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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 nss