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HomeMy WebLinkAbout12/10/1986 MINUTES CCBakersfield, California, December 10, 1986 Minutes of City of Bakersfield, held in the Annex Building Basement December 10, 1986. Present: Absent: overview the Special Meeting of the Council of the California, for the purpose of a Workshop Conference Room at 5:15 p.m., The meeting was called to order by Mayor Payne. Mayor Payne. Councilmembers Childs, Christensen, Smith, Moore, Dickerson, Salvaggio Councilmember Ratty BAKER STREET Assistant Planner David Lyman gave a slide presentation of the Baker Street Specific Plan. Economic Development Director Dave Kennon presented an of the Baker Street Plan. BROWN ACT Deputy City Attorney Sherry made a presentation outlin- ing the new provisions of the Brown Act and how they affect the City of Bakersfield. ADJOURNMENT There being no further business to come before the Council, Mayor Payne adjourned the meeting at 6:10 p.m. ATTEST: MAYOR of the City of' Ba~er'~s'ield, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, December 10, 1986 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., December 10, 1986. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Bob McNew of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Absent: None Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson, Salvaggio SCHEDULED PUBLIC STATEMENTS Donald R. Akers, 3125 Akers Road, spoke regarding street lighting that was recently installed on Akers Road, requesting that the City remove two poles placed on his property. Councilmember Dickersoh's motion to consider this issue an emergency item, take the two poles out of Mr. Akers's yard by changing the present City policy and allowing for the regular type of underground cable and lighting system that is the standard throughout the City, failed. Public Works Manager Hawley stated that the Public Works Department will be assuming the responsibility to work out an acceptable plan for installation of street lights. Upon a motion by Councimember Moore the issue of street lighting on Akers Road was referred to the Urban Development Committee to work with staff and Mr. Akers, and come back to the Council with a recommendation. Sister Margaret, 322 Lakeview Avenue, presented a peti- tion with over 650 names asking that the City allow King's Mission to purchase the property at 510 Lakeview for the purpose of feed- ing and housing the homeless and needy. Upon a motion by Councilmember Childs the matter of King's. Mission purchasing the property at 510 Lakeview was referred to the Budget and Finance Committee. Councilmember Christensen requested a full staff on the activity at the corner of Ralston Street view Avenue. report from and Lake- HEARINGS This is the time set for public hearing on an appeal by Mel Yarrow to the deci- sion of the Board of Zoning Adjustment approving an application for a Conditional Use Permit requested by Sun Exploration and Production Company to allow the drilling and operation of one oil well with associated equipment in an R-1 (One Family Dwelling) Zone and an R-2 (Limited Multiple Family Dwelling) Zone. The well head is located 870 feet west of Stine Road and 567 feet south of Harris Road. Correspondence was received on December 9, 1986, from Lisa Smith and other property owners stating their concerns and support for the appeal. Bakersfield, California, December 10, 1986 - Page 2 Mayor Payne declared the hearing open for public par- ticipation. The following spoke in favor of the appeal: Mel Yarrow, 5105 Silver Springs Lane; Lisa Smith, 5113 Marina Drive; Earl Keefer, 5608 Julie Street; Marilyn Muth; Tildon Chason, 5101 Silver Springs Lane; Richard Robinson, 1813 H Street. and The following spoke in opposition to the appeal: Alan R. Tubbs, Attorney with Sun Exploration and Production Company, Dallas, Texas; Robert Sterling, 6613 Caswell; and Mary Jane Wilson, of Evans, Carey and Crozier. No further protests or objections, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation. RECESS Mayor Payne recessed the meeting at 8:40 p.m. The meet- ing reconvened at 8:55 p.m. Councilmember Dickerson's motion to challenge the Chair failed by the following vote: Ayes: Noes: Absent: Councilmembers Christensen, Dickerson, Salvaggio Councilmembers Childs, Smith, Ratty, Moore None Councilmember Dickerson suggested to the Council that the proposed Sun Oil well site be moved south from its proposed location, and that the well hole be 1000 feet from the mobile home park. He also suggested this issue be referred back to the Board of Zoning Adjustment because of the many unanswered questions regarding fire suppression. Mr. Yarrow stated that if Sun Oil would move the well hole 200 feet south of the present proposed location, assure that all equipment remain south of the hole, the west side of the rig be insulated, and that Sun Oil build an enclosure for the pumping unit if it proves to be too noisy for the mobile home residents, that he would withdraw his appeal. Staff clarified their position regarding the pumping unit noise level, stating that the Conditional Use Permit require- ments specifying levels of sound that cannot be exceeded will be the standard used to determine the noise level on this well activity. Upon a motion by Councilmember Salvaggio, the call for the question was approved. Upon a motion by Councilmember Salvaggio, the final Environmental Impact Report and the final program Environmental Impact Report, and all mitigation measures identified in both Environmental Impact Reports as adequate and that all or a portion of mitigation measures are required and must be incorporated into project to void or substantially lessen the significant environ- mental effect to acceptable levels, was approved and certified by the following vote: Bakersfield, California, December 10, 1986 - Page 3 31) Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio Councilmember Dickerson None Smith, Ratty, Moore, Upon a motion by Councilmember Dickerson, the Conditional Use Permit was approved on the condition that the hole be moved 200 feet to the south; production equipment remain south of the hole; the west side of the rig be insulated; and condition (K), "that only hydraulic pumping units be used during the production phase of the project" be instituted with the stipulation that the hydraulic rig be enclosed according to noise level, by the fol- lowing vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Councilmember Dickerson stated he is basing the decision for this approval on Mr. Hardisty's representation that moving the designated well head location 200 feet to the south, as opposed to what was advertised, did not significantly i~npact anybody. He noted the fact that the Council approved the Environmental Impact Report subject to this well site. CORRESPONDENCE Upon a motion by Councilmember Ratty, communication from the City of Shafter, 320 James Street, Shafter, dated November 26, 1986, expressing their Council's support for Kern County's resolu- tion pursuant to clean air was received and placed on file. Mayor Payne agreed to send a letter of thanks to Mayor Zachary of the City of Shafter for his Council's support of Kern County's clean air resolution. Councilmember Christensen presented correspondence from Don and Anita Smithson, 1313 Duke Drive, regarding long-term parking of cars on their street and referred the matter to City Attorney Oberholzer. Upon a motion by Councilmember Moore, correspondence from James A. Roy, 305 Weather]y Drive, requesting the City review connection of his rental property, at 928 Castro Lane, to City services was received and referred to the Urban Development Committee. REPORTS Deferral of Report No. Committee regarding Consolidated the Council meeting of December 38-86 from the Budget and Finance Transportation Services Agency to 17, 1986. City Manager Caravalho presented an oral report from the Legislative Committee regarding comments pertaining to Department of Alcoholic Beverage Control hearings. Upon a motion by Councilmember Childs, an oral report by City Manager Caravalho, from the Legislative Committee, regarding comments pertaining to the Department of Alcoholic Beverage Control hearings was accepted and the City Manager was requested to write a letter to the Alcoholic Beverage Control Board supporting the hearings on the subject of alcoholic beverage marketing practices and also in support of regulation of certain marketing practices and promotions that foster the over consumption of alcoholic beverages, specifically, the marketing practices of two-for-one promotions, jumbo drink offerings, and contests and gaines involv- ing the consumption of alcoholic beverages or giving alcoholic beverages as an award or prize. 3O? Bakersfield, California, December 10, 1986 Page 4 City Manager Caravalho read Report No. 27-86 regarding the adoption of a Resolution to amend the 1986-87 Operating, Capital Improvements and Redevelopment Agency Budgets. On June 25, 1986, the City Council approved Resolu- tion No. 92-86 adopting the Fiscal Year 1986-1987 Operating, Capital Improvements and Redevelopment Agency Budgets for the City of Bakersfield. Since that time, the Council has taken a number of actions which have changed appropriations as originally stated in the budget. These include the appropriation of funds from Council Contingency, Special Assessment Bonds and financings, and the elimination of debt. Projects included in these changes include the Buena Vista Trunk Line (Laborde), the Outfall Line from the Treatment Plant No. 3, equipment acquisition financing, the facade program, the purchase of Harris and Akers Park, crime prevention at Lowell Park, the payment of the outstanding note for the American National Bank Building, toxic waste and underground tank remediation, and several other items addressed previously by the Council. As a matter of conformance to City accounting prac- tices and budgetary controls, it is necessary that the budget be amended to reflect these changes. A chronological listing of changes in appropriations is attached to the resolution for your information. The total net change in appropriations is as follows: Council Approved Requested Net 6/25/86 Amendment Change Operating $ 82,802,395 $ 83,639,507 $ 837,112 Capital 49,648,032 49,757,857 109,825 Improvements Redevelopment 1,896,987 2,623,687 726,700 Agency Total $134,347,414 $136,021,051 $1,673,637 Appropriations There are also items included in the resolution which need to be reclassii'ied to more appropriate account types, and a transfer of funds to the Self- Insurance Reserve. These will require review and Council approval. Therefore, I am requesting that the Council refer the attached resolution amending the Fiscal Year 1986-87 Operating, Capital Improve- ments and Redevelopment Agency Budgets to the Budget and Finance Committee for review prior to its adoption by the Council. Upon a motion by Councilmember Christensen, Report No. 27-86 from the City Manager regarding the adoption of a Resolution to amend the 1986-87 Operating, Capital Improvements and Redevelop- ment Agency Budgets was referred to the Budget and Finance Com- mittee. CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 3482 to 3799 inclusive, in the amount of $1,507,013.51. 3 Bakersfield, California, December 19, 1986 Page 5 b. Individual Grant Deeds (2) from Edythe Bloemer and Geri Bloemer Cooper. c. Dedication of Property: Street Right-of-Way Deed, Access Easement and Drain Line Easement from Truxtun Partners lo- cated north of Truxtun Avenue at Bahamas Drive. d· Notice of Completion and Acceptance of Work for the following projects: Resurfacing and Improving Terrace Way from So. P Street to So. Chester Avenue, Contract No. 86-53, was completed on November 21, 1986. Traffic Signal Systems on Gosford Road at Kroll Way and Camino Media, Contract No· 86-124, was completed on November 4, 1986. 3. Restroom and Kitchen Improvements at Fire Sta- tion No. 11, Contract No. 86-115, was completed on November 20, 1986. Traffic Signal Modifications on California Avenue at Stockdale Highway, Contract No. 86-125, was completed on November 25, 1986. Tract No. 4445, Phase A, located near Stockdale Highway and Allen Road, Improvement Agreement No. 85-154, was completed on November 21, 1986. e. Contract Change Order Nos. 11, 13, 25 and 30 for the Union Avenue Overhead. Upon a motion by Councilmember Childs, Items a, b, c, d and e of the Consent Calendar were adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson, Salvaggio Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilmember Childs, low bid of Gran- ite Construction in the amount of $68,906.00 for the Base Bid and Additions A, B and C, for construction of a parking lot addition at the Bakersfield Community House, was accepted, all other bids rejected and the Mayor was authorized to execute the Contract. Adoption of Resolution No. 186-86 of the Council of the City of Bakersfield deter- mining that certain central computer sys- tem equipment can be reasonably obtained from only one vendor and authorizing the Finance Director to dispense with bidding. Upon a motion by Councilmember Christensen, Resolution No. 186-86 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, 30, Bakersfield, California, December 10, 1986 Page 6 DEFERRED BUSINESS Adoption of Ordinance No. 3081 New Series of the Council of the City of Bakersfield adding Chapter 12.60 to Title 12 of the Bakersfield Municipal Code relating to Creation of Easements by Recorded Covenants. This Ordinance was given first reading at the meeting of December 3, 1986. Upon a motion by Councilmember Christensen, Ordinance No. 3081 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Smith, Ratty, Dickerson, Salvaggio Noes: None Absent: None Moore, Adoption of Ordinance No. 3082 New Series of the Council of the City of Bakersfield establishing certain limitations with re- spect to the Redevelopment Plan for the Downtown Redevelopment Project. This Ordinance was given first reading at the meeting of December 3, 1986. Upon a motion by Councilmember Moore, Ordinance No. 3082 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Adoption of Zoning Resolution No. 338 of the Council of the City of Bakersfield granting the appeal of James and Kathleen Faulkner from the decision of the Board of Zoning Adjustment denying a modifica- tion to permit a 6-foot high fence within the required front yard setback where the maximum fence height is 4 feet in an R-1 Zone on that property commonly known as 2100 "B" Street. Upon a motion by Councilmember Ratty, Zoning Resolution No. 338 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Adoption of Zoning Resolution No. 339 of the Council of the City of Bakersfield granting the appeal of James G. Bailey from the decision of the Board of Zoning Adjustment approving a Conditional Use Permit, with Condition No. 3, allowing a proposed hotel serving alcoholic bever- ages on the premises and providing live entertainment, amplified music, and per- mitting dancing, to locate within 500 I~I of ~esidential[v zoned property ~ertaln p~oper~ commonqy xnown ~ Bakersfield, California, December 10, 1986 Page 7 3 0 5 Upon a motion by Councilmember Ratty, Zoning Resolution No. 339 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmember Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, The City Council approved and implemented changes to the agenda process on August 6, 1986, and asked for a review in 90 days. During this time, we have been keeping track of suggestions for improvement from staff and Council. On the basis of those suggestions, I would recommend continuing the current process with the excep- tion of the following changes: a. Copy the Agenda in the traditional back-to-back style, using one staple in the left-hand corner. b. Provide a blue Memorandum in the packet identifying any item which did not meet the agenda deadline. This report was deferred from the Council meeting of December 3, 1986. Upon tions of Report agenda process a motion by Councilmember Childs, the recommenda- No. 26-86 from the City Manager regarding the 90-day evaluation were approved. NEW BUSINESS Adoption of Resolution No. 187-86 of the Council of the City of Bakersfield order- ing installation of curb, gutter, side- walk and connecting paving along Auburn Street between Eissler Street and Piper Way and along Eissler Street between Auburn Street and Eiss]er School, adja- cent to Assessor's Parcel 146-020-26. The City Engineer has determined that public convenience and necessity require the installation of these improvelnents along Auburn Street and Eissler Street. The hearing date is set for the Council meeting on January 7, 1987. Upon a motion by Councilmember Smith, Resolution No. 187-86 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Approve selection of Peat, Marwick, Mitchell & Co. as consultants and approve Agreement with Peat, Marwick, Mitchell & Co. for planning services for the Airpark Master Plan Update. Upon a motion by Councilmember Childs, selection and Planning Services Agreement with Peat, Marwick, Mitchell & Co., was approved and the Mayor was authorized to execute. Negative Declaration for City of Bakers- field State Park Bond Act Funds application for development of Greenfield Park. Bakersfield, California, December 10, 1986 - Page 8 Upon a motion by Councilmember Salvaggio, Negative Dec- ]aration for City of Bakersfield State Park Bond Act Funds appli- cation for development of Greenfield Park was adopted. Appropriate $4,000 General Revenue Sharing available fund balance to the General Ser- vices Budget for replacement of chairs in the Council Chambers. Upon a motion by Councilmember Moore, appropriation of $4,000 General Revenue Sharing available fund balance to the General Services Budget for replacement of chairs in the Council Chambers was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson Councilmember Salvaggio None Smith, Ratty, Moore, Adoption of Resolution No. 188-86 of the Council of the City of Bakersfield approv- ing purchase rate reduction for Series "A" Bonds for City of Bakersfield Assessment District No. 86-2. Upon a motion by Councilmember Ratty, Resolution No. 188-86 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, COUNCIL STATEMENTS Councilmember Moore congratulated Mayor Payne, Assistant City Manager Pulskamp and all who were involved in the presenta- tion that resulted in bringing the 1988 Police Olympics to Bakers- field. Upon a motion by Councilmember Moore, the Budget and Finance Committee was named the committee of action for the 19th Street Specific Plan and an appropriate water item is to be re- searched as part of that plan. A substitute motion by Councilmember Christensen to delay any action regarding inclusion of a fountain in the 19th Street Specific Plan until a report is received from staff was defeated. Upon a motion by Councilmember Smith, Larry Robinson, was reappointed to the Golden Empire Transit Board of Directors with the term expiring January 6, 1991. Jr. Councilmember Smith referred a request for a study on a crossing guard at the corner of Meadow Vista Court and Panorama Drive to Public Works Manager Hawley. Upon a motion by Councilmember Ratty, approval was for Councilmelnber Moore to assist Councilmember Ratty in his efforts on the Air Quality Control Board. given Councilmember Salvaggio made a motion that copies of any communication received from the Environmental Protection Agency or Kern County in regard to the Environmental Protection Agency will be provided to the Council. This motion was approved with Councilmember Dickerson absent. Bakersfield, California, December 10, 1986 Page 9 3(}7 Upon a motion by Councilmember Salvaggio, registration fee, hotel expense and per diem allowance will be paid to Council- member Salvaggio as the Bakersfield City representative for the County at a conference for the effective management of hazardous wastes to be held in January 1987. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Childs, the meeting was adjourned at 10:41 p.m. ATTEST: MAYOR of the City of Bakersfiffld, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California df