HomeMy WebLinkAbout03/23/1994 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 23, 1994
CLOSED SESSION - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles, Salvaggio
None
Motion by DeMond to recess to Closed
Session at 5:18 p.m.
APPROVED
Acting City Attorney Skousen announced the
Closed Session Items and stated that the
Code Section and Case Names and Nos. in
pending litigation must be publicly announced
when adjourning to Closed Session.
Motion by DeMond to recess to Closed
Session in accordance with staff input at
5:18 p.m.
APPROVED
Conference with Legal Counsel regarding
existing litigation pursuant to Government
Code Section 54956.9(a) in the case of
Saunders rs. city of Bakersfield, et al.,
Kern County Superior Court Case No. 225185
NFT.
Conference with Legal Counsel regarding
existing litigation pursuant to Government
Code Section 54956.9(a) in the case of city
of Bakersfield rs. County of Kern, et al.,
Kern County Superior Court Case No. 224714
NFT.
Publlo Employee Performance Evaluatlon
regarding the City Manager pursuant to
Government Code Section 54957.
UPDATE ONLY;
NAT
UPDATE ONLY.;
NAT
COUNCIL VOTR]9
TO GRANT CITY
MANAC. R~ A b'l~
INCREASE
Motion by McDermott to adjourn Closed APPROVED
Session at 6:55 p.m.
Bakersfield, California, March 23, 1994 - Page 2
REGULAR MEETING- 7:00 P.M·
INVOCATION by Ken Keith,
- Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
Elder, First Assembly of God Church.
p~ I=nGE OF .~ ~ ;:GLANCE by Troop 317
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles, Salvaggio
None
ROLL CALL
Present:
Absent:
~CTION T~KE~
CLOSEDSESSION ACTION
Mayor Price announced Closed Session
action as reflected on Page 1.
PRESENTATIONS
Councilmember Patricia DeMond presented
a plaque to Sanitation Superintendent
Sides regarding Community Clean Sweep.
Mayor Price presented a proclamation to
East Bakersfield High School Principal,
John Gibson, proclaiming March 23, 1994
as "East Bakersfield Blades Basketball
Day" in Bakersfield in honor of winning
the State Championship; presented a Key
to the City to East Bakersfield High
School Basketball Coach Dominguez; and
Councilmembers presented each of the
team members with an Official City Seal
Pin.
6e
PUBUC STATEMENTS
The following individuals spoke
regarding an incident with the SPCA
and SPCA Codes:
Sandra Williams and James Davis°
Salvaggio referred this issue to
City Manager.
B~nni requested a report back to
Council on this matter.
Bakersfield, California, March 23, 1994 - Page 3
6. PUBUCSTATEMENTS continued
ACTION TAKE~
The following individuals spoke
regarding the proposed loitering
ordinances (Items 10.a.):
Reverend James Jackson and Nigel
Brown.
ae
One (1) appointment to the Historic
Preservation Committee due to the
expiration of term of Louise Juracek
(Ward 6 appt), term expiring March
30, 1994.
Motion by McDermott for City Clerk
readvertise this appointment seek
additional applicants.
APPROVED
CONSF_NTCAIFNDAR
Voucher Nos. 6974 to 7372 inclusive,
in the amount of $16,254,539.81 and
Self Insurance Voucher Nos. 1757 to
1871 inclusive, in the amount of
$108,131.16.
be
Minutes of the Workshop, Closed Session
and Regular Meeting of March 9, 1994.
REMOVED FOR
SEPARATE
OONSIDERATIOH
CJ
Quitclaim Deed to North of the River
Sanitary District No. 1 of canal ease-
ments in exchange for an easement to
City of Bakersfield for Beardsley 1
Ditch.
Notices of Completion and acceptance
of work:
Contract No. 93-22 with The
DeWalt Group, Inc. for Tract
Nos. 5565, Phase I; 5566, Phase
I, landscaping; and 5728, Phase
I, located on the northwest corner
of Hageman Road and Jewetta Avenue,
completed February 25, 1994.
DEED 3913
DEED 3914
Bakersfield, California, March 23, 1994 - Page 4
24,1
8. CONSENT CAIFNDAR continued
ACTION TAKEN
Contract No. 93-225 with TDS
Engineering for traffic signal
modification on Columbus and Haley
Streets, completed March 10, 1994.
Contract Change Order No. 1 to Contract
No. 92-122 with Kern County Construction
Inc. for construction of Ashe Water Well
No. 31. (Pending Rosedale No. 5 Annexa-
tion)
License Agreement with Atchison, Topeka
and Santa Fe Railway Company (A.T.& S.F)
for a domestic water mainline crossing
on Coffee Road between Rosedale Highway
and Brimhall Road. (Ward 4)
Agreement with the Housing Authority of
the County of Kern (HACK) for additional
police and protective services; and
appropriation of $25,225 Housing Author-
ity payment for services to the Police
Department Operating Budget in the
General Fund. (Ward 1)
Amendment No. 1 to Lease Agreement No.
91-151 with Bakersfield Art Foundation,
Inc. to extend the lease at 1930 R
Street for one year. (Ward 1)
Amendment No. 2 to Agreement No. 93-88
with Porter-Robertson Engineering &
Surveying for securing easements and
additional design services. (Assess-
ment District No. 93-1, Northeast Sewer
Project) (Ward 3)
Consultant's Agreement with Warren A.
Minner and Associates for engineering
services for the rehabilitation of
Fire Station No. 2, located at 716 E.
21st Street. (Ward 2)
Accept low bids to award Annual
Contracts to Abate-A-Weed ($117,209),
Wilbur Ellis Co. ($39,590.21), Van
Waters & Rogers ($17,407.21) and Kern
Turf ($1,460.64) for chemical insecti-
cides/herbicides. (Total of $175,667.06)
Accept low bid from Cubic Container
Mfg. ($96,873.56) for refuse and
recycling containers.
AGR 94-38
REMOVED FOR
SEPARATE
OONSIDERATION
AGR 94-39
REMOVED FOR
SEPARATE
OONSIDERATION
AGR 94-40
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, March 23, 1994 - Page 5
8. CONSENT CALENDAR continued
ACTION TAKEN
Review of AB 1823 for possible use by
City of Bakersfield as a tool for
industry attraction efforts. (Staff
recommends AB 1823 be referred to the
Economic Development Comm{ttee for
review and discussion.)
Motion byDeMond to adopt Items (a)
through (m) of the Consent Calendar,
with the exception of Items b., g.,
i. and k.
APPROVED
Minutes of the Workshop, Closed Session
and Regular Meeting of March 9, 1994.
Motion by McDermott to adopt Item b.
of the Consent Calendar with the
inclusion of the actual votes by
each Councilmember in appointments;
and, as policy, when announcing the
individuals receiving the highest
number of votes, state how each
Councilmember voted prior to the
announcement of the top two, for the
benefit of the public.
APPROVED
ge
Agreement with the Housing Authority
of the County of Kern (HACK) for
additional police and protective
services; and appropriation of $25,225
Housing Authority payment for services
to the Police Department Operating
Budget in the General Fund. (Ward 1)
Motion by Edwards to adopt Item g. of
the Consent Calendar.
AGR 94-41
APPROVED
Amendment No. 2 to Agreement No. 93-88
with Porter-Robertson Engineering &
Surveying for securing easements and
additional design services. (Assess-
ment District No. 93-1, Northeast Sewer
Project) (Ward 3)
Smith announced her absence on this
item.
AGR 94-42
Motion by McDermott to adopt Item i. APPROVED
of the Consent Calendar. AB SMITH
Bakersfield, California, March 23, 1994 - Page 6
8. CONS~3~F C~I ;NDA~ continued
ACTION T~KEN
ko
Accept low bids to award Annual
Contracts to Abate-A-Weed ($117,209),
Wilbur Ellis Co. ($39,590.21), Van
Waters & Rogers ($17,407.21) and Kern
Turf ($1,460.64) for chemical insecti-
cides/herbicides. (Total of $175,667.06)
Motion by McDermott to adopt Item k.
of the Consent Calendar.
CON 94-43
CON 94-44
CON 94-45
CON 94-46
APPROVED
HEARINGS
Appeal by Jimmy Grider of Board of
Zoning Adjustment decision to deny
a modification request (Modification
No. 5551) of Section 17.58.110(1) to
eliminate the required off-street
parking of a single family residence;
Section 17.10.050 to reduce the
required side yard from 5 feet to 3
feet, 8 inches; and Section 17.10.020
to allow accessory buildings to exceed
the allowable lot area coverage from
12% to 15% at 1217 Dorian Way. (Ward 7)
Planning Director Hardisty provided
background information.
Hearing opened.
The following individuals spoke in
support of staff recommendation:
Frank Hinman, Prudential America West,
Mr. Grider's real estate representa-
tive, submitting pictures and written
material; Bill Altmiller, neighbor;
and Eric Grider.
Hearing closed°
Motion bySalvaggio to adopt Resolu-
tion, granting the appeal and over-
turning the decision of the Board of
Zoning Adjustment.
RES 39-94
APPROVED
Appeal by Fred Alba, DeWalt Corpora-
tion, of Plannlng Commission decision
regarding the requirement to form a
maintenance district for slgnal lights
for Tentative Parcel Map No. 10054,
Condition NO. 20. (Ward 4)
RES 40-94
Bakersfield, California, March 23, 1994 - Page 7
9. HEARINGS continued
ACTION TAKEN
Hearing opened.
Fred Alba, DeWalt Corporation, spoke
in support of staff recommendation.
Hearing closed.
Motion by Brunni to adopt Resolution
overturning the decision of the
Planning Commission, approving Tenta-
tive Parcel Map No. 10054, removing
Condition No. 20; refer to staff and
Urban Development the issue of traffic
light maintenance fees for review to
possibly bring back an appropriate
policy to Council.
APPROVED
NS EUWARDS
ABS DEMOND
McDermott requested staff inspect the
issue of lights being placed a short
distance from each other and bring
back ideas for consideration.
Ce
Kern County referral amending the Casa
Loma Specific Plan by changing the land
use and zoning of 3.5 acres located on
the east side of Union Avenue, 700 feet
north of the intersection of Casa Loma
Drive from Map Codes 6.2 and 5.4 to Map
Code 5.2.
Correspondence was received from Elinor
Bailey, President, Casa Loma Water Co.,
Inc., stating their inability to provide
new service connections.
Planning Director Hardisty provided
background information and advised
staff recommendation be denial of the
amendment to Kern County Board of
Supervisors.
Hearing opened.
Jim Delmarter, Civil Engineer, repre-
senting the applicant, spoke in oppos-
ition to staff recommendation.
Mike Bethell, Maintenance Supervisor,
Casa Loma Water Company, spoke in
support of staff recommendation.
Bakersfield, California, March 23, 1994 - Page
9. HEARINGS continued
ACTION TAKEN
Jim Delmarter spoke in rebuttal.
(opposition)
Tony Allred, Vice President, Casa Loma
Water Company, spoke in rebuttal.
(support)
Hearing closed.
Motion by McDermott to recommend the
amendment to Kern County Board of
Supervisors based on 1) the applicant
demonstrate they have access to water
and; 2) they annex to the City of
Bakersfield.
FAILED
NS EDWARDS
DEMOND
BRUNNI
ROWLES
Amended motion by Rowles to overturn
staff recommendation of denial, approv-
zone change with 45 sites, to demon-
strate adequate water service and fire
flow service can be provided; and
removing the annexation.
WITHDRAWN
Motion by Rowles to overturn staff
recommendation of denial, approving
zone change with 45 sites and demon-
strating that adequate water service
and fire flow can be provided.
NAT
Amended motion by Rowles to overturn
staff recommendation of denial,
approving zone change with 48 sites
and demonstrating that adequate
water service can be provided.
APPROVED
NS MCDERMO'157
SMITH
10.
RFPORT~
City Manager Report No. 4-94 regarding
Proposed Prostitution Loitering and
Drug Loitering Ordinances.
ordinance adding Chapter 9.13 to
the Bakersfield Municlpal Code
relating to loitering for the
purpose of engaging in a prosti-
tution offense. (First Reading
February 9, 1994)
Bakersfield, California, March 23, 1994 - Page 9
10. REPOFR'S continued
ACTION TAKEN
ao 2.
Ordinance adding Chapter 9.19 to
the Bakersfield Municipal Code
relating to loitering for purposes
of drug-related activities. (First
Reading February 9, 1994)
City Manager Tandy and Acting City
Attorney Skousen provided background
information.
Motion by Edwards to refer to the
Legislative and Litigation Committee
and bring back to the Council Meeting
of April 20, 1994.
APPROVED
be
Budget & Finance Report No. 3-94
regarding Attendance of Mayor Price at
the Wakayama Expo in Wakayama, Japan.
Motion by McDermott to accept Report
and implement the recommendations to
transfer $10,000 from Council Contin-
gency to Mayor's Operating Budget in
the General Fund.
APPROVED
11. DF. FERRED BUSINESS
ae
Ordinance amending Chapter 17.60 and
Chapter 17.04 of Title 17 of the
Bakersfield Municipal Code relating
to signs and assooiated definitions,
respectively. (First Reading February
23, 1994)
Planning Director Hardisty provided
background information.
Motion byRowles to refer this back to
Urban Development Committee and bring
back to the Council Meeting of April
6, 1994.
0RD3586
WITHDRAWN
Motion by DeMond to adopt Ordinance.
APPROVED
NS ROWLES
Amendment No. 3 to Lease Agreement No.
88-45 with the Bakersfield Senior
Center, Inc. for an additional one
year of storage facility use at 530
4th Street. (Ward 1)
AGR 94-47
Bakersfield, California, March 23, 1994 - Page 10 ~ ~
11. DEFERRED BUSINESS continued
ACTION TAKEN
be
Edwards announced his absence on this
item.
Motion by McDermott to approve Agree-
ment, based on staff information from
the Administrative Report.
APPROVED
ABEUWARD$
12. NEW BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-17 by changing the zoning
of 3.49 acres from A to R-3, generally
located east of the realignment of Old
River Road, approximately 700 feet
south of Campus Park Drive and
immediately north of the southern
Pacific Railroad right-of-way. (Zone
Change 5541) (Ward 4)
ba
Ordinance amending Subsectlon B. (11)
of Section 16.32.060 of the Bakersfleld
Municipal Code relating to the require-
ment to underground utilities in sub-
divisions for which a final tract map
is required.
Ordinance amending Section 10.80.050 of
the Bakersfield Municipal Code deleting
the prohibition against roller skating
on the Kern River Bicycle Trail.
(Wards 2, 4 & 5)
A phone message was received from Pat
Bengs in opposition to allowing roller
skating on the Bike Path.
FR
FR
FR
13. COUNCIL STATEMENTS
Salvaggio thanked staff for updates on
traffic signal installation at Panama
Lane and South H.
$alvaggio referred to Legislative and
Litigation Committee, with copies to
Council, the Los Angeles Times article
regarding the State Assembly Bill on
impounding vehicles involved in prosti-
tution crimes.
Bakersfield, California, March 23, 1994 - Page 11
13. COUNCIL STATEMENTS continued
ACTION TAKEN_
Brunni read and referred to staff for
response, correspondence from Elk Hills
van poolers, dated March 21, 1994, request-
ing the "No Parking" signs at Allen Road/
Stockdale Highway be removed; directed staff
to remove the "No Parking" signs until the
issue can be resolved further; and asked
staff, city Manager Tandy or City Manager's
Office, to meet with the constituents and
van poolers.
Brunni referred to Urban Development
Committee vanpooling arrangements and
parking on public streets.
Brunni requested staff review the history
of the sink hole at Brundage/Chester Avenue
and report back to Council.
Brunni requested staff clarify to the Board
of Supervisors an error in a memo from Kern
County Administration Officer Joe Drew
regarding the June ballot.
Brunni referred to Economic Development
Comm;ttee correspondence from P.G.& E.,
dated March 11, 1994, regarding proposed
changes to gas rates before the Public
Utilities Commission; and requested staff
to obtain an Application/Plan for review.
Brunni requested staff to review the article
in the ValleyAir News from the Air Pollution
Control District entitled "Model Air Quality
Element" regarding land use policies.
Brun~i referred to staff correspondence from
Treasure Cove G~rdens, dated March 16, 1994,
regarding the lease at 7701 Brimhall Road
for distribution to Council.
Brunni requested staff provide her with a
legible copy of the backup material attached
to a memo from Acting Public Works Director
Kloepper, dated March 14, 1994.
Bakersfield, California, March 23, 1994 - Page 12 ~ ~
13. COUNCIL STATEMENTS continued
ACTION TAKEiN
Brunni referred to staff correspondence
from Dave and Terry Livengood protesting
formation of a landscape maintenance dis-
trict at Stockdale Highway/Gosford Road,
and asked that she be provided with infor-
mation regarding the possible formation of
this district.
Brunni referred to Benefits Technician
Rubin correspondence from the County on
dental care.
Edwards referred to staff League of Califor-
nia Cities article on AB13 regarding smoking
and tobacco control to research and provide
additional information to Council.
Edwards requested staff locate and distri-
bute to Council an article on a workshop
in Pasadena on neighborhoods.
Rowles thanked Police Chief Brummer for
their response regarding a missing child.
Rowles referred to staff the Street Undula-
tion Program (speed bumps) at Kleinpell and
requested staff respond quickly to implement
the program and keep him apprised.
Smith commented on the safety issue of
removing graffiti. Police Chief Brummer
provided an update on graffiti-related
arrests.
14. ADJOURNMENT
Motion by McDermott at 9:45 p.m.
ATTEST:
APPROVED
MA he City of Bakersfield, CA
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA