Loading...
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