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HomeMy WebLinkAbout09/30/1992 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 30, 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, DeMond, Smith (seated at 5:30), Brunni (seated at 5:35), Peterson, McDermott, Salvaggio (seated at 5:35) None BAKERSFIELD MUNICIPAL AIRPORT MARKETING PLAN. Economic Development Principal Planner David Lyman presented the Airport Marketing Plan to include a suggested new name of Bakersfield Business Port. HOUSING ELEMENT OF THE GENERAL PLAN. Assistant Planning Director Stanley Grady made a presentation of the Housing Element; the process of preparing it; the relationship to the General Plan; content of the document and the legal status. CLOSED SESSION Motion by McDermott to recess to City Manager's Conference Room for Closed Session at 6:00 p.m. APPROVED AB PETERSON Closed Session pursuant to Government Code Eection 54957 regar4ing personnel matter. Motion by DeMond to adjourn Closed Session at 6:50 p.m. NAT APPROVED AB PETERSON Bakersfield, California, September 30, 1992 - Page 2 REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Conard Holt, Elder, First Assembly of God Church. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL ACTION TAKEN Present: Absent: Mayor Medders, Councilmembers Edwards, DeMond, Smith, Brunni (seated at 7:10), McDermott, Salvaggio Peterson 4. CLOSED SESSION ACTION (if any) Mayor Medders announced there was no action taken at the Closed Session. PRESENTATION Mayor Medders made a presentation to Connie Wattenbarger for "BCool" pornography aware- ness week and rally acknowledging citizens opposed to obscenity and lewdness. Connie Wattenberger invited the Council to attend the luncheon October 16, 1992 and rally October 17, 1992. Motion by McDermott to add New Business Item 12.e. which arose after the agenda was prepared. APPROVED AB BRUNNI PETERSON Encroachment Permit application from the Golden Empire Transit District to allow use of street right-of-way on the east side of Wible Road adjacent to the Valley Plaza Shopping Center as an interim bus transfer site. (Ward 6) City Attorney Lunardini explained that this item requires action tonight to provide enough time for GET to print their bus schedules. Bakersfield, California, September 30, 1992 - Page 3 CONSENT CALENDAR Approval of Voucher Nos. 1548 to 1705 inclusive, in the amount of $546,015.96 and Self Insurance Voucher Nos. 482 to 577 in the amount of $64,709.17. Communication from Richard Meyer, Martin-Mcintosh, 2001 Wheelan Court, dated September 15, 1992, regarding request to amend the General Plan Amendment and zone change for property located approximately 1/2 mile south of Brimhall Road, east of Calloway Drive realignment and north of the Kern River Freeway alignment. (Ward 4) (Receive and refer to Planning Commission) ACTION TAKEN Easements (3) to Pacific Gas and Electric Company to provide service to water well sites at various locations. (Ward 4) Notices of Completion and acceptance of work: Contract No. 92-24 with Hance Construction and Electric for construction of restroom-storage facility at Jefferson Park, completed September 21, 1992. Contract No. 92-136 with Granite Construction Company for resurfac- ing of Monterey Street, Union Avenue to Alta Vista Drive; Chester Lane, Mira Loma Drive to Real Road; Coffee Road, Stockdale Highway to Arvin-Edison Canal; Sandra Drive, White Lane to Planz Road; White Lane, Union Avenue to Madison Avenue, completed September 23, 1992. Contract No. 91-220 with Granite Construction Company for north tie-down apron, T-hangar taxiways, north access road, Planz Road loop and miscellaneous drainage improve- ments at Bakersfield Municipal Airport, completed September 9, 1992. DEED 3590 DEED 3591 DEED 3592 Bakersfield, California, September 30, 1992 - Page 4 6. CONSENT CALENDAR continued ACTION TAKEN so Contract No. 91-261 with Castle & Cooke Development Corporation for Tract No. 5489, Phase A, located at the northeast corner of Brimhall Road and Allen Road, completed September 18, 1992. Contract No. 91-65 with Castle & Cooke Development Corporation for Tract No. 5176 (landscape), located at the northeast corner of Harris Road and Spring Creek Drive, completed September 7, 1992. Contract No. 92-178 with ADAVCO, Inc. for Tract No. 5563, located at the southwest corner of Brimhall Road and River Ranch Drive, completed September 18, 1992. Contract No. 92-30 with Main Street Properties for Tract No. 5494, Phase I, located at the northwest corner of Hageman Road and Verdugo Lane, completed September 18, 1992. Contract No. 92-101 with Kyle Carter Homes, Inc. for Tract No. 5504, Phase I, located at the north- west corner of Calloway Drive and Meacham Road, completed September 18, 1992. Plans and Specifications for installation of reflectorized pavement markers at various locations. (Wards 1, 2, 3, 4, 5 & 6) Resolution approving amended Conflict of Interest Codes for the City of Bakersfield Departments, Boards and Committees. RES 179-92 g. Resolution supporting location of RES 180-92 National Music Center in Bakersfield. Bakersfield, California, September 30, 1992 - Page 5 6. CONSENT CALENDAR continued ACTION TAKEN New job specifications for Airport Supervisor and Human Resources Manager; revised job specification for Law Office Administrator: Resolution amending Resolution No. 90-92 setting salaries and related benefits for Officers and employees of the General Supervisory, Police Supervisory and Management Units (Airport Supervisor, Human Resource Manager). Map and Improvement Agreements: Final Map and Improvement Agreements with Castle & Cooke Development Corporation for Tract 5616 consisting of 107 lots on 17.88 acres located at the southeast corner of Old River Road and Thoreau Avenue. (Ward 4) 2 o Final Map and Improvement Agreements with Castle & Cooke Development Corporation for Tract 5623 consisting of 44 lots on 17.68 acres located at the southwest corner of White Lane and Gosford Road. (Ward 4) Amendment No. 1 to Memorandum of Understanding (Agreement No. 91-254) with County of Kern to implement the Fair Housing Program. Award Annual Contract for light truck preventative maintenance to Quick Lube and Smog in the amount of $14,604.05 and authorize the Mayor to execute the Contract. (Public Works) Award annual contract for washing city vehicles to Niagara Corporation in the amount of $28,260.00 and authorize the Mayor to execute the Contract. (Public Works) RES 181-92 AGR 92-210 AGR 92-211 AGR 92-212 AGR 92-213 DELETED CON 92-214 CON 92-215 Bakersfield, California, September 30, 1992 - Page 6 6. CONSENT CALENDAR continued ACTION TAKEN mo Award Annual Contract for recycled paper to Vanier Business Forms in the amount of $10,081.50 and authorize the Mayor to execute the Contract. (All Departments) Award Contract for Priscilla Lane rehabilitation to AAA Engineering in the amount of $8,199.92 and authorize the Mayor to execute the Contract. (Ward 1) Motion by DeMond to adopt Items (a) through (n) of the Consent Calendar with the deletion of Item j. and correction of Item 1. CON 92-216 CON 92-217 APPROVED AB PETERSON PUBLIC STATEMENTS Craig Beasley, spoke regarding bid specifications on Agenda Item 10.c., atomic absorption spectrometer for Wastewater Treatment Lab. Steve Ruggenberg, G.E.T., requested to speak under Item 12.e. regarding Southwest Transfer Site. Co Bob Devereux, Association of Realtors, spoke regarding proposed revision to the Fair Housing Memorandum of Understanding. do Terri Palmquist, Jay Peavler and R. Ned Robey, spoke regarding abortion issues. Bakersfield, California, September 30, 1992 - Page 7 8. HEARINGS ACTION TAKEN Hearing for the purpose of considering a Resolution adopting the Housing Element of the General Plan. No one spoke at hearing. closed. Hearing Motion by Edwards to adopt Resolution making findings, adopting the Housing Element of the General Plan and adopting the Negative Declaration. RES 182-92 APPROVED AB PETERSON Hearing for the purpose of reconsidering an Ordinance amending Title 17 of the Bakersfield Municipal code and Zoning Map No. 102-36 by changing the Land Use Zoning of those properties located along the north side of Park Way, east of Oak Street from R-2 to C-1. (Ward 2) Correspondence was received from Vickie Austin Moore, dated September 29, 1992, in opposition to the zone change. The following individuals spoke in opposition: Paul Werly, Carol Evans, Kurt Hettinger, Michael Meyers, Judy Worley, Lori Hettinger, Vickie Moore. Dominic Colletta, attorney representing the applicant, spoke in support. Hearing Closed. Motion by DeMond to readopt Ordinance No. 3471 with amended Exhibit A and Negative Declaration. ORD 3484 APPROVED AB PETERSON Hearing for the purpose of considering changes in the parking fee schedule for the 18th and Eye Streets parking structure. (Ward 2) No one spoke at hearing. Hearing closed. Motion by McDermott to adopt a flat rate fee schedule for the 18th and Eye Streets parking structure, effective November 1, 1992. APPROVED AB PETERSON Bakersfield, California, September 30, 1992 Page 8 8. HEARINGS ACTION TAKEiN Hearing to consider the 1992-Z011 Regional Transportation Capital Improvement Plan. No one spoke at hearing· Hearing closed. Motion by McDermott to adopt Resolution. RES 183-92 APPROVED AB PETERSON Hearing for the purpose of considering a Resolution finding that certain weeds, debris, junk vehicles and discarded articles on the property located at 311 Garnsey Road constitutes a public nuisance and directing the chief of the Fire Department to abate such nuisance. (Ward 5) No one spoke at hearing. Hearing closed. Motion by McDermott to adopt. RES 184-92 APPROVED ABPETERSON REPORTS Budget and Finance Committee Report No. 12-92 regarding Amendments to the Fiscal Years 1990 and 1991 community Development Block Grant Application. AGR 92-218 Motion by McDermott to accept Report and APPROVED implement recommendations. ABPETERSON Bakersfield, California, September 30, 1992 - Page 9 10. ACTION ON BIDS ACTION TAKEN Resolution determining that a used semi-truck and trailer can not be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $80,000. (Semi-truck and 40,000 lb. trailer for Sanitation Division Recycle Program) Motion by DeMond to adopt. RES 185-92 APPROVED ABPETERSON Reroofing the Development Services Building at 1715 Chester Avenue. (Ward 2) Motion by DeMond to accept low bid from Weststar Roofing and Air Condition- ing in the amount of $37,920.00. CON 92-220 APPROVED AB PETERSON Atomic absorption spectrometer for Wastewater Treatment Lab. Motion by McDermott to accept bid from Hitachi Instruments in the amount of $93,741.69. APPROVED AB PETERSON Kern Island Canal culvert extension at Union Avenue (Ward 1); Stine Canal culvert extension at Stine Road (Ward 5); Farmers Canal culvert at Harris Road (Ward 6). Motion by McDermott to accept low bid from Baymarr Constructors in the amount of $129,899.00. CON 92-221 APPROVED AB PETERSON Traffic signal on Ming Avenue at Old River Road. (Ward 4) Motion by Brunni to accept low bid from John Black Electric in the amount of $112,456.60. CON 92-219 APPROVED AB PETERSON Bakersfield, California, September 30, 1992 - Page 10 10. ACTION ON BIDS continued ACTION TAKEN Traffic signal controller equipment parts. Motion to accept low bid from Safetran Traffic Systems, Inc. in the amount of $78,263.22. APPROVED AB PETERSON 11. DEFERRED 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) (First reading September 16, 1992) McDermott and Smith were absent due to conflict of interest. Motion by Edwards to adopt. ORD 3485 APPROVED AB MCDERMO~U SMITH PETERSON 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) (First reading September 16, 1992) ORD 3486 Motion by Smith to adopt. APPROVED AB PETERSON Bakersfield, California, September 30, 1992 - Page 11 11. DEFERRED BUSINESS continued ACTION TAKEN 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) (First reading September 16, 1992) Motion by Brunni to delete from agenda and direct staff to set this matter for a noticed public hearing on November 4, 1992. APPROVED AB PETERSON 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) (First reading September 16, 1992) Motion by McDermott to adopt. 0RD3487 APPROVED ABPETERSON 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-Z0A to R-1 on 93.5 acres and R-1 CH on 6.5 acres. (Ward 6) (First reading September 16, 1992) Brunni was absent due to conflict of interest. Motion by McDermott to adopt. ORD 3488 APPROVED AB BRUNNI PETERSON Bakersfield, California, September 30, 1992 - Page 12 11. DEFERRED BUSINESS continued ACTION TAKEN fo Resolution making findings denying Zone Change NO. 5324 located at the southwest corner of Wible Road and Panama Lane (GPA 2-92, Segment II). (Ward 6) Motion by Salvaggio to adopt. RES 186-92 APPROVED NS MCDERMOTT AB PETERSON Resolution making findings denying Segment II of proposed Amendment to the Land Use Element of the Metropol- itan Bakersfield 2010 General Plan (Land Use Element Amendment 2-92). (Ward 6) Motion by Salvaggio to adopt. RES 187-92 APPROVED NS MCDERMdFI~.U ABPETERSON no Subdivision Resolution No. 17 overturning the decision of the Planning Commission to allow a Gosford Road driveway to remain subject to conditions for Parcel Map 8096 located south of White Lane, east of Gosford Road. Motion by Brunni to adopt. APPROVED ABPETERSON Zoning Resolution No. 409 overturning the decision of the Board of Zoning Adjustment on the appeal by DeWalt Corporation denying a modification to permit the reduction of the minimum allowable lot 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) Motion by Edwards to adopt. APPROVED AB PETERSON Bakersfield, California, September 30, 1992 - Page 13 11. DEFERRED BUSINESS continued ACTION TAKEN Assessment District No. 91-1, Hosking Trunk Sewer, adopting the Engineer's Report; confirming the assessment and ordering the work. (Wards 6 & 7) Correspondence has been received from Don O. Neufeld for Jackson, Hargrove, Emerich, Pedreira & Nahigian, regard- ing reimbursement from Williamson Act parcels. Motion by McDermott to move this item to the last item on the agenda. NAT Salvaggio referred to staff the issue from Mr. Slater indicating that the properties on either side of Berkshire Road from Wible to Freeway 99 are classed as landlocked. Motion by McDermott to recognize Mr. Etchechurry. FAILED Mayor Medders announced that Council will come back to this item. (Deferred Business Item 11.j. continued on Page 16) 12. NEW BUSINESS Resolution of Intention No. 1098 declaring the City's intention to establish Maintenance District No. 4, Division 8, and setting october 21, 1992 for hearing protests to the proposed district (Gotrill Street). (Ward 1) Motion by Edwards to adopt. APPROVED AB PETERSON Bakersfield, California, September 30, 1992 - Page 14 12. NEW BUSINESS continued ACTION TAKEN 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. 1098, Gotrill Street). (Ward 1) Motion by Edwards to adopt. RES 188-92 APPROVED AB PETERSON Resolution of Intention No. 1099 declaring the City's intention to order the vacation of the north/south alley connecting Bernard Street to Jefferson Street, between Alta Vista Drive and Inyo Street (Block 7 of Alta Vista Tract). (Ward 2) (Hearing set for October 21, 1992) Motion by DeMond to adopt. APPROVED ABPETERSON Bakersfield, California, September 30, 1992 - Page 15 12. NEW BUSINESS continued ACTION TAKEN Amendments to Fiscal Year 1992-93 Operating and capital Improvements Budgets for the City of Bakersfield, the Central District Development Agency, and the community Development Block Grant Funds: Resolution amending Resolution No. 98-92 approving and adopting the Operating and Capital Improvements Budgets for the City of Bakersfield for Fiscal Year 1992-93. Motion by McDermott to adopt. Resolution amending Resolution No. 99-92 approving and adopting the Operating and Capital Improvements Budgets for the Central District Development Agency for Fiscal Year 1992-93. Motion by McDermott to adopt. RES 189-92 RES 190-92 APPROVED ABPETERSON APPROVED AB PETERSON Encroachment Permit application from the Golden Empire Transit District to allow use of street right-of-way on the east side of Wible Road adjacent to the Valley Plaza Shopping Center as an interim bus transfer site. (Ward 6) Steve Ruggenberg spoke regarding the impact on this temporary site. Motion by McDermott to approve the Encroachment Permit with the following conditions: 1. The permit shall expire 6 months after issue date. Golden Empire Transit shall be responsible for any repairs of damage to the roadway, including sidewalk. APPROVED AB PETERSON · ; Bakersfield, California, September 30, 1992 - Page 16 11. DEFERRED BUSINESS continued ACTION TAKEiN Assessment District No. 91-1, Hosking Trunk Sewer, adopting the Engineer's Report; confirming the assessment and ordering the work. (Wards 6 & 7) The following individuals spoke: Maurice Etchechurry, Joseph Leon and Ed Wilson. Salvaggio requested staff to respond, in writing, to Mr. Slater. RES 191-92 Motion by McDermott to overrule protests; accept changes to Engineer,s Report; adopt Resolution preliminarily approving the Engineer's Report in final form; confirm the assessment in final form; order the work; order the recordation, notice and collection of the assessment; and order staff to prepare the documents for a planned sewer district that will take into account the further development of the property in the future and the pro rata reimbursement of the current property owners, or future property owners, in that case. APPROVED AB PETERSON 13. COUNCIL STATEMENTS Salvaggio requested City Manager Tandy to request Economic Development do a survey, at the appropriate time of the year, of the recently annexed area Pacheco No. 10; the 2 or 3 streets as a potential Community Development Block Grant project for curb and gutter. Salvaggio reminded staff of his request at the last Council meeting regarding the City Manager history report on the Clarion Hotel Completion Agreement that was supposedly waived and Council to be provided with a memo. Bakersfield, California, September 30, 1992 - Page 17 13. COUNCIL STATEMENTS continued ACTION TAKEN Brunni referred to Public Works a letter from Mr. Garlock regarding sewer issue in the Jewetta area. Brunni informed the Council that October 10, 1992 she will be going to the League of California Cities Conference and asked for feedback on the resolutions to be voted on. 14. ADJOURNMENT Motion by McDermott at 9:45 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA nss