HomeMy WebLinkAbout07/15/1992 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 15, 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
None
2 o
CLOSED SESSION
Motion by DeMond to recess to City
Manager's Conference Room for Closed
Session at 5:15 p.m.
APPROVED
Closed Session pursuant to Government
Code Section 54957 regarding a
personnel matter.
CITY
AUTHORIZED TO
ASSIGN ONE
ASSISTANT
ATTORNEY TO
THE DISTRICT
ATTORNEY ' S
OFFICE FOR A
PERIOD OF
MONTHS FOR T~E
P~DSECUTION OF
MISDEMEANOR
CASES
Motion by Peterson to adjourn Closed APPROVED
Session at 5:55 p.m.
Bakersfield, California, July 15, 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
ACTION TAKEN
CLOSED SESSION ACTION (if any)
City Attorney Lunardini announced Closed
Session action for item a. as reflected on
Page 1.
Results of Closed Session held July
3, 1992 regarding tentative offer to
hire Mr. Alan Tandy as City Manager.
OFFICIAL
ANNOUNCEMENT
OF NEW CITY
MANAGER, MR.
ALAN TANDY
PRESENTATION
Introduction of Mr. Alan Tandy, newly
appointed City Manager.
Vice Mayor McDermott introduced Mr.
Alan Tandy, to start as the new City
Manager August 17, 1992.
Mr. Tandy spoke.
Councilmember Salvaggio presented
newspaper articles to Mr. Tandy
regarding Tandy's moving to
Bakersfield, state budget and the
City of Bakersfield.
Councilmember Brunni welcomed Mr.
Tandy to Bakersfield and to her ward.
Bakersfield, California, July 15, 1992 - Page 3
5. PRESENTATION continued
ACTION TAKEN
City of Bakersfield proposal to the
National Music Foundation.
Vice Mayor McDermott spoke regarding
the Centennial Committee that was
formed to start looking at projects to
help the City celebrate its upcoming
100th anniversary in 1998. The City
has submitted a proposal to become the
National Music Center for the National
Music Foundation. City of Bakersfield
has been named one of 19 semi-finalists.
Annabelle Cahn, Consulting Executive
Director, Arts Council of Kern, was
introduced as helping spearhead this
project. She was recognized to speak
and presented correspondence.
6 o
CONSENT CALENDAR
Approval of Voucher Nos. 11953 to
12522 inclusive, in the amount of
$5,242,629.21 and Self Insurance
Voucher Nos. 2632 to 2758 inclusive,
in the amount of $84,888.07.
bo
Minutes of the Special Meeting of
June 17, Special Meeting of June 19,
and Closed Session and Regular Meeting
of June 24, 1992, for approval.
c. Communication from:
Joyce Tanner, dated June 10, 1992,
submitting her resignation from
the Citizens' Parks and Recreation
Committee, effective June 10, 1992.
(Receive and place on file)
David Y. Milazzo, AIA, 3300
Truxtun Avenue, Suite 300,
dated July 6, 1992, regarding
proposed sign ordinance revisions.
(Proposal on file in the Clerk's
Office)
(Receive and refer to Planning
Commission for report and
recommendation)
Bakersfield, California, July 15, 1992 - Page 4
6. CONSENT CALENDAR continued
ACTION TAKEN
Co 3.
Robert Kretzmer, AVP/Manager,
Carl Warren & Co., 5405 Stockdale
Hwy, Suite 203, dated July 8,
1992, regarding proposed amendment
to Service Agreement No. 91-137.
(Receive and refer to Budget and
Finance Committee)
Notices of Completion and Acceptance
of Work:
Contract No. 92-40 with E & S
Electric for traffic signal
modification on H Street at
Truxtun Avenue, completed June
26, 1992.
2 o
Contract No. 91-241 with Truxton
Management Corporation for Tract
No. 5389, Phase I, located at the
southeast corner of Akers Road and
Berkshire Road, completed July 6,
1992.
3 o
Contract No. 92-82 with Coleman
Homes, Inc. for Tract No. 5389,
Phase IV, located at the southeast
corner of Akers Road and Berkshire
Road, completed July 6, 1992.
4 o
Contract No. 91-128 with Frank M.
St. Clair for Tract No. 5450
(landscape) located northwest of
McKee Road and Wible Road,
completed July 1, 1992.
Contract No. 92-35 with S.A. Camp
Pump Company to furnish and
install deepwell turbine pumps
and motors for Ashe Water Well
Nos. 28 and 29, completed June
24, 1992.
Plans and Specifications:
Construction of flashing yellow
beacon on Pacheco Road at Olivia
Street, Greenfield Junior High
School. (Ward 7)
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, July 15, 1992
Page 5
6. CONSENT CALENDAR continued
ACTION TAKEN
so 2o
Construction of washrack at the
Bakersfield Municipal Airport.
(Ward 1)
Northbound left turn pocket on
Union Avenue at Loma Linda Drive.
(Ward 2)
Resolution amending the official list
of designated speed zones, pursuant
to Sections 22357 and 22358 of the
California Vehicle Code.
(Wards 4, 6 & 7)
Resolution specifying that Panama No.
11 Annexation shall, upon annexation,
be included within the Greater
Bakersfield Separation of Grade
District, and setting hearing for
objections thereto. (Ward 7)
Resolutions ordering preparation of
amended assessment to segregate and
apportion unpaid installments of
existing assessment and setting time
and place of hearing thereon.
Assessment District No. 82-1,
Assessment and Diagram Amendment
Nos. 31 through 38. (Wards 4 & 6)
Assessment District No. 86-2,
Assessment and Diagram Amendment
Nos. 22 and 27. (Ward 4)
3 o
Assessment District No. 90-1,
Assessment and Diagram Amendment
Nos. 1 through 6. (Ward 4)
Maps and Improvement Agreements:
Landscape Improvement Agreement
with Riverlakes Ranch Ltd. for
Tract 5363, Phase 1, consisting
of 13 lots on 239.2 acres located
west of Coffee Road between Olive
Drive and Hageman Road. (Ward 4)
REMOVED FOR
SEPARATE
CONSIDERATI6~
RES 126-92
RES 127-92
REMOVED FOR
SEPARATE
CONSIDERATIC~
AGR 92-147
Bakersfield, California, July 15, 1992 - Page 6
6. CONSENT CALENDAR continued
ACTION TAKEN
Map and Improvement Agreement
with DeWalt Corporation for
Tract 5416, Phase 2, consisting
of 35 lots on 8.35 acres located
east of Jewetta Avenue and north
of Noriega Road. (Ward 4)
Map and Improvement Agreement
with DeWalt Corporation for
Tract 5416, Phase 3, consisting
of 18 lots on 5.12 acres located
east of Jewetta Avenue and north
of Noriega Road. (Ward 4)
Improvement Agreement with
Commerce Drive Partners for Parcel
Map 9299 consisting of 3 parcels
on 10.85 acres located southerly
of Truxtun Avenue, easterly of
Commerce Drive. (Ward 5)
Motion by DeMond to adopt Items (a)
through (i) with the exception of
h., c.1. and c.2. of the Consent
Calendar.
AGR 92-148
AGR 92-149
AGR 92-150
APPROVED
Resolutions ordering preparation of
amended assessment to segregate and
apportion unpaid installments of
existing assessment and setting time
and place of hearing thereon.
Assessment District No. 82-1,
Assessment and Diagram Amendment
Nos. 31 through 38. (Wards 4 & 6)
Assessment District No. 86-2,
Assessment and Diagram Amendment
Nos. 22 and 27. (Ward 4)
3 o
Assessment District No. 90-1,
Assessment and Diagram Amendment
Nos. 1 through 6. (Ward 4)
RES 128-92
RES 129-92
RES 130-92
Motion by DeMond to adopt Resolutions. APPROVED
AB BRUNNI
Bakersfield, California, July 15, 1992
Page 7
6. CONSENT CALENDAR continued
ACTION TAKEiN
Plans and Specifications for
construction of flashing yellow
beacon on Pacheco Road at Olivia
Street, Greenfield Junior High
School. (Ward 7)
Councilmember Salvaggio inquired if
a response had been received from
P.G.& E. to the June 8th letter
regarding request for electrical
services.
Public Works Director Schulz responded;
Salvaggio requested Mr. Schulz check
into this so it can be done before
school starts.
Motion by Salvaggio to approve.
APPROVED
Plans and Specifications for
construction of washrack at the
Bakersfield Municipal Airport.
(Ward 1)
Motion by Edwards to approve.
APPROVED
7. PUBLIC STATEMENTS
The following individuals spoke
regarding the residential solicitation
ordinance: Matthew Riley and Steve
Luckenbill.
Frank Hardiman spoke regarding law
enforcement agencies sanctioning or
ignoring problems of private citizens.
Bakersfield, California, July 15, 1992 - Page 8
8 · HEARINGS
ACTION TAKEN
so
Hearing to consider assessment lists
by the Fire Chief specifying abatement
performed, and description of the
properties upon which hazardous weeds,
debris and waste matter were performed.
(Wards i & 2)
Properties located at: vacant lot south
of 122 Hayes; 221 S. Brown St.; n/w
corner Virginia/Clifton; 328 Lakeview
Ave.; 1409 Potomac Ave.; 4 Kincaid St.;
339 S. Brown St.; vacant property north
of Kentucky, south of east side of
canal, east of Virginia St.
No one spoke at Hearing.
closed.
Hearing
Motion by Edwards to adopt.
Hearing for consideration of the
Resolution finding that certain weeds
growing on properties constitute a
public nuisance and directing the
Chief of the Fire Department to abate
such nuisance. (Wards 1, 2, & 7)
Properties located at: 228 Augusta St.;
324 Augusta St.; n/w corner Owens and
E. Brundage Lane; 2301 B St.; 1208
Pacheco.
No one spoke at Hearing. Hearing
closed.
Motion by Salvaggio to adopt.
RES 131-92
APPROVED
NS MCDERMO~7
RES 132-92
APPROVED
So
Hearing to consider changes to taxicab
rates.
No one spoke at Hearing. Hearing
closed.
Motion by McDermott to set drop rate at
$1.90 and mileage rate at $1.80.
APPROVED
NS SMITH
BRUNNI
SALVAGGIO
Bakersfield, California, July 15, 1992 - Page 9
8. HEARINGS continued
ACTION TAKEN
Hearing regarding Tax Equity Fiscal
Responsibility Act (TEFRA) with respect
to the proposed issuance by the city of
revenue bonds in an amount not to exceed
$25,000,000 to finance improvements
to Bakersfield Memorial Hospital.
No one spoke at Hearing. Hearing
closed.
Motion by McDermott to adopt.
RES 133-92
AGR 92-207
AGR 92-2O8
AGR 92-209
APPROVED
ABBRUNNI
Protest hearing for the Noriega No. 1
Annexation. (Ward 4)
Correspondence has been received from
Colon G. Bywater, North Bakersfield
Recreation and Park District, dated
July 6, 1992, in support.
No one spoke at Hearing. Hearing
closed.
Motion by Brunni to adopt.
RES 134-92
APPROVED
fo
Protest hearing for Buena Vista No. 5
Annexation. (Ward 4)
Correspondence has been received from
Robert Quiring, Kern Mosquito and
Vector Control District, dated July 6,
1992, regarding mosquito control in
this area.
Correspondence has been received from
Tom and Marilyn Briggs, 5153 Buena
Vista Road, dated July 8, 1992, in
opposition.
Hearing opened.
The following individuals spoke in
opposition: Mike Couchot, representing
Stream Energy, presented a letter; Janet
Peters representing registered voters
residing within the proposed annexation
area presented a petition; and Ken
Whitney, agricultural owner.
Bakersfield, California, July 15, 1992 - Page 10
HEARINGS continued
fo
The following individuals spoke in
support: Mark Jones, representing
Castle & Cooke Development Corp. as
a landholder in the area; Jeff Smith;
Brian Haupt, representing himself and
the Antongiovanni property owner.
Mayor declared public portion of
hearing closed.
Motion by Brunni to continue to the
meeting of August 5, 1992.
ACTION TAKEN
APPROVED
go
Protest hearing for the Panama No.
Annexation and inclusion into the
Greater Bakersfield Separation of
Grade District. (Ward 7)
10
Correspondence has been received from
Dorothy Henson, 655 W. Panama Lane,
dated July 3, 1992, in opposition.
No one spoke at Hearing. Hearing
closed.
Motion by Salvaggio to adopt.
RES 135-92
APPROVED
Hearing as required by Resolution of
Intention No. 1095 declaring the City's
intention to order the establishment of
Maintenance District No. 1, Division
6, confirming the assessment and
authorizing collection of assessments
by the Kern County Tax Collector
(Stockdale-Jenkins). (Ward 4)
No one spoke at Hearing. Hearing
closed.
Motion by Brunni to adopt.
RES 13 6-92
APPROVED
Appeal of the decision of the Planning
commission approving a requirement to
landscape the existing median island
and westerly parkway area along Old
River Road from Thoreau Avenue to White
Lane on Tentative Tract 5616 (optional
design). (Ward 4)
Bakersfield, California, July 15, 1992 - Page 11
8. HEARINGS continued
ACTION TAKEN
The following individuals spoke in
opposition of the staff recommendation:
Don Lindsay, Castle & Cooke Development
Corporation; and Roger Mcintosh, Martin-
Mcintosh Engineering.
Motion by Brunni to leave hearing open,
and defer to August 5, 1992.
APPROVED
9 o
REPORTS
Motion by Brunni to add the following
item which arose after the agenda was
prepared and requires action:
Correspondence to Kern County Board of
Supervisors concerning Western Rosedale
Specific Plan.
ao
Personnel Committee Report No. 6-92
regarding Reclassifications/Upgrades
and New and Revised Job Specifications.
Motion by DeMond to accept Report.
APPROVED
APPROVED
bo
Resolution amending Resolution
Nos. 57-92 and 90-92 setting
salaries and related benefits for
employees of the Blue and White
Collar Units and the General
Supervisory Unit.
Motion by DeMond to adopt.
Budget and Finance Committee Report
No. 9-92 regarding Procedures Used To
Set Taxicab Rates.
Motion by McDermott to accept Report
and implement recommendations.
RES 137-92
APPROVED
NS BRUNNI
APPROVED
Co
Oral Report by the City Attorney
regarding deferral of Riverlakes
Ranch mitigation payment.
(Agreement No. 92-123)
Motion by McDermott to allow the APPROVED
public from Riverlakes to speak.
Bakersfield,
California, July 15,
1992 - Page 12
9. REPORTS continued
Kenneth Green, Riverlakes Project
Manager, spoke.
Motion by Smith to refer to Urban
Development Committee.
Correspondence to Kern County Board
of Supervisors concerning Western
Rosedale Specific Plan.
Motion by Brunni to approve letter
and authorize the Mayor to sign and
send to the Board of Supervisors.
ACTION TAKEN
APPROVED
NS PETERSON
SA~VAGGIO
APPROVED
10. ACTION ON BIDS
Annual Contract for road oils for
Public Works.
Motion by McDermott to reject all
bids.
APPROVED
Traffic signal modification on L
Street at Truxtun Avenue. (Ward 2)
Motion by DeMond to accept low bid
from Antelope Valley Electric in the
amount of $103,006.33.
CON 92-151
APPROVED
NS MCDERMOTT
PETERSON
SALVAGGIO
11. DEFERRED BUSINESS
Ordinance amending Subsection D. of
Section 2.72.130 of the Bakersfield
Municipal Code relating to nepotism.
Motion by Peterson to adopt.
ORD 3472
APPROVED
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map Nos. 102-26, 102-27, 102-28 and
102-33 by prezoning property located
between Rosedale Highway, Kern River,
Gibson Street and Friant-Kern Canal
known as Rosedale No. 5 Annexation.
(Ward 4)
ORD 3473
Motion by Brunni to adopt. APPROVED
Bakersfield, California, July 15, 1992 - Page 13
12. NEW BUSINESS
ACTION TAKEN
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-35 by changing the zoning
of properties in the City of
Bakersfield consisting of 4.96 acres
generally located south of Hosking
Avenue between Wible Road and Akers
Road from an R-S Zone to an R-l-10,000
Zone. (Ward 6)
FR
Ordinance amending Section 8.60.060
of the Bakersfield Municipal Code
and adding Section 8.60.070 to the
Bakersfield Municipal Code relative
to underground storage tanks.
FR
Establishment of Maintenance District
No. 3, Division 5 (McKee Road).
(Ward 6)
Resolution of Intention No. 1094
declaring the City's intention to
establish Maintenance District No.
3, Division 5, and setting time
and place for hearing protests to
the proposed district.
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.
Motion by McDermott to adopt
Resolutions.
RES 138-92
APPROVED
do
Resolution calling for bids for
materials and work and providing for
notice thereof (Assessment District
No. 91-1, Hosking Trunk Sewer).
(Wards 6 & 7)
RES 139-92
Motion by McDermott to adopt. APPROVED
Bakersfield,
California, July 15,
1992 - Page 14
12. NEW BUSINESS continued
ACTION TAKEN
so
Assessment District No. 92-1, Noriega
Tract No. 5441. (Ward 4)
Resolution determining to
undertake proceedings pursuant
to Special Assessment and
Assessment Bond Act for the
construction and acquisition of
improvements without proceedings
under Division 4 of the Streets
and Highways Code.
Resolution appointing Special
Counsel and Engineer of Work and
approving Agreements therefor.
Motion by Brunni to adopt Resolutions.
RES 140-92
RES 141-92
AGR 92-152
AGR 92-153
APPROVED
Resolution authorizing collection of
assessments by the Kern County Tax
Collector for demolition and/or
removal of dangerous buildings
and/or structures.
Motion by Brunni to adopt.
RES 142-92
APPROVED
NS MCDERMOTT
go
Resolution authorizing collection of
assessments by the Kern County Tax
Collector for abatement of public
nuisances. (weed and waste matter)
Motion by DeMond to adopt.
RES 143-92
APPROVED
NS MCDERMOTT
ABS PETERSON
ho
Contract with Alan Tandy for City
Manager position.
Motion by McDermott to approve.
CON 92-154
APPROVED
Resolution amending Resolution No.
90-92 setting salaries and related
benefits (City Manager).
RES 144-92
Motion by McDermott to adopt. APPROVED
Bakersfield, California, July 15, 1992 - Page 15
12. NEW BUSINESS continued
ACTION TAKEN
Agreement with the Greater Bakersfield
Convention and Visitors Bureau for
Convention visitor's services.
Motion by Peterson to authorize the
Mayor to execute Agreement.
AGR 92-155
APPROVED
NS SMITH
BRUNNI
Amendment to Agreement No. 91-113
with the Bakersfield Society for the
Prevention of Cruelty to Animals
(SPCA) regarding funding of city
animal control services.
Motion by Salvaggio to approve.
AGR 92-156
APPROVED
Auction of real property seized under
the Drug Asset Forfeiture Program.
Motion by Salvaggio to authorize the
Mayor to execute all documents
necessary to transfer real property
auctioned on June 27, 1992 by
Nationwide Companies.
DEED 3548
DEED 3549
DEED 3550
APPROVED
13. COUNCIL STATEMENTS
McDermott read a statement that he has sent
to the Bakersfield Californian in hopes that
they will print it regarding release of
executive session information to the public.
Brunni stated that she agreed with McDermott
in his concerns.
Brunni requested correspondence received from
the Building Industry Association requesting
an environmental impact report be referred to
the Planning Commission.
Brunni requested that state mandated fire
inspections and the fee that was recently
imposed on child care centers be referred to
the Budget and Finance Committee and contact
Wendy Wayne at the Community Connection for
Child Care for resource materials.
Motion by McDermott to approve referrals. APPROVED
Bakersfield, california, July 15, 1992 - Page 16
13. COUNCIL STATEMENTS continued
ACTION TAKEN
DeMond referred to Personnel Committee the
issue regarding reclassification of Senior
Programming Analyst and clarification of
all class specifications for Assistant City
Attorney.
Motion by McDermott to approve referral.
APPROVED
14. ADJOURNMENT
Motion by DeMond at 9:25 p.m.
APPROVED
MA~DR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex officio Clerk of the
Council of the City of Bakersfield, CA
nss