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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 df