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HomeMy WebLinkAbout10/06/1993 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 6, 1993 SPECIAL ME~TING- 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKF. N Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith, Brunni, Rowles, Salvaggio None Present: Absent: Planning Commissioners Hersh, Messner, Andrew (seated at 5:20), Delgado, Powers, (seated at 5:20), Rosenlieb, Marino, Slocumb None Motion by DeMond to add Closed Session Item 2. that arose after the Agenda was prepared and requires action tonight. APPROVED Motion by DeMond to recess to Workshop and then Closed Session at 5:20 p.m. APPROVED CITY COUNCIL/PLANNING COMMISSION JOINT WORKSHOP. (Annex Basement Conference Room) The City Council and Planning Commission addressed issues of concern, including conduct at meetings, differences of opinion, treatment of public speakers and their rights, proper order and decorum of meetings, legal advisors and opinions and conflicts of interest. CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(c) regarding potential litigation. CITY ATTORNL~ DIRECTED TO PROCEED ON ONE PART, WITH THE OTHER PART TO COME BACK T~ OCR~R 27, 1993 MEETING. Bakersfield, California, October 6, 1993 - Page 2 CLOSED SESSION continued ACTION TAKI:N Closed Session pursuant to Government code Section 54956.9(o) regarding potential litigation. Motion by DeMond to adjourn Closed Session at 6:58 p.m. NAT APPROVED REGULAR MEETING- 7:00 P.M. INVOCATION by Mayor Price PLEDGE OF A' ' r:GIANCE ROLL CAU. Present: Absent: - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 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 Pages 1 and 2. PRESENTATIONS Mayor Price presented an Excellence in Financial Reporting plaque to Sandra Jiminez, Finance Department. City Manager Tandy commended Finance Director Klimko and his staff. PUBUC STATEMENTS Dave Urner, Sister City Project Corpor- ation President, spoke regarding Sister City relationship and asked Council to appoint a committee to review benefits, cultural advantages and new opportun- ities for expanding Bakersfield's Sister City program. McDermott referred the issue to Economic Development Ad Hoc Committee. Bakersfield, California, October 6, 1993 - Page 3 7. APPOINTMENTS ACTION TAKEiN 8e CONSENTCALENDAR ao Voucher Nos. 1541 to 2141 inclusive, in the amount of $5,688,425.59 and Self Insurance Voucher Nos. 349 to 466 inclusive, in the amount of $91,995.67. Minutes of the Workshop, Closed Session and Regular Meeting of September 22, 1993. Communication has been received from Barbara Don Carlos, BIA of Kern County/ Fair Housing Advisory Committee Chair, providing the 1992-93 Fair Housing Advisory Committee Annual Report. (Receive and place on file) de so Exchange of Deeds with Community Construction, represented by Simpson- VanCuren, which adjusts the boundaries of a five-acre park site located adjacent to Saddle Drive (Tevis Ranch area). (Ward 4) Notices of Completion and acceptance of work: Contract No. 93-98 with Hawkins Company for Development Services Building second floor restrooms, completed August 31, 1993. Contract No. 93-34 with A-C Electric Company for traffic signal modification on Union Avenue at 30th/Pacific Streets, completed September 17, 1993. 3 o Contract No. 92-104 with Valley Land Ventures, Inc. for Tract No. 5441, Phase A, landscaping, located on the northeast corner of Hageman Road and Jewetta Avenue, completed September 20, 1993. DEED 3783 DEED 3784 Bakersfield, California, October 6, 1993 - Page 4 8. CONSENTCALENDAR continued ACTION TAKE:N eo 4o ha Contract No. 93-57 with Riverlakes Ranch, Ltd. Partnership for Tract No. 5478, located northeast of the intersection of Southshore Drive and Riverlakes Boulevard, completed September 23, 1993. Contract No. 92-238 with Castle & Cooke Silver Creek, Inc. for Tract No. 5617, landscaping, located on the north side of Spring Creek Loop and east of Harris Road, completed September 18, 1993. Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transport- ation Development Act Funds for FY 1993-94. Tract Maps and Improvement Agreements: West Kern Corporation for Tract 5441, Phase C, located east of Jewetta Avenue and south of Noriega Road. (Ward 4) 2 o Coleman Homes, Inc., for Tract 5151, Phase II; and Tract 5152, Phase II, located approximately 600 feet south of Hageman Road, east of Main Plaza Drive. (Ward 4) Assignment of Sublease at former Wastewater Treatment Plant No. 1 to Grapevine Radio, Inc. for operation of a radio transmission facility (Brandon- Robison Broadcasting, Elgee Broadcast- ing, Salem Communications). (Ward 1) Rescind Contract No. 93-16 awarded to McLaughlin Construction January 6, 1993 for 4th Street culvert extension at the Kern Island Canal and accept bid to award Contract to the second low bidder, Griffith Company ($61,000). (Ward 1) RES 157-93 AGR 93-208 AGR 93-209 AGR 93-210 AGR 93-211 CON 93-212 Bakersfield, California, October 6, 1993 - Page 5 8. CONSENTCALENDAR continued ACTION TAKEiN Accept bid to award Contract to S.A. Camp Pump Co. ($140,500) for drilling, casing and pump testing, furnish and install deepwell turbine pump and motor, deepwell abandonment, piping, electrical and miscellaneous, at Ashe Water Well No. 1, located at Ashe Road and Club- view Drive, for Water & Sanitation Departments. (Ward 5) Appropriate $50,000 developer's advances to the Public Works Capital Improvement Budget in Assessment District No. 93-2 Fund. (Stine/Harris) (Ward 6) Motion by Brunni to adopt Items (a) through (k) of the Consent Calendar. CON 93-213 APPROVED HEARINGS Amendment to Conflict of Interest Code of the city of Bakersfield. No one spoke at hearing. Hearing closed. Motion by McDermott to approve. APPROVED 10. REPORTS City Manager Oral Report No. 6-93 regarding Proposed Unreinforced Masonry Incentive Program. Economic Development Director Wager presented an outline of the program, commencing November 8, 1993. Motion by DeMond to accept Report. APPROVED Bakersfield, California, October 6, 1993 - Page 6 10. REPORTS continued ACTION TAKEiN City Manager Oral Report No. 7-93 regarding Status of the Bakersfield Convention Center Hotel. City Manager Tandy presented a status report on the Bakersfield Convention Center Hotel, City incentives for undertaking this venture, costs and bond pool issues. Finance Director Klimko explained the process of bond pool funding. Motion by McDermott to accept Report. APPROVED 11 . DEFERRED BUSINESS so Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-31 by prezoning property southwest of Calloway Drive and Brim- hall Road (Calloway No. 6 Annexation). (Ward 4) (First Reading August 25, 1993 and Deferred September 8, 1993) Ordinance amending Sections 17.19.010 and 17.19.030, repealing Subsection E of Section 17.19.020, adding Subsections E and F to Section 17.19.020 and adding Section 17.19.040 to the Bakersfield Municipal Code relating to the RH (Residential Holding) Zone District. (First Reading September 22, 1993) Ordinance adding Renfro No. 3 Annexation to Ward 4, located south of Stockdale Highway, east of Renfro Road. (Ward 4) (First Reading September 22, 1993) Ordinance amending Sections 15.68.020 and 15.68.150 of the Bakersfield Municipal Code relating to Mobile Home Parks. (First Reading September 22, 1993) REMOVED FOR SEPARATE CONSIDERATION ORD 3564 ORD 3565 ORD 3566 Motion by Salvaggio to adopt Items a. NAT through d. of Deferred Business. Bakersfield, California, October 6, 1993 - Page 7 11. DEFERRED BUSINESS continued ACTION TAKEiN Item a. was removed for separate consideration. Motion by $alvaggio to adopt Items b., c. and d. of Deferred Business. APPROVED Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-31 by prezoning property southwest of Calloway Drive and Brim- hall Road (calloway No. 6 Annexation). (Ward 4) (First Reading August 25, 1993 and Deferred September 8, 1993) Planning Director Hardisty explained that prezoning is a preliminary step to requesting annexation and to annex lands which are not prezoned is not allowed. At the time it comes to Council for approval for annexation, the boundary determination can be made. David Sorenson, Charles Tingey Associ- ates, representing the property owner, spoke regarding annexing the property. Motion by Brunni to adopt Item a. of Deferred Business. ORD 3567 APPROVED Resolution, upon the appeal of Curtis G. Sparks, modifying the decision of the Planning Commission and approving Tentative Parcel Map No. 9548. (Deferred September 8 and 22, 1993) Planning Director Hardisty presented background information. Motion by Smith to adopt Resolution modifying conditions of approval and upholding the decision of the Planning Commission. RES 158-93 APPROVED Bakersfield, California, October 6, 1993 - Page 8 11. DEFERRED BUSINESS continued ACTION TAKEN Resolution pursuant to Section 4715 of the Revenue and Taxation Code of the State of California agreeing to parti- cipate in the Alternative Method for Distribution of Tax Levies and Collections and of Tax Sale Proceeds adopted by the County of Kern. (Property Tax Distribution/"Teeter Plan") Finance Director Klimko presented a summary of the Property Tax Distribution Plan. Motion by McDermott to not adopt Resolution. APPROVED 12. NEW BUSINESS ao Certificate of Sufficiency of Petition. (Assessment District No. 93-3, California/oak) (Ward 5) Resolution determining to undertake proceedings pursuant to Special Assess- ment and Assessment Bond Act for the construction and acquisition of improve- ments. (Assessment District NO. 93-3, California/Oak) (Ward 5) Resolution appointing Engineer of Work and authorizing Agreement for Assessment Engineering Services for Assessment District No. 93-3. (California/Oak) (Ward 5) Agreement with Wilson & Associates for consultant services for Assess- ment District No. 93-3. (California/ Oak) (Ward 5) Resolution appointing Attorney and authorizing Agreement for legal services for Assessment District No. 93-3. (California/Oak) (Ward 5) Agreement with Burke, Williams & Sorensen for legal services for Assessment District No. 93-3. (california/oak) (Ward 5) RES 159-93 RES 160-93 AGR 93-214 RES 161-93 AGR 93-215 Bakersfield, california, October 6, 1993 - Page 9 12. N~ BUSINESS continued ACTION TAKEN Motion by Rowles to consolidate Items a. through d. of New Business. APPROVED Motion by Rowles to adopt Items a. through d. of New Business. NAT McDermott requested the motion be amended to include referral to Budget & Finance Committee to review the Council Policy and review under what situations we use these assessment districts in our community and bring that back for Council Policy. Amended motion by Rowles to adopt New Business Items: a. Certificate of Sufficiency b. Resolution c. Resolution authorizing approval of Agreement d. Resolution authorizing approval of Agreement and refer to Budget & Finance Committee to review the Council Policy and review under what situations we use these assessment districts in our community and bring that back for Council Policy. APPROVED Resolution proposing Expansion No. of the boundaries of the southeast Metropolitan Bakersfield Incentive Area. (Ward i & 2) 4 Motion by Edwards to adopt Resolution. RES 162-93 APPROVED Resolution of Intention No. 1109 to establish Maintenance District NO. 1, Division 9, preliminarily adopting, confirming and approving Public Works Director's Report and setting December i & 15, 1993 for hearing protests to the proposed district. (Brimhall/ Verdugo) (Ward 4) Motion by Brunni to adopt Resolution APPROVED of Intention. Bakersfield, California, October 6, 1993 - Page 10 12. NEW BUSINESS continued ACTION TAKEiN go Independent Contractor's Agreement with Theodore A. Rado for biological services necessary to procure a Habitat Conservation Plan for the Northeast Sewer Trunkline, Phase I. (Ward 3) Smith was absent due to a conflict of interest. Motion by DeMond to approve Agreement. AGR 93-216 APPROVED ABS: MCDERMC~ BRUNNI AB: SMITH Energy Savings Programs for replacement of lighting fixtures at various City facilities and the cooling system at the Convention Center. Motion by McDermott to refer to Budget & Finance Committee. APPROVED 13. COUNCIL STATEMENTS Salvaggio referred to Budget and Finance Committee the issue of call boxes on the Kern River Bike Path, with Police Department generating the necessary funds and any additional funding to be provided through the Contingency Fund. Edwards referred to the Traffic Committee the study of a traffic signal at 8th Street and Chester Avenue. Edwards spoke of the City Council/Planning Commission Workshop held earlier tonight, and suggested asking the Planning Commission to submit something to Council that may be included in the goal setting plans. Edwards spoke of a hearing on October 27, 1993 for location of a scrap salvage yard on Daniels Lane and requested the perimeter for notice distribution exceed the 300-foot requirement. 93, Bakersfield, California, October 6, 1993 - Page 11 13. COUNCIL STATEMEN]'S continued ACTION TAKEiN Brunni disagreed with Edwards inviting Planning Commission to participate in Council goal setting. Brunni referred to Public Works correspond- ence received from Barbara Pensinger, 9313 Panama Road (Buena Vista No. 5), regarding a steep drop-off on the shoulder of a road near her home. Brunni referred to Police Department the October 1, 1993 minutes from the Bakersfield Memorial Hospital Sane/Sart Committee form- ing a Sexual Assault Response Team for the community. Brunni referred to City Manager correspond- ence received from Daphne H. Washington, Kern County Waste Management Department Director, dated September 28, 1993, to the Board of Supervisors recommending forming County Service Area No. 82 over the objections of the City; City Manager to respond to them in writing. Brunni referred to City Manager correspond- ence received from Richard Jennings, Chemex, dated September 27, 1993, reporting that their calls are not being returned; City Manager to refer to appropriate department for a response. Brunni referred to staff the issue of lobby speakers not being turned on at Planning Commission meetings. McDermott shared with Public Works communi- cation received from John E. Garretson to McDermott, dated October 1, 1993, commending the Streets Maintenance Division for their efficiency. McDermott referred to Public Works, Traffic Division, the horrendous traffic problem at Brimhall and Coffee Roads. Bakersfield, California, October 6, 1993 - Page 12 13. COUNCIL STATEMENTS continued ACTION TAKEN Mayor Price reminded Council of his invita- tion to participate in activities at the Business Conference. 14. ADJOURNMENT Motion by McDermott at 8:40 p.m. APPROVED MAY~R~f' the/City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA OCT6.MIN 11/17/93 9:05am