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HomeMy WebLinkAbout07/12/1989 MINUTES CCBakersfield, California, July 12, 1989 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., July 12, 1989. The meeting was called to order by Mayor Medders. Present: Absent: Mayor Medders, None Councilmembers Smith, Anthony, DeMond, Ratt y , Peterson, McDermott, Salvaggio WORKSHOP UNREINFORCED MASONRY BUILDING REGULATIONS Cal Bidwell, Building Director, provided a report o~. the Unreinforced Masonry Building Regulations and a slide presentation of unreinforced masonry buildings located in the City. TARGETED MARKETING REPORT PREPARED BY VISTA STRATEGIES CENTER Jake Wager introduced Bill Mungary, Director of Kern County Community Development, who spoke on how the report was made possible. Guy Greenlee, Kern County Community Development Principal Planner, spoke regarding focus on methodology of preparing the report by this firm. David Lyman, Economic Development Principal Planner, shared findings of the study. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 6:00 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 kds Bakersfield, California, July 12, 1989 Minutes of the Regular Meeting of City of Bakersfield, California, held in the City Hall at 7:00 p.m., July 12, 1989. the Council of the Council Chambers of The meeting was called to order by Mayor Medders, followed by the Invocation by Chaplain Ed Meissner, First Assembly of God Church, and the Pledge of Allegiance. Assistant City Clerk Gafford called the roll as follows: Present: Absent: Mayor Medders, Councilmembers Smith, Anthony, DeMond, Ratty, Peterson, McDermott, Salvaggio None PRESENTATIONS Mayor Medders introduced Ray Keller and Joseph Karam, long-term employees with the City of Bakersfield. Ray Keller presented the Patriarch Plaque to Joseph Karam for 37 years of service to the City of Bakersfield. Mayor Medders presented a retirement plaque to Ray Keller for 40 years of service in the Parks Division of the Community Services Department. CONSENT CALENDAR The following items were listed on the Consen~ Calendar: Cm Approval of Warrant Nos. 10214 to 10697 inclusive, in the amount of $2,769,122.11 . Minutes of the Budget Workshop of May 24, 1989, Closed Session and Regular Meeting of May 31, 1989, Budget Hearings of June 5 and June 6, 1989, Special Meeting of June 10, 1989, and Workshop and Regular Meeting of June 14, 1989, for approval. Communications: Communication from Martin- Mcintosh Land Surveying-Civil Engineering, 4130 Ardmore Avenue, Suite 101, dated June 21, 1989, on behalf of Mercy Hospital, requesting abandonment and vacation of 57 feet of alley in Block 412A located between 16th Street and Truxtun Avenue. (RECEIVE AND REFER TO PLANNING COMMISSION) Bakersfield, California, July 12, 1989 Page 2 Communication from Mike Ladd, 2430 18th Street, received July 3, 1989, objecting to the 2010 Plan's designation of 21st Street and 18th Street as collector streets. (RECEIVE AND REFER TO PLANNING COMMISSION) Dedication of Properties: Corporation Grant Deed from Oceanic Communities, Inc., for a drainage basin located east of Old River Road and south of Stockdale Highway. (Deed No. 3127) Street or Highway Easement from Southern Pacific Transportation Company for right-of-way located at Ashe Road and the Buttonwillow Branch south of White Lane. (Deed No. 3128) Notices of Completion and Acceptance of Work for the following: Intersection reconstruction at Chester Avenue and I 9th Street, Contract No. 89-101, completed June 26, 1989. Beale Avenue railing repair, Contract No. 89-96, completed June 21, 1989. Construction of sewer system in Assessment District No. 87-3 (Garnsey, Akers, Wible, and Mesa Grande), Contract No. 88-134, completed July 3, 1989. Tract No. 4196 located at or near Panorama Drive and Fairfax Road, Contract No. 82-103, completed March 3, 1989. Tract No. 4197 located at or near Panorama Drive and Fairfax Road, Contract No. 82-104, completed March 3, 1989. Deleted. Independent Contractor's Agreement No. 89-165 with Wilson & Associates for apportionment of assessments in Assessment District No. 86-2 (Laborde). h. Rancho Laborde Development Agreement annual review. Bakersfield, California, July 12, 1989 - Page 3 Upon a motion by Councilmember Salvaggio, Items a, b, c, d, e, g, and h of the Consent Calendar were adopted, with the deletion of Item f, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, DeMond, Ratty, McDermott, Salvaggio None None None Peterson, PUBLIC STATEMENTS Rodney Winston Gregory, 1019 Wilson Avenue, spoke regarding harmonica playing on City streets. Loni Lee Arnold, 5720 East Texas Street, spoke regarding shining shoes. Floyd Bell, 2600 Sel Drive, spoke regarding harmonica playing on City streets. Dan Crisp, 4400 La Farge, provided a written statement to the Council and requested Council pass legislation to prevent5 flag burning as part of free speech. Upon a motion by Councilmember McDermott, the matter of flag burning was referred to the Legislative Committee. HEARINGS This is the time set for protest hearing before the Council for the purpose of hearing any person owning real property within territory designated as Stockdale No. 13, proposed to be annexed to the City of Bakersfield, and the time set for hearing objections from any person owning real property within the Stockdale No. 13 Annexation on the matter of inclusion of all portions of the proposed Stockdale No. 13 Annexation, upon annexation to the City of Bakersfield, into the Greater Bakersfield Separation of Grade District when contiguous thereto. (Ward 4) This hearing has been duly advertised and posted as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 128-89 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. 992, Annexation No. 330, Stockdale No. 13, annexed to the City of Bakersfield and included within the Greater Bakersfield Separation of Grade District when contiguous thereto. Bakersfield, California, July 12, 1989 - Page 4 Upon a motion by Councilmember Ratty, Resolution No. 128-89 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. 992, Annexation No. 330, Stockdale No. 13, annexed to the City of Bakersfield and included within the Greater Bakersfield Separation of Grade District when contiguous thereto was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, DeMond, McDermott, Salvaggio None None None Ratty, Peterson, REPORTS Councilmember Peterson, Chairperson of the Auditorium and Community Services Committee, read Report No. 10-89 regarding Bakersfield Art Foundation Lease Agreement as follows: The City Council referred the issue of the renewal of the lease for the Cunningham Art Gallery between the City of Bakersfield and the Bakersfield Art Foundation to this Committee for review. The Cunningham Art Gallery building is owned by the City and has been leased for the last two years to the Bakersfield Art Foundation, which operates the art gallery. The existing lease provides for an option to continue the lease for an additional two-year term. It also includes provisions for the assumption of the costs for utilities and janitorial services by the Foundation. Due to the inability of the Foundation to assume all of these costs at this time, due to their limited resources, they requested that they be allowed to phase-in these costs over several years. They are requesting that the City continue to pay for utilities for the next two years. After that period, the Foundation will assume all utility costs. There were also several other minor changes to the lease agreement which were mutually agreed upon. The Committee has reviewed these changes with representatives of the Bakersfield Art Foundation and staff. The City Attorney has also recommended that the Museum Ordinance be changed to be consistent with the lease agreement with the Art Foundation and their operation of the Gallery. Therefore, the Committee recommends that the Council authorize the Mayor to execute the Agreement and that the proposed Ordinance be given first reading at the July 19, 1989, Council meeting. Upon a motion by Councilmember Peterson, Auditorium and Community Services Committee Report No. 10-89 was accepted. Approval of Lease Agreement No. 89-166 with the Bakersfield Art Foundation, Inc., for management of the Cunningham Art Gallery. Bakersfield, California, July 12, 1989 - Page 5 Upon a motion by Councilmember Peterson, the recommendations of Auditorium and Community Services Committee Report No. 10-89 were implemented, Agreement No. 89-166 was approved, and the Mayor was authorized to execute the Agreement. Councilmember Ratty, Chairperson of the Budget Finance Committee, read Report No. 35-89 regarding Ambulance Rate Review as follows: On May 17, 1989, the Council referred correspondence from both Golden Empire Ambulance and Hall Ambulance Service regarding the issue of ambulance rates to the Budget and Finance Committee for review. On June 17, 1987, the Council adopted ambulance rates which were to remain in effect for a period of three years, except for the occurrence of "extraordinary circumstances." Both ambulance providers indicated that they have experienced "extraordinary circumstances" due to the change to a district system of dispatching ambulances, as well as other cost increases. The Committee has reviewed the issue of district boundaries and the proposed rate increase with representatives of both companies and staff. The Committee has taken into consideration the City's priority of providing cost effective ambulance services with the best possible response times for the citizens of Bakersfield, while recognizing the costs associated with providing ambulance services within the City of Bakersfield. Based upon this review, the Committee recommends that the ambulance district boundaries be reviewed by the ambulance companies within the next ninety (90) days, or sooner, and with the concurrence of the Fire Chief, make a recommendation to the Committee designating the ambulance district boundaries for the City. If the ambulance companies do not make a recommendation within this period, the Fire Chief will make a recommendation to the Committee designating ambulance district boundaries. We further recommend that any additional review or increase in the rates be deferred until that time. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 35-89 was accepted. Councilmember Ratty requested Mayor Medders give a three-minute time limit for each of the ambulance companies to speak. Gene Tacket, Hall Ambulance, spoke opposing Budget and Finance Report No. 35-89 stating 90 days is not enough time. Pete Stern, Golden Empire Ambulance, handed out copies of a letter and spoke in support of Budget and Finance Report No. 35-89. Bakersfield, California, July 12, 1989 - Page 6 Upon a motion by Councilmember Ratty, these comments were referred to Fire Chief Needham to make a recommendation to Council on boundaries and fees at the next meeting. Councilmember Salvaggio, Chairperson of the Water Resources Committee, read Report No. 3-89 regarding LAFCO referral concerning the formation of Rancho Verdugo County Water District as follows: On June 28, 1989, the City Council referred to the Water Resources Committee a request for response to the Local Agency Formation Commission concerning the proposed formation of Rancho Verdugo County Water District. The existing Rancho Verdugo Mutual Water Co. is a water company serving domestic water to 150 residential customers in an area approximately 3/4 mile west of Calloway Road, just south of Hageman Road in the unincorporated area of Rosedale. After review of the proposal, the Committee feels this jurisdictional change in the Rancho Verdugo Water Company would result in further proliferation of special districts within the City's Sphere of Influence. The City could provide water service or the Rancho Verdugo Company could join with an existing established water company which surrounds them. The simple creation of another small county water district would not solve the long term water supply and water quality problems of this immediate area. Therefore, the Committee recommends that Council not support the proposed formation of the Rancho Verdugo County Water District and direct City Manager to so inform LAFCO. Upon a motion by Councilmember Salvaggio, Water Resources Committee Report No. 3-89 was accepted. Upon a motion by Councilmember Salvaggio, the recommendations of Water Resources Committee Report No. 3-89 were implemented. ACTION ON BIDS 40 Police Vehicles (Black and White) for the Police Car Take Home Program (additional). Upon a motion by Councilmember McDermott, the bid Sopp Chevrolet in the amount of $585,027.20 was accepted. Modification of effluent pump station at Wastewater Treatment Plant #3. from Upon a motion by Councilmember DeMond, all bids were rejected and the project was authorized to be readvertised. Bakersfield, California, July 12, 1989 - Page 7 DEFERRED BUSINESS Adoption of Ordinance No. 3237 of the Council of the City of Bakersfield amending Section 10.52.010 of the Bakersfield Municipal Code relating to use of bicycles, skateboards and similar vehicles in the Central Traffic District. This Ordinance was given first reading at the meeting of June 28, 1989, with Urban Development Committee Report No. 12-89. Upon a motion by Councilmember Peterson, Ordinance No. 3237 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, DeMond, McDermott, Salvaggio None None None Ratty, Peterson, Adoption of Ordinance No. 3238 of the Council of the City of Bakersfield amending Section 16.08.020, Subsections D. and F. of Section 16.12.030, Subsection B. of Section 16.20.060, Subsection ~.3. of Section 16.32.100, and adding Subsection D. to Section 16.20.060 of the Bakersfield Municipal Code relating to Parcel and Tract Maps. This Ordinance was given first reading at the of June 28, 1989, with Urban Development Committee No. 13-89. meetir~g Report Upon a motion by Councilmember McDermott, No. 3238 of the Council of the City of Bakersfield was the following roll call vote: Ordinance adopted by Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Anthony, DeMond, Ratty, McDermott, Salvaggio Peterson, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.04 of the Bakersfield Municipal Code relating to the Uniform Buildings and Construction Code. A public hearing has been set for July 19, 1989, and this Ordinance has been referred to the Urban Development Committee. Chapter 15.04 of the Municipal Code is based on the 1985 Uniform Buildings and Construction Code. The 1988 Edition of the Uniform Buildings and Construction Code has been published to update the previous edition, and an ordinance has been prepared for its adoption. Bakersfield, California, July 12, 1989 Page 8 First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.12 of the Bakersfield Municipal Code relating to the Uniform Building Code. A public hearing has been set for July 19, 1989, and this Ordinance has been referred to the Urban Development Committee. Chapter 15.12 of the Municipal Code is based on the 1985 Uniform Building Code. The 1988 Edition of the Uniform Building Code has been published to update the previous edition, and an ordinance has been prepared for its adoption. First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.16 of the Bakersfield Municipal Code relating to the Uniform Mechanical Code. A public hearing has been set for July 19, 1989, and this Ordinance has been referred to the Urban Development Committee. Chapter 15.16 of the Municipal Code is based on the 1985 Uniform Mechanical Code. The 1988 Edition of the Uniform Mechanical Code has been published to update the previous edition, and an ordinance has been prepared for its adoption. First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.20 of the Bakersfield Municipal Code relating to the Uniform Housing Code. A public hearing has been set for July 19, 1989, and this Ordinance has been referred to the Urban Development Committee. Chapter 15.20 of the Municipal Code is based on the 1985 Uniform Buildings and Construction Code. The 1988 Edition of the Uniform Buildings and Construction Code has been published to update the previous edition, and an ordinance has been prepared for its adoption. First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.24 of the Bakersfield Municipal Code relating to the Uniform Abatement of Dangerous Buildings Code. A public hearing has been set for July 19, 1989, and this Ordinance has been referred to the Urban Development. Committee. Chapter 15.24 of the Municipal Code is based on the 1985 Uniform Building Code. The 1988 Edition of the Uniform Building Code has been published to update the previous edition, and an ordinance has been prepared for its adoption. First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.28 of the Bakersfield Municipal Code relating to the Uniform Plumbing Code. A public hearing has been set for July 19, 1989, and. this Ordinance has been referred to the Urban Development Committee. Bakersfield, California, July 12, 1989 - Page 9 Chapter 15.28 of the Municipal Code is based on the 1985 Uniform Buildings and Construction Code. The 1988 Edition of the Uniform Buildings and Construction Code has been published to update the previous edition, and an ordinance has been prepared for its adoption. First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.32 of the Bakersfield Municipal Code relating to the National Electrical Code. A public hearing has been set for July 19, 1989, an~ this Ordinance has been referred to the Urban Development Committee. Chapter 15.32 of the Municipal Code is based on the 1985 Uniform Building Code. The 1987 Edition of the Unifor~ Building Code has been published to update the previous edition, and an ordinance has been prepared for its adoption. First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.36 of the Bakersfield Municipal Code relating to the Uniform Sign Code. A public hearing has been set for July 19, 1989, and this Ordinance has been referred to the Urban Development Committee. Chapter 15.36 of the Municipal Code is based on the 1985 Uniform Sign Code. The 1988 Edition of the Uniform Sign Code has been published to update the previous edition and an ordinance has been prepared for its adoption. Adoption of Resolution No. 129-89 of the Council of the City of Bakersfield specifying that, unless excluded by Council, all portions of the proposed Ashe No. 1 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District when contiguous thereto, and setting hearing for objections thereto (Ward 6). This Resolution sets the date of protest hearing for August 30, 1989. Upon a motion by Councilmember McDermott, Resolution No. 129-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Bakersfield, California, July 12, 1989 - Page 10 Adoption of Resolution No. 130-89 of the Council of the City of Bakersfield specifying that, unless excluded by Council, all portions of the proposed Allen No. 1 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District when contiguous thereto, and setting hearing for objections thereto (Ward 4). This Resolution sets the date of protest hearing fo~ August 30, 1989. Upon a motion by Councilmember Ratty, No. 130-89 of the Council of the City of Bakersfield by the following roll call vote: Resolution was adopted Ayes: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson~ McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 131-89 of the Council of the City of Bakersfield specifying that, unless excluded by Council, all portions of the proposed Stine No. 5 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District when contiguous thereto, and setting hearing for objections thereto (Ward 6). This Resolution sets the date of protest hearing for August 30, 1989. Upon a motion by Councilmember McDermott, Resolution No. 131-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, DeMond, McDermott, Salvaggio None None None Ratty, Peterson, Adoption of Resolution No. 132-89 of the Council of the City of Bakersfield providing for the collection of sewer charges by the County Tax Collector. Upon a motion by Councilmember Salvaggio, NO. 132-89 of the Council of the City of Bakersfield by the following roll call vote: Resolution was adopted Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, DeMond, Ratty, McDermott, Salvaggio None None None Peterson, Bakersfield, California, July 12, 1989 - Page 11 Adoption of Resolution No. 133-89 of the Council of the City of Bakersfield setting date for hearing to consider the adoption of a Resolution of Necessity to acquire certain property by eminent domain for Municipal Airport purposes (410 East Planz Road). 1989. This Resolution sets the date of hearing for August 9, Upon a motion by Councilmember Salvaggio, Resolution No. 133-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Adoption of Resolution No. 134-89 of the Council of the City of Bakersfield adopting a Negative Declaration for the Stockdale Highway Water Main located along the south side of the new Stockdale Highway Bridge. Upon a motion by Councilmember Ratty, Resolution No. 134-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Anthony, DeMond, Ratty, McDermott, Salvaggio Peterson, Approval of Agreement No. 89-167 with William Canessa, P.E., Consulting Civil Engineer, for engineering services for the recycling of City streets (Fiscal Year 1989-90). Upon No. 89-167 was the Agreement. a motion by Councilmember Smith, Agreement approved, and the Mayor was authorized to execute Two (2) appointments to the Citizens' Parks and Recreation Committee. This matter has been continued from the meetings of May 31, June 14, and June 28, 1989. 1989. This matter was continued to the meeting of July 19, One vacancy on the Historic Preservation Commission due to the resignation of Kevin Rupp, term expiring March 30, 1992. Upon a motion by Councilmember Ratty, Pete Leveroni was appointed to the Historic Preservation Commission, term expiring March 30, 1992. COUNCIL STATEMENTS Upon a motion by Councilmember DeMond, ordinance regarding unreinforced masonry buildings to the Urban Development Committee. a possible was referred Bakersfield, California, July 12, 1989 - Page 12 Upon a motion by Councilmember DeMond, the issue of recycling bins for paper was referred to the Intergovernmental Relations Committee for review. Councilmember DeMond thanked volunteers who worked at the Homeless Shelter last weekend putting in the sewer line. She stated there would be another volunteer workday Sunday, July 16, 1989, starting at 6:00 a.m., and passed out information regarding this workday. Mayor Medders introduced a Boy Scout Troop. Councilmember McDermott urged Council participation in the workday for the Homeless Shelter on July 16, 1989. ADJOURNMENT There being no further business to come Council, upon a motion by Councilmember Smith, the adjourned at 7:50 p.m. before the meeting was MAYOR of the City of Bakersfield, CA- ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA kdsc