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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