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
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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