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HomeMy WebLinkAbout08/20/1986 MINUTES CCBakersfield, California, August 20, 1986 Minutes of the Special Meeting of the Council of tile City of Bakersfield, California, for a Joint Public Hearing regarding the City Center Commercial Office Building, with the Bakersfield Redevelopment Agency, held in the Council Chambers of City Hall at 5:05 p.m., August 20, 1986. The Special Meeting was called to order by Mayor Payne. The City Clerk called the roll as follows: Present: Mayor Payne. Council and Agency Members Childs, Christensen, Moore, Salvaggio, Smith Absent: Council and Agency Members Dickerson, Ratty Mayor Payne provided introductory remarks outlining the format for the Joint Public Hearing. CORRESPONDENCE Upon a motion by Councilmember Childs, communication from Robert N. Eddy, A.I.A., representing BFGC, Inc., 31 South Real Road, dated August 15, 1986, relating their desire to reha- bilitate the Haberfelde Building and requesting authorization to proceed with the schematic plans and economic feasibility studies was received and placed on file. STAFF REPORTS sentation location, Economic Development Director Kennon made a brief pre- of the City Center Project, environmental impacts, site and proposed parking for the project. Agency Financial Consultant Ca] Hollis, of Katz, Hollis, Coren & Associates, provided a brief summary of the basic terms of the Disposition and Development Agreement for the City Center Project, pursuant to Section 33433 of the California Community Redevelopment Law. PUBLIC TESTIMONY Mayor Payne declared the hearing open for public par- ticipation regarding the City Center Project. No protests or objections being received, and no one wishing to speak in favor, the Mayor closed the public portion of the hearing for Council deliberation and ation. COUNCIL AND AGENCY ACTIONS Proposed Negative Declaration for the City Center Office Development Project. Upon a motion by Council proposed Negative Declaration for Development Project was adopted by and Agency Member Childs, the the City Center Office the following roll call vote: Ayes: Noes: Absent: Agency Members: Moore, Salvaggio, Christensen None Agency Members Dickerson, Ratty Smith, Childs, The City Clerk called the roll of the Council as follows: Ayes: Noes: Absent: Councilmembers Moore, Salvaggio, Christensen None Councilmembers Dickerson, Ratty Smith, Childs, Bakersfield, California, August 20, 1986 - Page 2 Adoption of Resolution No. 5-86 of the Bakersfield Redevelopment Agency approving and authorizing the execution of the Participation Agreement between the Bakersfield Redevelopment Agency and MosesJan Development Corporation and Beardslee Development Corporation. Upon a motion by Agency Member Moore, Resolution No. 5-86 of the Bakersfield Redevelopment Agency was adopted by the following roll call vote: Ayes: Agency Members: Moore, Salvaggio, Smith, Childs, Christensen Noes: None Absent: Agency Members Dickerson, Ratty Adoption of Resolution No. 126-86 of the City Council of the City of Bakersfield approving and authorizing the execution of the Participation Agreement between the Bakersfield Redevelopment Agency and Mosesian Development Corporation and Beardslee Development Corporation. Upon a motion by Councilmember Smith, Resolution No. 126-86 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Moore, Salvaggio, Smith, Childs, Christensen Noes: None Absent: Councilmembers Dickerson, Ratty Upon a motion by Council and Agency Member Christensen, an additional 100 parking spaces was added, as proposed in the City Center Disposition and Development Agreement, to the parking structure of the City Center Project, by the following roll call vote Ayes Noes: Absent: Agency Members Moore, Salvaggio, Christensen None Agency Members Dickerson, Ratty Smith, Childs, The City Clerk called the roll of the Council as follows: Ayes: Noes: Absent: Councilmembers Moore, Salvaggio, Christensen None Councilmembers Dickerson, Ratty Smith, Childs, ADJOURNMENT There being no further business to come before the Council, Mayor Payne adjourned the City Council at 5:32 p.m. MAYOR of the City of Baker~ield, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Calif. rg Bakersfield, California, August 20, 1986 Minutes of the regular meeting City of Bakersfield, California, held in City Hall at 7:00 p.m., August 20, 1986. of the Council of the the Council Chambers of The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Steve Kaay of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmembers Ratty, Salvaggio, Smith, Childs, Christensen, Moore Absent: Councilmember Dickerson MINUTES Upon a motion by Councilmember Moore, the Minutes of the Regular Meeting of July 30, 1986, were approved as presented. CORRESPONDENCE Upon a motion by Councilmember Christensen, communication from Brenda Bosley, President of the East Bakersfield Business Association, dated August 11, 1986, supporting the proposed Litter Ordinance, was received and placed on file. Upon a motion by Councilmember Christensen, communication from Greater Bakersfield Chamber of Commerce, 1000 Truxtun Avenue, Suite C, dated August 12, 1986, supporting the proposed Litter, Handbill, Weeds and Debris Ordinance, was received and placed on file. REPORTS Report of the Council of the City of Bakersfield concern- ing Emergency Ordinance No. 3060 New Series, dated August 20, 1986. The City Council, on July 16, 1986, adopted Emergency Ordinance No. 3060 New Series which requires businesses occupying in excess of 4,000 square feet of any structure, serving alcoholic beverages on premises and providing live entertain- ment, amplified music, or permitting dancing, and located within 500 feet of residentia]ly zoned pro- perty to obtain a Conditional Use Permit. That Ordinance expires on August 30, 1986 and Section 65858(d) of the California Government Code requires that ten days prior to the expiration of an interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Ordinance. Bars regardless of their type, size and proximity to residential neighborhoods were allowed in the C-2 (Commercial) Zone without City review and approval to take those factors into consideration. The public has demanded that the open endedness of that condition be regulated. To alleviate this condition, the City Council has adopted Emergency Ordinance No. 3060. The Planning Commission has opened public hearings on the adoption of an ordi- nance such as Ordinance No. 3060. The Planning Commission is also reviewing State regulations of bars and focusing on specific problems resulting from residences and bars being in close proximity. The City Council has a public hearing scheduled for August 27, 1986 to determine if the Emergency Bakersfield, California, August 20, 1986 - Page 2 Ordinance should be extended while the Planning Commission and City Council continue their review of this matter. Upon a motion by Councilmember Salvaggio, the Report from the Council of the City of Bakersfield concerning Emergency Ordinance No. 3060 New Series, was adopted, the Mayor was authorized to sign, and the City Clerk authorized to post. City Manager Caravalho indicated that the following City Manager Report No. 18-86, regarding Clarification of Staff Role, is in response to a request by Councilmember Childs. This report responds to Council's request of August 13, 1986, regarding the relationship between staff and individual Councilmembers. The request dealt with attendance at meetings, direct involvement in staff projects, projecting a positive image, and fostering the most productive relationship between Council and staff. In order to address these issues, the City Council may want to discuss the following procedures: 1. Individual Councilmembers will not be involved in the normal managerial activities of the City, such as meetings, preparation of reports and assignments given to the staff by the Council, unless approved in advance by a majority of the City Council. It is understood that individual Councilmembers have certain concerns and interests. My job is to serve the interests of the whole Council. Individual Councilmember interests will, therefore, necessarily take a different priority than the direction given to staff by the majority of the Councilo I will, however, continue to be as helpful to individual Councilmembers as possible. 2. When a Councilmember has a grievance or concern, I would appreciate it if I would be informed priva- tely and that staff and I be given a chance to resolve the issue. If we fail to do so in a reaso- nable time, then it is fair to mention the issue in public. If there is a problem with individual staff members who have been assigned to certain projects or to staff who are assigned to committees, Councilmembers should express their concerns directly with me. Handling problems with staff is an inherent part of the role of the City Manager. 3. In order to provide the Council with proper ana- lysis and recommendation of issues, I request staff not be placed in the position of having to respond off the cuff to requests on non-agenda items raised by Councilmembers or citizens at public meetings. These procedures are consistent with existing admi- nistrative policy regarding management support and communication given to the Council on March 13, 1986. These procedures provide additional clarification so staff may more effectively serve the needs of the Council. I would welcome the opportunity to discuss this at the Council meeting or at your convenience. Councilmember Christensen made a motion to delay action on this Report for one week until there is a full Council. Councilmember Christensen's motion to call for the question was defeated. Bakersfie]d, California, August 20, 1986 Page 3 Upon a motion by Councilmember Childs, discussion on this issue was allowed to continue. Upon a motion by Councilmember Childs, the call for the question was approved. Councilmember Christensen's motion to delay action on City Manager Report No. 18-86 regarding Clarification of Staff Roll for one week, until there is a full Council, was unanimously approved. Councilmember Salvaggio clarified his yes vote stating that not once did he ever speak for the Council. He stated the meetings were of such importance, regarding the public health hazard in his Ward, that he seized the initiative because that is what he felt needed to be done as an elected official. Councilmember Christensen clarified his yes vote stating that he works very closely with staff members, and the only ones he becomes a little hostile towards is the top management, and it's usually because of the failure to carry out commitments. CONSENT CALENDAR The following items were listed on the Consent Calendar: ao Approval of Warrant Nos. 443 to 614 inclusive, in the amount of $521,254.03. b. Claims for Damages and Personal Injuries from the following: 1. Analisa Epperson, 4304 Spaulding Court; 2. Arnette Terrell, 3701 "Q" Street, Apt. 4; 3. David Alan Edwards, 3808 Sue Lin Way; 4. Janet Purvis, et. al., 3212 Renegade Avenue; 5. Rufus Reeves, 335 Tamarack, Inglewood~ and 6. Mae Wilkerson, 801 Deanna Way. (REFER TO CITY ATTORNEY) Sewer Line Easements from Tenneco Realty Development Corporation to the City of Bakersfield for the Buena Vista Sewer Trunk System. Program Supplement No. 27 to Local Agency-State Master Agreement between the State of California and the City of Bakersfield for resurfacing of 18th Street from "F" Street to Union Avenue. Program Supplement Nos. 28 and 29 to Local Agency-State Master Agreement No. 06-5109 between the State of California and the City of Bakersfield covering railroad grade cross- ing protection on Potomac Avenue and Virginia Avenue at the Southern Pacific Transportation Company tracks. Approval of Plans and Specifications for reroofing the Radio Communications Center the Martin Luther King Facility. and Bakersfield, California, August 20, 1986 Page 4 Approval of Plans and Specifications for construction of Effluent Reservoirs at Wastewater Treatment Plant No. 3. 2010 General Plan; City/Kern COG Memorandum of Understanding. Joint Use Agreement with Southern California Edison Company. Upon a motion by Councilmember Childs, Items a, b, c, e, f, g, h and i of the Consent Calendar were adopted by the following roll call vote: Ayes: Counc Noes: None Absent: Counc Jimembers Ratty, Salvaggio, Smith, Childs, Christensen, Moore, ilmember Dickerson ACTION ON BIDS Upon a motion by Councilmember Childs, low bid of J. L. Denio, Inc., in the amount of $125,988.00, for Ground Water Recharge Area, Phase 2, All Weather Access, was accepted, all other bids rejected and the Mayor was authorized to execute the Contract. Upon a motion by Councilmember Salvaggio, low bid of Griffith Company, in the amount of $38,894.00, for construction of street improvements on Ming Avenue between Castro Lane and Hughes Lane, was accepted, all other bids rejected and the Mayor was authorized to execute the Contract. Upon a motion by Councilmember Ratty, low bid of E & S Electrical Contractors, in the amount of $34,776.00, for Traffic Signal Systems on Wible Road at Valley Plaza Entrance, was accepted, all other bids rejected and the Mayor was authorized to execute the Contract. Upon a motion by Councilmember Moore, low bid from Eastman, Inc., in the amount of $10,397.55, for annual contract for office supplies, was accepted, all other bids rejected and the Mayor was authorized to execute the Contract. Upon a motion by Councilmember Smith, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price within the budgeted amount for Hurst Power Tools for the Fire Department. DEFERRED BUSINESS Adoption of Ordinance No. 3067 New Series of the Council of the City of Bakersfield changing the name of Fraser Road to White Lane. This Ordinance was given first reading at the meeting of August 13, 1986. Upon a motion by Councilmember Ratty, Ordinance No. 3067 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Smith, Childs, Christensen, Moore None Councilmember Dickerson Bakersfield, California, August 20, 1986 - Page 5 NEW BUSINESS Adoption of Emergency Ordinance No. 3068 New Series levying upon the full taxable value of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo Annexation, a percentage rate of taxation upon each dollar of valuation for the fiscal year beginning July 1, 1986, and ending June 30, 1987. City Attorney Oberholzer stated that the percentage of the tax levy for the Municipal Improvement Bond, Series A, in Section 1 is .001557% and Series B, Section 2, the tax levy is .003948%. Upon a motion by Councilmember Smith, Emergency Ordinance No. 3068 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Ratty, Salvaggio, Smith, Christensen, Moore Noes: None Absent: Councilmember Dickerson Childs, 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 that certain pro- perty in the City of Bakersfield located south of White Lane between the Southern Pacific Railroad tracks and South "H" Street. This Ordinance was originally on the July 30, 1986 Agenda and was deferred at the request of the applicant. List of Unpaid Assessments, Assessment District No. 86-2. Upon a motion assessments, Assessment on file. by Councilmember Ratty, District No. 86-2, was the list of unpaid received and placed Adoption of Resolution No. 127-86 of the Council of the City of Bakersfield, determining unpaid assessments and providing for issuance of bonds in the matter of City of Bakersfield Assessment District No. 86-2. Upon a motion by Councilmember Childs, Resolution No. 127-86 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Ratty, Salvaggio, Smith, Christensen, Moore Noes: None Absent: Councilmember Dickerson Childs, Adoption of Resolution No. 128-86 of the Council of the City of Bakersfield, awarding sale of bonds in the matter of City of Bakersfield Assessment District No. 86-2. City Attorney Oberholzer stated that the sale of the bonds will be to Miller & Schroeder Financial, Inc., in the amount of $18,275,923.96. Bakersfield, California, August 20, 1986 - Page 6 Upon a motion by Councilmember Ratty, Resolution No. 128-86 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Ratty, Salvaggio, Smith, Christensen, Moore Noes: None Absent: Councilmember Dickerson Childs, Agreement with Tenneco Realty Development Corporation regarding connection of Buena Vista Sewer Trunkline to Stockdale Sewer Trunkline. Upon a motion by Councilmember Moore, the Agreement with Tenneco Realty Development Corporation regarding connection of Buena Vista Sewer Trunkline to Stockdale Sewer Trunkline was approved and the Mayor was authorized to execute the Agreement. California Air Resources Board Hearing. Councilmember Moore made a motion that the Council encourage the County of Kern to continue as lead agency encouraging Council's strong support to them to support the joint efforts of our primary economic basis, primarily agriculture and petroleum, to work together for the best interests of the community; and that the Mayor be authorized to represent the Council at the hearings. Councilmember Moore restated his motion that the Council encourage the County of Kern to continue as lead agency encouraging Council's strong support to them to support the joint efforts of our primary economic basis, primarily agriculture and petroleum, to work together for the best interests of the community. He also encouraged staff, plural, to attend the hearing to gather information and facts and bring back a report to Council on what is transpiring and what action has been taken and strongly endorsed that. Upon a motion by Councilmember Childs, the call for the question was approved. Mayor Payne restated Councilmember Moore's motion to designate the Mayor as the spokesperson and representative of the City; Council to address the California Air Resources Board at the Environmental Protection Agency hearings on August 21, and 22, 1986; and to fully endorse and support the position as stated by Council- member Moore. This motion was approved. COUNCIL STATEMENTS newspaper things. Councilmember Ratty expressed concern regarding recent articles. He felt the public is seeing only negative Councilmember Christensen spoke regarding recent newspaper articles and other Councilmembers' statements. has an op allties. Councilmember Salvaggio stated he feels each Councilmember inion, and he would like to debate the issues not person- Councilmember Childs requested that the record reflect the time that Councilmember Salvaggio left the chambers. Councilmember Salvaggio ]eft the meeting at 8:00 p.m. Bakersfield, California, August 20, 1988 - Page 7 Councilmember Childs expressed concern regarding the drug trafficking, curfew, shootings and people running through residents' yards near Lowell Park. He requested staff, with the Police Department, investigate to come up with a strategy or maybe set up a community meeting regarding the concerns of the residents. Councilmember Childs questioned the status of his request for information on correspondence sent by Ty Stillman. Public Works Director Hawley responded that a report from him will be provided in next week's agenda packet. Mayor Payne stated that the bottom line question is whether or not the California Air Resources Board is going to accept the Kern County Non-Attainment Plan submitted by the Board of Supervisors and the local Regional Quality Control Board. The problem is whether or not the Kern County Non-Attainment Plan is sufficient. He stated that we are being punished and not being encouraged to come into compliance and cannot as long as a majority of the contaminants in the air are not within our control. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Ratty, the meeting was adjourned at 8:05 p.m. MAYOR of the City of Bak.e~sfield, ATTEST: CITY CLE/RK d Ean x O/fI'~/~/I~//~c~o~Cl~r~the Council of the City of Bakersfield, California Calif. rg