HomeMy WebLinkAbout07/16/1986 MINUTES CCBakersfield, California, July 16, 1986
Minutes of the regular
City of Bakersfield, California,
City Hall at 7:00 p.m., July 16,
meeting of the Council of the
held in the Council Chambers of
1986.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Reverend Steve Yeary
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Payne. Councilmembers Smith, Childs, Dickerson,
Moore, Ratty, Salvaggio
Absent: Councilmember Christensen
SCHEDULED PUBLIC STATEMENTS
Dode Perrin, Executive Director of the Arthritis
Association of Kern County, introduced Melo Mel who presented the
Mayor with a Melon Festival T-shirt and invited everyone to attend
the Melon Festival to be held on Sunday, July 20, between 11:00
a.m. and 4:00 p.m.
Larry Banks, 2007 William F. Halsey Avenue, requested a
zone change from C-2 to C-1 for the property at 2200 Panama Lane,
proposed for a bar; if that is not possible, he requested a
postponement of the building in order to ask the Alcohol Beverage
Control Board to have a study and public hearing on the matter.
Daniel Hanel, 1912 Raymond A.
concern regarding the traffic safety at
Highway 99 overpass.
Spruance Street, expressed
the Panama Lane and
Don Blankenship, 1909 Raymond A. Spruance Street, requested
Council's support in stopping the construction of the bar proposed
on Panama Lane.
Jack Bailey, Realtor, on behalf of Elmer F. Karpe, Inc.,
and John Moore, presented the Clerk with plot maps of the area,
and spoke in support of the bar proposed on Panama Lane.
Hershell Brown, 2708 Houchin Road, spoke in opposition
to the bar porposed on Panama Lane, and requesed Council send a
recommendation to the Alcohol Beverage Control Board that it not
be approved.
Stephen Vancil, 6116 Phyllis Street, spoke in opposition
to the bar proposed on Panama Lane.
Peggy Limi, 1901 Harry Yarnell Ct., spoke in opposition
to the bar proposed on Panama Lane.
Councilmember Salvaggio stated, for the record, he
received over 160 signatures of residents in the immediate area
protesting the establishment of the bar, and stated the people in
Admiral T. Square have the right to preserve the quality of their
neighborhood life.
Councilmember Salvaggio requested that the issue of the
bar proposed for Panama Lane be considered an emergency item and
requested a report from staff.
Planning Director Sceales outlined the location an
zoning of the property planned for the bar.
City Attorney Oberholzer outlined the alternatives
available to Council and recommended adoption of an Interim
Emergency Ordinance which would put limitations on the uses within
the existing C-2 zone.
Bakersfield, California, July 16, 1986 - Page 2
Upon a motion by Councilmelnber Salvaggio,
bar proposed at 2200 Panama Lane was considered an
matter.
the issue of
emergency
Councilmember Dickerson requested staff look into
the traffic implications regarding the location of bars near
freeways.
Upon a motion by Councilmember SalYaggio, Emergency
Ordinance No. 3060 of the Council of the City of Bakersfield pro-
hibiting bars and lounges of specific size, location and
character was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs,
Salvaggio
None
Councilmember Christensen
Dickerson, Moore, Ratty,
Upon a motion by Councilmember Salvaggio, the Emergency
Ordinance was referred to the Planning Commission for study and
recommendation.
CORRESPONDENCE
Upon a motion by Councilmember Childs, communication
from Bob A. Johnston, dated July 7, 1986, submitting his resigna-
tion from his position as Commissioner, Miscellaneous Civil Service
Board effective July 7, 1986, was received and placed on file.
Upon a motion by Councilmember Childs, communication from
Mainland Pacific ~Development Company, t'591~0 ¥ent~ra Blvd., Suite
A-62, Encino, dated July 7, 1986, requesting an Encroachment
Permit and Vacation of Easement located at 3001 Pierce Road, was
received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilmember Childs, communication
from Alta Engineering, 218 South "H" Street, dated July 8, 1986,
requesting Vacation of a 60-foot Wide Public Access Easement
located on the north side of College Avenue between Tangerine
Street and Valencia Drive, was received and referred to the
Planning Commission for study and recommendation.
Upon a motion by Councilmember Childs, communication from
Downtown Business Association, 1401 19th Street, Suite 101, dated
July 10, 1986, requesting their proposed 1986-87 Downtown Business
Association Budget, was received and referred to the Budget and
Finance Committee.
Upon a motion by Councilmember Moore, communication from
the Board of Realtors, dated July 2, 1986, regarding guidelines
for testing under the programs of the Fair Housing Services, was
received and referred to the Intergovernmental Relations Committee.
COUNCIL STATElYlENTS
Upon a motion by Councilmember Batty, the issue of
Assembly Bill 561 (Floyd) regarding Firefighter Cancer Presumption
was referred to the Legislative Committee for immediate action.
Councilmember Salvaggio indicated that he sent a letter
asking for additional information regarding the proposed Sand Creek
Golf Course Project, and requested that the information be made
available as quickly as possible in order that the Planning
Commission will have access to the information before the hearing
on the proposed project.
Councilmember Dickerson requested to see the City's
policies regarding Land Use.
Bakersfield, California, July 16, 1986 Page 3
REPORTS
Public Works Manager Hawley provided a report regarding
Seismic Survey Activities on City Property. He outlined and
recommended certain conditions for issuing a permit for geophysi-
cal testing. He recommended Ordinance No. 3018 be amended to
reflect the recommendations and the adoption of a Resolution
establishing a minimum fee of $300, plus $100 per mile.
Upon a motion by Councilmember Childs, Report from
Public Works Manager regarding Seismic Survey Activities on City
Property was accepted.
Councilmember Moore requested to be assured when
notified of the result of the Long Beach moratorium on all geophy-
sical surveys and how they adopted ~t, should the Council need to
reconsider their action.
Public Works Manager Hawley provided a report regarding
California Transportation Commission's involvement in Public
Transportation. He recommended that the City encourage the
California Transportation Commission to maintain a status quo.
Councilmember Moore made a motion to accept the Report
from the Public Works Manager regarding California Transportation
Commission's involvement in Public Transportation and maintain the
status quo. This motion was approved.
Councilmember Childs, Chairman of the Budget and
Finance Committee, read Report No. 24-86 regarding the SPCA
Contract as follows:
On July 9, 1986, correspondence from the Society
for the Prevention of Cruelty to Animals (SPCA) was
received and referred to this committee regarding
its notice of termination of the Contract for the
provision of animal control services to the City.
The major issue raised by the SPCA was the funding
of its budget request. This committee has met with
staff and representatives of the SPCA and discussed
the funding situation for the 1986-87 fiscal year
and also reviewed the proposed contract for the
continuation of animal control services by the
SPCA. The proposed Contract addresses the issues
of funding by the City as included in the 1986-87
budget totalling $285,000 and also the generation
of revenue through fees and charges by the SPCA
consistent with the City's ordinance relating to
the City's fee and service charge revenue/cost com-
parison system. It is anticipated that the SPCA
will generate approximately $30,000 in new fees and
charges during the first year of implementation.
The C~ty will be subsidizing 70% of the total cost
of providing animal control services the first year
of this agreement, and this subsidy will be reduced
to 60% over a period of four years. The committee
expressed concern about the continued growth in the
animal population and recommends that staff pursue
the development of a spay/neuter program in con-
junction with County animal control and local
veterinarians.
The proposed Contract meets the needs of the City
to provide quality proactive animal control ser-
vices while also meeting the goals of the SPCA for
adequate funding to provide these services.
Bakersfield, California, July 16, 1986 - Page 4
Therefore, this committee recommends that Council
accept and approve the recommendations made in th}s
report and authorize the Mayor to sign and execute
the Agreement with the SPCA for the purpose of pro-
viding animal control services.
Councilmember Childs made a motion
24-86 from the Budget and Finance Committee
Contract and implement the recommendations.
to accept
regarding
Report No.
the SPCA
Mayor Payne restated Councilmember Childs' motion to
accept Report No. 24-86 from the Budget and Finance Committee
regarding the SPCA Contract. This motion was approved.
Mayor Payne stated the second portion of Councilmember
Childs' motion to approve the recommendations with Report No.
24-86 from the Budget and Finance Committee. This motion was
approved.
CONSENT CALENDAR
Approval of Warrant Nos. 8681 to 8773 inclu-
sive, in the amount of $252,691.81; and,
Warrant Nos. 57 to 85 inclusive, in the amount
of $86,024.88.
b. Claim for Damages and Personal Injuries from
the following:
1. Steven and Carol Hoppel, 2100 Courtleigh
Drive, #D;
2. George E. Van Meter, 7400 E1Verano
Drive.
(REFER TO CITY ATTORNEY)
c. Dedication of Property:
Grant Deeds from Wayne Vaughn, Sr., and
Deed of Reconveyance from Gramercy
Mortgage Corporation for Drainage
Retention Basin within Tract No. 4444
located south of Stockdale Highway and
west of Allen Road.
Street Right-of-Way Deeds from Kern
County Union High School District and D.
W. Company, Project II, a Partnership;
Berdell L. Dickinson; and Robert A.
Wadsworth for portions of Charger Avenue
adjacent to Highland High School.
d. Notice of Completion and Acceptance of work on:
Resurfacing Golden State Avenue Frontage
Road, Contract No. 86-51, with Granite
Construction Company, from Elm Street to
"F" Street and 2Ist Street from Golden
State Avenue to "Q" Street.
Construction of improvements on Ming
Avenue, Contract No. 85-176, with
Griffith Co., between Wible Road and
Hughes Lane and Wlble Road between Wilson
Road and Ming Avenue.
Gosford Road resurfacing, Contract No.
86-65, with Granite Construction, between
Stockdale Highway and Ming Avenue.
Bakersfield, California, July 16, 1986 - Page 5
Tract Map No. 3933 Unit B, Contract No.
78-102, located at Panorama Drive and
Rancho Sierra Street.
Plans and Specifications for construction of
"Phase II - All Weather Access" portion of the
2,800 acre development project.
Application for Encroachment Permit from:
Bakersfield Country Club Development, Ltd.,
for the construction of a 4-foot high wrought
iron fence to enclose model sales homes to be
located behind the sidewalk at 6801, 6804, and
6808 Highland Knolls Drive and at 6801, 6809,
6901, and 6905 Autumn Ridge Drive.
Roger Penske Cadillac of Bakersfield, Inc.,
for the construction of raised automobile
display pads within a landscape and
public utility easement, behind the
street right-of-way, along Pacheco Road
at 2901Pacheco Road.
Water Availability Fees Agreement with Buena
Vista Company.
Upon a motion by Councilmember Childs, Items a, b, c, d,
e, f, and g of the Consent Calendar were adopted by the following
roll call vote:
Ayes: Councilmembers Smith, Childs,
Salvaggio
Noes: None
Absent: Councilmember Christensen
Dickerson, Moore, Ratty,
ACTION ON BIDS
Upon a motion by Councilmember Childs, low bids from
Sully and Sons (7 items), in the amount of $1,666.60, and Paul
Munroe Hydraulics (6 items), in the amount of $4,340.73 for
hydraulic parts were accepted and all other bids rejected.
Upon a motion by Councilmember Moore, usual bidding
requirments were dispensed with pursuant to Municipal Code Section
3.20.060, and the Finance Director was authorized to negotiate a
price not to exceed $8,000.00 for replacement parts for Sewage
Pump at Wastewater Treatment Plant #2.
Upon a motion by Councilmember Childs, low bid from
American Fence Co., in the amount of $24,855.00, for the annual
contract for fencing was accepted, the other bid rejected, and
Mayor was authorized to execute the contract.
the
Upon a motion by Councihnember Moore, low bid from A-1
Battery Co., in the amount of $8,368.16, for the annual contract
automotive batteries, was accepted, the other bid rejected, and
Mayor was authorized to execute the Contract.
for
the
Upon a motion by Councilmember Salvaggio, low bid from
Granite Construction, in the amount of $173,310.00, for the annual
contract for Type "B" Asphalt, was accepted, the other bid
rejected, and the Mayor was authorized to execute the Contract.
Upon a motion by Councilmember Moore, low bids from Kern
Rock Co. (1 item), in the amount of $25,440.00, and Granite
Construction Company (1 item), in the amount of $148,400.00, for
the annual contract for select road materials, were accepted, all
other bids rejected, and the Mayor was authorized to execute the
Contract.
Bakersfield, California, July 16, 1986 - Page 6
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.58.030 E. and adding
Section 5.58.045 of the Bakersfield
Municipal Code relating to Seismic Survey
Activities.
Adoption of Resolution No. 100-86 of the
Council of the City of Bakersfield
Setting Application Fees for Seismic Sur-
vey Activity Permits under Chapter 5.58
of the Bakersfield Municipal Code.
Upon a motion by Councilmember
No. 100-86 of the Council of the City of
by the following roll call vote:
Dickerson, Resolution
Bakersfield was adopted
Ayes: Counc
Noes: None
Absent: Counc
ilmembers Smith, Childs,
Salvaggio
ilmember Christensen
Dickerson, Moore, Ratty,
Adoption of Resolution No. 101-86 of
Council of the City of Bakersfield
approving Agreement and appointing
Financial Consultants for Assessment
District No. 86-2, (Buena Vista
Trunkline).
the
Upon a motion by Councilmember Moore, Resolution No.
101-86 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs,
Salvaggio
None
Councilmember Christensen
Dickerson, Moore, Ratty
Adoption of Resolution No. 102-86 of the
Council of the City of Bakersfield
approving Agreement and appointing finan-
cial consultants for Assessment District
No. 86-3, (Outfall P~peline).
Upon a motion by Councilmember Childs, Resolution No.
102-86 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Counc
Noes: None
Absent: Counc
ilmembers Smith, Childs,
Salvaggio
Jimember Christensen
Dickerson,
Moore, Ratty,
Adoption of Resolution No. 103-86 of the
Council of the City of Bakersfield
adopting sewer plans for Rosedale Plaza
and "K" Street and 2rid Street planned
sewer area and making findings relative
thereto.
Upon a motion by Councilmember Childs, Resolution No.
103-86 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, Dickerson,
Salvaggio
None
Councilmember Christensen
Moore, Ratty,
Bakersfield, California, July 16, 1986 Page 7
First Reading of an Ordinance of the
Council ot the City of Bakersfield
amending Section 16.32.060 D. of the
Bakersfield Municipal Code relative to
tees tot construction of Planned Drainage
and Sanitary Sewer Facilities pursuant to
adopted plans, and adding reference to
plans adopted for Rosedale Plaza and
"K" and 2nd Streets Planned Sewer Area.
Adoption of Resolution ot Intention No.
1009 of the Council of the City of
Bakersfield to establish Maintenance
District No. 15 (Automall).
Upon a motion by Councilmember
Intention No. 1009 ot the Council of the
adopted by the following roll call vote:
Ratty, Resolution of
City of Bakersfield was
Ayes: Councilmembers Smith, Childs,
Salvaggio
Noes: None
Absent: Councilmember Christensen
Dickerson, Moore, Ratty,
Adoption of Resolution No. 104-86 ot the
Council of the City of Bakerstield preli-
minarily adopting, confirming and
approving Public Works Manager's Report;
appointing time and place tor hearing
protests to the proposed District, the
boundaries thereof, the fairness of the
benefit formula, the amount of assessment
to be levied against each parcel, and the
reservation of right to perform work by
City forces (Resolution of Intention No.
1009), Maintenance District No. 15 (AUTO).
This Resolution sets the protest hearing for the Council
Meeting of August 6, 1986.
104-86 of
tollowing
Upon a motion by Councilmember Dickerson, Resolution No.
the Council of the City of Bakersfield was adopted by the
roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs,
Salvaggio
None
Councilmember Christensen
Dickerson, Moore, Ratty,
Adoption of Resolution of Intention No. 1010
of the Council of the City of Bakersfield to
establish Maintenance District No. 16
(Rancho Laborde).
Upon a motion by Councilmember Moore, Resolution of
Intention No. 1010 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs,
Councilmember Salvaggio
Councilmember Christensen
Dickerson, Moore, Ratty,
Bakersfield, California, July 16, 1986 Page 8
Adoption of Resolution No. 105-86 of the
Council of the City of Bakersfield pre-
liminarily adopting, confirming and
approving Public Works Manager's Report;
appointing time and place for hearing
protests to the proposed District, the
boundaries thereof, the fairness of the
benefit formula, the amount of assessment
to be levied against each parcel, and
the reservation of right to perform work
by City forces (Resolution of Intention
No. 1010), Maintenance District No. 16
(Rancho Laborde).
This Resolution sets the protest hearing for the Council
Meeting of August 6, 1986.
Upon a motion by Councilmember Childs, Resolution No.
105-86 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs,
Councilmember Salvaggio
Councilmember Christensen
Dickerson, Moore, Ratty
Adoption of Resolution of Intention No.
1011 of the Council of the City of
Bakersfield to establish Maintenance
District No. 17 (Silver Creek).
Upon a motion by Councilmember Ratty, Resolution of
Intention No. 1011 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Counci
Noes: Counci
Absent: Counci
lmembers Smith, Childs,
lmemher Salvaggio
lmember Christensen
Dickerson, Moore, Ratty
Adoption of Resolution No. 106-86 of the
Council of the City of Bakersfield preli-
minarily adopting, confirming and
approving Public Works Manager's Report;
appointing time and place for hearing
protests to the proposed District, the
boundaries thereof, the fairness of the
benefit formula, the amount of assessment
to he levied against each parcel, and the
reservation of right to perform work by
City forces (Resolution of Intention No.
1011), Maintenance District No. 17
(S~lver Creek).
This Resolution sets the protest hearing for the Council
Meeting of August 6, 1986.
Upon a motion by Councilmember Ratty, Resolution No.
106-86 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs,
Councilmember Salvaggio
Councilmember Christensen
Dickerson, Moore, Ratty
Modified Class Specifications for
Rig Operator (364).
Spray
Councilmember Dickerson requested staff review what
other cities are doing with regard to allergic reactions at parks
and golf courses as a result of the application of herbicides and
pesticides, and bring hack a report to Council.
Bakersfield, California, July 16, 1986 Page 9
10.,
Upon
Specifications
specifications
a motion by Councilmember Dickerson, Modified Class
for Spray Rig Operator (364) was approved and the
adopted.
Proposal to update City Resolution which
sets guidelines for the implementation of
the California Environmental Quality Act
(CEQA).
Upon a motion by Councilmember Childs, proposed Negative
Declaration and Resolution No. 107-86 of the Council of the City
of Bakersfield amending objectives, criteria and procedures and
the preparation of environmental documents, supplementary to
California Environmental Quality Act and the State CEQA Guidelines
and superseding City of Bakersfield Resolution No. 132-83, were
approved by the following roll call vote:
Ayes: Councilmembers Smith, Childs,
Salvaggio
Noes: None
Absent: Councilmember Christensen
Dickerson, Moore, Ratty,
Agreement with Kern Union High School
District, Sunrise Unlimited, and D-W
Company, Project II for the construction
of Charger Avenue and Royal Scotts Way
adjacent to High]and High School.
Upon a motion by Councilmember Smith, Agreement with
Kern Union Hlgh School District, Sunrise Unlimited, and D-W
Company, Project II for the construction of Charger Avenue and
Royal Scotts Way adjacent to Highland High School was approved and
the Mayor was authorized to execute the agreement.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Childs, the meeting
adjourned at 8:50 p.m.
MAYOR of the City oi' Bakersfield,
ATTEST:
CITY CLERK and Ex O'ficio Clerk of the Council
of the City of Bakersfield, California
Calif.
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