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.