HomeMy WebLinkAbout09/16/1992 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 16, 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
(seated at 5:45), Peterson,
McDermott, Salvaggio
None
CLOSED SESSION
Motion by DeMond to add Items c.
Closed Session.
and d. to
APPROVED
AB BRUNNI
Motion byDeMond recess to City Manager's
Conference Room for Closed Session at
5:20 p.m.
APPROVED
AB BRUNNI
Closed Session pursuant to Government Code
Section 54956.9 regarding potential
litigation.
NAT
Closed Session pursuant to Government Code
Section 54957 regarding personnel matter.
city Attorney Lunardini announced, because
they ran out of time, Council will go back
into Closed Session on this item at the
conclusion of the Regular meeting.
(Closed Session Item 2.b. continued on Page 19)
Closed Session pursuant to Government Code
Section 54956.9(a) regarding litigation in
the case of Suderman, et al. vs. City of
Bakersfield.
A~THOR/ZECT/¥
ATTORNEY TO
ATTEMPT TO
SETTLE
Closed Session pursuant to Government Code
Section 54956.9(a) regarding litigation in
the case of Grady rs. city of Bakersfield.
CITYREJECTED
SETTLEMENT
OFFER
Council recessed Closed Session at 7:00 p.m.,
to reconvene at conclusion of Regular meeting.
Bakersfield, California, September 16, 1992 - Page 2
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Councilmember Mark Salvaggio.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Present:
Absent:
Mayor Medders, Councilmembers
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
PRESENTATION
Councilmember Brunni made a presentation to
Firefighter Ed Watts winner of the Crystal
Heart Award.
Mayor Medders announced that the City of
Bakersfield won the Ride Share Program
award and named the department personnel
who made it possible.
CLOSED SESSION ACTION (if any)
City Attorney Lunardini announced the
Closed Session action as reflected on
Page 1.
ACTION TAKE~
CONSENT CALENDAR
Approval of Voucher Nos. 786 to 1547
inclusive, in the amount of
$8,686,299.65 and Self Insurance
Voucher Nos. 323 to 481 in the amount
of $123,170.83.
Minutes from the Workshop and Regular
Meeting of August 26, 1992, for approval.
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, September 16, 1992 - Page 3
6. CONSENT CALENDAR continued
ACTION TAKEN_
Ce
Communication from City of Madera, 205
West 4th Street, received August 31,
1992, regarding a Resolution of the
Madera City Council supporting
realignment of passenger rail service
to southern pacific lines.
(Receive and refer to Mayor to write
letter of support)
Quitclaim Deed to J. L. Dandy & Company,
et al. releasing property granted for a
drainage sump located southeasterly of
State Freeway 99 and Panama Lane.
(Ward 7)
Notices of Completion and acceptance of
work:
Contract No. 92-164 with S. A. Camp
Pump Company for drilling, casing
and pump testing Ashe Water Well No.
23 located near Old River Road and
Camino Media, completed August 27,
1992. (Ward 4)
Contract No. 91-248 with Griffith
Company for resurfacing portions of
University Avenue, South Chester
Avenue, New Stine Road, Ming Avenue
and White Lane, completed August 26,
1992.
Contract No. 92-137 with Insituform
Southwest for rehabilitation of
6-inch sewer lines in easements
bounded by 24th and Drake Streets
between Cedar and Alder, and by
Lawn and Aspen Streets between Pine
and Cedar, completed August 21, 1992.
DEED 3586
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, September 16, 1992 - Page 4
6. CONSENT CALENDAR continued
ACTION TAKEN
fo
j o
Plans and Specifications:
Rehabilitate and replace portions
of the HVAC system at 1715 Chester
Avenue (formerly the Santa Barbara
Savings Building). (Ward 2)
Manor Street Bridge replacement at
the Carrier Canal. (Ward 2)
Resolution approving Cultural Resource
Designation Application by James L.
Kephart, property owner for property
located at 1821 B Street, known as the
McGill Building, for placement on the
Bakersfield Register of Historic Places.
Resolution approving Cultural Resource
Designation Application by representa-
tives of the Chinese Community, Mary
Ming and Dan N. Kimm, and adjacent
property owners for property located
at the alley between L and M Streets
at 21st and 22nd Streets, known as
"China Alley," for placement on the
Bakersfield Register of Historic Places.
Resolution amending Resolution No. 90-92
setting salaries and related benefits
for officers and employees of the General
Supervisory, Police Supervisory and
Management Units (annual tool allowance).
Resolution amending Resolution No. 125-92
approving the Memorandum of Understanding
setting salaries and related benefits for
Firefighters and Engineers of the Fire
Department (correction of errors and
omissions on MOU).
RES 169-92
RES 170-92
RES 171-92
RES 172-92
Bakersfield, California, September 16, 1992 - Page 5
6. CONSENT CALENDAR continued
ACTION TAKEN
Resolution setting forth the city
Council's decision making findings,
upholding the Planning Commission
recommendation to disapprove Segment
III of proposed amendment to the Land
Use Element of the Metropolitan
Bakersfield 2010 General Plan (Land
Use Element Amendment 1-92), southwest
of the intersection of Wenatchee Avenue
and Columbus Street. (Ward 5)
Resolution ordering the summary vacation
of a portion of Georgia Drive (public
access easement) between Manor Street
and Fallgatter Street. (Ward 2)
Zoning Resolution No. 408 on the appeal
by James Redstone for Simpson-VanCuren,
Inc., upholding the decision of the
Board of Zoning Adjustment denying
Conditional Use Permit No. 5319 to
allow a drive-up service window for a
new restaurant on that certain
property commonly known as 3125
California Avenue. (Ward 2)
Final Map and Improvement Agreements
with Villa Rosa Development for Tract
5545 consisting of 93 lots on 18.58
acres located at the southwest corner
of White Lane and Mountain vista Drive.
(Ward 4)
Approve Grant Agreement with the U. S.
Department of Housing and Urban
Development (HUD) to implement the
Fiscal Year 92-93 Community Development
Block Grant (CDBG) Program.
RES 173-92
RES 174-92
AGR 92-193
AGR 92-194
AGR 92-195
Bakersfield, California, September 16, 1992 - Page 6
6. CONSENT CALENDAR continued
ACTION TAKE~
Award Contract to furnish and install
deepwell turbine pump and motor for
Ashe Water Well No. 23 located at
Camino Media and Old River Road to
Farm Pump and Irrigation Co. in the
amount of $18,855.00 and authorize the
Mayor to execute the Contract. (Ward 4)
Motion by McDermott to adopt Items (a)
through (p) of the Consent Calendar
with the exception of Items 6.b. and
6.e.2.
CON 92-196
APPROVED
Minutes from the Workshop and Regular
Meeting of August 26, 1992, for approval.
Motion by McDermott to amend the
minutes, Item 6.b.
Substitute motion by Brunni to defer
Item 6.b. to next meeting.
APPROVED
Contract No. 91-248 with Griffith
Company for resurfacing portions
of University Avenue, South Chester
Avenue, New Stine Road, Ming Avenue
and White Lane, completed August 26,
1992.
Motion by Salvag~o to adopt Item
6.e.2.
APPROVED
NS MCDERMOTT
7. PUBLIC STATEMENTS
Bakersfield,
California,
September 16, 1992
Page 7
8e
HEARINGS
Hearing (TEFRA) to consider the proposed
refinancing of hospital revenue bonds
(Bakersfield Memorial Hospital) in an
amount not to exceed $65,000,000 to
refund bonds previously issued and
outstanding.
Brunni was absent due to a conflict
of interest.
No one spoke at Hearing. Hearing
closed.
Motion by McDermott to adopt Resolution
confirming that a public hearing was
held, authorizing the issuance, sale
and delivery of not to exceed
$65,000,000 of additional City of
Bakersfield Hospital revenue Bonds
(Bakersfield Memorial Hospital) Series
1992A, approving the project related
thereto and taking certain other actions
in connection with the foregoing.
RES 175-92
AGR 92-204
AGR 92-205
AGR 92-206
APPROVED
ABBRUNNI
Bakersfield, California, September 16, 1992 - Page 8
8. HEARINGS continued
ACTION TAKEN
Request to reheat Segment II of GPA
2-92 and Zone Change 5324 to change
15.5 acres from Low Density Single
Family Residential to General
Commercial and 14.5 acres to High
Density Multiple Family at the
southwest corner of Panama Lane and
Wible Road. (Ward 6)
Maurice Etchechury, Cuesta Engineering
has provided additional bound material
regarding Items 8.b. & c.
Ralph Wegis, Klein-Wegis, representing
the Panama Center Partners, spoke in
opposition.
The following individuals spoke in
support to rehear: George Martin,
Borton-Petrini, representing the
neighborhood; Ellen Ward, representing
Alexander Kennedy; Mr. Hardy,
representing mid-block owners.
Hearing closed.
Motion by McDermott to rehear.
FAILED
NS EDWARDS
DEMOND
SMITH
BRUNNI
SALVAGGIO
Rehearing of proposed amendment to the
Land Use Element of the Metropolitan
Bakersfield 2010 General Plan and
proposed environmental documents to
change from LR to GC on 15.5 acres and
from LR to HR on 14.5 acres located at
the southwest corner of Panama Lane and
Wible Road. (Seg. II, GPA 2-92)
(Ward 6).
DELETED
Bakersfield, California, September 16, 1992 - Page 9
8. HEARINGS continued
ACTION TAKEN
Rehearing of appealed Zone Change No.
5324 to change 15.5 acres from Low
Density Single Family Residential to
General Commercial and 14.5 acres to
High Density Multiple Family at the
southwest corner of Panama Lane and
Wible Road. (Ward 6)
Appeal hearing of the Planning
Commission approval of Zone Change No.
5348 located at the northeast corner
of Pacheco Road and Buena vista Road.
(Ward 4)
Roger Mcintosh, Martin-Mcintosh
Engineering, representing the original
applicant, Kern College Land Company,
spoke in opposition.
The following individuals spoke in
support: Steve Hartsell, Schools
Legal Service attorney, representing
the Kern High School District; Neil
Olson, Superintendent of Schools Office.
Hearing closed.
Motion by Brunni to uphold the decision
of the Planning Commission with respect
to C-2 zoning.
DELETED
APPROVED
Motion by Brunni to refer the Section R2
mitigating circumstances back to the
Planning Commission.
APPROVED
Bakersfield, California, September 16, 1992 - Page 10
8. HEARINGS continued
ACTION TAKE~
Appeal hearing of the decision of the
Board of Zoning Adjustment denying the
request by DeWalt Corporation for
modification to permit the reduction of
the minimum allowable 10t width on both
lots from 60 feet to 46 feet for
proposed Parcel A, and 41 feet for
proposed Parcel B at 924 Oleander Avenue.
(Ward 1)
The following individuals spoke in
opposition: Margaret Ursin; Jim Gabel;
John Howe; Jorge DelToro.
The following individuals spoke in
support: Greg Owens, DeWalt Corporation;
Frank Hinman, representing Dr. Fischer.
Hearing closed.
Motion by Edwards to overturn the
decision of the Board of Zoning
Adjustment.
APPROVED
Bakersfield, California, September 16, 1992 - Page 11 ·
8. HEARINGS continued
ACTION TAKEN
Hearing as required by Resolution No.
156-92 on proposed assessment for
Assessment District No. 91-1 (AD 91-1,
Hosking Trunk Sewer); adopting the
Engineer's Report; confirming the
assessment; and ordering the work.
(Wards 6 & 7)
Communication has been received in
opposition from: George Blalock;
C.W. McLaughlin; James and Joy Hanrihan;
Arthur L. Turner; Gordon B. Slater; Eda
Sandrini, Trustee for Zita and Tom
Dependiazzi; George and Edna Blalock;
Roger and Peggy Whitaker; Christopher
M. Dietrich, representing Joe and Diane
Riggs.
Additional communication was received
from Marguerite Ann Bentz; Ed Wilson,
Wilson & Associates; G. B. Slater; Dorothy
Parker; Mary D. and Lori Ann Marctich;
Diana Johnson; Cecil and Rose Tackett.
Ed Wilson, Wilson & Associates, spoke.
The following individuals spoke in
opposition: Gordon Slater; Arthur Turner;
Frank Fugitt; Ken Neblet; Rose Tackett.
The following individuals spoke in
support: Bob Jackson; Steve DelPapa;
John Guimarra.
Tom Keene, Jackson, Hargrove & Emrick,
bond council for the City on this
project, addressed the Council regarding
assessment bonds.
Hearing closed.
Motion by McDermott to refer to staff
to deal with some of the issues and
bring back to the September 30, 1992
Council meeting.
APPROVED
Bakersfield, California, September 16, 1992 - Page 12
8. HEARINGS continued
ACTION TAKEN
Hearing for consideration of adoption
of the Conflict of Interest Code for
the city of Bakersfield.
No one spoke at hearing. Hearing
closed.
Motion by Peterson to adopt.
APPROVED
ABDEMOND
9. REPORTS
Budget and Finance committee Report
No. 10-92 regarding Kern Economic
Development Corporation (KEDC)
Agreement.
Agreement with Kern Economic
Development Corporation dedicated
to attracting new industry to the
County.
Motion by McDermott to accept Report,
implement recommendations, approve
Agreement and authorize the Mayor to
execute.
CON 92-197
APPROVED
Budget and Finance committee Report No.
11-92 regarding Fiscal Year 1992-93
State Budget Impact.
Motion by McDermott to accept Report
and implement recommendations.
APPROVED
Water Resources Committee Report No.
1-92 regarding Canal Beautification
Plan.
Motion by Salvaggio to accept Report APPROVED
and implement recommendations.
Bakersfield, California, September 16, 1992 - Page 13 ~)
9. REPORTS
ACTION TAKEN
Urban Development committee Report No.
4-92 regarding Riverlakes Ranch
Transportation Impact Fee.
Motion by Peterson to accept Report.
APPROVED
10. ACTION ON BIDS
Traffic signal installation on Panama
Lane at Wible Road. (Wards 6 & 7)
Motion by Salvaggio to accept low bid
from A-C Electric Company in the
amount of $81,839.00, and authorize
the Mayor to execute the Contract.
CON 92-198
APPROVED
Annual Contract for water meters for
Water Resources Department.
Motion by Peterson to accept low bid
from Kent Meters in the amount of
$102,866.16 and authorize the Mayor to
execute the Contract.
CON 92-199
APPROVED
Annual Contract for office supplies for
all departments.
Motion by DeMond to accept low bid from
Boise Cascade in the amount of $48,665.97
and authorize the Mayor to execute the
Contract.
CON 92-200
APPROVED
11. DEFERRED BUSINESS
Ordinance amending Sections 1.12.040,
1.12.060 and 1.12.070 of the
Bakersfield Municipal Code relating
to Ward Boundaries (Wards 4, 6 and 7).
ORD 3478
Motion by McDermott to adopt. APPROVED
AB BRUNNI
Bakersfield, California, September 16, 1992 - Page 14
11. DEFERRED BUSINESS continued
ACTION TAKE~
Ordinance amending Title 17 of the
Bakersfield Municipal Code and zoning
Map No. 102-18 by changing the zoning
of 5 acres located along the northwest
corner of Verdugo Lane and Hageman Road
from A-20A to C-1. (Ward 4)
Motion by McDermott to adopt.
ORD 3479
APPROVED
ABBRUNNI
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-32 by changing the zoning
of 10.4 acres located north of the
Cross Valley Canal, west of River Ranch
Drive, east of Harvest Creek Road, and
south of Sand Fox Court from an M-2 Zone
to an R-1 Zone. (Ward 4)
Motion by McDermott to adopt.
ORD 3480
APPROVED
ABBRUNNI
Ordinance amending Title 17 of the
Bakersfield Municipal code and Zoning
Map No. 103-24 by changing the zoning
of 27.38 acres generally located south
of Highway 178, west of Morning Drive,
from an R-2 to an R-1 Zone. (Ward 3)
Motion by McDermott to adopt.
0RD3481
APPROVED
AB BRUNNI
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 103-35 by changing the zoning
of 1.7 acres located at the northeast
corner of East Brundage Lane and Oswell
Street from an R-1 to a C-2 Zone.
(Ward 1)
ORD 3482
Motion by McDermott to adopt. APPROVED
AB BRUNNI
Bakersfield, California, September 16, 1992 - Page 15 ')
11. DEFERRED BUSINESS continued
ACTION TAKEN
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-35 by changing the zoning
of 145 acres located between McKee
Road and Taft Highway and east of
Stine Road from an R-1 10,000 to R-1
Zone. (Ward 6)
Motion by McDermott to adopt.
ORD 3483
APPROVED
AB BRUNNI
Amendment to the Land Use Element of
the Metropolitan Bakersfield 2010
General Plan concerning Segment VIII:
Greg Gibbons, Regional Mortgage, Inc.,
has applied to amend the Land Use
Element consisting of a change from SR
to LR on 100 acres generally located
between Hosking, McKee, Akers and Stine
Roads. (Ward 6)
Motion by McDermott to adopt Resolution.
RES 176-92
APPROVED
AB BRUNNI
Amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General
Plan and proposed environmental
documents concerning Segment IX:
Harold Robertson of Porter-Robertson
Engineering has requested an amendment
to the Land Use Element consisting of a
change from ER to LR on 132 acres and
HMR on 16 acres for the site generally
located west of Stine Road between
Hosking Avenue and McKee Road. (Ward 6)
Motion by McDermott to reconsider
Resolution No. 164-92.
RES 177-92
APPROVED
AB BRUNNI
Motion by McDermott to adopt APPROVED
Resolution. AB BRUNNI
Bakersfield, California, September 16, 1992 - Page 16
11. DEFERRED BUSINESS continued
ACTION TAKEN
Amendment to the Land Use Element of
the Metropolitan Bakersfield 2010
General Plan and Riverlakes Ranch
Specific Plan and proposed environ-
mental documents concerning Segment X:
DeWalt Corporation proposes to amend
the Land Use Element and Riverlakes
Ranch Specific Plan from LI to LR on
59.51 acres north of Meany Avenue,
south of Krebs Road, between Coffee
Road and Patton Way. (Ward 4).
Motion by McDermott to adopt Resolution.
RES 178-92
APPROVED
AB BRUNNI
12. NEW BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 103-33 by prezoning property
south of Virginia Avenue generally
west of Industrial Street, north of
Brundage Lane (Brundage No. 4
Annexation). (Ward 1)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 104-14 by changing the zoning
of 6.45 acres located south of Casa
Club Drive (private street) adjacent to
the 18th Fairway at Rio Bravo Golf
Course from an R-2 Zone to an R-1 Zone.
(Ward 3)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-21 by changing the zoning
of 61 acres located north of Meany
Avenue, south of Krebs Road, east of
Coffee Road and west of Patton Way
from an M-1 Zone to R-1 and P Zones.
(Ward 4)
FR
FR
FR
Bakersfield, California, September 16, 1992 - Page 17 i
12. NEW BUSINESS
ACTION TAKEN
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-34 by prezoning property
west of Stine Road between Hosking
Avenue and McKee Road (Stine No. 9
Annexation). (Ward 6)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and zoning
Map No. 123-35 by changing the zoning
of 100 acres located between Hosking,
McKee, Akers and Stine Roads from A-20A
to R-1 on 93.5 acres and R-1 CH on 6.5
acres. (Ward 6)
Amendment to Agreement No. 91-71 with
Kern Refuse Disposal, Inc. allowing for
adjustment of refuse rates.
Motion by DeMond to adopt.
FR
FR
AGR 92-201
APPROVED
NS SALVAGGIO
AB BRUNNI
Second Amendment to Lease Agreement No.
88-45 with Bakersfield Senior Center,
Inc. for an additional two years of
storage facility use.
Motion by McDermott to approve.
AGR 92-202
APPROVED
AB EDWARDS
BRUNNI
Consultant's Agreement with Camp
Dresser & McKee Inc. for Part 2
National Pollutant Discharge
Elimination System Application.
(Wards 1-7)
Motion by Peterson to approve.
AGR 92-203
APPROVED
NS MCDERMOTT
AB BRUNNI
Bakersfield, California, September 16, 1992 - Page 18
12. NEW BUSINESS
ACTION TAKEN
Designation of voting delegate and
alternate for National League of Cities
Annual Congress of Cities.
Motion by McDermott to not send a
delegate.
APPROVED
ABBRUNNI
13. COUNCIL STATEMENTS
McDermott made a motion to refer the issue
of selling the water rights to the Kern
River to the Water Board.
APPROVED
AB BRUNNI
McDermott referred the issue of Proposition
167 to the Legislative and Litigation
Committee to bring back a recommendation.
McDermott made an announcement that GET will
be moving to Wible Road and urged staff to
correspond to GET strong concerns regarding
this location.
Salvaggio referred to staff the issue of
the past City Manager's history report of
City Managers, 1915 to 1992, regarding the
bond waiver for the Clarion Hotel.
Salvaggio expressed his concerns with the
failure of GET to relocate.
Smith referred the issue of the possibility
of a sound wall on Highway 178, east of the
Bakersfield Country Club to staff.
Edwards referred the issue of limiting the
number of hearings for each meeting to the
City Manager.
Bakersfield, California, September 16, 1992 - Page 19
2. Closed Session continued
ACTION TAKEN
Closed Session pursuant to Government Code
Seotion 54957 regarding personnel matter.
Motion by DeMond to defer to Council Meeting
of September 30. 1992.
APPROVED
ABBRUNNI
14. ADJOURNMENT
Motion by Peterson at 11:55 p.m.
MAYOR of the City of Bakersfield, C~
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
nss