HomeMy WebLinkAbout10/21/1992 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 21, 1992
WORKSHOP- 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Councilmembers Edwards, DeMond,
Smith, Brunni (seated at 5:30),
Peterson (seated at 5:45),
McDermott, Salvaggio
Mayor Medders
COUNCIL PROCEDURES.
City Attorney Lunardini presented a hand-out
and clarified parliamentary laws and
summarized Mason's Rules·
AGENDA, COUNCIL INFORMATION.
City Manager Tandy spoke regarding agenda
format, procedures, and providing timely
information to Council.
Motion by Brunni to recess for Closed
Session at 6:35 p.m.
APPROVED
AB MEDDERS
CLOS~n, SESSION
Closed Session pursuant to Government Code
Section 54956.9 regarding litigation in the
case of Suderman, et al., rs. City of
Bakersfield.
CITY A~rORNA~'
AUTHORIZEDTO
ENTER INTO
SETTLEMENT
Motion by McDermott to adjourn Closed APPROVED
Session at 7:00 p.m. AB MEDDERS
Bakersfield,
California,
October 21,
1992 - Page 2
~(~J~M~-~-TIN(~- 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Randy Rankin, Board of Directors, First Assembly
of God Church.
PLEDGE OF ALLEGIANCE by St. Francis Boy Scout Troop #125, leader
Bill Scanlan.
ROLL CALL
ACTION TAKEN
Present: Councilmembers Edwards, DeMond,
Smith, Brunni, Peterson, McDermott,
Salvaggio
Absent: Mayor Medders
CLOSED SESSION ACTION (if any)
City Attorney announced the Closed Session
action as reflected on Page 1.
PRESENTATION by Paul Elias, P.G.& E., of
a rebate check in the amount of $8,750
for conversion of City vehicles to CNG
(Compressed Natural Gas).
CONSENT CALENDAR
Approval of Voucher Nos. 1706 to 2727
inclusive, in the amount of $3,089,085.94
and Self Insurance Voucher Nos. 578 to 834
in the amount of $207,059.06.
Minutes of the City Council Meetings for:
August 26, 1992, September 16, 1992 and
September 30, 1992.
c. Communication from:
Douglas Mathews, Telstar Engineering,
dated September 28, 1992, regarding
General Plan Amendment.
(Receive and refer to Planning Commission)
Bakersfield, California, October 21, 1992 - Page 3
6. CONSENT CALENDAR continued
ACTION TAKEN
Co 2.
Steven C. Anderson, dated September
30, 1992, regarding resignation
from Planning Commission.
(Receive and place on file)
Stephen Ruggenberg, GET, dated
October 5, 1992, regarding vacancy
on the Board of Directors.
(Receive and place on file)
Quitclaim of sewer easement to
Riverlakes Ranch Limited Partnership.
Plans and Specifications:
Traffic signal installation on
District Boulevard at Gosford
Road. (Ward 4)
Construction of a storm drain
system on F Street between
Truxtun Avenue and 21st Street.
(Ward 2)
4th Street culvert extension at
the Kern Island Canal. (Ward 1)
Notices of Completion and acceptance
of work:
Contract No. PW92-52 with Granite
Construction Company for a left
turn pocket at the intersection of
Union Avenue and Loma Linda Drive,
completed September 25, 1992.
Contract No. PW92-48 with Alcorn
Fence Company for replacement of
guard rail on the Manor Street
Bridge, completed October 5, 1992.
Contract No. 92-110 with Valley
Steel Construction for construction
of police storage structure at 15th
and H Streets, completed October 8,
1992.
DEED 3601
Bakersfield, California, October 21, 1992 - Page 4
6. CONSENT CALENDAR continued
ACTION TAKEN
fo 4,
ho
j o
Contract No. 92-135 with Loop
Electric for traffic signal
modification on Oak Street at
Palm Street, completed October
13, 1992.
Contract No. 92-01 with Hinesly
Development for Tract No. 5421,
southeast of Olive Drive and
Fruitvale Avenue, completed
October 8, 1992.
6e
Contract No. 87-235 with Castle
& Cooke Development Corporation
for the construction of Ming
Avenue from Old River Road to
Buena vista Road, completed
September 8, 1992.
Contract No. 87-237 with Castle
& Cooke Development Corporation
for a sewer lift station located
on Ming Avenue, 1/2 mile west of
Old River Road, completed
September 8, 1992.
Resolution amending the official list
of designated speed zones, pursuant to
Sections 22357 and 22358 of the
California Vehicle Code. (Hageman Road)
(Ward 4)
Resolution making findings that a water
efficient landscaping ordinance is not
necessary.
Resolution authorizing Fuel Efficient
Traffic Signal Management (FETSIM)
Program grant application.
Resolution amending Resolution No.
102-92 adopting fees and service
charges pursuant to the revenue/cost
comparison system under Chapter 3.70
of the Bakersfield Municipal Code.
Resolution approving the Central City
Master Street Tree Plan as transmitted
to the City Council from the Central
District Development Agency.
REMOVED FOR
SEPARATE
CONSIDERATION
RES 192-92
RES 193-92
RES 194-92
RES 195-92
Bakersfield, California, October 21, 1992 - Page 5
6. CONSENT CALENDAR continued
ACTION TAKEN
1. Maps and Improvement Agreements:
Hardt Construction for Tract 5594,
Phase A, north of Hageman Road and
east of Allen Road. (Ward 1)
Glenwood Partners for Tract 5389,
Phase 2 and 3, at the southeast
corner of Akers Road and Berkshire
Road. (Ward 6)
3 o
DeWalt Corporation for Tract 5416,
Phase 4, north of Noriega Road and
east of Jewetta Avenue. (Ward 4)
Agreement with the Panama-Buena Vista
School District for after-school
activities.
Agreement with the Bakersfield City
School District to provide Drug Abuse
Resistance Education (DARE) from
September 1992 through June 30, 1993.
Agreement with Kern Union High School
District to provide services at school
functions/activities.
Amendment No. 1 to Independent
Contractor's Agreement No. 91-221 with
DeWalt Corporation for design engineering
services (Hosking Trunk Sewer Project).
Amendment No. 1 to Memorandum of
Understanding (Agreement No. 91-254)
with the County of Kern to implement
the Fair Housing Program.
Master Agreement with County of Kern
for the operation and maintenance of
all traffic control signal and lighting
systems at intersection of joint
County/City jurisdiction.
AGR 92-222
AGR 92-223
AGR 92-224
AGR 92-225
AGR 92-226
AGR 92-227
AGR 92-228
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 92-229
AGR 92-230
AGR 92-231
AGR 92-232
AGR 92-233
Bakersfield, California, October 21, 1992 - Page 6
6. CONSENT CALENDAR continued
ACTION TAKEN
Appropriation of 1992-93 TDA Article 3
allocation in the amount of $130,261
to the Public Works Capital Improvement
budget and $2,400 to the Public Works
Operating budget within the TDA Funds
for construction of a bicycle path
between Manor Street and Fairfax Road
(City portion) and acquisition of
bicycle lockers.
Motion by DeMond to adopt Items (a)
through (s) with the exception of Items
g. s. and m. of the Consent Calendar.
REMOVED FOR
SEPARATE
CONSIDERATIC~
APPROVED
AB MEDDERS
Resolution amending the official list
of designated speed zones, pursuant to
Sections 22357 and 22358 of the
California Vehicle Code. (Hageman Road)
(Ward 4)
Motion by Brunni to delay until the
meeting of November 4th.
APPROVED
AB MEDDERS
Agreement with the Panama-Buena Vista
School District for after-school
activities.
Motion by Edwards to approve.
AGR 92-234
APPROVED
ABMEDDERS
Appropriation of 1992-93 TDA Article 3
allocation in the amount of $130,261
to the Public Works Capital Improvement
budget and $2,400 to the Public Works
Operating budget within the TDA Funds
for construction of a bicycle path
between Manor Street and Fairfax Road
(City portion) and acquisition of
bicycle lockers.
Motion by Brunni to approve. APPROVED
AB MEDDERS
Bakersfield, California, October 21, 1992 - Page 7
7. PUBLIC STATEMENTS
ACTION TAKEN
Cathleen MacDonald, Tim Palmquist and
Carlotta Fondren, spoke regarding the
abortion issue and submitted petitions.
Janice Thompson spoke asking for support
for the need of a major grocery store in
the southeast.
(Public Statements continued on Page 8)
HEARINGS
Assessment lists by the Fire Chief
specifying abatement performed and
description of the properties upon which
hazardous weeds, debris and waste matter
were removed. (Wards 1, 2,
& 7)
Properties located at: 228 Augusta; 324
Augusta; N/W corner of S. Owens & E.
Brundage Lane; 2301 B Street; and 1208
Pacheco Road.
No one spoke at hearing. Hearing closed.
Motion by Edwards to adopt Resolution.
RES 196-92
APPROVED
AB MEDDERS
Consideration of the resolution finding
that certain weeds, grasses and waste
matter on the listed properties constitute
a public nuisance.
(Ward 1)
Properties located at: Vacant lot west
of 1003 N Street; 1413 Murdock Street.
No one spoke at hearing. Hearing closed.
RES 197-92
Motion by Edwards to adopt Resolution. APPROVED
AB MEDDERS
Bakersfield, California, October 21, 1992 - Page 8
8. HEARINGS continued
ACTION TAKEM
Establishment of Maintenance District
No. 4, Division 8, confirming the
assessment and authorizing collection
of assessments by the Kern County Tax
Collector. (Gotrill Street,
Resolution of Intention No. 1098)
(Ward 1)
Hearing opened.
Manuel Gonzales spoke in opposition
and submitted petitions.
Hearing closed.
Motion to continue the issue to the
meeting of November 4th.
APPROVED
AB MEDDERS
PUBLIC STATEMENTS continued
Robert Emberger spoke regarding abandoned
vehicles and shrub maintenance in the
downtown area.
City Attorney Lunardini responded that
abandoned vehicles should be reported to
his office.
HEARINGS continued
Vacation of the north/south alley
connecting Bernard Street to Jefferson
Street, between Alta Vista Drive and
Inyo Street. (Block ? of Alta Vista
Tract, Resolution of Intention No. 1099}
(Ward 2)
No one spoke at hearing. Hearing closed.
RES 198-92
Motion by DeMond to adopt Resolution. APPROVED
ABMEDDERS
Bakersfield, California, October 21, 1992 - Page 9
8. HEARINGS continued
ACTION TAKEN
Appeal of the Board of Zoning Adjustment
decision by Clyde Barbeau, Truxtun
Partners II, for modification to permit
the reduction of parking from 197 spaces
to 93 spaces at 5301 Truxtun Avenue.
(Ward 5)
Planning Director Hardisty provided back-
ground information.
Hearing opened.
The following individuals spoke in
opposition: Clyde Barbeau, Truxtun
Partners II; Gale Darling, Automobile
Club of Southern California.
David Milazzo, representing owner and
tenant, spoke in support.
Brunni requested the issue of allowing
credit for parking on other properties
be referred back to staff.
Motion by Peterson to uphold the
decision of the Board of Zoning
Adjustment with amended conditions
recommended by staff.
FAILED
NS MCDERMOTT
EDWARDS
BRUNNI
SALVAGGIO
AB MEDDERS
Motion by McDermott to reconsider
previous action of Council.
APPROVED
ABMEDDERS
Motion by Peterson to uphold the
decision of the Board of Zoning
Adjustment with the amended condition
to provide 115 parking spaces (58
on-site, 57 off-site).
APPROVED
NS SMITH
SALVAGGIO
AB MEDDERS
Bakersfield, California, October 21, 1992 - Page 10
9. REPORTS
ACTION TAKEN
Report No. 4-92 from Legislative and
Litigation Committee regarding Amend-
ment of the Adult Entertainment
Businesses Ordinance.
Ordinance amending Chapter 5.06
of the Bakersfield Municipal Code
relating to adult entertainment
businesses.
Report No. 5-92 from Legislative and
Litigation committee regarding
Proposition 156, Passenger Rail and
Clean Air Bond Act.
Motion by Smith to accept Report with
amendment to locations.
DELETED
APPROVED
AB DEMOND
MEDDERS
Motion by Smith to support Proposition
156.
APPROVED
AB DEMOND
MEDDERS
Ce
Report No. 6-92 from Legislative and
Litigation Committee regarding
Proposition 167, State Taxes.
(Majority)
Motion by Smith to add Report which
arose after the agenda was prepared:
APPROVED
ABDEMOND
MEDDERS
Report No. 7-92 from Legislative and
Litigation Committee regarding
Proposition 167, State Taxes.
(Minority)
Motion by McDermott to accept both
Reports.
APPROVED
AB DEMOND
MEDDERS
Susan Hopper spoke encouraging Council
to vote in opposition to Proposition
167.
Motion by McDermott for Council go in
opposition to Proposition 167.
APPROVED
ABDEMOND
MEDDERS
Bakersfield, California, October 21, 1992 - Page 11
9. REPORTS continued
ACTION TAKEN
Report No. 5-92 from Urban Development
committee regarding the Subdivision
Ordinance.
Ordinance amending Title 16 of the
Bakersfield Municipal Code relating
to subdivisions. (First Reading
May 20, 1992)
Roger Mcintosh, Martin-Mcintosh
Engineering, spoke of working with the
committee representing the BIA and
supports the change.
Motion by Peterson to accept Report and
adopt Ordinance.
0RD3489
APPROVED
AB DEMOND
MEDDERS
10. ACTION ON BIDS
Resolution determining that certain
communication equipment can be
reasonably obtained from only one
vendor, Motorola C & E, Inc., and
authorizing the Finance Director to
dispense with bidding therefor, not to
exceed $150,200. (Fire, Public Works
and community Services Departments)
Motion by Brunni to adopt.
RES 199-92
APPROVED
ABDEMOND
MEDDERS
International "Walk/Don't Walk"
pedestrian signal heads for various
locations.
Motion by Peterson to accept low bid
from Indicator Controls ($47,490.30).
APPROVED
AB DEMOND
MEDDERS
Bakersfield, California, October 21, 1992 - Page 12
10. ACTION ON BIDS continued
ACTION TAKEN
Rehabilitate and replace portions of
HVAC System at Development Services
Building, 1715 Chester Avenue. (Ward 2)
Brunni requested an accounting of all
monies spent on this particular building
to date.
Motion by Smith to accept low bid from
Air Conditioning Co., Inc., $43,619.78
Base Bid & Alternate 2, authorize an
additional amount not to exceed $1,390
for refrigerant, if required.
CON 92-235
APPROVED
AB DEMOND
MEDDERS
Air conditioning modification at
Bakersfield city Hall. (Ward 2)
Motion by Brunni to accept low bid from
Hillcrest Sheet Metal, Inc., $141,354
Base Bid and Deductive Bid Alternates 2
and 3.
CON 92-251
APPROVED
AB DEMOND
MEDDERS
11. DEFERRED BUSINESS
12. NEW BUSINESS
Ordinance amending Chapter 5.50 of the
Bakersfield Municipal Code relating to
taxicabs.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-31 by changing the zoning
of 49.53 acres located south of Brimhall
Road, east of Jewetta Avenue, west of
Calloway Drive and north of the Cross
Valley Canal from an A-20A Zone to an
R-1 Zone. (Ward 4)
Ordinance amending Section 1.12.070 of
the Bakersfield Municipal Code relating
to ward boundaries. (Ward 7)
FR
FR
FR
Bakersfield, California, October 21, 1992 - Page 13
12. NEW BUSINESS continued
ACTION TAKEN
ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map 123-21 by changing the zoning of
21.47 acres located south of the Stine
Canal, north of Spring Creek Loop,
approximately 450 feet northeast of
Wild Bend Lane from an R-1 Zone to a
P.U.D. Zone. (Ward 4)
Ordinance amending Section 16.32.060 E.
of the Bakersfield Municipal Code
relative to fees for construction of
Planned Sanitary Sewer Facilities
pursuant to adopted plans, or connection
to Sanitary Sewer Facilities, and adding
reference to Plans Adopted for Hosking
Planned Sewer Area. (Ward 6 & 7)
Agreement with Community First Bank to
exchange real estate located at 1408
18th Street and parcel located at the
southwest corner of 19th and L Streets.
(Ward 2)
Motion by Brunni to approve.
FR
FR
AGR 92-236
DEED 3604
DEED 3605
APPROVED
AB DEMOND
MEDDERS
Resolution providing for the adjustment
of property tax revenues upon local
agency jurisdictional change resulting
from Annexation No. 369, LAFCO Proceeding
No. 1119, Hosking No. 4 Annexation.
(Ward 7)
Motion by Salvaggio to adopt.
RES 200-92
APPROVED
AB DEMOND
MEDDERS
no
Resolution of Application proposing
proceedings for annexation of territory
to the City of Bakersfield identified
as Annexation No. 370, Stine No. 9
Annexation, located west of Stine Road,
between Hosking Avenue and McKee Road.
(Ward 6)
Motion by McDermott to adopt.
RES 201-92
APPROVED
ABDEMOND
MEDDERS
Bakersfield,
California,
October 21,
1992 - Page 14
12. NEW BUSINESS continued
ACTION TAKEiN
Resolution of Application proposing
proceedings for annexation of territory
to the city of Bakersfield identified
as Annexation No. 371, Brundage No. 4
Annexation, located south of Virginia
Avenue, generally west of Industrial
Street and north of Brundage Lane.
(Ward 1)
McDermott and Smith are absent to due
to conflicts of interest.
Motion by Edwards to adopt.
RES 202-92
APPROVED
AB MCDERMO~U
DEMOND
SMITH
j o
Form for future recycling bin agreements
for the City of Bakersfield.
Motion by Brunni to delay action until
November 4th.
APPROVED
AB DEMOND
MEDDERS
Parking Facility Management Agreement
with Five Star Parking. (18th & Eye)
(Ward 2)
Motion by McDermott to defer to November
4th.
APPROVED
AB DEMOND
MEDDERS
Confirm appointments made by Board of
Supervisors to the Fair Housing Advisory
Committee.
Motion by Salvaggio to approve.
APPROVED
ABDEMOND
MEDDERS
Two (2) appointments to the Board of
Zoning Adjustment due to the expiration
of terms of Edgar W. Schulz and Fred L.
Kloepper (Alternate), terms expiring
December 1, 1992.
Motion by Salvaggio to reappoint Edgar W.
Schulz and Fred L. Kloepper (Alternate).
APPROVED
AB DEMOND
MEDDERS
Bakersfield, California, October 21, 1992 - Page 15
13. COUNCIL STATEMENTS
ACTION TAKEN
Salvaggio thanked Public Works Director
Schulz and staff for outstanding work
regarding annexed area at So. Union and
Panama Lane.
Salvaggio announced Building Director
Bidwell is retiring November 7, 1992.
Edwards advised Councilmembers he had
placed several pieces of information
he obtained from Leauge in their
mailboxes.
Brunni referred the West Beltway Specific
Plan Line to the Intergovernmental Relations
Committee.
Brunni referred the issue of park development
fees in the North Bakersfield Recreation and
Park District to the Intergovernmental
Relations Committee.
Motion to approve the referrals.
Brunni referred correspondence from Sandra
Quigley, San Joaquin Valley Unified Air
Pollution Control District regarding the
bridge at Hageman and Friant-Kern Canal
to City Manager Tandy and possibly Public
Works Director Schulz.
Brunni referred issue of Project Clean Air
membership to Budget and Finance Committee
for review.
APPROVED
ABDEMOND
MEDDERS
APPROVED
AB DEMOND
MEDDERS
Brunni announced that she attended the
California League of cities conference
on behalf of the City Council.
McDermott referred the Western Beltway of
the Circulation Element of the 2010 Plan
to staff.
McDermott referred AB 408, parking fines,
to staff to refer to the appropriate
committee.
McDermott referred SB 1977 and the
additional requirements that it places on
increased taxes or assessments to staff
to analyze and report back to Council.
Bakersfield, California, October 21, 1992 Page 16
14. ADJOURNMENT
Motion by Peterson at 9:55 p.m.
APPROVED
ABDEMOND
MEDDERS
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
nss