HomeMy WebLinkAbout03/09/1994 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 9, 1994
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present: Mayor Price, Councilmembers
McDermott, Edwards (seated at
5:20), DeMond, Smith, Brunni,
Rowles, Salvaggio
Absent: None
PLANNING COMMISSION INTERVIEWS.
Applicants Stephen H. Boyle, Mathew M. Brady,
Thomas J. Dandy, Duane D. Dudics, James L.
Henderson, Marilyn E. Jones, Ronald LaRosa,
Jeremias Z. Lopez, Carl D. Pearson, L. Darren
Powers, Thomas J. Purcell, Kate Rosenlieb,
William Slocumb and Tommie Townsend partici-
pated in a question/answer discussion.
Motion by McDermott to recess to Closed
Session at 6:15 p.m.
APPROVED
CLOSED SESSION
(15 rain) 1.
Closed Session pursuant to Government Code
Section 54956.9(a) regarding litigation in
the case of city of Bakersfield vs. County
of Kern, et al.; Kern County Superior Court
Case No. 224714 NFT.
NAT;
BRIEFING
ONLY
Motion by McDermott to adjourn Closed APPROVED
Session at 6:55 p.m.
Bakersfield, California, March 9, 1994 - Page 2
REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCA~ON by Conard Holt, Elder, First Assembly of God Church.
2. P~ ;r~GE OF .a,, r:GiANCE
3. ROLL CAU.
ACTION T~KEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond, Smith,
Brunni (seated at 7:05), Rowles,
Salvaggio
None
4 m
CLOSED SESSION ACTION
Mayor Price announced Closed Session
action as reflected on Page 1.
e
PRESENTATIONS
ae
Mayor Price presented Certificates of
Achievement to Historic Preservation
Commission members Jean van Loben Sels,
Louise Juracek, John R. Almklov and
Bruce Keith.
PUBUC STATEMENTS
ae
The following individuals spoke regard-
ing a plan of action to combat graffiti:
Adam Reed, Sunday Iger and Chad Hathaway,
representing Mayors' Advisory Counsel.
Ken witte, Executive Chair of Oleander
Sunset Park, spoke regarding historical
preservation and provided a written
statement.
Ce
The following individuals spoke support-
ing reappointment of Kate Rosenlieb to
the Planning Commission:
Mark Ashley; Jill Kleiss, Southwest
Community Action Committee (SCAC); and
Carol Miranda.
David Bash, Marketing Director, West
Kern Corporation, spoke regarding Los
Angeles radio KABC comments about
Bakersfield and provided tapes.
22';
Bakersfield, California, March 9, 1994 - Page 3
6. PUBLIC STATEMENTS continued
ACTION TAKEN
fe
The following individuals spoke regard-
ing the loitering ordinances:
David Chipp; Steven Lambert and Jose
Quirarte.
Raven Hawkins, Southeast Bakersfield
Civic League, spoke regarding helping
the youth of our community.
7. APPOINTMENTS
Three (3) appointments to the Planning
Commission due to the expiration of
terms of Darren Powers, Kate Rosenlieb
and Bill Slocumb (Alternate), terms
expiring April 17, 1994.
First Ballot Votes ranked by preference
for the first Four-Year Position:
Ward 1 - Rosenlieb, Slocumb, Townsend
Ward 2 - Rosenlieb, Slocumb, Boyle
Ward 3 - Brady, Boyle, Powers
Ward 4 - Brady
Ward 5 - Brady
Ward 6 - Brady, Boyle, Rosenlieb
Ward 7 - Rosenlieb, Dandy, Powers
City Clerk Williams announced the two
individuals receiving the highest
number of votes for the first Four-
Year Position, currently held by Darren
Powers, were Mathew M. Brady and Kate
Rosenlieb.
Second Ballot Votes for the first Four-
Year Position:
Ward 1 - Rosenlieb Ward 2 - Rosenlieb
Ward 3 - Brady Ward 4 - Brady
Ward 5 - Brady Ward 6 - Brady
Ward 7 - Rosenlieb
City Clerk Williams announced the
individual receiving the highest
number of votes for the first Four-
Year Position, currently held by
Darren Powers, was Mathew M. Brady.
Motion by Brunni to appoint Mathew M.
Brady, term to expire April 17, 1998.
APPROVED
NS EUWARDS
DEMOND
Bakersfield, California, March 9, 1994 - Page 4
7. APPOINTM~ continued
ACTION T/~KEN
First Ballot Votes ranked by preference
for the second Four-Year Position:
Ward 1 - Rosenlieb, Townsend, Slocumb
Ward 2 - Rosenlieb, Slocumb, Boyle
Ward 3 - Boyle, Powers, Dandy
Ward 4 - Boyle, Henderson
Ward 5 - Henderson, Boyle, Slocumb
Ward 6 - Boyle, Rosenlieb, Lopez
Ward 7 - Slocumb, Dandy, Powers
City Clerk Williams announced the
two individuals receiving the highest
number of votes for the second Four-
Year Position, currently held by Kate
Rosenlieb, were Stephen H. Boyle
and Kate Rosenlieb.
Second Ballot Votes for the second
Four-Year Position:
Ward 1 - Rosenlieb Ward 2 - Rosenlieb
Ward 3 - Boyle Ward 4 - Boyle
Ward 5 - Boyle Ward 6 - Boyle
Ward 7 - Rosenlieb
city Clerk Williams announced the
individual receiving the highest
number of votes for the second Four-
Year Position, currently held by Kate
Rosenlieb, was Stephen H. Boyle.
Motion by Brunni to appoint Stephen
H. Boyle, term to expire April 17,
1998.
APPROVED
NS EUWARDS
tABS DEMOND
Mayor Price announced a five-minute
recess.
First Ballot Votes ranked by preference
for Alternate Position:
Ward 1 - Townsend, Slocumb, LaRosa
Ward 2 - Rosenlieb, Slocumb, LaRosa
Ward 3 - Powers, Dandy, Pearson
Ward 4 - Powers, Henderson, Dandy
Ward 5 - Powers, Slocumb, Dandy
Ward 6 - Powers, Lopez, Dudics
Ward 7 - Dandy, Purcell, Powers
Bakersfield, California, March 9, 1994 - Page 5
7. APPOINTMENTS continued
ACTION TAKEN
City Clerk Williams announced the
two individuals receiving the highest
number of votes for the Alternate
Position, currently held by Bill
Slocumb, were Thomas J. Dandy and L.
Darren Powers.
Second Ballot Votes for Alternate
Position:
Ward 1 - (Abstained) Ward 2 - Dandy
Ward 3 - Powers Ward 4 - Powers
Ward 5 - Powers Ward 6 - Powers
Ward 7 - Dandy
City Clerk Williams announced the
individual receiving the highest
number of votes for the Alternate
Position, currently held by Bill
Slocumb, was L. Darren Powers.
Motion by McDermott to appoint L.
Darren Powers, for Alternate position,
term expiring April 17, 1995.
APPROVED
NS EDWARDS
DEMOND
Four (4) appointments to the Historic
Preservation Commission due to the
expiration of terms of Bruce E. Keith
(Mayor appt), Louise Juracek (Ward 6
appt) and John R. Almklov (Ward 7 appt),
terms expiring March 30, 1994; and the
resignation of Jean van Loben Sels
(Ward 3 appt), term expiring March 30,
1997.
Motion by Salvaggio to appoint Scott
M. Hudlow (Ward 7), term to expire
March 30, 1998.
FAILED
ABS ElIWARDS
DEMOND
SMITH
BRUNNI
Motion by McDermott to appoint Clarence
Cullimore, Jr. (Mayor), term to expire
March 30, 1998.
APPROVED
ABS BRUNNI
Motion by Smith to appoint Thomas
Curran (Ward 3), term to expire March
30, 1997.
APPROVED
NS EDWARDS
ABS DEMOND
BRUNNI
Bakersfield, California, March 9, 1994 - Page 6
7. A~:~OlI~"~M~ continued
ACTION TAKEN
Motion by Rowles to reconsider the
appointment of Scott M. Hudlow (Ward
7).
APPROVED
Motion by Salvaggio to appoint Scott
M. Hudlow (Ward 7), term to expire
March 30, 1998.
APPROVED
ABS EUWARDS
DEMOND
BRUNNI
McDermott announced he would not be
making a recommendation tonight.
One (1) appointment to the Fire
Department Civil Service Board due to
the resignation of Leroy Kollenborn,
term expiring December 31, 1994.
Motion by DeMond to appoint Craig
Alan Carver, term to expire December
31, 1994.
APPROVED
ABS SMITH
CONSENT CAI;NDAR
Voucher Nos. 6468 to 6973 inclusive,
in the amount of $1,784,150.90o
Minutes of the Workshop, Closed Session
and Regular Meeting of February 23, 1994.
Communication has been received from
Judy K. Wright, Kern River Parkway
Foundation, dated February 16, 1994,
submitting a written proposed monument
sign plan for the Kern River Parkway
parking area at Truxtun Extension and
Mohawk.
(Receive and refer to Community
Se~-~ices Committee)
Bakersfield, California, March 9, 1994 - Page 7
8. CONSENTCALENDAR continued
ACTION TAKEN
de
Notices of Completion and acceptance of
work:
Contract No. 93-224 with HPS Plumb-
ing Services, Inc. for construction
of storm drain on Stockdale Highway
from Montclair Street to 300 feet
east and Kroll Way from Montalvo
Drive to Jamaica Way, completed
February 18, 1994.
Contract No. 93-67 with Castle &
Cooke Silver Creek, Inc. for Tract
No. 5756, Phase A, landscaping,
located on the south side of
Spring Creek Loop north of Harris
Road, completed February 15, 1994.
Contract No. 93-91 with Castle &
Cooke Development Corporation for
Tract No. 5544, Phase A, landscap-
ing, located on the southwest
corner of Brimhall Road and Verdugo
Lane, completed February 21, 1994.
Contract No. 92-179 with ADAVCO,
Inc. for Tract No. 5563, landscap-
ing, located on the south side of
Brimhall Road, west of Coffee Road,
completed February 21, 1994.
Contract No. 93-225 with TDS
Engineering for traffic signal
modification on Columbus Street
and Haley Street, completed March
4, 1994.
Plans and Specifications for Coffee
Road transmission water main line.
(Ward 4)
Resolution ordering preparation of
amended assessment to segregate and
apportion unpaid installments of
existing assessment and setting
April 6, 1994 for hearing public
testimony on Assessment District No.
82-1, Assessment and Diagram Amend-
ment Nos. 50 and 51, Stockdale Trunk
Sewer. (Wards 4 & 6)
DELETED
RES 29-94
Bakersfield, California, March 9, 1994 - Page 8
8. CONS~FCAIFNDg,9 continued
~CTION Ti~,KEN
go
nm
Resolution ordering preparation of
amended assessment to segregate and
apportion unpaid installments of
existing assessment and setting April
6, 1994 for hearing public testimony
on Assessment District No. 86-2,
Reassessment and Diagram Amendment
Nos. 1 through 11, Riverlakes Ranch.
(Ward 4)
Resolution ordering preparation of
amended assessment to segregate and
apportion unpaid installments of exist-
ing assessment and setting April 6,
1994 for hearing public testimony on
Assessment District No. 90-1, Assess-
ment and Diagram Amendment Nos. 17
through 24, Jewetta Trunk Sewer.
(Ward 4)
Resolution acknowledging waiver of
cash payment period, determining
unpaid assessments and providing
for issuance of bonds for Assessment
District No. 93-2, Stine/Harris.
(Ward 6)
Tract Map and Improvement Agreement
with Stine Road Developers for Tract
No. 5670, Phase 1, located at the
southwest corner of Stine Road and
Harris Road. (Ward 6)
Agreement with Bakersfield Downtown
Business Association (DBA) for pur-
chase of a portable reviewing stand.
(City surplus)
Agreement with Bakersfield City Mis-
cellaneous Employees Mutual Benefit
Association for purchase of a portable
barbecue pit. (City surplus)
Agreement with William Avery & Assoc-
iates, Inc. for recommendation of
consultant services for employer-
employee relations.
Accept bid to award Annual Contract
to Safety Striping Service, Inc. for
removal of striping and pavement mark-
ing at various locations. (Actual
annual costs approximately $77,000).
RES 30-94
REMOVED FOR
SEPARATE
CONSIDERATIC~
REMOVED FOR
SEPARATE
CONSIDERATIC~
AGR 94-31
AGR 94-32
AGR 94-33
REMOVED FOR
SEPARATE
OONSIDERATION
CON 94-34
Bakersfield, California, March 9, 1994 - Page 9
8. CONSF. N'I'C~IFNDAR continued
ACTION TAKEN
Accept bid to award Annual Contract
to Jim Alfter Cement Contractor for
canal liner repair ($23,900).
Appropriate $4,033 State Reimbursement
Revenue to the Finance Department Oper-
ating Budget in the General Fund for
SB 90 claims payment to David M.
Griffith & Associates.
Appropriate $2,500,000 HUD Section
108 guaranteed loan to the Community
Development Operating Budget in the
CDBG Fund for the Convention Center
Hotel Project.
Motion by McDermott to adopt Items (a)
through (q) of the Consent Calendar, with
the exception of Items d.5., h., i., m.,
and qo
CON 94-35
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Resolution ordering preparation of
amended assessment to segregate and
apportion unpaid installments of
existing assessment and setting April
6, 1994 for hearing public testimony
on Assessment District No. 90-1,
Assessment and Diagram Amendment Nos.
17 through 24, Jewetta Trunk Sewer.
(Ward 4)
Brunni absent due to conflict of
interest.
Motion by McDermott to adopt Item h.
of the Consent Calendar.
RES 31-94
APPROVED
ABBRUNNI
Resolution acknowledging waiver of
cash payment period, determining
unpaid assessments and providing
for issuance of bonds for Assessment
District No. 93-2, Stine/Harris.
(Ward 6)
Rowles absent due to conflict of
interest.
RES 32-94
Motion by McDermott to adopt Item i. APPROVED
of the Consent Calendar. AB ROWLES
Bakersfield, California, March 9, 1994 - Page 10
8. CONSENT CA.I I=NDAR continued
ACTION TAKEN
Agreement with William Avery &
Associates, Inc. for recommendation
of consultant services for employer-
employee relations.
Motion by McDermott to adopt Item m.
of the Consent Calendar.
AGR 94-36
APPROVED
NS BRUNNI
Appropriate $2,500,000 HUD Section
108 guaranteed loan to the Community
Development Operating Budget in the
CDBG Fund for the Convention Center
Hotel Project.
Motion by McDermott to adopt Item q.
of the Consent Calendar.
APPROVED
NS BRUNNI
HEARINGS
Protest Hearing as required by Resolu-
tion of Intention 1112 to consider a
Resolution on proposed Assessment Dis-
trict No. 93-2, Stine/Harris, adopting
the Engineer's Report, confirming the
assessment and ordering the construc-
tion and/or acquisition of the improve-
ments. (Ward 6)
Rowles absent due to conflict of
interest.
No one spoke at hearing. Hearing
closed.
Frank St. Clair, Developer, verbally
agreed to accept proportionate
responsibility for the street
improvements, including landscaping,
along Panama Lane adjacent to the
Arvin-Edison Canal.
RES 33-94
Motion by McDermott to adopt Resolution. APPROVED
ABROWLES
235
Bakersfield, California, March 9, 1994 - Page 11
9. HEARINGS continued
ACTION TAKEN
be
Protest Hearing to consider a Resolution
adding territory to existing Maintenance
District 3, Division 5, confirming the
assessment and authorizing collection of
assessments by the Kern County Tax
Collector (Resolution of Intention No.
1111, McKee Road). (Ward 6)
Brunni absent due to conflict of
interest.
Acting Public Works Director Kloepper
provided background information.
No one spoke at hearing. Hearing
closed.
Motion by McDermott to adopt Resolution.
RES 34-94
APPROVED
ABBRUNNI
Hearing to consider a Resolution amend-
ing Resolution Nos. 116-93 and 27-94,
adopting fees and service charges
pursuant to the Revenue/Cost Comparison
System under Chapter 3.70 of the Bakers-
field Municipal Code.
The Convention Center is proposing to
increase the hourly rates for stage-
hands to match payroll rates approved
by Council in December 1993.
No one spoke at hearing. Hearing
closed.
Motion by McDermott to adopt Resolution.
RES 35-94
APPROVED
Hearing to consider a Resolution finding
that certain weeds, debris and discarded
artlcles on the properties listed below
constitutes a public nuisance and direct-
ing the Chief of the Fire Department to
abate such nuisance.
RES 36-94
Bakersfield, California, March 9, 1994 - Page 12
9. HEARINGS continued
ACTION TAKEN
Ward 1:
Ward 2:
Ward $:
Ward 4:
Ward 6:
Ward 7:
903 M Street; Vacant lot west
of 1003 N Street.
2102 20th Street.
3204 Juniper Ridge.
Vacant warehouse, vacant
building, north of Pacheco
Road, west of Gosford; Vacant
land south of Galway Bay Drive.
North of 7-11, Akers & White
Lane; Vacant strip north of
Cal Water Pump Station, south
of Gardenwood; 5100, 5108,
5200 Woodmere.
Vacant lot south of 3901 Teal
Street.
Hearing opened.
Fire Prevention Inspector DeMarco
requested 2102 20th Street; Vacant
strip north of Cal Water Pump Station,
south of Gardenwood and 5100, 5108,
5200 Woodmere be removed because they
are in compliance.
Hearing closed.
Motion by Brunni to adopt Resolution
confirming the Report of the Fire Chief.
APPROVED
10o
City Manager Oral Report No. 1-94
regarding Business Retention and
Expansion Program.
Economic Development Director Wager
provided a presentation.
Council indicated a desire to move
forward on this program.
city Manager Oral Report No. 2-94
regarding An Update on the Sale of
Approxlmately $60 mi11ion Marks-Roos
Pool Bonds.
Finance Director Klimko provided a
handout on Moody's rating on PFA
Series A Bonds and presented a status
report°
237
Bakersfield, California, March 9, 1994 - Page 13
11. DEFERRED BUSINESS
ACTION TAKEN
General Plan Amen4ment and Zone Change,
located at the southwest corner of
Panama Lane and Wible Road (Ward 6):
Resolution overturning the Planning
Commassion decision making findings,
approving Negative Declaration and
Segment VI of the proposed amend-
merit to the Land Use Element of
the Metropolitan Bakersfield 2010
General Plan on 12.1 net acres.
(Cornerstone Engineering, Inc,
representing Gargano & Associates,
as the applicant) (GPA 4-93,
Segment VI)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and
Zoning Map No. 123-26 by changing
the zoning from R-1 to C-2 on 12.1
net acres. (First Reading February
9, 1994) (GPA 4-93, Segment VI, ZC
5494)
Motion by McDermott to adopt Resolution
and Ordinance.
RES 37-94
ORD 3580
APPROVED
NS EDWARDS
DEMOND
SALVAGGIO
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-34 by changing the zoning
from C-O and C-2 to PCD on 17.2 acres,
located at the northeast corner of
Stockdale Highway and Californla Avenue.
(GPA 4-93, Segment II, ZC 5516) (Ward
5) (First Reading February 9, 1994)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 124-07 by changing the Casa
Loma Specific Plan designation from
7.2 (SI) to 7.1 (LI) on 5 acres,
located south of Wilson Road, 1/4
mile west of Union Avenue. (GPA 4-93,
Segment III, ZC 5524) (Ward 1) (First
Reading February 9, 1994)
ORD 3581
ORD 3582
Bakersfield, California, March 9, 1994 - Page 14
11. DEFF~RED BUSINESS continued
ACTION TAKEN
Ordinance amending Ordinance No. 3573
of Title 17 of the Bakersfield Munlci-
pal Code and Zoning Map No. 10Z-20
regarding the school fee requirement
with a proposed change to Condition No.
3. (Ward 4) (First Reading February
23, 1994)
Ordinance adding College No. 5 Annexa-
tion to Ward 3, located at the south-
east corner of Morning Drive and College
Avenue. (Ward 3) (First Reading
February 23, 1994)
Motion by McDermott to adopt Items b.,
c., e. and f. of Deferred Business.
ORD 3583
ORD 3584
APPROVED
de
Ordinance amending Title 17 of the
Bakersfleld Municipal Code and Zoning
Map No. 123-22 by changing the zoning
from R-3 to C-2 on 18 gross acres,
located along the northeast corner of
Panama Lane and Ashe Road. (GPA 4-93,
Segment IV, ZC 5517) (Ward 6) (First
Reading February 9, 1994)
Rowles absent due to conflict of
interest.
Motion by McDermott to adopt Ordinance.
ORD 3585
APPROVED
AB ROWLES
12. NEW BUSINESS
Resolution approving Purchase Contract
and awarding sale of bonds for Assess-
ment District NO. 93-2, 8tlne/Harrls.
(Ward 6)
Purchase Contract with Miller &
Schroeder for Assessment District
No. 93-2 bonds.
Rowles absent due to conflict of
interest.
Finance Director Klimko introduced
Assistant Finance Director Rojas who
provided background information.
RES 38-94
CON 94-37
Bakersfield, California, March 9, 1994 - Page 15
12. NEWBUSINESS continued
ACTION TAKEN
ae
Motion byDeMond to adopt Resolution
authorizing approval of Contract.
APPROVED
NS BRUNNI
ABS MCDERMO~.F
AB ROWLES
13. COUNCIL STATEMENTS
McDermott referred to staff correspondence
from Conroy's Flowers regarding street
vendors.
NcDermott referred to staff for review
correspondence from San Joaquin Medical
Association regarding changes in Workers
Comp.
McDermott stated the Annual and Semi-Annual
Reports for the City of Bakersfield lacked
any reference to the Transportation and
Circulation Elements and urged staff to
make them a high priority.
Brunni referred to staff the issue of "No
Parking" signs on Brimhall Road between
Coffee and Calloway Roads. Acting Public
Works Director Kloepper advised that the
signs are to be installed by next week.
Brunni commended the electronic media for
responsible reporting.
Edwards mentioned an announcement received
for a special meeting of the Vicious and
Dangerous Animal Administrative Review Board.
Acting City Attorney responded that Budget
Analyst Dunwoody and Assistant City Attorney
Moreno are staff representatives and will
hold the first meeting Friday, March 11th.
Edwards thanked Building Director Fidler and
staff for excellent work.
Smith referred to Urban Development Committee
for discussion the possible formation of one
maintenance district within the city from
all of the maintenance districts we now have.
Bakersfield, California, March 9, 1994 - Page 16
13. COUNCILSTATEMENTS continued
ACTION T~KEN
Mayor Price mentioned the Japan Expo and
have invited the City of Bakersfield to have
a display and urged amateur photographers to
enter the photo contest put together by
Econonic Development Director Wager, Kern
Economic Development Corporation and the
Chamber of Commerce.
14. ADJOURNMENT
Motion by McDermott at 9:50 p.m.
APPROVED
MAYOR rsfl
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
4/lt/94 9:39am