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