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HomeMy WebLinkAbout01/21/1987 MINUTES CCBakersfield, California, January 21, 1987 Minutes of the Regular Meeting of the Council of the City of Bakersfie]d, California, held in the Council Chambers of City Hall at 7:00 p.m., January 21, 1987. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Chaplain Ed Meissner 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 PUBLIC STATEMENTS Elizabeth Johnson, 2500 Ashe Road, #B, spoke on behalf of God's House or Prayer, to be located at 1819 "M" Street. She stated the facility was originally planned as a headquarters for the organization. However, after receiving requests for low cost meals and promises for donations of food, the plan has changed to include meals for people with limited incomes. She stressed the fact that it will not be a place for transients to receive free food. The following people spoke in protest of the proposed Soup Kitchen at 1819 "M" Street: Ken Reed, 1525 Wall Street Pat Griffin, 1910 "L" Street (also submitted a letter in protest 1219 19th Street) Steve Magnus, 1130 19th Street Egan Gost, 1101 19th Street Mary Lipco, 1209 19th Street Fred McKenna, 1810 Chester from Gary Stein, Norman Waiters, 3301 Dwight Street, spoke in protest of the Sand Creek Golf Course project. Upon a motion by Councilmember Christeasen, the follow- ing Council Statement was moved forward on the agenda. COUNCIL STATEMENTS Discussion of Adult Bookstores/Porno- graphy on Chester Avenue, Baker Street and 19th Street. Councilmember Christensen read the following statement: KNOW THE FACTS FIRST The hospita] workers' blast against Adult Book- stores and their cry that it is the City Council's responsibility to "railroad" them away from Chester Avenue and control this moral issue is totally absurd. The U.S. Supreme Court in 1973 ruled that Adult Bookstores do not come under the definition of obscenity and pornography - their ruling was that the definition of obscenity should be based on con- temporary community standards rather than national or state standards. Bakersfield, California, January 21, 1987 - Page 2 California thus far has not passed a law making community control possible. However, there is a current bill (SB 5) before the Senate to change definition of obscenity. the The hospital workers' problem is with Legislature. Please direct your anger to your assemblyman and senator. the State and letters The statements on the sigos were repulsive and de- meaning. No doubt the demonstrators in the foyer of City Hall last Wednesday wished they had had shopping paper bags over their heads because of the stand they took on wrong information. Remember: 1) Adult present definition; many bookstores as Bookstores are permissible under and 2) you will always have as public commerce will tolerate. I personally have a high regard for women and children. I am pleased that women, through the years, have won the battle for equality so they are no longer second class citizens. (Council Statements are continued on Page 11.) HEARINGS This is the time set for the Continued Public Hearing on the Proposed Amendment to the Kern River Plan Element from Re- source Management/Flood Hazard to Public and Private Recreation/Flood Hazard. Re- lated acceptance and certification of final EIR for proposed Sand Creek Golf Course. Mayor Payne declared the hearing open for public partic- ipation. The following spoke in support of the Sand Creek Golf Course Project: Orville Thornall, 2701 Noble Avenue Robert Soden, 6817 Cedarcrest Avenue, Castaway Golfers Katie Soden, 6817 Cedarcrest Avenue, Gadabout Golfers Bob Hutchinson, 5404 Claire Street William Anderson, representing 150 representing 100 513 Vista Verde Way Upon was allowed to limit. a motion by Councilmember Childs, William Anderson speak for three minutes past the thirty-minute time Upon a motion by Councilmember Childs, proponents were allowed to continue to speak. Gary Gadeke, submitted by Mr. Robert N. the Sand Creek Golf Course a Sand Creek Associate, Eddy, a local architect project. read a letter in support of Paul Santy spoke in support of the Sand Creek Golf pro- ject. Carol Burrell spoke in support of the Sand Creek Golf project. Mayor Payne recessed the meeting at 8:34 p.m. The meet- ing recoavened at 8:45 p.m. Bakersfield, California, January 21, 1987 - Page 3 The following people spoke in opposition to the Sand Creek Golf Course project. Richard Robinson, 1813 "H" Street, #128 Bruce Bowen, 3004 Cedarwood Norman Waiters, 3301 Dwight Street Richard Monje, Attorney for Kern River Foundation Harry Rhet Daniel Taylor, 1000 Olive Drive, #32 Ted Murphy, 205 Haggin Street Robert Sterling, 6613 Caswell Janelie Cooper, 7901 Debbs Avenue Gene Tackett, 4542 Skye Drive Sharon Moon, representing the Kern Audubon Society Donna Yowell, 914 Castaic Avenue Arthur Unger, 2815 La Cresta Drive, representing the Sierra Club Matthew Phillips, 417 A Street Dennis Fox, 918 Blossom Arlene Adams read the following letter into the record: On April 24, 1986, in a letter to the City of Bakersfield, the United States Department of the Interior Fish and Wildlife Service recommended that the City drop consideration of this project because the P.D.E.I.R. found that the conversion of the area to a golf course is likely to reduce the habi- tat diversity significantly, thereby causing dis- placement of critical prey species and eventually the local extinction of the federally listed endan- gered species, San Joaquin Kit Fox. Environmenal Impact Report Consultant Biologists recommended development of a management plan ad- dressing the species over a larger portion of the Kern River floodway, stating that until such plans have been completed and adopted, any development project involving native lands, and any endangered species would have to be considered a significant cumulative impact. The Fish and Wildlife Service also point to that selection of an alternative site where resource sensitivity is not significant would be one option to complete abandonment of golf course construc- tion. On May 12, 1986, in a letter to the City of Bakers- field, the California Department of Fish and Game noted that the change in habitat composition will reduce the species diversity of native plants and animals, including species listed as rare, threat- ened, or endangered as well as other wildlife using the site. The Riparian Corridor would be fragment- ed due to the loss of brush understory and tree cover. In addition, human disturbance would greatly reduce benefits intended through habitat retention in open space areas. The Department of Fish and Game also said, "In our opinion, the proposed wildlife pro- tective measures will not reduce the project's wildlife impact to acceptable levels and on the basis of the information already present in the draft EIR record, we recommend the City of Bakersfield give serious consideration to rejection of the project outright, without further expendi- tures for studies and document preparation or look elsewhere for a construction site." Bakersfield, California, January 21, 1987 Page 4 Linda Cooley, 2211 California Avenue, #3 Bill Asterson, representing California Department of Fish and Game Rich O'Neil, 6600 Desmond Court, read a letter from Bill Cooper, Chairman of the Kern River Parkway Committee Sharon Clark, 2500 La Siesta Drive Carol Raupp, 5000 Belle Terrace, #216 Larry Fankhauser, 2619 Hempstead Lane The following people spoke in summation supporting the Sand Creek Golf Course project: Kenneth Kind, Attorney for Sand Creek Associates Bob Hutchinson, 5404 Claire Street The following people spoke in summation opposing the Sand Creek Golf Course project: Richard Monje, Attorney representing Kern River Foundation Unidentified Speaker Unidentified Speaker No further protests or objections, and no one else wish- ing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation. Councilmember Ratty made a motion to adopt the statement of overriding considerations and approve the amendment to the Kern River Plan Element from Resource Management Flood/Hazard to Public and Private Recreation Area/Flood Hazard with findings on pages 23 and 25-38 of the staff report, November 20, 1986, subject to miti- gation measures identified in FEIR Addendum No. 1 for the Sand Creek Golf Course, including all lease revenue from the golf course shall be spent for open space and habitat enhancement with the exception of mitigation measures No. 20, 21 and 14 regarding the HEP evaluation, plant and Kit Fox surveys, and certify the FEI~ and Addendum No. 1 as adequate including all mitigation meas- ures identified on pages 4-1 through 4-13 of Addendum No. 1 including corrections noted on page 4 of the staff report, October 2, 1986. A motion to call for the question was defeated. Upon a substitute motion by Councilmember Salvaggio, it was found that the final EIR and Addendum No. 1 have been completed in compliance with the California Environmental Quality Act (CEQA) and State EIR guidelines and Resolution No. 107-86, including Findings i through 5 on page 5 of the Staff Report (October 2, 1986) by the following vote: Ayes: Noes: Absent: Councilmembers Christensen, Smith, Ratty, Moore, Dickerson, Salvaggio Councilmember Childs None Upon a substitute motion by Councilmember Salvaggio, the FEI~ and Addendum No. 1 were certified as adequate, including all mitigation measures identified on pages 4-1 through 4-13 of Adden- dum No. 1, including corrections noted on page 4 of the Staff Re- port (October 2, 1986), by the following vote: Ayes: Noes: Absent: Councilmembers Christensen, Smith, Ratty, Moore, Dickerson, Sa]vaggio Councilmember Childs None Bakersfield, California, January 21, 1987 - Page 5 Upon a substitute motion by Councilmember Salvaggio, the proposed amendment to the Kern River Plan Element from Resource Management Flood/Hazard to Public and Private Recreation Area/ Flood Hazard with the findings on page 24 of the Staff Report (November 20, 1986) was denied by the following vote: Ayes: Noes: Absent: Councilmembers Christensen, Smith, Dickerson, Councilmembers Childs, Ratty, Moore None Salvaggio Councilmember Christensen clarified his vote by stating that he considered the four high marks of achievement for mankind since he became a Councilmember were the purchase of the Kern River, the passing of the Kern River Plan, the prevention of Nickel controlling the Kern River and the killing of the golf course. Councilmember Salvaggio clarified 'his vote by stating that he voted to deny the General Plan Amendment because he thought the facts demonstrated very clearly that the proposed golf course area was unique. He was not opposed to golf, and never will be. He believed there was room left to work out some type of an agreement if both parties were willing to do that. For him to vote a statement of overriding considerations would not have been prudent nor in the best interests of the community of Bakersfield. He feels the Council showed vision and dispelled the Johnny Carson syndrome. Councilmember Childs clarified his vote by stating he voted in favor of the golf course because it was his understanding the City had entered into a partnership agreement with the devel- oper and was therefore obligated. Upon a motion by Councilmember Christensen, Mayor Payne recessed the meeting at 11:20 p.m. The meeting reconvened at 11:30 p.m. This is the time set for a public hearing to determine whether the public interest and necessity require taking of 5.6 acres of property for a public park to be lo- cated at the southeast corner of Harris Road and Akers Road. Community Services Manager Dow gave a presentation on the Harris and Akers Park. Mayor Payne declared the hearing open for public participation. Attorney Tom Clark, Arrache, Clark & Potter, 5401 California Avenue, representing Angie and Victoria Delfino, the record title holders of the Harris and Akers property, stated the Delfinos did not want to sell the property. No further protests or objections, and no one else wish- ing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation. Upon a motion by Councilmember Dickerson, Resolution No. 8-87 of the Council of the City of Bakersfield declaring the public interest and necessity for the taking of certain property for public park purposes was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Bakersfield, California, January 21, 1987 - Page 6 Councilmember Dickerson clarified his vote by stating he believed the unanimous vote on the Harris and Akers Park project sent a clear signal to the community that parks are a very impor- tant project. This is the time set for a public hearing pursuant to Section 33679 of the Califor- nia Health and Safety Code, as amended, for consideration of whether the Redevel- opment Agency of the City of Bakersfield should commit tax increment originating from Bakersfield Downtown Redevelopment Project Area to the payment of a portion of the cost of financing improvements to the Civic Auditorium which will benefit the Bakersfield Downtown Redevelopment Project Area. Economic Development Director Kennon presented an over- view of the Civic Auditorium Improvements project. Mayor Payne declared the hearing open for public participation. No protests or objections, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation. Upon a motion by Councilmember Dickerson, Resolution No. 9-87 of the Council of the City of Bakersfield consenting to the preparation, sale and delivery of not to exceed $5,250,000 principal amount of certificates of participation (Civic Auditor- ium Improvements) and approving certain documents and authorizing certain actions in connection therewith, was adopted by the fol- lowing vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, REPORTS Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 4-87, re- garding BankAmerica Foundation request for Child Care Grant, as follows: At the City Council meeting of October 8, 1987, correspondence from the BankAmerica Foundation requesting funds in support of the California Child Care Initiative was referred to the Budget and Finance Committee for review. This item had been reviewed on a prior occasion by this committee and was deferred until issues in- volving insurance availability were resolved and the program audit completed. The committee met with representatives from the Community Connection for Child Care, the local recipient of California Child Care Initiative funds, and the BankAmerica Foundation. Upon review of the request with staff, it was determined that prior concerns expressed regarding insurance availability have been addressed and further that the California Child Care Initia- tive represented locally by the Community Connection for Child Care has surpassed the pilot project goals set for establishment of home child care pro- viders in the Bakersfield area. Bakersfield, California, January 21, 1987 Page 7 The committee recognizes the need for home child care providers throughout Bakersfield and the suc- cess of the California Child Care Initiative in training and facilitating the licensing of home child care providers. Therefore, the committee recommends a one-time grant of $5,90U from Council Contingency to the California Child Care Initiative, directed to the Community Connection for Child Care. This Committee recommends approval of this report and the implementation of its recommendation. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 4-87 was accepted and the recommendation im- plemented. Councilmember Dickerson, Chairman of the Legislative Committee, read Legislative Committee Report No. 1-87 regarding Council support of Senate Bill No. 5 Majority Report as follows: On January 14, 1987, the City Council referred to this committee State Senate Bill No. 5 for review and recommendation regarding possible support by the Council. The committee met with staff to review Senate Bill No. 5 which would amend the California Penal Code defining obscene matter and harmful matter to determine the potential impact that it may have on the City of Bakersfield. The committee reviewed the proposed legislation and determined that Senate Bill No. 5 would provide a tool for local government, by making changes which are intended to allow the use of local rather than statewide contemporary standards in determining whether or not a particular matter is lewd. Further, it will allow use of local community stan- dards in judging whether matter is obscene or harm- ful, and facilitate enforcement actions against those peddling obscene matter. Senate Bill No. 5 would also conform the California standard of obscene matter to that established by the United States Supreme Court decision in Miller vs. California in 1973. Therefore, this committee recommends that the Council adopt a resolution supporting the enactment of Senate Bill No. 5 (Deddeh) and encourages the California Legislature to take all additional action, consistent with constitut~ional constraints, to assist strong and effective prosecution of those trading in obscene or harmful matter. The commit- tee requests acceptance of this report and the implementation of its recommendations. Councilmember Childs read Legislative Committee Report No. 2-87 regarding Council support of Senate Bill No. 5 - Minority Report as follows: On January 14, 1987, the City Council referred Senate Bill No. 5 to the Legislative Committee for review and recommendation regarding possible sup- port by the Council. The Council, in its zeal to pass an ordinance to protect the public from pornography, inadvertently led to the relocation of adult bookstores to areas which could be detrimentally affected by those adult bookstores. Bakersfield, California, January 21, 1987 Page 8 I believe that additional investigation and infor- mation should be obtained to try and determine if there would be any unwarranted prohibitive effects resulting from the passage of any resolution or ordinance regarding obscenity, particularly those related to newspapers, movies, television, or other legitimate businesses, which operate in our com- munity. Therefore, I recommend that the Council not take any action on Senate Bill No. 5 (Deddeh) at this time and that further investigation and study be conducted to determine the effects of this legisla- tion. I request acceptance of this report and the imple- mentation of its recommendation. Upon a motion by Councilmember Dickerson, the Majority and Minority Reports regarding Council support of Senate Bill No. 5 were accepted. Councilmember Dickerson made a motion to implement the recommendations of the Majority Report. A substitute motion by Councilmember Childs to implement the recommendations of the Minority Report failed. Upon a motion by Councilmember Dickerson, Resolution No. 10-87 of the Council of the City of Bakersfield supporting Senate Bill No. 5 (Deddeh) concerning obscenity was adopted by following vote: Ayes: Noes: Absent: the Councilmembers Christensen, Salvaggio Councilmember Childs None Smith, Ratty, Moore Dickerson, CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 4626 to 5027 inclusive, in the amount of $1,155,052.26. b. Claims for Damages and Personal Injuries from the following: Dennis J. Reid, 3900 Jeannie Louise Bibee, Sunnylane Apartments, Sorrano, #A; 6400 Choate Street; 4101 Union Avenue. and (REFER TO CITY ATTORNEY) Quitclaim Deed from City of Bakersfield to The Gene E. Lynn Bakersfield Limited Partnership, a Washington limited partnership, to quitclaim all City interests in a portion of Heritage Drive, a private street, southeasterly of Bernard Street and Mt. Vernon Avenue as shown on Parcel Map No. 5551. d. Dedication of Properties: Street Right-of-Way Deed from Sill Properties, Inc., for a portion of Arrow Street north of Gilmore Street. Bakersfie]d, California, January 21, 1987 Page 9 Grant Deed from Tenneco Realty Development, Corp., for a landscaping strip along the south side of District Boulevard west of Gosford Road. e. Map and Improvement Agreements: Improvement Agreement for Parcel Map No. 8159 for three parcels on 12.4 acres located at the southwest corner of White Lane and Mexicali Drive (Tenneco Realty Development Corporation). Improvement Agreement for Parcel Map Waiver No. 31-86 for two parcels on 4.3 acres located at the northwest corner of Sillect Avenue and Gilmore Avenue (Sill Properties). Notice of Completion and Acceptance of Work for the Water Mainline Extension at Panama Road and Stine Road, Contract No. 86-212, was completed on January 12, 1987. ge Approval of Plans and Specifications for the adjust- ment of Tailwater Pump Stations 2, 6 and 7 at Waste- water Treatment Plant No. 2. Approval of Agreement Supplement No. 30 to Local Agency-State Master Agreemeat No. 06-5109 which provides federal funding for the Stockdale Highway - Kern River Bridge design. Upon a motion by Councilmember Childs, Items a, b, c, d, e, f, g and h of the Consent Calendar were adopted by the follow- ing vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore DEFERRED BUSINESS Adoption of Ordinance No. 3085 New Series of the Council of the City of Bakersfield adding Section 12.20.020 D. to the Bakers- field Municipal Code relating to insurance requirements for encroachment permits. Upon a motion by Councilmember Ratty, Ordinance No. 3085 New Series 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, Adoption of Resolution No. 11-87 of the Council of the City of BaRersfield adopt- ing a salary schedule for employees of the blue and white collar units of the City of Bakersfield. Upon a motion No. 11-87 of the Council the following vote: by Councilmember Christensen Resolution of the City of Bakersfield was adopted by Bakersfield, California, January 21, 1987 Page 10 Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio Councilmember Moore None Smith, Ratty, (This Resolution was reconsidered on Page 11.) Councilmember Salvaggio noted that within the contract of Resolution No. 11-87 drug testing could be required and com- mended those responsible for negotiating the contract. Councilmember Dickerson clarified his vote by stating that the Council's support of the Memorandum of Understanding of Resolution No. 11-87 made his reservations academic. He believed the staff and employees have shown cooperation on the touchy issue of drug testing activity, but have not focused on the issue but on the benefits of safety. He was pleased to support this action. Councilmember Moore clarified his vote by stating that the Council has been very diligent in the last two years in their attempt to bring all City employees up to a reasonable salary and competitive with other communities of the same size. His no vote had nothing to do with quality of work or dedication to the com- munity, which he feels has been outstanding. He felt that at this point in time with the economy as it is, it would have been fistally irresponsible to do more than a cost of living increase and he has toed the line in that regard through all the negotiations. NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Sections 8.44.030 A. 1., 8.44.040 A. and 8.44.040 D. of the Municipal Code relative to application requirements for fireworks permits. Adoption of Resolution of Intention No. 1018 of the Council of the City of Bakersfield calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within the designated area on Wilson Road between Stine and Wible Roads (District No. 2, Division 13). This Resolution of Intention sets the date of public hearing for February 11, 1987. Upon a motion by Councilmember Ratty, tention No. 1018 of the Council of the City of adopted by the following vote: Resolution of In- Bakersfield was Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore Appointment of an independent audit firm for 1986-87 audit services. Upon a motion by Councilmember Smith, the appointment of an independent audit firm for 1986-87 audit services was referred to the Budget and Finance Committee. Acceptance of two sedans seized under Federal Adoptive Seizure Laws. Bakersfield, California, January 21, 1987 - Page 11 Upon a motion by Councilmember Childs, two sedans iden- tified by Serial Nos. 6B696A9171516 and 1GiAP87HXBL133238 were accepted as City property and added to the police fleet. COUNCIL STATEMENTS Deferral of Assembly Bill 2948 (Hazardous Material), new process for planning and siting hazardous waste facilities. Councilmember Salvaggio requested his Council Statement on the issue of Assembly Bill 2948 be deferred and placed on the agenda of the Council meeting of February 4, 1987. Councilmember Smith informed the Council that warrants have been met to have an adult crossing guard placed at the inter- section of Panorama Drive and Meadow Vista Street. (Council Statements continued following Closed Session.) CLOSED SESSION Upon a motion by Councilmember Childs, the Council re- cessed to a Closed Session at 12:35 a.m., pursuant to Government Code Section 54957, regarding personnel and litigation. The meeting reconvened at 12:45 a.m. Mayor Payne stated for the record that there were insufficient votes to consider Councilmember Childs' request for a Closed Session as an item that arose after the agenda was published, and was not an emergency item by the legal definition. COUNCIL STATEMENTS CONTINUED Upon a motion by Councilmember Dickerson, Deferred Busi- ness item, Resolution No. 11-87 adopting a salary schedule for employees of the blue and white collar units of the City of Bakersfield, was reconsidered by the following vote: Ayes: Noes: Absent: Mayor Payne. Councilmembers Smith, Councilmembers Childs, Ratty, Moore Counci]member Christensen Dickerson, Salvaggio Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council the Mayor shall east the deciding vote, Mayor Payne voted Aye. Adoption of Resolution No. 11-87 of the Council of the City of Bakersfield adopt- ing a salary schedule for employees of the blue and white collar units of the City of Bakersfield. Upon a motion 11-87 of the Council of following vote: by Councilmember Dickerson, Resolution No. the City of Bakersfield was adopted by the Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Councilmembers Moore, Dickerson Councilmember Christensen Salvaggio Councilmember Dickerson clarified his vote by stating that his concern was that the City has raised taxes, has spent too much and he wants to be consistent in trying to hold down those costs. He felt the Council was taking the position of unan- imous support on Resolution No. 11-87, but when he found that wasn't the case, he wanted to support his fellow Councilmember. Bakersfield, California, January 21, 1987 Page 12 Council, ADJOURNMENT There being no further business to come before the upon a motion, the meeting adjourned at 12:50 a.m. ATTEST: MAYOR of the City of Bakersfield, Calif. CITY CLERK and Ex Officio Clerk of the of the City of Bakersfield, California Council df