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