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HomeMy WebLinkAbout08/05/1992 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 5, 1992 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Medders, Councilmembers Edwards (seated at 5:22) DeMond, Smith, Brunni (seated at 5:20) Peterson, McDermott, Salvaggio None 2. WORKSHOP Equestrian Trails in Rosedale. (Jack Hardisty and Steve Messner) Jim Marino spoke regarding the current efforts to develop the Equestrian Trails. Wastewater Treatment Plant No. 2 option Study. (Ed Schulz) Public Works Director Schulz provided an update. John Johnson gave a slide presentation and explained the options available. NAT NAT Bakersfield, California, August 5, 1992 - Page 2 3. CLOSED SESSION ACTION TAKEN Motion by McDermott to add Closed Session Item 3. a. as an item that arose after the Agenda was prepared and requires action. Motion by McDermott to adjourn to Closed Session at 5:28 p.m. APPROVED APPROVED a. Closed Session pursuant to Government NAT Code Section 54956.9(b)(1) regarding potential litigation. Motion by Brunni to adjourn from Closed Session at 6:40 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. CLOSED SESSION ACTION (if any) 5. PRESENTATION Presentation by Medders of thirty years service award and retirement plaque to J. Dale Hawley, City Manager. Bakersfield, Californla, August 5, 1992 - Page 3 CONSENT CALENDAR Approval of Voucher Nos. 12523 to 13090 inclusive, in the amount of $2,803,666.32 and Voucher Nos. 1 to 250 inclusive, in the amount of $2,319,710.74 and Self Insurance Voucher Nos. 2759 to 2854 inclusive, in the amount of $81,068.26 and Self Insurance Voucher Nos. 1 to 156 in the amount of $664,095.88. Minutes of the Regular Meeting of July 1, 1992, Special Meeting of July 3, 1992 and Regular Meeting of July 15, 1992, for approval. c. Communication from: James A. Redstone, Simpson- VanCuren, Inc., 2020 K Street, dated June 8, 1992, requesting annexation and General Plan Amendment for property located at the southwest corner of Olive Drive and Fruitvale Avenue. (Receive and refer to Planning Commission) Charles D. Lindsay, Castle & Cooke Development Corporation, P.O. Box 11165, dated June 26, 1992, requesting annexation and General Plan Amendment for property located at the southwest corner of Stockdale Highway and Renfro Road. (Receive and refer to Planning Commission) ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATI6~ Nathan M. Krevitz, 3000 21st Street, dated June 28, 1992, regarding discrimination of business licenses. (Receive and refer to Finance Department) ~ ~ ~ Bakersfield, california, August 5, 1992 - Page 4 CONSENT CALENDAR continued Co 4. David Gay, Bakersfield Association of Realtors, P.O. Box 2306, dated July 14, 1992, regarding the sign ordinance. (Receive and refer to Planning Department) ACTION TAKEN Bryan T. Haupt, ASU & Associates, 5500 Ming Avenue, Suite 160, dated July 1, 1992, requesting General Plan Amendment for 15 acres located on the northeast corner of Panama Lane and Old River Road. (Receive and refer to Planning Commission) Fred W. Porter, Porter-Robertson, 1000 21st Street, dated July 20, 1992, requesting General Plan Amendment revision to Equestrian Trail, Polo Grounds. (Receive and refer to Planning Commission) Paul Dow, City of Bakersfield Water & Sanitation Manager, dated July 16, 1992, regarding Bena Landfill distance rate offset for Kern Refuse, Inc. (Receive and refer to Budget & Finance Committee) 8o Chuck Waide, Kern County Public Employees Association, 1001 17th Street, Suite A, regarding Municipal Code Section 2.84.490 (Sick Leave Policy), dated June 23, 1992; and Municipal Code Section 2.72.230 (Layoff and Demotion), dated July 2, 1992. (Receive and refer to Personnel Committee) REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, August 5, 1992 - Page 5 CONSENT CALENDAR continued Co 9. Barbara Don Carlos, Executive Vice President of Building Industry Association, 5405 Stockdale Highway, Suite 112A, dated July 17, 1992, regarding the sign ordinance. (Receive and refer to Planning Commission) ACTION TAKEN 10. Jake Wager, City of Bakersfield Economic Development Director, dated July 29, 1992, regarding Community Development Block Grant (CDBG) funds amendment for first quarter of Fiscal Year 1992-93. (Receive and refer to Budget & Finance Committee) REMOVED FOR SEPARATE OONSIDERATIC~ Full Reconveyance for Home Improvement Loan with Mr. Dover Starr for property located at 301 Donna Avenue. (Ward 1) Notices of Completion and Acceptance of Work: Contract No. 92-100 with Total Oilfield Services, Inc. for construction of curb, gutter and paving on Jewett Avenue between 31st Street and 34th Street, completed July 10, 1992. Contract No. 91-178 with Castle & Cooke Development Corporation for construction of Grand Lakes Avenue from Ming Avenue south of Chamber Boulevard, completed July 28, 1992. Contract No. 92-89 with Loop Electric for installation of traffic signal on Haley Street at Panorama Drive, completed July 21, 1992. DEED 3563 Bakersfield, California, August 5, 1992 - Page 6 CONSENT CALENDAR continued Contract No. 91-111 with Granite Construction Company for Planz Road overcrossing widening at Freeway 99, completed July 10, 1992. Contract No. 90-288 with Cambridge Properties for Tract No. 4957, Phase I (landscaping), located on the northeast corner of Harris Road and Ashe Road, completed July 2, 1992. Contract No. 91-53 with Fruitvale Properties for Tract No. 5130, Phase II (landscaping), located on the northeast corner of Coffee Road and Hageman Road, completed July 10, 1992. 7 o Contract No. 91-170 with Castle & Cooke Development Corporation for Tract No. 5218 located southwest of Ming Avenue and Grand Lakes Avenue, completed July 28, 1992. Contract No. 91-172 with Castle & Cooke Development Corporation for Tract No. 5220 located southeast of Ming Avenue and Grand Lakes Avenue, completed July 28, 1992. 9 o Tract No. 5287 with Community Construction, Inc. for improvements located on the west side of Fairfax Road approximately one quarter mile south of State Route 178, completed July 27, 1992. 10. Contract No. 92-78 with Mason, Carosella & Camp for Tract No. 5444 located southeast of Stockdale Highway and Renfro Road, completed July 24, 1992. 11. Contract No. 91-194 with American West Lands Company for Tract No. 5488, Units A & B, located northeast of Calloway Drive and Brimhall Road, completed July 22, 1992. ACTION TAKEN Bakersfleld, California, August 5, 1992 - Page 6e CONSENT CALENDAR continued e. 12. Contract No. 91-192 with Martin- Mcintosh Engineering for Tract No. 5488 (Department of Fish and Game Fees) located northeast of Calloway Drive and Brimhall Road, completed July 24, 1992. 13. Contract No. 89-63 with California Harvest Shop & Mercy Hospital for Parcel Map No. 8925 located on the southeast corner of Old River Road and Stockdale Highway, completed June 11, 1992. 14. Tract 5001, Phase I, with Rancho Sierra for improvements located north of Hosking Avenue and east of South H Street, completed July 28, 1992. 15. Tract 5001, Phase II, with Rancho Sierra for improvements located north of Hosking Avenue and east of South H Street, completed July 28, 1992 16. Contract No. 92-69 with Kern County Construction, Inc. for concrete block pumphouses for Ashe Water Well Nos. 28 and 29, completed July 2, 1992. Revised Job Specifications for Assistant City Attorney and Senior Programmer Analyst; and title change of Senior Programmer Analyst to Data Processing Supervisor. Resolution amending Resolution No. 90-92 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. go Resolution ordering the summary vacation of the unimproved portion of right-of-way for Colony Street and adjacent drainage easement south of Panama Lane in the City of Bakersfield. (Ward 7) ACTION TAKEN RES 145-92 RES 146-92 Bakersfield, california, August 5, 1992 - Page 8 CONSENT CALENDAR continued h. Map and Improvement Agreements: Final Map and Improvement Agreement with Riverlakes Ranch Limited Partnership for Tract 5476, Phase 1, consisting of 54 lots on 39.28 acres located north of Hageman Road, east of Riverlakes Drive. (Ward 4) Final Map and Improvement Agreements with Community Construction, Inc. for the construction of Fairfax Road adjacent to Tract 5287 located west of Fairfax Road approximately one quarter mile south of State Route 178. (Ward 3) Final Map and Improvement Agreement with Rancho Sierra for Tract 5001, Phase I, consisting of 37 lots on 9.89 acres located north of Hosking Avenue, east of South H Street. (Ward 7) Improvement Agreement with Rancho Sierra for the construction of Hosking Avenue adjacent to Tract 5001, Phase II located north of Hosking Avenue, east of South H Street. (Ward 7) Final Map and Improvement Agreements with Rancho Sierra for Tract 5001, Phase II, consisting of 36 lots on 11.20 acres located north of Hosking Avenue, east of South H Street. (Ward 7) Agreement with Herbert P. Sears Company, Inc. to provide collection services for unpaid drivers under the influence (DUI) emergency response accounts. ACTION TAKEN AGR 92-157 AGR 92-158 AGR 92-159 DELETED DELETED DELETED AGR 92-160 Bakersfield, California, August 5, 1992 - Page 9 CONSENT CALENDAR continued Award Annual Contract for cold planing to Western States Planing, Inc. in the amount of $19,500.00 and authorize the Mayor to execute the Contract. Award Annual Contract for title reports to Stewart Title in the amount of $6,250.00 and authorize the Mayor to execute the Contract. Award Annual Contract for traffic signs to Maneri Sign Company, Inc. in the amount of $32,615.80 and authorize the Mayor to execute the Contract. Motion by DeMond to adopt Items (a) through (1) with the exception of Items 6. (c. 1., 8., & 10.) and the deletion of Items 6. (h. 3., 4. & 5.) of the Consent Calendar. ACTION TAKEN CON 92-161 CON 92-162 CON 92-163 APPROVED Motion by Brunni to remove Items 6 (c. 1., 8., & 10) from the Consent Calendar for separate consideration. James A. Redstone, Simpson- VanCuren, Inc., 2020 K Street, dated June 8, 1992, requesting annexation and General Plan Amendment for property located at the southwest corner of Olive Drive and Fruitvale Avenue. Motion by Brunni to receive and refer to Planning Commission. APPROVED APPROVED 8 o Chuck Waide, Kern County Public Employees Association, 1001 17th Street, Suite A, regarding Municipal Code Section 2.84.490 (Sick Leave Policy), dated June 23, 1992; and Municipal Code Section 2.72.230 (Layoff and Demotion), dated July 2, 1992. Motion by Brunni to receive and APPROVED refer to Personnel Committee. Bakersfleld, California, August 5, 1992 - Page 10 CONSENT CALENDAR continued c. 10. Jake Wager, City of Bakersfield Economic Development Director, dated July 29, 1992, regarding Community Development Block Grant (CDBG) funds amendment for first quarter of Fiscal Year 1992-93. Motion by Brunni to receive and refer to Budget & Finance Committee. ACTION TAKEN APPROVED PUBLIC STATEMENTS Billie Smith, regarding Veterans Administration Clinic. The following individuals spoke in support of the Oil Ordinance: Lisa Smith and Michael Couchot. The following individuals spoke in support of a "no" smoking ordinance: Bonnie Mahan, Jane Toller, Richard O'Reilly, John Cove and Michael Hulsizer. HEARINGS Hearing as required by Resolution of Intention No. 1094 declaring the city's intention to order the establishment of Maintenance District No. 3, Division 5, confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector (McKee Road). (Ward 6) No one spoke at Hearing. Hearing closed. RES 147-92 Motion by McDermott to adopt APPROVED Resolution. Bakersfield, California, August 5, 1992 - Page 11 HEARINGS continued bo Hearings as required by Resolution Nos. 128-92, 129-92 and 130-92 ordering preparation of amended assessment to segregate and apportion unpaid installments of existing assessment. Resolutions confirming amended assessments to segregate and apportion unpaid installments of existing assessments. 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) Assessment District No. 90-1, Assessment and Diagram Amendment Nos. I through 6. (Ward 4) No one spoke at Hearing. Hearing closed. ACTION TAKEN RES 148-92 RES 149-92 RES 150-92 Motion by Brunni to adopt Resolutions. APPROVED Bakersfield, california, August 5, 1992 - Page 12 HEARINGS continued Continued protest hearing for Buena vista No. 5 Annexation. (Ward 4) Resolution making findings that sufficient majority written protests have not been filed and ordering the territory designated as Buena Vista No. 5 annexed to the City of Bakersfield. Initiation of detachment of a portion of Section 24, T.30S., R.26E. ACTION TAKEN RES 151-92 Motion by Brunni to adopt Resolution. APPROVED Motion by Brunni to start proceedings for detachment of the north half of Section 24, T.30S., R.26E. where those opposing the annexation of Buena Vista No. 5 live. APPROVED NS MCDERMOTT Continued hearing to consider appeal of landscaping requirement as a condition of approval of Tentative Tract 5616. (Ward 4) Roger Mcintosh spoke in support. Hearing closed. Motion by Brunni to approve Tentative Tract 5616 with Public Works Condition No. 2, revised as recommended by Public Works. APPROVED Bakersfield, California, August 5, 1992 - Page 13 REPORTS Legislative and Litigation Committee Report No. 3-92 regarding City-wide Smoking. Motion by Smith to accept Report. ACTION TAKEN APPROVED NS PETERSON SALVAGGIO Substitute motion by Salvaggio to refer the draft ordinance prepared byTobacco Free Coalition to staff to prepare for first reading. FAILED NS EDWARDS DEMOND SMITH BRUNNI 10. ACTION ON BIDS Drilllng, casing and pump testing Ashe Water Well Number 23, located at Camino Media and Old River Road. (Ward 4) Motion by Brunni to accept low bid from S.A. Camp Pump Company in the amount of $88,070.00 and authorize the Mayor to execute the Contract. CON 92-164 APPROVED Annual Contract for washing City vehicles. Motion by Peterson to reject all bids. APPROVED Water Well replacement at Wastewater Treatment Plant No. 2, Farm Site. (Ward 1) Motion by Peterson to accept bid from S.A. Camp Pump Company in the amount of $45,424.00. Annual Contract for striping removal for Streets Division. Motion by Salvaggio to accept low bid from Advanced Concrete Sawing and Drilling in the amount of $64,400.00 and authorize the Mayor to execute the Contract. APPROVED CON 92-165 Bakersfield, California, August 5, 1992 - Page 14 11. DEFERRED BUSINESS 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-1-10,000 Zone. (Ward 6) Ordinance amending Section 8.60.060 of the Bakersfield Municipal Code and adding Section 8.$0.0?0 to the Bakersfield Municipal Code relative to Underground Storage Tanks. Motion by McDermott to adopt Items 11 a. and b. ACTION TAKEN 0RD3474 ORD 3475 APPROVED Sales Agreement with California Water Service Company for surplus real property located at 4101 Paoheco Road. (Ward 6) Motion by McDermott to approve Sales Agreement for $20,000.00 and authorize the Mayor to execute all documents necessary to transfer the property. AGR 92-167 DEED 3564 APPROVED 12. NEW BUSINESS Motion by Brunni to add Item 12.q. as an item that arose after the Agenda was prepared and requires action. Administrative Services Agreement with the International City Management Association Retirement Corporation for deferred compensation. APPROVED Bakersfield, California, August 5, 1992 - Page 15 12. NEW BUSINESS continued Emergency Ordinance levying upon the full taxable value of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo Annexation, a percentage rate of taxation upon each dollar of valuation for the Fiscal Year beginning July 1, 1992 and ending June 30, 1993. Motion by McDermott to adopt. ACTION TAKEN 0RD3476 APPROVED Ordinance adding Chapter 15.66 to Title 15, and amending and repealing associated Sections of Title 17 of the Bakersfield Municipal Code relating to drilling for the production of petroleum. Resolution amending Resolution No. 72-92 approving Memorandum of Understanding for Employees of the Association of Bakersfield Police officers and adopting salary schedule and related benefits. Motion by Peterson to adopt. FR RES 152-92 APPROVED Resolution designating Beale Memorial Library to be used as place of posting Local Appointments List and Notices of Unscheduled Vacancies. Motion by Edwards to adopt. RES 153-92 APPROVED Resolution authorizing settlement of certain property damage claims. Motion by Smith to adopt. RES 154-92 Resolution adopting ICMA Retirement corporation Deferred Compensation Plan. Motion by Brunni to adopt. RES 155-92 APPROVED Bakersfield, california, August 5, 1992 - Page 16 12. NEW BUSINESS continued Resolution of Intention No. 1096 declaring the City's intention to order the work and improvements on Assessment District No. 91-1, Hosking Trunk Sewer. (Wards 6 & 7) Motion by McDermott to adopt. ACTION TAKEN APPROVED Resolution preliminary approving Engineer's Report and appointing time and place of hearing protests (Assessment District No. 91-1, Hosking Trunk Sewer). (Wards 6 & 7) Motion by Salvaggio to adopt. RES 156-92 APPROVED Agreement with Bruce Beaudoin & Associates, Inc. to provide appraisal services for Assessment District No. 91-1 (Hosking Trunk Sewer). Motion by Peterson to approve and authorize the Mayor to execute the Agreement for $29.600. AGR 92-166 APPROVED Joint Agencies Agreement with the Greater Bakersfield Separation of Grade District for the preliminary engineering and financing of the Coffee Road and Atchison, Topeka and Santa Fe Railway Separation of Grade Project. Motion by Brunni to approve. AGR 92-168 APPROVED Consent to Easement Agreement between Nickel Enterprises and Olcese Water District. Motion by Smith to approve. AGR 92-169 Memorandum of Understanding with the County of Kern to jointly fund Phase II of a Fair Housing Assessment (FHA) AGR 92-170 Motion by DeMond to approve. APPROVED Bakersfleld, California, August 5, 1992 - Page 17 ~ [~;J 12. NEW BUSINESS continued Agreement with Coen & Associates to prepare Phase II of a Fair Housing Assessment (FHA). Motion by Edwards to approve. ACTION TAKEN AGR 92-172 APPROVED Two (2) appointments to the Board of Building Appeals due to the resignations of John R. Urbina and Dick Boatwright, no terms specified. Motion by McDermott to appoint Paul D. Oller and Gary R. Olsen to the Board of Building Appeals. no terms specified. APPROVED One (1) appointment to the citizen's Parks and Recreation Committee due to the resignation of Joyce Tanner (Ward z), term expiring November, 1993. Motion by DeMond to appoint Delbert Murray. term expiring November 1993. APPROVED Four (4) appointments to the Community Advisory Council (Southeast Metropolitan Bakersfield Employment and Economic Incentive Area) due to the expiration of terms of Robert E. Lee Davis, Donald R. Farthing and Mary Helen Barro, terms expired December 31, 1991; and resignation of Martin V. Castro, term expiring December 31, 1992. Motion by Peterson to appoint Raymond Zeoli. Ana Rosa Rodriguez. Fred Rodriguez and Marcus Asay. terms expiring December 31. 1992. APPROVED qo Administrative Services Agreement with the International City Management Association Retirement Corporation for deferred compensation. AGR 92-171 Motion by McDermott to approve. APPROVED Bakersfield, California, August 5, 1992 - Page 18 13. COUNCIL STATEMENTS McDermott referred the issue of refinancing the debt of the Redevelopment Agency to the Central District Development Agency. ACTION TAKEN McDermott thanked City Manager Hawley for his efforts and service to the City of Bakersfield. Brunni requested the City Manager follow-up on several letters referred at a prior meeting. Brunni expressed best wishes to Hawley. Motion by DeMond to refer job specifications for Chief Assistant Attorney, Construction Inspector I and II, and Principal Planner/Airpark to the Personnel Committee. APPROVED Motion by DeMond to refer salary adjustment for Fire Training Captain to the Personnel Committee. APPROVED Motion bySalvaggio to refer issue of equestrian trails in Rosedale to Water Resources Committee. APPROVED Salvaggio requested an update on the clean-up language on commercial vehicles in residential neighborhoods. Salvaggio thanked Hawley for his services to the City of Bakersfield. Smith stated she would not be able to attend Hawley's retirement dinner. She expressed best wishes and thanked him for his services to the City of Bakersfield. Bakersfield, California, August 5, 1992 - Page 19 ~.)~ 13. COUNCIL STATEMENTS continued Edwards wished Hawley well in his retirement. ACTION TAKEN Edwards stated that the California Association of Enterprise Zones will be in Bakersfield on October 1 & 2, and asked that Council plan to attend. Edwards referred the issue of canals that run throughout the City to the Water Committee. APPROVED DeMond referred the issue of deterioration of the railroad crossings to Public Works. McDermott requested staff provide a copy of memorandum from League of California cities regarding tax and budget problems to the media. Peterson expressed his appreciation and thanked Hawley for his services to the City of Bakersfield. 14. ADJOURNMENT Motion by Peterson to adjourn at 8:50 p.m. APPROVED MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA bz