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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. rg