HomeMy WebLinkAbout09/23/1987 MINUTES CCBakersfield, California, September 23, 1987
Minutes of
City of Bakersfield,
Session, held in the
5:25 p.m., September
the Special Meeting of the Council of the
California, for the purpose of a Workshop
Basement of the City Hall Annex Building at
23, 1987.
The meeting was called to order by Mayor Payne.
Present: Mayor Payne.
Absent: None
Councilmembers Childs, Christensen, Smith,
Ratty, Moore, Dickerson (seated
at 5:30 p.m.), Salvaggio
AIR QUALITY
Assistant City Manager Pulskamp provided information
regarding the quality of the air in Bakersfield.
Kern County has been identified as one of the 14 areas
nationwide that are so far from meeting 1988 Clean Air Act
requirements that there is no way the goals can be met by the
December 31 deadline. Problems of air pollution range from eco-
nomic to aggravating to life threatening. To ensure a high qual-
ity of life for this generation and for future generations, the
City of Bakersfield needs to continue to do what it can to improve
air quality and to continue as an advocate of clean air legisla-
tion at other levels of government
Councilmember Moore suggested that the City continue to
work with the County and the League of California Cities.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Childs, the meeting
adjourned at 6:20 p.m.
MAYOR of the City of ~akersfield, Calif.
ATTEST:
CITY CLERK and Ex Officio Clerk of the
of the City of Bakersfield, California
Council
rg
Bakersfield, California, September 23, 1987
L33
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., September 23, 1987.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Reverend Clyde
Wasdin of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Payne.
Absent: None
Councilmembers Childs, Christensen, Smith,
Ratty, Moore, Dickerson,
Salvaggio
MINUTES
Upon a motion by Councilmember Moore, Minutes of the
Regular Meetings Of August 12 and August 26, 1987, and the Special
Meeting of August 19, 1987 were accepted and approved.
PUBLIC STATEMENTS
Mr. Herbert Moore, 5305 Crystal Springs Drive, com-
plained about the noise across the street from his home and
presented a petition containing 10 signatures.
Councilmember Dickerson requested staff, Drillco and
Mr. Moore meet in the next week and report back to Council.
Upon a motion by Councilmember Childs, Mr. Moore's com-
plaint was referred to staff, and Assistant City Manager Pulskamp
was directed to contact Mr. Moore.
HEARINGS
This is the time set for a public hearing
on an appeal by Dick D. Lardy to the
decision of the Board of Zoning
Adjustment denying his application
requesting Modification of an R-1 (One
Family Dwelling) Zone to permit a 5-foot
high fence within the required front yard
setback where the maximum allowable
height is 4 feet on that certain property
commonly known as 2908 Cornell Street.
Mayor Payne declared the hearing open for public par-
ticipation.
Dick Lardy, 2908 Cornell Street, spoke in support of the
appeal.
No protests or objections being received, and no one els.~
wishing to speak in favor, Mayor Payne closed the public portion
of the hearing for Council deliberation and action.
Councilmember Smith made a motion to uphold the appeal.
Councilmember Moore
companies to help enforce the
the ordinance to see if it is
suggested staff work with the fence
ordinance, and possibly readdress
accurate in serving its purpose.
Mayor Payne suggested staff contact all businesses
which sell fencing materials regarding the fence ordinance.
Bakersfield, California, September 23, 1987 - Page 2
Upon a motion by Councilmember Christensen, the call for
the question was approved.
Councilmember Smith's motion to uphold the appeal by
Dick D. Lardy was approved by the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith, Ratty, Moore,
Councilmember Salvaggio clarified his vote stating he
supported the appeal because he respects the wishes of
Councilmember Smith, and it is the most practical thing to do.
He stated concern, however, that this may give license to others
coming forward.
This is the time set for public hearing
before the Council of the City of
Bakersfield to determine whether the pub-
lic interest and necessity require
taking of property located on Madison
Avenue south of the Bakersfield Municipal
Airport for municipal airport purposes.
(Parcels 1 and 2)
Assistant City Manager Pulskamp gave a brief presenta-
tion and informed the Council that adoption of the resolution is
a legal prerequisite to eminent domain to acquire title to the
property deeded for the expansion of the Bakersfield Municipal
Airport. He stated this would not prevent staff from negotiating
with the property owner, but would start the legal process.
Mayor Payne declared the hearing open for public par-
ticipation.
William Anderson, Attorney at Law, 5401 California
Avenue Suite 301, representing Dr. Berger, owner of the property,
spoke in opposition to the taking of property on Madison Avenue.
He requested this matter be turned over to an attorney and
allow both parties to get together, and continue the hearing to
the next meeting.
No further protests or objections being received and no
one wishing to speak in favor, Mayor Payne closed the public por-
tion of the hearing for Council deliberation and action.
Councilmember Dickerson made a motion to continue the
public hearing to the meeting of September 30, 1987.
Councilmember Ratty made a substitute motion to close
the public hearing.
Councilmember Childs called for the question.
Councilmember Ratty's substitute motion to close the
public hearing was approved by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Salvaggio
Councilmember Dickerson
None
Smith, Ratty, Moore,
Upon a motion by Councilmember Salvaggio, Mr. Anderson
was allowed to address the Council.
Councilmember Salvaggio made a motion to delay adoption
of the resolution until the Council meeting of September 30, 1987.
Bakersfield, California, September 23, 1987 - Page 3
Councilmember Ratty made a substitute motion to proceed
with the resolution to declare this to be in the public interest.
Upon a motion by Councilmember Childs, the call for the
question was approved.
Mayor Payne restated Councilmember Ratty's substitute
motion to adhere to the staff recommendation and adopt a resolu-
tion declaring this proceeding to be in the public interest. This
motion was defeated by the following vote:
Ayes: Councilmembers Childs, Ratty, Moore,
Noes: Councilmembers Christensen, Smith, Dickerson,
Absent: None
Salvaggio
Mayor Payne restated the main motion by Councilmember
Salvaggio to delay any action on this matter until September 30,
1987, while staff and Mr. Anderson engage in dialogue. This
motion was approved by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Christensen, Ratty, Moore,
$alvaggio
Councilmembers Childs, Ratty
None
Dickerson,
Councilmember Salvaggio clarified his vote stating that
he supports the continuance of time and hopes that both parties
will come back with a win-win position. He stated that this
Council is not invoking eminent domain for a school or a highway,
and, therefore, the City has to go an extra mile in matters such
as this.
Councilmember Dickerson clarified his vote stating that
one week was not a great amount of time. He stated he would not
support a further delay, and Council will be prepared to take
action next week.
Councilmember Childs clarified his vote stating that in
the past Council has proceeded with the normal course of events,
and two parties have come up with a solution without feeling that
there was an ax over either parties head.
Councilmember Smith clarified her vote stating she voted
aye because there is a new player.
This is the time set for public hearing
before the Council of the City of Bakers-
field to determine whether the public
interest and necessity require taking of
property located on White Lane south of
the Bakersfield Municipal Airport for
municipal airport purposes. (Parcels 3
and 4)
Mayor Payne declared the hearing open for public par-
ticipation.
William Anderson, Attorney at Law, 5401 California
Avenue, Suite 301, representing the property owner, Dr. and Mrs.
Berger spoke in opposition to the taking of property on White Lane
south of the Airport.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Payne closed the public
portion of the hearing for Council deliberation and action.
Councilmember Dickerson made a motion to place this mat-
t~r on the Council agenda for September 30, 1987.
Bakersfield, California, September 23, 1987 - Page 4
Councilmember Childs made a substitute motion to adopt a
resolution declaring this to be in the public interest.
Upon a motion by Councilmember Salvaggio, Mr. Anderson
was allowed to address the Council.
Upon a motion by Councilmember Ratty, the call for the
question was approved.
Councilmember Childs' substitute motion to adopt
Resolution No. 176-87 of the Council of the City of Bakersfield
declaring the public interest and necessity for the taking of cer-
tain property for municipal airport purposes (parcels 3 and 4);
Code of Civil Procedure Section 1245.230, was approved by the fol-
lowing vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Smith, Ratty,
$alvaggio
Councilmember Christensen
None
Moore, Dickerson,
This is the time set for public hearing
regarding amendment to the Redevelopment
Element of the Bakersfield Metropolitan
Area General Plan and Proposed
Environmental Documents concerning the
following areas:
The City of Bakersfield Economic Development
Department has applied to amend the circulation
component of the Redevelopment Element of the
Bakersfield Metropolitan Area General Plan by
removing the Central Business District local
street classification of "K" Street between 17th
Street and 18th Street.
Mayor Payne opened the public portion of the hearing for
Council deliberation and action.
Upon request by Councilmember Ratty, the following tran-
script was placed in the minutes for the record.
CURTIS DARLING: I'm Curtis Darling. I'm a co-owner --
I'm sorry. My address is 915 Fairway Drive.
MAYOR PAYNE: Thank you, sir.
CURTIS DARLING: I'm a co-owner in the property known as
the "K" Street garage; 17th and "K". Which this "K" Street, in
effect, dead ends into the garage. The previous "K" Street was
vacated and the City built the garage where the old "K" Street was
between 17th Street and Truxtun Avenue.
Now, I'm here generally to support the position as it's
now modified. And I'm not here to object. I just want to make
very sure that what was used by the staff in discussing this with
you just now does not become a fact. He described it as a 25-foot
alley. If this is going to be an alley, then I violently object.
It was described in the meeting in which our office and the abut-
ting owners, to my knowledge, agreed with this, that it would be
maintained as a 25-foot thoroughfare with parking on the whole
block, on the west side o~ the street, with parking on half of the
block on the east side of the street with the thoroughfare to go
northerly. We have -- the reason we objected in the first place we
did not want this to degenerate into the alley. And I recommend
Bakersfield, California, September 23, 1987 - Page 5
187
to all you ladies and gentlemen that want to reduce a thorough-
fare in the City of Bakersfield to go and look at the alley that
abuts this property directly between the -- what used to be
Bakersfield Savings and Loan. I don't know who owns the property
now. And the old Haberfelde Building where the dumpsters sit out on
the sidewalk, people park in the alley. You can't stand to walk
by it, it smells so bad. It is not a thoroughfare. It isn't
safe for people to walk.
Now, we don't want vacated "K" Street to turn out like
that. And we had a definite agreement that this would be a thor-
oughfare going in a northerly direction, and that before any
change was made in that aspect of this street that we would be
entitled to a new public hearing. Now, I want to impress on you
that we are permitting a street to be vacated, and we are an abut-
ting land owner, and we are not being compensated. And we no
longer have the City plot plan to support our property. The
street is now vacated, and it's become private property. So it's
absolutely essential that whatever ruling is made in support of
the Planning Commission, maintain this as a public street, a pub-
lic thoroughfare and in no sense of the word an alley.
We've consented to a one-way traffic, rather over my dead
body, but we did. And we want to make sure that what we agreed
on comes out in the legal results and, by all means, we do not
want this called an alley. Thank you.
MAYOR PAYNE: Thank you, Mr. Darling. Mr. Pulskamp.
ASSISTANT CITY MANAGER PULSKAMP: Mr. Darling is re~er-
ring to the one condition that I mentioned. Specifically, what
that calls for is a 25-foot permanent access easement shall be
retained by the City upon vacation provided along "K" Street bet-
ween 17th and 18th Streets. And such a deed restriction reflect-
ing said easement will be recorded. I believe this was discussed
at length at the Planning Commission, and we seemed to reach agree--
ment on that.
MAYOR PAYNE: So the term "alley" is in fact a legal
term, it's not what we are attempting to duplicate.
ASSISTANT CITY MANAGER PULSKAMP: That's right.
MAYOR PAYNE: Mr. Darling.
CURTIS DARLING: Ladies and gentlemen. I don't care
what we call it. I don't want it to be an alley. We were
very specific about the easement that was to be retained for our
benefit. And I do call your attention to the absolutely abominable
circumstance existing in that alley right now. And I've called it
to the attention of other people in the City, and I still see it
just like it was. Now I might call your attention to the fact
that when we improved the "K" Street garage at the request of the
City, and Mr. Younger and I spent a great deal of money to add 125
spaces. At our cost we had to fix the dumpster problem with an
enclosure so that the dumpsters do not appear out on the street,
but they're in a position where the City's refuse can pick it up
properly without difficulty at the same time so that we don't
maintain a public nuisance. Now, I call your attention to this
City is possibly not donating the laad in this project, but they
come precious close to it. And other buildings have been built
with private funds, and the City is creating a competing circum-
stance, and we are accepting that on the condition that the right-
of-way be properly maintained. And I do call the City's attention
to the fact that some aggressive e~fort has to be made with pro-
perty owners with this dumpster thing. This is an abominable cir-
cumstance and I don't want it repeated. Thank you.
Bakersfield, California, September 23, 1987 - Page 6
MAYOR PAYNE: We have at least two Councilmembers who
wish to speak at this time, but we are still under the public por-
tion of the hearing. Is there anyone else who wishes to speak in
favor of or in opposition to this particular matter? Anyone who
wishes to speak? Seeing no one, we'll close the public portion of
the hearing and return it to Council for discussion and action.
We'll start with Dr. Ratty.
COUNCILMEMBER RATTY: I'm -- I guess under the impres-
sion that this traffic comes off of Chester, it's a one-way street
going east and then turns north on 17th and empties on 18th. Am I
correct in that it's a one-way operation, is that right --
MAYOR PAYNE: Mr. Pulskamp.
ASSISTANT CITY MANAGER PULSKAMP: Mr. Mayor, Councilman
Ratty, yes.
COUNCILMEMBER RATTY: And there's going to be parking in
the alley -- I hate to use that word -- between Great Western and
Haberfelde Building? Or is it just on the, the, the northern sec-
tion of that thoroughfare?
ASSISTANT CITY MANAGER PULSKAMP: Mr. Mayor, Councilman
Ratty, there will be parking there.
COUNCILMEMBER RATTY: In the alley?
ASSISTANT CITY MANAGER PULSKAMP: Pardon me?
COUNCILMEMBER RATT¥: In the alley on both sides?
ASSISTANT CITY MANAGER PULSKAMP: Yes.
COUNCILMEMBER RATTY: Is there going to be some resolu-
tion to the -- since we're going to make it a thoroughfare or some
type of a traffic area -- to improve the environment and maybe even
rename that alley to something else so that is done? My main con-
cern is, did the Planning Commission address the environment of the
alley between Haberfelde and the Great Western Building? And also
the same problem that might occur along the thoroughfares that
turns north.
ASSISTANT CITY MANAGER PULSKAMP: Mr. Mayor could I ask
Paul Saillcock to answer that question.
MAYOR PAYNE: Yes. Mr. Shillcock. Dr. Ratty it will
still be your floor but we do have a Council request for a five
minute recess immediately after you speak. So I'd like to put it
to a motion. I cannot do that if you make a motion.
COUNCILMEMBER RATTY: I'll make a motion,
MAYOR PAYNE: I mean if you make a motion we have a
motion on the floor and we can't have a recess and there's--
COUNCILMEMBER RATTY: Okay, I won't make one.
MAYOR PAYNE: Okay. Mr. Shillcock.
PRINCIPAL PLANNER SHILLCOCK: Paul Shillcock,
Redevelopment Office, City of Bakersfield. The Planning
Commission in reviewing the change and designation for "K" Street
did not address the problems in the alley. Apparently there was
some confusion when we were discussing alley. That thoroughfare
Bakersfield, California, September 23, 1987 - Page 7
between the Haberfelde and the Great Western Building will not be
addressed as part of the overall development of the City Center
Project. The parking that you asked about now exists on the north
side of the alley, it will remain on the north side of the alley.
know the portion I believe that Dr. Ratty was discussing is west
of that, the existing alley, 17th Place I believe it is called.
Yes, that will not be addressed in any way or treated in anyway as
part of the City Center Project.
COUNCILMEMBER RATTY: Mr. Mayor.
MAYOR PAYNE: Dr. Ratty.
COUNCILMEMBER RATTY: Then, then there will be no
dumpsters or anything like that along the "L" heading north.
PRINCIPAL PLANNER SHILLCOCK: Mr. Mayor, Councilman
Ratty, the section of "K" Street between 17th and 18th is going to
be treated in a way that will try to attract pedestrians into that
area. Extensive landscaping, treatment of the sidewalks and the
last thing the developer wants to do is to bring in anything that
would be unsightly and deter pedestrians from using that way.
COUNCILMEMBER RATTY: It'll just be closed--if I may.
It'll just be closed and, and but open. It's not going to be a
building there, it's gonna be open like the street, but it will
only be pedestrian restricted --
PRINCIPAL PLANNER SHILLCOCK: Correct. It'll be similar
to "L" Street north of 18th which now has angle parking on both
sides of the street and a 25-foot travel lane down the center.
Except that there will be more landscaping.
COUNCILMEMBER RATTY: Okay. I think Mr.--
CURTIS DARLING:
He's not correct.
I'm sorry.
I've got to correct it.
COUNCILMEMBER RATTY: I'll recognize him.
CURTIS DARLING: He's -- he's described it generally,
but, but on the one side of the street--
MAYOR PAYNE: Excuse me, sir.
CURTIS DARLING: I'm sorry.
you, and
yourself.
MAYOR PAYNE: Dr.
he has the floor.
Ratty is more than happy to recognize
But we need you to reidentify
CURTIS DARLING: I'm Curtis Darling. I don't mean to
interrupt. I just think he misdescribed where we are.
MAYOR PAYNE: Okay, go ahead.
CURTIS DARLING: On the path of the one block that we
are closing. They're going to have parking, diagonal, headed
north on both sides of the street. On half a block -- half a
block, there will be parking on the west side of the street, diag-
nal, headed north. On the east side of the street there will be a
parking garage there, and no parking, and a walk-way passage way
with supposedly trees. My main discussion this evening -- I don't
want to prolong this at all -- I just don't want this designated as
an alley. I don't want any possibility it's gonna be a place
where dumpsters and that kind of activity takes place. Thank you.
Bakersfield, California, September 23, 1987 - Page 8
MAYOR PAYNE: Thank you. Dr. Ratty.
COUNCILMEMBER RATTY: Would somebody make that -- would
staff put that down somewhere where we can -- I don't think any-
body objects to that as being done and would staff just confirm
that as putting that on the record. I think that's all we really
need.
MAYOR PAYNE: Mr. Pulskamp is indicating that that is
possible. Mr. Caravalho.
CITY MANAGER CARAVALHO: Mr. Mayor, Mr.--Dr. Ratty. Is
there a problem just making that part of the condition; that it
will be an improved alley with, with attractive trees and just
stick that in the condition.
COUNCILMEMBER RATTY: Would you so do that then and
phrase that?
MAYOR PAYNE: Would that be satisfactory, Mr. Darling.
CURTIS DARLING: Absolutely.
Upon request by Councilmembers, Mayor Payne recessed the
meeting at 9:10 p.m. The meeting reconvened at 9:20 p.m.
City Manager Caravalho stated that the condition would
be a twenty-five foot, permanent, landscaped, attractively maintained
automobile and pedestrian access easement.
Upon a motion by Councilmember Christensen, Resolution
No. 177-87 of the Council of the City of Bakersfield making find-
ings, adopting negative declaration and approving amendment to the
Circulation Component of the Redevelopment Element of the
Bakersfield Metropolitan Area General Plan, was adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, $alvaggio
None
None
Smith, Ratty, Moore,
This is the time set for public hearing
before the Council of the City of
Bakersfield for the owner of real prop-
erty located at 2900 Parkway to show
cause why litter on such premises should
not be found to constitute a public nui-
sance and ordered abated; consideration
of report of Building Director.
Building Director Bidwell made a presentation to Council
and showed slides of the property.
Mayor Payne declared the hearing open for public
participation.
Winston Rust, owner o~ the property at 2900 Parkway,
agreed with the abatement and requested to have some time to clean
the property himself.
No further protests or objections being received, and no
one wishing to speak in favor, Mayor Payne closed the public por-
tion of the hearing for Council deliberation and action.
City Manager Caravalho recommended Council continue the
matter and allow the homeowner to clean his property; staff to
provide a list of things to be done; and subject to the inspection,
come back to Council.
Bakersfield, California, September 23, 1987 - Page 9
191
Upon a motion by Councilmember Dickerson, the slides and
pictures were admitted into evidence.
Councilmember Dickerson made a motion to accept the City
Manager's recommendations to continue the matter and allow the
homeowner to clean his property; staff to provide a list of things
to be done; and subject to the inspection, come back to Council.
Mayor Payne restated Councilmember Dickerson's motion to
delay any action on this matter for a period of one week. This
motion was approved.
REPORTS
Councilmember Ratty, Chairman of the Urban Development
Committee, read Report No. 23-87 regarding Ordinance Regulating
Off-Road Vehicle Use in the Kern River as follows:
The Kern River Plan Element contains policy number 3.1.5
"Off-road vehicle recreation areas shall not be allowed
within the primary or secondary floodway of the river.
Existing areas of off-road vehicle recreational use
shall be phased out and terminated within two years of
the adoption date of this general plan element." The
Kern River Plan was adopted in August, 1985.
The matter of implementing this policy was referred to
the Urban Development Committee by the City Council.
Having worked with this issue for several months, the
committee has developed an ordinance which will imple-
ment this policy. That ordinance is attached to this
report. It makes motor vehicle use within the primary
and secondary floodplains of the Kern River illegal with
some exceptions. These exceptions include areas which
might be designated ~or vehicle use by the City Council,
public employees operating within the scope of their
work, persons operating under permit from the City and
property owners on their own property. The fines for
violation of this ordinance are substantial. They are:
$50 for the first offense, $200 for the second offense
and $500 for the third offense.
Staff has contacted property owners along the river and
they have responded quite favorably to the proposed
ordinance. An environmental review of the ordinance has
been completed and a Negative Declaration is recommended
for it.
It is recommended that the City Council conduct a public
hearing of the ordinance to give property owners, off-
road vehicle users and the general public an opportunity
to comment on the proposed ordinance and authorize the
City Clerk to notice an appropriate hearing date.
Upon a motion by Councilmember Ratty, Report No. 23-87
from the Urban Development Committee was accepted.
Councilmember Ratty made a motion to approve the recom-
mendations within the report and conduct a public hearing.
Councilmember Ratty submitted a letter from Linda
Huffman regarding the Kern River Plan.
Councilmember Ratty made a motion to call for the
question.
192
Bakersfield, California, September 23, 1987 - Page 10
Mayor Payne restated Councilmember Ratty's motion to
implement the recommendations contained in Report No. 23-87 from
the Urban Development Committee. This motion was unanimously
approved.
Councilmember $alvaggio clarified his vote stating that
this is a positive step forward, and this project is consistent
with the Kern River Plan. He stated that the Kern River Parkway
is a tremendous quality of life issue; something to be proud of.
He reiterated support of the ordinance for environmental and lia-
bility reasons, including noise, dust, and safety on the bikepath.
CONSENT CALENDAR
The following Items were listed on the Consent Calendar:
a. Approval of Warrant Nos. 1047 to 1269 inclusive,
in the amount of $733,382.03.
b. Communication from Jack W. Colvard, Director,
Facilities Planning, Kern High School District
withdrawing previous request, dated August 13,
1987, to abandon a portion of the 14th Street
right-of-way. (RECEIVE AND REFER TO PLANNING
DEPARTMENT)
c. Communication from Jay Bingham, Financial Analyst
for Business Development Centers, 1308 Chester
Avenue acting as agent on behalf of Freedom
Enterprises requesting Community Development Block
Grant Funds for the development of a 20-unit apart-
ment complex located at 620 and 700 "T" Street.
(RECEIVE AND REFER TO BUDGET AND FINANCE)
d. Claim for Damages and Personal Injuries from the
following:
Dennis William Kelley, 2725 Ocean Avenue, Ventura;
Danney Robison, 3809 Phaffle Drive;
Loyal Rodney Funk, 6501 Valley View Drive;
Alfred Pietro, 2301 B Street;
James Harold Theys, 3620 Mt. Pinos Way, Suite 7,
Frazier Park;
Barbara Jean Schiffhauer, 5825 Cochran Drive;
Ruth H. and Michae~ O. Marlow, and Emmett Potter,
P.O. Box 358; and
Kenneth Wesley Armstrong, 1100 Valhalla Drive, ~33.
(REFER TO CITY ATTORNEY)
e. Dedication of Properties:
1. Street Right of Way Deed from J. L. Dandy &
Company; James L. Burke and Beverly F. Burke;
and CALSC Co. for additional right-of-way on
Panama Lane between Freeway 99 and South "H"
Street.
Bakersfield, California, September 23, 1987 - Page 11
o
Street Right of Way Deed from Emerald
Properties, Ltd., and Quitclaim Deed from the
City to Emerald Properties, Ltd., located
north of Truxtun Avenue and west of Freeway 99.
Notices of Completion and Acceptance of Work for:
Water Mainline Extension at White Lane and
Buena Vista Road, City Contract No. 87-171,
was completed on August 31, 1987.
Resurface College Avenue between Montello
Street and Valencia Drive, City Contract No.
87-157, was completed on September 11, 1987.
Resurfacing Auburn Street between La Costa
Street to Fairfax and Eissler Stret, City
Contract No. 87-128, was completed on
September 11, 1987.
Construction of Fairfax Road between Paladino
Drive to Alfred Harrell Highway, City Contract
No. 87-90, was completed on September 11, 1987~.
o
Resurface and storm drain on "A" Street be-
tween Brundage Lane and Bank Street, City
Contract No. 87-151, was completed on
September 11, 1987.
Fairfax Road Extension, Improvement Agreement
No. 83-125, Contractor/Developer on said pro-
ject B. L. Dickenson, was completed on
September 11, 1987.
Tract No. 3972, Unit C, located at or near
Akers Road and Pacheco Road, City Contract No.
81-141, was completed on September 11, 1987.
o
Tract No. 4171, located at or near Fairfax
Road and Auburn Street, City Contract No.
80-069, was completed on September 11, 1987.
Tract No. 4662, located at or near University
Avenue and Lancer Drive, City Contract No.
87-35, was completed on September 11, 1987.
10.
Tract No. 7603, located at or near the inter-
section of Brundage Lane and Quantico Avenue,
City Contract No. 85-227, was completed on
September 3, 1987.
11.
~uena Vista Trunk Sewer, City Contract No.
86-20, was completed on August 21, 1987
(excepting work between manholes 78 to 80).
12.
Parcel Map Waiver No. 31-86, located at or
near Arrow Street and Gilmore Avenue, City
Contract No. 87-13, was completed on
September 14, 1987.
i94
Bakersfield, California, September 23, 1987 - Page 12
g. Applications for Encroachment Permit from:
Kern High School District (Bakersfield High
School), 1241 "G" Street, Bakersfield. The
applicant is requesting approval to install a
parking area within City right-of-way.
Parking area would be approaching the City
right-of-way along the south side of 14th
Street, approximately between "D" Street
alignment and "F" Street.
Lupe Rodriguez, 13201 Lynett Way, Bakersfield.
The applicant is requesting approval to
install 2.5 foot high wrought iron fence (no
sharp edges) with brick pillars (12" x 12") in
back of the sidewalk at 13201 Lynett Way.
ho
Grant Deed from U.S. Home Corporation for a parcel
of land at 6701 Pacific Island Drive (Lot #32 of
Tract No. 4930, Unit "A") to be used for a domestic
water well site.
Upon a motion by Councilmember Childs, Items a, b, c, d,
e, f, g and h of the Consent Calendar were adopted by the follow-
ing vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, $alvaggio
None
None
Smith,
Ratty, Moore,
ACTION ON BIDS
Upon a motion by Councilmember Christensen, low bid from
H. A. James Construction in the amount of $177,210.00 for
Construction of Calloway - Farmers Stine Anderson Box Culvert for
Ag Water, was accepted, all other bids rejected, and the Mayor was
authorized to execute Contract No. 87-245.
Upon a motion by Councilmember $alvaggio, low bid from
Bakersfield Concrete Construction in the amount of $32,933.00, for
curb and gutter on Hughes Lane between Fairview Road and
Earlerie Avenue was accepted, the other bid rejected, and the Mayor
was authorized to execute Contract No. 87-247.
Councilmember $alvaggio clarified his vote and thanked
staff, Council, and the Budget and Finance Committee for their
work on this project. He stated that this answers the question,
"What has the City done for you lately?" in a positive way.
Upon a motion by Councilmember Christensen, low bid from
RLW Equipment in the amount of $6,090.00 for twin post auto lift
for Police Garage was accepted and all other bids rejected.
Upon a motion by Councilmember Christensen, the award to
Compu-Byte, Inc., was rescinded and the Finance Director was
authorized to re-bid the computer equipment for Public Works
Department.
Upon a motion by Councilmember Childs, the Finance
Director was authorized to enter into Discount Agreements with
Boynton Brothers Inc., 18th and O Streets, for tire recapping,
Bar M Nursery, 2601 Hosking Road for plants.
and
Councilmember Childs requested discount items be placed
as separate items on the agenda.
Bakersfield, California, September 23, 1987
Page 13
Adoption of Resolution No. 178-87 of the
Council of the City of Bakersfield deter-
mining that an equipment management work
station can be reasonably obtained from
only one vendor and authorizing the
Finance Director to dispense with bidding
therefor.
Upon a motion by Councilmember Christensen, Resolution
No. 178-87 of the Council of the City of Bakersfield was adopted
by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvaggio
None
None
Smith, Ratty, Moore,
Adoption of Resolution No. 179-87 of the
Council of the City of Bakersfield deter-
mining that certain Wastewater Treatment
Equipment can reasonably be obtained from
only one vendor and authorizing the
Finance Director to dispense with bidding
therefor.
Upon a motion by Councilmember Moore, Resolution No.
179-87 Of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvaggio
None
None
Smith,
Ratty, Moore,
DEFERRED BUSINESS
Adoption of Ordinance No. 3120 New Series
of the Council of the City of Bakersfield
amending Section 2.72.130 of the Bakersfield
Municipal Code relating to Nepotism -
Appointment of Spouse or Relatives.
This Ordinance was given first reading at the meeting of
September 16, 1987.
Upon a motion by Councilmember Moore, Ordinance No. 3120
New Series 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,
Adoption of Ordinance No. 3121 New Series
of the Council of the City of Bakersfield
amending Sections 2.92.010, 2.92.090,
2.92.330, repealing Section 2.92.170, and
amending and repealing Section 2.92.100
of the Bakersfield Municipal Code relat-
ing to the Fire Department Relief and
Pension Fund.
This Ordinance was given first reading at the meeting
of September 16, 1987.
196
Bakersfield, California, September 23, 1987 - Page 14
Upon a motion by Councilmember Moore, Ordinance No. 3121
New Series of the Council of the City of Bakersfield was adopted
by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen, Smith,
Dickerson, Salvaggio
None
None
Ratty, Moore,
NEW BUSINESS
Adoption of Resolution No. 180-87 of the
Council of the City of Bakersfield,
California, Providing for the Issuance of
Improvement Bonds, City of Bakersfield
Assessment District 86-2, Series B
(Rancho Laborde).
Upon a motion by Councilmember Ratty, Resolution No.
180-87 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,
Adoption of Resolution No. 181-87 of the
Council of the City of Bakersfield,
California, Awarding Sale of Bonds in the
Matter of City of Bakersfield Assessment
District 86-2, Series B (Rancho Laborde)
Agreement No. 87-222.
Upon a motion by Councilmember Smith, Resolution No.
181-87 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes: Councilmembers
Noes: None
Absent: None
Childs, Christensen,
Dickerson, Salvaggio
Smith, Ratty, Moore,
Adoption of Resolution No. 182-87 of the
Council of the City of Bakersfield
requesting the Board Of Supervisors of
the County of Kern approve the taking of
certain proceedings pursuant to the
Municipal Improvement Act off 1913
(Assessment District No. 87-3).
182-87 of
following
Upon a motion by Councilmember Childs, Resolution No.
the Council of the City of Bakersfield was adopted by the
vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvaggio
None
None
Smith, Ratty, Moore,
Adoption of Resolution of Intention No.
1031 of the Council of the City of
Bakersfield declaring its intention to
order the abandonment of "K" Street bet-
ween l?th Street and 18th Street and
alley in Block 272 in the City of
Bakersfield.
Bakersfield, California, September 23, 1987 - Page 15
Upon a motion by Councilmember Christensen, Resolution
of Intention No. 1031 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvaggio
None
None
Smith,
Ratty, Moore,
Resolution of Intention No. 1032 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of an 11.25 foot strip along a
portion of the west side of "O" Street
northerly of 34th Street in the City of
Bakersfield.
Upon a motion by Councilmember Christensen, Resolution
of Intention No. 1032 of the Council of the City of Bakersfield
was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen, Smith,
Dickerson, Salvaggio
None
None
Ratty, Moore,
Adoption of Emergency Ordinance No. 3122
New Series of the Council of the City of
Bakersfield Adding Chapter 15.76 to Title
15 of the Bakersfield Municipal Code
Relating to Mitigation for Development
Impacts on Endangered Species.
Assistant City Manager Pulskamp stated that staff recom-
mends adoption of the ordinance with the deletion of the following
sentence on Page 15 letter "c," which states, "Payment of such
fees shall not, however, be construed as authorization for any
developer to destroy or relocate any kit fox or occupied kit fox
den without securing approval in advance from the United States
Fish and Wildlife Service."
Chuck Tolfree, 2419 Hasti Acres, representing the
Building Industry Association, spoke in support of the proposed
Ordinance and changes.
Councilmember Dickerson suggested when advisory commit-
tees submit issues to Council, that a transmittal report accompany
the item so Council will understand that all the people are in
agreement with the the issues.
Councilmember Ratty made a motion to approve the Nega-
tive Declaration and adopt the Emergency Ordinance.
Upon a motion by Councilmember Moore, the call for the
question was approved.
Councilmember Ratty's motion to approve the Negative
Declaration and adopt Emergency Ordinance No. 3112 New Series of
the Council of the City of Bakersfield was approved by the fol-
lowing vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith, Ratty, Moore,
Bakersfield, California, September 23, 1987 - Page 16
Councilmember Dickerson clarified his vote stating that
he finds it distasteful to impose fees on individuals or busi-
nesses. He stated the City ought to have mechanisms, if possible,
to reduce the fees if they are beyond what is needed.
Adoption of Resolution No. 183-87 of the
Council of the City of Bakersfield
approving and adopting fee for mitigating
development impacts on Federally and
State protected species within the City
of Bakersfield.
Upon a motion by Councilmember Ratty, the Negative
Declaration was approved and Resolution No. 183-87 of the Council
of the City of Bakersfield was adopted by by the following vote:
Ayes: Counci
Noes: None
Absent: None
lmembers Childs, Christensen,
Dickerson, Salvaggio
Smith, Ratty, Moore,
Adoption of Resolution No. 184-87 of the
Council of the City of Bakersfield
approving the filing of an application
for grant funds from the Community
Parkland Act of 1986 for irrigation
and/or landscaping along the Kern River
Parkway adjacent to Truxtun Avenue.
Upon a motion by Councilmember Salvaggio, Resolution No.
184-87 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, $alvaggio
Noes: None
Absent: None
Smith, Ratty, Moore,
Adoption of Resolution No. 185-87 of the
Council of the City of Bakersfield
approving Amendment to Site Plan Review
Policy requiring all non-residential
developments to pay an assessment to be
applied toward the cost of improvements
benefiting the entire community.
Upon a motion by Councilmember Smith, Resolution No.
185-87 of the Council of the City Of Bakersfield was approved
the following vote: -'
Ayes: Councilmembers Childs, Christensen,
Dickerson, $alvaggio
Noes: None
Absent: None
Smith, Ratty,
by
Moore,
Adoption of Resolution No. 186-87 of the
City Council of the City of Bakersfield
approving and authorizing execution of an
acquisition agreement with Central
District Development Agency for the pur-
pose of acquiring Clarion Hotel Sites.
(Agreement No. 87-230)
Bakersfield, California, September 23, 1987 - Page 17
Upon a motion by Councilmember Moore, Resolution No.
186-87 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvaggio
None
None
Smith, Ratty, Moore,
Approval of Agreement No. 87-224 with
Stradling, Yocca, Carlson and Rauth for
Bond Counsel services in connection with
Assessment District 87-3.
Upon a motion by Councilmember Ratty, Agreement with
Stradling, Yocca, Carlson and Rauth was approved and the Mayor was
authorized to execute Agreement No. 87-224.
Approval of Cooperative Agreement No.
87-225 and Memorandum of Understanding
with the State of California and the City
for modifications and improvements on
Highway 178 at Mr. Vernon Avenue and
Oswell Street. This is part of Off-Site
Improvements Agreement with East
Bakersfield Associates (Hahn and Brock),
for East Hills Mall located south of
State Highway 178 between Oswell Street
and Mt. Vernon Avenue.
Upon a motion by Councilmember Smith, Cooperative
Agreement and Memorandum of Understanding with the State of
California was approved and the Mayor was authorized to execute
Agreement No. 87-225.
Appropriation of additional funds
Oak Street Overpass widening and
strengthening.
for the
Upon a motion by Councilmember Ratty, an additional
$559,750 available in Federal Bridge Replacement Funds and $100,000
available in Community Improvement Funds were appropriated for the
Oak Street Overpass widening and strengthening by the following
vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith,
Ratty, Moore,
Approval of Agreement No. 87-226 with
L.L.M. & Associates, to provide soils and
laboratory testing services for the wid-
ening and strengthening of Oak Street
Overpass at the A.T.& S.F. Railroad Yard.
Upon a motion by Councilmember Ratty, the Agreement with
L.L.M. & Associates was approved; appropriation of $16,000 in
Federal Highway Bridge Replacement Funds was authorized; the use
of funds from the Stockdale Highway Bridge budget for the City's
contribution was authorized; and the Mayor was authorized to execute
Agreement No. 87-226 by the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith,
Ratty, Moore,
20O
Bakersfield, California, September 23, 1987 - Page 18
Approval of Agreement No. 87-229, Amend-
ment to Service Agreement with Carl
Warren and Company for outside claims
administration.
Upon a motion by Councilmember Childs, the Amendment to
Service Agreement with Carl Warren and Company was approved and
the Mayor was authorized to execute Agreement No. 87-229.
Approval of Agreement No. 87-227 with
Russell & Owens to provide surveying ser-
vices for the widening and strengthening
of Oak Street Overpass at the A.T.& S.F.
Railroad Yard.
Upon a motion by Councilmember Ratty, Agreement with
Russell & Owens was approved; the appropriation of $32,000 in
Federal Highway Bridge Replacement Funds was authorized; the use
of funds from the Stockdale Highway Bridge budget for the City's
contribution was authorized; and the Mayor was authorized to exe-
cute Agreement No. 87-227 by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvaggio
None
None
Smith,
Ratty, Moore,
Approval of Agreement No. 87-228, First
Amendment to Agreement No. 86-34, between
the City of Bakersfield and Edward J.
Wilson, dba, Wilson & Associates, for
consulting engineering services.
Upon a motion by Councilmember Childs, Agreement No.
87-228, the First Amendment to Agreement No. 86-34, with Wilson &
Associates for assessment engineering services in Assessment
District No. 86-2 was approved.
Extension of existing City/County/SEEZ
Contract No. 87-48.
Upon a motion by Councilmember Ratty, the extension of
existing City/County/SEEZ Contract No. 87-48 was approved contin-
gent upon the Board of Supervisors taking similar action; and with
approval of the language of a contract amendment by the City
Attorney.
Councilmember Childs clarified his vote stating that
is in support o~ the SEEZ zone, but he does not understand the
need for this action if they haw~ the money.
Increase membership of City Charter Review
Committee from 11 persons to 13 persons.
he
Councilember Moore made a motion to approve the two members
as recommended by Ray Dezember.
Upon a motion by Councilmember Moore, the issue of the
City Charter Review Committee was considered as a matter which
arose after the agenda was prepared.
Councilmember Moore made a motion to approve Arthur
Arvizu and Vernon Strong as nominated by Ray Dezember.
Upon a motion by Councilmember Childs, the call for the
question was approved.
Bakersfield, California, September 23, 1987 - Page 19
Councilmember Moore's motion to approve Arthur Arvizu
and Vernon Strong as members to the City Charter Review Committee,
as nominated by Ray Dezember, was approved.
Due to the resignation of Frank Felero,
a vacancy exists on the Charter Review
Committee.
Upon a motion by Councilmember Moore, the issue of a
vacancy on the Charter Review Committee was considered a matter
which arose after the agenda was prepared.
Upon a motion by Councilmember Moore, the issue of a
vacancy on the Charter Review Committee was referred to the
Charter Review Committee for recommendation of a nominee subject
to ratification by the Council.
COUNCIL STATEMENTS
Ordinance to implement AB 711 (Harmful
Materials).
Councilmember Salvaggio made a motion to direct the
City Attorney's Office to draft a new Ordinance pursuant to the
provisions of AB 711; to be done in a timely manner; and bring baci(
to Council to be in place when AB 711 takes effect on January 1,
1988.
Councilmember Salvaggio made a motion to direct staff to
prepare a resolution urging the Board of Supervisors to enact a
County Ordinance implementing AB 711.
Councilmember Childs made a substitute motion to refer
the Ordinance to the Legislative Committee.
Councilmember Salvaggio amended his motion to direct the
City Attorney's Office to draft an ordinance pursuant to the pro-
visions of AB 711; to be done in a timely manner and bring back to
Council to be in place by January 1, 1988 when the State law goes
into effect; and have the committee continue to work on any of the
needs they see in the community.
Mayor Payne restated Councilmember Childs' substitute
motion to refer the issue to the Legislative Committee for study
and recommendation and report back to Council within one week.
This motion was defeated by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Ratty, Dickerson,
Councilmembers Christensen, Smith, Moore
None
Salvaggio
Councilmember Salvaggio's amended motion to direct the
City Attorney's Office to draft an ordinance pursuant to the pro-
visions of AB 711; to be done in a timely manner and bring back to
Council to be in place by January 1, 1988 when the State law goes
into effect; and have the committee continue to work on any of the
needs they see in the community was approved by the following
vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmembers Christensen, Smith, Ratty, Moore,
Dickerson, Salvaggio
None
None
Councilmember Childs
Bakersfield, California, September 23, 1987 - Page 20
Councilmember Dickerson clarified his vote regarding
Councilmember Childs' substitute motion stating that he misunder-
stood what the Mayor had said and wanted to vote on the main
motion.
Councilmember Salvaggio clarified his vote stating that
he supports the ordinance for the community and county because
they say this soft-core pornography may be protected by the first
amendment and is therefore not illegal and could be progressive.
He believes government does have the responsibility and right to
protect children with legislation such as AB 711.
Councilmember Childs clarified his vote stating that he
is supportive of Councilmember $alvaggio's motion and AB 711, but
he wanted the Legislative Committee to come back with the best
possible ordinance and unanimously pass it without undue discussion.
Upon a motion by Councilmember Salvaggio, staff was
directed to prepare a resolution urging the Board of Supervisors
to adopt a County Ordinance implementing the provisions of AB 711.
Councilmember Childs clarified his vote stating that he
abstained for the same reasons as the previous motion.
City/County Relations.
Councilmember Salvaggio requested the issue of
City/County Relations be deferred to the meeting of September 30,
1988.
Governor's Commission for Chemical Emer-
gency Planning and Response for the
Implementation of Title Three (FARA).
Councilmember Moore read correspondence from Governor
Deukmejian notifying him of his appointment to serve as a member
of the Region V District Committee for the implementation of Title
Three. Councilmember Moore stated he will accept the position
for the implementation of Title Three in which Governor Deukmejian
established a Chemical Emergency Planning and Response Committee
in March, 1987.
Discussion of the need for traffic light
improvement at Planz and Akers Roads.
Councilmember Dickerson requested the issue of traffic
light improvement at Planz and Akers Roads be deferred to the
September 30, 1987, meeting and asked that Public Works Director
Hawley and Traffic Engineer Walker be present.
Mayor Payne presented correspondence from Quinn & Lilly
Mae Morgan regarding garage conversion was referred to staff.
Councilmember Childs presented correspondence from Jack
Roth, 230 S. Montclair, Suite 100, dated August 24, 1987, submit-
ting his resignation to the Citizens Auditorium Committee. He
requested the correspondence be referred to the City Clerk.
Councilmember Childs read correspondence froln NEDA,
the Small Business Development Center, notifying the City Manager
that the City of Bakersfield Community Development Department has
been selected the 1987 Financial Partnership Award.
Bakersfield, California, September 23, 1987
Page 21
Assistant City Attorney Daniel reported that the
Attorney's Office received the results of an appeal which they
filed regarding Kern Tulare Water District vs. the City. He
explained that the case was dismissed in its entirety by the
Federal 9th Circuit Court of Appeals and was a significant victory
for the City.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Christensen, the meeting
adjourned at 11:10 p.m.
MAYOR of the City of Bakersfield,
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
Calif.
rg