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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 df