HomeMy WebLinkAbout05/04/1994 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 4, 1994
WORKSHOP- 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers
McDermott (seated at 5:40),
Edwards, DeMond, Smith (seated
at 5:28), Brunni (seated at
5:34), Rowles, Salvaggio
None
ACTION TAKEN
2 o
VISTA PROGRAM.
Economic Development Director Wager provided
information regarding VISTA (Volunteers In
Service To America), a peace corp active in
fighting poverty in the community, and intro-
duced VISTA Volunteers: Louis Armitage; Bob
Chandler; Richard Temple, Bethany Services
Executive Director; Don Johnson, Bethany
Services; Lizette Swanson, Alliance Against
Family Violence; Sandra Collins, Alliance
Against Family Violence; Bill Drakos, Kern
Linkage Program of Desert Counseling Clinic;
Margaret Ricketts, Kern Linkage Program; Ken
Haff, Living Connections Executive Director;
Bonita Coyle, Living Connections; Manual
Villicaha, Acting Administrator, Kern County
Fair Housing Division; Dawn Hill, K.C. Fair
Housing, Marie Wall, Clinica Sierra Vista;
and Wanda Haskins, Clinica Sierra Vista.
Motion by DeMond to recess to Closed APPROVED
Session at 5:35 p.m.
Bakersfield, California, May 4 1994 - Page 2 ~ C~
CLOSED SESSION
ACTION TAKEiN
Public employee appointment pursuant to
Government Code Section 54957, regarding
the screening of candidates for the city
Attorney position.
Conference with Labor Negotiator pursuant
to Government Code Section 54957.6 1994
Labor Negotiations with City's Chief
Negotiator, Bill Avery, regarding the
General Supervisory Unit, Management Unit,
Blue & White Collar Unit, Fire Unit and Fire
Supervisory Unit.
Motion by Demond to adjourn Closed Session
at 6:57 p.m.
UPDATE
RECEIVED FROM
ODN~JLTANT; ~
UPDATE
RECEIVED;
COUNCIL GAVE
FURTHER
INSTRUCTION.~: ;
NAT
APPROVED
REGULAR MEETING - 7:00 P.M.
- Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Chaplain Ed Meissner,
PLEDGE OF AII r:GIANCE
ROLL CALL
Present:
Absent:
First Assembly of God Church
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles, Salvaggio
None
ACTION TAKEN
CLOSED SESSION ACTION
Mayor Price announced Closed Session
action as reflected on Page 1.
PRESENTATIONS
Mayor Price presented a proclamation
to Acting Public Works Director Fred
Kloepper, proclaiming May 15 - 21,
1994, as "National Public Works Week"
in the City of Bakersfield, recognizing
100 years of the American Public Works
Association.
Bakersfield, California, May 4, 1994 - Page 3
5. PRESENTATIONS continued
ACTION TAKE~
Mayor Price presented commemorative
medals to Battalion Chief Gary Hutton,
Captain Jim Shapazian, Fire Engineer
Steve Myers and Firefighter Steve Hamb-
ier, who participated in the efforts
to control the Malibu/Topanga firestorm.
Fire Captain Watts provided background
on the medals for heroic work.
PUBUC STATEMENTS
Annabelle Cahn, Executive Director,
Arts Council of Kern, spoke regarding
Cultural Needs Survey for Bakersfield
and distributed written material.
Mary Lou Cotton announced that May is
"Water Awareness Month" in the State
of California and spoke on the Kern
County Water Agency "Walk for Water
Fun Run" at Beach Park, Saturday,
May 21, 1994, 9:00 a.m. to Noon.
Bailey Abbott spoke regarding the
Griffith Company protest on bid
award procedures. (Item 8.m.)
Dennis Fox spoke regarding environ-
mental filing fee reform to Urban
Development.
The following individuals spoke
regarding the loitering ordinance
(Item 11.b.):
David Chipp; Misty Steagall and Tina
Perez, who also submitted a written
survey.
APPOINTMENTS
One (1) appointment to the Historic
Preservation Commission due to the
expiration of term of Louise Juracek
(Ward 6 appt), term expired March 30,
1994.
Motion by McDermott to appoint Francia
G. Hernandez, term expiring March 30,
1998.
APPROVED
Bakersfield, California, May 4, 1994 - Page 4
7. A~POINTM£NTS continued
ACTION TAKEN
Two (2) appointments to the Board of
Building Appeals due to the resigna-
tions of Gerald Towery and Robert F.
Stuhr.
First Ballot Votes ranked by preference:
Ward 1 Foster, Paynter, Cueto
Ward 2 Foster, Paynter, Cueto
Ward 3 - Paynter, Foster
Ward 4 - Cueto, Paynter, Foster
Ward 5 - Cueto, Foster, Paynter
Ward 6 - Cueto, Paynter, Foster
Ward 7 - Cueto, Foster, Paynter
Assistant City Clerk McCarthy announced
the two individuals receiving the high-
est number of votes were Anthony Cueto
and Phillip L. Foster.
Motion by Salvaggio to appoint Anthony
Cueto and Phillip L. Foster.
APPROVED
ABS EDWARDS
8 o
CONSENTCALENDAR
so
Voucher Nos. 8311 to 8834 inclusive,
in the amount of $2,498,598.92 and
Self Insurance Voucher Nos. 2101 to
2214 inclusive, in the amount of
$57,724.83.
Minutes of the Workshop and Regular
Meeting of April 20, 1994.
Notices of Completion and acceptance
of work:
Contract No. 93-121 with McKee
Electric Company for traffic
signal installation on Stockdale
Highway at Don Hart Drive (East),
main entrance to California State
University Bakersfield, completed
April 15, 1994.
Contract No. 93-246 with Granite
Construction Company for Ashe Road
at Harris Road box culvert and
intersection construction at the
Arvin-Edison Canal, completed
April 14, 1994.
Bakersfield, California, May 4, 1994 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKE~
so
go
Contract No. 93-245 with Safety
Electric Corporation for traffic
signal and lighting system in-
stallation on Niles and Virginia
Streets, completed April 20, 1994.
Contract No. 93-190 with Kaufman
and Broad of Southern California,
Inc. for Tract No. 5566, Phase III,
located on the west side of Jewetta
Avenue and north of Hageman Road,
completed April 12, 1994.
Contract No. 93-191 with Kaufman
and Broad of Southern California,
Inc. for Tract No. 5566, Phase II,
located on the west side of Jewetta
Avenue and north of Hageman Road,
completed April 12, 1994.
Plans and Specifications for:
Curb and gutter construction on O
Street, Dobrusky Drive area, Tulare
Street area, and Inyo Street.
(Wards 1 & 2)
Median landscape/irrigation
improvements along Calloway Drive
between Meacham Road and Hageman
Road. (Ward 4)
3. Convention Center Hotel·
4 o
Convention Center Hotel Ballroom
and Meeting Rooms.
Resolution allowing the exchange of
firearms with a registered Class 3
Dealer, James F. Wright.
Resolution of Application proposing
proceedings for annexation of terri-
tory to the City of Bakersfield
identified as Annexation No. 383,
Stine No. 10 Annexation located north
of McKee Road, east of Stine Road.
(Ward 6)
Agreement with Sutro & Co. for Under-
writing Services (Assessment District
93-3, California/Oak) (Ward 5)
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
DELETED
DELETED
RES 59-94
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 94-63
Bakersfield, California, May 4, 1994 - Page 6 ~
8. CONSENTCALENDAR continued
ACTION TAKEN
Agreement with Great Western Savings
Bank for deferred compensation plan.
Tract Maps and Improvement Agreements
with B and K One, Inc., for Tract 5669,
Unit A, northwest corner of Hageman Road
and Old Farm Road. (Ward 4)
Amendment No. 1 to City Cable Television
Franchise Agreement No. 93-129 with Cox
Cable-Bakersfield for extension of
franchise fees.
Amendment No. 1 to City Cable Tele-
vision Franchise Agreement No. 93-130
with Time Warner Entertainment L.P.
for extension of franchise fees.
Amendment No. 2 to Agreement No. 93-87
with Quad Engineering Inc., for
additional assessment engineering
services. (Assessment District No.
93-1, Northeast Sewer Project) (Ward 3)
Accept bid to award Contract to Turman
Construction Company, Inc. ($311,170)
for Coffee Road Water Main Extension
for Water & Sanitation Department,
extending the 20" water main on Coffee
Road from Brimhall Road north to Rose-
dale Highway. (Ward 4)
Transfer of $43,900 from Council
Contingency to the Personnel Division,
Operating Budget in the General Fund
for Health Care Consultant Services.
Donation of a trailer from Drug Abuse
Resistance Education (DARE) Inc. to
the Bakersfield Police Department for
the DARE Program to carry and display
DARE materials.
Motion by McDermott to adopt Items (a)
through (o) of the Consent Calendar, with
the exception of Items d.l., d.2., d.3.,
d.4., f. and 1.
AGR 94-64
AGR 94-65
AGR 94-66
AGR 94-67
AGR 94-68
REMOVED FOR
SEPARATE
CONSIDERATION
CON 94-69
APPROVED
Bakersfield, California, May 4, 1994 - Page 7
8. CONSENTCALENDAR continued
ACTION TAKE~
d. Plans and Specifications for:
Curb and gutter construction on 0
Street, Dobrusky Drive area, Tulare
Street area, and Inyo Street.
(Wards 1 & 2)
Motion by DeMond to adopt Item d.1. of the
Consent Calendar.
APPROVED
Plans and Specifications for:
Median landscape/irrigation
improvements along Calloway Drive
between Meacham Road and Hageman
Road. (Ward 4)
Motion by Brunni to adopt Item d.2. of
Consent Calendar.
APPROVED
Resolution of Application proposing
proceedings for annexation of terri-
tory to the City of Bakersfield
identified as Annexation No. 383,
Stine No. 10 Annexation located north
of McKee Road, east of Stine Road.
(Ward 6)
Brunni abstaining due to conflict of
interest because a relative owns
property in this area.
Motion by McDermott to adopt Item f. of
the Consent Calendar.
RES 60-94
APPROVED
ABS BRUNNI
Amendment No. 2 to Agreement No. 93-87
with Quad Engineering Inc., for
additional assessment engineering
services. (Assessment District No.
93-1, Northeast Sewer Project) (Ward 3)
Smith abstaining due to conflict of
interest because she owns property
in this area.
AGR 94-70
Motion by DeMond to adopt Item 1. of APPROVED
the Consent Calendar. ABS SMITH
Bakersfield, California, May 4, 1994 - Page 8
8. CONSENFCAL~NDAR continued
ACTION TAKEN
Motion by McDermott to add an Item that
arose after the Agenda was posted and
requires action tonight.
APPROVED
Motion byMcDermott to approve the
appropriation/transfer of $10,000 from
Council Contingency Fund made available
on a matching basis to the community to
initiate the process of purchasing the
Fox Theater.
APPROVED
NS EDWARDS
ROWLES
City Manager Tandy reiterated that there
would not be a release of the money until
a contractual agreement articulating the
status of the acquisition, stating the
parties involved, is returned for author-
ization by Council.
HEARINGS
Hearing to consider a Resolution on
Conditional Use Permit No. 5557 to
construct an 1,800 square foot addition
to an existing metal building for stor-
age of parts and equipment associated
with racing operations at Mesa Marin
Raceway. (Expansion to CUP No. 5216
that approved continued operation of
Mesa Marin Raceway) (Ward 3)
Planning Director Hardisty provided
background information.
Hearing opened.
Larry Collins, Mesa Marin Raceway,
spoke in support of staff recommend-
ation.
Hearing closed.
Substitute motion by McDermott to approve
the CUP upon staff certification of com-
pletion of Conditions 1 and 2.
RES 65-94
NAT
Motion by Smith to adopt Resolution
denying the CUP.
APPROVED
NS MCDERMO~TM
EDWARDS
SALVAGGIO
Bakersfield, California, May 4, 1994 - Page 9
9. HEARINGS continued
ACTION TAKE~
bo
Hearing to consider a Resolution find-
ing that certain weeds, debris and
discarded articles on the properties
listed below constitutes a public
nuisance and directing the Chief of the
Fire Department to abate such nuisance.
Ward 1: 339 S. Brown Street; 207
Clifton; West of 1003 N Street; 105
Clifton Street; 451 Brown; 1413 Murdock;
East of 1208 Murdock; 901 L Street;
Southeast corner Owens & Wilkins; South
of 522 S. Williams; 917 10th Street;
337 S. Haley; 318 S. Haley; 130 Clifton
Street; 201 Clifton Street; Northwest
corner DeWolfe & S. Brown.
Ward 2: 2301 B Street; East of 1620
Kentucky.
Ward 7: 1500 Pacheco Road, #60.
Hearing opened.
Fire Prevention Inspector DeMarco
announced a correction that the
properties have been abated and
the hearing is to approve recovery
of the costs.
Hearing closed.
Motion by Edwards to adopt Resolution
to recover costs, confirming the Report
of the Fire Chief.
RES 61-94
APPROVED
10.
REPORTS
City Manager Oral Report No. 7-94
regarding Update on Wastewater Master
Plan.
City Manager Tandy introduced Robert
Finn, Brown and Caldwell, who provided
a slide presentation.
NAT
Bakersfield, California, May 4, 1994 - Page 10
10. ~O~TS continued
ACTION TAKEN
be
Budget & Finance Committee Report No.
10-94 regarding Proposed Use of Funds
for Amendment No. 3 to Fiscal Year
1992-93 and Amendment No. 5 to Fiscal
Year 1991-92 Community Development Block
Grant (CDBG) Application.
Budget & Finance committee Report No.
11-94 regarding Proposed Use for Fiscal
Year 1994-95 Community Development Block
Grant (CDBG) Application.
Items 10. b. and c. were combined for
consideration.
Motion by McDermott to accept Reports
and authorize staff to publish Notices
of Proposed Use of Funds for Fiscal
Years 1992-93, 1991-92 and 1994-95.
APPROVED
AB BRUNNI
Mayor Price announced a recess at
9:01 p.m. and reconvened the meeting
at 9:08 p.m.
11. DEFERRED BUSINESS
Ordinance amending Subsections A., B.,
C. and G. of Section 3.20.120 of the
Bakersfield Municipal Code relating to
surplus supplies and equipment. (First
Reading April 6, 1994)
Motion by McDermott to adopt Ordinance.
0RD3590
APPROVED
bo
Ordinance adding Chapter 9.19 to the
Bakersfield Municipal Code relating to
loitering for purposes of drug-related
activities. (First Reading April 20,
1994)
Motion by Edwards to adopt Ordinance.
ORD 3591
APPROVED
Annual Contracts for type B asphalt
concrete to repair streets.
Motion by DeMond to reject all bids
and rebid the Contract with revised
specifications.
APPROVED
NS BRUNNI
SALVAGGIO
Bakersfield, California, May 4, 1994 - Page 11
12. NEW BUSINESS
ACTION TAKE_~N
Ordinance amending Section 2.04.030 of
the Bakersfield Municipal Code relating
to Parliamentary Law.
Acting City Attorney Skousen provided
background information to change from
Mason's Rules to Robert's Rules at
City Council meetings.
FR
Resolution of Intention No. 1116 call-
ing a public hearing for June 1, 1994
to determine whether public necessity,
health, safety or welfare requires
formation of an underground utility
district within designated area,
District NO. 2, Division 25, Oak Street.
(Wards 2 & 5)
Motion by DeMond to adopt Resolution
of Intention.
APPROVED
Resolution of Intention No. 1118 to add
territory to existing Maintenance
District No. 4, Division 5; adopting,
confirming and approving Public Works
Director's Report and setting a public
hearing on June 8, 1994 and June 29,
1994, for hearing protests on the
addition of territory and confirming
the 1994-95 Budget for Maintenance
District No. 4, Division 5 (Oswell).
(Ward 1)
Motion by Edwards to adopt Resolution
of Intention.
APPROVED
Resolution of Intention No. 1117 to
establish a Consolidated Maintenance
District; adopting, confirming and
approving the Public Works Director's
Report and setting a public hearing on
June 8, 1994 and June 29, 1994, for
hearing protests to the proposed con-
solidated district.
City Manager Tandy, Community Services
Manager Andersen and Parks Superintend-
ent Fabbri provided background inform-
ation, distributed written material
and presented a slide presentation.
Bakersfield, California, May 4, 1994 - Page 12
12. N~ BUSINESS continued
ACTION TAKEN
Brunni requested staff bring back
an accounting on Silver Creek.
Salvaggio requested staff explain why
there is a difference in totals from
the first presentation of April 6th
($1,726,000) and tonight's presentation
total ($1,750,000).
Brunni requested staff bring back an
accounting on Riverlakes and contact,
by phone, property owners with large
increases to inform them of the increase.
Motion by McDermott to adopt the
"tiered" benefit system, take the
$20,000 savings in administrative
costs and pass these savings to
those park districts which were
increasedby over $10 per year for
an R-1 assessment.
APPROVED
NS EDWARDS
DEMOND
SALVAGGIO
Assessment District No. 93-3, California/
Oak (Ward 5):
Resolution authorizing entry into
Acquisition Agreement with CalOak
Development for certain improve-
ments to Assessment District No.
93-3, California/Oak.
Resolution approving boundary map
and designating name of Assessment
District No. 93-3, California/oak.
Resolution of Intention No. 1115
to perform the work, make acquisi-
tions and order improvements to
Assessment District No. 93-3,
California/Oak.
Resolution preliminarily approving
Englneer's Report, appointing June
1, 1994 and June 29, 1994 to hear
public testimony for Assessment
District No. 93-3, California/Oak.
RES 62-94
AGR 94-71
RES 63-94
RES 64-94
Motion by Rowles to adopt Resolutions APPROVED
and approve Agreement.
2,99
Bakersfield, California, May 4, 1994 - Page 13
13 · COUNCIL STATEMENTS
ACTION TAKEIN
Mayor announced he had attended a Gang
Task Force meeting and that a summit
presentation to provide working solutions
to gangs will take place May 25, 1994.
Edwards referred to staff to research and
bring back a report on an article in the
April issue of Western Cities regarding a
program implementedby the City of Sacra-
mento and how they are responding better
to community needs.
McDermott announced he would be absent at
the Council meeting of May 18th due to
attending a celebration. at Houchin Blood
Bank.
Salvaggio advised City Manager and Public
Works he is still receiving traffic com-
plaints about Clair and O'Neil Streets and
that Chief Brummer indicated he would have
the area monitored.
Salvaggio requested Traffic Engineering
report back regarding:
1) The alleged parking problem on Houchin
Road off of South H Street; and
2) a complaint from citizens of why U-turns
on South H Street, in the same area, is
prohibited.
Salvaggio thanked staff for Public Works'
memo regarding 1993-94 Fiscal Year budget
cuts.
Brunni referred to staff a complaint from
Mrs. Millman regarding a traffic problem
on Shetland Drive.
Brunni requested a review of the Condition-
al Use Permit for Valley Wireless Cable.
Brunni reminded staff of the temporary
political signs being placed on streets
and asked that they be alert to ensure
compliance.
Bakersfield, California, May 4, 1994 - Page 14
13. COUNCIL STATEMENTS continued
ACTION TAKEiN
DeMond referred to Assistant City Manager
Stinson the follow up with Property Manage-
ment and Huntley Webb regarding purchase of
specific property located south of Bernard.
Rowles thanked Public Works for the prompt
response regarding information on Westholme
Drive.
Rowles thanked Budget & Finance Committee
and staff for the CDBG fund revisions.
DeMond asked why the speed bump on Park Way
was being delayed, as it is separate from
the Pilot Program; and requested clarifica-
tion on whether the intervals are 300 or
500 feet. Acting Public Works Director
Kloepper responded.
Rowles commented in support of the Speed
Bump Pilot Program.
Brunni commented on the Conditional Use
Permit for Mesa Marin and asked if Larry
Collins was authorized to act on behalf of
his father, the applicant. Planning Director
Hardisty responded.
Salvaggio requested the status of the Speed
Bump Pilot Program; asked if street standards
would then be developed; and that Parsons
Way be considered in Ward 7.
14. ADJOURNMENT
Motion by McDermott at 10:10 p.m.
APPROVED
MAYOR of' the City of Bakersfield,
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
MAY4 .MIN
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