HomeMy WebLinkAbout11/04/1992 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 4, 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 5:20), DeMond,
Smith (seated at 5:22), Brunni,
Peterson (arrived at 5:25),
McDermott, Salvaggio
None
2 o
DOWNTOWN DEVELOPMENT INCENTIVES.
City Manager Tandy discussed the unreinforced
masonry issue downtown and an advocacy position
regarding downtown development.
Motion by McDermott to add an item to the
Workshop regarding the Council vacancy.
APPROVED
Motion by Brunni to add an item to Closed
Session regarding potential litigation.
APPROVED
POSSIBLE VACANCY ON THE CITY COUNCIL
Discussion between Council and Assistant
City Attorney Closs regarding the possible
Council vacancy in Ward 5 if Peterson
resigns.
Motion by Brunni to recess to Closed
Session at 6:15 p.m.
APPROVED
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54956.9(b) 1 regarding
potential litigation.
NAT
Motion by Brunni to adjourn Closed Session APPROVED
at 6:50 p.m.
Bakersfield, California, November 4, 1992 - Page 2
54
REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Rev. John Spurling, Pastor, First Assembly of God
Church.
2. PLEDGE OF ALLEGIANCE by Debbie Finn, South High School.
3. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Medders, Councilmembers
Edwards, DeMond, Smith, Brunni,
Peterson (seated at 7:53),
McDermott, Salvaggio
None
Introduction of the Student Body Presidents
from ten area high schools who will serve as
Mayor, City Council, City Manager and City
Attorney counterparts this evening. The
students are participating in the 38th
consecutive "Teen Government Day".
Mayor Medders announced that Hearing Item
8.d. has been deleted from the agenda to
be rescheduled at a later date.
4. CLOSED SESSION ACTION (if any)
City Attorney Lunardini announced the Closed
Session action as reflected on Page 1.
5. PRESENTATION
Mayor Medders presented Medals of Valor
to Randy Anderson and Randy Dominguez.
Councilmember Edwards and ED/CD Director
Wager presented t-shirts to Council
regarding the Lakeview Good Neighbor
Festival held last weekend.
PUBLIC STATEMENTS
Motion by smith to move Public Statements
the next to last item on the agenda.
APPROVED
NS SALVAGGIO
AB PETERSON
(Public Statements continued on Page 12)
Bakersfield, California, November 4, 1992 - Page 3
7. CONSENT CALENDAR
ACTION TAKEN
So
Approval of Voucher Nos. 2728 to
3232 inclusive, in the amount of
$1,408,804.89 and Self Insurance
Voucher Nos. 835 to 949 in the
amount of $164,291.08.
Minutes of Workshop, Closed Session
and Regular Meeting of October 21,
1992.
Communication from:
Debra L. Rosenlieb regarding
termination of Native American
Visions' lease in East Hills
Mall.
(Receive and refer to City Attorney)
Bob J. Jackson, Bojak Development,
Inc. requesting a maintenance
district for Tract 5001, Hosking &
So. H Street.
(Receive and refer to Public Works)
Notices of Completion and acceptance of
work:
Contract No. PW92-45 with Micon for
connection of sewer lateral on Stine
Road, completed October 19, 1992.
2 o
Contract No. 91-175 (Landscaping)
with Cambridge Development Co. for
Tract No. 5419, northeast of Jewetta
Avenue and Noriega Road, completed
October 14, 1992.
3 o
Contract No. 91-143 (Landscaping)
with DeWalt Corporation for Tract
No. 5416, Phase I, northeast of
Jewetta Avenue and Noriega Road,
completed October 14, 1992.
Bakersfield, California,
November 4, 1992
- Page 4
7. CONSENT CALENDAR continued
ACTION TAKEN
do 4.
Contract No. 92-148 with DeWalt
Corporation for Tract No. 5416,
Phase 2, northeast of Jewetta
Avenue and Noriega Road, completed
October 20, 1992.
Contract No. 92-149 with DeWalt
Corporation for Tract 5416, Phase
3, northeast of Jewetta Avenue and
Noriega Road, completed October 20,
1992.
Plans and Specifications:
Resurfacing various streets in
northeast Bakersfield. (Wards 1,
2 & 3)
Resurfacing various streets in
southwest Bakersfield. (Wards 1,
4, 5, 6 & 7)
Zoning Resolution No. 410 concerning an
appeal by Schools Legal Service
representing Kern High School District
and modifying the Planning Commission
approval of Zone Change No. 5348,
located at the northeast corner of
Pacheco Road and Buena Vista Road.
(Ward 4)
Zoning Resolution No. 411 upon the
appeal of Truxtun Partners II,
upholding the decision of the Board of
Zoning Adjustment and approving
Modification No. 5373, with conditions,
to permit the reduction of parking from
197 spaces to 115 spaces at 5301 Truxtun
Avenue. (Ward 5)
Bakersfield, California, November 4, 1992 - Page 5
7. CONSENT CALENDAR continued
ACTION TAKEN
j o
ko
Resolution amending Resolution No.
90-92 setting salaries and related
benefits for officers and employees of
the General Supervisory, Police
Supervisory and Management Units.
(Police Chief)
Resolution determining unpaid assess-
ments and providing for issuance of
bonds for Assessment District 91-1
(Hosking Trunk Sewer).
Resolution amending the official list
of designated speed zones, pursuant to
Sections 22357 and 22358 of the
California Vehicle Code. (Ward 4)
Resolution amending the boundaries of
the City of Bakersfield Domestic Water
Service Area. (Ward 4)
Tract Map/Improvement Agreements:
Castle & Cooke Silvercreek Inc.
for Tract 5617, Spring Creek Loop
and Harris Road. (Ward 4)
Tract 5445 Partners for Tract
5445, Phase 2, Meacham Road and
Calloway Drive. (Ward 4)
Agreement with California Water Service
Company to interconnect the City's
domestic water system on Stine Road
south of Panama Lane. (Ward 6)
Agreement with Elmer F. Karpe Inc.
reimbursement for oversizing of a
portion of the Hosking Trunk Sewer.
(Wards 6 & 7)
for
Agreement with County of Kern for
National Pollutant Discharge
Elimination System (NPDES).
RES 203-92
RES 204-92
RES 205-92
RES 206-92
AGR 92-237
AGR 92-238
AGR 92-239
AGR 92-240
AGR 92-241
AGR 92-242
AGR 92-243
p. Form for future recycling bin
agreements for the City of Bakersfield.
Bakersfield, California, November 4, 1992 - Page 6
7. CONSENT CALENDAR continued
ACTION TAKEN
Award Contract to Kenko Inc.
($1,955,391) for construction of a
sewer trunkline within Assessment
District 91-1 (Hosking Trunk Sewer).
(Note: contingent on sale and issuance
of assessment bonds) (Ward 6 & 7)
Rejection of all bids for two refuse
trucks with packers for Sanitation
Department.
Award Annual Contract to Abate-A-Weed
(20 items for $70,064.62), Target
Specialty Products (9 items for
$53,062.10) and Van Waters & Rogers,
Inc. (11 items for $31,149.15) for
insecticides and herbicides for Water,
Parks and Wastewater Treatment
Departments.
Award Annual Contract to Gilliam & Sons
($136,690.13) for earth moving and
hauling.
Request by DeMond to pull Item q. for
separate consideration.
REMOVED FOR
SEPARATE
CONSIDERATION
CON 92-244
CON 92-245
CON 92-246
CON 92-247
Motion by Salvaggio to adopt Items (a)
through (t) of the Consent Calendar
with the exception of (q).
APPROVED
AB PETERSON
qo
Award Contract to Kenko Inc.
($1,955,391) for construction of a
sewer trunkline within Assessment
District 91-1 (Hosking Trunk Sewer).
(Note: contingent on sale and issuance
of assessment bonds) (Ward 6 & 7)
Motion by McDermott to accept iow bid
from Kenko Inc.
Due to tie vote, Mayor Medders voted.
CON 92-248
APPROVED
NS EDWARDS
DEMOND
SALVAGGIO
AB PETERSON
MEDDERS VOTED
AY'E
Bakersfield, California, November 4, 1992 - Page 7
8. HEARINGS
ACTION TAKEN
Assessment lists by the Fire Chief
specifying abatement performed and
description of the properties upon
which hazardous weeds, debris and
waste matter were performed.
(Wards 1 and 7)
Properties located at: Lowell add.
287.2 ft. of E. 152.625 ft., Lowell
add. S. 150 ft. E. 152.625 ft.;
Mayflower add. lots 1, 2; vacant
property west of So. H Street,
south of Pacheco Road.
So
No one spoke at hearing. Hearing closed.
Edwards requested the name of property
owner of Lowell addition.
RES 207-92
Motion by Edwards to adopt Resolution.
APPROVED
AB PETERSON
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-21, requested by DeWalt
Corporation, by changing the zoning of
60.23 acres located north of Meany
Avenue, east of Coffee Road, and west
of Patton Way from an M-1 Zone to an
R-1 Zone and a P Zone. (Ward 4)
(First Reading September 16, 1992)
Steve DeBranch, DeWalt Corporation,
spoke in support.
Hearing closed.
Motion by Brunni to defer the decision
to the meeting of November 18, 1992.
APPROVED
NS MCDERMOTT
SALVAGGIO
6O
Bakersfield, California, November 4, 1992 - Page 8
8. HEARINOS continued
ACTION T~KEN
Periodic review of Development
Agreement No. 90-201 with State Farm
Insurance, Ordinance No. 3306 (State
Farm Insurance Building).
No one spoke at hearing. Hearing closed.
Motion by Brunni to approve review.
APPROVED
Olive Drive Planned Bridge and Major
Thoroughfare Area Plan. (Ward 4)
The meeting was recessed at 7:55 p.m.
The meeting was reconvened at 8:00 p.m.
DELETED
REPORTS
Planning commission Report No. 1-92
regarding proposed ordinance to allow
continued non-conforming status of
buildings replacing unreinforced
masonry buildlngs.
Motion by McDermott to schedule
Ordinance for first reading November
18, 1992; and refer coordination and
development of zoning incentives to
replace URMbuildings to City Manager
and Urban Development.
APPROVED
Water Board Report No. 2-92 regarding
Statement of Water Resources Policy.
Motion by Salvaggio to accept Report
and adopt Policy Statement.
APPROVED
NS MCDERMOTT
10. DEFERRED BUSINESS
Ordinance amending Chapter 5.50 of the
Bakersfield Municipal Code relating to
taxicabs. (First Beading October 21,
1992)
0RD3490
Bakersfield, California, November 4, 1992 - Page 9
10. DEFERRED BUSINESS continued
ACTION TAKEN
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) (First Reading
October 21, 1992)
Ordinance amending Section 1.12.070 of
the Bakersfield Municipal Code relating
to ward boundaries. (Ward 7) (First
Reading october 21, 1992)
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) (First Reading
October 21, 1992)
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. (Wards 6 & 7)
(First Reading October 21, 1992)
Motion by DeMond to adopt Items a.
through e. of Deferred Business.
ORD 3491
ORD 3492
ORD 3493
ORD 3494
APPROVED
NS BRUNNI
Resolution adopting the Hosking Planned
Sewer Area and making findings relative
thereto. (Wards 6 & 7)
RES 208-92
Motion by Salvaggio to adopt. APPROVED
Bakersfield, California, November 4, 1992 - Page 10
10. DEFERRED BUSINESS continued
ACTION TAKEN
Resolution approving purchase contract
and awarding sale of bonds for Assess-
ment District 91-1 (Hosking Trunk Sewer).
(Wards 6 & ?)
Motion bySalvaggio to adopt.
RES 209-92
CON 92-249
APPROVED
Resolution ordering the establishment of
Maintenance District No. 4, Division S.
(Gorrill Street). (Ward 1)
Motion by Edwards to adopt.
RES 210-92
APPROVED
11. NEW BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map NO. 123-18 by changing the zoning
of 13.37 acres located at the northeast
corner of Pacheco Road and Buena Vista
Road from an R-1 to a C-2 Zone. (Ward 4)
Ordinance amending Section 6.04.010 of
the Bakersfield Municipal Code and adding
Section 6.04.035 relating to animal
control officers.
Ordinance amending Section 2.04.070 and
Subsection A. and B. of Section 2.04.090
of the Bakersfield Municipal Code relating
to the order of business at City Council
meetings and Council correspondence.
Resolution determining that used cars
cannot be reasonably obtained through
usual bidding procedures and authorizing
the Finance Director to dispense with
bidding therefor, not to exceed
$96,000.00. (Eight replacement sedans
for Police and Fire)
FR
FR
FR
RES 211-92
Motion by McDermott to adopt. APPROVED
Bakersfield, California, November 4, 1992 - Page 11
11. NEW BUSINESS continued
ACTION TAKEN
Resolution amending the City of
Bakersfield's Implementation Procedures
of the California Environmental Quality
Act (CEQA).
Motion by Edwards to adopt.
RES 212-92
APPROVED
NS MCDERMOtt?
Resolution fixing the dates of meetings,
budget workshop and budget hearings of
the Council for the months of January
through December 1993.
Motion by Brunni to adopt with amend-
ment to the March meeting dates to be
set for March 3rd & 24th, deleting the
17th and 31st.
RES 213-92
APPROVED
Agreement with California Water Service
Company for domestic water operations
and maintenance services.
Motion bySalvaggio to approve.
AGR 92-250
APPROVED
Motion by McDermott to add an item that
arose after the agenda was prepared and
requires action tonight.
APPROVED
ho
Potential vacancy in Ward 5.
Motion by McDermott to adopt a
Resolution declaring Council's intent
to call a special election upon a
vacancy in Ward 5.
RES 214-92
APPROVED
PUBLIC STATEMENTS
Jeanne Kamrar spoke regarding the process
of paying fines for parking tickets and
lack of off-street parking.
Bakersfield, California, November 4, 1992 - Page 12
6. PUBLIC STATEMENTS
ACTION Ti%KEN
The following individuals spoke regarding
abortion and police action toward sidewalk
counselors at 5700 Stockdale Highway:
Bob Orndorff; Garry W. Cummins; Nora
Nord, Ronna Jones; Frank E. Reina;
Shirley R. Best; Mary Darrah; Charlotte
Rathjeu; Jaclyn Pittman; Susan Williams;
John Lagerstrom; Denise Nielsen; Dolores
A. Aguirre; Toni Shapazian; Milt Cole;
Bill Ehrman; Lyndon Graves; Andrea
Zaninovich; Gail W. Haut, M.D.; Wendy
Chupp; Jay Peavler; Sarah Bird; JoAnn
Merie Browning; Jean Cummins; Tim
Palmquist; Loretta Pruett; Rev. Michael
W. Capps, Ph.D.; and Terri Palmquist.
Jan Thompson presented petitions and
spoke in support of obtaining a major
supermarket in her neighborhood.
12. COUNCIL STATEMENTS
Salvaggio commented on the abortion issue
and asked City Attorney to address First
Amendment rights.
Motion by Brunni to refer to Budget and
Finance Committee the issue of schools'
RFP study.
APPROVED
Brunni referred to Public Works staff
the need to communicate to the public
the advantages and reasons for spreading
oil on roadways.
DeMond requested comments from Council
regarding insurance proposals be directed
to staff before Monday's Insurance
Committee meeting.
Edwards referred to the City Manager the
issue of a Council retreat, especially
upon the election of a new Councilmember.
McDermott referred to staff the continued
monitoring of medians which could possibly
be a hazard.
Bakersfield, California, November 4, 1992 - Page 13
13. ADJOURNMENT
Motion by DeMond at 10:10 p.m.
APPROVED
MAYOR of~i~h~ Cindy of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
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