HomeMy WebLinkAbout11/05/1986 MINUTES CCBakersfield, California, November 5, I986
Minutes of the Regular Meeting of
City of Bakersfield, California, held in the
City Hall at 7:00 p.m., November 5, 1986.
the Council of the
Council Chambers of
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Chaplain Ed Meissner
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
CORRESPONDENCE
Upon a motion by Councilmember Smith, communication from
Joseph Zubia, 101 Bernard Street, dated October 23, 1986, request-
ing the installation of a street light on the west side of
Stockton Street and on the corner of the south side of Bernard
Street, was received and referred to the Public Works Department.
Upon a motion by Councilmember Christensen, communica-
tion from Waiter Cool, 5001 Appleblossom Dr. suggesting improve-
ments be made to the Amphitheatre in Beale Park, was received and
referred to the Auditorium and Community Services Committee.
REPORTS
Councilmember Childs, Chairman of the Budget and Finance
Committee, read report No. 31-86 regarding DBA Correspondence per-
taining to Parade Permits.
On October 29, 1986, correspondence from the
Bakersfield Christmas Parade Committee was referred
to the Budget and Finance Committee by the City
Council. The correspondence requested that the
permit fees be waived for their committee.
The Committee reviewed the request with staff and
expressed concerns regarding possible conflicts
between this request and the ordinance establishing
the cost recovery for City services. The ordinance
requires the recovery of a percentage of costs for
parade services provided by the Police and Public
Works Departments.
The Committee would like to note that the City has
been very supportive of the Christmas Parade in the
past and will continue to support this type of pos-
itive activity; however, the ordinance does not
allow the City to completely subsidize expenses
associated with this or any other parade.
Furthermore, the question of fairness and equity to
other groups who also have parades precludes any
preferential treatment for this particular event.
Once again, although this committee supports the
effort and dedication of those associated with the
Christmas Parade Committee and encourages the sup-
port of business and the community at large, we
cannot recommend that the fee for this parade and
any other parade be waived.
This committee recommends the acceptance and appro-
val of this report and the implementation of its
recommendations.
Bakersfield, California, November 5, 1986 - Page 2
Upon a motion by Councilmember Childs, the reading of
Report No. 31-86 from the Budget and Finance Committee regarding
DBA Correspondence pertaining to Parade Permits was accepted.
Ilo Scatena, a member of the Christmas Parade Committee,
spoke in reply to Report No. 31-86.
Upon a motion by Councilmember Childs, the recommenda-
tions of Report No. 31-86 from the Budget and Finance committee
regarding DBA Correspondence pertaining to Parade Permits were
implemented.
Community Services Director Paul Dow, presented City
Manager Report No. 25-86 regarding the status of Harris & Akers
Roads Park site Acquisition.
At the August 27, 1986 Council Meeting, the City
Council appropriated an additional $75,000 to go
with the previously budgeted amount of $256,000 for
the acquisition of a park site at the southeast
corner of Harris Road and Akers Road. At the fol-
lowing meeting of September 3, 1986, the Council
referred the issue of the method of acquisition of
the park site back to staff to continue to monitor
so that the City does not lose the grant; and that
the City insures the park site design progresses,
but not to proceed with the acquisition at this
time.
We have been monitoring the progress of the lawsuit
between the Delfinos and Homestead Development. At
the time of the September 3, 1986 Council Meeting,
the property owners were attempting to gain a rul-
ing from the Fifth District Court of Appeals that
would have brought about an early settlement to the
dispute and allow the City to begin negotiations
for the park site. We have recently learned that
this request was denied by the courts and now
appears it could be a year or more before the case
gets before a judge.
The design of the project has been progressing on
schedule. At this time, an overall master develop-
ment plan (a rendering) has been completed and we
plan to review it with Mrs. Sandra Campbell and a
group of residents from the Maintenance District
over the next couple of weeks. The preliminary
construction plans are presently being developed by
the Public Works Department and should be ready for
review by November 28, 1986. The final construe-
tion plans are expected to be completed by December
12, 1986. At that point we will submit the plans
to the State of California for approval. It could
take anywhere from two weeks to three months to get
State approval, depending on their workload at the
time.
Assuming we get approval from the State by mid-
March, we should be able to advertise for bidders
on the project and begin construction by June or
July of 1987. Because of the many varied trades
involved in the construction of a park, to get the
lowest construction costs we generally build a park
in phases, i.e. (separate contracts for concrete
work, utilities, irrigation system, security
lighting, grading, playground equipment and
planting). This process generally gives us a bet-
ter price but extends the construction period to 8
or 9 months. Also, the planting of turf in a park
Bakersfield, California, November 5, 1986 Page 3
should be done in the spring and there is little or
no chance to be ready for planting in the spring of
1987. I would expect the preceding schedule to be
accomplishable and we would have a completed park
in the spring of 1988. At the February 11, 1986
meeting at Sandrini School, we told the residents
if everything went perfectly on this project, it
could be completed in the late fall of 1987.
Based on the information we have at this time I
believe we have two choices:
We can acquire the property through condem-
nation, before July of 1987, and meet the sched-
ule outlined above; or
Delay acquisition of the park site until after
the settlement of the lawsuit between the prop-
erty owner and the developer. This could delay
the project a year or more and we could risk
losing the grant money that has been approved.
The State has indicated the chance of getting
an extension on the grant is good, but cannot be
guaranteed. Total grant money involved is
$227,000.
Based on the recent turn of events in the property
owner's lawsuit, I would recommend we take whatever
steps are necessary to acquire the site by July 1,
1987. It is my understanding it takes approxi-
mately 45 days to gain ownership of park property
through condemnation.
Upon a motion by Councilmember Moore, City Manager
Report No. 25-86, regarding the status of Harris & Akers Roads
Park Site Acquisition, was accepted.
Upon a motion by Councilmember Moore, the recommenda-
tions of City Manager Report No. 25-86, regarding the status of
Harris & Akers Roads Park Site Acquisition, were implemented with
an ammendment to stipulate a thirty day response time for the
City.
Councilmember Childs clarified his yes vote stating that
he is supportive of this action because of Councilmember
Dickerson's hard work, the positive report, and the timely work
that Staff did on this matter.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
a. Approval of Warrant Nos. 2611 to 2964 inclusive, in
the amount of $604,991.12.
b. Claims for Damages and Personal Injuries from the
following:
David Faircloth, 330 West Warren Street;
Judith Lynn Brown, 3434 Truxtun Avenue; and
David Carpenter, 9801Meacham Road.
(REFER TO CITY ATTORNEY)
Bakersfield, California, November 5, 1986 - Page 4
c. Dedication of Property:
Street right-of-way deed from Paola Land Company,
et. al., for a portion of the east half of Morning
Drive between Auburn Street and Panorama Drive.
Street right-of-way deed from Nick Paola
Estate, et. al., for a portion of the west
half of Morning Drive between Auburn Street
and Panorama Drive.
Sale and Quitclaim of mineral rights interest by the
City of Bakersfield to Robert J. and Delia F. Hudspeth
on City property located at the east side of Stine
Road between Pacheco Road and Harris Road.
e. Notice of Completion and Acceptance of Work on the
following:
1. Tract 4621, Improvement Agreement No. 83-127,
with Dickinson-Wadsworth Associates, located near
Fairfax Road and Royal Coach Circle.
Parcel Map No. 7310, Improvement Agreement No.
85-150, with Truxtun Partners, located near
Truxtun Avenue and Highway 99.
f. Applications for Encroachment Permit from the following:
John Slikker, Jr., Route 5, Box 501, for the con-
struction of a brick retaining wail and four foot
wrought iron fence on Highland Knolls and Shadow
Ridge to be located behind the sidewalk at 6813
Highland Knolls Drive.
Michael and Patricia Griffen, 1234 19th Street, for
the construction of awnings extending four feet into
the street right-of-way of 19th Street and "L" Street
at 1910 and 1912 "L" Street. The proposal has been
reviewed and approved by the Design Review Board.
Plans and specifications for the construction of
erosion control and irrigation system at Truxtun
Avenue Underpass and A.T.&S.F. Railroad.
Plans and specifications for construction of a
storm drain on Anita Lane from Ming Avenue to
490 feet north.
Contract Change Order No. 1 for construction of
street improvements on Ashe Road from Sanders
Lane to Stockdale Highway, Contract No. 86-114.
j. Contract Change Order No. 1 for a traffic signal system
on Wible Road at Valley Plaza Entrance, Contract No.
86-172.
Upon a motion by Councilmember Childs, Items a through
j of the Consent Calendar were adopted by the following vote·
Ayes: Councilmembers Childs, Christensen, Smith,
Dickerson, Salvaggio
Noes: None
Absent: None
Ratty, Moore,
Bakersfield, California, November 5, 1986 - Page 5
ACTION ON BIDS
Upon a motion by Councilmember Ratty, low bid of Ameri-
can Ammunition in the amount of $10,462.20 for practice ammuni-
tion, annual contract, was accepted, all other bids rejected, and
the Mayor was authorized to execute the Contract.
Upon a motion by Councilmember Christensen, low bid of
Groundwater Resource Industries/Multi-Construction, Inc., in the
amount of $19,483.00 for removing and disposing of ten abandoned
underground tanks at various locations on City-owned property, was
accepted, all other bids rejected, and the Mayor was authorized to
execute the Contract.
Upon a motion by Councilmember Ratty, Resolution No. 161-86
of the Council of the City of Bakersfield determining that certain
communication radios and pagers can be reasonably obtained from
only one vendor and authorizing the Finance Director to dispense
with bidding therefor was adopted by the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith, Ratty, Moore,
DEFERRED BUSINESS
Adoption of Ordinance No. 3074 New Series of
the Council of the City of Bakersfield amend-
ing Sections 17.60.030 18., 17.60.070 N.,
17.60.140 A. 6., 17.60.150 A. 3. a. d. and A.
7. a. d., 17.60.160 A. 4. a. e. and A. 8. a.
d., 17.60.170 A. 4. a. d. and A. 8. a. b.,
and adding Sections 17.60.110 0. and 17.60.260
F. 7. to the Bakersfield Municipal Code relat-
ing to Signs.
This Ordinance was given first reading at the meeting of
October 29, 1986.
Upon a motion by Councilmember Ratty, Ordinance No. 3074
New Series of the Council of the City of Bakersfield relating to
signs was adopted by the following vote:
Ayes: Councilmembers Christensen, Smith, Ratty, Moore,
Dickerson, Salvaggio
None
None
Councilmember Childs
Noes:
Absent:
Abstaining
Adoption of Ordinance No. 3075 New Series of
the Council of the City of Bakersfield desig-
nating Columbus Street and West Columbus
Street as the Official Names for all existing
streets on same alignment.
This Ordinance was given first reading at the meeting of
October 29, 1986.
Upon a motion by Councilmember Christensen, Ordinance
No. 3075 New Series of the Council of the City of Bakersfield des-
ignating Columbus Street and West Columbus Street as the Official
Names for all existing streets on same alignment was adopted by
the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith, Ratty, Moore,
Bakersfield, California, November 5, 1986 - Page 6
Adoption of Ordinance 3076 New Series of the
Council of the City of Bakersfield adding
Chapter 15.65 to the Bakersfield Municipal
Code providing for the responsibility of
Hazardous Materials release response plans and
inventory.
This Ordinance was given first reading at the meeting of
October 29, 1986.
Upon a motion by Councilmember Salvaggio, Ordinance No.
3076 New Series of the Council of the City of Bakersfield adding
Chapter 15.65 to the Bakersfield Municipal Code providing for the
responsibility of Hazardous Materials release response plans and
inventory, was adopted by the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith,
Ratty, Moore,
Adoption of Ordinance No. 3077 New Series of
the Council of the City of Bakersfield
amending Section 17.06.020 of Chapter 17.06
(Zoning Map) of the Municipal Code of the City
of Bakersfield regarding prezoning of property
known as Panama No. 7 Annexation.
This Ordinance was given first reading at the meeting of
October 29, 1986.
Upon a motion by Councilmember Salvaggio, Ordinance No.
3077 New Series of the Council of the City of Bakersfield, amend-
ing section 17.06.020 of Chapter 17.06 of the Municipal Code of
the City of Bakersfield regarding prezoning of property known as
Panama No. 7 Annexation, was adopted by the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith, Ratty, Moore,
NEW BUSINESS
Adoption of Resolution No. 162-86 of
Application of the Council of the City of
Bakersfield proposing Proceedings for
Annexation of Territory to the City of
Bakersfield identified as Annexation No.
311, Panama 7.
Upon a motion by Councilmember Christensen, Resolution
No. 162-86 was adopted by the following vote:
Ayes: Councilmembers Childs, Christens'en, Smith, Ratty,
Dickerson, Salvaggio
Noes: None
Absent: None
Moore,
Adoption of Resolution No. 163-86 of the
Council of the City of Bakersfield
strongly encouraging the County of Kern
to develop a program with the California
Air Resources Board towards attaining
desirable clean air standards.
Councilmember Moore presented correspondence from
Supervisor Mary K. Shell regarding this Resolution.
Bakersfield, California, November 5, 1986 - Page 7
Upon a motion by Councilmember Ratty, Resolution No.
163-86 was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvaggio
None
None
Smith,
Ratty, Moore,
Upon a motion
Ratty was designated as
the following vote:
by Councilmember
liaison between
Salvaggio, Councilmember
the City and Sacramento by
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith,
Ratty, Moore,
Adoption of Resolution No. 164-86 of the
Council of the City of Bakersfield
rescinding Resolution No. 127-86
"Determining unpaid assessments and pro-
viding for issuance of bonds in the mat-
ter of City of Bakersfield Assessment
District No. 86-2" and Resolution No.
128-86 "Awarding sale of bonds in the
matter of City of Bakersfield Assessment
District No. 86-2 and awarding sale of
Series A Bonds".
Bond counsel Richard Hargrove explained problems regard-
ing this and the following document and recommended adoption by
the Council.
Upon a motion by Councilmember Moore, Resolution No.
164-86 was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmembers Childs, Smith,
Councilmember Christensen
None
Councilmember Dickerson
Ratty, Moore, Salvaggio
Adoption of Resolution No. 165-86 of the
Council of the City of Bakersfield deter-
mining unpaid assessments and providing
for issuance of bonds in the matter of
City of Bakersfield Assessment District
No. 86-2 and providing for issuance of
Series A Bonds.
Upon a motion by Councilmember Moore, Resolution No.
165-86 was adopted by the following vote:
Ayes
Noes:
Absent:
Abstaining:
Councilmembers Childs, Smith,
Councilmember Christensen
None
Councilmember Dickerson
Ratty, Moore, Salvaggio
Adoption of Resolution No. 166-86 of the
Council of the City of Bakersfield,
approving the sale of Bonds in the matter
of the City of Bakersfield Assessment
District No. 86-2, awarding sale of
Series A Bonds, approving form of ofli-
cial statement and authorizing execution
of Purchase Contract.
Bakersfield, California, November 5, 1986 Page 8
Upon
was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmembers Chi]ds, Smith,
Councilmember Christensen
None
Councilmember Dickerson
a motion by Councilmember Moore, Resolution No. 166-86
Rally, Moore, Salvaggio
COUNCIL STATEMENTS
Councilmember Christensen requested a report t'rom the
Budget and Finance Committee regarding lighting on 17th Street.
Public Works Manager, Dale Hawley, responded on the sta-
tus of the Budget and Finance Committee meeting in regard to the
17th Street lighting.
Councilmember Dickerson inquired about the signalization
along Ming Avenue.
Public Works Manager, Dale Hawley, stated that signali-
zation along Ming Avenue is scheduled for the next Council Workshop.
Councilmember Dickerson extended his thanks to the
Council and all who were involved in the realization of' the Park
at Harris and Akers Roads.
Councilmember Ratty raised a question about synchroniza-
tion of lights on Gosford Road.
Public Works Manager, Dale Hawley, suggested this matter
be deferred until the next Council Workshop as the Trat't'ic
Engineer will be including that in his presentation.
City Manager Caravalho indicated
brought to the Council and referred to the
Relations Board because of the necessity of
County and State.
this issue would be
Inter-Governmental
coordination with the
Mayor Payne spoke of the article in the Bakersfield Cal-
ifornian regarding the relocation of pornography shops from down-
town areas to Pierce Road.
Mayor Payne nominated the following persons to the
Central District Development Agency:
William Paynter, Architect
Diane Dunn, Finance
Gary L. Minor, Attorney
Robert E. Watson, Developer
Richard Russell, Public Relations
Phyliss Patrick, Human Services
Mel Rubin, General Business
City Manager George Caravalho explained the Strategic
Plan in which representatives I'rom each department have been
involved. He asked iI' the Council would be interested in partici-
pating in a Strategic Planning session.
Councilmember Christensen requested an outline from Mr.
Caravalho stating the real purpose o/' the Council's involvement in
this process and what the end results would be.
Mayor Payne expressed his interest, but stated that it
would be impossible for him to give a straight eight hours to the
project.
Bakersfield, California, November 5, 1986 Page 9
ADJOURNMENT
There being no further business to come before the Coun-
cil, upon a motion by Councilmember Dickerson, the meeting was
adjourned at 8:25 p.m.
ATTEST:
MAYOR Or' th~ ~it-y'of'Ba'k~rst'ield,
Calif.
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
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