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HomeMy WebLinkAbout07/15/1987 MINUTES CCBakersfield, California, July 15, 1987 95 Minutes of the Specia! Meeting of the Council of the City of Bakerstield tor the purpose of a Workshop held in the South Annex Basement Conference Room of City Hall at 5:15 p.m., July 15, 1987. The meeting was called to order by Mayor Payne. Present: Mayor Payne. Absent: None Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson (seated at 5:22 p.m.), Salvaggio (seated at 5:24 p.m. HAZARDOUS MATERIALS pending Material Deputy Fire Chief Mike Kelly gave a presentation of legislation on tees and computer program for the Hazardous Program. view o! initial Hazardous Materials Coordinator Ralph Huey gave an over- the formation ot Hazardous Materials Group, the law and results. Battalion Chief Richard Stacey presented a film on Haz- ardous Materials tires and tirerighting training. ADJOURNMENT Tbere being no further business to come betore the Coun- cil, the meeting was adjourned at 6:05 p.m. ATTEST: MAYOR o! the City or' Ba"kerstield, Calit. CITY CLERK and Ex OI'tlcio Clerk ot the Council OF THE City of BaRerstleld, Calt~ornla d~ Bakersfield, California, July 15, 1987 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hail at 7:00 p.m., July 15, 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 Absent: None Payne. Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson, Salvaggio MINUTES Upon a motion by Coune~lme~nber Childs, Minutes of the Regular Meetings of June 8 and 9, 1987, and Special Meeting ot June 17, 1987, were approved. PRESENTATIONS Mayor Payne read a proclamation declaring April 4, 1987, as Coach Ron Parker Day and Coach Bo McNair Day in the City of Bakersfield for their heroic efforts in rescuing victims from a burning building. Fire Chief Needham, assisted by Councilmember Childs, presented Coaches Parker and McNair each with an Eagle Award and a Medal of Honor. plaque ing. Fire Chief Needham presented Phil Roberts with a special for his roll in the rescue of victims from a burning build- Mayor Payne recessed the meeting at 7:16 p.m. The meet- ing was recoavened at 7:25 p.m. PUBLIC STATEMENTS John Tenney, 2321 Christopher Court, spoke in opposit~on to allowing a permit for alcoholic beverages to be sold at the Palladium. Councilmember Childs stated that he and Building Director Bidwell had met with Mary Kemp, 328 Brown Street, who was sched- uled to speak regarding a house improperly built on City property, and he will give a report next week on progress being made. Ben Benton, 2524 Haley Street, spoke regarding the affects of proposed projects on the restoration of the Haberfe~d Building. HEARINGS This is the time set for a public hearing before the Council for hearing report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished, and hearing protests or ob- jections thereto. Mayor Payne declared the protest hearing open for public partic~pat~on. Bakersfield, California, July 15, 1987 Page 2 No protests or objections being received, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Ratty, Resolution No. 131-87 of the Council uS the City of Bakersfield confirming the report of the Building Director regarding assessments of certain properties in the City for demolition uS dangerous buildings and the County Auditor-Controller authorized to place the assessment on the tax rolls was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, This is the time set for Public Hearing for the purpose ot receiving input that identllles "unmet transportation needs that can be reasonably met" within the City of Bakersfield. Mayor Payne declared the hearing open for public par- ticipation. No 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. Upon a motion by Councilmember Moore, Resolution No. 132-87 uS the Council of the City of Bakersfield finding there are no unmet public transportation needs which could Be reasonably met was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith, Dickerson, Salvaggio None None Ratty, Moore, 133-87 filing ments Fiscal Ayes: Noes: ABsent: Upon a motion by Councilmember Moore, Resolution No. of the Council ol the City ot Bakersfield authorizing the of an application with the Kern County Council of Govern- for allocation oi Transportation Development Act funds for Year 1987-88 was adopted by the following vote: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, This is the time set for a public hearing for the purpose of considering an appli- cation by Mosesian Development Corp., to allow a 106-foot high, seven-story office structure where the maximum allowable height is 100 feet and six stories in a C-2 (Commercial) Zone on that certain property commonly known as 1300 17th Street. Mayor Payne declared the hearing open for public participation. No 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. Bakersfield, California, July 15, 1987 - Page 3 Councilmember Childs made cation by Mosesian Development Corp. office structure with the following a motion to approve an appli- to modify a seven-story findings: The granting of this modification will not be materially detrimental to the public welfare nor will it be injurious to prop- erty or improvements in the zone or vici- nity in which the property is located. The granting of such modification is necessary to secure appropriate improve- ment or improvements on the lot or lots. The granting of such modification is not inconsistent with the purposes and in- tent of Title 17 of the Bakersfield Municipal Code. Councilmember Childs' motion was approved by the follow- ing vote: Ayes: Counci Noes: None Absent: None lmembers Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, REPORTS City Manager Caravalho read City Manager Report No. 9-87 regarding Policy Statement Minutes and Transcripts of Council Meetings as follows: At the present time, the Clerk's Office prepares transcipts upon request by Councilmembers. During Fiscal Year 1986-87, there have been 18 requests from Councilmembers for verbatim transcripts at a cost of approximately $1,310.35. Attached is a list of the transcripts made during this fiscal year. You will note some discrepancies in preparation time. Preparing a transcript re- quires the efforts of several staff members; typ- ing, proofing, correcting and copying the document. It has been realized the total time spent preparing transcripts was not always recorded. Therefore, the analysis is a very conservative estimate. Transcripts are time-consuming projects which sig- nificantly aI~ect the overall efficiency of the City Clerg's Oftice. They are usually needed as soon as possible, and, as a result, staff is pulled ott their regular work assignments and required to work overtime. The Clerk's Office has purchased a high-speed dup- licator to copy meeting tapes. This process re- quires a minimal amount of staff time and is rela- tively inexpensive. I recommend Councilmembers ask for copies of meeting tapes when they wish to re- view a meeting. In 1985, the Clerk developed a more "action" style of minutes for Council meetings. This has enabled her to provide m~nutes for Council approval in a more etllcient and t~mely manner wh~le substan- tially reducing the time and cost of preparing the minutes. Bakersfield, California, July 15, 1987 Page 4 99 The Clerk adheres to Municipal Code Section 2.04.120 - Rules of Debate, which allows any Coun- cilmember to request through the presiding officer that his/her comments be included in the minutes. This may be accomplished by stating "for the record" or by making a specific "request." When a Councilmember formally clarifies his/her vote on the Council floor, it ~s automatically included in the minutes. Due to the cost and impact on the Clerk's Office to prepare transcripts and include verbatim comments in the minutes, I recommend that comments be in- eluded in the record when requested on the Council floor and approved by the Council; all requests for transcripts be approved by a City Council Committee: the tapes to be sent out for transcription; and approve the transfer of $1,500.00 from the Council Contingency Fund to Fund No. 011-74500-251 to cover this cost. Upon a motion port No. 9-87 regarding of Council Meetings was mittee. by Councilmember Childs, City Manager Re- Policy Statement - Minutes anO Transcripts referred to the Budget and Finance Com- Councilmember Ratty, Chairman of the Urban Development Committee, read Urban Development Committee Report No. 16-87 re- garding Soil Compaction Problems in Tract 4600 as follows: On May 20, 1987, the City Council referred to the Urban Development Committee the issue of street construction and soil compaction problems along Gorbett Lane and Carvalho Street in Tract 4600. This Committee has met with residents Jn the area, the Developer, and staff, and the problems have been resolved to the satisfaction of all parties subject to the following: All items included in Agreement No. 87-7 be- tween the City, Tenneco, U. S. Home and Johnson and Sons Plumbing have been completed to the satisfaction of the City. 2. Additional items not included in the Agreement have been corrected or are in the process of being corrected. Future calls regarding any concerns within the street right-of-way (sidewalKs, curb and gutter, and paving) should be referred to Rick Ambrose, or Rodney Knight at (805) 326-3049. Problems on private property (driveways and lawns) should be referred to U. S. Home Corpora- tion, attention: Bob Mahan at (805) 835-0430. No further action is required at this time, there- fore, this Committee recommends the City Council accept this report. Upon a motion by Councilmember Ratty, Urban Development Committee Report No. 16-87 was accepted. Bakersfield, California, July 15, 1987 - Page 5 Councilmember Dickerson, Chairman of the Legislative Committee, read Legislative Committee Report No. 5-87 regarding Assembly Bill 711 (Harmful Material) as follows: Assembly Bill 711 would amend Section 313.1 of the Penal Code relating to harmful matter. The Bill would make it possible for cities and/or counties to restrict the display of harmful materials in a public place, other than those places from which minors are excluded. Restricting the display is defined to mean the use of blinder racks in front of the material so that the lower two-thirds of the mater~al is not exposed to view. This bill would strengthen the ability of cities to regulate and control the display of harmful matter so that It IS not visually accessible to minors in public places. Therefore, it is recommended that the Mayor be authorized to send correspondence to the State leg- islature on behalf of the C~ty Council, recommend- ing support for Assembly B~ll 711. Upon a motion by Councilmember Dickerson, Legislative Committee Report No. 5-87 was accepted. Councilmember Dickerson made a motion to authorize the Mayor to send correspondence to the State Legislature on behalf the City Council supporting Assembly Bill 711. Councilmember Moore requested that on the date that Assembly Bill 711 Becomes effective, January 1, 1988, the Council be prepared to implement any local legislation immediately. Councilmember Dickersoh's motion to authorize the Mayor to send correspondence to the State Legislature on behalf of the City Council in support of Assembly Bill 711 was approved. Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 23-87 re- garding request for free usage of the Civic Auditorium as follows: On May 20, 1987, Sonny Scofield appeared before the City Council requesting free usage of the Civic Auditorium to present a variety show for the bene- fit of the Volunteer Center to be presented on June 4, 1987. This request was referred to the Budget and Finance Committee for study and recommendation. This Committee met with staff to discuss this issue. It was determined that because ot costs involved in operating the Auditorium and the fact that Ordinance No. 2.52 provides for groups wishing discount rates, free rental should not be imple- mented. Based on this information, it is the rec- ommendation of this Committee that free rent be denied and further recommends that Ordinance No. 2.52 be adhered to in the future when rental of the Civic Auditorium is requested. Upon a Committee Report Upon a of acceptance of approved. motion by Councilmember Childs, Budget and Finance No. 23-87 was accepted. motion by Councilmember Childs, reconsideratlon Budget and Finance Committee Report No. 23-87 was Bakersfield, California, July 15, 1987 Page 6 Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 23-87 regarding request for free usage of the Civic Auditorium was referred back to the Budget and Finance Com- mittee. Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 24-87 re- garding request for funding of Boy's and Girl's Club of Bakers- field as follows: The Boy's and Girl's Club of Bakersfield had previ- ously requested Community Development Block Grant Funding for land acquisition and property rehabili- tation in the amount of $400,000. Their request was not approved because of prior budget commit- ments to projects in the Baker Street, Lakeview and Southeast Enterprise Zone areas. They are now requesting $30,000 to acquire a vacant lot adjacent to their facility. The property has become available for sale and they desire to pur- chase it at what they feel is a bargain price. This Committee met and considered the Boy's Club's request, but again cannot recommend approval. The City budget has been approved appropriating funds for fiscal year 1987-88. The budget was a hold- the-line budget with minimal increases. Funds in the amount requested cannot be made available with- out taking the money from approved and budgeted projects. We recognize the need [or the services of organiza- tions such as the Boy's and Girl's Club, but are not financially able to provide the requested funding. We suggest that the Boy's Club pursue a purchase option with seller in order to gain time to explore other funding sources. Therefore, it is recommended that the request be denied and that staff De directed to assist the Boy's and Girl's Club of Bakersfield ~n their efforts to find alternative funding sources. Councilmember Childs made a motion to accept Budget and Finance Committee Report No. 24-87. Councilmember Dickerson recommended alternative f~nanc~ng for the Boy's and Girl's field. that staff research Club of Bakers- Councilmember Childs' motion to accept Budget and Finance Committee Report No. 24-87 was approved. Councilmember Childs referred a letter to staff from the Boy's and Girl's Club, dated July 9, 1987, regarding a need for funds to purchase land for their facilities. Upon a motion by Councilmember Childs, recommendations of Budget and Finance Committee Report No. 24-87 were implemented. Councilmember Childs, Chairman of Committee, read Budget and Finance Committee gard~ng Convention Bureau Reorganization as the Budget and Finance Report No. 25-87 re- follows: The Convention Bureau oI Greater Bakersfield pro- poses to reorganize and change its name to the Greater Bakersfield Convention and Visitors Bureau. Th~s is ~n response to the need to further develop the convention and tourism trade in Bakersfield. Bakersfield, California, July 15, 1987 - Page 7 They propose to replace the Bureau Manager with an Executive Director to head an organization of five staff members, whlch will include a Director of Convention Sales, a Director of Visitor Development, a Convention Services Coordinator, a Visitor Ser- vices Coordinator, and a Secretary/Receptionist. The current staff will de absorbed into the new structure and report to the new Executive Director. City staff has met with a sub-committee of the Bureau, the Hotel/Motel Association, and the Cham- ber of Commerce, to discuss this proposal. Staff supports the proposed change in concept, subject to a phased implementation. It is recommended that the proposed compensation for the Executive Director and the division Directors be reduced to a level more comparable to similarly skilled positions in the Bakersfield area. In addition to changes in the structure of the administrative organization of the Bureau, a twelve-member board was proposed. After reviewing the proposed board, staff recommends an eleven- member board made up o~ representatives as follows: (1) City, (1) Transportation, (I) County Parks and Recreation, (1) Civic Auditorium, (1) Downtown Business Association, (1) Kern County Fair, (4) Hotel/Motel Industry, and (1) at large. Full implementation of the proposed reorganization would represent a substantial increase in the per- sonnel and operating budget of the Bureau. There- fore, it is being proposed that the implementation of the planned reorganization be phased over a two to three year period. It is expected that savings from the unfllled marketing position can be used to accomplish the hiring of the Executive Director without significantly affecting the budget. Staff recommends that the remaining changes in the organ- ization be phased-in based on increased revenues. A proposed phase-in plan was submitted to this Committee and accepted by the Bureau. Agreement Number 86-210 between the City of Bakersfield and the Bakersfield Convention Bureau authorized the payment of up to $190,000 to the Bureau for the service of operating a Convention Bureau. The Clty's source of funding for the Bureau has deen revenue from its Transient Occu- pancy Tax (TOT). The City's contribution repre- sents 9% of the total TOT revenue projected to be received during fiscal year 1986-87. These funds represent 73% of the Bureau's total budget. S~nce the C~ty's contribution is tied directly to a percentage of the TOT and represents such a large portion ot the Bureau's budget, ~mple- mentalion of the proposed reorganization will be dependent upon increased revenue from an increase in memberships, contributions from Kern County, and TOT revenue to the City. It is recommended that the contribution to the Bureau be 9% of the pro- jected TOT revenue for F~scal Year 1987-88. Furthermore, using 9% of the projected annual TOT revenue as a base figure, annual contributions to the Bureau should not increase or decrease by more than 15% of the actual contract expenditures during the preceding contract year. A proposed budget will be prepared that reflects the concerns and recommendations contained in this report. Bakersfield, California, July 15, 1987 - Page 8 Therefore, it is recommended that the City Manager be authorized to prepare and execute a new agree- ment for Fiscal Year 1987-88, between the City of Bakersfield and the Greater Bakersfield Convention and Visitors Bureau implementing the recommendations referenced in this report. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 25-87 was accepted. President lows: Councilmember Childs read communication from Ted Velguth, of the Convention Bureau, dated July 14, 1987, as tel- The Convention Bureau Board of Directors has imple- mented the name change. The Bureau has also adopt- ed the concept of an Executive Director and the new organizational chart, which has absorbed the current start into the new structure. The appointment of an Interim Director has been delayed until such time as the budget has been approved by Council and the funding is available. The recommendations of the change in the making of the Board of Directors of the Bureau have been discussed by the Executive Board and there was considerable concern regarding this matter. It was recommended that prior to agreement of this concept, that the Budget and Finance Committee meet with the Executive Board ot the Bureau to further discuss this. Upon a motion by Councilmember Salvaggio, Convention Bureau President Velguth was allowed to speak regarding issues Budget and Finance Committee Report No. 25-87. Upon a motion by Councilmember Childs, discussion on Budget and Finance Committee Report No. 25-87 was continued. Councilmember Moore requested that City Manager Carava[he attend the July 16, 1987, Convention Bureau Board el Directors meeting. Councilmember Childs made a motion to implement the rec- ommendations of Budget and Finance Committee Report No. 25-87 re- garding the Convention Bureau Reorganization and that City Manager Caravalho attend the July 16, 1987, Convention Bureau Board or Directors meeting to facilitate understanding. Upon a motion by Councilmember Childs, the call for the question was approved. Councilmember Childs' motion to implement the recommen- dations in Budget and Finance Committee Report No. 25-87 was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Moore, Councilmembers Christensen, Salvaggio None Dickerson CONSENT CALENDAR a. Approval of Warrant Nos. 9611 to 9926 inclusive, in the amount of $635,071.89. Communication from Mid State Development Corp., P.O. Box 302, dated June 25, 1987, submitting Feas~bility Study for an Incubator Program and requesting approval to proceed with the Business Plan. (RECEIVE AND REFER TO THE BUDGET AND FINANCE COMMITTEE) 104 Bakersfield, California, July 15, 1987 - Page 9 Communication from Milazzo & Associates, 3300 Truxtun Avenue, Suite 300, dated June 26, 1987, requesting Council waive the vehicle non-access rights for Tentative Tract Map Lot A, Parcel Map 8355. (RECEIVE AND REFER TO THE PLANNING COMMISSION FOR STUDY AND RECOM- MENDATION) Communication from the City of Paramount, California, 16400 Colorado Avenue, dated June 26, 1987, requesting support of SB 800 (Dills) regarding Swap Meet Sales Tax Collection. (RECEIVE AND REFER TO LEGISLATIVE COMMITTEE) Communication from The Reynolds Environmental Group, 3196-J Airport Loop, Costa Mesa, dated June 15, 1987, regarding bond financing for improvements in Assessment District No. 86-2 (Rancho Laborde). (RECEIVE AND REFER TO URBAN DEVELOPMENT COMMITTEE). f. Claim for Damages and Personal Injuries from the following: Cheryl Baylock for Shannon Weeks, 4413 Keith Way; Mary Jo Ricedmini, Route 1, Box 84-B, Button- willow; Kenneth James Bolivar, A 14 Sunset Lane, Santa Paula; Mabel Pardee, 1309 Lake Street; Alice Jean Ellis, 804 Melwood; Anthony Clno Wiley, 133 Clyde Street; and Elmer Royce Holden, 3801 Alum Avenue. (REFER TO CITY ATTORNEY) g. Dedication of Properties: 1) Street Right Vaughn, Sr. Highway West of Way Deed from Wayne L. for a portion of Stockdale of Allen Road. 2) Road Easement from Tenneco Realty Development Corporation for a portlon of Mt. Vernon Avenue south of Highway 58. h. Maps and Improvement Contract/Agreement: 1) Improvement Contract for construction of curD, gutter, sidewalk and street paving along the north side of Rosedale Highway adjacent to the proposed Days Inn Hotel (DAYS BAKERSFIELD LIMITED PARTNERSHIP). 2) Improvement Agreement for Parcel Map No. 8383 for two parcels on 9.468 acres located at the southwest corner of Mexical{ Dr{ve and White Lane (TENNECO REALTY DEVELOPMENT CORPORATION). Bakersfield, California, July 15, 1987 - Page 10 i. Notices of Completion and Acceptance of Work for the following projects: 1) Tract No. 4241, located at or near the intersection of Wlble Road and Pacheco Road, Contract No. 86-97, was completed on July 2, 1987. 2) Resurfacing Gosford Road from Westwold Drive to Ming Avenue, Contract No. 87-44, was completed on June 29, 1987. 3) 4) Truxtun Avenue Underpass Erosion Control and Irrigation System, Contract No. 87-15, was completed on July 1, 1987. Construction of a storm drain on Los Cameros Place Irom Mesa Grande Street to 250' West, Contract No. 87-113, was completed on June 30, 1987. j. Applications for Encroachment Permit from the lollowing: 1) Delois Gaston, 1005 Gena Maria Court. The applicant is requesting approval for in- stalling 3-1/2 ft. wrought iron fence and pillars in back of the sidewalk in front ot 1005 Gena Maria Court. 2) Kevin Peaker, 6505 Terrebonne Court. The applicant is requesting approval for relo- cating a 6 ft. redwood fence to back of the sidewalk along east s~de of Hardin Way at 6505 Terrebonne Court. 3) Dennis B. Wilson, 1417 Vanderbilt Drive. The applicant is requesting approval for installing 6' re0wooO fence in back ot the future sidewalk along Haley Street at 1417 Vanderbilt Drive. k. Contract Change Order Nos. 19, 39 and 44, Union Avenue Overhead, Contract No. 85-250. Upon a motion by Councilmember Childs, Items a, b, c, e, t, g, h, i, j and k of the Consent Calendar were approved by the following vote: Ayes: Councilmembers Childs, Dickerson, Salvaggto Noes: None Absent: None Christensen, Smith, Ratty, Moore, ACTION ON BIDS Upon a motion by Councilmember Ratty, low bid from Kern County Construction, Inc., in the amount of $24,243.00 for a Con- crete Block Pumphouse for Ashe Water Well No. 10 was accepted, all other bids rejected and the Mayor authorized to execute the con- tract. Upon a mot]on by Councilmember Moore, low bid from Kern County Construction, Inc., in the amount of $26,173.00 for a Con- crete Block Pumphouse for Ashe Water Well No. 16 was accepted, all other bids rejected and the Mayor authorized to execute the con- tract. i06 Bakersfield, California, July 15, 1987 Page 11 Upon a motion by Councilmember Childs, low bids from San Joaquin Supply for $3,695.32 (38 items), Nu-Ease Inc. for $5,579.72 (28 items), National Sanitary Supply for $1,973.50 (23 items), for Annual Contract for Janitorial Suppries were accepted, all other bids rejected and the Mayor authorized to execute the contracts. Upon a motion by Councilmember Christensen, the amount of sump excavation was decreased from the proposed 16,980 cubic yards to 15,495 cubic yards, low unit bid including Alternate "A" of J. L. Denio, Inc., in the amount of $56,445.89 for construction of Brentwood Drainage Basin near the intersection of Brentwood Drive and Niles Street was accepted, all other bids rejected and the Mayor authorized to execute the Contract. Upon a motion by Councilmember Christensen, Resolution No. 134-87 of the Council of the City of Bakersfield determining that certain concession stand equipment can be reasonably obtained through only one source and authorizing the Finance Director to dispense with bidding was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, DEFERRED BUSINESS Ordinance No. 3106 New Series of the Council of the City of Bakersfield Amending Sections 8.32.010 B. and C., 8.32.020 E., 8.32.030, 8.32.070 A. and B., 8.32.090 A., and 8.32.100, and repealing 8.32.040, 8.32.050, 8.32.060, and 8.32.080 of the Bakers- field Municipal Code relating to refuse. This Ordinance was given first reading at the meeting of June 17, 1987. Upon a motion by Councilmember Childs Ordinance No. 3106 New Ser~es of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Moore, Salvaggio Councilmembers Christensen, Dickerson None Councilmember Christensen clarified his vote, stating that in keeping the wishes of the President and Governor and elected State legislators, he is interested in holding taxes and fees down. Councilmember Salvaggio clarified his vote, stating that he supported Ordinance No. 3106 because his understanding was that it was basically a housekeeping Ordinance and does not raise refuse fees. Councilmember Dickerson clarified his vote, stating that he is not impressed w~th the way the fee system was set up. Ordinance No. 3107 New Series of the Council ot the C~ty of Bakersfield establishing Sewer User Charges and Fees for F~scal Year 1987-88. This Ordinance was given first reading at the meeting of June 17, 1987. Bakersfield, California, July 15, 1987 - Page 12 !07 Upon a motion by Councilmember New Series of the Council of the City of by the following vote: Ratty, Ordinance No. 3107 Bakersfield was adopted Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Saivaggio None None Smith, Ratty, Moore, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Sections 16.20.060 an0 16.22.030B. ot the Bakersfield Muni- cipal Code Relating to Certificates Required with Final Maps. First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the southeast corner of State Highway 178 and Miramonte Drive. Zoning Resolution No. 345 o[ the Council of the City of Bakersfield denying, with conditions, the Appeal by Donald Kurtz, from the decision of the Board of Zoning Adjustment, approving the application of Milazzo and Associates for a Conditional Use Permit in an M-1-D (Light Manufactur- ing-Architectural Design) Zone to allow a race track complex for remote controlled model cars on that certain property com- monly known as 7401 White Lane. Upon a motion by Councilmember Ratty, Zoning Resolution No. 345 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Salvaggio Councilmember Christensen None Ratty, Moore, Dickerson, Zoning Resolution No. 346 of the Council of the City of Bakersfield, granting, with conditions, the Appeal by Field Development Company from the decision of the Board ot Zoning Adjustment, denying the request to permit the waiving of the masonry wall requirement adjacent to the parking area along the north property line on that certain property commonly known as 3401 Actis Street. Upon a motion by Councilmember Dickerson, Zoning tion No. 346 of the Council of the City of Bakersfield was by the following vote: Resolu- adopted Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Bakersfield, California, July 15, 1987 Page 13 Zoning Resolution No. 347 of the Council of the City of Bakersfield granting, with conditions, the Appeal of Robert Under- wood, from the decision of the Board of Zoning Adjustment denying his application for a Conditional Use Permit in a C-2-D (Commercial-Architectural Design) Zone to allow the serving of beer and wine in conjunction with special activities planned for the building, i.e., ballroom dancing, receptions, banquets, etc., on that certain property commonly known as 2200 Wlble Road. Councilmember Christensen made a statement for the re- cord as follows: It's amazing that an ex-Councilman would lobby for an ex-felon who, with recent arrests for drunk driving, two arrests in the month of December, and it's sad, I feel, that a City Councilman candidate who's running for this office would be pressuring residents to compromise their rights away with a known ~elon and help keep sales of alcohol at his place and business. Councilmember Childs made a motion to adopt Zoning Resolution No. 347. Upon a request by Counci]me~nber Dickerson, Police Chief of Operations Anderson provided Council with an update of an assault and battery incident at 2200 Wlble Road. Upon a motion by Councilmember Rally, the call for the question was approved. Councilmember Childs' motion to adopt Zoning Reso- lution No. 347 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Rally, Moore, Councilmembers Christensen, Dickerson, Salvaggio None Councilmember Salvaggio clarified his vote, stating he feels the homeowners in the area of the Palladium were confused because some of the same people who signed the compromise also signed petitions against the beer and wine license. He does not believe that the proposed use is essential or desirable at the Palladium location and he is concern-ed that one of the conditions that was agreed upon, that a security guard is to be provided, is adequate prevention of criminal activity. Councilmember Childs clarified his vote, stating that it was mentioned twice that the residents were confused, signing different petitions, but that is not unusual. One reason he voted for Zoning Resolution No. 347 is that he has observed conflicts at baseball games between parents of play- ers and that kind of situation is possible anywhere. Councilmember Dickerson clarified his vote, stating that in the type of setting that exists at the Palladium, appropriate supervision is necessary and he feels there is a lack of supervision and the Council has not taken the proper role in monitoring that supervision. He also stated that the process the Council has gone through with Zoning Resolu- tion No. 347 has been changed by events, and he has consis- tently held to the position of voting against Zoning Resolu- tion No. 347, and he feels his position has been verified by the conduct and events that have occurred at the Palladium. Bakersfield, California, July 15, 1987 Page 14 Subdivision Resolution No. 8 of the Council of the City of Bakersfield granting in part the appeal by De~Talt- Porter Engineering from Planning Com- mission decision regarding Condition Nos. 2, 4, 5, 7, 8 and 10 on Tentative Parcel Map No. 8362 affecting those certain properties located on both sides of Highway 178 approximately one mile west of Comanche Road. Upon Resolution No. was adopted by a motion by Councilmember Smith, 8 of the Council of the City of the following vote: Subdivision Bakersfield Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Resolution No. 135-87 of the Council of the City of Bakersfield providing for the Collection of Refuse Charges by the County Tax Collector. Upon a motion 135-87 of the Council of the following vote: by Councilmember Smith, Resolution No. the City of Bakersfield was adopted by Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio Councilmember Dickerson None Smith, Ratty, Moore, 136-87 of vote: Resolution No. 136-87 of the Council of the City of Bakersfield providing for the Collection of Sewer Charges by the County Tax Collector. Upon a motion by Councilmember Ratty, Resolution No. the City of Bakersfield was adopted by the following Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio Councilmember D~ckerson None Smith, Ratty, Moore, Resolution No. 137-87 of the Council of the City of Bakersfield approving the des~gnation of street names and addresses in Tract 3952 (Sunrise Estates) in the City of Bakersfield. Upon a motion 137-87 of the Council of the following vote: by Councilmember Childs, Resolution No. the City of Bakersfield was adopted by Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Bakersfield, California, July 15, 1987 - Page 15 Agreement, Street Right of Way Deed and Storm Drain Easement with California Water Service for the construction of street improvements for Pacheco Road between Stine Road and Akers Road. Upon a motion by Councilmember Dickerson, the Street Right of Way Deed and Storm Drain Easement with California Water Service was approved and the Mayor authorized to execute the Agreement. Lease Agreement with the Bakersfield Art Foundation for the Operation and Manage- ment of the Cunningham Art Gallery. Upon a motion by Councilmember Childs, the Lease Agree- ment with the Bakersfield Art Foundation was approved and the Mayor authorized to execute the Agreement. Deed or Reconveyance for petty of Victori Wines, repayment of $330,000.00 Block Grant Loan. Lien on Pro- Inc., due to Deferred Upon a motion by Councilmember Childs, the Deed of Re- conveyance for Lien on property of Victorl Wines, Inc., was approved and the Mayor authorized to execute the Deed. California Airport Loan Agreement to Cover ten percent local match of FAA $1,000,000.00 Grant. Upon a motion by Councilmember Salvaggio, the applica- tion for California Airport Matching Funds Loan for $111,111.00 was approved and staff directed to submit application to DOT- Aeronautics. FAA Grant Assurances - AIP 3-06-0323-04 Airport Improvmnent Program Fund of $1,000,000.00. Upon a motion by Councilmember Salvaggio, FAA Grant Assurance - AIP 3-06-0323-04 Airport Improvement Program Fund of $1,000,000.00 was accepted and the Mayor authorized to approve. Sale of two Surplus Police Motorcycles to the City of Paso Robles for $2,000.00. Upon a motion by Councilmember Christensen, the sale two surplus Police motorcycles to the City of Paso Robles was approved. of One Vacancy on the Historic Preservation Commission, due to the resignation of Anthony Cueto, expires March 30, 1988. (Ward 6) Upon vacancy on the the meeting of Councilmember Dickerson's request the matter of a Historic Preservation Commission was deferred to July 29, 1987. One Vacancy on the Board of Building Appeals. Upon a motion by Councilmember Childs, John R. Urbina was appointed to the Board of Building Appeals. Bakersfield, California, July 15, 1987 Page 16 111 COUNCIL STATEMENTS Discussion of Networking Session for Council, Mayor, City Manager and City Attorney. Councilmember Dickerson stated communication has been received from Kern County City Manager's Association, dated July 8, 1987, announcing a City Manager Team Development Workshop for Mayors, City Managers and Councilmembers, Friday and Saturday, August 21 and 22, 1987, at Rio Bravo. Councilmember attend the City Manager 22, 1987, at Rio Bravo, Clio Dickerson recommended that Council either Team Development Workshop on August 21 and or set up a private seminar for the Coun- Upon a motion by Councilmember Dickerson, since the Kern County City Manager's Association has a City Manager Team Develop- ment Workshop set up, August 21 and 22, 1987, at Rio Bravo, Bakers-. field Mayor, Manager and Councilmembers will participate. Councilmember Dickerson clarified his vote, stating that he feels this is an initial start, or can be, and he feels it would be appropriate. This workshop is already set up and may be a way to benefit the Council. His hope is that the Council and manage- ment would take a serious look at ~t and see if some help and growth can be gleaned. Upon a request from City Attorney Oberholzer, Mayor Payne announced the result of the vote on Mr. Dickerson's motion for Council to attend the City Manager Team Development Workshop as six ayes and one no, by Councilmember Ratty. Due to confusion regarding the vote, Mayor Payne re- quested Councilmember Dickerson restate his motion and Council take a roll call vote. Mayor Payne restated Councilmember Dickersoh's motion, to approve attendance at the workshop for the 21st and 22nd of August at Rio Bravo, or to establish the Councll's own workshop. Councilmember Dickerson restated his motion, that Council attend the City Manager Team Development Workshop, August 21 and 22, 1987, at Rio Bravo. This motion was approved by the following vote: Ayes: Councilmembers Childs, Christensen, Noes: Councilmembers Smith, Ratty, Moore Absent: None Dickerson, Salvaggio Councilmember Dickerson clarified his vote, stating he can understand the reluctance of some of the Councilmembers, but he feels it is never too late to gain a better understanding of humanity. He stated his understanding that with the workshop being held at Rio Bravo, overnight lodging will not be necessary. Council representative to C.T.S.A./ Senior Center Transportation Policy Board. Councilmember Moore stated his interest the Council representative to the C.T.S.A./Senior tation Policy Board. in serving as Center Transpor- Upon a motion by Councilmember Childs, Councilmember Moore was appointed as the City Council representative to the C.T.S.A./Senior Center Transportation Policy Board. 112 Bakersfield, California, July 15, 1987 Page 17 Councilme~nber Childs gave a brief update on the GET/ Valley Plaza Committee, commending GET Director Steve Ruggenberg, Valley Plaza Director Peter Ramirez and Public Work Director Dale Hawley for their work. ence he merce. Councilmember Childs gave a brief report on the confer- attended which was sponsored by the Black Chamber of Com- Councilmember Salvaggio made a statement regarding City/ County sewer usage problems and recommended the City and County work out an agreement with the following stipulations to be con- sidered by the Urban Development Committee and staff: The City would agree to provide sewer service via Treatment Plant No. 3 to the already developed areas in CSA 71 without requiring annexation. The County would agree, in connection with the 2010 General Plan update, that any further new development in the City's Sphere of Influence would not occur or be approved unless those undeveloped areas are annexed to the City, and those rural areas outside the City's Sphere of Influence would only be allowed to develop according to rural standards rather than residential and commercial standards. Councilmember Ratty gave an update regarding the sewer usage issue. Mayor Payne submitted a letter from the law offices of Thomas J. Anton, 1715 Chester Avenue, dated July 15, 1987, to the City Clerk regarding a proposed addition to Stockdale Village Shopping Center. The City Clerk is to provide copies to Council- member Ratty and Acting City Planning Director Hardisty. Mayor Payne submitted to the City Attorney communication from Mr. Wellington Y. Kwan, Inc., 1200 Wilshire Blvd, Suite 300, dated July 9, 1987, relative to properties at 323, 327, 331 and 335 Lakeview Avenue. Councilmember Moore commended Councilmember Ratty and the Urban Development Committee for their efforts in the sewer usage issue. Councilmember Moore commended Councilmember Childs for his interest and participation in the Kern Council of Governments. Councilmember Salvaggio expressed concern regarding availability of tickets for Councilmembers to the Chamber of Com- merce State of the City luncheon on July 16, 1987. CLOSED SESSION Upon a motion by Councilmember Christensen, Council re- cessed to Closed Session at 10:16 p.m. pursuant to Government Code Section 54956.8 to consider the Purchase of Real Property located at 410 E. Planz Road owned by Mr. Victor Tkac; Pursuant to Government Code Section 54956.9(a) regarding Bruce Cravins vs. City of Bakerst~eld; Pursuant to Government Code Section 54956.9(a) regarding Kern Delta Water District rs. City of Bakersfield; Bakersfield, California, July 15, 1987 - Page 18 Pursuant to Government Code Section 54956.9(a) regarding Terry L. Moreland vs. City of Bakersfield; and Pursuant to Government Code Section 54956.9 (a) regard- ing Sand Creek vs. City of Bakersfield. ADJOURNMENT There being no further business to come before the Coun- cil, upon a motion by Councilmember Christensen, the meeting ad- journed at 1:00 a.m. ATTEST: MAYOR o! the City of Bak~'rst'ield, Calif. CITY CLERK anti Ex Officio Clert( o~ the Council OF THE City of Bakerslleld, CalI'lornia df