HomeMy WebLinkAbout02/23/1994 MINUTES CCBAleRSFIELD CIT COUNCIL
MINUTES
MEETING OF FEBRUARY 23, 1994
WORKSHOP- 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
This Workshop was called to order at 5:25
p.m. by Mayor Price.
1. ROLL CALL
ACTION Ti~KEN
Present: Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles (seated
at 5:36), Salvaggio (seated at
5:35)
Absent: None
2e
SOURCE REDUCTION AND RECYCLING ELEMENT/GREEN
WASTE PROGRAM UPDATE.
Water & Sanitation Manager Bogart and
Sanitation Superintendent Sides provided
an update on the pilot Green Waste and
Recycling Programs.
Sanitation Superintendent Sides also
provided the preliminary result of the
entomology study by IT Corporation.
Sanitation Recycling Supervisor Richmond
provided an update on the Curbside Green
Waste Collection Program.
Sanitation Recycling Supervisor II Sanders
presented a slide presentation showing
examples of the existing MRFs (Materials
Recovery Facilities) technology in the
valley.
SB 1082 - HAZARDOUS HATERIALS.
Acting Fire Chief Kelly and Hazardous
Materials Coordinator Huey presented
information on the Hazardous Materials
Division and Senate Bill 1082.
Motion by McDermott to recess to APPROVED
Closed Session at 6:15 p.m.
213
Bakersfield, California, February 23, 1994 - Page 2
CLOSED SESSION
ACTION TAKEN
Conference with Legal Counsel (existing
litigation) pursuant to Government Code
Section 54956.9(a) in the case of Evans
vs. City of Bakersfleld, et al., Court
of Appeals of the state of California
Fifth Appellate District No. F016745,
Kern County Superior Court Case No.
208234.
Motion by DeMond to adjourn Closed
Session at 6:40 p.m.
SETTLEMENT
OFFER WAS
AUTHORIZED
APPROVED
REGULAR ME~ING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. I~O~A~ON by Rick Roper, Director, First Assembly of God Church
2. pi r:nGE OF .ali ;=GLANCE
3. ROM. CAI. J_
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles, Salvaggio
None
CLOSEDSESSION ACTION
Mayor Price announced Closed Session
action as reflected above.
PRESENTA~ONS
Mayor Price presented a proclamation
proclaiming Friday, February 25, 1994
as "Dental Health Day" in the City of
Bakersfield.
Dr. Tom Armstrong, President, Kern
County Dental Society, accepted the
proclamation and recognized Dr. Rick
Grabski, Peggy Grabski, members of
the All Saints Church and Gail Mullen,
Dental Health Specialist, Kern County
Health Department.
Bakersfield, California, February 23, 1994 - Page 3
214
5. PRESENTA~ONS
ACTION TAKEN
Do
Mayor Price presented a plaque to Ed
Schulz, Director of Public Works,
acknowledging appreciation for his 27
years of service to the City, March 4,
1994 being his last day°
Inez Don Carlos, Kern River Parkway
Foundation, presented a letter propos-
ing a landscaping project along the
Bike Path at Truxtun Extension and Par
Course, with funding being donated by
Texaco Corporation.
Brunni referred the issue to staff.
6e
PUBLIC STATEMENTS
Irma Carson, Director, Ebony Counseling
Outpatient Substance Abuse Center,
announced the 1st Annual Black American
Expo Conference, February 25, 1994, at
the Hill House°
be
Ilo Scatena announced the American
Legion Convention, May 19 - 26, 1994,
at the Red Lion.
APPOINTMENTS
CONSENT CAI;NDAR
ae
Voucher Nos. 6014 to 6467 inclusive, in
the amount of $1,819,017.24 and Self
Insurance Voucher Nos. 1558 to 1756
inclusive, in the amount of $83,450.62.
be
Minutes of the Workshop, Closed Session
and Regular Meeting of February 9, 1994.
Co
Communication has been received from
Rick Cole, Mayor, city of Pasadena,
dated January 26, 1994, submitting
their Resolution No. 7045 and request-
ing Council consider adopting a similar
resolution related to combatting rampant
violence in the community through joint
efforts at the Local, State and National
levels.
(Receive and refer to Police Department)
REMOVED FOR
SEPARATE
CONSIDERATION
215
Bakersfield, California, February 23, 1994 - Page 4
8. CONSENT CA~ ;:NDAR
ACTION TAKEN
Notices of Completion and acceptance of
work:
Contract No. 93-212 with Griffith
Company for 4th Street culvert
extension at the Kern Island Canal,
completed February 7, 1994.
Contract No. 93-198 with R.L.
Morton Welding, Inc. for construc-
tion of retaining wall and guard-
rail at Manor Drive, completed
February 1, 1994.
Plans and Specifications for traffic
signal modification on Wilson Road at
Akers Road. (Ward 6)
fJ
Resolution approving Cultural Resource
Designation Application by Robert E.
McCarthy III, owner, for the Standard
Oil Building located at 1800 19th
Street and placement of the property
on the Bakersfield Register of Historic
Places in the City of Bakersfield.
ge
Resolution accepting street and lighting
improvements on Lancer Drive and Lancer
Court for maintenance by City of Bakers-
field. (Ward 3)
Amendment No. 3 to Lease Agreement No.
88-45 with the Bakersfield Senior Center,
Inc. for an additional two years of
storage facility use.
Motion by McDermott to adopt Items (a)
through (h) of the Consent Calendar, with
the exception of Items c. and h.
RES 24-94
RES 25-94
REMOVED FOR
SEPARATE
OONSIDERATIOI;
APPROVED
Communication has been received from
Rick Cole, Mayor, City of Pasadena,
dated January 26, 1994, submitting
their Resolution No. 7045 and request-
ing Council consider adopting a similar
resolution related to combatting rampant
violence in the community through joint
efforts at the Local, State and National
levels.
(Receive and refer to Police Department)
Bakersfield, California, February 23, 1994 - Page 5 21(~
8. CONSF. NTCA~;NDAR continued
ACTION T~%KEN
Ce
Motion by Edwards to refer Consent
Calendar Item c. to the Police Depart-
ment and Legislative and Litigation
Committee.
APPROVED
Amendment No. 3 to Lease Agreement No.
88-45 with the Bakersfield Senior Center,
Inc. for an additional two years of
storage facility use.
Motion by DeMond to adopt Item h. of
the Consent Calendar.
Acting City Attorney Skousen explained
this is not a tie vote because the
number of votes for and the number of
votes against are not the same, nor did
the motion pass because there are not
four votes in favor. Three votes "aye"
and three votes "nay" would make a tie.
Abstentions do not make a tie.
Motion by McDermott to refer Item h.
to the Budget & Finance Committee.
FAILED
ABS MCDERMO~'I'
BRUNNI
ROWLES
AB ElIWARDS
APPROVED
NS SALVAGGIO
AB EUWARDS
HEARINGS
me
Public Rearing as required by Resolution
of Intention No. 1111 regarding assess-
ments for Maintenance District 3, Divi-
sion 5, McKee Road. (Ward 6)
Mayor Price announced this is the first
of two hearings to be held on this
issue, with no action required tonight.
Brunni absent due to conflict of interest.
Assistant Public Works Director Kloepper
provided background information.
No one spoke at hearing. Hearing closed.
McDermott inquired why McKee Road is
being expanded incrementally.
Bakersfield, California, February 23, 1994 - Page 6
9. HFJ~INGS continued
~TION TAKEN
Public Hearing regarding Assessment
District No. 93-2, Stine/Harris.
(Resolution of Intention No. 1112}
(Ward 6)
Mayor Price announced this is the first
of two hearings to be held on this
issue, with no action required tonight.
Rowles absent due to conflict of interest.
Assistant Public Works Director Kloepper
provided background information.
No one spoke at hearing. Hearing closed.
Appeal by Steve DeBranch, DeWalt Corpor-
ation, of Planning Commission decision
regarding Tentative Tract Map 5716.
(Ward 4)
Planning Director Hardisty provided
background information.
Hearing opened.
Steve DeBranch, DeWalt Corporation,
spoke in support and requested Condi-
No. 13 of Exhibit "A" be removed as a
condition of approval.
George Shader, Marketing Director,
Riverlakes Ranch, referred to the
December 1, 1993 and January 6, 1994
letters from Riverlakes to the
Planning Commission and their position
on this project, requesting removal of
the open space requirement.
Hearing closed.
Rowles recommended the issue of small
lots, the "anemity recommendations"
from Urban Development Committee, be
referred back to that committee for
review.
Motion by Brunni to adopt Resolution
overturning the Planning Commission
decision, approving Tentative Tract
5716, subject to Conditions of approval
(Exhibit A) with the deletion of Condi-
tion No. 13.
RES 26-94
APPI~DVED
NS EUWARDS
DEMOND
Bakersfield, California, February 23, 1994 - Page 7 ~
9. HEARINGS continued
ACTION T~KEN
Hearing for consideration of an Ordin-
ance amending Ordinance No. 3573 of
Title 17 of the Bakersfield Municlpal
Code and Zoning Map No. 102-20 regard-
ing the school fee requirement with a
proposed change to Condition No. 3.
(Ward 4)
Planning Director Hardisty provided
background information.
Hearing opened.
Steve DeBranch, DeWalt Corporation,
spoke in support.
Hearing closed.
Brunni stated she spoke with Dr. Carl
Olson, Superintendent, Fruitvale School
District, and suggested the applicant,
Mr. Olson, and City staff confer with
each other prior to the Ordinance
returning to Council.
FR
10.
R~PO~
ae
Budget & Finance Committee Report No.
1-94 regarding Prevailing Wage Ad Hoo
Task Force.
John Spaulding, Executive Secretary,
Kern County Building Trades, spoke
regarding the Ad Hoc Task Force
applicant selection.
City Clerk Williams announced Marvin
Dean expressed his concern, by phone,
of the lack of minority representatives
on the committee.
Motion by McDermott to accept Report.
APPROVED
Motion by HcDermott to appoint James A.
Chilko, J. Dale Hawley, John Lencioni,
Robert E. McCarthy, John R. Tarjan and
Leroy C. Weygand, as recommendedby
Budget & Finance Committee, to the
Prevailing Wage AdHoc Task Force.
APPROVED
NS EUWARDS
Bakersfield, California, February 23, 1994 - Page 8
10. REPORT~ continued
ACTION TAKEN
Motion by McDermott to expand the size
of the Task Force to nine members and
appoint Michael S. Abril, Daniel J.
Kane and Robert A. Patterson.
NAT
Salvaggio requested McDermott amend
his motion to expand the size of the
Task Force to eight members and appoint
Michael S. Abril and Daniel J. Kane.
Amended motion by McDermott to expand
the size of the Task Force to eight
members and appoint Michael S. Abril
and Daniel J. Kane.
APPROVED
NS ROWLES
Mayor Price announced a 10-minute
recess at 9:05 p.m. and reconvened
the meeting at 9:15 p.m.
Mayor Price announced William Chipp
wishes to speak under Public State-
ments when the loitering ordinances
are placed back on the agenda, and
City Clerk to notify him.
11. DEFERRED BUSINESS
ae
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map Nos. 104-19, 104-20, 104-21 and
104-29 by prezoning property southeast
of Freeway 17S and Kern Canyon Road.
(Kern Canyon Road No. I Annexation)
(Ward 3) (First Reading February 9,
1994)
ORD 3579
Motion by Smith to adopt Ordinance. APPROVED
Bakersfield, California, February 23, 1994 - Page 9
22O
12. NEW BUSINESS
ACTION TAKEN
Ordinance amending Chapter 17.60 and
Chapter 17.04 of Title 17 of the Bakers-
field Municipal Code relating to signs
and associated definitions, respectively.
Planning Director Hardisty provided
background information.
HotionbyBrunni tog ire First Reading
to Ordinance and refer it to Urban
Development Committee.
FR
APPROVED
Ce
Ordinance adding College No. 5 Annexa-
tion to Ward 3, located at the south-
east corner of Morning Drive and
College Avenue. (Ward 3)
Ordinance adding Subsectlon J. and K.
to Section 17.64.070 and amending
Subsection E. of Section 17.64.140 of
the Bakersfield Municipal Code relat-
ing to reapplication for conditional
use permits, modifications and zone
changes.
Planning Director Hardisty provided
background information.
Rowles requested copies of written
comments from Building Industry Associ-
ation (BIA) and Bakersfield Association
of Realtors, if available, and asked if
written correspondence could be a
standard inclusion in these documents.
FR
Hotion by McDermott to refer this
proposed amended Ordinance to Planning
Commission to conduct appropriate
hearings.
APPROVED
Resolution amending Resolutlon No.
116-93 adopting fees and service charges
pursuant to the Revenue/cost Comparison
System under Chapter 3.70 of the Bakers-
field Municipal Code. (Reduces softball
fees $25 per team)
Community Services Manager Andersen
provided background information.
RES 27-94
Bakersfield, California, February 23, 1994 - Page 10
12. NL%~BUSlNESS continued
ACTION TAKEN
Hotion by Brunni to leave the existing
fee as is.
FAILED
NS EUWARDS
DEHOND
SMITH
ROWLES
SALVAGGIO
Motion by Edwards to adopt Resolution.
APPROVED
NS MCDERMOTT
Resolution declaring intent to reim-
burse expenditures from the proceeds of
subsequent refunding bonds therefor and
directing certain related actions and
authorizing temporary appropriation of
Sewer Enterprise Revenues for current
redemption of Assessment District No.
86-2 Improvement Bonds.
Finance Director Klimko provide back-
ground information.
Motion by Brunni to adopt Resolution.
RES 28-94
APPROVED
Resolution ca11ing a Special Municipal
Election for the purpose of submitting
to the voters a question relating to
forming a City-Wide Park Maintenance
District and requesting the Board of
Supervisors of the County of Kern to
order consolidation of said election
with the State of California Direct
Primary Election to be held Tuesday,
June 7, 1994.
Assistant City Manager Stinson provided
background information and introduced
Steve Hawkins, Consultant, who explained
the Preliminary Engineer's Report.
Brunni requested staff report on City
landscape costs and park maintenance
costs, acre for acre and line item
byline item in our budget, compared
to North Bakersfield Recreation and
Park District costs.
Bakersfield, California, February 23, 1994 - Page 11
222
12. NEWBUSINESS continued
ACTION TAKEN
Motion byBrunni to adopt Resolution
amending the election date to November
8, 1994.
NAT
Amended motion by Brunni to adopt
Resolution amending the election date
to November 8, 1994 with staff to
modify the language of the question
proposed to voters and bring back to
Council.
FAILED
NS MCDERMOTT
EUWARDS
SMITH
ROWLES
ge
Finanoing Agreement pursuant to Section
801 and addendum to Ballroom Lease
Agreement No. 94-12 of the Bakersfleld
Convention Center Hotel Disposition and
Development Agreement°
City Manager Tandy provided background
information.
Motion by McDermott to approve Agree-
ment.
AGR 94-30
APPROVED
City Council Goals.
Motion by DeMond to approve, with the
capability to make recommendations
for future changes.
APPROVED
ABS BRUNNI
13. COUNCILSTATEMENTS
McDermott referred to Public Works corres-
pondence from constituents regarding speed
bumps and requested to be involved in dis-
cussions with the residents.
McDermott referred to Budget & Finance
Committee to review and report back to
Council a memo from Mayor Price regarding
Sister City delegation and invitation for
the City to participate in the grand open-
ing of their major project this summer.
Bakersfield, California, February 23, 1994 - Page 12
13. COUNCILSTATEMENTS continued
ACTION TAKEN
$alvaggio commented on Brunni's referral
regarding the Kern River Parkway Foundation
and Texaco Kern River Bike Path landscaping
proposal and requested staff expedite this
project.
Salvaggio referred to staff a memo from
Chief Brummer regarding Kern River Bike
Path cellular phones (call boxes).
Salvaggio requested a new updated phone
list card for Council.
DeHond referred to staff to report back
on maintenance costs per phone for Kern
River Bike Path.
DeNond referred to staff the obsolete/
unused street lights on 19th Street.
Brunni referred to Assistant city Attorney
$kousen and Water Department correspondence
regarding Vaughn Water Company water rates.
Brunni referred to staff the cost estimate
given for development of a park in the Tevis
Ranch area and the disparity in development
costs for parks improvements.
Brunni referred to Public Works the possi-
bility of posting Brimhall Road as "No
Parking".
Brunni mentioned the next two Planning
Commission meetings were cancelled due to
lack of business and expressed her interest
in the Planning Commission applications.
Brunni referred to staff traffic impact
fees and clarification of how we fund the
unfundedportions of specific improvements,
ie. traffic signals.
Bakersfield, California, February 23, 1994 - Page 13
224
13. COUNCIL STATEMENTS continued
ACTION T~KEN
Mayor Price requested to meet with Acting
City Attorney Skousen to discuss Robert's
Rules of Order.
Rowles commented on the City-Wide Park
Maintenance District and advised the voters
need to be told the level of service will
be maintained or increased, a significant
savings to consolidations and disparity of
cost will be resolved.
Rowles referred to Assistant Public Works
Director Kloepper the issue of maintaining
the intersection by the park on Bahamas
due to the impact of traffic activity.
Rowles referred to Urban Development
Comm;ttee a request for an update on the
speed bump program and notification of
residents.
Edwards referred to staff the possibility
of a community (summit) meeting to address
crime and violence in this city.
14. ADJOURNM~F
Motion by McDermott at 11:00 p.m.
APPROVED
ATTEST:
~OR of the/City of Bakersfield,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
CA
FEB23.MIN
3/10/94 3:37pa