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HomeMy WebLinkAbout02/21/1990 MINUTES CCBakersfield, California, February 21, 1990 Minutes of the Workshop of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., February 21, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Smith, Brunni (seated at 5:20 p.m.), Peterson (seated at 5:20 p.m.), McDermott, Salvaggio (seated at 5:20 p.m.) Absent: None WORKSHOP PROJECT CLEAN AIR - A CIVIC AND BUSINESS ADVISORY GROUP FOR CLEAN AIR Public Works Director Ed Schulz introduced Ms. Kathy Reheis, Western States Petroleum Association, who explained Project Clean Air. CITY-WIDE PARK MAINTENANCE DISTRICT DISCUSSION City Manager Dale Hawley introduced Mr. Don Anderson, Chairperson for the Citizens Park and Recreation Committee, who spoke regarding the City-wide park maintenance district and asked for guidance on what the Council expects from the Committee. Councilmember DeMond suggested the Committee work on levels and look at various options under the overall situation and review all aspects of the park situation. Councilmember McDermott recommended Council Meeting, this matter be referred to Center and Community Services Committee. that, at the the Convention ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 6:12 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA kdsc Bakersfield, California, February 21, 1990 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., February 21, 1990. The meeting was called to order by followed by the Invocation by Richard Williams, of God Church, and the Pledge of Allegiance. Mayor Medders, First Assembly City Clerk Williams called the roll as follows: Present: Absent: Councilmembers Edwards , Peterson, None DeMond, McDermott, Smith, Brunni, Salvaggio Calendar: The a. CONSENT CALENDAR following items were listed on the Consent Minutes of the Workshop, Closed Session and Regular Meeting of February 7, 1990, for approval. Communication from Susan Lamb, Administrative Assistance, Golden Empire Transit District, 1 830 Golden State Avenue, dated February 7, 1990, providing a copy of the Golden Empire Transit District's Annual Financial Report for Fiscal Year ending June 30, 1989. A copy is available in the Clerk' s Office for review. (RECEIVE AND PLACE ON FILE) Grant Deed No. 3195 to 1100 Mohawk Partnership, reserving City easements for sewer pipeline and canal culvert, for converting approximately 220 lineal feet of the Carrier Canal to concrete culvert. Notice of Completion and Acceptance of Work for the purchase and installation of a manufactured home at the proposed Stine Road Fire Station, Contract No. 89-232, completed February 5, 1990. Contract Change Order No. 2, Contract No. 89-204, with Tumblin Company for construction of box culvert at Calloway Canal and bridge at Friant-Kern Canal on Coffee Road. Consent to Common Use Agreement No. 90-38 with Pacific Gas and Electric Company for Westwold Drive. Approval of Warrant Nos. 6028 to 6492, inclusive, in the amount of $2,091,817.80. Bakersfield, California, February 21, 1990 - Page 2 hw Independent Contractor's Agreement No. 90-39 with Golden Valley Testing, Inc., for Geotechnical Services for various City administered construction projects. Independent Contractor's Agreement No. 90-40 with Bruce Beaudoin & Associates for the appraisal of real property at 4101Pacheco Road. Agreement No. 90-41 with the County of Kern for participation in the Work Release Program. me Agreement No. 90-42 with Pacific Gas and Electric Company to grant a Right of Entry on City-owned property (Corporation Yard) for the purpose of relocating electric transmission tower line. Agreement No. 90-43, Amendment to Independent Contractor's Agreement No. 90-3 with Buena Engineers, Inc., for geotechnical services for levee repairs at Sewer Treatment Plant No. 2. me Resolution No. 13-90 of the Council of the City of Bakersfield approving Combined Road Program cooperative process and procedures relating thereto, for Rural areas, Urban places, and Urbanized areas in Kern County. Resolution No. 14-90 of the Council of the City of Bakersfield ordering changes and Modification No. 4 to Assessment Diagram and Assessment Roll of Assessment District No. 82-1 (Stockdale Trunk Sewer). Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, and n of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None PUBLIC STATEMENTS Ms. Mary Fugitt, Kern County Cotton Wives, requested the Council to prepare a proclamation declaring March 4-11 as Kern County Cotton Week. Don Paul Josephsen, 2706 Century Drive, spoke regarding lowering movie theatre prices. Bakersfield, California, February 21, 1990 Page 3 matter. Councilmember DeMond asked staff to follow-up on this Mayor Medders excused himself from the meeting at 7:08 p.m. HEARINGS This is the time set for a public hearing before the Council of the City of Bakersfield on Resolution of Intention No. 1069 declaring its intention to order the vacation of East Planz Road, from approximately one-quarter mile east of South Union Avenue to Madison Street, within the Bakersfield Airpark Expansion project area, in the City of Bakersfield. This hearing has been duly advertised, posted and the property owners notified as required by law. Vice Mayor Peterson declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Vice Mayor Peterson closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 15-90 of the Council of the City of Bakersfield ordering the vacation of East Planz Road, from approximately one-quarter mile east of South Union Avenue to Madison Street, within the Bakersfield Airpark Expansion project area, in the City of Bakersfield. Upon a ,notion by Councilmember Salvaggio, Resolution No. 15-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None This is the time set for a public hearing to consider an appeal by DeVille Homes to the decision of the Board of Zoning Adjustment denying a Modification (MOD ~4978) to permit the reduction of the required side street side yard setback from 10 feet to 8 feet 6 inches in an R-1 (One Family Dwelling) Zone. This hearing has been duly advertised, posted and the property owners notified as required by law. Vice Mayor Peterson declared the hearing open for public participation. Mr. Gerald Augren, representing DeVille Homes, spoke in favor of the modification. Bakersfield, California, February 21, 1990 - Page 4 Ms. Paula Armstrong, 6608 Edgemont, spoke in rebuttal in favor of the modification. No protest or objections being received and no one else wishing to speak in favor, Vice Mayor Peterson closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Brunni, the appeal by DeVille Homes to the decision of the Board of Zoning Adjustment denying Modification #4978 was granted by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio ACTION ON BIDS Contract No. 90-44 with Brown & Lawrence, Inc., for the construction of cnrb and gutter on Panorama Drive from West Blnff Court to River ~oulevard. Upon a motion by Councilmember DeMond, the low bid from Brown & Lawrence, Inc., in the amount of $63,362.50 was accepted, all other bids rejected, authorization given for use of $14,000 savings from completed projects in the Gas Tax Fund, and the Mayor authorized to execute the Contract. Three Grass Sweepers for Parks Department (Replacement). Upon a motion by Councilmember McDermott, the low bid from Pacific Equipment in the amount of $27,699.38 was accepted and all other bids rejected. Contract No. 90-45 with Granite Construction Company for the relocation of sewer line at the northbound off ramp of Freeway 99 at Rosedale flighway. Upon a motion by Councilmember Brunni, the low bid from Granite Construction Company in the amount of $29,143.00 was accepted, $29,143.00 state contribution to the Sewer Enterprise Fund appropriated, and the Mayor authorized to execute the Contract upon the condition that the City is assured that the $9,000.00 difference in the Contract has been agreed to be paid by Caltrans. Bakersfield, California, February 21, 1990 - Page 5 DEFERRED BUSI~SS Adoption of Ordinance No. 3278 of the Council of the City of Bakersfield adding Section 3.20.105 to the Bakersfield Municipal Code relating to formal contract procedure for contracts not involving the purchase of goods. This Ordinance was given First Reading at the Council meeting of February 7, 1990, as recominended in Budget and Finance Committee Report No. 1-90. The City Attorney has revised subsection C.1. since First Reading and requests adoption with the revision. The revision states the requirement in the affirmative, for purposes of clarity, and adds the word "cumulatively" to the last sentence of that subsection. Upon a motion by Councilmember McDermott, Ordinance No. 3278 of the Council of the City of Bakersfield, with the revision requested by the City Attorney, was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Peterson, McDermott, Salvaggio None None Councilmember Brunni Noes: Abstain: Absent: Vice-Mayor Peterson recessed the meeting at 7:25 p.m., and the meeting reconvened at 7:30 p.m. NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 15.54 to the Bakersfield Municipal Code relating to a Handicapped Access Appeals Board. This Ordinance sets up an appeals board for decisions of the Building Department concerning handicapped access and regulations. Recent requests to appeal decisions of the Building Depart~nent have been made, revealing a need for such a board. Vice-Mayor Peterson referred this Ordinance to the Citizens Auditorium Committee (Convention Center and Community Services Committee). First Reading of an Ordinance of the Council of the City of Bakersfield adding Subsection B. to Section 13.04.080 and amending Subsection A. to Section 13.04.210 of the Bakersfield Municipal Code relating to classification of maintenance district areas into zones. This Ordinance permits the Council to divide new or existing maintenance districts into benefit zones. Such zones would have to be described in the process leading to formation of the district or to the annual hearing held for an existing district. Bakersfield, California, February 21, 1990 - Page 6 Vice-Mayor Peterson referred this Ordinance to the Citizens Auditorium Committee (Convention Center and Community Services Committee). First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.58 of the Bakersfield Municipal Code relating to off-street parking. The proposed Ordinance is a comprehensive revision to the City's Parking Ordinance. It includes new standards for parking downtown and for the City as a whole to better relate the parking needs to the type of development occurring in the City. This Ordinance and Negative Declaration were adopted by the Planning Commission on January 18, 1990, without protest or comment from the public. Correspondence has been received from Coleman Company requesting that small retail and office store fronts have the same parking requirement. Vice-Mayor Peterson referred this Ordinance to the Urban Development Committee. First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located at the northwest corner of Real Road and Wilson Road from an R-1 (One Family Dwelling) Zone to a P.C.D. (Planning Commercial Development ) Zone. On December 21, 1989, the Planning Commission recommended approval of this project, subject to conditions. Adoption of Resolution No. 16-90 of the Council of the City of Bakersfield providing for the designation of the Solid Waste Management Local Task Force. Upon a motion by Councilmember DeMond, Resolution No. 16-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, February 21, 1990 Page 7 Referral of Amendments of Fiscal Year 1989-90 Operating and Capital Improvements Budgets and the Operating and Capital Improvements Budget for the Community Development Block Grant Funds: A Resolution of the Council of the City of Bakersfield amending Resolution No. 117-89 approving and adopting the Operating and Capital Improvements Budgets for the City of Bakersfield, California, for the Fiscal Year 1989-90. A Resolution of the Council of the City of Bakersfield amending Resolution No. 119-89 approving and adopting the Operating and Capital Improvements Budgets for the Use of Community Development Block Grant Funds for the Fiscal Year 1989-90. Upon a motion by Councilmember McDermott, this matter was referred to the Budget and Finance Committee. Referral of Mid-Year Report from the Finance Director. Upon a motion by Councilmember McDermott, this matter was referred to the Budget and Finance Committee. Approval of Consultant' s Agreement No. 90-46 with Price Research Consultants for $16,500.00 to conduct public opinion surveys for bond issue election. Upon a motion by Councilmember McDermott, Agreement No. 90-46 was approved, authorization given for the transfer of $16,500.00 from Council Contingency Fund to City Manager's Budget, the Mayor authorized to execute the Agreement, and the matter referred to the Budget and Finance Committee. Approval of Consultant' s Agreement No. 90-47 with Kane, Ballmer and Berkman for investigation of alleged conflicts of interest in City Center Project. Upon a motion by Councilmember Smith, Agreement No. 90-47 was approved and the Mayor authorized to execute the Agreement. Approval of Loan Application to State of California, Department of Transportation, Division of Aeronautics, for $113,677.00 which represents the City's 10% matching share of approved FAA Airpark Improvement Grant No. AIP 3-06-0323-06. Upon a motion by Councilmember Salvaggio, the application for $113,677.00 in Matching Loan Funds from the State Department of Transportation was approved and the Mayor authorized to execute. Bakersfield, California, February 21, 1990 - Page 8 Approval for personnel for Fire Station #13 at Panama Lane and Stine Road. Upon a motion by Councilmember McDermott, approval was given for the transfer of $122,900.00 from the Council Contingency Account to the Fire Department Operating Budget for 12 firefighter positions by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Approval of Agreement No. 90-48 with Kern County for joint use of Fire Dispatch Center. Upon a motion by Councilmember Brunni, Agreement No. 90-48 was approved and the Mayor authorized to execute the Agreement. Approval of Agreement No. 90-49 between the City of Bakersfield, County of Kern and California Water Service Company for fire protection. Upon a motion by Councilmember Salvaggio, Agreement No. 90-49 was approved and the Mayor authorized to execute the Agreement. Approval of Contract No. 90-50, Memorandum of Understanding between the City of Bakersfield, Kern County Public Employees Association, S.E.I.U. Local 700, AFL-CIO, and Bakersfield Fire Dispatchers for Work Week Designation. Upon a motion by Councilmember Edwards, Contract No. 90-50 was approved and the Mayor authorized to execute the Memorandum of Understanding. Approval of Contract No. 90-51, Memorandum of Understanding between City/County Fire Departments and Kern County Public Employees Association, S.E.I.B. Local 700, AFL-CIO, regarding Fire Dispatcher working conditions. Upon a motion by Councilmember DeMond, Contract No. 90-51 was approved and the Mayor authorized to execute the Memorandum of Understanding. Adoption of Negative Declaration on the City of Bakersfield's 1986 Community Parkland Act Funds application for use of grant funding for acquisition and development of park land in Northeast Bakersfield (Panorama Highlands Park). Upon a motion by Couuc[lmember Smith, the Negative Declaration was adopted. Bakersfield, California, February 21, 1990 - Page 9 Approval of Agreement No. 90-52 with Panorama Highlands Development Company for the purchase of real property (11.585 acres) proposed as a park site for $280,000. Upon a motion by Councilmember Smith, Agreement No. 90-52 was approved, the Mayor authorized to execute the Agreement, and the Finance Director authorized to execute the documents related thereto. Adoption of Resolution NO. 17-90 of the Council of the City of Bakersfield approving the filing of an application to amend an existing agreement with the State which would allow the transfer of grant funds under the 1984 California Park and Recreational Facility Act from development of Sierra Park to the acquisition of a park site in Northeast Bakersfield. Upon a motion by Councilmember Smith, Resolution No. 17-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 18-90 of the Council of the City of Bakersfield approving the filing of an application to amend an existing agreement with the State for grant funds from the Community Parkland Act of 1986 to Acquisition and Development of a park site in Northeast Bakersfield. Upon a motion by Councilmember Smith, Resolution No. 18-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Renaming of Auditorium and Community Services Committee to Convention Center and Community Services Committee. Upon a motion by Councilmember Brunni, and Community Services Committee was renamed Center and Community Services Committee. the Auditorium to Convention One appointment to the Fair Housing Advisory Committee due to the resignation of Cindie Moore, term expiring October 31, 1990. Upon a motion by Councilmember McDermott, John Willingham was appointed to the Fair Housing Advisory Committee as the Bakersfield Board of Realtors Representative. Bakersfield, California, February 21, 1990 - Page 10 COUNCIL STATEMENTS Upon a motion by Councilmember McDermott, the issue of the City-Wide Park Maintenance District was referred to the Convention Center and Community Services Committee. He also encouraged the Committee to establish periodic meetings. Councilmember Brunni read a letter received from Paul Kronenberg dated February 21, 1990, as follows: I would like to call your attention to the February 21 , 1990, City Council Agenda Item 10(b) which proposes to amend Bakersfield Municipal Code Section 13.04. As I understand the proposed change to the City's maintenance district ordinance, it would permit the Council to establish "benefit zones" within new or existing aaintenance districts and allow these zones to be protested during the annual hearings. It appears that this ordinance change anticipates the establishment of a City-wide park maintenance district and thus permits the Council to assign different benefit levels to sections of the City. Potentially the change would allow existing landscape maintenance districts to be divided into zones. I am opposed to this ordinance change for several reasons: 1) it further balkanizes already inequitable taxation areas, 2) no objective criteria for establishing "benefits" are proposed, 3) it could shift added costs to certain property owners increasing the current inequity, 4) it could be used as a political tool to forge a majority of the Council in favor of a City-wide district to the detriment of other wards, and 5) it could be used to punish certain wards or areas of the City. Double taxation aside, in Maintenance District 1 our assessment is supposed to be uniformly applied. Resolution 115-89 states: "The benefit of increased land value inures to the parcels uniformly, and can be assessed at a uniform acreage rate." Since the City has allowed two-thirds of MD-I's acreage to opt-out, I question whether the resolution is valid. In this instance, as I informed the Council during protest hearings in June 1989, "benefit zones" have been accomplished in a de facto fashion. Adopting this ordinance amendment would merely codify (and justify) past actions. I would ask that you kill the amendment during first reading. If the whole issue of City-wide maintenance districts, whether for parks or street landscaping, is addressed by the Council this year, that process would be appropriate forum to look at how costs should be apportioned. Bakersfield, California, February 21, 1990 - Page 11 Upon a motion by Councilmember Brunni, a letter she received from the Faith Tabernacle Assembly Church regarding items the City allows to appear at the Convention Center was referred to the Convention Center and Community Services Committee. Councilmember Brunni stated she received a letter from some people who attended the D.A.R.E. graduation, and she wanted to let the Police Department and the people involved in the D.A.R.E. program know that a letter such as this is extremely rewarding. Councilmember Brunni stated that Ms. Stacie Dremel, a 13-year-old student at Actis Junior High School, has been chosen to represent Bakersfield by playing soccer on the Southern Section of California's Youth Association for Girls Under Fourteen. She is part of Team USA West. Councilmember Brunni asked the Mayor to send a letter of recognition. Councilmember Smith stated that she received a similar letter regarding Ms. Stacie Dremel and she referred that to staff, and John Stinson is preparing a letter. Councilmember to the Councilmembers review and information. Edwards stated he distributed a letter regarding the incentive area for their Public Works Director Ed Schulz responded to a request by Councilmember Salvaggio that the work on closure of Planz Road east of Union is expected to commence in April. The street will not be closed until the end of March and there is no cost for the street closure. Upon a motion by Councilmember Salvaggio, a letter received from Fred Dukes, Chairman of the Community Advisory Council for the Southeast Bakersfield Incentive Area, was referred to staff. Councilmember DeMond stated she is the Mid-State situation and suggested Council provide a proposed time frame. concerned about request staff Councilmember Edwards spoke regarding actioa to be taken on the I~centive Area. Councilmember Brunni requested Economic Development Director Jake Wager provide an update report on the Incentive Area by the next Council Meeting. Bakersfield, California, February 21, 1990 Page 12 ADJOURNMEN~ There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 8:45 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California kdsc