HomeMy WebLinkAbout04/22/1992 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 22t 1992
WORKSHOP
5:15 P.M.
Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
COUNCIL ACTION
Present:
Absent:
Mayor Medders, Councilmembers
Edwards, DeMond, Smith, Brunni
seated at 5:20), Peterson (seated
at 5:20), McDermott, Salvaggio
None
Progress Report on the West Rosedale
Specific Plan.
Planning Director Hardisty provided
background information regarding the West
Rosedale Specific Plan. He introduced
Principal Planner Gauthier who gave a
status report of the Plan.
Brunni requested staff draft a Resolution
from the Council to the County Board of
Supervisors indicating that 7-1/2 square
miles of the West Rosedale Specific Plan
of urbanization is not an efficient use of
taxpayers' money. She asked that the
Resolution be brought back to the Council
at the next meeting.
CLOSED SESSION
closed Session pursuant to Government Code
Section 54957.6 regarding the
Reclassification Study. (Reward Strategy
Group, Inc.)
Closed Session pursuant to Government Code
Section 54957.6 regarding 1992 Labor
Negotiations with the City's Chief
Negotiator Bill Avery regarding Fire Unit,
Fire Supervisory, and Police Unit, Police
Supervisory negotiations.
NAT
Accepted the
Police Unit a~
made a countel?
offer to Police
Supervisory
Bakersfield, California, April 22, 1992 - Page 2
CLOSED SESSION continued
COUNCIL ACTION
Closed Session pursuant to Government Code
Section 54956.9(b)(1) regarding potential
litigation.
Agreed to
modify the
Settlement
Agreement with
Terry ~oreland'
Motion by McDermott to recess to City
Manager's Conference Room for Closed
Session at 6:00 p.m.
APPROVED
Motion by DeMond to adjourn Closed
Session at 7:00 p.m.
APPROVED
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Troy Chastain, Elder,
First Assembly of God Church.
2. PLEDGE OF ALLEGIANCE
ROLL CALL
Present:
Absent:
Mayor Medders, Councilmembers
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
4 o
CLOSED SESSION ACTION (if any)
Medders announced the Closed Session
action as reflected on Page
5. PRESENTATION
Bakersfield, California, April 22, 1992 - Page 3
6. CONSENT CALENDAR
COUNCIL ACTION
Co
Approval of Voucher Nos. 8893 to 9377,
inclusive, in the amount of
$1,336,397.81 and Self Insurance
Vouchers Nos. 1995 to 2094, inclusive,
in the amount of $56,886.50.
Minutes of the Closed Session and
Regular Meeting of March 25, 1992,
and Workshop, Closed Session and
Regular Meeting of April 8, 1992,
approval.
for
Communication from:
Derrill Whitten, Jr.,
Cornerstone Engineering, Inc,
2505 "M" Street, dated March 23,
1992, submitting an application
to amend the Land Use Element of
the Bakersfield Metropolitan
Area General Plan for the
property located on the
northeast corner of Oswell
Street and Brundage Lane.
(Receive and Refer to Planning
Commission)
Thomas C. Fallgatter and James
Rowland, 5665 California Avenue,
Suite 16, dated February 12,
1992, requesting annexation of
property located at the
northwest corner of Stine Road
and McKee Road.
(Receive and Refer to Planning
Commission)
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, April 22, 1992 - Page 4
6. CONSENT CALENDAR continued
COUNCIL ACTION
Co 3.
J. B. Batey, Main Street
Properties, 4621 American Avenue,
Suite C, dated March 16, 1992,
submitting an application to
amend the Land Use Element of
the Bakersfield Metropolitan
Area General Plan for the
property located at the
northwest corner of Hageman and
Verdugo Roads.
(Receive and Refer to Planning
Commission)
4 o
Gregory G. Owens, DeWalt
Corporation, 2340 Niles Street,
dated March 27, 1992, submitting
an application to amend the Land
Use Element of the Bakersfield
Metropolitan Area General Plan
for the property located at the
southwest corner of Hageman Road
and Jewetta Avenue.
(Receive and Refer to Planning
Commission)
James K. Delmarter, Rickett,
Ward, Delmarter & Deifel,
2901 "H" Street, dated April 13,
1992, submitting an application
to amend the Land Use Element of
the Bakersfield Metropolitan
Area General Plan for the
property located south of McKee
Road between Stine Road and
Wible Road.
(Receive and Refer to Planning
Commission)
REMOVED FOR
SEPARATE
CONSIDERATION
Jake Wager, Economic Development
Director dated April 13, 1992,
concerning the 1992-93 Community
Development Block Grant
Application.
(Receive and Refer to Budget and
Finance Committee)
REMOVED FOR
SEPARATE
CONSIDERATIO~
Bakersfield, California, April 22, 1992 - Page 5
6. CONSENT CALENDAR continued
COUNCIL ACTION
Co 7o
Bakersfield SPCA, 3000 Gibson
Street, dated April 11, 1992,
regarding facility expansion.
(Receive and Refer to Budget and
Finance Committee)
Joel Heinrichs, Interim Director,
Kern County Public Works
Department, dated April 7, 1992,
regarding amendment to Agreement
No. 89-197 with County of Kern
for sewer maintenance and sewage
transport, treatment and
disposal. A portion of County
Service Area No. 71.
(Receive and Refer to Urban
Development Committee)
So
fo
Street Easement from Pacific Gas and
Electric Company granting additional
street right-of-way for Panama Lane
and South "H" Street at the southwest
corner of the intersection.
Full Reconveyance of Home Improvement
Loan in the name of William and Rosie
Robinson for property located at
911 8th Street.
Full Reconveyance of Home Improvement
Loan in the name of Javier S.
Gonzales, Jill Marie Gonzales,
Wallace B. Webster, and Gail W.
Webster for property located at
2615 California Avenue.
Maps and Improvement Agreements:
Final Map and Improvement
Agreement with Regional Mortgage
Company for Tract 5500,
consisting of 25 lots on 10.6
acres, located at the northwest
corner of Wible Road and
Stonecreek Avenue.
DEED 3513
DEED 3514
DEED 3515
AGR 92-77
Bakersfield, California, April 22, 1992 - Page 6
6. CONSENT CALENDAR continued
COUNCIL ACTION
Final Map and Improvement
Agreement with Mason, Carosella
& Camp for Tract 5444,
consisting of 8 lots on 2.5
acres, located east of Renfro
Road, south of Stockdale Highway.
Final Map and Improvement
Agreements with Castle & Cooke
Development Corporation for
Tract 5291, consisting of 20.85
lots on 27 acres, located
easterly of Grand Lakes Avenue
at Chamber Boulevard.
4 o
Improvement Agreement with
Castle & Cooke Development
Corporation for Parcel Map 9542,
consisting of 16 parcels on 22.4
acres, located easterly of
Haggin Oaks Boulevard between
Ming Avenue and Camino Media.
Final Map and Improvement
Agreements with Coleman Homes,
Inc., for Tract 5389, Phase 4,
consisting of 36 lots on 8.22
acres, located east of Akers
Road, south of Berkshire Road.
Notice of Completion and acceptance
of work for drilling, casing and pump
testing Ashe Water Well Nos. 28 and
29, located at 6200 Harris Road and
11200 Brimhall Road, respectively.
Approval of Plans and Specifications
for resurfacing portions of Monterey
Street, Chester Lane, Coffee Road,
Sandra Drive and White Lane.
Resolution ordering the summary
vacation of a portion of the Mercy
Way right-of-way (Mercy Hospital
southwest private entrance road) in
the City of Bakersfield.
Agreement with Pacific Gas and
Electric Company (P.G.&E.) for
relocation of power poles along
Coffee Road.
AGR 92-78
AGR 92-79
AGR 92-80
AGR 92-81
AGR 92-82
AGR 92-83
REMOVED FOR
SEPARATE
OONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATIOI;
Bakersfield, California, April 22, 1992 - Page 7
6. CONSENT CALENDAR continued
COUNCIL ACTION
Consent to Common Use between
Chevron U.S.A., Inc.,
Standard Gasoline Company and the
City of Bakersfield for construction
of a public street (Verdugo Lane).
First Amendment to Agreement
No. 90-90 with Federal Deposit
Insurance Corporation for deferred
construction required for Parcel Map
6868 (Harris Road).
Agreement with Bank of America
NT & SA for direct deposit services.
Award Annual Contract for title
services to Heritage Title Company in
the amount of $7,600.
Motion by Brunni to remove Items
c.2., c.5., c.6., j., k. and n. for
separate consideration.
AGR 92-84
AGR 92-85
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 92-86
APPROVED
Motion by McDermott to adopt Items
(a) through (o), with the exception
of Items c.2., c.5., c.6., j., k. and
n., of the Consent Calendar.
APPROVED
Thomas C. Fallgatter and James
Rowland, 5665 California Avenue,
Suite 16, dated February 12,
1992, requesting annexation of
property located at the
northwest corner of Stine Road
and McKee Road.
(Receive and Refer to Planning
Commission)
Bakersfield, California, April 22, 1992 - Page 8
6. CONSENT CALENDAR continued
COUNCIL ACTION
Co 5o
James K. Delmarter, Rickett,
Ward, Delmarter & Deifel,
2901 "H" Street, dated April 13,
1992, submitting an application
to amend the Land Use Element of
the Bakersfield Metropolitan
Area General Plan for the
property located south of McKee
Road between Stine Road and
Wible Road.
(Receive and Refer to Planning
Commission)
Resolution ordering the summary
vacation of a portion of the Mercy
Way right-of-way (Mercy Hospital
southwest private entrance road) in
the City of Bakersfield.
RES 65-92
Motion by McDermott to approve Items
c.2., c.5. and j.
APPROVED
AB BRUNNI
6°
Jake Wager, Economic Development
Director dated April 13, 1992,
concerning the 1992-93 Community
Development Block Grant
Application.
(Receive and Refer to Budget and
Finance Committee)
Motion by McDermott to approve.
APPROVED
AB EDWARDS
Agreement with Pacific Gas and
Electric Company (P.G.&E.) for
relocation of power poles along
Coffee Road.
Brunni asked staff to provide a memo
to Council when it is determined
whether the four poles being moved
are transmission or distribution
poles.
AGR 92-87
Bakersfield, California, April 22, 1992 - Page 9
6. CONSENT CALENDAR continued
COUNCIL ACTION
Agreement with Bank of America
NT & SA for direct deposit services.
Motion by Brunni to approve Items
k. and n.
AGR 92-88
APPROVED
PUBLIC STATEMENTS
Gale Francis, Greenfield Seniors,
presented the Mayor and Council with
complimentary tickets to a Bar-B-Que
being held May 16th from 11:00 a.m.
to 6:00 p.m.
Trish Sanderson, YWCA, submitted a
letter expressing urgent need for
CDBG Project Savings funds.
Harry Hackney regarding blowing sand
and dust at the Bakersfield Municipal
Airport.
HEARINGS
Continued hearing regarding amendment
to the Land Use Element of the
Bakersfield Metropolitan 2010 General
Plan and proposed environmental
documents concerning the following
area:
Segment V:
City of Bakersfield requests to amend
the Land Use Element consisting of a
change from LI to HMR on 29 acres,
LMR on 9 acres, LR on 100 acres and
GC on 25 acres, for that site
generally located between the Arvin-
Edison Canal, Hosking Avenue, South
"H" Street and State Highway 99.
RES 66-92
Bakersfield, California, April 22, 1992
Page 10
8. HEARINGS continued
COUNCIL ACTION
Planning Director Hardisty announced
a memo from him to Public Works
Director Schulz dated April 22
modifies some of the recommended
conditions, and a memo from him
to Council recommends changing the
acreage for the park site from 14
acres to 8 acres.
John Giumarra stated the two memos
embody the settlement that is
acceptable to him and suggested an
amendment to Item 6.e. of Mr. Schulz's
memo dated April 22, with regard to
the calculation of 33.8% of $150,000 =
$50,700 should be corrected to 33.8%
of $150,000 divided by 2 = $25,350.
Maurice Etchechury, Cuesta Engineering
and representing the Del Pappa family
advised they are in general agreement
with the staff recommendations.
Motion by Salvaggio to adopt
Resolution making findings, adopting
Negative Declaration with mitigation
listed in Exhibit "B" and approving
General Plan Amendment, Segment V, to
the General Land Use Element of the
Metropolitan Bakersfield 2010 General
Plan subject to conditions of approval
listed in Exhibits "A" and "D", as
modified by the April 22, 1992
memorandum from Ed Schulz to Jack
Hardisty, with the correction to the
calculation on Item 6.e., and the park
pursuant to that memo from Jack
Hardisty, Planning Director, to the
Mayor and Councilmembers.
APPROVED
Bakersfield, California, April 22, 1992 - Page 11
8. HEARINGS continued
COUNCIL ACTION
Continued hearing regarding an appeal
of the Planning Commission decisions
on Zone Change No. 5244 and Zone
Change No. 5247 (south of Panama Lane,
north of Hosking, between 99 Fwy and
So. "H" Street).
No one spoke at Hearing.
closed.
Hearing
Planning Director Hardisty stated
that the same comments that are
relevant to the General Plan
Amendment are also relevant to the
Zone Change, and that this Zone
Change is an implementation
ordinance putting in place the
previous decision by the Council.
Motion by Salvaggio to uphold the
decisions of the Planning Commission
with the exception that the traffic
impact fee schedule shall be the one
adopted by Ordinance No. 3429 and
with the same conditions as those
reflected in the General Plan
Amendment.
APPROVED
Hearing as required by Resolution of
Intention No. 1091 declaring the
City's intention to order the
establishment of Underground Utility
District No. 2, Division 24 (Stine
Road).
No one spoke at Hearing. Hearing
closed.
RES 67-92
Motion by Peterson to adopt. APPROVED
Bakersfield, California, April 22, 1992 - Page 12
8. HEARINGS continued
COUNCIL ACTION
Appeal hearing to the decision of the
Planning Commission denying Zone
Change No. 5122 (coffee Road and
Brimhall).
Planning Director Hardisty brought to
Council's attention a memorandum to
him from Public Works Director Schulz
dated April 22, 1992, revising the
conditions of approval relevant to
traffic impact fees.
Greg Bynum, the appellant, spoke.
Hearing closed.
Motion by Brunni to approve Negative
Declaration and uphold the appeal to
allow C-2 zoning subject to the
findings and conditions of approval
recommended by the Planning Director
in the memos dated April 7 and the
memo from the Public Works Director
dated April 22, 1992.
APPROVED
so
Hearing for consideration of the
Resolution finding that certain weeds
growing on properties in the City of
Bakersfield constitute a public
nuisance and directing the Chief of
the Fire Department to abate such
nuisance.
The properties located at: 337 S.
Haley; 608 S. Haley; 901 L Street;
423 S. Haley; 330 S. Brown; 3308 and
3204 Juniper Ridge.
No one spoke at Hearing.
closed.
Hearing
RES 68-92
Motion by Edwards to adopt. APPROVED
Bakersfield, California, April 22, 1992 - Page 13
8. HEARINGS continued
COUNCIL ACTION
Appeal hearing by Cheeseman's Towing
regarding revocation of towing permit.
Kevin Witte, Manager of Cheeseman's,
spoke in opposition to the staff
recommendation.
Hearing closed.
Motion by McDermott to (1) refer to
Urban Development to study the
ordinance regarding the transfer of
permits, (2) refer back to the Police
Chief to determine the qualifications
of Mr. witte to continue to operate
until a decision is made on this
regard and to hold off granting any
other permits until that decision is
made, and (3) reschedule a public
hearing on this at a date in the
future.
SEE BELOW
Substitute motion by Peterson to (1)
refer this matter to the Litigation
Committee, (2) refer to the Police
Chief the whole study which is going
on at Cal State and the recommendation
to the Litigation Committee, and (3)
continue Cheeseman Towing on the
rotational basis in the city's
rotational scheduling of tow trucks.
SEE BELOW
Motion by Edwards to divide the
substitute motion into three parts.
APPROVED
Substitute motion by Peterson to
refer the ordinance to the Legislative
and Litigation Committee.
APPROVED
NS MCDERMOTT
Substitute motion by Peterson to grant
the appeal.
FAILED
NS MCDERMdFI~?
EDWARDS
DEMOND
SMITH
Bakersfield, California, April 22, 1992 - Page 14
8. HEARINGS continued
COUNCIL ACTION
Motion by McDermott to refer the
qualifications of Mr. Witte to the
Police Chief for report and
recommendation back to the Council
in two weeks, and to reschedule the
hearing at a future date.
APPROVED
ABS EDWARDS
McDermott advised that the third
point of the substitute motion,
which was to refer the study to the
Police Chief and the Legislative and
Litigation Committee, was included
in the motion voted on originally to
refer the ordinance to the Committee.
9. REPORTS
10. ACTION ON BIDS
ao
Install traffic signal on Haley
Street at Panorama Drive.
Motion by DeMond to accept low bid
from Loop Electric in the amount of
$59,628.00.
CON 92-89
APPROVED
Bakersfield, California, April 22, 1992 - Page 15
175
11. DEFERRED BUSINESS
Memorandum of Understanding forming
the Interagency Fixed Guideway
Passenger System Consortium for the
Bakersfield/Kern County Metropolitan
Area.
Motion by McDermott to approve.
CON 92-90
APPROVED
Motion by Peterson that an item
arose after the Agenda was printed
and upon which action is required
was added to the Agenda at this time.
APPROVED
Motion by Peterson to appoint
McDermott as the Council
representative on the policy-making
committee in concert with the rest
of the cities in Kern County.
APPROVED
Zoning Resolution No. 401 granting a
Conditional Use Permit to allow a
recreational facility, including food
and beverage service, incidental
therapeutic service, and incidental
retail sales in an R-1 Zone located
at 3500 21st Street.
Motion by Peterson to Adopt.
APPROVED
Zoning Resolution No. 402 upon the
appeal of Dominic Eyherabide,
upholding the decision of the Board
of Zoning Adjustment to allow a
second dwelling unit under the same
roof in a proposed house to be built
at 10800 Pitts Avenue.
Motion by Smith to Adopt.
APPROVED
Ordinance amending Section 5.56.030
of Chapter 5.56 of the Bakersfield
Municipal Code relating to transient
outdoor businesses.
ORD 3457
Motion by Salvaggio to Adopt. APPROVED
Bakersfield, California, April 22, 1992 - Page 16
11. DEFERRED BUSINESS continued
COUNCIL ACTION
Ordinance amending Subsection A. of
Section 17.58.060 of the Bakersfield
Municipal Code relating to lighting
off-street parking areas.
Motion by DeMond to Adopt.
ORD 3458
APPROVED
Transferable dog license policy.
Motion by Smith to refer to staff for
implementation of policy.
APPROVED
12. NEW BUSINESS
Ordinance amending Section 1.12.040
and 1.12.050 of the Bakersfield
Municipal Code relating to ward
boundaries.
Approval of Change Order to Agreement
No. 90-65 with CET Environmental for
the cleanup of fuel contaminated soil
at the Rio Bravo Fire Station.
Motion by Smith to approve Change
Order and approve the appropriation
of $60,000 of the Risk Management
fund balance to the Risk Management
Operating Budget.
FR
APPROVED
AB SALVAGGIO
So
Agreements with Central District
Development Agency for purchase of
real property located at:
1325 19th Street (formerly the
American National Bank Building);
2022 "L" Street (formerly the
Mental Health Building); and
1212 19th Street (commonly known
as the 19th Street Parking Lot
adjacent to Hotel Bakersfield).
AGR 92-91
DEED 3539
AGR 92-92
DE~D 3538
AGR 92-93
DEED 3538
Motion by DeMond to approve. APPROVED
Bakersfield,
California, April
22, 1992 - Page 17
12. NEW BUSINESS continued
COUNCIL ACTION
Appropriation of State Department of
Conservation Grant Funds for
recycling roll-off containers.
Motion by Brunni to appropriate
$47,825 State Grant Revenue to the
Sanitation Operating Budget in the
Refuse Fund.
APPROVED
One (1) appointment to the Central
District Development Agency due to
the expiration of term of Diane Dunn,
term expiring April 22, 1992.
Medders requested the City Clerk
advertise this position again.
12~ COUNCIL STATEMENTS
McDermott asked Economic Development
Director Wager regarding the reason the
CDDA is holding back paying a property
tax bill to the County of Kern.
Brunni referred to Public Works Director
Schulz a letter from Jim Sears regarding
property in Ward 2.
Brunni asked Park Superintendent Fabbri
why the medians and streetscapes in
Maintenance District Nos. 3, 4, 5 and 6
have not been mowed.
Brunni asked to refer to the Legislative
and Litigation Committee a letter from
the Western States Petroleum Association
regarding alternate fuel vehicles.
DeMond responded that the letter has
already been referred to staff and
suggested waiting until Council has
received staff's response before
referring it to committee.
Bakersfield, California: April 22, 1992 - Page 18
12. COUNCIL STATEMENTS continued
COUNCIL ACTION
Peterson submitted to the City Clerk and
referred to the Public Works Department
a letter and photographs from James M.
Waldron regarding excessive speeds in the
Amberton neighborhood.
13. ADJOURNMENT
Motion by McDermott at 9:35 p.m.
APPROVED
MAYOR of the City kersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
ndw