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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