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
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