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Home My WebLink About06/15/1994 MINUTES CC 47 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 15, 1994 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROU_ CALL ACTION TAKER Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith, Brunni, Rowles, Salvaggio (seated at 5:37) None Mayor announced The Department Budget Presentation for Community Services was continued from the meeting of June 13, 1994 and will be Workshop Item 3. this evening. PREVAILING WAGE AD HOC TASK FORCE. Chairperson Dale Hawley provided an over- view of the findings and advised the City of Bakersfield, being a Charter City, has the ability to exempt itself from the pre- vailing wage requirements as long as it is a purely municipal funded project and not a state-wide concern; and distributed a report. Acting City Attorney Skousen provided addi- tional information and answered questions. 3. DEPARTMENT BUDGET PRESENTATION. community Services Community Services Manager Andersen provided an overview and slide presentation on the proposed Community Services budget and dis- tributed written material. Parks Superintendent Fabbri, Business Mana- ger Lorenzi, and Finance Director Klimko provided additional information and answered questions. Motion by Brunni to continue the Department Budget Presentation at the end of the Regular Council Meeting. WITHDRAWN Bakersfield, California, June 15, 1994 - Page 2 WORKSHOP continued ACTION TAKEN Recreation Superintendent Ledoux and Conven- tion Center Superintendent Cronk provided additional information and answered ques- tions. Motion by DeMond to recess the Workshop and reconvene at the beginning of the Regular Council Meeting to continue the Budget Presentation. FAILED NS BRUNNI SALVAGGIO ABS ROWLES AB MCDERMOTT EDWARDS Motion byDeMond to reconsider the previous motion. APPROVED NS ROWLES Motion by DeMond to recess the Workshop and reconvene at the beginning of the Regular Council Meeting to continue the Budget Presentation. APPROVED NS ROWLES REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCA~ON by Councilmember Salvaggio. 2. P~ ~=nGE OF .~ ~ ~=GIAJ~ICE 3. ROLl. CAU_ ACTION TAKEN Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith, Brunni (seated at 7:25), Rowles, Salvaggio None Motion by DeMond to recess the Regular Council Meeting to continue the Budget Presentation. APPROVED NS ROWLES ABBRUNNI Mayor Price reconvened the Budget Presentation. Bakersfield, California, June 15, 1994 - Page 3 WORKSHOP continued ACTION T~KEN_ Community Services Manager Andersen contin- ued the presentation and introduced Jackie Belloumini, Acting Director, Bakersfield Convention and Visitors Bureau, who provided an overview of projected activities. Motion by McDermott to recess to Closed Session at the end of the Regular Council Meeting. NAT CLOSED SESSION Mayor Price announced Council will adjourn Workshop, recess into Closed Session at the end of the Regular Council Meeting and reconvene the Regular Council Meeting at this time. 5. PRESENTATIONS PUBUC STATEMENTS Shirlyn Davenport, HPC chairperson, spoke regarding Historic Preservation Commission 1993 Annual Report. (Item 8.p.) Rich O'Neil, Kern River Parkway Committee, spoke regarding the Parkway Reservation Picnic Area. Steve Fast, Preacher, spoke regarding a Leadership Bakersfield Team project, Neighborhood Link, and provided booklets. 7. APPOINTMENTS CONSENT CAI;NDAR Motion by McDermott to add Consent Calendar Item 8.v. that arose after the Agenda was~ posted and requires action tonight. APPROVED v. Contribution of $10,000 to The Fox Theater Foundation. Bakersfield, California, June 15, 1994 - Page 4 8. CONSENTCALENDAR continued ACTION TAKEN Voucher Nos. 9771 to 10212 inclusive, in the amount of $1,051,472.26 and Self Insurance Voucher Nos. 2465 to 2557 inclusive, in the amount of $61,680.02. Minutes of the Department Budget Meetings of May 23, 1994 & May 25, 1994; Workshop, Closed Session and Regular Meeting of June 1, 1994; Department Budget Meeting of June 6, 1994; Budget Hearings of June 8, 1994. Notices of Completion and acceptance of work: Contract No. 93-258 with La Quinta Construction, Inc. for reroofing of the upper stagehouse at the Bakersfield Convention Center, completed May 26, 1994. Contract No. 93-247 with St. Clair Development Company for Tract No. 5652, located on the southwest corner of Stine Road and Harris Road, completed June 1, 1994. Contract No. 93-249 with Riverlakes Ranch Ltd. Partnership for Tract No. 5477, Phase 3, located on the northeast corner of Hageman Road and Riverlakes Drive, completed June 1, 1994. Contract No. 92-80 with' Castle & Cooke Development Corporation for Tract No. 5291, landscaping, located on the east side of Grand- lakes Avenue at Chamber Boulevard, completed May 18, 1994. Contract No. 93-211 with Coleman Homes, Inc. for Tract No. 5152, Phase 2, located northeast of Main Plaza Drive and Meacham Road, completed May 27, 1994. 6o Contract No. 93-210 with Coleman Homes, Inc. for Tract No. 5151, Phase 2, located northeast of Main Plaza Drive and Meacham Road, completed May 27, 1994. Bakersfield, California, June 15, 1994 - Page 5 ~ i 8. CONSENT CA~;NDAR continued ~CTION TAKE~ Co 7o Contract No. 93-138 with Ray Franco Properties, Inc. for Tract No. 5418, Phase 1, located on the northwest corner of Calloway Drive and Noriega Road, completed May 25, 1994. Contract No. 94-14 with Kaufman and Broad of Southern California, Inc. for Tract No. 5701, located on the south side of Harris Road, east of Ashe Road, completed June 2, 1994. Plans and Specifications for: Traffic signal and lighting installation at Panama Lane and Stine Road. (Ward 6) Traffic signal and lighting modif- ication at California Avenue and H Street. (Wards 1 & 2) Ordinance amending Chapter 17.51 of the Bakersfield Municipal Code relating to senior citizen zoning. (Staff recommends referral to Planning Commission) REMOVED FOR SEPARATE CONSIDERATION he Declare real property adjacent to 725 East 19th Street as surplus. (Ward 2) Resolution of Intention No. 1119 to order the vacation of King Street between East 19th Street and East Truxtun Avenue. (Ward 2) Resolution authorizing collection of assessments for Assessment District Nos. 93-1A (Northeast Sewer Line) and 93-1B (Northeast Gas Line) by the Kern County Tax Collector. Resolution authorizing collection of assessment for Assessment District No. 93-2 (Stine/Harris) by the Kern County Tax Collector. (Ward 6) REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, June 15, 1994 - Page 6 8. CONSENT CA~FNDAR continued ACTION TAKEN Resolution authorizing submittal of an application for a loan from the State of California Department of Water Resources. Tract Maps and Improvement Agreements: Castle & Cooke Homes Inc. for Tract No. 5489, Phase B, located east of Allen Road and north of Brimhall Road. (Ward 4) Coral Keys for Tract 5723, located north of Harris Road and east of Ashe Road. (Ward 6) Cooperative Agreement with State of California Department of Transportation for installation of irrigation cross- overs to the medians on State Routes 58 and 178. Accept bid to award Contract to Crafton Electric Company, Inc. ($61,838.70) for traffic signal on Monterey Street at Haley Street. (Ward 2) Accept bid to award Contract to Granite Construction Company ($33,633) for construction of Equestrian Trail along Kern River under the Kern River Bridge at State Route 178; and appropriate $45,000 State's share of project cost to the Public Works Capital Improvement Budget within the Gas Tax fund. (Ward 5) Accept bid to award Contract to Spiess Construction Company ($4,741,920) for the construction of the Northeast Bakersfield Trunk Sewer, Assessment District No. 93-1. (Ward 3) Accept bids to award Annual Contracts to Badger Meter, Inc. (4 items, $54,655.67); Kent Meters, Inc. (6 items, $26,276.25); and P.E. O'Hair & Company (2 items, $23,865.83) for water meters. (Total: $104,797.75) Accept bid from McCain Traffic Supply ($23,869.56) for traffic signal equip- ment. RES 82-94 AGR 94-98 AGR 94-99 AGR 94-100 AGR 94-101 AGR 94-102 CON 94-103 CON 94-104 REMOVED FOR SEPARATE CONSIDERATION CON 94-105 CON 94-106 CON 94-107 Bakersfield, California, June 15, 1994 - Page 7 8. CONSENT CAI F:NDAR continued ACTION TAKEN_ Accept bid from Halprin Supply Co. ($27,459.75) for turnout coats and pants. Reject bids for vibratory compactor roller, 12-ton compactor, and motor grader. Authorize the Finance Director to write off as uncollectible accounts receivable in various funds totaling $138,732.45. Historic Preservation Commission 1993 Annual Report. Contribution of $10,000 to The Fox Theater Foundation. REMOVED FOR SEPARATE CONSIDERATIO~ Motion by Brunni to adopt Items (a) through (v) of the Consent Calendar, with the exception of Items e., h., i., o. and v. APPROVED Ordinance amending Chapter 17.51 of the Bakersfield Municipal Code relating to senior citizen zoning. (Staff recommends referral to Planning Commission) Motion by Rowles to adopt Item e. of Consent Calendar. Rowles requested the Planning Commission or staff organize a public informal meeting prior to the full Planning Commission hearing, include him in the informal meeting and provide him with any follow-up correspondence. APPROVED Resolution authorizing collection of assessments for Assessment District Nos. 93-1A (Northeast Sewer Line) and 93-1B (Northeast Gas Line) by the Kern County Tax Collector. Smith abstained due to property owner- ship in the sewer district. RES 83-94 Bakersfield, California, June 15, 1994 - Page 8 8. CONSENT C.~' ;=NDAR continued ACTION TAKEN Motion by McDermott to adopt Item h. of the Consent Calendar. APPROVED ABS SMITH Resolution authorizing collection of assessment for Assessment District No. 93-2 (Stine/Harris) by the Kern County Tax Collector. (Ward 6) Rowles announced his absence due to a previous business relationship. Motion by McDermott to adopt Item i. of the Consent Calendar. RES 84-94 APPROVED ABS ROWLES Accept bid to award Contract to Spiess Construction Company ($4,741,920) for the construction of the Northeast Bakersfield Trunk Sewer, Assessment District No. 93-1. (Ward 3) Smith abstained due to property owner- ship in the assessment district. Motion by McDermott to adopt Item o. of the Consent Calendar. CON 94-108 APPROVED ABS SMITH Contribution of $10,000 to The Fox Theater Foundation. McDermott recognized Jeff Johnson, Treasurer, Fox Theater Foundation, to provide an update on the status. Motion by McDermott to authorize pay- ment of $10,000 contingent upon the Foundation raising the remaining $90.000 in donations. APPROVED NS EDWARDS ROWLES Bakersfield, HEARINGS California, ~June 15, 1994 - Page 9 ACTION Appeal by Joe Fambrough and Cecil Tackett of Planning Commission decision approving Zone Change No. 5502: Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 123-25 and 123-26 by changing the zoning of 26.27 acres from Neighborhood Commercial to One Family Dwelling on 23.77 acres and One Family Dwelling- Church on 2.5 acres, located east and west of #ible Road, north of Berkshire Road and south of the Arvin-Edison Canal.~ (Wards 6 & 7) Planning Director Hardisty provided background information. Correspondence was received from Joe Fambrough and Cecil Tackett, dated June 15, 1994, requesting a continuance of the appeal hearing. A memorandum was received from Planning Director Hardisty, dated June 15, 1994, in response to the request for continu- ance. Hearing opened. The following individuals spoke in opposition to staff recommendation: George Robertson', representing Joe Fambrough; and Cecil Tackett. The following individuals spoke in support of staff recommendation: Mike Callagy, Cornerstone Engineer- ing, representing Mr. Hardy and Mr. Gargano; and Roy Gargano. George Robertson, representing Joe Fambrough, spoke in rebuttal (opposition). Mike Callagy, Cornerstone Engineer- ing, representing Mr. Hardy and Mr. Gargano, spoke in rebuttal (support). Mayor Price announced the completion of public testimony. FR Bakersfield, California, June 15, 1994 - Page 10 9. HEARINGS continued ACTION TAKEN Motion by McDermott to continue the hearing to June 29, 1994 and give First Reading to Ordinance. NAT Salvaggio recognized George Robertson, and Cecil Tackett and Mike Callagy to speak. Brunni requested a response be brought back to Council on whether the prior hearings of 12/17/92, 1/7/93, 5/12/93 and 5/26/93 on these properties had objections from Mr. Tackett or Mr. F~mhrough. Amended motion by Edwards to continue the public hearing to the meeting of July 13, 1994 and give First Reading to Ordinance. FAILED NS MCDERMOTT SMITH BRUNNI ROWLES Brunni recognized Skip Hardy and Mike Callagy to speak. Motion by DeMond to call for the ques- tion. APPROVED NS SALVAGGIO Motion by McDermott to continue the hearing to the meeting of June 29, 1994 and give First Reading to Ordinance. APPROVED NS E~WARDS SALVAGGIO Rowles referred to City Attorney a report back to Council regarding the slanderous comments and possible City liability. Bakersfield, California, June 15, 1994 - Page 11 HEARINGS continued Mayor Price announced a reces~ at 9:08 p.m. and reconvened the meeting at 9:25 p.m. ACTION TAKEN Rearing to consider a request by Martin- Mcintosh to allow replacement of the existing corner entries in the Silver Creek Development and allow the requested design to be used for future subdivision entries within Silver Creek. (monuments) (Ward 4) Planning Director Hardisty provided back- ground information. Communication was received from Michael & Mary Valenzuela, dated June 2, 1994, in opposition to the improvements. Hearing opened. Roger Mcintosh, Martin-Mcintosh Engineer- ing, representing Castle & Cooke Homes, spoke in support of the proposed design changes to the Silver Creek entryway monument. Hearing closed. Brunni recognized Roger Mcintosh to speak. Motion by Brunni to approve the propo- sal and installation as submitted by Castle & Cooke, with no additional cost to the City or existing Silver Creek residents and all future entries or walls would be done in the same manner, in accordance with City standards. RES 85-94 APPROVED AB MCDERMO~7 10. city Manager Oral Report N0. 9-94 regarding Status of Pilot Curbslde Green Waste Program, Results of Public Survey and Entomology Study. Sanitation Superintendent Sides and Recycling Supervisor Garrison provided a status report. 10. Bakersfield, REPORTS continued California, June 15, 1994 - Page 12 ACTION TAKEN Dr. David Grossmueller, IT Corporation, provided an synopsis of the Entomology Study. ~ Motion by Brunni to accept oral Report and authorize bidding on 10,000 auto- mated containers (5,000 refuse, 5,000 green waste). APPROVED ABMCDERMOTT Legislative & Litigation committee Report No. 3-94 regarding Evaluation of Requests by the Cities of Modesto and Pasadena to Join Them in Their Respective Efforts to Curb Graffiti Vandalism and Violence. Resolution urging local legisla- tors to support an amendment to state law allowing cities and other public agencies to adopt ordinances imposing financial responsibility on both the perpetrator and the parents of minor children who commit acts of graffiti vandalism. Resolution committing the city to take the actions necessary to respond to the escalating threats to the community's physical safety. Motion by DeMond to accept Report. RES 86-94 RES 87-94 APPROVED ABMCDERMOTT Motion by DeMond to adopt Resolutions. APPROVED ABMCDERMOTT Bakersfield, California, June 15, 1994 - Page 13 10. REPORTS continued c. Legislative & Litigation;Committee Report No. 4-94 regarding Amending Council Meeting Voting and Parliamen- tary Procedures. Resolution setting forth a policy that no motion needs a second. Resolution establishing Council policy to authorize member(s) of the city Council to abstain from voting on matter(s) pending before City Council. Ordinance amending Section 2.04.030 of the Bakersfield Municipal Code relatlng to parllamentary law. (First Reading May 4, 1994) Motion by Smith to accept Report. ACTION TAKE~ RES 88-94 RES 89-94 ORD 3594 APPROVED ABMCDERMO~7 Motion by smith to adopt Resolutions and Ordinance. ~ APPROVED ABMCDERMO'157 Mayor Price requested City Attorney or city Manager schedule a training/dis- cussion session' for Council on Robert's Rules of Order. 11. DEFERRED BUSINESS Kern River Plan~Eiement 1-94 (Northeast Sewer Assessment District), Ward 3: Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 104-20 by changing the zoning from Residential Subur- ban on 2.5 acres to Open Space on 41.07 acres, single Family Dwe11- ing on 297.35 acres and Limited Commercial on 19.31~acres in Section 20, located south of Highway 178 surrounding Mesa Marin Raceway. (Kern River Plan Element 1-94, ZC 5546) (Ward 3) (First Reading June 1, 1994) ORD 3595 Bakersfield, California, June 15, 1994 - Page 14 11. DEFERRED BUSINESS continued ACTION TAKEN ao Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 104-11 by, changing the zoning of 411 acres from Agri- culture to Estata on 345.07 acres and Open Space on 30.49 acres and 35.08 acres with a small portion being Open Space Floodplain Secondary whila retaining the existing Agriculture Floodplain Secondary on those portions the appllcant had origlnally requested Residential Floodplain Secondary along the Kern River, located north of Highway 178, east and west of Rancharia Road and south of the Kern River. (Kern River ~lan Element 1-94, ZC 5452) (Ward 3) (First Reading June 1, 1994) Ordinance amending Section 16.20.100 of the Bakersfield Municipal Coda relating to statement on maps 0f City Surveyor. (First Reading June 1, 1994). Smith abstaining due ~to property owner- ship in the Northeast~Sewer District. Motion by Brunni to adopt Items a. & b. of Deferred Business. ORD 3596 ORD 3597 APPROVED ASS SMITH AB MCDERMO'I~U 12. NEW BUSINESS ae Agreement with Psychology Systems, Inc. for Employee Assistance Program (EAP) services. Brunni abstaining due to employment. Assistant City Manager Stinson pro- vided background information. Motion by DeMond to approve Agreement. AGR 94-109 APPROVED ASS BRUNNI AB MCDERMOI~P Bakersfield, California, June 15, 1994 - Page 15 ~ 12. NEW BUSINESS continued ACTION TAKEiN Letter to State Representatives in opposition to Assembly Bill 2673 (Cortese) regarding local planning for water service needs. Motion by Brunni to authorize Full Council and Mayor to sign letter. APPROVED AB MCDERMO~ 13. COUNCIL STATEMENTS DeMond referred to staff correspondence from Huntley Webb with response back to Council. DeMond referred to Legislation and Liti- gation Committee AB 3720 regarding compet- ition in telecommunications, with a report back on recommendations. Brunni referred to staff correspondence from Mr. Hornbeck referring to SB1615 (Wyman) regarding graffiti, for review to possibly refer to Legislation and Litigation Committee. Brunni referred to staff locating the Senate Bill that refers to "trashy newspapers" (an issue on Ashe Road byVons, across the street from a preschool), for her to review and refer. Edwards referred to City Attorney a response back on whether it is a conflict of interest for a person who lives in a maintenance dis- trict to debate/vote on that issue. Smith referred to staff the issues of strip- ing on christmas Tree Lane and the feasibil- ity of slowing traffic down, from Columbus to Panorama, including Mt. Vernon. Smith referred to staff with a report back on the feasibility of expanding the program to other parts of the City, using notifica- tion regarding street sweeping. Bakersfield, California, June 15, 1994 - Page 16 13. COUNCIL STATEMENTS continued ACTION TAKEN DeMond referred tostaff to respond to correspondence from the Mobile Home Owners Association of Kern County asking that City follow the guidelines the County has been using regarding enforcement rights. Salvaggio referred to Police Department for a response back regarding the traffic prob- lem at Claire and O'Neill. Salvaggio referred to Police Department a traffic problem at Jonah and Langston. $alvaggio commented on the ordinance regard- ing blinder racks. Salvaggio commented on the law requiring an adult be present at vending machines. Salvaggio thanked City Manager Tandy and Convention Center Manager Andersen for their assistance with a family in his ward. Salvaggio referred to PlanningDepartment the issue of junk vehicles and property maintenance violations at 1700 Lemay Avenue. Rowles referred to staff a recap of activi- ties to date at the Parkway Reservation Pic- nic Area Rich O'Neil spoke of under Public Statements. Rowles requested a meeting with Parks to discuss increased rollerblade activity. Rowles referred to staff the issue of AB2595 (or AB2959) regarding the City of Modesto law regarding graffiti offenders and if appropriate refer to Legislative and Liti- gation Committee for review. Hotion by DeMond to recessto Closed Session at 10:30 p.m. APPROVED AB MCDEPJ40TT SALVAGGIO Bakersfield, California, June 15, 1994 - Page 17 ~ CLOSED SESSION ACTION TAKEN Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, for 1994 Labor Negotiations with Clty's Chief Negotiator, Bill Avery, regarding General Supervisory Unit, Management Unit, Blue & White Collar Unit, Fire Unit and Fire Super- visory Unit. Notion by Edwards to adjourn from Closed Session at 11:15 p.m. LABOR NEGOTIATOR GIVEN FURTHL~R IB..%'.~jCTION BY COUNCIL APPROVED AB NCDERMO'~ SALVAGGIO CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on this page. 14. ADJOURNMENT Notion by DeMond at 11:17 p.m. APPROVED AB MCDERMO'~.P SALVAGGIO MAYOR of thG City of Bakersfield, ¢X ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA JUN15.A 7/ 7/94 4:28pa