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.
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