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HomeMy WebLinkAbout04/22/1987 MINUTES CCBakersfield, California, April 22, 1987 Minutes of the Special Joint Meeting of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency, held in the Council Chambers of City Hall at 5:00 p.m., April 22, 1987. The meeting was called to order by Mayor Payne. follows Present The City Clerk called the roll of the City Council as Mayor Payne. Councilmembers Childs, Christensen, Smith, Moore, Dickerson, Salvaggio Absent: Councilmembers Ratty The City Clerk called the roll of the Redevelopment Agency as follows: Present: Agency Members Childs, Christensen, SalvaggiO, .Smith Absent: Agency Membe~ Ratty~' '' Dickerson, Moore, HEARINGS This is the time set for a Joint Public Hearing of the Council and the Redevelop- ment Agency of the City of Bakersfield for the purpose of adopting a resolution amending the Participation Agreement for the City Center Project between MosesJan Development Corporation and the Bakers- field Redevelopment Agency. Adoption of Resolution No. 61-87 of the Council of the City of Bakersfield amend- ing the Participation Agreement for the City Center Project between MosesJan Development Corporation and the Bakers- field Redevelopment Agency. Upon a motion 61-87 of the Council of following vote: by Councilmember Childs, Resolution No. the City of Bakersfield was adopted by the Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Upon a motion by Councilmember Childs, adoption of Reso- lution No. 61-87 of the Council of the City of Bakersfield was re- considered. Mayor Payne declared the ttearing open for public parti- cipation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council and Agency deliberation and action. Special Legal Counsel Dave Beatty, of McDonough, Holland and Allan, outlined changes being made in the Participation Agree- ment for the City Center Project, indicating the changes are to the financing portion only. Bakersfield, California, April 22, 1987 Page 2 Adoption of Resolution No. 61-87 of the Council of the City of Bakersfield amend- ing the Participation Agreement for the City Center Project between Mosesian Development Corporation and the Bakers- field Redevelopment Agency. Upon a motion 61-87 of the Council of following vote: by Councilmember Childs, Resolution No. the City of Bakersfield was adopted by the Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Ratty Smith, Moore, Adoption of Resolution No. RA4-87 of the Redevelopment Agency of the City of Bakersfield amending the Participation Agreement for the City Center Project between MosesJan Development Corporation and the Bakersfield Redevelopment Agency. Upon a motion by Agency Member Childs, Resolution No. RA4-87 of the Redevelopment Agency of the City of Bakersfield was adopted by the following vote: Ayes: Agency Members Childs, Christensen, Salvaggio, Smith Noes: None Absent: Agency Member Ratty Dickerson, Moore, ADJOURNMENT There being no further business to come before the Redevelopment Agency, upon a motion by Agency Member Childs, meeting was adjourned at 5:16 p.m. the There being no further business to come before the Council, upon a motion by Councilmember Childs, the meeting was adjourned at 5:16 p.m. ATTEST: MAYOR of the Cit of Bakersfield, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California d~ Bakersfield, California, April 22, 1987 Minutes of the Regular Meeting of City of Bakersfield, California, held in the City Hall at 7:02 p.m., April 22, 1987. the Council of the Council Chambers of The meeting was called to order by Mayor Payne, fol- lowed by the Pledge of Allegiance and Invocation by Reverend Steve Kaay of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson, Salvaggio Absent: None MINUTES Upon a motion by Councilmember Childs, Minutes of the Regular Meeting of April 8, 1987, were approved. PRESENTATION Police Officer Steve Griffith introduced Franklin Ele- mentary School's 6th Grade Boys' Rap, who performed a drug rap entitled "Just Say No To Drugs" Mayor Payne read a proclamation declaring April 22, 1987, as Dewey Sceales Day in the City of Bakersfield and pre- sented Mr. Sceales with several gifts and a Key to the City upon his retirement as Planning Director of the City of Bakersfield. Vice-Mayor Childs read a proclamation declaring April 19-26, 1987, as Bakersfield Jazz Week, and presented it to Doug Davis, Cal State Bakersfield; Ruben Fernandez, Bakersfield Col- lege; and Lori King, host of Bakersfield's Jazz Show. PUBLIC STATEMENTS Russell A. Byrd, Piston Parking Corporation, 2601 17th Street, spoke regarding solutions for off-street parking. Councilmember Childs made a motion to refer Mr. Byrd's presentation to staff, asking that they confer with Mr. Byrd and come back to Council with a report. Earl Keefer, for Order of Immediate site. 5608 Julie Street, spoke in support of need Possession regarding Harris & Akers Park Roy Malahowski, Greater Bakersfield Legal Assistance, spoke in support of a Homeless Task Force. Sharon Moon, 2304 Mandeline Court, spoke in support of Urban Development Committee Report No. 13-87 regarding endan- gered species habitat. Donna Yowell, 914 Castaic Avenue, spoke in support of Urban Development Committee Report No. 13-87 regarding endan- gered species habitat. Arthur Unger, 2815 LaCresta Drive, spoke in support of Urban Development Committee Report No. 13-87 regarding endan- gered species habitat. Mayor Payne recessed the meeting at 7:55 p.m. to recon- vene the Redevelopment Agency meeting. Following adjournment of the Redevelopment Agency meeting, the Council meeting reconvened at 8:36 p.m. Bakersfield, California, April 22, 1987 Page 2 HEARINGS This is the time set for a public hearing for the purpose of consider- ing an application by Simpson-Van Curen, Inc. for a Modification to allow a six-story structure with a height of 95 feet where the maximum allowable height is 75 feet in an M-1 (Light Manufacturing) Zone on that certain property commonly known as 5201 Truxtun Avenue. Mayor Payne declared the hearing open for public parti- 'cipation. Jim Marino was present representing for Simpson-Van Curen, Inc. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Ratty, application by Simpson-Van Curen, Inc. for a modification to allow a six-story structure with a height of 95 feet where the maximum allowable height is 75 feet in an M-1 (Light Manufacturing) Zone on that certain property commonly known as 5201 Truxtun Avenue, was approved by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, This is the time set for a public hearing confirming the Report of Superintendent of Streets as to work done, costs of work and assessment of costs for installation of curb, gutter and connecting paving along Mesa Grande Street in front of Parcel C, Tract 2263, and ordering notices of liens delivered to County Auditor for collection of liens with taxes. Mayor Payne declared the hearing open for public parti- cipation. No protests or objections being received and no one wishing to speak in t'avor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 62-87 of the Council of the City of Bakersfield con- firming report of Superintendent of Streets as to work done, costs of work, and assessment of costs for installation of curb, gutter and connecting paving along Mesa Grande Street in front of Parcel C, Tract 2263, and ordering noti- ces of liens delivered to County Auditor for collection of liens with taxes. Upon a motion by Councilmember Salvaggio, 62-87 of the Council of the City of Bakersfield was following roll call vote: Resolution No. adopted by the Ayes: Councilmembers Childs, Christensen, Dickerson, Sa]vaggio ~oes: None bsent: None Smith, Ratty, Moore, Bakersfield, California, April 22, 1987 Page 3 CORRESPONDENCE Upon a motion by Councilmember Ratty, communication from California Water Service Company, 1920 Eye Street, dated April 8, 1987, requesting an extension of six months to complete the re- quired street improvements on their Pacheco Road property, was received and referred to the Auditorium and Community Services Committee. Upon a motion by Councilmember Moore, communication from California State College, 9001 Stockdale Highway, dated April 6, 1987, requesting Council support and approval of the College's proposal for the Riparian Studies Area, was received and referred to the Water Resources Committee. Upon a motion by Councilmember Christensen, communica- tion from Harold E. Garrett, 2410 So. "M" Street, submitting sug- gestions for Downtown area, old J. C. Penney Store building located at 19th Street and Chester Avenue, was received and referred to the Economic Development Department. Upon a motion by Councilmember Moore, communication from James T. Rowland, 3048 Panama Lane, received April 15, 1987, re- questing a General Plan Amendment from R-2 to C-1 located at the northeast corner of Panama Lane and Fortune Street, was received and referred to the Planning Commission for study and recommenda- tion. Upon a motion by Councilmember Christensen, communica- tion from San Joaquin Valley Cardiovascular Thoracic Medical Group, 1711 28th Street, dated April 1, 1987, submitting a com- plaint regarding trash pickup service, was received and referred to the Community Services Department. Upon a motion by Councilmember Moore, communication from the Bakersfield Art Foundation, P.O. Box 1911, dated April 15, 1987, submitting a current list of members, was received and placed on file. Upon a motion by Councilmember Ratty, communication from Gannon Enterprises, Inc., 4101 Union Avenue, dated April 9, 1987, regarding proposed Beach Park release of Deed restriction, was re- ceived and referred to the Budget and Finance Committee. REPORTS Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 13-87, re- garding New Construction Incentive Program/Enriquez Construction, as follows: The City Council approved Agreement No. 85-128 on June 12, 1985. The agreement provided Enriquez Construction with 5 City owned lots for develop- ment of affordable, single family homes in Census Tract 22. The homes would be sold to families whose annual gross income was below 80% of the City's medium income as defined by HUD. The original agreement was for a period of six months. Because of problems in obtaining financing the con- tractor was unable to start the project within the specified time. Therefore, an extension was granted for an additional 6 months. The California Housing Finance Agency required Enriquez Construction to construct 3 of the 5 sin- gle family units with funding on the remaining 2 to be approved after the first 3 were sold. Bakersfield, California, April 22, 1987 - Page 4 To date, Enriquez Construction has totally com- pleted and has sold 2 of the units and has the third in escrow. He is ready to proceed with the construction of the other two units. However, his original agreement with the City has expired. Mr. Enriquez is requesting that the City enter into an agreement with him to build homes on the two remaining lots. Staff feels that the circumstances surrounding Mr. Enriquez's failure to perform were beyond his con- trol and are in favor of his request. Staff feels that a period of 12 months should be given for the completion of the homes. This will provide ample time to adjust to any unforeseen changes in the housing market. Therefore, it is approved and that cute an agreement in this report. recommended that this request be the Mayor be authorized to exe- containing the elements written Upon a motion by Councilmember Childs, Budget and Fi- nance Committee Report No. 13-87 regarding New Construction In- centive Program/Enriquez Construction, was accepted, and the recommendations implemented. Councilmember Salvaggio, Chairman mittee, read Personnel Committee Report No. trative Aide Job Specification Revision as of the Personnel Com- 6-87 regarding Adminis- follows: On April 13, 1987, the Personnel Committee met to discuss a revision in job specifications for the Administrative Aide classification. Based on this meeting, the Committee recommends that the Adminis- trative Aide job specification be changed to in- clude the requirement of skill in the operation and care of a word processor. The revised job specifi- cation also provides for an Administrative Aide being able to direct clerical staff and perform fiscal record keeping. The Committee recommends accepting implementing the suggested changes trative Aide job specification. this report and in the Adminis- mittee cation Upon a motion by Councilmember Salvaggio, Personnel Com- Report No. 6-87 regarding Administrative Aide Job Specifi- Revision was accepted and recommendations implemented. Councilmember Salvaggio, Chairman of the Personnel Com- mittee, read Personnel Committee Report No. 7-87 regarding Graphics Technician Job Specification as follows: On April 13, 1987, the Personnel Committee met to discuss a job specification for the classification of Graphics Technician. The proposed description for the Graphics Technician reflects changes in the expanded use of modern graphic techniques. These changes are recommended so that this position will not be selected from a list generated from out-of- date and inappropriate requirements. The Committee recommends accepting this report, approving the new job specification, and adopting the attached Resolution. Bakersfield, California, April 22, 1987 Page 5 Upon a motion by Councilmember Salvaggio, Personnel Com- mittee Report No. 7-87 regarding Graphics Technician Job Specifi- cation was accepted and recommendations implemented. Adoption of Resolution No. 63-87 of the Council of the City of Bakersfield amend- ing Resolution No. 11-87 setting salaries and related benefits for Officers and Em- ployees of the City of Bakersfield. (Graphics Technician) Upon a motion by Councilmember Salvaggio, Resolution No. 63-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Councilmember Smith read Report No. 12-87 regarding Closure san's Faire as follows: Urban Development Committee of Patriots Park Gates for Arti- On Wednesday, April 9, 1987, Mr. Leo Whitecotton, representing Artisan's Guild, addressed the City Council and requested the closure and locking of the gates at the parking lot at Patriots Park on April 25th and 26th, 1987, for security reasons during the annual art show. This committee has reviewed the proposal with City staff to determine the feasibility and appropriate- ness of such an action. City staff recommends approval of the request for this event and will monitor and evaluate the affec~ of the closure to determine recommendations for future events. Therefore, based on these considerations, this com- mittee recommends that the City Council approve the request for closure and locking of Parking Lot Gates at Patriots Park for the Artisan's Faire. Committee Gates for mented. Upon a motion by Councilmember Smith, Urban Development Report No. 12-87 regarding Closure of Patriots Park Artisan's Faire was accepted and recommendation imple- Councilmember Ratty, Chairman of the Urban Development Committee, read Urban Development Committee Report No. 13-87 re- garding Endangered species Habitat Program as follows: On April 6, 1987, the Urban Development Committee met with three members of the U.S. Fish and Wild- life Service (Federal Agency) and City staff to discuss the influence of endangered species on development in Bakersfield. It became apparent at this meeting that the City must take an active role in reducing the limita- tions presented by several endangered plant and animal species on development and the City's abil- ity to attract new businesses. Bakersfield, California, April 22, 1987 Page 6 Four development projects consisting of 861 acres are currently on hold due to the need to arrive at mitigation satisfactory to the U.S. Fish and Wild- life Service for the San Joaquin Kit Fox, the most publicized endangered species within the City. To resolve the questions about what to do with the endangered plants and animals so these properties can develop and allow future proposals to proceed without similar interruptions, the City must pre- pare a Habitat Conservation Program (H.C.P.) and apply to the U.S. Fish and Wildlife Service for a Section 10(a) permit. This permit would provide an exemption to the Endangered Species Act for disturbance of endan- gered species if mitigation on a regional basis is provided. Obtaining such a permit would be a posi- tive step toward increasing Bakersfield's attrac- tiveness to the business community. Without this permit developers must take action to mitigate in- dividual species impacts on a piecemeal basis which is more costly and time consuming. ~t the same time, developing and following a Habi- tat Conservation Program will provide for protec- tion of rare and endangered species pursuant to the Federal Endangered Species Act. This Committee recommends the Council take the lowing actions: Direct staff to: 1. Initiate the H.C.P./Section 10(a) permit pro- cess. Prepare and send correspondence to the United States Fish and Wildlife Service indicating the City's commitment to Habitat Conservation Pro- gram preparation and application for an Endan- gered Species Act Section 10(a) permit. Invite Kern County to participate in the pro- gram. Organize a steering committee consisting of the following members for appointment by the City Council: U.S. Fish and Wildlife (1) State Department of Fish and Game (1) Planning Commissioner (1) Planning Commissioner (1) County Planning staff member (1) City Planning staff member (1) B.I.A. representative (1) Building trades representative (1) Sierra Club representative (1) Nature Conservancy representative (1) Investigate methods of funding permit acquisi- tion program. Upon a motion by Committee Report No. 13-87 Program was accepted. Councilmember Ratty, Urban Development regarding Endangered Species Habitat Bakersfield, California, April 22, 1987 - Page 7 Councilmember Salvaggio suggested asking a representa- tive from the Kern River Parkway Committee to be on the Habitat Conservation Program Steering Committee. Upon a motion by Councilmember Ratty of Urban Development Committee Report No. 13-87 gered Species Habitat Program were implemented. the recommendations regarding Endan- Councilmember Salvaggio clarified his vote, stating that he voted in support of Urban Development Committee Report No. 13-87 because he generally supports programs protecting endangered species. He expressed his concerns and feels it wouldn't have been harmful to add the Kern River Parkway Committee, but he didn't sense support from the Council and he gets tired of four- to-three votes so he didn't pursue the matter. Councilmember Dickerson clarified his vote, stating that the Urban Development Committee Report No. 13-87 was a course of action which is needed by the City. He feels one thing missed is getting the leadership from the community who have expertise in the field of protecting endangered species involved. He stated he wants to go on record as hoping a possibility for that in- volvement might occur in the future. Councilmember Christensen clarified his vote, stating that he voted for this because he desires to develop some harmony, if possible. But, he too would have liked to see the Kern River Parkway Committee involved, although he believes there is some truth to a committee being too large, but he can't see a committee of twelve or fourteen being too large. He hopes maybe down the road they can be added. Mayor Payne stated for the record that he believes every reasonable effort needs to be made to protect all forms of plant and animal life in the Bakersfield community, with the possible exception of brussel sprouts. Upon a motion by Councilmember Salvaggio, he was allowed to deviate from the rules and ask staff questions regarding the action taken on Urban Development Committee Report No. 13-87. Upon a motion by Councilmember Dickerson, Legislative Report No. 4-87 regarding Senate Bill 300, Clean Up Legislation, was considered an item that arose after the Agenda was prepared the following vote: by Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Councilmember Dickerson, Chairman of the Legislative Committee, read Legislative Committee Report No. 4-87 regarding Senate Bill 300 Clean Up Legislation as follows: On April 8, 1987, the City Council referred corres- pondence from Mayor Jack Kipp, City of Folsom City, to the Legislative Committee for review and recom- mendation. In his correspondence, Mayor Kipp urged the City of Bakersfield to adopt a resolution simi- lar to that adopted by the City of Folsom, which seeks to clean up oversights caused by the passage of SB 300. On April 21, the committee met with staff to discuss and review this matter. Bakersfield, California, April 22, 1987 Page 8 SB 300 (1985) provided a one-time, non-recurring amount of $345 million to California cities and counties for street maintenance and reconstruction. The allocation to the City of Bakersfield amounted to $453,000. The bill had tied to it a maintenance of effort requirement that cities and counties maintain the current (1984-85) level of expendi- tures for streets and roads and not use the SB 300 funds to supplant local governmental efforts. The City of Bakersfield (as have 112 other cities) has experienced difficulties in meeting the mainte- nance of effort requiremeats and is in jeopardy of losing gas tax funds in the amount of the original SB 300 funding. For the City of Bakersfield, the base year of 1984-85 was a year of extra-ordinary and non-recurring expenditures for streets and roads. Approximately $1,000,000 was used from Revenue Sharing funds to assist in street and road efforts. Revenue Sharing funds are no longer available, and the City can no longer maintain the 1984-85 level of expenditures. The 1984-85 base year, due to the loss of available Revenue Sharing funds, is therefore inflated for the City of Bak- ersfield. Legislation on base year maintenance efforts is being addressed by the Assembly Transportation Com- mittee. The committee must act on proposed legis- lation concerning the issue before May 8. Therefore, based on the above information and time constraints, the Legislative Committee recommends the City Council adopt the attached resolution sup- porting clean up legislation of SB 300 and forward a copy to the Assembly Transportation Committee as soon as possible. The committee requests acceptance of this report and approval of its recommendations. Upon a Committee Report was accepted and motion by Councilmember Dickerson, Legislative No. 4-87 regarding SB 300 Clean Up Legislation recommendations implemented. Adoption of Resolution No. 64-87 of the Council of the City of Bakersfield sup- porting legislation to address problems resulting from Senate Bill 300 (SB 300, 1985). Upon a motion by Councilmember Dickerson, Resolution No. 64-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 7158 to 7587 inclusive, in the amount of $1,484,759.91. Bakersfield, California, April 22, 1987 - Page 9 b. Claims for Damages and Personal Injuries,from the following: Cindy Slamin, 505 Oildale Drive; Gary Sumlin, 1100 Arena Way; Nancy Lou Berrigan, 1504 White Lane; Peter Ronald Erickson, 401 Montclair Street; Brent Hayes and Sylvia Snow, 2333 Termino; and James Gordon Creech, 5909 Ming Avenue. (REFER TO THE CITY ATTORNEY) c. Dedication of Properties: Street Right-of-Way Deed from James G. Bailey for a portion of Brundage Lane at the southwest corner of Brundage Lane and Mt. Vernon Avenue. Street Right-of-Way Deed from Stockdale South Partnership for a portion of Panama Lane between Gosford Road and the Arvin- Edison Canal. Turnaround Easement from Stockdale South Partnership located east of Gosford Road and north of Harris Road. d. Maps and Improvement Agreements: Final Maps and Improvement Agreements for Tracts 4880 Units C, D and E and 4901 Units A, B, C and D for 372 lots on 80 acres lo- cated east of Gosford Road and north of Panama Lane (Stockdale South Partnership). Improvement Agreement for the construction of the north half of Panama Lane between Gosford Road and the Arvin-Edison Canal (Stockdale South Partnership). e. Notices of Completion and Acceptance of Work: Tract No. 4696, located near Scarlett Oak Boulevard and Mountain Oak Road, Contract No. 84-150, was completed on April 10, 1987. Parcel Map No. 8159, located near White Lane and Mexicali Drive, Contract No. 87-12, was completed on April 10, 1987· Traffic signal system on Agate Street/ Castro Lane at Wilson Road, Contract No. 87-11, was completed on April 2, 1987. Traffic signal systems on Hughes Lane at White Lane, Contract No. 86-144, was com- pleted on April 3, 1987. f. Application for Encroachment Permits: Wiley D. Hughes, 218 South "H" Street· The applicant is requesting approval of a 3 1/2 inch high mow strip and 6 inch high planter curb nrniectin~ one foot into th~fr ~oI'- wav ~ £6~stalBt Lane ]us~ east ~ "H~ Street. Bakersfield, California, April 22, 1987 Page 10 Steven C. Bruce, 6708 Donnell Court. The applicant is requesting approval of in- stalling 6 foot wooden fence along Bridge- port Street, 5 feet from the curbline at 6708 Donnel Court. Mario A. Ramas, 1031 East 18th Street. The applicant is requesting approval of instal- ling 5½ feet and 4 feet pillars (1 ft. x 1 ft.) and red irons with no sharp edges along 6 feet behind the flow line of East 18th and Gage Streets at 1031 East 18th Street. Gary Winton, 6421Chewacan Drive. The ap- plicant is requesting approval for con- structing a 34 inch high retaining wall, 5 feet from the curb]inc at 6421 Chewacan Drive. Approval of Plans and Specifications for resur- facing East Truxtun Avenue between Brown Street and Washington Street. Approval of Plans and Specifications for the construction of storm drain on Akers Road be- tween Planz Road and Wilson Road (Phases I and II). Approval of Plans and Specifications for the replacement of Sanitary Sewer Pipeline in Brundage Lane from Myrtle Street to Chester Avenue. Approval of Plans and Specifications for the installation of chainlink fence at Wastewater Treatment Plant No. 3. Approval of Plans and Specifications for fil- ling in gaps in existing curb and gutter in two blocks bounded by 22nd, 23rd, "N" and "P" Streets. Request from Hilltop Developers, Inc. to ex- tend Improvement Agreement No. 86-59 for Parcel Map 7794 nine months to February 7, 1988. (South "H" Street, south of Pacheco Road)· Upon a motion by Councilmember Childs, Items a, b, c, d, e, f, g, h, i, j, k and 1 of the Consent Calendar were adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Sa]vaggio Noes: None Absent: None Smith, Ratty, Moore, ACTION ON BIDS Upon a motion by Councilmember Christensen, low bid from Granite Construction Company in the amount of $308,937.00, for re- surfacing Wible Road from 500 feet North of Ming Avenue to Wilson Road and from Planz Road to Pacheco Road, was accepted, all other bids rejected, the use of savings from completed projects author- ized and the Mayor authorized to execute the contract. Bakersfield, California, April 22, 1987 - Page 11 Upon a motion by Councilmember Moore, low bid from San Joaquin Interiors in the amount of $9,358.00, to replace floor tile in Police Department stairwells and landings, was accepted and all other bids rejected. Councilmember Childs made a motion to accept low bid in the amount of $49,306.25 from Valley Tree and Construction, for an annual contract for building demolition, reject the other bid and authorize the Mayor to execute the Contract. Councilmember Dickerson made a substitute motion to re- fer the matter of an annual contract for building demolition to the Budget Committee for a policy decision. This motion failed. Councilmember Childs' main motion to accept low bid in the amount of $49,306.25 from Valley Tree and Construction for an annual contract for building demolition, reject the other bid and authorize the Mayor to execute the Contract, was approved. Upon a motion by Councilmember Childs, low bid from Valley Tree & Construction in the amount of $9,750.00 for demoli- tion and removal of four substandard structures, was accepted and all other bids rejected. Upon a mot Motor City Sales and self-contained patch all other bids rejec ion by Councilmember Childs, low bid from Service in the amount of $46,317.76 for a truck for street maintenance was accepted and ted. Upon a motion by Councilmember Moore, low bid from Motor City Sales & Service in the amount of $23,086.80 for a dump truck with trash body for Water Department was accepted and all other bids rejected. Upon a motion by Councilmember Berchtold Equipment Co. in the amount of with enclosed cab for Parks Division was bids rejected. Christensen, low bid from $16,424.70 for a tractor accepted and all other Upon a motion by Councilmember Moore, low bids from ValCom of Bakersfield for $25,717.51 (2 items), Compu-Byte, Inc. for $3,789.50 (2 items), TDH and Associates for $3,969.70 (1 item) for five personal computers and accessories for Fire Department were accepted and all other bids rejected. Upon a motion by Councilmember Ratty, low bids from Control Traffic Corporation for $7,547.09 (1 item), All-Phase Electric for $7,155.00 (2 items), Graybar Electric for $4,432.92 (2 items) for traffic signal parts were accepted and all other bids rejected. Upon a motion by Councilmember Christensen, low bid from L.N. Curtis & Sons in the amount of $17,545.27 for an annual con- tract for Survivair parts for Fire Department breathing equipment was accepted and the Mayor authorized to execute the contract. Upon a motion by Councilmember Moore, low bids from Pursuit Specialties for $5,593.73 (2 items) and F. Morton Pitt Company for $3,509.29 (4 items) for lightbars and accessories for Police vehicles were accepted and all other bids rejected. Upon a motion by Councilmember Moore, low bids from Ferrel's Landscaping for $6,635.07 (6 items), American Wholesale Nurseries for $2,336.66 (5 items), Landscape Growers for $1,009.12 (1 item), Bordier's Nursery for $219.21 (l item) for miscellaneous plants and trees were accepted and all other bids rejected. Bakersfield, California, April 22, 1987 Page 12 Upon a motion by Councilmember Moore, low bid from Custom Switchgear and Controls, Inc. in the amount of $8,902.94 to furnish manufactured electrical panelboard for 2800 Acre Inter- face Project Water Well No. 1 was accepted, all other bids reject- ed and the Mayor authorized to execute the contract. Upon a motion by Councilmember Salvaggio, low bid from Audio Engineering Associates in the amount of $7,188.39 for parts to upgrade Council Chamber public address system was accepted and the other bid rejected. NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield adding Section 17.08.080 D. to the Bakersfield Municipal Code relating to Reconstruction of Damaged Nonconforming Residential Buildings. First Reading an Ordinance of the Council of the City of Bakersfield adding Section 17.60.080 N. to the Bakersfield Municipal Code prohibiting Freestanding Signs, other than Monument Signs, and Outdoor Advertising Signs on property between Highway 99 on the east, the Santa Fe Rail- road Right-of-Way to and along the Carrier Canal on the south, Coffee Road on the west, and the northern bank of the Kern River on the north. Adoption of Resolution No. 65-87 of the Council of the City of Bakersfield approv- ing the Mayor's Appointments to the Re- development Agency. Upon a motion 65-87 of the Council of following vote: by Councilmember Moore, Resolution No. the City of Bakersfield was adopted by the Ayes: Noes: Absent: Councilmembers Christensen, Smith, Ratty, Dickerson, Salvaggio Councilmember Childs None Moore, Councilmember Childs clarified his vote, stating that he is not an obstructionist. He didn't support Resolution No. 65-87, but because of his prior statements, he feels his stance is cor- rect. He plans to pursue the eminent domain issue, not because he does not have confidence in the City Attorney, but because for three or four years the City Attorney informed Council that that authority could not be delegated, but now he is saying it can be delegated. Upon a motion will be taken care of at level with a 2/3 vote of by Councilmember Salvaggio, eminent domain the Disposition and Development Agreement the Council. Bakersfield, California, April 22, 1987 Page 13 Adoption of Resolution No. 66-87 of the Council of the City of Bakersfield amend- ing Resolution No. 11-87 setting salaries and related benefits for new classifica- tions for officers and employees of the City of Bakersfield. Upon a motion 66-87 of the Council of following vote: by Councilmember Dickerson, the City of Bakersfield was Resolution No. adopted by the Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Renewal Agreement with the Kern Union High School District for the services peace officers for certain functions, activities or gatherings conducted or sponsored by the District. of Upon a motion by Councilmember Ratty, a Renewal Agree- ment with the Kern Union High School District for the services of peace officers for certain functions, activities or gatherings conducted or sponsored by the District was approved and the Mayor authorized to execute the Agreement. Renewal Agreement with the Kern Community College District for the services of peace officers for certain functions, activities or gatherings conducted or sponsored by the District. Upon a motion by Councilmember Christensen, Renewal Agreement with the Kern Community College District for the serv- ices of peace officers for certain functions, activities or gath- erings conducted or sponsored by the District was approved and the Mayor authorized to execute the Agreement. Agreement with DKS Associates for en- gineering consulting work on the City's Fuel Efficient Traffic Signal Management (FETSIM) Project. Upon a motion by Councilmember Moore, an Agreement with DKS Associates for engineering consulting work on the City's Fuel Efficient Traffic Signal Management (FETSIM) Project was approved and the Mayor authorized to execute the Agreement. Agreement for the transfer of Sierra Park Site from the County of Kern to the City of Bakersfield. Upon a motion by Councilmember Smith, Agreement for the transfer of Sierra Park Site from the County of Kern to the City of Bakersfield was approved and the Mayor authorized to execute the Agreement. Staff asked Council to request Mayor Payne send a letter of appreciation to Kern County for their cooperation with the Sierra Park Site Agreement. Acquisition of Street Right-of-Way from De-Rancho-Y Mobile Villa, 6201 Wible Road for widening of Wible Road to an arterial standard. Upon a motion by Councilmember Dickerson, Street Right-of-Way from De-Rancho-Y Mobile Villa, [or widening of WibLe Road to an arterial standard tlatlon or emlnen~ aomaln was approve~. Acquisition of 6201 Wible Road through nego- Bakersfield, California, April 22, 1987 Page 14 Re-opening Farmers Market - Liability Insurance Requirements. Upon a motion by Councilmember Ratty, liability insurance requirements for re-opening Farmers Market were referred to the Budget and Finance Committee. Memo requesting the Council to establish a Joint City/County Home]ess Coalition Task Force to deal with the Homeless in Bakersfield. Deputy City Manager Strenn advised Council that the County Board of Supervisors is prepared to certify the membership of the Homeless Coalition Task Force. Councilmember Dickerson made a motion to defer certifi- cation of me~nbership of the Homeless Coalition Task Force until the Council meeting of May 6, 1987. The motion failed by the fol- lowing roll call vote: Ayes: Councilmembers Sa]vaggio Noes: Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson Absent: ~one Upon a motion by Councilmember Moore, membership of the Homeless Coalition Task Force was accepted as follows, with the County to be notified of Council's action: Counseling (2 1. Public - 2. Private Members) Kern Health Department (Alcohol) - Kern Linkage (Drugs, Mental Health) State - Political (1 Member) Appointee of 16th Senatorial District County Political (1 Member) Appointee of 5th District Supervisor City Political (1 Member) Appointee of Mayor Payne Homeless People (3 Members) 1. Formerly Homeless Family 2. Formerly Homeless Individual 3. Currently Homeless Individual Grace Warnecke Paul Crumpacker Legal (2 Members) 1. Greater Bakersfield Legal Assistance 2. Appointee of Kern County Bar Association Law Enforcement (1 Member) Appointee of Bakersfield Police Department (Recommending Officer Paul Olsen) Merchants (3 Members) 1. East Bakersfield Merchants 2. Downtown Business Association 3. Appointee of the Bakersfield Chamber of Commerce Non-Profit Organizations (3 Members) 1. Service - KCEOC 2. Service Salvation Army 3. Shelter Human Services (2 Members) 1. Public - Kern County Department of Human Services 2. Private - Catholic Social Services Bakersfield, California, April 22, 1987 Page 15 Health Care (1 Member) East Bakersfield Community Health Center Community at Large (1 Member) United Way Appointment of City Representative to the Kern Economic Development Corporation. Upon a motion by Councilmember Moore, Vice-Mayor Childs was appointed as a delegate, and City Manager Caravalbo appointed as an alternate, to the Kern Economic Development Corporation by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Moore Councilmembers Christensen, Dickerson, Salvaggio None Councilmember Dickerson clarified his vote, stating he would like it to be remembered that he supported appointing Mayor Payne to the Kern Economic Development Corporation, because he feels his position is consistent with the will of the majority of the residents of Bakersfield and not a reflection on any other issue or individual. Appointment of City Representative to the Kern County Economic Development Council. Upon a motion by Councilmember Moore, Councilmember Smith was appointed as the City representative to the Kern County Economic Development Council. Miscellaneous Department Civil Service Board Councilmember Moore made a motion that nominations for the Miscellaneous Department Civil Service Board close at the May 6, 1987, Council meeting, and appointments made at the May 20, 1987, Council meeting. Councilmember Ratty placed the name of Bill Maddox in nomination for the Miscellaneous Department Civil Service Board. Councilmember Moore's motion to close nominations for the Miscellaneous Department Civil Service Board at the May 6, 1987, Council meeting, and make appointments to that board at the May 20, 1987, Council meeting was approved. Upon a motion by Councilmember Dickerson, Councilmember Moore's motion to close nominations for the Miscellaneous Depart- ment Civil Service Board at the May 6, 1987, Council meeting, and make appointments to that board at the May 20, 1987, Council meet- ing was reconsidered. Councilmember Moore restated his motion, that anyone interested in serving on the Miscellaneous Service Commission may submit their resume to the City Clerk by April 30, 1987, additional resumes will be considered as nominated, with voting to take place at the Council meeting of May 6, 1987. Historic Preservation Commission Upon a motion by Councilmember Smith, Carol Lee, 3712 Crest Drive, was appointed as a Member to the Historic Preserva- tion Commission for a three year term ending March 30, 1990. Upon a motion by Councilmember Childs, Bruce E. Keith, 1820 Brundage Lane, was appointed as a Member to the Historic Preservation Commission to fill the unexpired term of Michael McAlister, term expiring on March 30, 1988. Bakersfield, California, April 22, 1987 page 16 Upon a motion recessed the meeting at 11:45 p.m. by Councilmember Childs, 11:35 p.m. The meeting Mayor Payne reconvened at Current Planning Commission Vacancies Upon a motion by Councilmember Salvaggio, Barbara Patrick, 5817 Kingsland Avenue, Dennis Gronbeck, 1001 Tower Way, Suite 210, and Ronald Jarreit, 3417 Glenridge, were reappointed to the Planning Commission for four year terms ending April 17, 1991. COUNCIL STATEMENTS Proposed Charter Amendment regarding Mayor's position and additional Ward. Councilmember Moore made a motion that the Council go on record in opposition to the proposed change to the Charter to in- crease the size of the Council with a voting Mayor and additional Councilmember, but support the current form of the Council with a change to allow pay to the Mayor and Council COmmensurate with the duties and responsibilities of their respective jobs. Councilmember Ratty suggested that if there are going be any changes to the Charter, Council consider restricting the number of wards to four and have possibly three Councilmembers serve in positions of Councilmember-at-large. to Councilmember Moore's motion, that the Council go on record in opposition to the proposed change to the Charter to in- crease the size of the Council with a voting Mayor and additional Councilmember, but support the current form of the Council with a change to allow pay to the Mayor and Council commensurate with the duties and responsibilities of their respective jobs, was approved by the following vote: Ayes: Noes: Absent: Abstention: Councilmembers Childs, Christensen, Salvaggio Councilmember Smith None Councilmember Dickerson Ratty, Moore, Councilmember Childs clarified his vote, stating that this particular issue has been of great concern to him because he supports the position of the Mayor, but has not seen any propo- sal nor draft of a finalization of what was proposed. He has seen a document entitled "Pasadena Plan", but doesn't recall seeing the finalization with changes. So that's one reason why he did not support the plan. Another reason was his mixed emotions about certain aspects of the plan that might cause a bigger gap in the relationship between the Mayor and the Council itself. He be- lieves enough problems exist. He expressed support in the Mayor being paid and feels he doesn't begin to be compensated for the number of hours he puts in at City Hall. He also expressed sup- port for Councilmembers being paid and believes that eventually the City of Bakersfield will have to go to a full time Council. He feels they're doing themselves a disservice at this particular time and that's the reason he voted the way he did. Councilmember Dickerson clarified his vote, stating that in the past he and Mr. Payne have been involved in an election or two and he didn't want any inference on a position that would reflect upon what the Mayor is trying, or what maybe some of the community members are trying to accomplish. So he refrained from voting. Bakersfield, California, April 22, 1987 Page 17 Councilmember Sa]vaggio clarified his vote, stating he supported Councilmember Moore's motion because he felt that although the local government system isn't perfect, it's about as good as you can get. And it takes politics out of the process as much as possible. He stated that at certain times, the City Manager has been accused of having favorites on the Council and being the most political person in City Hall and if that's true, that's only because the Council allows that situation. But he feels it's less political that way than it would be to have a strong mayor form of government. As he has stated previously, he feels the Mayor would really relegate the role of the professional Manager with technical skills to a mere caretaker, and he can't understand why both would be needed. Councilmember Christensen clarified his vote, stating that he can see lots of room for improvement toward the Mayor's office and towards the Council's office and cannot agree with Mr. Salvaggio. Councilmember Dickerson suggested the issue of appoint- ing an administrative assistant for the Mayor be referred to the Personnel Committee. Councilmember Smith clarified her vote, stating that she voted no because she could not support the second part of the motion. She stated that she knew when she ran for the position of Councilmember that she wouldn't receive much money and if she voted for the change she would feel as though she was changing horses in midstream at this point in time. Report on California Council of Govern- ments meeting that was held April 8 through 10, 1987. Councilmember Moore gave a brief report on the emphasis of, and action taken at, the California Council of Governments meeting which he attended. City Manager Caravalho informed Council that Councilmem- ber Moore was elected Vice-President of California Council of Governments. Park Acquisition and Development Program. Councilmember Dickerson referred to a Memo from Community Services Manager Dow regarding park acquisition and development program and inquired when the City Park Plan would be implemented. Assistant Planning Director Hardisty gave an overview of the City Park Plan. Councilmember Salvaggio requested that the subject Off-Road Vehicle Ordinance in the Kern River Plan Element be placed on the May 6, 1987, agenda under Council Statements. of an City Clerk Williams noted for the record, that two pieces of correspondence were received from the Building Industry Association. One requested that fees or dedication requirements not be placed on development services applications until acquisi- tion and development plans and the enabling ordinance has been adopted. The other was in support of reappointment of Mr. Gron- beck, Mr. Jarrett and Ms. Patrick to the Planning Commission. Bakersfield, California, April 22, 1987 - Page 18 Need I'or an Order of Immediate Possession to begin work on Harris and Akers Park. Councilmember Dickerson made a motion to direct staff to give an order of immediate possession to begin work on Harris and Akers Park. Upon a motion by Councilmember Ratty, a call for the question was approved. Councilmember Dickerson's motion to direct staff to give an order of immediate possession to begin work on Harris and Akers Park was approved by the following roll call vote: Ayes: Noes: Absent: Councilmembers Christensen, Smith, Dickerson, Councilmembers Childs, Ratty, Moore None Salvaggio Mayor Payne introduced communication from Western O11 and Gas Association requesting Council consider supporting a resolu- tion for off-shore drilling; and communication from the Mayor of the City of Rolling Hills Estates requesting support and endorse- ment of Assembly Bill 1608 which relates to over-all safety of the roadways in the State of California. Mayor Payne recommended that both items be given to the Legislative Committee for review and consideration. ADJOURNMENT There being no further business to come beI'ore the Council, upon a motion by Councilmember Christensen, the meeting adjourned at 12:55 a.m. ATTEST: MAYOR of the City of Bakersfield, Calif. ~ ,' ...,'..' //.-. r. J/,,,' CITY CLERK and Ex Officio Clerk of the Council or' the City ot' Bakersfield, California df