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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 cX