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HomeMy WebLinkAbout10/03/1990 MINUTES CCBakersfield, California, October 3, 1990 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., October 3, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott (seated at 5:18), Salvaggio Absent: None adjourned CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a.) regarding pending litigation in the case of Mosley rs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a.) regarding pending litigation in the case of City of Bakersfield rs. Mead Insurance. Closed Session pursuant to Government Code Section 54956.9(a.) regarding pending litigation in the case of Kinnard rs. City of Bakersfield. Upon a motion by Councilmember Salvaggio, to Closed Session at 5:15 p.m. Council ADJOURNMENT Upon a motion by Councilmember McDermott, the meeting for Closed Session was adjourned at 5:55 p.m. MA OR~of~the~City~"~of Bake~A ATTEST: C~T¥ C~ an~ ~x ©ffic±o Clerk of Council of the City of Bakersfield, CA kdsc 194 Bakersfield, California, October 3, 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., October 3, 1990. The meeting was followed by the Invocation Pledge of Allegiance. called to order by Councilmember by Mayor Medders, Salvaggio and the City Clerk Williams called the roll as follows: Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Absent: None PRESENTATION Mayor Medders Proclamation proclaiming Safety Day." presented to Mr. Eric Foss a October 15, 1990, as "White Cane Calendar: The be de CONSENT CALENDAR following items were listed on the Approval of Warrant Nos. 1668 to 2225, inclusive, in the amount of $8,073,997.83, and Self-Insurance Warrant Nos. 211 to 346, inclusive, in the amount of $103,733.72. Minutes of the Workshop and Regular Meeting of September 19, 1990, for approval. Communication from Sequoia Engineering, Inc. , 1430 Truxtun Avenue, Suite 720, dated August 8, 1 990, submitting a request for annexation of the property generally located at the southeast corner of Wible Road and Hosking Avenue. (RECEIVE AND REFER TO PLANNING COMMISSION) Street Right of Way Deed No. 3254 from Valley Baptist Church, a non-profit corporation, for additional right of way along the north line of Hageman Road east of Fruitvale Avenue. Consent e. Notices of Completion and Acceptance of Work for the following: Bakersfield, California, October 3, 1990 - Page 2 Rehabilitation of an 18-inch sewer line in Brundage Lane, a 6-inch sewer line in an easement east of Oleander Avenue, a 6-inch sewer line in an alley adjacent to Oak Street and a 6-inch sewer line in easements between Lawn and 24th Streets, Contract No. 90-144, completed September 19, 1990. Installation of reflectorized pavement markers at portions of Stockdale Highway, Brundage Lane, Ming Avenue, Oswell Street, Fairfax Road, White Lane, Fruitvale Avenue, Hageman Road, Gosford Road and Panorama Drive, Contract No. 90-155, completed September 21, 1990. Hot surface recycling and resurfacing of Chester Avenue from Brundage Lane to 4th Street, Chester Avenue from 24th Street to 30th Street, West Columbus Street from North Chester Avenue to Union Avenue, and Akers Road from Parker Avenue to Wilson Road, Contract No. 90-172, completed September 21, 1990. Tract No. 5073, Phase I, located at the intersection of Brimhall Road and west of Coffee Road, Contract No. 90-27, completed September 24, 1990. Agreement No. 90-228 with the Kern High School District for conducting adult education at the Martin Luther King, Jr. Community Center. DELETED. Agreement No. 90-229, First Amendment to Independent Contractor's Agreement No. 90-117 with BSK & Associates for geotechnical services for the Bakersfield Airpark expansion. i96 Bakersfield, California, October 3, 1990 - Page 3 Agreement No. 90-230, Amendment No. 1 to Agreement No. 90-184, with Kern High School District regarding Harvey Auditorium Handicap Access Improvements, to provide an additional $1,707 in Community Development Block Grant (CDBG) funds to complete the construction of a ramp for handicap access to the Harvey Auditorium. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, h, and i of the Consent Calendar, with the deletion of Item g., and the correction to Page 27 of the Minutes of the Regular Council Meeting of September 19, 1990, were adopted by the following roll call vote: Ayes: Councilmembers Edwards, De Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None PUBLIC STATEMENTS Mr. Gene Tackett, 2927 19th Street, representing 3-M National Advertising, spoke in support of minor modifications to proposed ordinance contained in letter from Mike Bossi, Martin Outdoor Advertising. Ms. Mary R. Harms, 1201 40th Street, #58, representing the Parent/Child Safety Committee at Stella I. Hills School, spoke regarding a crossing guard at the school. Ms. Adrienne Herd, 1004 "H" Street, spoke regarding Emergency Ordinance Conditional Use Permit and the housing needs of disabled citizens. She provided a letter from the Mental Health Law Practice, 2021 "L" Street NW, Suite 800, Washington, DC, stating concerns about housing for people with disabilities. Mr. Roy Malahowski, 5016 Pamela Street, spoke regarding the proposed group home conditional use permit ordinance. Mr. Greg Tinsley, 2100 Gambel Oak Way, spoke regarding the proposed "Pick Your Part" salvage yard at 2120 South Union Avenue. Upon a motion by Councilmember Salvaggio, the matter of the proposed salvage yard at 2120 South Union Avenue, was referred to the City Manager for a complete investigation and analysis. City Manager Dale Hawley proposed to meet with representatives of the salvage yard, the City Attorney, and the City Planning Director as soon as possible regarding the proposed salvage yard at 2120 South Union Avenue. Mr. Glenn R. Burroughs, 1811 20th Street, spoke regarding access to public toilets in food establishments. 197 Bakersfield, California, October 3, 1990 - Page 4 Mr. Robert W. Phillips, Taco Bell, 6119 Niles Street, spoke regarding the ordinance pertaining to pay toilets and provided a letter from the Taco Bell Company. Mr. Arthur M. Caballero, 9501 Hemingway Place, spoke regarding the ordinance relating to pay toilets. Ms. Rosie Cisneros, representing Jack in the Box Restaurant, spoke in support of Taco Bell and Carl's Junior restaurants in their efforts to provide restroom facilities to their customers and also a safe environment for their employees. Councilmember DeMond stated for the record that there are 53 elementary schools in the metropolitan area of the City of Bakersfield, and of those, 17 do not have any crossing guards because they have not met the warrants that the City follows that come down from the State. One of the schools, Longfellow, has a parent group which still works with children in one area. She stated that the City will continue to monitor the area in question, as all areas are monitored, particularly when requested by the different school districts. She suggested to the parents that they continue to work among themselves as a group, and perhaps they may need to meet with staff, and staff needs to be directed to look at the aspect of service areas where benefit could be received from parents with these problems. HEARINGS This is the time set for public hearing to consider an Ordinance of the Council of the City of Bakersfield amending Subsection B. of Section 17.18.020 and adding Subsection C. to Section 17.18.025 of the Bakersfield Municipal Code relating to Residential Care Facilities in R-4 (Multiple Family Dwelling) Zone. This hearing has been duly advertised and posted as required by law. Mayor Medders declared the hearing open for public participation. Ms. Adrienne Herd, 1004 "H" Street, spoke in opposition to the Ordinance relating to residential care facilities in R-4 Zone. Mr. Ken Champion, 1721 Hendrix Lane, spoke in favor of the Ordinance relating to residential care facilities in R-4 Zone. Mr. Hershell Brown, 2708 Houchin Road, spoke in favor of the Ordinance relating to residential care facilities in R-4 Zone. Ms. Adrienne Herd spoke in rebuttal in opposition to the Ordinance. 198 Bakersfield, California, October 3, 1990 - Page 5 No further protest 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. Upon a motion by Councilmember Salvaggio, the Negative Declaration was adopted and the Ordinance considered first reading by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember Brunni clarified her vote on the Negative Declaration and read what the permitted uses are: "Permitted Uses - Residential facilities housing groups of people with disabilities as required to be permitted by federal law." She stated that was pretty specific for her in terms of definition to allow these types of facilities for those uses not to do anything different than they are doing right now. She also stated that this Ordinance sets a policy that in larger group homes the City feels that it is appropriate to take a closer look. This is not a prohibition. This is not a guarantee that group homes are not going to be cited in areas. It is important to make sure that everybody understands that on all sides of the issue. It simply says that the City takes a good close look at something of that nature before it is cited. This is the time set for public hearing before the Council of the City of the City of Bakersfield for hearing objections from any person owning real property within the Calloway No. 3 Annexation on the matter of annexation of such property to the City of Bakersfield and of inclusion of all portions of the proposed Calloway No. 3 Annexation, upon annexation to the City of Bakersfield into the Greater Bakersfield Separation of Grade District. (Ward 4) 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 action. !99 Bakersfield, California, October 3, 1990 - Page 6 Adoption of Resolution No. 137-90 of the Council of the City of Bakersfield making findings that no written protest has been filed and ordering the territory designated as Proceeding No. 1023, Annexation No. 335, Calloway No. 3, Annexed to the City of Bakersfield and included in the Greater Bakersfield Separation of Grade District (WARD 4) Upon a motion by Councilmember Brunni, Resolution No. 137-90 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 for consideration of an appeal by Art Dansby to the decision of the Board of Zoning Adjustment requiring the side yard fence be removed from the street right-of-way as a condition of approval for a request for a zoning modification on property located at 2701 Pine Street. 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. Art Dansby requested that he be allowed to leave the fence line where it is presently located. No further 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 action. Upon a motion by Councilmember DeMond, the appeal by Art Dansby to the decision of the Board of Zoning Adjustment was upheld with the stipulation that the shrubbery along the fence be removed, and that Mr. Dansby go through the necessary steps to legitimize the fence, by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Peterson, McDermott, Smith, Brunni, Salvaggio 200 Bakersfield, California, October 3, 1990 - Page 7 REPORTS Councilmember Salvaggio, Chairperson of the Water Resources Committee, read Report No. 1-90 regarding Propositions 128 (Big Green), 135 (Careful Initiative), 130 (Forest Acquisition) and 138 (Forestry Programs), as follows: On Tuesday, October 2, 1990, the Water Resources Committee met to discuss the impact of the following state propositions on the November 6, 1990, ballot: a) Proposition 128 (Big Green) b) Proposition 1 35 (Careful Initiative) c) Proposition 1 30 (Forest Acquisition) d) Proposition 1 38 (Forestry Programs ) Two members of the Committee recommend the City Council take a strong position in opposition to Proposition 128. They felt the initiative is very expensive to implement and too costly to local government, that it would create another layer of government and would have a detrimental effect on the local economy and the agricultural community. The other member felt the initiative process is a poor way to deal with complex environmental regulations, that elected officials of the Council should be very careful of telling the electorate how to vote, unless it directly affects local government, and was concerned about partisan overtones surrounding Proposition 128. Regarding Propositions 135, 130, and 138, the Water Resources Committee recommends the City Council take a position of making no recommendation. Upon a motion by Councilmember Salvaggio, Water Resources Committee Report No. 1-90 was accepted. Councilmember Brunni made a motion that the Council of the City of Bakersfield take the position to strongly oppose Proposition No. 128 on the November 6, 1990, Ballot. Councilmember Edwards encouraged the Council to not take action on any of the initiatives. Councilmember McDermott encouraged the Council to not take a position on what does not directly effect the City, but Proposition No. 128 deals with local taxes. Bakersfield, California, October 3, 1990 - Page 8 Councilmember Salvaggio made a substitute motion to take a position of "no recommendation" on Proposition No. 128. The substitute motion failed by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Salvaggio Noes: Councilmembers Peterson, Smith, Brunni, McDermott Abstain: None Absent: None The motion by Councilmember Brunni to strongly oppose Proposition No. 128 was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Brunni, Peterson, Councilmembers Edwards, DeMond Councilmember Salvaggio None McDermott Councilmember DeMond stated for the record that she noticed, even with our League position on ballot propositions, that they have deferred working on this until the League meeting later this month. She stated that she has difficulty, irregardless of the ballot issues, taking positions on ballot measures, as a Councilmember, because of many of the reasons that Mr. Edwards stated. It seems like every time Council does this, it only confirms the acts of our legislators in Sacramento by allowing this state to be run by initiative. She further stated that she has problems with this, and every time Council takes positions on ballot propositions, it only adds to that supposition that government is not in the hands of the people that are being elected to do it. Upon a motion by Councilmember Peterson, the Council will take a "no recommendation" position on Initiatives 130, 138 and 135, by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Peterson, McDermott, Smith, Brunni, Salvaggio Upon a motion by Councilmember Brunni, the Council recessed at 8:34 p.m., and reconvened at 8:40 p.m. ACTION ON BIDS Construction of Bakersfield Homeless Center. Upon a motion by Councilmember DeMond, all bids rejected and staff authorized to readvertise the project. IBM Personal Computers for the Building Department. Upon from Carney's $34,462.19 was were a motion by Councilmember Brunni, the low bid Office Equipment, Inc., in the amount of accepted and all other bids rejected. 202 Bakersfield, California, October 3, 1990 Page 9 Traffic Signal Control Equipment. Upon a motion by Councilmember Peterson, the low bids from Traffic Control Technologies (2 items, $31,145.06), Signal Control Company, Inc. (4 items, $24,010.38), and Saferran Traffic Systems (3 items, $12,555.56) were accepted, and all other bids rejected. Approval of Annual Contract No. 90-231 with Target Specialty Products for Chemicals, Insecticides and Herbicides. Approval of Annual Contract No. 90-232 with Abate-A-Weed, Inc. , for Chemicals, Insecticides and Herbicides. Upon a motion by Councilmember Peterson, the low bids from Target Specialty Products (19 items, $62,853.36), and Abate-A-Weed, Inc. (13 items, $26,596.02), were accepted, the other bids rejected, and the Mayor authorized to execute the Contract. Approval of Contract No. 90-233 with Granite Construction Company for the Construction of China Grade I~Dop Road. Upon a motion by Councilmember DeMond, the low Base Bid and Alternate "A" from Granite Construction Company in the amount of $1,386,563.00 was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. Upon a motion by Councilmember DeMond, appropriations of $95,000.00 fund balance and $35,000.00 developer contributions to the Gas Tax Fund and $270,000 Bridge Replacement Grant Revenue to the Federal Grants Fund for the Public Works Capital Improvement Budget, were approved by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio Approval of Contract No. 90-234 with Tumblin Company for the Construction of Stine Canal Culvert at Ashe Road. Upon a motion by Councilmember McDermott, the low Base Bid and Alternate "A" from Tumblin Company in the amount of $106,700.00 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. DEFEI~RED BUSINESS Adoption of Ordinance No. 3319 of the Council of the City of Bakersfield amending Section 15.64.410 of the Bakersfield Municipal Code relating to Above-Ground Storage of Flammable or Combustible Liquids. This Ordinance was given first reading at the meeting of September 19, 1990, with Urban Development Committee Report No. 9-90. Bakersfield, California, October 3, 1990 - Page 10 Upon a motion by Councilmember Peterson, Ordinance No. 3319 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 Adoption of Ordinance No. 3320 of the Council of the City of Bakersfield amending Subsection O. of Section 17.60.070, Subsection N. of Section 17.60.080, Subsection A.2. of Section 17.60.160, and Subsection A.2. of Section 17.60.170, and adding Subsection 48. to Section 17.60.030 to the Bakersfield Municipal Code relating to Signs. This Ordinance was given first reading at the meeting of September 19, 1990, with Urban Development Committee Report No. 10-90. Correspondence has been received from Mike Bossi, Martin Outdoor Advertising, 3101 North Sillect, Suite 106, dated September 27, 1990, requesting minor modifications to the proposed ordinance. Mr. John Walker, 3-M National, responded to questions by the Council. Councilmember McDermott made a motion to adopt Ordinance No. 3320 of the Council of the City of Bakersfield with the amendment from 1,000 to 300 feet radius between signs, in Section 3.A.2.d. in residential zoning, and Section 4.A.2.d. Councilmember Smith made a substitute motion to adopt the original Ordinance which was read two weeks ago, with the amendment to add the word "and" after each paragraph under Section 3, subparagraphs a, b, c, d and e, and Section 4, subparagraphs a, b, c, d, and e. The substitute motion failed by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Salvaggio Councilmembers Peterson, Edwards, McDermott None None DeMond, Brunni, The motion by Councilmember McDermott to adopt Ordinance No. 3320 of the Council of the City of Bakersfield with the amendment from 1,000 to 300 feet radius between signs, in Section 3.A. 2.d. in residential zoning, and Section 4.A.2.d., and that the word "and" be added under Section 3, subparagraphs a, b, c, d, e, and Section 4, subparagraphs a, b, c, d, and e, was approved by the following roll call vote: Ayes: Councilmembers Noes: Councilmembers Abstain: None Absent: None Edwards, DeMond, McDermott Smith, Salvaggio Brunni, Peterson, Bakersfield, California, October 3, 1990 - Page 11 Mr. Gene Tackett requested that the sign industry be allowed to review the impacts and bring back their findings to the Council. Adoption of Ordinance No. 3321 of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as the Akers No. 4 Annexation. ( Wi, UZD 6) This Ordinance was given first reading at the meeting of September 19, 1990. Due to a real or imaginary conflict of interest, Councilmember Brunni stated she would not participate in the discussion of the following matter. Upon a motion by Councilmember McDermott, Ordinance No. 3321 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Peterson, McDermott, Salvaggio None None Councilmember Brunni Noes: Abstain: Absent: Adoption of Ordinance No. 3322 of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property located on the east side of Patton Way approximately 1,100 feet south of Hageman Road from an R-1 (One Family Dwelling) Zone to a "P" (Parking) Zone. This Ordinance was given first reading at the meeting of August 22, 1990, and deferred from the meeting of September 5, 1990. Upon a motion by Councilmember Brunni, Ordinance No. 3322 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 Adoption of Ordinance No. 3323 of the Council of the City of Bakersfield adding Chapter 15.50 to the Bakersfield Municipal Code relating to Pay Toilets. Revisions have been made to the Ordinance which was given first reading at the meeting of September 19, 1990. 205 Bakersfield, California, October 3, 1990 Page 12 Upon a motion by Councilmember McDermott, Ordinance No. 3323 of the Council of the City of Bakersfield was adopted, with the change in the title to Section 15.50.020 from "Facilities Required," to "Pay Toilets Prohibited," by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, McDermott Councilmembers Edwards, Salvaggio None None Peterson, Upon a motion by Councilmember McDermott, the issue of handicap access to restrooms with token facilities was referred to the Handicapped Access Appeals Board, and the issue of emergency egress from the restroom facilities was referred to the Fire Department. NEW BUSINESS Adoption of Resolution of Application No. 138-90 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 338, Akers No. 4 Annexation. (Ward 6). Due to a real or imaginary conflict of interest, Councilmember Brunni stated she would not participate in the discussion of the following matter. Upon a motion by Councilmember McDermott, Resolution of Application No. 138-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Brunni Peterson, Approval of Agreement No. 90-235 with Minner & Davis, Structural Engineers, for design of two Coffee Road Bridge structures at Kern River and Cross Valley Canal. Upon a motion by Councilmember Brunni, Agreement No. 90-235 with Minner & Davis was approved and the Mayor authorized to execute the Agreement. Appointment of an Advisory Group to assist staff in developing the Housing Element for the 2010 General Plan. Upon a motion by Councilmember Brunni, the matter of an appointment of an Advisory Group to assist staff in developing the Housing Element for the 2010 General Plan was referred to the Urban Development Committee. Bakersfield, California, October 3, 1990 - Page 13 COUNCIL STATEMENTS Upon a motion by Councilmember Peterson, a memorandum from the City Manager regarding the indirect source of control measures of County's attainment plan required by the California Clean Air Act was referred to the Urban Development Committee. Upon a motion by Councilmember McDermott, correspondence from Gannon Enterprises, Inc., 4101 Union Avenue, requesting the assignment of their lease with the City of Bakersfield regarding the Courthouse Racquetball Club be transferred to Easton and Moran Physical Therapists, was referred to the Budget and Finance Committee. Councilmember Brunni voted no. Councilmember Salvaggio stated that as a representative of Kern Council of Governments, he was elected to be on the Joint Powers Revision Agreement Committee with various other Councilmembers from cities in the County, and Supervisor Roy Ashburn. He stated they had their second meeting on October 1, 1990, and he provided some background materials to the Council. Councilmember Salvaggio requested that staff place on the Agenda for the next Council meeting the issue of renaming Monitor Park to Walter Stiern Park. Upon a motion by Councilmember Smith, the issue of possible gate fees at Sanitary Landfills starting July 1, 1992, was referred to the Intergovernmental Relations Committee. There Council, upon a was adjourned at ADJOURNMENT being no further business to come before the motion by Councilmember Peterson, the meeting 10:05 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