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HomeMy WebLinkAbout05/02/1990 MINUTES CCBakersfield, California, May 2, 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., May 2, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, at 5:45 p.m.), Salvaggio Absent: None Smith, Brunni (seated Peterson, McDermott, WORKSHOP PLANNING COMMISSION INTERVIEWS Candidates present for the interviews were Mr. Steven Ross, Mr. Henry McCarthy, Mr. Mark Shuman, Mr. Darren Powers, Mr. Steven Messner, Ms. Linda Morales, and Ms. Martha Baucke. In response to questions by the Council, each candidate provided a summary of their background and interest in planning. There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned to Closed Session at 6:00 p.m. MAYOR of the City of Bakersfield, CA ATTEST: ACTING CITY CLERK and E~d ~fficio Clerk of the Council of the City of Bakersfield, CA kdsc Bakersfield, California, May 2, 1990 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 6:00 p.m., May 2, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Absent: None CLOSED SESSION Closed Session pursuant to Government Code Section 54957 regarding Labor Negotiations with City of Bakersfield' s Chief Negotiator, Bill Avery, regarding Police Unit Negotiations. Upon a motion by Councilmember adjourned to the City Manager's Conference Session at 6:00 p.m. DeMond, Council Room for Closed ADJOURNMENT There being no further business to come Council, upon a motion by Councilmember Peterson, for Closed Session was adjourned at 6:59 p.m. before the the meeting MAYOR of the City of Bakersfield, CA ATTEST: ~I/~L~R~a~nd E~x~/~. 'ClO Clerk of the Council of the City of Bakersfield, CA kdsc !79 Bakersfield, California, May 2, 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., May 2, 1990. The meeting was called to order by Mayor Medders, followed by the Invocation by Conard Holt, Member of the Board of Deacons, First Assembly of God Church, and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Absent: Councilmembers Edwards, Peterson, None DeMond, Smith, Brunni, McDermott, Salvaggio PRESENTATIONS Councilmember Peterson read a Proclamation from Senator Don Rogers to Rueben C. Angelbeck in honor of his 100th birthday. Mayor Medders gave to Rueben C. Angelbeck a letter from the Congressional Office and presented him with a key to the City in honor of his 100th birthday. Mayor Medders read and a Proclamation Proclaiming the Awareness Month." presented to Mr. Lauren Hodge Month of May 1990 as "Water Councilmember Salvaggio informed the Council that Mayor Medders proclaimed the week of May 6-12th, 1990, as Victims of Pornography Week. Calendar: CONSENT CALENDAR The following items were listed on the Consent Minutes of the Workshop, Closed Session and Regular Meeting of April 18, 1990, for approval. Communications: Communication from John Sarad, JTM Company, 1801 Oak Street, Suite 156, dated April 6, 1990, requesting a General Plan Amendment from Low Density Residential to General Commercial for the area located on the northeast corner of Harris and Ashe Roads. (RECEIVE AND REFER TO PLANNING COMMISSION) Approval of Warrant Nos. 8379 to 8907, inclusive, in the amount of $1,873,516.59 and Self-Insurance Warrant Nos. 1 61 3 to 17 4 9, inclusive, in the amount of $92,552.18. 48O Bakersfield, California, May 2, 1990 - Page 2 Communication from Bryan T. Haupt, Coleman Commercial, Inc., dated April 24, 1990, requesting a General Plan Amendment 2-90, Segment III and Zone Change 5027 for the northeast corner of Mt. Vernon and Bernard Street. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from CongreCare, Inc., 612 North Maple Drive, Beverly Hills, dated March 3, 1990, requesting the City's assistance in issuing $5,500,000 in bonds for the development of a 50-unit assisted living facility for the elderly located on Akers Avenue and Ardmore Avenue. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) d. Dedication of Properties: Quitclaim Deed No. 3218 from City of Bakersfield to County of Kern for right-of-way along Wilson Road (formerly Louise Avenue) between Elliott Street and South Union Avenue. (Salisbury Property) e Quitclaim Deed No. 3219 from City of Bakersfield to County of Kern for right-of-way along Wilson Road (formerly Louise Avenue) between Elliott Street and South Union Avenue. (Vengarick Property) Deed No. 3220, Irrevocable Offer of Dedication from Renfrow, Inc., for a portion of Calloway Road south of Hageman Road and a portion of Hageman Road west of Calloway Road. Deed No. 3221, Nonexclusive Right of Way Easement to Pacific Bell for relocation of their buried facilities crossing the City-owned portion of the Kern River on the north side of State Highway 1 78 (24th Street). Bakersfield, California, May 2, 1990 - Page 3 f. Notices of Completion and Acceptance of Work for the following: Tract No 5035 (Landscaping), located south of Brimhall Road and west of Coffee Road, Contract No. 89-90, completed April 11, 1990. Tract No. 5107 (Landscaping), located south of Panama Lane and east of South "H" Street, Contract No. 89-187, completed April 4, 1990. Realignment of public sewer line in alley between Lots 1 and 8, and Lots 2 and 7 of Block 4 of Homaker Park Tract, Contract No. 88-184, completed April 13, 1990. Relocation of sewerline at the northbound off-ramp of Freeway 99 at Rosedale Highway, Contract No. 90-45, completed April 18, 1990. Median modification on Truxtun Avenue and installation of traffic signal system on Commercial Way at Truxtun Avenue, Contract No. 90-20, completed April 18, 1990. Approval of Plans and Specifications for the following: Traffic signal and median modification on Stockdale Highway at Rio Bravo Drive. Construction of new medians on White Lane between Wilson Road and Mei Yen Lane, and modifications of existing medians located at California Avenue at Real Road, California Avenue at Easton Drive, Truxtun Avenue at Sonora Street, and Truxtun Avenue at "V" Street. Bakersfield, California, May 2, 1990 - Page 4 w Traffic signal system modification on Mount Vernon Avenue at University Avenue. Traffic signal system on Gosford Road at South Laurelglen Avenue. Adoption of Resolution No. 43-90 of the Council of the City of Bakersfield accepting a portion of the Irrevocable Offer of Dedication for public right-of-way for Paladino Drive in the City of Bakersfield (approximately one mile northwest of Mesa Marin Race Track), Deed No. 3222. Upon a motion by Councilmember Peterson, Items a, b, c, d, e, f, g and h 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 Mr. Doug Kurtz, 7017 School House Lane, spoke in opposition to playing hardball, causing excessive noise and using profanity at Amberton Park. Upon a motion by Councilmember Peterson, the matter was referred to the Community Services Department with a report to come back to Council. HEARINGS This is the time set for a public hearing before the Council of the City of Bakersfield for consideration of the report by the Building Director specifying work done, cost of work and description of property upon which dangerous buildings have been demolished, and hearing protests or objections thereto. This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and actiou. Bakersfield, California, May 2, 1990 Page 5 Adoption of Resolution No. 44-90 of the Council of the City of Bakersfield confirming the report of the Building Director regarding assessments of certain properties in the City of Bakersfield for demolition of dangerous buildings. Upon a motion by Councilmember Salvaggio, Resolution No. 44-90 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 public hearing before the Council of the City of Bakersfield on the appeal by Community Construction, Inc., of Planning Commission Resolution 9-90 denying the zone change from an A (Agriculture) Zone to an R-1 (One Family Dwelling) Zone on that certain property located approximately 500 feet south of White Lane on the east side of Mountain Vista Drive to the Buena Vista Canal, north of the westerly extension of Campus Park Drive. This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. Mr. Jack Balfanz, representing Community Construction, Inc., spoke in support of the appeal and offered to dedicate five acres of usable land for a park site within the Tevis Ranch property under a development agreement with the condition that Community Construction be exempt from future park fees. Mr. Craig Mancevice, 11000 Via Vista, spoke in opposition to the appeal and in favor of the Planning Commission decision and presented a petition with 60 signatures in support of the Planning Commission decision. appeal. Mr. Jack Balfanz spoke in rebuttal in support of the Mr. Craig Mancevice spoke in rebuttal in opposition to the appeal and in support of the Planning Commission decision. No further protests or objections being received and no one else wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, May 2, 1990 - Page 6 Councilmember Brunni made a motion to approve the zone change with final Council approval of the Development Agreement; the Development Agreement will provide that the appellant shall (a) convey to the City a park site (five net usable acres), the precise boundaries of which are to be approved by the Community Services Director, (b) construct street improvements (curbs, gutters, street paving, and utilities) adjacent to the park site for each abutting street; that "Tevis Ranch Master Plan" for the 241 acres south of White Lane between Old River Road and Mountain Vista Drive, approved by the Planning Commission on October 3, 1985, be considered void and of no further effect; and that, upon performance of (a) and (b) above, appellant's future development of properties within Tract 4345-A, Tract 4345-C, and Parcels 3 and 4 of Parcel Map Waiver No. 20-89 (Certificate of Compliance), recorded March 29, 1990, at Book 6364, Page 0116, be exempted from payment of park fees. Councilmember Brunni stated for the record that she wanted to ensure that the owners of the property on the south side of Campus Park Drive, since the ownership has changed, would be aware that they will be asked to participate or pay in lieu fees for parks. She stated she spoke with one person who is part of that ownership situation, and that person is aware and indicated a willingness to participate. The motion by Councilmember Brunni was approved by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None ACTION ON BIDS Contract No. 90-106 with Griffith Company for the Construction of Curb and Gutter on Olive, Beech, Dracena, Palm and Inyo Streets, wheelchair ramp on 19th and "G" Streets, and Brundage Lane 500 feet west of Quantico. Upon a motion by Councilmember DeMond, the low bid from Griffith Company in the amount of $105,303, for the Base Bid and Alternate "A," was approved, the other bid rejected, and the Mayor authorized to execute the Contract. Bakersfield, California, May 2, 1990 - Page 7 Adoption of Resolution No. 45-90 of the Council of the City of Bakersfield determining that certain Building Permit Tracking Systems can be reasonably obtained from only one vendor, Sierra Computer System, Inc., and authorizing the Finance Director to dispense with bidding therefor, not to exceed $26,400. Upon a motion by Councilmember Peterson, Resolution No. 45-90 of the Council of the City of Bakersfield was adopted, and Contract No. 90-107 with Sierra Computer System, Inc., was approved by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None DEFERRED BUSINESS Adoption of Ordinance No. 3289 of the Council of the City of Bakersfield adding Section 13.04.280 to the Bakersfield Municipal Code relating to Validation Proceedings for Maintenance Districts. This Ordinance was given first reading at the meeting of April 18, 1990, along with Convention Center and Community Services Committee Report No. 6-90. Upon a motion by Councilmember DeMond, Ordinance No. 3289 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. 46-90 of the Council of the City of Bakersfield adopting Investment Policy. This Resolution was referred to the Budget and Finance Committee at the meeting of March 21, 1990. Upon a motion by Councilmember McDermott, Resolution No. 46-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio Bakersfield, California, May 2, 1990 Page 8 NEW BUSINESS 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 located on the southwest corner of South Brown Street and East California Avenue from a C-1-D (Limited Commercial-Architectural Design) Zone to a C-2 (Commercial) Zone. On April 5, ~990, the Planning Commission recommended approval of this project. Adoption of Resolution NO. 47-90 of the Council of the City of Bakersfield revising dates of Regular Council Meeting, Workshop and Budget Hearings heretofore set for May and June, 1990. Upon a motion by Councilmember McDermott, Resolution No. 47-90 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 Transmittal of the 1 990-95 Capital Improvements Program. Upon a motion by Councilmember Peterson, the 1990-95 Capital Improvements Program was referred to the Planning Commission for conformance to the General Plan. Procedures for Board and Commission vacancies. Upon a motion by Councilmember Salvaggio, the Procedures for Board and Commission vacancies were approved. Confirmation of appointment to Plan Committee. David Milazzo's continued the Habitat Conservation Upon a motion by Councilmember was given to appoint David Milazzo to the Plan Committee. Brunni, confirmation Habitat Conservation Five (5) Appointments to the Handicapped Access Appeals Board. Upon a motion by Councilmember Salvaggio, the nominations were opened for the Handicapped Access Appeals Board, and the nominations will be closed June 13, 1990. Bakersfield, California, May 2, 1990 - Page 9 Three (3) vacancies on the Central District Development Agency: One vacancy due to the expiration of term by Wayne Killmet, term expired April 22, 1990. One vacancy due to the expiration of term by Victoria Araujo, term expired April 22, 1990. One vacancy due to the resignation by Paul Kronenberg, term expiring April 22, 1991. Mayor Medders stated he will make recommendations at the next Regular Council Meeting. Two (2) vacancies on the Historic Preservation Commission. One vacancy due to the expiration of term by Carl Frazer, term expired March 30, 1990. (Mayor) One vacancy due to the expiration of term by Lynn Noel, term expired March 30, 1990. (Ward 1) Upon a motion by Councilmember Edwards, Mr. Randy Hurt, 2701 20th Street, was appointed to the Historic Preservation Commission (Ward 1). One (1) vacancy on the Planning Commission due to expiration of term by David Milazzo, term expired April 17, 1990. Upon a motion by Councilmember Smith, Mr. Darren Powers was appointed to the Planning Commission. COUNCIL STATEMENTS Upon a motion by Councilmember Smith, a letter from the Kern County Soccer Foundation requesting one-time financial aid was referred to the Budget and Finance Committee. Upon a motion by Councilmember Smith, a letter from the Kern County Arts Council requesting financial aid was referred to the Budget and Finance Committee. Councilmember Smith referred to Public Works a letter addressed to the Bakersfield Planning Commission regarding the intersection at Morning Drive and Freeway 178. Upon a motion by Councilmember Brunni, the matter of the Urban Creek Restoration Act, specifically low-cost flood control with preservation and enhancement of the natural environment, was referred to the Community Services Department. Councilmember Brunni referred to staff AB-250, regarding General Plan School Facilities. Councilmember Brunni asked people to fill out their census forms if they have not already done so. Bakersfield, California, May 2, 1990 - Page 10 Councilmember Salvaggio referred to staff the matter of pollution caused by handbills. Councilmember Salvaggio asked Planning Director Jack Hardisty for a copy of the memo he prepared in reference to the Times article about how Los Angeles posts big bills for residents' illegal signs. * See below. Councilmember Salvaggio referred to staff complaints re9ardin9 the Playboy and Rendezvous channels. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Peterson, the meeting was adjourned at 9:00 p.m. MAYOR of the City of Bakersfield, CA ATTEST: ACTING CITY CLERK and Ex Of]f~cio Clerk of the Council of the City of Bakersfield, CA kdsc *Councilmember Salvaggio asked about the status of the request by J. O. Barber to change the name of Sillect Drive to Buck Owens Drive. Planning Director Hardisty responded that the matter was a moot issue because the first property owner (Hugh Sill), who originally chose the name for the street, does not wish to change it.