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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