HomeMy WebLinkAbout08/13/1986 MINUTES CCBakersfield, California, August 13, 1986
139
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
City Hall at 7:00 p.m., August 13, 1986.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Reverend Steve Yeary
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Payne.
Councilmembers Dickerson, Moore, Ratty,
Salvaggio, Smith, Childs,
Christensen
Absent: None
PUBLIC STATEMENTS
Kathryn Sloan, Promotion Director
invited the Councilmembers to the Thursday
thanked the City for the hospitality it has
Capades.
for the Ice Capades,
evening show and
shown to the Ice
Jim Fortson, 3218 Renegade, spoke in support of the pro-
posed Adult Entertainment Ordinance.
HEARINGS
This is the time set for public hearing
before the City Council on an appeal
filed by James and Kathleen Faulkner to
the decision of the Board of Zoning
Adjustment denying a modification to per-
mit a 6-foot high fence within the
required front yard setback where the
maximum fence height is 4 feet on the
property located at 2109 "B" Street.
Mayor Payne declared the hearing open for public par-
ticipation.
Kathleen Ellis Faulkner, 2109 "B" Street, spoke in sup-
port of the appeal.
David L. Cassil, local architect, spoke regarding the
history, design and aesthetics of the fence.
appeal.
Frank Munoz, 2200 "A" Street, spoke in support of the
appeal.
Carlos Rosas, 2104 "B" Street, spoke in support of the
appeal.
Sam Stormont, 2114 "B" Street, spoke in support of the
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.
Councilmember Christensen made a motion to grant
appeal and overrule the decision of the Board of Zoning
Adjustment.
the
Upon a motion by Councilmember Childs, the call for the
question was unanimously approved.
Bakersfield, California, August 13, 1986 - Page 2
to grant
roll call
Mayor Payne restated Councilmember Christensen's motion
the appeal. This motion was approved by the following
vote:
Ayes: Councilmembers Dickerson, Moore, Ratty,
Childs, Christensen
Noes: None
Absent: None
Salvaggio, Smith,
CORRESPONDENCE
Upon a motion by Councilmember Ratty, communication from
Klassen Corporation, 2021 Westwind Drive, dated August 1, 1986,
requesting an abandonment of public right-of-way of the alley
located between Chester Avenue and Eye Street to be utilized for
the Golden Empire Transit Downtown Transfer Facility, was
received and referred to staff for study and recommendation.
Upon a request by Councilmember Moore, communication
from William M. Thomas, 6612 Hornitos Court, dated July 8, 1986,
to Jerry Hahs, Traffic Engineer, expressing appreciation for well-
planned streets and traffic signals, was received and referred to
the City Manager.
Upon a request by Councilmember Moore, communication
from the Downtown Business Association, 1401 19th Street, Suite
101, dated August 11, 1986, to George Caravalho, City Manager,
expressing appreciation for the succesful initiation of the 19th
Street Specific Plan, was received and referred to the City Manager.
Upon a request by Councilmember Moore, communication from
the Greater Bakersfield Chamber of Commerce, 1000 Truxtun Avenue,
Suite C, dated August 12, 1986, to George Caravalho, City Manager,
expressing appreciation for the efforts in the construction of the
new Chamber quarters, was received and referred to the City Manager.
Upon a motion by Councilmember Dickerson, communication
from Wal~er-Lewis, Inc., P.O. Box 10592, dated July 30, 1986,
regarding a cement center divider on Stine Road south of White Lane
was referred to the Urban Development Committee for action and
report back to Council.
Councilmember Salvaggio indicated that correspondence
was received by all Councilmembers from Pacific Bell Telephone
regarding the Pacific Bell calling card, and requested response
from staff regarding Council credit cards.
City Manager Caravalho responded that staff
into the issue of Pacific Bell calling cards and will
to Council.
is looking
report back
Mayor Payne introduced correspondnece from Go[den Empire
Transit District, 1830 Golden State Avenue, dated July 31, 1986,
requesting the use of an adjacent City-owned parking lot between
22rid and 23rd Streets, Eye Street, and a north-south alley west of
Eye Street, for approximately six months, as an interim transfer
point, and requesting to construct temporary passenger shelters and
provide a beverage ven0or.
REPORTS
Councilmember Childs, Chairman of the Budget and Finance
Committee, read Report No. 26-86, regarding Council Reimbursement
for Expenses as follows:
On July 30, 1986, a request to review the per diem
paid to the City Council for expenses incurred at
meetings was referred to the Budget and Finance
Committee. The committee met with staff and
reviewed existing City policy regarding re[m-
Bakersfield, California, August 13, 1986 - Page 3
bursement, as well as policies and per diem amounts
allowed by other governmental bodies. The commit-
tee determined that the existing policy for reim-
bursement and per diem is consistent with other
governmental agencies.
Therefore, this committee recommends that no action
be taken to modify the policy at this time.
We recommend the acceptance and approval of this
report.
Upon a motion by Councilmember Childs, Report No. 26-86
from the Budget and Finance Committee regarding Counctl
Reimbursement for Expenses was accepted and the recommendations
implemented.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 307 to 442 inclustve, in
in the amount of $239,269.52·
b. Clatms for Damages and Personal Injuries from the
following:
1. Gary D. Austin, 1916 Val Verde Lane;
Jacqueline Leeann Johannes, 3009 Hillburn Road;
and
3. Henry Shipes, 4700 Capella Court.
(REFER TO CITY ATTORNEY)
Grant of Easement between the City of Bakersfield
and Shell Calltornia Production, Inc., a Delaware
Corporation.
d. Deed for additional Street Right-of-Way.
Transmittal of proposed Resolution of the
Redevelopment Agency of the City of Bakersfield
approving and adopting a Statement of Existing
Obligations and a Statement of Existing Programs
and finding that it is necessary to deposit less
than the amount required by Statute to be deposited
tnto the Housing Fund.
Improvements Contract with Toliaday Corporation for
improvements required for Parcel Map Waiver No.
18-86.
g. Approval of Plans and Specifications for Traffic
Signal System on Hughes Lane at Planz Road.
h. Approval of Plans and Specifications for installa-
tion of parking signs in the Downtown area.
i. Negative Declaratton for Stockdale Htghway Bridge.
Approval and Adoptton of Negative Declaration for
Communtty House Parking Lot Addition.
Councilmelnber Childs made a motion to adopt Items (a)
through (j) of the Consent Calendar·
Bakersfield, California, August 13, 1986 - Page 4
Item (i)
agenda.
Councilmember Dickerson made a substitute motion to remow~
from the Consent Calendar and place it at the end of the
Mayor Payne restated Councilmember Dickerson's substi-
tute motion to approve the Consent Calendar, Items a, b, c, d, e,
f, g, h, and j, with the exception of Item (i) to be pulled for
discussion later. This motion was approved by the following roll
call vote:
Ayes: Councilmembers
Noes: None
Absent: None
Dickerson, Moore, Ratty,
Childs, Christensen
Salvaggio, Smith,
Consent Calendar Item (i) was discussed and acted upon
on Page 6.
DEFERRED BUSINESS
Adoption of Ordinance No. 3066 New Series
of The Council of the City of Bakersfield
amending Sections 17.69.020 D. and
17.69.040 and adding Section 17.69.050 D.
to the Bakersfield Municipal Code
Relating to Adult Entertainment Businesses.
This Ordinance was given first reading at the meeting of
August 6, 1986.
Upon a motion by Councilmember Salvaggio, Ordinance No.
3066 New Series, of the Council of the City of Bakersfield, was
adopted by the following roll call vote:
Ayes: Councilmembers
Noes: None
Absent: None
Dickerson, Moore, Ratty,
Childs, Christensen
Salvaggio, Smith
Councilmelnber Dickerson stated,
voted for the ordinance to strengthen and
feeling and sentiment to the community.
for the record, that he
to indicate a strong
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield
changing the name of Fraser Road to White
Lane.
List of Unpaid Assessments, Assessment
District No. 86-3.
Upon a motion
Assessments, Assessment
on file.
by Councilmember Ratty, the List of Unpaid
District No. 86-3 was received and placed
Adoption of Resolution No. 124-86 of the
Council of the City of Bakersfield,
determining unpaid assessments and pro-
viding for issuance of bonds in the
matter of City of Bakersfield Assessment
District No. 86-3.
Upon a motion
124-86 of the Council of
the following roll call
by Councilmember Ratty, Resolution No.
the City of' Bakersfield, was adopted
vote:
by
Ayes: Councilmembers
Noes: None
Absent: None
Dickerson, Moore, Ratty,
Childs, Christensen
Salvaggio, Smith,
Bakersfield, California, August 13, 1986 - Page 5
Adoption of Resolution No. 125-86 of the
Council of the City of Bakersfield,
awarding sale of bonds in the matter of
City of Bakersfield Assessment District
No. 86-3.
opened
Inc.
City Attorney Oberholzer stated
today, and the best bid was from M.
that the bids were
L. Stern and Company,
Upon a motion by Councilmember Ratty, Resolution No. 125-86
of the Council of the City of Bakersfield was adopted by the
following roll call vote:
Ayes: Councilmembers Dickerson, Moore, Ratty, Salvaggio, Smith,
Childs, Christensen
Noes: None
Absent: None
Agreement with County of Kern for the
installation of Traffic Signals and
Street Lighting at the intersection
Ming Avenue and South "P" Street.
Upon a motion by Councilmember Childs, agreement with
County of Kern for installation of traffic signals and street
lighting at the latersection of Ming Avenue and South "P" Street
was approved, and the Mayor was authorized to execute the Agreement..
Request from Golden Empire Transit, 1830
Golden State Avenue, dated July 31, 1986,
requesting the use of a City-owned
parking lot as an interim location to
transfer passengers.
Upon a motion by Councilmember Christensen, correspon-
dence from Golden Empire 'Fransit District, 1830 Golden State
Avenue, dated July 31, 1986, requesting the use of an adjacent
City-owned parking lot between 22nd and 23rd Streets, Eye Street,
and a north-south alley west of Eye Street, for approximately six
months, as an interim transfer point, and requesting to construct
temporary passenger shelters and provide a beverage vendor was
accepted.
Upon a motion by Councilmember Childs, Steve Ruggenberg
was allowed to address the Council.
Steve Ruggenberg, General Manager of Golden Empire
'Fransit District, answered questions of the Council.
Upon a motion by Councilmember Christensen, the request
from Golden Empire Transit to use a City-owned parking lot as an
interim location to transfer passengers, was approved with the
following conditions: 1) submit a plan to the City Engineer for
approval of the proposed passenger shelters, beverage vendor and
traffic circulation; 2) indemnify and hold City harmless against
all risk, and supply certificates ot insurance showing that the
City Js named as an additional insured from any and all claims
beginning with dollar one up to one million dollars; and 3) all
existing improvements which are damaged or disturbed during the
period of use shall be replaced to their present condition. A]!
improvements placed on the lot by the District shall be removed
upon termination of the District's use of the property.
COUNCIL STATEMENTS
Councilmember Moore reintroduced his request to consider
a multi-year budget process, and ~ndicated that this process would
be a valuable asset to the city.
Bakersfield, California, August 13, 1986 - Page 6
Assistant City Manager Pulskamp provided a brief status
report with regard to considering a multi-year budget.
Councilmember Moore requested staf~ monitor the Warner
Cable Operations as they go through their upgrading and replace-
ment process to insure that they are following the procedures that
they advised the Council they would perform, and report to Council
if there are any problems.
Councilmember Childs made a motion that the City Manager
come up with some conceptional idea of how he perceives the City
Council's relationship to him and staff. This motion was unani-
mously approved.
Upon a motion by Councilmember Christensen, the matter
of the Baker Street Corridor Plan and ~t~nerate problems was
referred to the Urban Development Committee.
RECESS
Upon a motion by Councilmember Dickerson, the meeting
was recessed at 8:08 p.m. The meeting was reconvened at 8:20 p.m.
Councilmember Christensen nominated Harold J. Staat
the Miscellaneous Civil Service Board, provided resumes to
Council, and requested action be taken in two weeks.
to
Councilmember Moore nominated Jas Hayden and Clarence
Medders to the Miscellaneous Civil Service Board and requested
action be taken in two weeks.
Councilmember Childs nominated Barbara Donnelly to the
Miscellaneous Civil Service Board.
CONSENT CALENDAR CONTINUED
i. Negative Declaration for Stockdale Highway
Bridge.
Counc~imember Dickerson made a motion to delay action
on the Negative Declaration for Stockdale Highway Bridge for two
weeks; receive correspondence from Dr. Jack Williams or his
reports and working documents; and receive a copy of the letter
written by Ty Stillman. This motion was unanimously approved.
Councilmember Childs made a motion to direct staff to
report on who Ty Stillman was representing when he wrote the
letter to Miss Simms indicating that the Kit Fox species would not
be affected by proposed project actions. This motion was unani-
mously approved.
Deputy City Manager Strenn requested that the workshop
on the Sand Creek Golf Course issue be delayed, and indicated that
she will provide some dates and submit them to Council for input.
Upon a motion by Councilmember Ratty, Deputy City
Manager Strenn's suggestion to provide some dates and submit
to Council for input was unanimously approved.
them
CLOSED SESSION
Upon a motion by Councilmember Childs, Council recessed
to Closed Session, at 8:45 p.m., pursuant to Government Code
Section 54954.9, for the purposes of discussing litigation
regarding Northwest Citizens for Responsible Growth vs. City of
Bakersfield, et. al., and personnel matters. The meeting was
reconvened at 11:45 p.m.
Bakersfield, California, August 13, 1986 - Page 7
Councilmember Childs made a motion to approve a one-step
merit increase for the City Manager from Step 3 to Step 4. This
motion was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Moore, Ratty, Smith, Childs
Councilmembers Dickerson, Sa]vaggio, Christensen
None
Councilmember Dickerson clarified his no vote stating
that City expansion, agriculture, and oil are and will suffer
great financial problems, and he is not in favor of a raise which
might set in motion raises along the way. He stated that because
of the many negative comments made from community members on
issues dealing with the City, that Council should re-evaluate in
90 days.
Councilmember Christensen clarified his no vote stating
that the total compensation received is $106,000, and based on com-
parative cities it is well up there in total. No big corporations
are able to give raises because of the economy, and a merit raise
means that you are above average, and the evaluations find that
the City Manager's average will fall shortly below average. He
stated that he could not approve a raise because what the City
Manager has done in the Second Ward has not been good.
Councilmember Childs clarified his yes vote stating that
Council voted for the salary that was given the City Manager when
he was hired; Council was charged with evaluating Mr. Caravalho in
his first year of service and Council failed to do that; Council
failed to tell h~m there were any negative concerns; all employees
received ra~ses; and he feels that the City Manager deserves a one-
step merit increase.
Councilmember Salvagg~o clarified his no vote stating
that the garbage fee and sewer service fees were raised. It is
inappropriate for any employee, particularly the highest paid
employee, to receive a pay increase at th~s time. He receives
approximately $107,000, which ~s more than an adequate salary.
The local economy is in a downturn. He indicated a 4.7 percent
raise has been given, and there is no other system which allows
another employee to receive such a merit increase.
for
Councilmember Moore clarified his yes vote stating that
the Council has given raises to all employees within the last two
years, and he was in opposition to those raises, and the City
Manager has not received a raise since his employment two years
ago. This is inconsistent to not honor the gentleman who is at
the top of the pyramid. There ~s support for the City Manager and
his managerial abilities. He stated that the salary is $73,303.42,
and the difference in the amount of $107,000 is in benefits which
all employees receive. He outlined a list of cities in which the
City Manager is paid more than $73,000.00.
Upon a motion by Councilmember Childs, discussion on the
C~ty Manager's step increase was allowed to continue for 15 minu-
tes, with Councilmember Dickerson voting no.
Mayor Payne indicated that a motion was made in Closed
Session to provide a written reprimand in Mr. Oberholzer's person-
neI jacket. The City Clerk called the roll as follows:
Ayes: Councilmembers Dickerson, Salvaggio, Christensen
Noes: Councilmembers Moore, Ratty, Smith, Childs
Absent: None
Bakersfield,
California, August 13, 1986 Page 8
Councilmember Dickerson made a motion to have a commit-
tee of Councilmembers Childs and Salvaggio report back with a ver-
bal reprimand to the City Attorney for conduct involved in the IT
affair. This motion was defeated by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmember Dickerson
Councilmembers Moore, Ratty,
Christensen
None
Salvaggio, Smith, Childs,
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Ratty, the meeting was
adjourned at 12:05 a.m.
MAYOR of the City of
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
Bakersfield,
Calif.
rg