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HomeMy WebLinkAbout05/11/1988 MINUTES CCBakersfield, California, May 11, 1988 Minutes of the Regular Meeting ot the Council ot the City of Bakersfield, California, held in the Council Chambers ot City Hall at 7:00 p.m., May 11, 1988. The meeting was called by the Pledge ot Allegiance and Williams, Member ot the Board of Church. to order by Mayor Payne followed Invocation by Mr. Richard Deacons, First Assembly of God City Clerk Williams called the roll as follows: Present: Absent: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvagglo None Peterson, PRESENTATION Pauline Larwood, Kern County Board ot Supervisors, spoke regarding Ballot Measures A & C (Amendment to Kern County General Plan - Solid Waste Disposal Facility Sztes). Supervisor Larwood stated that the China Grade Land£111 Facility will be tilled in approximately 18 months. Based on surveys and studies done by the County, the Board ot Supervisors has decided to support the site referred to as the Bena Site for the new solid waste facility. She also stated that this site has a 65 year life, it is readily accessible and cost effective. Supervisor Larwood requested that the City join the County, the Building Industry Association, Citizens for Effective Local Government, the Greater Bakersfield Chamber ot Commerce, Kern Tax, and S.E.I.U., by taking a position to endorse "No" on Measure A and "Yes" on Measure C". Upon a motion by Councilmember Childs, Ron Ruettgers was recognized to speak. Ron Ruettgers, representative ot Citizens for Economic Landfills, requested the Council delay any action on Waste Disposal sites to the Council meeting ot May 25. Councilmember Ratty made a motion to hear both szdes ot this issue at this meeting. Mayor Payne restated the motion to allow those with an opposing view to address the Council. The motion was approved. Ron Ruettgers stated that the Committee for Economical Landfill firmly believes that there is a need for a landfill disposal site for the Bakersfield area, but does not agree with the County's decision for the Bena Site. He stated that the transportation costs are 90 percent o~ the total cost to the tax- payers. The Bena Site is 4.6 million dollars more expensive on an annual Dasls for all transportation costs than other sites studied. He requested that the Council give further considera- tion and allow the Committee to give the Council information for proper consideration of this matter. Upon a motion by Councilme~nber Childs, Council suspended with the regular procedures for Public Statements relative to the matter being addressed at this time. Bakersfield, California, May 11, 1988 - Page 2 Upon a motion by Councilmember Childs, Mr. Bovee was recognized to speak. Mr. Bob Bovee, member of the County Solid Waste Advisory Committee and representative ot the Bakersfield Private Enterprise Haulers, stated that the private haulers were con- cerned with the length of time it takes to get to the proposed disposal site. Councilmember McDermott made a motion to consider this as an item that needs Council action at this meeting. Councilmember McDermott made a motion to adopt a Resolution of the Council o~ the City of Bakersfield supporting "No" on Measure A, and "Yes" on Measure C to permit the develop- ment of a Bakersfield Area Garbage Dump. City Attorney Saalfield restated Councilmember McDermott's first motion, "that the necessity to take action on the resolution before the Council has arisen since the time the agenda was posted". Councilmember McDermott's motion to consider this as an item that needs Council action at this meeting was approved. Adoption of Resolution No. 66-88 ot the Council of the City of Bakersfield supporting "No" on Measure A and "Yes" on Measure C to permit the development of a Bakers£ield area garbage dump. Upon a motion by Councilmember McDermott, Resolution No. 66-88 ot the Council ot the City of Bakersfield was approved by the tollowing vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson, PUBLIC STATEMENTS Jane Warren, Prevention Coordinator of Kern Regional Center, 501 40th Street, spoke regarding posting of "drinking alcoholic beverages during pregnancy" warning signs. Ms. Warren stated that fetal alcohol syndrome is the third leading cause ot mental retardation and it is 100% preventable. She urged the Council to adopt the ordinance requiring the posting of warning signs. Michael Clark, Director of Kern Regional Center, 7809 Avenida Derecho, thanked the Council for considering the adoption of an ordinance requiring the posting of alcohol warning signs, and feels this is a very positive step for the Council to take. Upon a motion by Councilmember Peterson, Deterred Business Item 11. b. was moved forward to Public Statements. Bakersfield, California, May 11, 1988 Page 3 Adoption of Ordinance No. 3158 ot the Council of the City of Bakersfield adding Chapter 5.62 to Title Five of the Bakersfield Municipal Code relating to Alcoholic Beverage Warning Signs. This Ordinance was given first reading at the meeting of April 27, 1988. Upon a motion 3158 ot the Council of the following vote: by Councilmember Peterson, Ordinance No. the City ot Bakersfield was approved by Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvagglo Noes: None Absent: None Peterson Councilmember Childs clarified his vote stating that he supports the ordinance, but feels the business owners, taxpayers, should have been given the opportunity to respond and show their cooperation. Agnes Frank Truman, 1100 Union Avenue, spoke against homosexuality. Mayor Payne read a Proclamation proclaiming the week ot May 15-21, 1988 as National Public Works Week. Mayor Payne pre- sented the Proclamation to the City Manager, Dale Hawley. REPORTS Upon the request ot Councilmember Demond, Legislative Committee Report No. 3-88 regarding Amendment to Joint Powers Agreement Establishing Kern County Council ot Governments was deferred to the meeting of May 18, 1988. CouncilmemOer McDermott read Budget and Finance Committee Report No. 25-88 regarding City Manager's Contract as follows: The City Council referred the matter ot negotiating a contract with Dale Hawley to the Budget and Finance Committee. We have met with Mr. Hawley and his representative to discuss the terms of this agreement. The agreement represents the results ot these negotiations. Therefore, it 1s recommended Council approve the contract the Mayor to execute. that the City and authorize Upon a motion by Counczfmember McDermott, Budget and Finance Committee Report NO. 25-88 was accepted. Approval of Agreement NO. 88-119 with J. Dale Hawley to perform duties and functions as City Manager. Bakersfield, California, May 11, 1988 - Page 4 Upon a motion by Councilmember McDermott, recommenda- tions ot Budget and Finance Committee Report No. 25-88 were implemented, and Agreement No. 88-119 was approved. Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 26-88 regarding Request to Accept Three Separation ot Grade Projects into the City's Street System as follows: The City Council received a request from the Greater BaKersfield Separation of Grade District to accept three separation ot grade projects constructed between 1959 and 1961, namely, the Truxtun Overcrossing of Union Avenue, the Beale Overcrossing of the Southern Pacific, and the Chester Underpass beneath the main line ot the Atchison, Topeka & Santa Fe Railroad. The District further requested the termination o~ Agreement No. 60-60, entitled "Agreement Regarding Maintenance of Truxtun and Beale Overcrossings." These items were re~erred to the Budget and F~nance Committee to review. We have met with representatives ~rom the Separation of Grade District and with Public Works Department staff to discuss this request. It was pointed out that it is in the City's interest to accept these structures so the limited tunds available to the Separation of Grade Distrzct can be used to develop additional grade separations rather than fund ongoing maintenance. It was noted that the City currently maintains several other separation of grade projects which were developed and constructed Oy the DistrJ. ct, namely, Chester Avenue at the Southern Pacific, and Union Avenue at the Southern Pacific. Therefore, the Committee recommends the Council terminate Agreement No. 60-60 and accept and authorize the Mayor to execute the agreement transferring the three separatlon ot grade projects to the City. Upon a motion by Councilmember Ratty, Budget and Committee Report No. 26-88 was accepted. Finance Approval of Agreement No. 88-120 with Greater Bakersfield Separation ot Grade Dzstr~ct, transferring Separation of Grade Projects. Upon a motion by Councilmember Ratty, recommendations of Budget and Finance Committee Report No. 26-88 were implemented, and Agreement No. 88-120 was approved. Bakersfield, California, May 11, 1988 - Page 5 CONSENT CALENDAR The following items were listed on the Consent Calendar: Approval ot Warrant Nos. 7732 to 8133 inclusive, in the amount ot $1,931,456.85. Communication from Bakersfield Community Hospital, 901 Olive Drive, dated April 29, 1988, requesting formation of an assessment district £or a Mello-Roos bond program for a hospital complex located at the southwest corner ot Brimhall and Coggee Road. (RECEIVED AND REFERRED TO PUBLIC WORKS DEPARTMENT) Communication from Bakersfield Society for the Prevention ot Cruelty to Animals, 6851 Edison Highway, dated May 4, 1988, submitting the proposed budget for Fiscal Year July 1, 1988 - June 30, 1989 and s~bmltting a budget request to amend the current fiscal year budget. (RECEIVED AND REFERRED TO BUDGET AND FINANCE COMMITTEE) Communication to Councilmember Smith from Watson Company, 2114 F Street, dated April 21, 1988, o~erlng to sell property located north ot Panorama Drive between Fairfax Road and Morning Dr~ve to be used as a pare szte. (RECEIVED AND REFERRED TO URBAN DEVELOPMENT COMMITTEE) Claim for Damages and Personal Injuries from the fiollow~ng: Carolyn Newman, 2805 Oswell Street; Jetgrey W. Johns, 270? Driller Avenue; and Bernece L. Morgan, Route 4, Box 590, California Hot Springs. (REFER TO CITY ATTORNEY) f. Dedzcatlon ot Propeut~es: Irrevocable Ot~er of Street Dedication from Kern College Land Company for a portion oK Buena Vista Road between White Lane and Pacbeco Road. Street R~ght-o~-Way Deed for portions of Hageman Road, Calloway Drive, Abbott Drive, Meacham Road, and three Grant Deeds for two well sites and a drainage basin from Clifford E. Bressler. Right-of-Way Easement to Pacific Gas & Electric Company for power lines which will serve a C~ty water extractzon deepwell w~th~n the City's 2800 Acre Groundwater Recharge Facility. Bakersfield, California, May 11, 1988 - Page 6 Maps and Improvement Agreements Final Maps and Improvement Agreement Nos. 88-121 and 88-122 ~or Tract 5033, Phase 1, for 11 lots on 3.80 acres and Improvement Agreement Nos. 88-123 and 88-124 ~or Tract 5034, Phase 1, for 47 lots on 11.42 acres located east ot Calloway Drive and south ot Hageman Road. (DENNIS W. DEWALT, INC.) Notice o~ Completion and Acceptance o~ Work ~or Tract No. 4708, located at or near Stockdale Highway and Renfro Road, Contract No. 87-51, was completed on April 27, 1988. Approval o~ plans and speciticatlons ~or the ~ollowing: Construction of the Administration Building at Wastewater Treatment Plant No. 3. Trattlc signal system on Gostord Road at Whlte Lane. 3 o Traktic signal system on Brundage Lane at Mt. Vernon Avenue. 4. Construction ot the "H" Street Underpass at A.T.& S.F. Railroad. Agreement No. 88-125 with William Canessa for field inspection services for the pavement recycling and resurfaclng o~ White Lane, Ming Avenue, Ashe Road and Brundage Lane. Contract Change Order No. 1, Relocatlon of De Rancho Y Mobllehome Park Facilities adjacent to WiDle Road, Contract No. 88-71. Downtown Improvement District (DID) Budget tot Fiscal Year 1988-89.(REFERRED TO BUDGET AND FINANCE COMMITTEE) The 1988-89 Application tor Community Development Block Grant (CDBG) Funds tor the C~ty o~ Bakersfield. (/~EFERRED TO BUDGET AND FINANCE COMMITTEE) Agreement No. 88-126, Amendment to Agreement No. 88-43 w~th the County o~ Kern to Increase Funds Available to $83,000 under the Stewart B. McKlnney Emergency Shelter Grant tor the Homeless Facility. Accept the bid ~rom KCK Enterprises Inc., the amount o£ $6,095.00 tot a tandem axle equipment trailer tot Parks Division. Bakersfield, California, May 11, 1988 Page 7 qo Accept the bid trom Jack C. Arbuckle Co., in the amount o~ $4,870.70 £or electronic testing equipment for traffic signal controllers and wiring. Upon a motion Councilmember Ratty, Items a, b, c, d, f, g, h, 1, j, k, 1, m, n, o, p, and q ot the Consent Calendar were approved by the tollowing vote: Ayes: Councilmember Childs, DeMond, Smlth, McDermott, Salvagglo Noes: None Absent: None Ratty, Peterson, ACTION ON BIDS Upon a motion by Councilmember Demond, low bld in the amount ot $26,291.47 trom Jim Burke Ford ~or a tlat bed truck equipped with wrench and lifting device was accepted, the other bid rejected. DEFERRED BUSINESS Approval o~ Ordinance No. 3159 o~ the Council ot the City o£ Bakersfield amending Title Seveuteen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the C~ty o~ Bakerstleld located on the east side of Edmonton Street approximately 150 ~eet south of Wilson Road £rom an R-1 (One Family Dwelling) Zone to an R-1-P (One Family Dwelling-Parking Overlay) Zone. This Ordinance was given tirst reading at the meetlng of April 27, 1988. Upon a motion by CounciLmember McDermott, Ordinance No. 3159 o£ the Council ot the City o£ Bakersfield was approved by the tollowing vote: Ayes: Noes: Absent: Councilmember Childs, DeMond, Smith, McDermott, Salvagglo None None Ratty, Peterson, Bakersfield, California, May 11, 1988 - Page 8 NEW BUSINESS First Reading of an Ordinance of the Council of the City o~ Bakersfield amending Title Seventeen o~ the Bakersfield Municipal Code by changing the Land Use Zoning o£ those certain properties in the City of Bakersfield located on the north side of Brimball Road approximately 350 teet east ot Calloway Road, trom an M-2 (General Manutacturlng) Zone to an R-1 (One Family Dwelling) Zone, and to a C-2 (Commercial) Zone; and from a C-2 (Commercial) Zone, to an R-2 (Limited Multiple Family Dwelling) Zone. This site is located in an undeveloped area ot the City north o~ the Kern River and is a portion of the Mcintosh General Plan. First Reading o£ an Ordinance of the Council o£ the City of Bakersfield amending Section 5.50.080 A. o£ the Bakersfield Municipal Code relating to insurance requirements for taxicab operators. This ordinance allows the City to set liability limits, vis-a-vis taxicab operators, as the City deems desirable rather than the minimum set by State law. Approval ot Resolution of Intention No. 1044 ot the Council ot the City of Bakersfield declaring its intention to order the vacation of 9th Street between "H" and Eye Streets and a portion of the alley in Block 48 in the City o~ Bakers£ield. This Resolution sets the hearing date tor June 8, 1988. Upon a motion by Councilmember Childs, Resolution ot Intention No. 1044 o~ the Council of the City of Bakers£1eld was approved by the ~ollowlng vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio None None Peterson, Requests to authorize staff to negotiate agreement for food and drink concession services at the Bakersfield Municipal Sports Complex. Upon a motion by Councilmember McDermott, proposal from Empire Sports Concession was accepted, and staff authorized to negotiate agreement. Bakersfield, California, May 11, 1988 Page 9 Request for Proposals (RFP) to provide work plan ~or clean up ot hazardous chemicals for the Bakerstleld Airpark. Upon a motion by Councll~nember Salvagglo, the Request for Proposals and distribution to prospective bidders were approved. Councilmember Salvagglo clarified his vote stating that he supported this because he reels this is a very important step in the remedlatlon process at the Bakerstleld Airpark. He urged start to continue to work closely with the Department o~ Health Services, the Regional Water Quality Control Board and Kern County Health Department. Request trom the City of Bakersfield Police Department to appropriate $24,000 trom Seized Property Trust Account to Police Department Badget tot materials and equipment. Upon a motion by Councilmember Peterson, Request trom the City o~ Bakerstield Police Department was approved. *See Below. Three appointments to the Historic Preservation Commission. One (1) position ~s vacant due to expiration o~ term on March 30, 1988. The position was held by Cherylanne Farley. Two (2) positions are currently vacant due to the resignations trom Commissioners Shirley McFadzean (term explres March 30, 1990) and Diane Sandldge (term expires March 30, 1989). Upon a motion was appointed to serve term expiring March 30, by Councilmember McDermott, Louise Juracek on the Historic Preservation Commission, 1991. Councilmember Peterson deEerred his appointment to the Historic Preservation Commission to the Meeting ot May 18, 1988. Mayor Payne deterred hls appointment to the Historic Preservation Commission to the Meeting o~ May 18, 1988. One (1) vacancy on the C~tlzens Auditorium Committee due to the resignation ot Karen Carlson, term explri[ng January 3, 1992. Upon a motion by Councilmember Peterson, Judy Valenzuela was appointed to the Citizens Auditorium Committee, term expiring January 3, 1992. *by the following vote: Ayes: Councilmembers Childs, DeMond, Salvaggio Noes: None Absent: None Smith, Ratty, Peterson, McDermott, Bakersfield, California, May 11, 1988 - Page 10 COUNCIL STATEMENTS Councilmember McDermott made a motion to discuss that arose atter the agenda was prepared. The motion was approved. an item Adoption of Resolution No. 67-88 ot the Council ot the City of Bakersfield declaring May 18, 1988 Air Quallty Improvement Day for employees working along Calitornia Avenue. Upon a motion by Councilmember McDermott, Resolution No. 67-88 ot the Council ot the C~ty ot Bakerstield was adopted by the tollowing vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson, Councilmember Ratty stated that a little white dog was missing in his area and requested that residents in his ward keep a look-out tor this dog. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember McDermott, the meeting was adjourned at 8:40 p.m. MAYOR ot the City ot B~fkers£ield, CA ATTEST: CITY CLERK and Ex Otticio Clerk ot the Council ot the City of Bakerstield, Calitornia bz