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HomeMy WebLinkAbout07/01/1992 MINUTES CCBAKERSFIELD CITY MINUTES MEETING OF JULY COUNCIL 1, 1992 CLOSED SESSION - 5:15 P.M. Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Medders, Councilmembers Edwards, DeMond, Smith, Brunni Peterson, McDermott, Salvaggio (seated at 5:20) None CLOSED SESSION Motion by McDermott to recess to City Manager's Conference Room for Closed Session at 5:20 p.m. APPROVED Closed Session pursuant to Government Code Section 54957 regarding City Manager recruitment. Closed Session pursuant to Government Code Section 54957.6 regarding 1992 Labor Negotiations with the City's Chief Negotiator, Bill Avery, regarding Fire unit and Fire Supervisory Unit negotiations. So Closed Session pursuant to Government Code Section 54956.9(b) (1) regarding potential litigation. Motion by Brunni to adjourn Closed Session APPROVED at 6:40 p.m. ~, ~4 Bakersfield, California, July 1, 1992 - Page 2 ~,)~ REGULAR MEETING - 7:00 P.M. - Council Chambers, city Hall 1501 Truxtun Avenue, Bakersfield INVOCATION by Reverend John Spurling, Pastor, First Assembly of God Church. 2. PLEDGE OF ALLEGIANCE ROLL CALL Present: Absent: Mayor Medders, Councilmembers Edwards, DeMond, Smith, Brunni Peterson, McDermott, Salvaggio None CLOSED SESSION ACTION (if any) Medders announced that no action was taken during Closed Session. PRESENTATION Medders presented a Proclamation to Bill Curren proclaiming July, 1992 as "Hemochromatosis Screening Awareness Month." CONSENT CALENDAR Approval of Voucher Nos. 11640 to 11952 inclusive, in the amount of $962,357.52. Notices of Completion and Acceptance of Work: Tract No. 5341 with East Hills Real Estate Corporation for subdivision improvements located at the southeast corner of La Costa Street and University Avenue. Contract No. 91-66 with Castle & Cooke Development Corp. for improvements on White Lane - Old River Road to Stockdale High School, completed June 1, 1992. Bakersfield, California, July 1, 1992 - Page 3 6. CONSENT CALENDAR continued ACTION TAKEN 3o fo Contract No. 92-39 with A-C Electric Company for traffic signal system on Old River Road at Stockdale Highway, completed June 23, 1992. Final Maps and Improvement Agreements: Final Map and Improvement Agreement with East Hills Real Estate Corporation Tract 5341, consisting of 82 lots on 26.74 acres. (Ward 3) 2 o Final Map and Improvement Agreements with True Spirit Homes and Centercal Properties, Inc. for Tract 5084, Phase 2, consisting of 101 lots on 36.44 acres located north of Stockdale Highway, west of Jenkins Road. (Ward 4) Agreement with the City of McFarland for Assignment of Surface Transportation Program (STP) Funds. Agreement with Tiburon Incorporated to provide maintenance services for the Computer Aided Dispatch System from July 1, 1992 through June 30, 1993. First Amendment to Agreement No. 87-18 with Nestle USA, Incorporated for excess sewerage treatment capacity charges at Wastewater Treatment Plant No. 3. Agreement with Westhoff-Martin & Associates for underwriting services (Assessment District 91-1 Hosking Trunk Line). Termination of Contract No. 92-72 with Ed Rogers for auctioneer services. Motion by McDermott to adopt Items (a) through (g) with the deletion of Item (h) of the Consent Calendar. AGR 92-140 AGR 92-141 AGR 92-142 AGR 92-143 AGR 92-144 AGR 92-145 AGR 92-146 DELETED APPROVED AB SMITH Bakersfield, california, July 1, 1992 - Page 4 7. PUBLIC STATEMENTS ACTION TAKEN Mark Griffith deferred his comments to speak under 11.g. Earnie Lorren deferred his comments to speak under 11.g. HEARINGS ao Protest hearing for the Calloway No. 4 Annexation and inclusion into the Greater Bakersfield Separation of Grade District. (Ward 4) Communication has been received from Colon G. Bywater, North Bakersfield Recreation & Park District, 405 Galaxy Avenue, dated June 9, 1992, in support of the annexation. No one spoke at Hearing. Closed. Hearing Motion by Brunni to adopt. RES 115-92 APPROVED AB SMITH bo Protest hearing for the Wible No. Annexation and inclusion into the Greater Bakersfield Separation of Grade District. (Ward 6) 11 Correspondence has been received from Louise Roberts, 1232 Terra Nova Boulevard, Pacifica, dated June 22, 1992, in opposition. No one spoke at Hearing. Hearing Closed. RES 116-92 Motion by McDermott to adopt. APPROVED Bakersfield, California, July 1, 1992 - Page 5 8. HEARINGS continued ACTION TAKEN Co Appeal hearing to consider revocation of Taxi Cab/Limousine Permit No. 6816. Lieutenant Cleo Blackburn, made a brief presentation. No one spoke at hearing. Hearing closed. Motion by DeMond to sustain Police Department findings. APPROVED REPORTS ao Water Board Report No. 1-92 regarding Statement of Water Resources Policy. Motion by Salvaggio to refer back to Water Board for potential addition of the issue to protect other Kern water interests. APPROVED lO. ACTION ON BIDS 11. DEFERRED BUSINESS ao Ordinance adding Chapter 15.79 to the Bakersfield Municipal Code relating to Density Bonuses and rescinding Resolution No. 68-82. bo Ordinance amending Section 4.04.040 of the Bakersfield Municipal Code relating to ward boundaries. (Ward 4) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 101-13 by changing the zoning of properties in the City of Bakersfield consisting of 5.60 acres generally located northwest of the intersection of Jewetta Avenue and Hageman Road from an R-1 Zone to an R-2 Zone (2.14 acres) and from an R-2 Zone to an R-1 Zone (3.46 acres). (Ward 4) ORD 3468 ORD 3469 ORD 3470 Motion by McDermott to adopt Items a, APPROVED b and d. Bakersfield, California, July i 1992 - Page 6 ~:~" 11. DEFERRED BUSINESS continued ACTION TAKEN Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-36 by changing the Land Use Zoning of 6,000 square feet along the north side of Park Way and east of Oak Street. (Ward 2) Motion by DeMond to adopt with the following changes and additions: Conditon 1. A six foot chain link with slat fence or block wall shall be constructed along the west side of the new alley, and a six foot block wall, four feet in the front, a yard setback, shall be constructed along the east side of the alley. Condition 3. The 10 foot area between the new alley and the property to the east shall be granted to the property owner to the east. Condition 5. The alley shall have a width of 20 feet of pavement. Condition 10. No access to or from the site shall be permitted from Parkway. ORD 3471 APPROVED NS MCDERMOTT BRUNNI PETERSON Zoning Resolution No. 407, upon the appeal of Patrick and Alexandra Dunn, upholding the Planning Commission decision recommending denial of a zone change from R-1 to P.C.D. for that site located between Columbus Street, State Highway 178, Wenatchee Avenue to 460 feet west of Loyola Street. (Ward 3) Motion by Smith to adopt. APPROVED NS PETERSON Bakersfield, California, July 1, 1992 - Page 7 11. DEFERRED BUSINESS continued ACTION TAKEN Resolution regarding a request by the Local Agency Formation commission to take legislative action on the proposed Annexation No. i to County Service Area No. 66 (east of Weedpatch Highway, south of Redbank Road). Motion by McDermott to send letter opposing Annexation No. 1 to County Service Area No. 66. APPROVED NS EDWARDS SALVAGGIO Substitute motion by Salvaggio to adopt Resolution and include "at this time." FAILED NS MCDERMO~U SMITH BRUNNI PETERSON go Traffic signal modification on L Street at Truxtun Avenue. (Ward 2) Mark Griffith, Field Investigator for Center for Contract Compliance, spoke regarding Antelope Valley Electric. Earnie Lotten, International Brotherhood of Electrical Workers, stated he did not feel the City should enter into a contract with Antelope Valley Electric because they are not responsible contractors. Motion by Salvaggio to reject all bids and re-bid. NAT Amended motion by Salvaggio to defer for two weeks and direct the Public Works Director and City Manager to meet directly with Center for Contract Compliance. APPROVED NS MCDERMOTT 12. NEW BUSINESS Ordinance amending Subsection D. of Section 2.72.130 of the Bakersfield Municipal Code relating to nepotism. FR Bakersfield, California, July 1, 1992 Page 12. NEW BUSINESS continued ACTION TAKEN Resolution of Intention No. 1095 declaring the city's intention to establish Maintenance District No. 1, Division 6, and setting time and place for hearing protests to the proposed district (Stockdale-Jenkins). (Ward 4) Motion by Brunni to adopt. APPROVED Brunni requested that a copy of the budget for proposed Maintenance District No. 1, Division 6, be provided to the full Council. Resolution preliminarily adopting, confirming and approving the Public Works Director's Report; setting the boundaries of the proposed district; 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. 1095, Stockdale-Jenkins). (Ward 4) Motion by Brunni to adopt. RES 117-92 APPROVED Resolution of Application proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 369, Hosking No. 4 Annexation located north of Hosking Avenue approximately 1,300 feet west of Union Avenue. (Ward 7) McDermott requested staff review Condition No. 8: City Bond Indebtedness. RES 118-92 Motion by Salvaggio to adopt. APPROVED Resolution providing for the collection of sewer charges by the County Tax Collector. RES 119-92 Motion by McDermott to adopt. APPROVED Bakersfield, California, July 1, 1992 - Page 9 12. NEW BUSINESS continued ACTION TAKEN Resolution 9roviding for the collection of refuse charges by the Kern County Tax Collector. Motion by DeMond to adopt. RES 120-92 APPROVED Resolution opposing enactment of the Delta Protection Act of 1992. Motion by Brunni to adopt. RES 121-92 APPROVED ho Resolution revising dates of Regular Council meetings set for August and September, 1992. Motion by Brunni to adopt. RES 122-92 APPROVED Resolution authorizing the issuance, sale and delivery, not to exceed $25,000,000, of the City of Bakersfield Hospital Revenue Bonds (Bakersfield Memorial Hospital), Series 1992A, and certain other actions in connection with the foregoing transactions. Motion by McDermott to adopt. RES 123-92 APPROVED ABBRUNNI j o Resolution amending the City of Bakersfield,s Implementation Procedures of the California Environmental Quality Act (CEQA). Motion by Brunni to refer to Planning Commission. McDermott asked that these changes be incorporated into the mandatory findings of significance to read as follows: "does the project have the potential to .... substantially reduce the habitat of official wild life species, cause official wild life population to drop below sustaining levels .... ,,, (insert) "'substantially reduce the number, .... of a rare endangered species;" eliminate "important examples of major periods of California history are pre-history." add "without an offsetting economic benefit to the community., NAT Bakersfield, California, July 1, 1992 - Page 10 ~;)~ 12. NEW BUSINESS continued ACTION TAKEN Amended motion by Brunni to refer to Planning Commission with the above recommended amendment. APPROVED NS EDWARDS SALVAGGID ABS DEMOND Resolution approving the Memorandum of Understanding setting salaries and related benefits for Captains of the Fire Department of the city of Bakersfield. Motion by Peterson to adopt. RES 124-92 APPROVED Motion by Peterson to transfer $83,700 from Council Contingency to the Fire Department Operating Budget within the General Fund. APPROVED Resolution approving the Memorandum of Understanding setting salaries and related benefits for Firefighters and Engineers of the Fire Department of the city of Bakersfield. Motion by Peterson to adopt Resolution and transfer $174,300 from Council Contingency to the Fire Department Operating Budget within the General Fund. RES 125-92 APPROVED Contract with Nationwide Company for auctioneer services for surplus items (not vice seizure). Motion by Salvaggio to not accept proposal from Nationwide Company for auctioneer services and to leave auctioneer services with Ed Rodgers. APPROVED NS MCDERMOTT Substitute motion by McDermott to accept proposal from Nationwide Company for auctioneer service with full compensation to be 7% of the gross amount sold and authorize the Mayor to execute the Contract. FAILED NS EDWARDS DEMOND SMITH BRUNNI SALVAGGIO Bakersfield, California, July 1, 1992 - Page 11 12. NEW BUSINESS continued ACTION TAKEN Changes in Taxicab Rate Fares. Motion by McDermott to refer to the Budget and Finance Committee and schedule a public hearing for July 15, 1992. APPROVED 1992-93 Legislative Platform. Motion by Smith to approve. APPROVED 13. COUNCIL STATEMENTS Motion by Brunni to referred the issue of roller blades on the Multi-Use Path to the Urban Development Committee to report back to the Council as soon as possible. Brunni referred to staff complaints from some of the members who served on the Community Advisory Committee to the CDDA, regarding the Downtown Hotel Project, and a report that has been circulated, and would like to ask for an investigation into some allegations that have been made. APPROVED Motion by McDermott to refer the issue of Council procedures to Legislative and Litigation Committee. APPROVED Bakersfleld, California, July 1, 1992 Page 12 ~ ~ ~ 14. ADJOURNMENT Motion by Brunni at 9:20 p.m. APPROVED MA the City of Baners[ield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA bz