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HomeMy WebLinkAbout05/06/1992 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 6, 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 (seated at 5:20), DeMond, Brunni (seated at 5:20), Peterson, McDermott, Salvaggio (seated at 5:20) Councilmember Smith 2. Emergency Preparedness. Assistant Chief McCarthy introduced Battalion Chief Lugo who presented an overview of the Fire Department's Emergency Preparedness System. Assistant Building Director Fidler introduced Electrical Specialist Combs and Civil Engineer Leonard who presented an overview of the Building Department's role in the Emergency Preparedness Program. CLOSED SESSION closed Session pursuant to Government Code Section 54956.9(b)(1) regarding potential litigation. AGR 92-119 Mayor authorized to sign the amended Settlement Agreement with Mr. Moreland Closed Session pursuant to Government Code Section 54956.9(a) regarding litigation in the case of City of Bakersfield rs. Valley Federal S & L Association. Motion by McDermott to recess to City Manager's Conference Room for Closed Session at 5:55 p.m. NAT APPROVED AB SMITH Bakersfield, California, May 6, 1992 - Page 2 CLOSED SESSION continued COUNCIL ACTION Motion by Peterson to adjourn Closed Session at 6:59 p.m. APPROVED AB SMITH REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield INVOCATION by Chaplain Ed Meissner, First Assembly of God Church. 2. PLEDGE OF ALLEGIANCE by Troop 316· ROLL CALL Present: Absent: Mayor Medders, Councilmembers Edwards, DeMond, Brunni, Peterson, McDermott, Salvaggio Councilmember Smith 4 o CLOSED SESSION ACTION (if any) City Attorney Lunardini announced the Closed Session action as reflected on Page 1 above. Bakersfield, California, May 6, 1992 - Page 3 5o PRESENTATION Medders presented a Proclamation to Public Works Director Schulz proclaiming May 17-23, 1992, as National Public Works Week in Bakersfield, and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing our public works, and to recognize the contributions that public works officials make every day to our health, safety and comfort. COUNCIL ACTION CONSENT CALENDAR Approval of Voucher Nos. 9378 to 9940, inclusive, in the amount of $1,561,024.24 and Self Insurance Voucher Nos. 2095 to 2230, inclusive, in the amount of $94,717.39. b. Communication from: Addison G. Wyman, 2528 Bay Street, received April 20, 1992, regarding the condition of the downtown area. (Receive and Refer to the City Manager) Irma Carson, Ebony Counseling Center, 1313 California Avenue, dated April 13, 1992, regarding Community Development Block Grant Application 1992-93. (Receive and Refer to Budget and Finance Committee) Thomas Farrell, 7900 Calle Torcido, received April 13, 1992, regarding the pushcart ordinance. (Receive and Refer to Urban Development Committee) Bakersfield, California, May 6, 1992 - Page 4 6. CONSENT CALENDAR continued COUNCIL ACTION do Grant of Easement to Southern California Gas Company for the relocation of gas regulating equipment and a vault within City owned canal right-of-way located on the south side of the Carrier Canal approximately 300 feet west of Mohawk Street. Final Map and Improvement Agreement with DeWalt Corporation for Tract 5573, Phase 2, consisting of 46 lots on 10.81 acres located east of Calloway Drive and south of Meacham Road. Notices of Completion and acceptance of work for: Contract No. 91-165 with Kenko, Inc., dba McGrand & Associates, for construction of Jewetta Trunk Sewer, Assessment District No. 90-1, completed March 17, 1992. Contract No. 91-275 with A-C Electric Company for traffic signal system on Pacheco Road at Stine Road, completed April 14, 1992. Contract No. 92-7 with A-C Electric Company for traffic signal system and wheelchair ramps on East California Avenue at South King Street, completed April 20, 1992. 4 o Contract No. 91-263 with Fruitvale Properties for Tract No. 5144, Unit I, located on the southeast corner of Hageman Road and Patton Way, completed April 20, 1992. DEED 3518 AGR 92-94 Bakersfield, California, May 6, 1992 - Page 5 6. CONSENT CALENDAR continued COUNCIL ACTION Approval of Plans and Specifications for: Traffic signal modification on "L" Street at Truxtun Avenue. Traffic signal modification on Oak Street at Palm Avenue. Construction of Hageman Road Bridge at Friant-Kern Canal and Culvert at Calloway Canal. Construction of the Hosking Avenue Trunk Sewer. Contract Change Order No. 7, to Contract No. 91-165 with Kenko, Inc., for the construction of the Jewetta Trunk Sewer. Agreement with City of Delano for Assignment of Surface Transportation Program (STP) Funds. Amendment No. 1 to Grant Agreement for Project No. 3-06-0323-05 with the Federal Aviation Administration for construction at the Bakersfield Municipal Airport. Cooperative Agreement with State of California for paving, irrigation system modification and plant replacement on Union Avenue medians. Expiration of Lease Agreement with Jim Borden for the Incentive Area Information Center. Accept bid for concert hall lighting system at the Convention Center (replacement) from Entertainment Lighting Services in the amount of $24,989.25. Appointment of Public Works Director to the Consortium Management Committee for the Interagency Fixed Guideway Passenger System Consortium for the Bakersfield-Kern County Metropolitan Area. REMOVED FOR SEPARATE CONSIDERATIC~ AGR 92-95 AGR 92-96 AGR 92-97 Bakersfield, California, May 6, 1992 - Page 6 6. CONSENT CALENDAR continued COUNCIL ACTION no Appropriation of $28,000 from the Seized Property Account to the Police Department Budget in the General Fund for the acquisition of specialized surveillance equipment. Appropriate $88,553 fund balance to Departmental Operating Budgets within Enterprise and Internal Service Funds for Miscellaneous Employee Salary Settlements. Motion by Brunni to remove Item 6.g. for separate consideration. APPROVED AB SMITH Motion by McDermott to adopt Items (a) through (o), with the exception of Item 6.g., of the Consent Calendar. APPROVED AB SMITH go Contract Change Order No. 7, to Contract No. 91-165 with Kenko, Inc., for the construction of the Jewetta Trunk Sewer. Motion by Brunni to approve. APPROVED AB SMITH PUBLIC STATEMENTS Wade H. Tavorn, in opposition to the proposed Ordinance amending the City's pension plan. Maurice Etchechury, Cuesta Engineering, in opposition to the proposed Resolution regarding the Western Rosedale Specific Plan. Bakersfield, California, May 6, 1992 - Page 7 8. HEARINGS COUNCIL ACTION Continued hearing on the appeal to the decision of the Planning Commission on Parcel Map 8096. (Jaco Oil) (Gosford and White Lane) Roy Saunders, Vice President Jaco Oil, the appellant, spoke. Hearing closed. Motion to uphold the appeal to allow the Gosford Road driveway to remain subject to the condition that either the driveway be modified to the satisfaction of the City Engineer to be ingress only or that the driveway allow egress if the median on Gosford Road is modified, as approved by the City Engineer, to prevent vehicles from entering the northbound left turn lanes from the driveway. Additionally, once the project is completed, the cash bond deposit on file with the City is to be returned to Jaco Oil. APPROVED AB SMITH MEDDERS Continued hearing for the purpose of considering a Resolution to rescind Resolution of Intention No. 1090 and Resolution No. 40-92 with regard to Maintenance District No. 3, Division 5 (McKee Road). No one spoke at Hearing. Hearing closed. Motion by McDermott to Adopt. RES 69-92 APPROVED AB SMITH BRUNNI MEDDERS Bakersfield, California, May 6, 1992 - Page 8 8. HEARINGS continued COUNCIL ACTION Hearing for the purpose of receiving input that identifies "unmet public transportation needs which could be reasonably met" within the City of Bakersfield. Dennis Fox outlined transportation needs. Hearing closed. Motion by Peterson to adopt Resolution finding that there are no "unmet public transportation needs which could be reasonably met." RES 70-92 RES 71-92 APPROVED ABS BRUNNI AB SMITH MEDDERS Motion by Peterson to adopt Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act Funds for Fiscal Year 1992-93. A~PROVED AB SMITH MEDDERS Motion by DeMond to refer to Kern Council of Governments a letter dated April 14, 1992, from Kern Regional Center regarding unmet transit needs, specifically with regard to Item 1) of the letter. APPROVED AB SMITH MEDDERS 9. REPORTS 10. ACTION ON BIDS Dual diesel engine street sweeper for Public Works. (replacement) Motion by DeMond to accept low bid from Haaker Equipment Company in the amount of $111,943.26. APPROVED AB SMITH MEDDERS Bakersfield, California, May 6, 1992 Page 9 11. DEFERRED BUSINESS COUNCIL ACTION ao Ordinance authorizing amendment to contract with the Board of Administration of the California Public Employees' Retirement System providing pensions for Local Miscellaneous members in accordance with Section 21251.132 of the California Government Code. (Miscellaneous Employees 2% at 55) Motion by Salvaggio to Adopt. 0RD3459 CON 92-98 APPROVED NS BRUNNI AB SMITH MEDDERS bo Ordinance amending Section 1.12.040 and 1.12.050 of the Bakersfield Municipal Code relating to ward boundaries. Motion by Peterson to Adopt. ORD 3460 APPROVED AB SMITH MEDDERS Resolution opposing the proposed Western Rosedale Specific Plan. Brunni read a letter into the record and made a motion to authorize the Mayor to sign on behalf of the Council. NAT Substitute motion by Edwards to refer this issue to the Urban Development for a proper response to the County. NAT Substitute motion by Peterson to refer the issue to the Intergovernmental Relations City Committee for a public hearing and to bring the appropriate response for Council. APPROVED NS EDWARDS AB SMITH Bakersfield, California, May 6, 1992 Page 10 11. DEFERRED BUSINESS continued COUNCIL ACTION fo go 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. Zoning Resolution No. 403 upon the appeal of Gregory Bynum overturning the Planning commission's denial of Zone Change No. 5122 at the southwest corner of Brimhall Road and Coffee Road from M-2 to C-2 Zoning. Zoning Resolution No. 404, upon the appeal of John Giumarra, Jr., upholding the appeal in part, amending payment of transportation impact fees and park land dedication for that site generally located between the Arvin-Edison Canal, Hosking Avenue, South "H" Street and State Highway 99. Zoning Resolution No. 405, upon the appeal of Maurice Etchechury, upholding the appeal in part, amending the legal description as approved by the Planning Commission for that site located at the northwest corner of South "H" Street and Hosking Road. Motion by McDermott to adopt Items e., f. and g. NAT APPROVED AB SMITH 12. NEW BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-32 by changing the Land Use Zoning of 22.9 acres located at the southwest corner of Brimhall and Coffee Roads from M-1 Zone to C-2 Zone. FR Bakersfield, California, May 6, 1992 - Page 11 12. NEW BUSINESS continued COUNCIL ACTION be Resolution approving a Memorandum of Understanding for the employees of the Association of Bakersfield Police Officers for salaries and related benefits, and adopting salary schedule. Motion by Peterson to adopt and transfer $114,910 from Council Contingency to Police Department Budget General Fund. RES 72-92 APPROVED AB SMITH Resolution of Intention No. 1092 declaring the City's intention to add territory to existing Maintenance District 1, Division 5, confirming and approving Public Works Director's Report, setting amended boundaries thereof, the fairness of the benefit formula, the amount of assessment levied against each parcel and setting time and place for hearing protests on the addition of territory to Maintenance District No. 1, Division 5. Motion by Brunni to Adopt. APPROVED AB SMITH Brunni requested the Public Works Director advise, before this comes back on June 2, 1992, what effect this additional territory being added to the District will cause on the existing District. Contract Change Order No. i to Contract No. 91-220 with Granite Construction Company for Airport Dust Control. Motion by Edwards to accept Bakersfield Airpark Advisory Committee Report and approve Contract Change Order not to exceed $160,000. APPROVED A~ SMITH Bakersfield, California, May 6, 1992 - Page 12 12. NEW BUSINESS continued COUNCIL ACTION Agreement with Nationwide Company for auctioneer services for seized assets. Motion by DeMond to approve. AGR 92-99 APPROVED AB SMITH Reward Strategy Group, Inc., Comprehensive Classification and Compensation Study Final Report. Motion by Peterson to receive and place on file. APPROVED AB SMITH go Transmittal of the 1992-97 Capital Improvements Program. Motion by McDermott to refer to the Planning Commission for conformance to the 2010 Plan. APPROVED AB SMITH One (1) appointment to the Central District Development Agency due to the expiration of term of Diane Dunn, term expired April 22, 1992. Medders recommended Linda Kober be appointed. Motion by McDermott to appoint Linda Kober to a 4-year term expiring April 22, 1996. 12. COUNCIL STATEMENTS McDermott thanked staff for completion of the Planz Road Bridge over Highway 99 and asked the Public Works Director to look at the striping. McDermott advised that as of January 1, 1992, the population estimate in Bakersfield is 188,251, which is a 4.3 percent growth rate. Bakersfield, California, May 6, 1992 - Page 13 12. COUNCIL STATEMENTS continued COUNCIL ACTION Motion by McDermott to refer to the Budget and Finance Committee to review the City parking services in order to determine if the City is providing everything it should be in its parking garages and if the appropriate rates are being charged. APPROVED AB SMITH Motion by DeMond to refer to the Personnel Committee the issue of revised job specifications for Wastewater Treatment Plant Operator. APPROVED AB SMITH Brunni requested the Budget and Finance Committee check into working out with the SPCA the implementation of a mechanism to release the names of pet owners to injured parties who may have been injured by a pet owner's animal or who may have injured another pet owner's animal. Brunni asked staff to inform her as to what happened and what is happening with regard to the sewer back-up which occurred in Campus Park North on April 5th and 6th. Brunni announced that May 16th is the Project Clean Air Rally at Bakersfield College. Brunni asked that the Boy Scout Troop 316 in the audience be identified. Edwards requested that the appointment to the Citizens Advisory Council be placed on the Agenda for the next Council meeting and that he would like to appoint James Sykes at that time. Salvaggio stated he appreciated receiving the update regarding our population estimate, and he asked staff to look into revising the numbers on the City Limit signs, as well as changing the location of those signs. Bakersfield, California, May 6, 1992 - Page 14 12. COUNCIL STATEMENTS continued COUNCIL ACTION Salvaggio asked staff to let the Council know how Bakersfield now compares in population to the other major cities in the State. Salvaggio requested a list be provided to the Council of the names and addresses of all of the hot dog vendors, as well as the other business people and hot dog vendors that were at a recent meeting with the City Attorney and the City Treasurer. DeMond requested that Norman Roberts be present at a Closed Session on May 20, 1992, regarding a personnel matter. Medders announced that he had left the meeting to present a proclamation to the Hall of Fame Banquet for Teachers in honor of outstanding teachers. 13. ADJOURNMENT Motion by Peterson at 8:20 p.m. APPROVED AB SMITH MAYOR of the City of Bakersfield, CA ATTEST: CITY an x fficio Clerk of the Council of the City of Bakersfield, CA ndw