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HomeMy WebLinkAbout08/12/1987 MINUTES CCBakersfield, California, August 12, 1987 Minutes of City of Bakersfield the Council Chambers the Special Meeting of the Council of the for the purpose of a Closed Session held in of City Hall at 5:20 p.m., August 12, 1987. The meeting was called to order by Mayor Payne. Present: Absent: Mayor Payne. Councilmembers Childs, Christensen, Dickerson, Salvaggio Councilmembers Ratty, Moore Smith, CLOSED SESSION Upon a motion by Councilmember Childs, the Council re- cessed to a Closed Session pursuant to Government Code Section 54957 regarding performance evaluation of City Attorney. ADJOURNMENT There being no further business to come before the Coun- cil, the meeting was adjourned at 6:25 p.m. ATTEST: MAYOR of the City of, Bakersfield, Calif. CITY CLERK and Ex Officio Clerk of the Counci] OF THE City of Bakersfield, Calfiornia df Bakersfield, California, August 12, 1987 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 12, 1987. by the Tolbert The meeting was called to order by Mayor Payne, followed Pledge of Allegiance and Invocation by Reverend Michael of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Absent: Mayor Payne. Councilmembers Childs, Ratty, Councilmember Moore Christensen, Smith, Dickerson, Salvaggio Councilmember Smith announced that is attending a State Water Resources Control southern California. Councilmember Moore Board Meeting in MINUTES Upon a motion by Councilmember Childs, Minutes of the Special Meeting of July 15, 1987, and the Regular Meetings of July 15, 1987, and July 29, 1987, were approved. PUBLIC STATEMENTS Joe Green, 131 East "I" Street, Tehachapi, spoke regard- ing Bakersfield Police Department's enforcement of court orders and Penal Code 278.5 and submitted to the City Clerk the court or- ders and a letter from the Bakersfield Police Department. Upon a motion by Councilmember Childs, Mr. Green's con- cerns were referred to the City Attorney for review and report back to the Council and Mr. Green. HEARINGS This is the time set for a continued pub- ]ic hearing on Resolution of Intention No. 1027 declaring its intention to order the abandonment of a 100-foot portion of dedicated vehicular access rights along the north right-of-way line of Alfred Harrell Highway approximately one mile west of Lake Ming Road. Upon a motion by Councilmember Smith, the public hearing on Resolution of Intention No. 1027 was continued to September 9, 1987 by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Moore Smith, Ratty, REPORTS Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 28-87 re- garding Policy Statement - Minutes and Transcripts of Council meetings as follows: A report on this subject was presented to the Coun- cil on July 15, 1987. The report contained recom- mendations relative to requests for transcripts and verbatim comments in the minutes. The Committee has reviewed the report and is considering the recommendations. Bakersfield, California, August 12, 1987 Page 2 However, the Committee does recommend that while the report is being reviewed, all requests for transcripts or verbatim comments in the minutes be made to the City Manager. He will advise the coun- cilmember as to who will prepare the information and when it can be available. Therefore, it is recommended that this report be received and that the interim recommendation be approved. Upon a motion by Councilmember Childs, Budget and Fi- nance Committee Report No. 28-87 was accepted and recommendations implemented. Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 29-87 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 report was referred back to Committee at the council meeting on July 15, 1987 for further study. The Committee met again on July 29, 1987 and con- sidered the recommendations contained in this report. It was determined that because of 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 implemented. Based on this information, it is the recommendation of this Committee that free rent be denied and further rec- ommends that Ordinance No. 2.52 be adhered to in the future when rental of the Civic Auditorium is requested. Upon a motion by Councilmember Childs, Budget and Fi- nance Committee Report No. 29-87 was accepted and recommendations implemented. Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 30-87 re- garding Mid-State Development Incubator Program as follows: The Mid-State Development Corporation has completed the feasibility study for an incubator program which supports a specific plan for implementation. They now wish to proceed with a business plan to establish the actual program. Originally $15,000 was set aside from the 1986-87 Block Grant funds of which $10,000 was used for the feasibility study. They believe that they can complete the business plan for approximately $5,000. The Mid-State Development Corporation, which is responsible for administering SBA 502 and 503 loans in Kern County, has been charged with the responsi- bility of investigating and possibly administering the proposed small business incubator program. The Committee reviewed their request and recommend approval. Therefore, it is recommended that staff be author- ized to prepare an agree~nent to be executed by the Mayor, for the completion of the proposed business plan. Bakersfield, California, August 12, 1987 - Page 3 Upon a motion by Councilmember Childs, Budget and Fi- nance Committee Report No. 30-87 was accepted and recommendations implemented. Councilmember Childs, Chairman of Committee, read Budget and Finance Committee garding Alternative Motor Fuels as follows: the Budget and Finance Report No. 31-87 re- Alternative motor fuels have been receiving a great deal of study for three main reasons. One reason was in response to the oil embargo of the mid 1970's. A second reason was in response to rising fuel costs and the desire to substitute the use of gasoline with a fuel that costs less. The third was in response to air quality concerns and a desire to reduce the harmful emissions from automo- bile exhaust. Through the process of reviewing the available information on this subject, it became apparent that there are really three fuel types that have any real possibility of substituting for gasoline. Those fuels are the alcohols, natural gases and ]iquified petroleum gas (propane). Other experi- mental fuels, for reasons that are either political (in terms of support), economic (in terms of pro- duction cost) or environmental (in terms of signif- icance of air quality impaction) hold little promise of replacing gasoline as a motor fuel. Methanol has the greatest potential as an alterna- tive fuel for California for two basic reasons: first because California has a need for an alterna- tive to gasoline that will reduce harmful vehicle emissions; and secondly because the State of California through the California Energy Commission is willing to support test programs using methanol M85. The California Energy Commission has indicated that with ten vehicles, a vendor may be willing to establish a fueling site in the Bakersfield area. It takes a minimum of ten vehicles to justify a methanol fueling site and at the present time the nearest sites are in the Fresno and Los Angeles areas. The only methanol powered vehicles available to the City at this time are state-owned 1983 Ford Escort compact sedans. These vehicles have been driven for 30,000 to 40,000 miles. According to our Equipment Maintenance Department, the State may be willing to sell some of these vehicles to the City for an estimated price of $1,500 per vehicle. Staff feels that the City should participate in a methanol powered vehicle pilot program based on the following plan: Make a commitment to acquire ten used methanol powered vehicles at a cost not to exceed $20,000 for ten vehicles. The funds to come from Council contingency. 2 o Acquisition of the vehicles is to be dependent on establishment of a methanol fueling site in the Bakersfield area at no cost to the City. Bakersfield, California, August 12, 1987 Page 4 The ten used vehicles will be assigned for City use and maintained by the Equipment Division. Future salvage value is not predictable at this time, therefore, we must assume we will have the vehicles for the rest of their useful life. The vehicles could be assigned as follows: three or four vehicles to the City Hall car pool for local use only. three to four vehicles to the corporation yard for local use only as loaners. the balance of the vehicles assigned to volunteer employees who presently have an assigned vehicle. Therefore, it is recommended that staff be author- ized to participate in a methanol powered vehicle pilot program as outlined in this report. Upon a motion by Councilmember Childs, Budget and Fi- nance Committee Report No. 31-87 was accepted and recommendations implemented. CONSENT CALENDAR The following items were listed on the Consent Calendar: Approval of Warrant Nos. 0197 to 0434 inclusive, in the amount of $395,461.72 and Warrant Nos. 10273 to 10339 inclusive, in the amount of $41,040.95. Communication addressed to Councilmember Moore from Southern California Water Committee, Inc., 17752 Skypark Circle, Suite 120, Irvine, dated July 29, 1987, requesting his participation on behalf of the City at the Bay/Delta Estuary Water Quality hearings to be held on August 11, 12, 13 and 14, 1987. (RECEIVE AND PLACE ON FILE) Communication from Roy J. Gargano, 2200-12 El Portal Drive, dated August 5, 1987, submit- ting proposed amendments to refuse and garbage collection contracts. (RECEIVE AND REFER TO BUDGET AND FINANCE COVB/IITTEE) d. Claim for Damages and Personal Injuries from the following: Barbara Carole Thiessen, 4004 Sugar Cane Avenue; Mark Lutrel, 2212 So. Union Avenue; David Ray Owen, 4312 Lantados Street; Susan Ann Blackmon, 3513-A Sampson Court; Candy Cane Preschool/Mary Louise Ellis, 108 N Street; Richard Rogers, 4215 Tea] Street, #4; Progressive Insurance/Gary & Mary Jo Riccomini, Rt. 1, Box 84-B, Buttonwillow, CA; Bakersfield, California, August 12, 1987 Page 5 Kenneth Forbes, 101 North La Brea Avenue, #705 Inglewood, CA 90301; and Sandra Villa/ Armando Cantu, 1021 Sandra Drive. (REFER TO CITY ATTORNEY) e. Dedication of Properties: Sewer Line Easement from Colson & Colson Construction Co., located South of Columbus Street and West of Oswell Street. Slope Easement from Alexandra J. Paola for the construction of Morning Drive, North of Highway 178. Sewer Line Easement from Alexandra J. Paola; Bessie Paola; and Judith Penney and Fay Penney as Executors of Nick Paola Estate, located North of Highway 178 and West of Morning Drive. Street Right of Way Deed from Three LB, a general partnership, to the City of Bakers- field for a portion of Pacheco Road, east- er]y of Wible Road. Grant Deed, Road Easement, Sewer Line Easement (Permanent) Storm Drain Easement, Slope Easement and Public Utilities Easement from Tenneco Realty Development Corporation, to the City of Bakersfield within Parcel Map 7744, located between State Route 58 and Belie Terrace, Mt. Vernon Avenue and Washington Street. Grant Deed from Stockdale South Partners and access easement for the Silver Creek Sewer Lift Station, located north of Panama Lane, east of Reliance Drive. Grant of Easement from Penske Realty, Inc., for landscape purposes over portions of Parcel 1 of Parcel Map 7662, located at the southeast corner of Wible Road and Pacheco Road. Notices of Completion and Acceptance of Work for the following projects: Wible Road Resurface Planz to Pacheco and froin 500' n/o Ming to Wilson, Contract No. 87-123, was completed on August 4, 1987. 2. Grissom Street Resurface - White Lane to Planz Road, Contract No. 87-147, was com- pleted on August 4, 1987. Resurfacing portions of Sumner Street and Union 87-91, was completed on San Dimas Street, Avenue, Contract No. July 30, 1987. 4. Tract No. 4038, located at or near Planz and Larson, Contract No. 78-040, was com- pleted on July 29,1987. Bakersfield, California, August 12, 1987 - Page 6 Tract No. 4347, located at or near College and Fairfax, Contract No. 81-160, was completed on July 29, 1987. 6. Tract No. 4486, located at or near Fairfax and Dorset Drive, Contract No. 83-126, was completed on July 29, 1987. Tract No. 4761 Unit "B", located at or near Westwold Drive and Gosford Road, Contract No. 86-86, was completed on July 29, 1987. 8. Parcel Map No. 5885, located at or near Panama and Colony, Contract No. 80-173, was completed on July 29, 1987. Parcel Map No. 8096, located at or near White Lane and Gosford Road, Contract No. 86-218, was completed on August 4, 1987. 10. Resurfacing 17th Street from "Q" Street to "L" Street, and "L" Street from California Avenue to Truxtun Avenue, Contract No. 87-129, was completed on August 4, 1987. g. Applications for Encroachment Permit from the following: The First United Methodist Church 4600 Stockdale Hwy., requesting approval of 20 ft. encroachment into the existing 25 ft. storm drain right-of-way along east of 4600 Stockdale Hwy. Mr. David W. Slikker - 3312 Ridgemont Street, requesting approval of constructing 2 ft. retaining wall and installing 6 ft. wooden fence on back of the sidewalk along east side of Elderberry Street at 3312 Ridgemont Street. Shadow Ridge, Ltd. - P.O. Box 9806, re- questing approval to install a 4 feet brick column and rod iron fence on back of the sidewalk along the north side of College Avenue at 7000 College Avenue. Dean Gay, Real Estate - 1801 21st Street, requesting approval of installing masonry trash enclosure and 2.5 feet encroachment of parking lot into a 33 feet alley along the south side of 1801 19th Street. Approval of plans and specifications for Hughes Lane curb and gutter construction between Fair- view Road and Ear]ene Avenue. Approval of plans and specifications for the installation of chainlink fence along Madison Avenue from Planz Road to Watts Street. k. Contract Change Order Nos. 1, 16, 36, 56, Union Avenue Overhead, Contract No. 85-250. Bakersfield, California, August 12, 1987 - Page 7 Upon a motion by Councilmember Childs, Items a, b, c, d, e, f, g, h, i, j and k of the Consent Calendar were adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Moore Smith, Ratty, ACTION ON BIDS Upon a motion by Councilmember Ratty, low bid from Granite Construction Company in the amount of $5,818,437.00 for Oak Street Overpass widening and strengthening at A.T.& S.F. Railway Company was accepted and appropriation of $575,000.00 in Federal Highway Bridge Replacement funds was authorized, use of funds from the Stockdale Highway Bridge budget for the City's contribution was authorized, and the Mayor was authorized to exe- cute the contract. Upon a motion by Councilmember Smith, bid from General Seating Company for Annual Contract for Aluminum Planks and Acces- sories for parks was accepted and the Mayor was authorized to exe- cute the contract. Upon a motion by Councilmember Childs, low bids from Priority One Computers for $20,698.57 (3 items), Pyramus, Inc. $6,120.44 (6 items), KC/CAD for $1,991.74 (1 item), Compu-Byte, Inc. for $1,134.20 (1 item), Computer Software Solutions for $199.28(1 item), for computer equipment, were accepted and all other bids rejected. for Upon a motion by Councilmember Dickerson, low bid from Griffith Company in the amount of $54,290.00, for construction of a road adjacent to the Harris and Akers Park site was accepted, all other bids rejected, the use of savings authorized, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Christensen, low bid of Griffith Company in the amount of $41,586.00 for improving curb and gutter in block bounded by 22nd, 23rd, "O" and "P" Streets was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Resolution No. 145-87 of the Council of the City of Bakersfield determining that certain radio combinet equipment can be reasonably obtained from only one vendor and authorizing the Finance Director to dispense with bidding therefor. Upon a motion by Councilmember Christensen, Resolution No. 145-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Sa]vaggio None Councilmember Moore Smith, Ratty, Bakersfield, California, August 12, 1987 Page 8 Resolution No. 146-87 of the Council of the City of Bakersfield determining that certain radio equipment can be reasonably obtained from only one vendor and author- izing the Finance Director to dispense with bidding therefor, Upon a motion by Councilmember No. 146-87 of the Council of the City of by the following vote: Christensen, Resolution Bakersfield was adopted Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Moore Smith, Ratty, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located at the north- west corner of Terrace Way and South "H" Street from an R-2-D (Limited Multiple Family Dwelling) Zone to a C-O (Commercial and Professional Office). First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located approximately 2,000 feet east of Mt. Vernon Avenue and 155 feet south of the east extension of Belle Terrace from an A (Agricultural) Zone to an M-1 (Light Manufacturing). First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Sections 10.80.010, 10.80.020, 10.80.030 and repealing Section 10.80.040 of the Bakersfield Municipal Code relat- ing to the Kern River Bicycle Trail. First Reading of an Ordinance of the Council of the City of Bakersfield adding Subsection G. to Section 3.20.120 of the Bakersfield Municipal Code relating to disposal of surplus fire fighting equip- ment. Resolution No. 147-87 of the Council of the City of Bakersfield amending Resolu- tion of Intention No. 1004 (Assessment District 86-2, Buena Vista Trunkline). Upon a motion by Councilmember Christensen, Resolution No. 147-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Moore Smith, Ratty, Bakersfield, California, August 12, 1987 - Page 9 Resolution No. 148-87 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. 87-2. Upon a motion by Councilmember No. 148-87 of the Council of the City of by the following vote: Christensen, Resolution Bakersfield was adopted Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: Councilmember Moore Smith, Ratty, Resolution No. 149-87 of the Council of the City of Bakersfield ordering the Sale of Bonds in the Matter of City of Bakers- field Assessment District 87-2. Upon a motion by Councilmember Christensen, Resolution No. 149-87 of the Council oF the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Moore Smith, Ratty, Resolution No. 150-87 of the Council of the City of Bakersfield regarding sub- mittal of an Application for the expan- sion of Wastewater Treatment Plant No. 3. Upon a motion by Councilmember Childs, Resolution No. 150-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Moore Smith, Ratty, Resolution No. 151-87 of the Council of the City of Bakersfield making findings and certifying the Final Environmental Impact Report (EIR) for the Mcintosh General Plan Amendment. Upon a motion by Councilmember Salvaggio, Resolution No. 151-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Moore Smith, Ratty, Bakersfield, California, August 12, 1987 Page 10 Zoning Resolution No. 348 of the Council of the City of Bakersfield approving a modification requested by Mosesian Development Corporation, allowing a 106- foot high, seven-story office structure in a C-2 (Commercial) Zone on that certain property commonly known as 1300 17th Street. Upon a motion by No. 348 of the Council of the following vote: Councilmember Childs, Zoning Resolution the City of Bakersfield was adopted by Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilme~nber Moore Smith, Ratty, Amendment to Agreement No. 87-22 and Agreement No. 87-70 with Dokken Engineer- ing for design of Stockdale Highway Bridge at the Kern River. Upon a motion by Councilmember Ratty, Amendment to Agreement No. 87-22 and Agreement No. 87-70 were approved and Mayor was authorized to execute the Agreement. the Appropriation of Community Development Program Income for the Development of a Facade Program as Recommended in the Baker Street Corridor Specific Plan Approved by City Council. Upon a motion by Councilmember Christensen, the appro- priation of Community Development Program Income for the Develop- ment of a Facade Program was referred to the Budget and Finance Committee. Designation of Voting Delegate for League of California Cities Annual Conference. Upon a motion by Councilmember Smith, Vice-Mayor Childs was designated as a voting delegate for the League of California Cities Annual Conference by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Moore Smith, Ratty, Emergency Ordinance No. 3110 New Series of the Council of the City of Bakersfield levying upon the full taxable value of the taxable property in the City of Bak- ersfield, except that area known as the Rio Bravo annexation, a percentage rate of taxation upon each dollar of valua- tion for the fiscal year beginning July 1, 1987, and ending June 30, 1988. Upon a motion No. 3110 of the Council the following vote: by Councilmember Ratty, Emergency Ordinance of the City of Bakersfield was adopted by Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Moore Smith, Ratty, Bakersfield, California, August 12, 1987 - Page 11 COUNCIL STATEMENTS Harris ferred Upon a request by Councilmember Dickerson, the issue of and Akers Roads Park being named "Challenge Park" was de- to the Council meeting of August 26, 1987. Resolution No. 152-87 of the Council of the City of Bakersfield supporting con- struction and operation of a Federal Prison in the Greater Taft Area. Upon a request by Councilmember Moore, Councilmember Smith read a letter addressed to Councilmember Moore from the City of Taft regarding the proposed Federal Prison in the Greater Taft Area. Upon a motion by Councilmember Smith, the Council adopt- ed a position of support for the City of Taft for the siting of a Federal Prison by the following vote: Ayes: Councilmembers Childs, Christensen, Smith, Ratty, Dickerson, Sa]vaggio Noes: None Absent: Councilmember Moore Councilmember Childs tuents in Ward One to Assistant ersfield Police Department for tially violent problem in their expressed appreciation from consti- Police Chief Jim Cash and the Bak- their help in resolving a poten- neighborhood. ADJOURNMENT oil, upon journed at There being no further business to come before the Coun- a motion by Councilmember Christensen, the meeting ad- 7:45 p.m. ATTEST: MAYOR of the City of Baq~ersfield, Calif. CITY CL~ERK and Ex Officio Clerk o~' the Council OF THE City or' Bakerst'ield, Calfiornia dI'