Loading...
HomeMy WebLinkAbout02/05/1986 MINUTES CCBakersfield, California, February 5, 1986 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 7:00 p.m., February 5, 1986. the City of City The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Dr. Bob McNew of the First Assembly of God Church. A moment of silent prayer was held in memory of the astronauts who lost their lives in service to our country. The City Clerk called the roll as follows: Present: Mayor Payne. Absent: None Councilmembers Dickerson, Moore, Ratty, Salvaggio, Smith, Childs, Christensen MINUTES Upon a motion by Councilmember Salvaggio, the minutes of January 22, 1986, were amended to insert Councilmember Christensen's full statement verbatim into the minutes. Assistant City. Mayor Payne and Councilme~nbers recognized and thanked City Manager Russell for his 26 years of service to the PRESENTATION Mayor Payne presented a Key to the City and read a letter to Frank Lowder, Lowder Electric Inc., expressing appreciation for his efforts in helping the City acquire national and international recognition from the ASA Men's Class A Fast Pitch Baseball Tournament. CORRESPONDENCE Upon a motion by Councilmember Childs, communication from Taxpayers for Fair Responsibility, received January 27, 1986, requesting Council adopt Resolution supporting "Fair Responsibility Act of 1986" (reform of Deep Pocket Doctrine), was received and referred to the City Attorney. Upon a motion by Councilmember Christensen, communication from the Office of Criminal Justice Planning, 1130 "K" Street, Suite 300, Sacramento, dated January 23, 1986, regarding Governor's Victims Service Award Program, was received and referred to the Police Department. Upon a motion by Councilmember Salvaggio, communication from Sequoia Engineering, Inc., Bank of America Tower, 1430 Truxtun Avenue, Suite 909, dated January 16, 1986, requesting an amendment to the Land Use Element of the General Plan to rezone to Planned Commercial Development 11.3 acres, located on the south side of Columbus Avenue between Wanatchee Avenue and Loyola Court, was received and referred to Planning Commission for studiv and recommendation. Upon a motion by Councilmember Christensen, communication from Wayne L. Vaughn, Sr., P.O. Box 2353, dated January 30, 1986, requesting annexation of approximately 38 acres, located north of Stockdale Highway and west of Renfro Road, was received and referred to the Planning Department and Urban Development Committee. Bakersfield, California, February 5, 1986 - Page 2 COUNCIL STATEMENTS Councilmember Moore made a motion to refer the review of the City's annexation planning to the Intergovernmental Relations Committee. Upon a motion by Councilmember Childs, time was extended for further discussion. Upon a substitute motion by Councilmember Dickerson, conducting a workshop regarding the annexation policy of the City, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmembers Dickerson, Salvaggio, Councilmembers Moore, Ratty, Smith None Childs, Christensen, Councilmember Smith recognized the Cub Scout Pack 107, Duncan Low, Cubmaster, and Larry Hifand as Den Leader, and expressed appreciation for their attendance. Councilmember Ratty made a motion to refer fencing along canals in newly annexed areas to the Water Resources Committee for discussion and report back to the Council. This motion was unanimously approved. Councilmember Salvaggio nominated and made a motion to appoint Kenneth Ty Stillman, 7108 Tioga Court, to the Planning Commission. Councilmember Childs made a substitute motion to appoint Dr. Richard Graves, Cal State Bakersfield, to the Planning Commission. This motion was defeated by the following roll call vote: Ayes: Noes: Absent: Councilmembers Councilmembers None Dickerson, Childs, Christensen Moore, Ratty, Salvaggio, Smith Councilmember Kenneth Ty Stillman to following roll call vot Salvaggio's motion to nominate and appoint the Planning Commission was approved by the e: Ayes: Councilmembers Dickerson, Moore, Christensen Noes: Councilmember Childs Absent: None Ratty, Salvaggio, Smith, Councilmember Childs clarified his vote stating that it had nothing to do with Mr. Stillman's qualifications, but that he anticipates great problems with the Planning Commission because of a probable conflict of interest. Kenneth Ty Stillman, 7108 Tioga Court, Manager of Govern- mental Affairs and Lands for Nahama & Weagant Energy Co., expressed his appreciation for appointment to the Planning Commission. Councilmember Smith made a motion to direct staff to prepare a report on a proposal to dedicate a flagpole at the Airpark in commemoration of the Challenger Crew. Councilmember Dickerson requested an agenda item for the next Council meeting pertaining to the structure of Council meet- ings, including: frequency of Council meetings; day of the week; placement of public hearings on agenda; and an overall review of the agenda process. Councilmember Dickerson further stated he would like to alert Councilmembers that he would like to discuss these issues sometime in the future. Bakersfield, California, February 5, 1986 Page 3 RECESS Upon request of a Councilmember, the meeting was recessed at 7:50 p.m. The meeting was reconvened at 7:55 p.m. Upon a motion by Councilmember Moore, Councilmember Smith's recommendation to dedicate a flag pole at the Airpark in commemoration of the loss of the Challenger Crew, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmembers Dickerson, Moore, Ratty, Childs, Christensen None None Salvaggio, Smith, Councilmember Moore made a motion to authorize the Intergovernmental Relations Committee to discuss with their County counterpart annexation planning. Robert Whittemore, Formation Commission, spoke motion which would assist in Executive Director, Local Agency in support of Councilmember Moore's bringing about orderly growth. Councilmember Ratty made a motion to call for the question. Councilmember Moore restated the motion to offer and initiate discussions and dialogue about future annexation planning between the City and County, and allow it to be an agenda item before the Intergovernmental Relations Committee. Councilmember Ratty's motion to call for the question was approved by the following roll call vote: Ayes: Councilmembers Moore, Ratty, Salvaggio, Noes: Councilmembers Dickerson, Childs Absent: None Smith, Christensen Councilmember Moore's motion to offer and initiate discussions and dialogue about future annexation planning between the City and County, and allow it to be an agenda item before the Intergovernmental Relations Committee was approved with Councilmembers Childs and Dickerson voting no. Councilmember Childs clarified his vote stating that he is supportive of the issue going before the Intergovernmental Relations Committee, but is not supportive of it going before the workshop. Councilmember Dickerson clarified his vote stating that the Council should not be sending the wrong signals to the commu- nity and should get its house in order first. REPORTS Oral report from Police Department regarding Communica- tion Center Project was deferred to be heard under Action on Bids. City Manager Caravalho provided an overview of City Manager Report No. 3-86 regarding Mid-Year Report for Fiscal Year 1985-86. Upon a motion by Councilmember Dickerson, City Manager Report No. 3-86, regarding Mid-Year Report for Fiscal Year 1985-86, was accepted. Upon a motion by Councilmember Dickerson, communication from City personnel, 1001 17th Street, Suite A, dated September 27, 1985, regarding employment activities and problems in the General Services Electrical Division, was referred to the Personnel Committee. Councilmember Childs, Chairman of the Budget and Finance Committee, read report No. 4-86, regarding upgrade of Warner Cable System as follows: Bakersfield, California, February 5, 1986 Page 4 On December 11, 1985, the City Council referred to the Budget and Finance Committee for review a request for approval for Warner Communications, Inc. to reacquire American Express's 50% interest in Warner Amex Cable Communications, Inc. As part of this review, the committee met with John E. Southard, General Manager of Warner Amex, and Robert Ao Lau, Director of Community Affairs, from the cor- poration's national headquarters. The committee's review of this matter included consideration of the impact of this change in Warner Amex's ownership on the current status of services being provided by Warner Amex and on Warner Amex's proposed rebuild of their cable system. Warner has proposed to rebuild its Bakersfield/Kern County cable television system to provide a 400MHz, 54 channel capacity. This construction is anticipated to begin in April of 1986 and will take approximately three years to complete. The committee expressed the following concerns regarding the changes being proposed by Warner Amex. First, that Warner Amex provide the City with a more definite time- table of their proposed rebuild of the system, providing key dates for the planned phases of construction. Second, that Warner Amex improve its cooperation with the citizens of Bakersfield that are provided cable ser- vices by the company, particularly in the areas of pic- ture quality, customer service, and outages. Third, that they make improvements to or relocate their com- pany's facility to improve the appearance of their faci- lity. Finally, that they remedy a billing error brought to the attention of the committee where Warner Amex improperly billed those customers on their December-January billing cycle for a supplemental increase in service fees effective January 1, 1986. These customers should not have been billed for an increase after having paid for two months' service. After meeting with the representatives from Warner Amex and presenting our concerns, the committee requested a written response regarding these issues. Their written response, which is attached to this report, provides for the rebuilding of the cable system beginning in April of 1986 and taking approximately three years to complete. They indicate that they will properly brief both the City Council and the general public through the news media with an outline of the phases of the construction schedule and the most current estimates for the comple- tion of each of the phases. At that same time, they will present their detailed plan for on-going communica- tions with the City and their subscribers. They indicate that they will purchase and install a new phone system to improve customer service performance and are also planning the relocation and expansion of their company's administrative and customer service facility by September of 1986. The letter also states that the commitment to complete these projects will be assumed by Warner Cable Communications, Inc. when ownership trans- fers from Warner Amex Cable Communications, Inc. The representatives also agreed at our meeting to credit those accounts which are billed on the two-month December/January cycle for the error made in billing the January 1, 1986 increase. Therefore, this committee recommends that the request for Warner Cable Communications, Inc. to reacquire Bakersfield, California, February 5, 1986 - Page 5 American Express's 50% interest of Warner Amex Cable Communications, Inc. be approved contingent upon the agreement of Warner Cable Communications, In~ to pro- vide the items detailed in their letter of intent and their agreement to correct their billing error. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 4-86, regarding Upgrade of Warner Cable System, was unanimously accepted and the recommendations implemented. Deputy City Manager Strenn gave an oral report regarding the Argument in Support of Annexation, Pacheco No. 10. Upon a motion by Councilmember Ratty, the Mayor were designated to sign the Argument Annexation, Pacheco No. 10. two residents and in Support of CONSENT CALENDAR Approval of Warrant Nos. 4440 to 4809 inclusive, in the amount of $922,407.01. b. Claim for Damages and Personal Injuries from the following: David William Vargas, Sr., and Beatrice Mcintyre, 2109 Parkway; 2. Janet Butler, 600 Gay Street; 3. Gary A. Butler, 405 1st Street; 4. Janet Sue White (Westfair Cocktail Lounge), 253.$ Wible Road; 5. Riley J. Banks, 1115 Gorrill Street; REFER TO CITY ATTORNEY. c. Dedication of Property: Dedication of storm drain easement from Gestio, Inc. south of Panorama and east Columbus Street· of Dedication of water line easement, from Tenneco Realty Development Corp., along the north right-of-way line of Stockdale Highway between the Arvin-Edison and River Canals. Dedication of sewer line easements, from Tenneco Realty Development Corp. and Tenneco West, along the south right of way line of Brimhall Road between JewettaAvenue and Calloway Drive and along an extension of JewettaAvenue south of Calloway Drive· Dedication of sewer line easements, from David Burns Finlinson, et. al., at the northwest corner of Calloway Drive and Brimhall Road. 5. Grant Deed from U.S. Home Corporation for landscaping lots as required for the approval of Tract 476], Unit A. Relinquishment of Water Line Easement by quitclaim deed to DSL/Griffith II, a general partnership, and SAGA Property Management, a New York Corporation, an unused water line easement in the Fairhaven district adjacent to the Red Lion Inn. Bakersfield, California, February 5, 1986 Page 6 e. Maps and Improvement Agreements. Final Map and Improvement Agreement, with EPCO, Inc., for Tract 4831 for 42 lots on 8 acres located south of Panama Lane, west of Montclair Street. Notice of Completion and Acceptance of Work on: Parcel Map 7145, Contract No. 84-262, with Tenneco Realty Development Corp., located at Wible Road and Pacheco Road. Tract No. 4772, Contract No. 85-91, with Tenneco Realty Development Corp., located Ming Avenue and E1 Portal Drive· at Parcel Map No. 7481, Contract No. 85-66, with DS1/Griffith II, located at Rosedale Highway and Highway 99. g. Applications for Encroachment Permits from: Upon d, e, f, g, h, following roll Ayes: Counci Noes: None Absent: None Panama Union School District, 4200 Ashe Road, Bakersfield, for construction of a 6-foot high chain link fence behind the sidewalk area on Kleinpell Avenue at Van Horn School, 5501K]einpell Avenue. Edna Spencer and Edith I. Bradford, 1321 "N" Street, Bakersfield, for the construction of a roof overhang of 18 inches into the street right of way on California Avenue at 9ll and 913 California Avenue. Bert Justus, 2600 Sunset Avenue, Bakersfield, for the construction of a 6-foot wood fence along Pine Street and a 30-inch high wood picket fence along Pine Street and Sunset Avenue, behind the sidewalk, at 2600 Sunset Avenue. Approval of Plans and Specifications for: 1. Installation of parking signs in the downtown area. Construction on Wible Road and on White Lane for widening Wible Road between White Lane and Planz Road and for modifying traffic channelization at White Lane and E1 Potrero Lane by constructing a median island. Agreements to provide recreational activities for the following: Tennis Lessons Rosemary Frank. Karate Travis Self. Painting Class Barbara Gabel. a motion by Councilmember Childs, Items a, b, c, and i of the Consent Calendar, were adopted by the call vote: lmembers Dickerson, Moore, Ratty, Salvaggio, Smith, Childs, Christensen Bakersfield, California, February 5, 1986 Page 7 ACTION ON BIDS Upon a motion by Councilmember Moore, low bid from Kaweah Construction, in the amount of $436,770.00, for Repair of Primary Digester at Wastewater Treatment Plant 2, was accepted and the other bid rejected. The use of funds from the Wastewater Treatment Plant No. 3 Storage Reservoir Project and other savings was authorized, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Ratty, low bid from Paxin Electric, Inc., in the amount of $53,348.00, for Traffic Signal Systems on Gosford Road at Westwold Drive, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Smith, low bid from Paxin Electric, Inc., in the amount of $81,583.00, for Traffic Signal Systems on Auburn Street at Columbus Street, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Smith, low bid from Credence Construction, in the amount of $96,437.76, for University Area Storm Drain from Camden Street to Panorama Drive, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Salvaggio, low bid from San Diego Fire Equipment Co., in the amount of $32,420.21, for fire hose, was accepted and the other bid rejected. REPORTS CONTINUED Police Chief Price reported on the Communications Center Project equipment and its purpose. He recommended that Council transfer $11,000 from Account 58-342-77500 and $59,000 from Council Contingency to Account 58-79975-731-0644, for a Logging Tape Recorder System and ten recorders. ACTION ON BIDS CONTINUED Upon a motion by Councilmember Childs, usual bidding requirements were dispensed with in accordance with Section 3.20.060 of the Municipal Code; Finance Director was authorized to negotiate a price, not to exceed $70,000 with Dictaphone Corp., and Communication Marketing Corp.; and transfer $11,000 from Account 58-342-77500 (Signal and Communications Equipment) and $59,000 from Council Contingency to Account 58-79975-731-0644 (prior year's Signal and Communications Equipment) for logging tape recorder system and ten recorders for the Emergency Communication Center, by the following roll call vote: Ayes: Councilmembers Dickerson, Moore, Ratty, Childs, Christensen Noes: None Absent: None Salvaggio, Smith, DEFERRED BUSINESS Adoption of Ordinance No. 3013 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by Changing the Land Use Zoning of those certain properties in the City of Bakersfield bounded by Gosford Road on the west, Southern Pacific Railroad on the north, Arvin-Edison Canal on the east and Panama Lane on the south. Bakersfield, California, February 5, 1986 - Page 8 This Ordinance was given first reading at the meeting of January 22, 1986. Upon a motion by Councilmember Christensen, Ordinance No. 3013 New Series of the Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmembers Dickerson, Moore, Ratty, Childs, Christensen Noes: None Absent: None Salvaggio, Smith, Adoption of Ordinance No. 3014 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by Changing the Land Use Zoning of those certain pro- perties in the City of Bakersfield com- monly known as 6400 through 6416 (even only) Castleford Street. This Ordinance was given first reading at the meeting of January 22, 1986. Upon a motion by Councilmember Christensen, Ordinance No. 3014 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Noes: None Absent: None Dickerson, Moore, Ratty, Childs, Christensen Salvaggio, Smith, Adoption of Ordinance No. 3015 New Series of the Council of the City of Bakersfield Amending Title Seventeen of the Bakersfield Municipal Code by Changing the Land Use Zoning of those certain pro- perties in the City of Bakersfield com- monly known as 2101 Akers Road and 4101 Ardmore Avenue. This Ordinance was given first reading at the meeting of January 22, 1986. Upon a motion by Councilmember Christensen, Ordinance No. 3015 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Dickerson, Moore, Ratty, Childs, Christensen None None Salvaggio, Smith, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield Amending Title Seventeen of the Bakersfield Municipal Code by Changing the Land Use Zoning of those certain pro- perties in the City of Bakersfield com- monly known as 2400 and 2408 Brundage Lane and 23 "A" Street. Bakersfield, California, February 5, 1986 - Page 9 First Reading of an Ordinance of the Council of the City of Bakersfield Amending Title Seventeen of the Bakersfield Municipal Code by Changing the Land Use Zoning of those certain pro- perties in the City of Bakersfield located 190 +/- feet south of Ream Place and 240 +/- feet north of McC]eary Way. Contract and budget transfer of $45,000 for an EIR on drilling of oil wells south of Planz Road and west of Highway 99. Upon a motion by Councilmember Childs, the budget transfer of $45,000, from the Council Contingency Fund to the Department of Development Services, for an E1R on drilling oil wells south of Planz Road and west of Highway 99, was approved and the Mayor was authorized to execute the contract by the following roll call vote: Ayes: Noes: Absent: Councilmembers Dickerson, Moore, Ratty, Salvaggio, Childs, Christensen None None Smith, Amendment to the Sphere of Influence. The Local Agency Formation Commission (LAFCO) has requested that the City eliminate Oildale from its Sphere of Influence and make other boundary changes. The Planning Commission reviewed this item at their January 16, 1986 meeting and forwardedit to the City Council with a 3-3 vote. to the vote Ayes Noes Absent: Upon a motion by Councilmember Dickerson, the Amendment Sphere of Influence was approved by the following roll call Councilmembers None None Dickerson, Moore, Ratty, Salvaggio, Childs, Christensen Smith, Reexamination of processing fees tions. City Policy concerning for uninhabited annexa- Refer to memorandum dated January 17, 1986, from Planning Director to Deputy City Manager-Development Services. Councilmember Childs made a motion to refer the reexami- nation of City Policy concerning processing fees for uninhabited annexations to the Urban Development Committee. Upon a substitute motion by Councilmember Dickerson, the discussion of the reexamination of City Policy regarding process- ing fees for uninhabited annexations relative to the workshop was defeated. Councilmember Childs' motion to refer the reexamination of City Policy concerning processing fees for uninhabited annexa- tions to the Urban Development Committee, was approved. Approval of Consent and Waiver for City of Bakersfield, California Revenue Bond (Heritage Convalescent Center Project) Series 1985 $2,000,000. Bakersfield, California, February 5, 1986 Page 10 On December 27, 1985 the City of Bakersfield authorized the issuance of Revenue Bonds for the Heritage Convalescent Hospital Project. The agreement provided that no funds may be released for a 60-day period following the issuance of the bonds. The Borrower, Newport Federal, requests that the City allow the distribution of $238,250 for Land Acquisition, Architect's Fees, and State of California - Plan Check and Building Permit Fees. Upon a motion by Councilmember Smith, the Mayor was authorized to execute Consent and Waiver for City of Bakersfield, California Revenue Bond (Heritage Convalescent Center Project) Series 1985 $2,000,000 by the following roll call vote: Ayes: Councilmembers Dickerson, Moore, Ratty, Childs, Christensen Noes: None Absent: None Salvaggio, Smith, Request from William McClure for recon- sideration of conditions for Special Sign Permit #152 for Rio Mirada Motor Inn located at 4500 Pierce Road. The City Council at their meeting on May 15, 1985, approved this sign as requested with a condition that it would be subject to the same abatement requirements as other legal noneon- forming signs in the immediate area. Councilmember Moore made a motion to approve Special Permit #152 for Rio Mirada Motor Inn, 4500 Pierce Road, with a maximum height of 75 feet and maximum area of 350 square feet. This motion was approved by the following roll call vote: Sign Ayes: Noes: Absent: Councilmembers Dickerson, Moore, Ratty, Childs, Christensen None None Salvaggio, Smith Reconsideration of conditions for Special Sign Permit #158 for Del Taco Restaurant located in the Gemco Shopping Center. The Council approved this sign at their meeting on May 22, 1985, with a condition that it was subject to the same abate- ment requirements as two (2) other signs located in this shopping center. The existing ordinance limits the property to one pylon sign after July 14, 1986. Consequently, this sign would have to be removed by that date. The applicant is requesting relief from this condition. Upon a motion by Councilmember Moore the request for reconsideration of conditions for Special Sign Permit #158 for Del Taco Restaurant located in the Gemco Shopping Center was denied by the following roll call vote: Ayes: Noes: Absent: Councilmembers Moore, Ratty, Smith, Childs, Councilmembers Dickerson, Salvaggio, Christensen None Request to establish Agenda for Special Meeting of the Council to be held at Sandrini Elementary School at 7:00 P.M., February 11, 1986. Councilmember Moore made a motion that the Council Meeting to be held in Ward 6 at Sandrini School be information type items and dialogue, and that no action be taken. Upon a motion by Councilmember Moore, the call for the question was approved. Bakersfield, California, February 5, 1986 - Page 11 Councilmember Moore's motion that the Council Meeting to be held in Ward 6 at Sandrini School be information type items and dialogue, and that no action be taken, was approved by the followini~ roll call vote: Ayes: Noes: Absent: Councilembers Moore, Ratty, Salvaggio, Smith Councilmembers Dickerson, Childs, Christensen None City Manager Caravalho introducted Kenneth Pulskamp as the new Assistant City Manager. Councilmember Dickerson made a motion to direct the City's Negotiator to take no further action until he confers with the Council. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmembers Dickerson, Salvaggio, Councilmembers Moore, Ratty, Smith None Childs, Christensen Councilmember Childs made a motion to hold a Special Meeting of the Council at the first available date, after proper notice. This motion was unanimously approved. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Childs, the meeting was adjourned at 9:20 p.m. MAYOR of the City of BakerSfield, Calif. ATTEST: l/ · , < / - / ' CITY CL~RK'h~d EX off'icio Clerk of the Council of the City of Bakersfield, California CW:rg