HomeMy WebLinkAbout11/18/1992 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 18, 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, Brunni
(seated at 5:25), Peterson,
McDermott, Salvaggio
None
PLANNING COMMISSION INTERVIEWS.
Applicants Mike Granlee, Steven Del Papa,
Kenneth Hersh, Thomas Bayne and Joe McCaffree
participated in a question/answer discussion.
Motion by McDermott to recess into Closed
Session at 6:00 p.m. and invite Mayor-
elect Price to come into Closed Session.
APPROVED
CLOSED SESSION
closed Session pursuant to Government Code
Section 54956.9(b)(1) regarding potential
litigation.
NAT
Closed Session pursuant to Government Code
Section 54957 regarding a personnel matter.
Closed Session item added after agenda was
prepared:
Closed Session pursuant to Government Code
Section 54956.9(b)(1) regarding potential
litigation on recent fatality at 10th and
M Street.
Motion by Edwards to adjourn Closed Session
at 6:55 p.m.
GRANT
UNPAID~umJICA~
LEAVETO
JIM MANNING
TO 1-20-93
NAT
Bakersfield, California, November 18, 1992 - Page 2
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Randy Rankin, Director, First Assembly of God
Church.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Medders, Councilmembers
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
CLOSED SESSION ACTION (if any)
city Attorney Lunardini announced Closed
Session action as stated on Page 1.
PRESENTATION
Presentation of retirement plaque by
Mayor Medders to Robert A. Patterson,
Police Chief, for 29 years of service
to the City of Bakersfield.
PUBLIC STATEMENTS
Kelly Blanton, representing Kern Citizens
for Effective Local Government, spoke
regarding strengthening and promoting
responsiveness of local government to
citizens, submitted Guiding Principles
for Local Government and asked for
consideration in adopting a resolution in
support.
Motion by smith to refer issue to
Legislative and Litigation Committee.
APPROVED
Charles G. Waide, Jr., SEIU Local 700,
requested to speak under Item 12.k.
Denise Sprague also requested to speak
when Item 12.k. is presented.
Bakersfield, california, November 18, 1992 - Page 3
6. PUBLIC STATEMENTS continued
ACTION TAKEN
Terry Swisher, spoke regarding city
ordinance requiring bicyclists to have
headlamps and riding with the flow of
traffic instead of against traffic.
McDermott requested this issue be
referred to the Police Department.
Tim Palmquist spoke regarding City
Attorney's comments at the last Council
meeting regarding the abortion issue
and submitted a prepared statement.
Salvaggio requested CityManager place
the issue of time limits for Public
Statements on the next agenda.
APPOINTMENTS
Three (3) appointments to the Public
Facilities Corporation due to the
expiration of terms of Katherine
Mullen, Bob Clerico and William Hickey,
terms expiring December 19, 1992.
One (1) appointment to the Fire
Department Civil Service Board, due to
the expiration of term of Harold L.
Matlock, term expiring December 31, 1992.
One (1) appointment to the Police
Department Civil Service Board, due to
the expiration of term of William R.
Perry, term expiring December 31, 1992~
Two (2) appointments to the
Miscellaneous Departments Civil Service
Board, due to the expiration of terms
of Gonzalo E. Ramirez (Chair), and
Florence Norwood, terms expiring
December 31, 1992o
Two (2) appointments to the Citizens
Convention Center Committee, due to
the expiration of terms of Robert S.
Merritt (Ward 3), and Jack Goldsmith
(Ward 4), terms expiring January 3,
1993.
Bakersfield, california, November 18, 1992 - Page 4
7. APPOINTMENTS continued
ACTION TAKEN
Two (2) appointments to the Golden
Empire Transit District, due to the
expiration of term of Howard Silver,
term expiring January 6, 1993; and due
to the inability of Larry Robinson, Jr.
to complete his term, term expiring
January 6, 1995.
One (1) appointment to the Board of
Zoning Adjustment due to the retire-
ment of Calvin Bidwell, term expiring
December 1, 1993.
Motion by McDermott to appoint Bob
Clerico and Dale Hawley to the Public
Facilities Corporation, terms expiring
December 19, 1994; Harold Matlock
to the Fire Department Civil Service
Board, term expiring December 31, 1995;
William Perry to the Police Department
Civil Service Board, term expiring
December 31, 1995; Gonzalo Ramirez and
Florence Norwood to the Miscellaneous
Departments Civil Service Board, terms
expiring December 31, 1995; Jack Goldsmith
to the Citizens Convention Center Committee,
term expiring January 3, 1996; Harold Silver,
term expiring January 6, 1997, and William
Mattox, term expiring January 6, 1995, to the
Golden Empire Transit District; and Mike Quon
to the Board of Zoning Adjustment Alternate
position.
APPROVED
One (1) appointment to the Planning
Commission, due to the resignation of
Steve Anderson, term expiring April
17, 1993.
Kenneth Hersh was appointed to the
Planning Commission, term expiring
April 17, 1993.
APPROVED
NS SALVAGGIO
CONSENT CALEND~R
Approval of Voucher Nos. 3232 to 3620
inclusive, in the amount of $1,019,980.12.
b. Minutes of Workshop and Regular Meeting DELETED
of November 4, 1992.
Bakersfield, California, November 18, 1992 - Page 5
70
8. CONBENT CALENDAR continued
ACTION TAKEN
Communication from:
David Clyde, Lancer Drive
Homeowners Association, dedicating,
and requesting acceptance of,
Lancer Court into the City street
system.
(Receive and refer to Public Works)
Notices of Completion and acceptance
of work:
Contract No. 92-188 with Baymarr
Constructors, Inc. for construction
of washrack at the Bakersfield
Municipal Airport, completed October
30, 1992.
Contract No. 92-77 with Regional
Mortgage Company for Tract No.
5500 northwest of Wible Road and
McKee Road, completed November 4,
1992.
3 o
Contract No. 91-234 with Castle &
Cooke Development Corp. for Tract
No. 5221 northeast of Buena vista
Road and Chambers Avenue, completed
November 2, 1992.
Plans and Specifications:
Construction of parking lot at the
Kern River Parkway Group Picnic Area.
(Ward 5)
Construction of restroom-storage
building at the Kern River Parkway
Group Picnic Area. (Ward 5)
Landscape Irrigation System for
Kern River Parkway Group Picnic Area.
(Ward 5)
Security Lighting at the Kern River
Parkway Group Picnic Area. (Ward 5)
Traffic signal modification on Union
Avenue at 30th Street/Pacific Street.
(Ward 2)
Bakersfield, California, November 18, 1992 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
j o
Resolution amending Resolution No. 90-92
setting salaries and related benefits for
officers and employees of the General
Supervisory and Management Units.
(Chief Assistant City Attorney)
Agreement with County of Kern and Kern
Economic Development Corporation to
share the responsibilities and/or costs
of the job training/marketing/management
efforts in the Southeast Metropolitan
Bakersfield Incentive Area and appropriate
$11,920 in County revenue to the Economic
Development Operating Budget within the
General Fund. (Wards 1 & 2)
Purchase Agreement with CenterCal
Properties and True Spirit Homes for a
future water well site located at 13703
Viva La Madera. (Ward 4)
Aircraft Hangar Ground Lease with Hondo
Chemical, Inc., at the Bakersfield
Municipal Airport. (Ward 1)
Aircraft Hangar Ground Lease with E. A.
Shields and Gina M. Lucchesi at the
Bakersfield Municipal Airport. (Ward 1)
First Amendment to Agreement No. PW91-52
with Moore & Taber Geotechnical Engineers
and Geologists, Inc. for materials testing
at Coffee Road. (Ward 4)
Award Contract to S.A. Camp Pump Company
($23,300) for furnishing and installing
a deepwell pump and motor for City Ashe
Water Well No. 2 located on District
Blvd. near Armstrong Street. (Ward 6)
Award Contract to Total Oilfield Services,
Inc., ($72,600) for furnishing and
installing three concrete block pumphouses
for City Ashe Water Well Nos. 2, 8 & 23,
located on District Blvd and on Camino
Media. (Wards 4 & 6)
Award Contract to Sterndahl Enterprises
($32,240) for installation of reflector-
ized pavement markers on major streets
at various locations.
RES 215-92
AGR 92-252
AGR 92-253
DEED 3626
AGR 92-254
AGR 92-255
AGR 92-256
CON 92-257
CON 92-258
CON 92-259
Bakersfield, California, November 18, 1992 - Page 7
8. CONSENT C~J.,ENDAR continued
ACTION TAKEN
Accept bid from Franksons, Inc.
($29,996.72) for two three-wheel
utility vehicles for Police Department.
Appropriate $3,350,000 bond proceeds
and $90,612 assessment payments with
$540,111 to the Operating Budget (Debt
Service) and $2,900,501 to the Public
Works Capital Improvement Budget in
the Assessment District Fund (A.D.
91-1 Hosking Sewer).
Motion by DeMond to adopt Items (a)
through (p) with the exception of
Items b., o. and p. of the Consent
Calendar.
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Accept bid from Franksons, Inc.
($29,996.72) for two three-wheel
utility vehicles for Police Department.
Motion by Brunni to approve.
APPROVED
Appropriate $3,350,000 bond proceeds
and $90,612 assessment payments with
$540,111 to the Operating Budget (Debt
Service) and $2,900,501 to the Public
Works Capital Improvement Budget in
the Assessment District Fund (A.D.
91-1 Hosking Sewer).
Motion by McDermott to approve.
APPROVED
NS BRUNNI
HEARINGS
Amendment to the Kern River Plan
Element of the General Plan from 7.2 SI
to 6.2 GC on 156 acres north of the
Carrier Canal, along Truxtun Avenue
between Oak Street and Mohawk Street
(GPA 3-92, KRPE 2-92, Segment I).
The city of Bakersfield is the applicant.
(Ward 5)
No one spoke at hearing. Hearing closed.
Motion by Peterson to adopt Resolution.
RES 216-92
APPROVED
Bakersfield, California, November 18, 1992 - Page 8
9. HEARINGS continued
ACTION TAKEN
Amendment to the General Plan from R-IA
to LR on 70 acres at the southwest
corner of Stockdale Highway and Renfro
Road (GPA 3-9Z, Segment II). Martin-
Mcintosh represents Castle & Cooke as
the applicant. (Ward 4)
Roger Mcintosh, representing Castle &
Cooke, spoke in support.
Hearing closed.
Motion by Brunni to adopt Resolution.
RES 217-92
APPROVED
Amendment to the General Plan from GC
to LR on 14.1 acres at the northwest
corner of Old River Road and White
Lane (GPA 3-92, Segment VI). Martin-
Mcintosh represents Castle & Cooke as
the applicant. (Ward 4)
Roger Mcintosh representing Castle &
Cooke, spoke in support.
Hearing closed.
Motion by Brunni to adopt Resolution.
RES 218-92
APPROVED
AB PETERSON
Amendment to the General Plan to change
the multi-use trails in the Polo Grounds
to an eight-foot wide sidewalk. The area
is west of Calloway Drive between Snow
Road and Hageman Road (GPA 3-92, Segment
VIII). Porter-Robertson Engineering
represents Valley Land Ventures, Inc. as
the applicant. (Ward 4)
The following individuals spoke in
opposition: Fred Porter, Porter-
Robertson Engineering, representing
several developers in the Polo Grounds;
and Ken Payne, Payne Construction.
RES 219-92
Bakersfield, California, November 18, 1992 - Page 9
9. HEARINGS continued
ACTION TAKEN
de
The following individuals spoke in
support: Gary Knight, Allen Road
resident; Jane Blake, Hageman Road
resident; Betsy Teeter, member of the
trails committee; Dennis Fox; Roger
Query; Jeri Moffitt, representing
Keep It Country Group and member of
trails committee.
Bill Davis, Polo Grounds resident,
spoke.
The following individuals spoke in
rebuttal, opposition: Bob Burdette,
Polo Grounds resident; Pam Helms,
Cave Avenue resident; and Dennis DeWalt,
Polo Grounds developer and engineer.
The following individuals spoke in
rebuttal, support: Betsy Teeter,
Jeff Reagan, Hageman Road resident.
Hearing closed.
Motion by Brunni to adopt the Plan
with changes:
1) The landscaped easements are to be
located in front of the property
designated commercial on the corners
of Calloway Drive/Olive Drive and
Hageman Road/Jewetta Avenue;
2) The fence remain as it exists
whether it is landscaped or
equestrian trail;
3) Deed restriction for areas that are
designated equestrian trail;
4) The landscaped easement will be
changed to equestrian trail on the
west side of Jewetta Avenue between
Noriega and Hageman Roads and on the
south side of Noriega Road between
Verdugo Lane and Calloway Drive.
McDermott suggested deed restriction
be on all trails with the exception of
the portion on Noriega Road between
Verdugo Lane and Calloway.
Brunni accepted McDermott's suggestion
as part of her motion.
APPROVED
NS SALVAGGIO
AB EDWARDS
Bakersfield, California, November 18, 1992 - Page 10
9. HEARINGS continued
ACTION TAKEN
Motion by Brunni to recess for 5 to 10
minutes.
APPROVED
AB EDWARDS
Mayor Medders reconvened the meeting.
Motion by Brunni that Item New Business
12.k. be moved forward on the agenda.
APPROVED
AB EDWARDS
12. NEW BUSINESS
Agreement with J & M Land Restoration,
Inc. for a 36 month landscape maintenance
period on White Lane/Old River Road
streetscape for $84,960. (Ward 4)
The following individuals spoke:
Denise Sprague, on behalf of the
Citizens Advisory Committee for
Maintenance District 2, Division 4;
and Chuck Waide, SEIOU Local 700,
representing employees.
Motion by Brunni to approve.
FAILED
NS DEMOND
SMITH
PETERSON
SALVAGGIO
AB EDWARDS'
10.
REPORTS
Water Resources Committee Report No.
2-92 regarding Amendment to the
Bakersfield Municipal Code relating
to Ashe Water Service.
Ordinance amending Subsection A.1.
of Section 14.04.030 and Section
14.04.040 and adding Subsection C.
to Section 14.04.120 of the
Bakersfield Municipal Code relating
to Ashe Water Service Area. (Wards
4, 5, & 6)
FR
Motion by Salvaggio to accept Report APPROVED
and give first reading to Ordinance. AB EDWARDS
Bakersfield, California, November 18, 1992 - Page 11
10. REPORTS continued
ACTION TAKEN
Community Services Report No. 2-92
regarding Approval of Construction Plans
and Improvement Agreement for Development
of Silver Creek Park.
Improvement Agreement with Castle
and Cooke for development of Silver
Creek Park.
Motion by Brunni to accept Report and
approve Agreement with change on Page 1,
Paragraph 2 under Recitals to read "from
four neighborhood parks" instead of three.
Judy Salamaca, Castle & Cooke, spoke
and announced ground breaking for
Silver Creek Park will be Tuesday,
December 1 at 3:00 p.m.
AGR 92-260
APPROVED
AB EDWARDS
11. DEFERRED BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-1S by changing the zoning
of 13.37 acres located at the northeast
corner of Pacheco Road and Buena Vista
Road from an R-1 Zone to a C-2 Zone.
(First Reading November 4, 1992)
(Ward 4)
Ordinance amending Section 6.04.010 of
the Bakersfield Municipal Code and
adding Section 6.04.035 relating to
animal control officers. (First
Reading November 4, 1992)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-21 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) (Hearing
item deferred from November 4, 199z)
ORD 3495
0RD3496
ORD 3497
Motion by McDermott to adopt Items a. APPROVED
b. and d. of Deferred Business. AB EDWARDS
Bakersfield, California, November 18, 1992 - Page 12
11.' DEFERRED BUSINESS continued
ACTION TAKEN
Ordinance amending Section 2.04.070
and Subsections 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. (First Reading November
4, 1992)
Motion by McDermott to adopt.
FAILED
NS DEMOND
SMITH
BRUNNI
SALVAGGIO
ABEDWARDS
12. NEW BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map Nos. 102-26, 102-27, 102-34 and
102-35 by changing the zoning of 156
acres generally located north of the
Carrier Canal, along Truxtun Avenue,
between Oak Street and Mohawk Street,
from M-l, M-l-D, M-1-MH-D and A Zones
to a C-2 Zone. (Ward 5)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 124-30 by changing the zoning
of properties in the City of Bakersfield
consisting of 9.6 acres generally
located on the east side of South H
Street, approximately 600 feet south of
Panama Lane. (Ward 7)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-12 by changing the zoning
of properties in the city of Bakersfield
consisting of 1.68 acres generally
located on the north side of Wilson Road,
one-half block west of Hughes Lane and
east of Calvin Street. (Ward 7)
Ordinance amending Title 17 of the
Bakersfield Municipal code and Zoning
Map Nos. 123-07 and 123-08 by changing
the zoning of 18.22 gross acres located
along the northwest corner of Old River
Road and White Lane from C-2 to R-1.
(Ward 4)
FR
FR
FR
FR
Bakersfield, California, November 18, 1992 - Page 13
78
12. NEW BUSINESS continued
ACTION TAKEN
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 122-03 by prezoning property
located at the southwest corner of
Ranfro Road end Stockdale Highway.
(Ranfro No. 3 Annexation, Ward 4).
Ordinance amending Chapter 15.64 of
the Bakersfield Municipal Code relating
to the Uniform Fire Code.
Ordinance adding Paragraph E. to Section
17.08.080 of Title 17 of the Bakersfleld
Municipal Code regarding reconstruction
of damaged nonconforming buildings.
Motion by McDermott amending Page 9
(15.64.145), first paragraph, last
sentence, to remove the first part
of the sentence and to only read:
"No retrofit shall be required."
FR
FR
FR
NAT
Resolution of Intention No. 1100 to
establish Maintenance District No. 3,
Division 6, and setting December 9,
1992 for hearing protests to the
proposed district (Berkshire). (Ward
Motion by McDermott to adopt.
APPROVED
NS BRUNNI
AB EUWARDS
Parking Facility Management Agreement
with Five Star Parking. (Ward 2)
Motion by DeMond to approve.
AGR 92-261
APPROVED
AB EDWARDS
j o
Commercial Property Lease - Parking
Space Lease Agreement with 19th and K
Partnership for lease of 50 parking
spaces. (Ward 2).
AGR 92-262
Motion by McDermott to approve. APPROVED
AB EUWARDS
79
Bakersfield, California, November 18, 1992 - Page 14
12. NEW BUSINESS continued
ACTION TAKEN
Transfer $221,880 from Council Contingency
to the Police Operating Budget in the
General Fund for school crossing guards.
Motion by McDermott to approve.
APPROVED
NS PETERSON
AB EDWARDS
13. COUNCIL STATEMENTS
McDermott commented on the new Agricultural
Pavilion of Kern County.
McDermott attended a CalTrans open-house on
and freeway alignments and encouraged staff
to communicate with CalTrans that they need
to have a map showing the City's entire
circulation, community and the beltway concept.
McDermott commented on people viewing the
Kern River Freeway as a way to go through
Bakersfield and not stopping.
Peterson updated the Council on the Public
Enemy Concert at Cal State last Saturday
night with regret that the noise ordinance
was not enforced.
Motion by Peterson to refer the issue to
the Urban Development Committee for review of
the ordinance with a possibility of revisions
to be looked at by the city Attorney and
Police Department.
APPROVED
AB EDWARDS
Brunni commented that she attended the Cal
Trans meeting last night and encouraged
other Councilmembers to be on the mailing
list and well-informed about the different
alignments being considered.
Brunni received numerous phone calls from
constituents from as far away as the outer
edge of Laurelglen on the concert at Cal
State and requested the City Manager, on
behalf of the Council, convey their concerns
to Thomas Arciniega, President at Cal State,
to help him, help us, become good neighbors
together.
Bakersfield, California, November 18, 1992 - Page 15
13. COUNCIL 8TATEMENTB continued
Brunni referred to the City Clerk for a
response for Brunni's signature,
correspondence from Phillip Brinkmann
regarding the equestrian access tunnel in
in Quailwood, and from Christopher smith
regarding the Dare Program.
ACTION TAKEN
Brunni referred to the city Clerk for
distribution to Council the League of
california cities Resolutions statements.
Brunni referred to Community Services the
exploration of all recreational programs
for Silver Creek Park.
Motion by Brunni to refer to Legislative and
Litigation Committee the issue of a resolution
passed by the Board of Supervisors November 3,
1992, regarding raid on local property taxes
by the state.
APPROVED
AB EDWARDS
Salvaggio asked Public Works to inform him
when they would do the survey of Panama No.
10 curb and gutter project.
Salvaggio referred to Planning and Public
Works Departments alternatives for Planning
Commission agenda item for Tentative Tract
5369 at Monitor and Pacheco Road.
DeMond mentioned to City Manager Tandy that
the City might wish to consider competing with
the Red Lion with our Convention Center.
Bakersfield, California, Ncvember 18, 1992 - Page 16
14. ADJOURNMENT
Motion by DeMond at 11:40 p.m.
MAYOR Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA