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HomeMy WebLinkAbout02/04/1987 MINUTES CCBakersfield, California, February 4, 1987 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Workshop held in the Annex Building Basement Conference Room at 5:15 p.m., February 4, 1987. The meeting was called to order by Mayor Payne. Present: Mayor Payne. Councilmembers Childs, Christensen, Ratty, Dickerson (seated at 5:20 p.m.), Sa]vaggio Absent: Councilmembers Smith, Moore 19TH STREET SPECIFIC PLAN Deputy City Manager Strenn described the 19th Street Specific Plan process. Ken Reed, President of the Downtown Business Associa- tion, described the 19th Street Specific Plan design. Richard Thompson of Archiplan, distributed and ex- plained conceptual drawings of the 19th Street Specific Plan. MID-YEAR FINANCIAL PLAN review. Finance Director Klimko provided a mid-year financial ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Christensen, the meeting adjourned at 6:15 p.m. ATTEST: MAYOR of the City of Bakersfield, CITY CLERK and Ex Officio Clerk or the Council of the City of Bakersfield, California Calif. Bakersfield, California, February 4, 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., February 4, 1987. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Steven Yeary of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmembers Absent: Councilmembers Smith, Moore MINUTES Childs, Christensen, Ratty, Dickerson, Salvaggio Upon a motion by Councilmember Dickerson, approval of the Minutes was deferred until after Action on Bids. the Golf the spoke School Budget (Minutes are continued on Page 11.) PUBLIC STATEMENTS Paul Crumpacker, 831 East 21st Street, spoke homeless. Dennis Fox, 918 Blossom, spoke regarding the Course. Rhonda Covington, 831E. 21st Street, spoke homeless. regarding Sand Creek regarding Kathryn Martin, President of California State Employees Association Chapter 740, 4401 Hughes Lane, Space 141, spoke re- garding layoff of State workers at Unemployment Insurance due to automation and requested Council's support of the proposed changes. spoke regarding soup Upon a motion by Councilmember Christensen, the issue of Crossing Guard Liability Insurance was reterred to the and Finance Committee. kitchens. less. allowed Richard Robinson, 1813 H Street, Dr. Paul Ramos, Baker Street area, spoke regarding the home- Upon a motion by Councilmember Childs, Paul Crumpacker was to speak regarding the homeless. Upon a motion by Councilmember Childs, Ms. quest for support regarding layoff of State workers due to automation was referred to staff. Martin's re- in Bakersfield HEARINGS This is the time set for a Public Hearing on an appeal by Donald Eugene Kirk to the decision of the Chief of Police of the Bakersfield Police Department, denying the renewal of his Cab Driver Permit. CLOSED SESSION Upon a motion by Councilmember Childs, the Council recessed to a Closed Session at 7:25 p.m., pursuant to Government Code Section 549 regarding the Public Hearing on an appeal by Donald Eugene Ki~ John Gordon of Gordon's Special Services, 1316 Lindsay regarding School Crossing Guard Liability Insurance. Bakersfield, California, February 4, 1987 - Page 2 The meeting reconvened at 8:35 p.m. Mayor Payne stated that Mr. Kirk's appeal was upheld by the Council. Mr. Kirk's Cab Driver Permit is subject to the fol- lowing conditions and restrictions: 1. The City Manager is to correspond to the Chief of Police to review in four months. Mr. Kirk must check with the dispatcher when he arrives at work and the dispatcher must ascertain that he has not been drinking. If he is arrested for intoxication, the Police Chief will revoke the license. Mr. Kirk is to notify if he is arrested for jurisdiction. the City of Bakersfield intoxication in another 4. Mr. Kirk agreed to the conditions of approval and further stated he would agree to take any test at any time. Mayor Payne stated the City Clerk will prepare a Minute Order and the City Attorney's Office will recommend further action at a future date. CORRESPONDENCE Upon a motion by Councilmember Childs, communication from Sequoia Engineering, Inc., Bank of America Tower, 1430 Truxtun Avenue, Suite 909, dated January 14, 1987, requesting a General Plan Amendment for commercial use on approximately 2.3 +/- acres and located on the northeast corner of Ashe Road at Harris Road, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Childs, communication from Wild West Shopping Center· P.O. Box F, Newhall, received January 16, 1987, requesting a General Plan Amendment for Neighborhood Commercial and Office use at approximately the north- west corner of South Real Road and Elcia (approximately 27,000 square feet), was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Childs, communication from Sequoia Engineering, Inc., Bank of America Tower, 1430 Truxtun Avenue, Suite 9U9, dated January 15, 1987, requesting a General Plan Land Use Element Amendment and Annexation of 5.3 max- imum 10 units/net acres (4,356 square feet, site area/unit) to Low Density Residential on approximately 78.4+/- ac~es and located at the northwest corner of South H Street at Berkshire Road, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Childs, communication from Sequoia Engineering, Inc., Bank of America Tower, 1430 Truxtun Avenue, Suite 909, dated January 14, 1987, requesting a General Plan Land Use Element Amendment and Annexation of 5.4 max- imum 4 units/net acres (10,890 square feet, site area/unit) to Low Density Residential on approximately 40+/- acres and located at the northeast corner of South H Street at Hosking Avenue, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Childs, communication from Sequoia Engineering, Inc., Bank of America Tower, 1430 Truxfun Avenue, Suite 909, dated January 15, 1987, requesting a General Plan Land Use Element Amendment and Annexation of Low Density Residential to Low Density Residential (130 +/- acres) and Bakersfield, California, February 4, 1987 Page 3 9 +/- acres of commercial and located approximately 139+/- acres at the southeast corner of Olive Drive and Fruitvale Avenue, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Childs, communication from Downtown Business Association, 1401 19th Street, No. 101, received January 20, 1987, in support of the proposed Social Service Agency Ordinance, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Childs, communication from Griffin Communications, 1910 L Street, received January 20, 1987, in opposition to a proposed soup kitchen to be established at 1819 M Street, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Childs, communication from a group of downtown property owners and businesses, dated January 16, 1987, submitting a petition in opposition to the establishment of a soup kitchen to be located at 1819 M Street, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Childs, communication from Kern, Inyo and Mono Counties of California Building and Construction Trades Council, 200 West Jeffrey Street, dated January 16, 1987, in support of a joint government-citizen commit- tee to pursue new industry for Bakersfie]d, was received and referred to the City Manager's OfFice. Upon a motion by Councilmember Childs, communication from Blankenships Panorama Liquors, 909 Panorama Drive, received January 20, 1987, regarding Refuse Collection, was received and referred to the City Manager's Office. Upon a motion by Councilmember Childs, communication from The Links, Inc., 2024 Hasti Acres Drive, dated January 16, 1987, requesting law enforcement personnel as speakers for a work- shop entitled Project LEAD (Link Erase Alcohol and Drugs), sched- uled for April 11, 1987, at the Casa Royale, 251 South Union Avenue, was received and referred to the Police Department. Councilmember Childs requested to be a part of the discussion at the Project LEAD workshop. Upon a motion by Councilmember Christensen, communica- tion from the Miscellaneous Departments, Fire and Police Civil Service Boards, submitting Annual Report for 1986, was received and placed on file. Upon a motion by Councilmember Christensen, communica- tion from Hall Ambulance Service, Inc., 1001 21st Street, dated January 27, 1987, requesting an adjustment for their current ambu- lance rates, was received and referred to the Budget and Finance Committee. Councilmember Ratty suggested that figures from Palm Springs be deleted when figuring averages for ambulance rates. Councilmember Childs requested that individuals from Insurance companies for Hall Ambulance be present at the Budget and Finance Committee meeting. Upon a motion by Councilmember Christensen, communica- tion from Governing Board or the Greenfield School District, 1624 Fairview Road, received January 29, 1987, forwarding Resolution No. 87-2, Levying of Fees pursuant to Government Code Section 53080, was received and referred to the Urban Development Committee. Bakersfield, California, February 4, 1987 - Page 4 REPORTS City Attorney Oberholzer following City Attorney Report on Entertainment Businesses: presented a synopsis of the issues raised regarding Adult At the City Council Meeting of January 7, 1987, several persons appeared to raise questions re- garding the control of adult business establish- ments and, specifically, the establishment locating at 2620 Chester Avenue. The following is a synop- sis of statements from persons appearing before the City Council taken from the tape recording of the January 7, 1987 meeting. Following the statement is the response of this office. Statement 1. The City has discretionary authority to deny a license or permit for an adult entertainment busi- ness. Response. Adult entertainment businesses deal in materials protected by the First Amendment. Protection of constitutional rights require that "discretionary" authority not be used. The guidelines used for granting or denying exercise of constitutional rights must be, among other things, specific and uniform, with a compelling state interest in regu- lation. Statement 2. Other adult business establishments will locate on Chester Avenue in the proximity of the newly estab- lished business at 2620 Chester Avenue. Response. No other adult business establishment may be lo- cated within 1,000 feet of the business located at 2620 Chester Avenue. Statement 3. A legislative body should be "sensitive" to the needs of its constituents even to the degree of prohibiting the establishment of an adult business in an otherwise authorized zone or area. Response. Most recently, in the case of Walnut Properties, Inc. vs. City of Whittier (January 12, 1987), the U. S. District Court ruled that the Court would examine the motives of a legislative body enacting a provision dealing with the location of an adult business establishment. In the Whittier case, the judge ruled that the provision dealing with the 1,000 ft. separation from churches, although legal "was enacted for the predominant purpose of sup- pressing Walnut Properties' First Amendment rights." In the Whittier case, the Court described in length the citizen lobbying delegations that demanded the ordinance and found this to be a basis of the Coun- cil's action. In effect, the legislative body of Bakersfield, California, February 4, 1987 Page 5 the City of Whittier was "sensitive" to the desires of their constituents but such sensitivity resulted in the City's action being declared unconstitu- tional. Statement 4. Local property owners should be given notice of the establishment of an adult business in their area. Response. Notices may be given to local property owners but such notices would not give any right to the local property owner to prohibit such a business from be- ing located in the area. Furthermore, if the pur- pose of the ordinance or motivation for the require- ment for notice was such as to build up organized opposition to the adult business establishments lo- cating in that area, then we believe that the Court would conclude, as they did in the Whittier case, that the predominant purpose was to suppress First Amendment rights. Statement 5. The child care center at San Joaquin Hospital qual- ifies as a school for which separation from an adult business is required. Response. The ordinance adopted by the City Council, modeled upon ordinances elsewhere and upheld by the U. S. Supreme Court, provides for separation distances from any public or duly licensed private school, excluding any vocational or professional school or college. There is no reference in the ordinance to separation from a child care center. This office is unaware of a child care center being classified as a school in any adult business zoning ordinance. The rationale for requiring separation of adult businesses and schools is the probability that children will be exposed to such businesses while walking to or from school. Such rationale does not apply to situations involving child care facilities where the children are normally delivered by vehi- cle to the door of the facility, or otherwise accompanied by a parent or guardian. A child care center can be established in any area in the City of Bakersfield. It's the opinion of this office that child care centers would not be considered a school if challenged in a Court proceeding and if included in the ordinance could significantly dimi- nish the available sites for adult businesses, thereby prohibiting such business from "a reasona- ble opportunity to operate." See Walnut Properties, Inc. vs. City of Whittier, supra. Statement 6. A chapel in a hospital constitutes a church or religious facility from which an adult entertain- ment business is required to separate. Bakersfield, California, February 4, 1987 Page 6 Response. The ordinance adopted by the City Council provides that an adult entertainment business may not be located within 500 feet "of any church or other religious facility which people regularly attend to hold religious services or meetings." The chapel in the hospital is a secondary use. Primary use of the facility is a hospital. Every major hospital in the City has a chapel. If it was the desire of the Council to require separation from this type of religious facility, then it would be incumbent upon the City Council to make findings that support a requirement for separation between a hospital and an adult entertainment business. Statement 7. The adult business establishments have been set adrift like a rudderless boat. Response. There are only limited areas within the City of Bakersfield where adult business establishments may now locate. In the recent case in the City of Whittier, the Court noted that the Whittler ordi- nance allowed only about 12 acres in the City where such businesses could operate and, therefore, de- nied the business owners "a reasonable opportunity to operate." The 12 acres constitute about 1-1/2% of land in the City of Whittier. Bakersfield's ordinance, allows locations on about 2-1/2% of the City's land. Consequently, its the opinion of this office that further restrictions on the locations of adult businesses may result in a challenge to our existing ordinance that could invalidate the ordinance. The result of invalidating the Bakers- field ordinance would be that the City would once again become a wide open area for adult business establishments and then such businesses would, indeed, be set "adrift like a rudderless boat." Statement 8. A bus stop provides reasonable grounds for requiring separation from an adult business. Response. There are no studies or other reports known to this office which could provide legally sufficient data to allow the prohibition of adult businesses be- cause of their proximity to a bus stop. Statement 9. The City should require that adult entertainment businesses obtain conditional use permits. Response. The issuance of a conditional use permit as a pre- requisite to the establishment of an adult business has been ruled invalid in a number of cases in the United States Federal District Courts. Bakersfield, California, February 4, 1987 Page 7 CONCLUSION. Although the dispersal of the adult entertainment businesses from 19th Street have caused a reaction in the community, the ordinance is the same ordi- nance that has been adopted by most jurisdictions attempting to put legal and reasonable zoning con- trols on this type of business. It is the opinion of this office that under present Court decisions, the City of Bakersfield has adopted the most re- strictive ordinance that will withstand challenge. It should be noted that the City of Whittier's ordinance is nearly identical to the Bakersfield ordinance. The Court in invalidating the action of the City of Whittier looked to the City Council's motivation in enacting the ordinance. Consequently, the Council is advised that it should always under- stand that a court will apply a strict scrutiny test in dealing with legislation that affects existing constitutional protections. This office has met with Mr. Wegis and Mr. DeNatale, attorneys representing San Joaquin Hospital. Both attorneys, and this office have concluded that it would be desirable to study the impact of an adult business on a hospital. The attorneys for the hos- pital have agreed to assist in such a study. If the study warrants a change to the existing ordi- nance, an amendment will be prepared and submitted to the City Council. Councilmember Salvaggio requested that the City Attorney's Office provide the Council with a copy of a letter sent to San Joaquin Hospital's Attorneys indicating action taken through the City Attorney's Report and Council's expectation of their initiation of a study of the impact of an adult bookstore on a hospital. Upon a motion by Councilmember Ratty, the City Attor- ney's Report on issues raised regarding Adult Entertainment Busi- nesses was accepted. Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 5-87 re- garding expansion of Wastewater Treatment Plant No. 3 and the Carnation Company Sewer Connection Agreement as follows: On December 17, 1986, the Council received a re- quest for review and recommendation of a proposal for expansion of Wastewater Treatment Plant No. 3 and an agreement with Carnation Company for payment of their sewer connection fee. This request was referred to the Budget and Finance Committee. The Committee met and discussed the proposed expan- sion plan and Carnation agreement with City staff and the City's Wastewater Consultant John Cardlid Engineers. The consultant presented the growth projections for the treatment plant service area and advised the Committee of the need for addi- tional capacity of Wastewater Treatment Plant No. 3 by Fiscal Year 1988-89. This would mean that the City proceed with an expansion program in Fiscal Year 1987-88. A 4 million gallon per day expansion project is proposed using nonprofit corporation financing. The consultant and staff also discussed the sewer connection fee for the new Carnation Com- pany plant in southwest Bakersfield. The amount of Bakersfield, California, February 4, 1987 - Page 8 this connection fee is $1,168,000. This is a sig- nificant up-front cost to this industry and a pro- posal was presented to spread the cost over a 15-year period at an interest rate equivalent to the present municipal bond rate. The present rate is approximately 8% and the payment by Carnation would equal $136,500 per year for the 15-year period. This Committee has considered the proposals and recommends that the City Council approve the pro- posal for expansion of Wastewater Treatment Plant No. 3 in Fiscal Year 1987-88, authorize staff to immediately proceed with the Environmental Impact Report for the project, and we further recommend approval of the proposal and agreement allowing Carnation Company to make payments of $136,500 per year for a 15-year period to satisfy the required sewer connection fee. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 5-87 was accepted and the recom- mendations implemented. Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 6-87 re- gardlng appointment of an Independent Audit Firm for 1986-87 audit services as follows: On January 21, 1987, the City Council referred the matter of the selection of a firm to conduct the City's annual audit to the Budget and Finance Committee. For the past three years, the City has employed Price Waterhouse to audit the records of the City. The three years prior to that time the City hired a local firm of Bailey, Ruppel and Nunneley to conduct the audit. In the past, the Council has expressed a desire to change firms approximately every three years since different firms approach the audit with a different and fresh approach. Traditionally, these contracts have been let for a one-year period, with two one- year extensions for as long as the work proved satisfactory. This approach is necessary in order to spread first-year start up costs over a three- year period to achieve cost effectiveness. Therefore, this committee recommends staff contact local CPA firms and the "Big 8" national accounting firms to inquire of their interest in submitting a proposal to provide auditing services to the City. Once the proposals have been received, staff will analyze them and present their recommendations back to the Budget and Finance Committee for review. Upon a motion Finance Committee Report mendations implemented. by Councilmember Childs, Budget and No. 6-87 was accepted and the recom- Councilmember Saivaggio, Chairman of the Personnel Committee, read Personnel Committee Report No. 1-87 regarding Nepotism as follows: On January 19, 1987, the Personnel Committee met to discuss the issue of nepotism. Generally the Com- mittee felt that the employment of spouse or rela- tives tends to cause problems in sensitive areas of interdepartmental and intradepartmental relation- Bakersfield, California, February 4, 1987 Page 9 ships and can create undesirable results in connec- tion with the evaluation of employees performance and discipline. It was noted that the problem of favoritism, whether real or imagined, exists and has a harmful effect upon employee morale and effi- ciency. The Committee feels that the current rules regard- ing nepotism and permanent employees are reasonable. These rules provide that no appointment of rela- tives of City employees may be made unless they are approved by the appropriate Civil Service Board. This allows the Civil Service Board to determine on an individual basis whether a conflict exists. With regard to temporary employees, the Committee felt that nepotism would be harmful. Since tempo- rary employees are not required to undergo any type of testing process, it would be all too easy for the City to get into a situation of hiring a large number of people who are relatives of cur- rent employees. Again, the problems of nepotism, whether real or perceived, could be prevalent. Committee Accordingly, the Committee recommends that this report be received and that the current rules regarding nepotism remain unchanged. Upon a motion by Councilmember Sa]vaggio, Personnel Report No. 1-87 regarding Nepotism was accepted. Because of lack of a quorum, due to the absence of Councilmembers Christensen and Dickerson, Mayor Payne recessed meeting at 9:05 p.m. The meeting reconvened at 9:15 p.m. the Upon a motion by Councilme~nber Salvaggio, Personnel Committee Report No. 1-87 regarding Nepotism was referred back the Personnel Committee for further clarification. to CONSENT CALENDAR The following ~tems were listed on the Consent Calendar: a. Approval of Warrant Nos. 5028 to 5325 inclu- sive, in the amount of $815,444.01. b. Claims for Damages and Personal Injuries from the following: Jack R. Bridwell and Gray I. Hays, 17055 Rose- dale Highway; Guadalupe Acevedo Barrera, 2601 Fremont Street, Apt. 98; Angela Marie Watts, 2112 Dayton Avenue; Ronald Hunter, 6800 Shelby Loop; Sam Clement, 615 Eye Street; Kirt McCleary III, 3916 Dana Street; and Sylvia Montoya, 8201 Camino Media, No. 137. (REFER TO CITY ATTORNEY) Bakersfield, California, February 4, 1987 - Page 10 Notice of Completion and Acceptance of Work for the following projects: Concrete Block Pumphouse for Fairhaven Water Pumping Station No. F-103, Contract No. 86-213 with Akri Construction Service, was completed on January 12, 1987. River Canal Lining Extension, Contract No. 86-225 with Jim Alfter Cement Contractor, was completed on January 14, 1987. Traffic Signal Systems on Wible Road at Valley Plaza Entrance, Contract No. 86-172 with E & S Electrical, was completed on January 21, 1987. "K" Street Storm Drain - 8th to California Avenue, Contract No. 86-204 with Tescon, Inc., was completed on January 21, 1987. Tract No. 4673, located near Fairview Road and easterly of South "H" Street, Improve- ment Agreement No. 85-82 with Covington Technologies was completed on January 26, 1987. Tract No. 4676, located near Fairfax Road and Royal Coach Drive, Improvement Agree- ment No. 86-10 with Tract 4676 Associates, was completed on January 16, 1987. Parcel Map No. 7305, located near Pierce Road and 24th Street, Improve~nent Agreement No. 85-5 with Mooney's Rentals, was com- pleted on January 16, 1987. Approval of plans and specifications for the construction of a storm drain on Belle Terrace between South Chester Avenue and E1 Sereno Drive and on El Sereno Drive between Belle Terrace and TownsIcy Avenue. Approval of plans and specifications for con- struction of a storm drain on Elmhurst Street and Belvedere Avenue· Approval of plans and specifications for Fair- fax Road construction from Paladino to Alfred Harrel] Highway. Approval of plans and specifications for resur- facing portions of San Dimas Street, Sumner Street and Union Avenue. Approval of plans and specifications for resur- facing El Potrero Lane and Grissom Street from White Lane to Planz Road. i. Approval of plans and specifications for the widenlag of Gilmore Avenue at Pierce Road. Approval of plans and specifications for resur- facing 17th Street from "Q" Street to "L" Street from California Avenue to Truxtun Avenue. k. Contract Change Order No. 1 for resurfacing 18th Street from "F" Street to Union Avenue. Councilmember Dickerson requested that staff separate Consent Calendar items that may be a conflict oi' interest for Councilmembers. Bakersfield, California, February 4, 1987 Page 11 Upon a motion by Councilmember Childs, items a, b, c, e, f, g, h, i, j and k of the Consent Calendar were adopted by the following Roll Call Vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmembers Smith, Moore Ratty, Dickerson ACTION ON BIDS Upon a motion by Councilmember Ratty, low bid of Granite Construction Company, in the amount of $208,192.00 for construc- tion of the Kern River Bicycle Trail Phase II was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. For the record, Councilmember Dickerson stated that he is very much in favor of the activity on the Kern River Bicycle Trail Phase II, and would like to see this project to fruition. Upon a motion by Councilmember Dickerson, a bid from Game Time, Inc., in the amount of $6,890.00 for playground equip- ment at Amberton Park was accepted by the following vote: Ayes: Councilmembers Childs, Christensen, Salvaggio Noes: None Absent: Councilmembers Smith, Moore Ratty, Dickerson MINUTES CONTINUED Upon a motion the Regular Meetings of cial Meeting of January by Councilmember Dickerson the Minutes of January 7, 14 and 21, 1987, and the Spe- 14, 1987, were approved. DEFERRED BUSINESS Adoption of Ordinance No. 3086 New Series of the Council of the City of Bakersfield amending Sections 8.44.03U A.1., 8.44.040 A, and 8.44.040 D. of the Bakersfield Muni- cipal Code relative to application re- quirements for fireworks permits. Upon a motion by Councilmember Childs, Ordinance No. 3086 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Ratty, Salvagg~o None Councilmembers Smith, Moore, Dickerson Deferral of a Resolution of the Council of the City of Bakersfield making find- ings and certifying the final Environ- mental Impact Report (EIR) for the pro- posed Sand Creek Golf Course. Upon a motion by Councilmember Childs, a Resolution of the Council of the City of Bakersfield making findings and certi- fying the final Environmental Impact Report (EIR) for the proposed Sand Creek Golf Course was deferred until the February 11, 1987, Council meeting. Bakersfield, California, February 4, 1987 Page 12 DeferraI of a Resolution of the Council of the City of Bakersfield making find- ings and denying Amendment to Kern River Plan Element of the Bakersfield Metro- politan Area General Plan (Kern River Plan Element Amendment No. 1). Upon a motion by Councilmember Childs, a Resolution of the Council of the City of Bakersfield making findings and denying Amendment to Kern River Plan Element of the Bakersfield Metropoli- tan Area General Plan (Kern River Plan Element Amendment No. I) was deferred until the February 11, 1987, Council meeting. NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield adding Section 17.10.020 H. and amending Section 17.66.020 B. 8. of the Municipal Code re- ]ating to Real Estate Tract Sales Office. First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Section 3.70.040 of the Bakersfield Municipal Code relating to service charge for Parades. Adoption of Resolution of Intention No. 1019 of the Council declaring its inten- tion to order the construction of certain improvements together with appurtenances in a proposed Assessment District pursu- ant to the provisions of the "Municipal Improvement Act o5 1913"; declaring the work to be of more than local or ordinary benefit; describing the district to be assessed to pay the costs and expenses thereof; and providing for the issuance of bonds (Assessment District No. 86-5). Upon a motion by Councilmember Ratty, Resolution of In- tention No. 1019 of the Council of the City of Bakersfield was adopted, ordering the construction of certain improvements and appurtenances by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmembers Smith, Moore Ratty, Dickerson, Adoption of Resolution No. 12-87 of the Council of the City of Bakersfield for preliminary approval of Engineer's Report for Assessment District No. 86-5. Upon a motion by Councilmember Ratty, Resolution No. 12-87 of the Council of the City of Bakersfield was adopted by following vote: the Ayes: Counci Noes: None Absent: Counci lmembers Childs, Christensen, Salvaggio lmembers Smith, Moore Ratty, Dickerson, Adoption of Resolution No. 13-87 of the Council of the City of Bakersfield appointing time and place of hearing pro- tests in relation to proposed acquisi- tions and directing notice for Assessment ?i~tri~[nN~b.8~9/~esolution of 379 Bakersfield, California, February 4, 1987 - Page 13 Upon a motion by Councilmember Christensen, Resolution No. 13-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, $alvaggio None Councilmembers Smith, Moore Ratty, Dickerson, Adoption of Resolution No. 14-87 of the Council of the City of Bakersfield refer- encing prevailing wage scale and direct- ing call for construction bids for Assessment District No. 86-5. Upon a motion by Councilmember Ratty, Resolution No. 14-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmembers Smith, Moore Ratty, Dickerson, Referral of a Resolution of the Council of the City of Bakersfield providing for the establishment of a Service Authority for Freeway Emergencies (SAFE) to provide a call box system through the City. Councilmember Dickerson stated for the record that he is in support of SAFE as a step to help emergency services throughout the City of Bakersfield and County areas. Upon a motion by Councilmember Childs, a Resolution of the Council of the City of Bakersfield providing for the estab- lishment of a Service Authority for Freeway Emergencies (SAFE) to provide a call box system through the City was referred to the Budget and Finance Committee. Adoption of Resolution No. 15-87 of the Council of the City of Bakersfield making findings and authorizing the transfer of funds to pay the assessment for the Bakersfield Christmas Parade. Upon a motion by Councilmember Christensen, Resolution No. 15-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmembers Smith, Moore Ratty, Dickerson, Agreement with the County of Kern for the use of Inmate Labor. Upon a motion by Councilmember Childs, an Agreement with the County of Kern for the Use of Inmate Labor was approved and the Mayor was authorized to execute the Agreement. Agreement with Volunteer Center, Retired Senior Volunteer Program (R.S.V.P.) to provide volunteers to the City of Bakers- field. Upon a motion by Councilmember Childs, an Agreement with the Volunteer Center, Retired Senior Volunteer Program (R.S.V.P.) to provide volunteers to the City of Bakersfield was approved and the Mayor was authorized to execute the Agreement. Bakersfield, California, February 4, 1987 - Page 14 License Agreement with Shell California Production, Inc., for construction of a pole line along China Grade Loop south of Round Mountain Road (Cogeneration 115 KV Project). Councilmember Ratty made a motion to approve the License Agreement with Shell California Production, Inc., and authorize the Mayor to execute the Agreement. A substitute motion by Councilmember Dickerson to refer the issue of a License Agreement with Shell California Production, Inc., for construction of a pole line along China Grade Loop to the Auditorium/Community Services Committee, failed by the follow- ing roll call vote: Ayes: Noes: Absent: Councilmembers Christensen, Dickerson, Councilmember Childs, Ratty, Salvaggio Councilmembers Smith, Moore Councilmember Ratty's motion to approve the License Agreement with Shell California Production, Inc., for construction of a pole line along China Grade Loop south of Round Mountain Road was approved and the Mayor was authorized to execute the Agreement by the following vote: (This motion was reconsidered later in the meeting, on thi~ page.) Ayes: Councilmembers Childs, Christensen, Ratty, Salvaggio, Noes: Councilmember Dickerson Absent: Councilmembers Smith, Moore Councilmember Dickerson clarified his vote by stating that he could not accept the fact that a power line will be put across the Kern River. Upon a motion by Councilmember Dickerson, the previous motion was reconsidered by the following vote: Ayes: Noes: Absent: Councilmembers Christensen, Dickerson, Councilmember Childs, Ratty Councilmembers Smith, Moore $alvaggio Councilmember Dickerson's motion to deny a License Agree- ment with Shell California Production, Inc., for construction of a pole line along China Grade Loop south of Round Mountain Road was defeated by the following vote: Ayes: Councilmembers Childs, Ratty, Noes: Councilmembers Christensen, Dickerson, Absent: Councilmembers Smith, Moore Salvaggio Upon a motion by Councilmember Childs, the matter of a License Agreement with Shell California Production, Inc., for con- struction of a pole line along China Grade Loop south of Round Mountain Road was referred to the Urban Development Committee. Crossing Guard at Panorama Drive and Meadow Vista. Upon a motion by Councilmember Childs a crossing guard at Panorama Drive and Meadow Vista was approved, the contract with Gordon Special Services was amended to add this new location to the current list of locations, and $3,000.00 was transferred from Council Contingency Fund to Police Department Budget by the fol- lowing vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, $alvaggio None Councilmembers Smith, Moore Ratty, Dickerson, Bakersfield, California, February 4, 1987 - Page 15 Referral of the Community Development Block Grant Budget to include additional Block Grant Funds. Upon a motion by Councilmember Childs, the amendment of the Community Development Block Grant Budget to include additional Block Grant Funds was referred to the Budget and Finance Committee. COUNCIL STATEMENTS Councilmember Salvaggio spoke regarding Assembly Bill 2948 (Hazardous Material), new process for planning and citing hazardous waste facilities. CLOSED SESSION Upon a motion by Councilmember Childs, the Council recessed to a Closed Session at 10:15 p.m. pursuant to Government Code Section 54957, regarding Labor Negotiations with City of Bakersfield's Chief Negotiator Bill Avery, and for Management and Supervisory and Police Supervisory designated representative, George Caravaiho. The meeting reconvened at 10:36 p.m. A Resolution of the Council of the City of Bakersfield setting salaries and re- lated benefits for the officers and em- ployees of the City of Bakersfield (Management and Supervisory and Police Supervisory). Councilmember Childs made a motion to adopt a Resolution of the Council of the City of Bakersfield setting salaries and related benefits for the officers and employees of the City of Bakersfield (Management and Supervisory and Police Supervisory). Councilmember Dickerson made a substitute motion to exclude all who are not Police Supervisory from the Resolution and deal with Management, Supervisory and Police Supervisory indi- vidually. City Attorney Oberholzer informed Council that if Councilmember Dickerson wants to separate the categories in the Resolution setting salaries and related benefits for the officers and employees of the City of Bakersfield, his motion should be amended to have the Resolution sent back to staff for preparation of a new resolution. Mayor Payne restated the substitute motion, to deal with each individual issue separately, which will require a motion to refer it back to staff and have it prepared. Upon a motion by Councilmember Ratty, the call for the question was approved. ADJOURNMENT For the record, Mayor Payne stated that the meeting was adjourned at 10:50 p.m. because for the second time during the meeting, Councilmembers Dickerson and Christensen walked from the floor, while motions were on the floor, leaving the Council with- out a quorum. MAYOR of the City of BaM'ersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Calif.