. Although many options have
been explored, the problem has not been reduced
sufficiently.
The Committee feels that it is now necessary to
document the severity of the noise problem. It
will aid understanding by all parties, but also
a necessary step before formal action.
Several quotes have been obtained to conduct a
noise study. The Building Director indicates that
such a study could be expected to cost $5,000. The
funds would be available from Council contingency.
The Committee respectfully requests approval of the
fund transfer and approval of this report.
Upon a motion by Councilmember Smith, Urban Development
Committee Report No. 3-87 was approved and approval given for the
traas{er of funds from Council contingency to conduct a noise
stuoy
Bakersfield, California, January 14, 1987 Page 10
Councilmember Moore read Budget and Finance Committee
Report No. 3-87 regarding a request by Sister Margaret of the
King's Mission to purchase City-owned property at 510 Lakeview
Avenue.
On December 10, 1986, Sister Margaret, representing
the King's Mission, addressed the City Council
about allowing her to purchase City-owned property
at 510 Lakeview Avenue for the purpose of operating
a shelter for the homeless in the Lakeview area.
This item was referred to the Budget and Finance
Committee by the City Council.
The committee reviewed the proposal by Sister Mar-
garet and discussed with City staff its consistency
with the Business Development and Revitalization
Strategy approved by the City Council on February
3, 1985.
As the Business Development and Revitalization
Strategy is being implemented by the City's Commun-
ity Development Department, several projects have
been completed in the Lakeview area, notably the
construction of a 3,100 square foot commercial
building housing a mini-market, laundromat, and a
check cashing service. Other projects include the
Joseph Victori Wines facility and several demoli-
tions of substandard buildings in the Lakeview
area. Several more are being reviewed for imp]e-
mentation during 1987.
The committee recognizes that the homeless problem
is one of nationwide and City-wide concern. The
City is currently conducting a study of the home-
less problem in order to address it in a comprehen-
sive manner. The committee feels that the proposed
use of the property at 510 Lakeview by Sister
Margaret would not be consistent with the City's
Business Development and Revitalization Strategy
and could have a negative impact on efforts to
revitalize this area.
Therefore, based on this review and the City
Council's desire to pursue those projects consis-
tent with the Business Development and Revitaliza-
tion Strategy which provide a positive economic
impact in the Lakeview area, this committee recom-
mends that the City Council take no further action
at this time. This committee recommends acceptance
and approval of this report and the implementation
of its recommendation.
Upon a motion by Councilmember Moore, Budget and Finance
Committee Report No. 3-87 was accepted.
Upon a motion by Councilmember Moore, the services of
the Salvation Army, the Rescue Mission and the Catholic Social
Services are to be utilized as an advisory group to the Council
regarding issues dealing with mission projects.
Councilmember Childs clarified his vote by stating that
he is in support of the original recommendation in Budget and
Finance Committee Report No. 3-87, but out of deference to his
colleagues in trying to find an additional solution to give Sister
Margaret another avenue to facilitate her project, he supported
Councilmember Moore's motion. That is the only reason he support-
ed the motion.
Bakersfield, California, January 14, 1987 - Page 11
Councilmember Dickerson clarified his vote by stating
that he has served with the Salvation Army on projects and the
Catholic organization, along with other good religious organiza-
tions and non-profit corporations, and he certainly upholds and
supports them and he doesn't want anyone to assume that he has any
concern or feeling of disappointment in their activities at all.
What he is concerned about is that the Council provide Sister
Margaret with the opportunity in the best frame of mind possible
to allow her, in a free enterprise system, to develop her project.
He feels the Council has come into competition with her and that
it is up to the Council to help her achieve her very noble goal.
He feels the Council needs to focus on that and not so much on the
rhetoric and posturing.
Upon a motion by Councilmember Salvaggio, the vote taken
on Councilmember Moore's motion to utilize the services of the
Salvation Army, Rescue Mission, and Catholic Social Services as an
advisory group to the Council in regard to issues dealing with
mission projects, was reconsidered.
Councilmember Moore restated his motion, to accept the
concept of having the Salvation Army, Rescue Mission and Catholic
Social Services act in an advisory capacity to the City for any
items we would refer to them to review and give us advice upon.
This motion was approved by the following vote:
Ayes: Councilmembers Childs, Smith, Ratty, Moore
Noes: Councilmembers Christensen, Dickerson, Salvaggio
Absent: None
Councilmember Dickerson clarified his vote by stating
that if the City Attorney's office had reviewed the conception of
this new advisory group, he might be able to accept it, but with-
out a review and some type of a written memorandum of understand-
ing he cannot support this concept at this time.
Councilmember Salvaggio clarified his vote by stating
that he supports the concept. The reason he voted no is because,
in effect, it is taking the place of the Budget and Finance Com-
mittee report that recommends that the City not sell the property
to Sister Margaret, and he thinks that is how the issue should
have been voted on, one way or the other, and then Mr. Moore's
motion, which he supports, should have followed. Sister Margaret
came a few weeks ago making this request and he feels the Council
should have answered yes or no. He does not want these other
organizations to think that his vote was intended any other way.
Councilmember Christensen clarified his vote by stating
that the responsibility has been placed on an outside agency when
it is the Council's responsibility.
Councilmember Moore restated his second motion to request
that the advisory group, consisting of the Salvation Army, Rescue
Mission and Catholic Social Services, meet with Sister Margaret,
review her ministry, and offer any suggestions or advice as appro-
priate to the City staff. This motion was approved.
CONSENT CALENDAR
The following itelns were listed on the Consent Calendar:
a. Approval of Warrant Nos. 4434 to 4487 inclusive, in
the amount of $690,075.03.
b. Claims for Damages and Personal Injuries from the
following:
Bakersfield, California, January 14, 1987 - Page 12
Oscar Galindo, 6013 Medio Luna Avenue;
Eddie Hammonds, c/o 1430 Truxtun Avenue, Suite 500;
and
Patricia Brown, 33134 Pioneer Drive.
(REFER TO CITY ATTORNEY)
Sewer Line Easements from Jean Laborde to the City
for that portion of the Buena Vista Sewer Trunk
System between Rosedale Highway and Olive Drive and
from easterly of Calloway Drive to Fruitvale Avenue.
Notice of Completion and Acceptance of Work for the
extension of fire system improvements at the inter-
section of South King Street and Virginia Avenue,
Contract No. 86-117, was completed on October 2,
1986.
Notice of Completion and Acceptance of
extension of fire system improvements
between 8th and 10th Streets, Contract
was completed on October 2, 1986.
Work for the
in K - L Alley
No. 86-118,
Notice of Completion and Acceptance of Work for the
18th Street resurfacing from "F" Street to Union
Avenue, Contract No. 86-174, was completed on Decem-
ber 2, 1986.
g. Plans and Specifications for removing striping and
pavement markings on 34th Street and on Wilson Road.
e, f and
call vote:
Upon a motion by Councilmember Childs, Items a, b, e, d,
g of the Consent Calendar were adopted by the followin9 roll
*See below
ACTION ON BIDS
Adoption of Resolution No. 5-87 of the
Council of the City of Bakersfield deter-
mining that certain communication radios
can be reasonably obtained from only one
vendor and authorizing the Finance Direc-
tor to dispense with bidding.
Upon
of the Council
lowing vote:
a motion by Councilmember Ratty, Resolution No. 5-87
of the City of Bakersfield was adopted by the fol-
Ayes: Count
Noes: None
Absent: None
i]members Childs, Christensen,
Dickerson, Salvaggio
Smith,
Ratty, Moore,
Adoption of Resolution No. 6-87 of the
Council of the City of Bakersfield deter-
mining that certain water current meter
equipment can be reasonably obtained from
only one vendor and authorizing the Fi-
nance Director to dispense with bidding.
Upon
of the Council
lowing vote:
a motion by Councilmember Ratty, Resolution No. 6-87
of the City of Bakersfield was adopted by the fol-
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvaggio
None
None
Smith,
Ratty, Moore,
*Ayes:
Noes:
Absent:
Councilmembers £hilds,.Christensen, Smith, Ratty, Moore, Dickerson,
Salvagglo
None
None
Bakersfield,
California, January 14, 1987 - Page 13
Mayor Payne
meeting reconvened at
recessed the meeting at 10:30 p.m.
10:40 p.m.
DEFERRED BUSINESS
The
Adoption of Ordinance No. 3083 New Series
of the Council of the City of Bakersfield
adding Sections 8.32.100 E and 8.32.100 F
to the Bakersfield Municipal Code relat-
ing to refund of refuse charges.
Upon a motion by Councilmember Smith, Ordinance No. 3083
New Series of the Council of the City of Bakersfield was adopted
by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Salvaggio
Councilmember Dickerson
None
Smith, Ratty, Moore,
Councilmember Dickerson clarified his
that he felt the Council should have given the
rebate.
vote by stating
seniors a complete
Adoption of Ordinance No. 3084 New Series
of the Council of the City of Bakersfield
adding Chapter 15.76 to Title 15 of the
Bakersfield Municipal Code relating to
improved access to property.
Upon a motion by Counci]melnber Dickerson, Ordinance No.
3084 New Series of the Council of the City of BaRersfield was
adopted by the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith,
Ratty, Moore,
Adoption of Resolution No. 7-87 of the
Council of the City of Bakersfield fixing
the dates of meetings and workshops of
the Council for the months of January,
February, March, April, May, June and
July, 1987.
Upon a motion by Councilmember Moore, Resolution No. 7-87
of the Council of the City of Bakersfield was adopted by the fol-
lowing vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Smith, Ratty, Moore
Councilmelnbers Christensen, Dickerson, Salvaggio
None
Councilmember Dickerson clarified his vote by stating
that since it was approaching eleven o'clock he was afraid that
with the new schedule the Council would go back to a midnight
shift of meetings and he didn't think that would do the Council or
the community a service. His hope was that the Council would mon-
itor the meeting lengths and go back to the weekly meeting system.
NEW BUSINESS CONTINUED
First Reading of an Ordinance of the
Council of the City of Bakersfield adding
Section 12.20.020 D. to the Bakersfield
Municipal Code relating to insurance
requirements for encroachment permits.
Bakersfield,
California,
January 14,
1987 - Page 14
Approval of Consulting Services Agreement
with Edward J. Wilson of Wilson & Asso-
ciates, for apportionment of assessments
in Assessment District No. 82-1.
Upon a motion by Councilmember Salvaggio, a Consulting
Services Agreement with Edward J. Wilson of Wilson & Associates
for apportionment of assessments in Assessment District No. 82-1
was approved and the Mayor authorized to execute.
Approval of Agreement with J. E. Grind-
staff, Jr., for providing construction
engineering services for the Buena Vista
Sewer Trunk.
Upon a motion by Councilmember Childs, an Agreement with
J. E. Grindstaff, Jr., for providing construction engineering serv-
ices for the Buena Vista Sewer Trunk was approved and the Mayor
authorized to execute.
Approval of Agreement with Pacific Gas and
Electric Company for removal and reloca-
tion of overhead electrical facilities at
Wastewater Treatment Plant No. 3.
Upon a motion by Councilmember Moore, an Agreement with
Pacific Gas and Electric Company for removal and relocation of
overhead electrical facilities at Wastewater Treatment Plant No. 3
was approved and the Mayor was authorized to execute.
Approval of Agreement with Tenneco Realty
Development Corporation, U. S. Home Cor-
poration and Johnson and Sons Plumbing
for reconstruction of improvements dam-
aged by subsidence in the Gorbett Lane
area.
Upon a motion by Councilmember Ratty, an Agreement with
Tenneco Realty Development Corporation, U. S. Home Corporation and
Johnson and Sons Plumbing for reconstruction of improvements dam-
aged by subsidence in the Gorbett Lane area was approved and the
Mayor authorized to execute.
Approval of Loan Agreement with Westminster
Ceramics to modify original Agreement No.
84-32 allowing that the subordination
clause in the original agreement be car-
ried through in the Phase II expansion.
Upon a motion by Councilmember Childs, a Loan Agreement
with Westminster Ceramics to modify original Agreement No. 84-32
allowing that the subordination clause in the original agreement
be carried through in the Phase II expansion was approved and
authorization given to execute the new agreement.
Approval of Agreement with San Joaquin
Industrial Medicine Associates for pro-
fessional medical services (City Doctor).
Upon a motion by Councilmember Christensen, an Agreement
with San Joaquin Industrial Medicine Associates for professional
medical services was approved and the Mayor authorized to execute
by the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith,
Ratty, Moore,
Bakersfield, California, January 14, 1987 - Page 15
Reappointment of Current Civil Service
Board Vacancies.
Upon a motion by Councilmember Smith, William R. Perry
was reappointed to a three-year term on the Police Department
Civil Service Board, term expiring December 31, 1989.
Upon a motion by Councilmember Childs, Harold L. Matlock
was reappointed to a three-year term on the Fire Department Civil
Service Board, term expiring December 31, 1989.
Upon a motion by Councilmember Smith, Louis G. Whitfield
and Florence Norwood were reappointed to three-year terms on the
Miscellaneous Department Civil Service Board, terms expiring
December 31, 1989.
Reappointment of Current Board and Com-
mittee Vacancies.
Upon a motion by Councilmember Sa]vaggio, the Public
Works Manager was reappointed to a three-year term on the Board of
Zoning Adjustment, and the Assistant Public Works Manager was
reappointed as alternate, terms expiring December 1, 1989.
Upon a motion by Councilmember Salvaggio, the Assistant
Building Director was appointed to fill a vacant position as an
alternate to the Building Director on the Board of Zoning Adjust-
ment, term expiring December 1, 1987.
Upon a motion by Councilmember Childs, Kay F. Madden
was reappointed to a seven-year term on the Citizens Auditorium
Committee, term expiring January 3, 1994.
COUNCIL STATEMENTS
Nepotism Discussion of Bakersfield Muni-
cipal Code Section 2.72.130.
Councilmember Childs spoke concerning nepotism in regard
to Bakersfield Municipal Code Section 2.72.130, making a motion to
direct staff to draft language to give every citizen of the City
of Bakersfield the opportunity to work for the City if they so
desire, especially in regard to temporary employees.
Upon a motion by Councilmember Christensen the call for
the question was approved.
issue of
2.72.130
study.
Upon a substitute motion by Councilmember Salvaggio, the
nepotism in regard to Bakersfield Municipal Code Section
was referred to the Personnel Committee for further
Legislative Interpretation of the Brown
Act.
Upon Councilmember Childs' request,
pretation of the newly i~nplemented Brown Act
to all Councilmembers by the City Attorney's
a copy
will be
office.
of the inter-
distributed
Lakeview Specific Plan.
Upon Councilme~nber
Strenn provided an update of
Plan.
Child's request, Deputy City Manager
the status of the Lakeview Specific
Sumner Street and Beale Avenue Transient
Health and Litter Issue.
events of
the Beale
Councilmember Ratty spoke in clarification of reported
the City Police Department's handling of the homeless at
Street Underpass.
Bakersfield, California, January 14, 1987
Page 16
Norman Walters spoke regarding the transient problem on
Baker Street.
Councilmember Salvaggio requested the issue of Assembly
Bill 2948 regarding a procedure for the development of hazardous
waste management be placed on the agenda for January 21, 1987.
Councilmember Moore stated that William Mattox, whose
resume was introduced at the January 7, 1987, Council meeting in
regard to the Planning Commission, has since expressed his inter-
est in the Civil Service Commission.
Councilmember Moore submitted a resume
Ruddell for consideration for appointment to the
Commission.
from Herman F.
Planning
Councilmember Moore commended Mayor Payne for his efforts
regarding the Mayor's Prayer Breakfast.
City Manager Caravalho gave a brief report on his recent
trip to New York with City Finance Director Klimko for a meeting
to review the City's bonds for the Clairion Hotel, which will be
brought before the Council and the Redevelopment Agency at the
January 21, 1987 meeting for approval.
CLOSED SESSION
Upon a motion by Councilmember Ratty, Council recessed
to Closed Session at 11:35 p.m., pursuant to Government Code
Section 54957, regarding Labor Negotiations with City of
Bakersfield's Chief Negotiator Bill Avery.
Upon a motion by Councilmember Christensen, Memorandum
of Understanding with Kern County Public Employees Association,
S.E.I.U. Local 700, was approved and execution authorized by the
following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Salvaggio
Councilmember Dickerson
None
Smith, Ratty, Moore,
ADJOURNEMENT
There being no further business to come before the
Council, upon a motion by Councilmember Christensen, the meeting
was adjourned at 11:52 p.m.
ATTEST:
MAYOR of the City of Ba~,~rsfield, Calif.
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
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