HomeMy WebLinkAbout02/17/1993 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 17, 1993
WORKSHOP - 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,
Kane (seated at 5:20), Salvaggio
(seated at 5:25)
None
MESA MARIN.
City Manager Tandy introduced Administrative
Analyst Slater.
Administrative Analyst Slater gave an overview
of the Sports Complex uses, the economic
impacts on the City, provided a staff analysis
and recommended that the City make use of City
parks for sports events.
Councilmembers conducted a discussion on this
issue.
Brunni recognized Mary Sawyer, citizen's
Advisory Commission to Council, to speak.
Motion by McDermott to add a Closed Session
item that arose after the agenda was prepared
and requires action tonight.
APPROVED
closed Session pursuant to Government
Code Section 54956.9 regarding
litigation in the case of Shuford rs.
city of Bakersfield.
Motion by McDermott to recess to Closed APPROVED
Session at 6:05 p.m.
Bakersfield, California, February 17, 1993 - Page 2 14~
CLOSED SESSION
ACTION TAKEN
Performance Evaluation of city Attorney.
POSTPONED
TO THE MARCH
3RD MEETING
Closed Session pursuant to Government
Code Section 54956.9 regarding
litigation in the case of Shuford vs.
City of Bakersfield.
COUNCIL
AUTHORIZED A
SETTLEMENT
Motion by Brunni to adjourn Closed Session
at 6:55 p.m.
APPROVED
REGULAR MEETING -
1.
2.
3. ROLL CALL
7:00 P.M.
Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Reverend William Marlow, First Assembly of God
Church.
PLEDGEOFAIII=GIANCE by Den Leader Ron Hartman,
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond, Smith,
Brunni, Kane, Salvaggio
None
Scout Pack 90
ACTION TAKEN
CLOSED SESSION ACTION (if any)
Mayor Price announced the Closed Session
action as reflected on Page 2.
Mayor Price announced that Consent Calendar
Items 8.j.1. and 1. have been deleted and
Consent Calendar Item 8.b. has been amended.
5. PRESENTATION
PUBUC STATEMENTS
(Public Statements continued on Page 9)
7. APPOINTMENTS
Bakersfield, california, February 17, 1993 - Page 3
8. CONSENTCALENDAR
ACTION TAKEN
Approval of Voucher Nos. 6081 to 6505
inclusive, in the amount of
$1,095,009.75.
Minutes of the Workshop and Regular
Meeting of February 3, 1993.
Communication from:
William Rieken, dated January 29,
1993, opposing rezoning the corner
of Ming and Gosford from R-2 to C-2.
(Receive and refer to Planning
Commission)
Sherry Simpson, dated February 1,
1993, opposing rezoning the inter-
section of Ming and Gosford from
Residential to Commercial.
(Receive and refer to Planning
Commission)
Mr. & Mrs. C. Harvey Campbell, Jr.,
dated February 2, 1993, opposing
construction of a shopping center
at Ming and Gosford.
(Receive and refer to Planning
Commission)
so
Full Reconveyance for home improvement
loan for Ollye Matlock (601 S. Williams).
(Ward 1)
Notices of Completion and acceptance of
work for:
Contract No. PW92-72 with Tri-County
Elevator Co., Inc., for City Hall
elevator passenger retrofit project,
completed December 24, 1992.
Contract No. 92-151 with Antelope
Valley Signal, Inc., for traffic
signal modification on L Street at
Truxtun Avenue, completed January
29, 1993.
DEED 3658
Bakersfield, California, February 17, 1993 - Page 4 ~
8. CONSENTCALENDAR continued
ACTION TAKEN
so
10.
Contract No. 92-198 with A-C
Electric Company for traffic signal
installation on Panama Lane at Wible
Road, completed January 25, 1993.
Contract No. 92-158 with Community
Construction, Inc., for Tract No.
5287, landscaping, north of College
Avenue and west of Fairfax Road,
completed January 22, 1993.
Contract No. 91-260 with Castle &
Cooke Development Corporation for
Tract No. 5386, Phase A, landscaping,
southeast of Brimhall Road and
Calloway Drive, completed January 21,
1993.
Contract No. 91-242 with Truxtun
Management Corporation for Tract
No. 5389, Phase I, landscaping,
southeast of Berkshire Road and
Akers Road, completed February 1,
1993.
Contract No. 92-83 with Coleman
Homes, Inc. for Tract No. 5389,
Phase 4, landscaping, southeast
of Berkshire Road and Akers Road,
completed February 1, 1993.
Contract No. 92-20 with Tract 5445
Partners for Tract No. 5445, Phase
1, landscaping, Meacham Road east
of Calloway Drive, completed
January 27, 1993.
Contract No. 91-262 with Castle &
Cooke Development Corporation for
Tract 5489, Phase A, landscaping,
northeast of Allen Road and Brimhall
Road, completed January 21, 1993.
Contract No. 92-18 with The DeWalt
Group, Inc., for Tract No. 5573,
Phase 1, landscaping, Meacham Road
east of Calloway Drive, completed
January 27, 1993.
Bakersfield, California, February 17, 1993 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
e. 11.
Contract No. 92-257 with S.A. Camp
Pump Company to furnish and install
deepwell turbine pump and motor for
Ashe Water Well No. 2, District Blvd.
near Armstrong Street, completed
February 3, 1993.
12.
Contract No. 92-258 with Total
Oilfield Services to furnish and
install concrete block pumphouses
for Ashe Water Well Nos. 2, 8 and
23, District Blvd. near Armstrong
Street; District Blvd., east of
Ashe Road; and Camino Media and
Old River Road, completed February
3, 1993.
13.
Contract No. 92-196 with Farm Pump
and Irrigation Company to furnish
and install deepwell turbine pump
and motor for Ashe Water Well No.
23, on Camino Media at Old River
Road, completed February 3, 1993.
Plans and Specifications for:
New elevator and installation of
second floor restroom facilities
at Development Services Building,
1715 Chester Avenue. (Ward 2)
California Avenue median
reconstruction between Mohawk
Street and Real Road. (Ward 5)
Resolution of Application proposing
proceedings for annexation of territory
to the city of Bakersfield identified
as Annexation No. 373, Coffee No. 1
Annexation, located north of Rosedale
Highway along the east side of Coffee
Road center line. (Ward 4)
Resolution specifying that Stine No. 9
Annexation shall, upon annexation, be
included within the Greater Bakersfield
Separation of Grade District when
contiguous thereto, and setting hearing
for March 24, 1993 for objections thereto.
(Ward 4)
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
RES 25-93
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, February 17, 1993 - Page 6 ~
CONSENT CAIFNDAR continued
ACTION TAKEN
Resolution specifying that Brundage No.
4 Annexation shall, upon annexation, be
included within the Greater Bakersfield
Separation of Grade District when
contiguous thereto, and setting hearing
for April 14, 1993 for objections thereto.
(Ward 1)
j. Tract Map and Improvement Agreements:
Delfino Brothers for Tract 5528,
Unit 1, southeast of Panama Lane
and Akers Road. (Ward 6)
Coral Keys Limited Partnership for
Tract 4957, Unit 2, Harris/Ashe
Roads. (Ward 6)
J. L. Gray Companies for Tract
5602, Unit A, northeast of
Brundage Lane and Leeta Street.
(Ward 1)
Program Supplement No. 009 with the
State of California for Coffee Road
Bridge at Cross Valley Canal. (Ward 4)
Agreement with Kern High School District
for lease of Central and Jefferson Pools.
(Ward 2)
Reject all bids for construction of
storm drain on F Street between Truxtun
Avenue and 21st Street. (Ward 2)
Accept low bid from Berchtold Equipment
Company for one replacement 4-wheel
drive backhoe loader ($47,133.16, Parks
Division).
o. Reject bid from Rain For Rent, Inc.,
for trailer-mounted water pump
(replacement).
Appropriate $140,000 County contribution
to the Sanitation Operating Budget in
the Refuse Fund.
Motion by McDermott to adopt Items (a)
through (p) of the Consent Calendar with the
exception of Items f.l., f.2. i., h. and an
amendment to Item b., Page 7.
REMOVED FOR
SEPARATE
CONSIDERATIC~
DELETED
AGR 93-37
AGR 93-38
AGR 93-39
AGR 93-40
DELETED
APPROVED
Bakersfield, california, February 17, 1993 - Page 7
8. CONSENTCALENDAR continued
ACTION TAKEN
Plans and Specifications for new
elevator and installation of
second floor restroom facilities
at Development Services Building,
1715 Chester Avenue. (Ward 2)
Motion by DeMond to adopt Item
f.1.
APPROVED
NS BRUNNI
Plans and Specifications for
California Avenue median
reconstruction between Mohawk
Street and Real Road. (Ward 5)
Motion ~ Kane to not adopt Item.
f.2.
WITHDRAWN
Motion by Kane to refer Item f.2.
to staff.
APPROVED
no
Resolution specifying that Stine No. 9
Annexation shall, upon annexation, be
included within the Greater Bakersfield
Separation of Grade District when
contiguous thereto, and setting hearing
for March 24, 1993 for objections thereto.
(Ward 4)
Brunni was absent due to conflict of
interest.
Motion by McDermott to adopt Item h.
RES 26-93
APPROVED
AB BRUNNI
Resolution specifying that Brundage No.
4 Annexation shall, upon annexation, be
included within the Greater Bakersfield
Separation of Grade District when
contiguous thereto, and setting hearing
for April 14, 1993 for objections thereto.
(Ward 1)
McDermott and Smith were absent due to
conflict of interest.
Motion by Edward to adopt Item i.
RES 27-93
APPROVED
ABMCDERMOTT
SMITH
Bakersfield, California, February 17, 1993 - Page 8
9. HEARINGS
ACTION TAKEN
Appeal by Dixie J. Kemp of the decision
of the Board of Zoning Adjustment
approving the request for modification
allowing the replacement of a 65-foot
amateur radio tower with a 90-foot
amateur radio tower which is 25 feet
over the permitted height at 4301
Garnsey Lane. (Ward 5)
Communication has been received in
opposition to the appeal from:
Carl Park, County of Kern Information
Systems Department, dated January 26,
1993; Alex M. Coulter, amateur radio
operator, received January 27, 1993;
Donald Pipkin, ARES - Races Emergency
Coordinator for West Kern County,
dated February 3, 1993; Stanley A.E.
Harter, State of California Office of
Emergency Services; Robert B. Tucker;
and M.W. Puette, counsel for Carl Hicks.
Planning Director Hardisty provided
background information.
The following individuals spoke in
opposition to staff recommendation:
Rachel Kamen; May Sade; Mike Simmons;
Gloria Gong, counsel for Dixie Kemp.
The following individuals spoke in
support of staff recommendation:
Bill Puette, counsel for Carl Hicks;
Orvill Geyser; Stanley Harter; Irma
Carson and Don Pipkin.
The following individuals spoke in
rebuttal:
Gloria Gong; Bill Puette, counsel
for Carl Hicks; Alex Coulter; Ed
Smith; Richard Salkink and Stanley
Harter.
Hearing closed.
Motion by Kane to adopt Resolution
upholding the decision of the Board
of Zoning Adjustment granting the
requested modification.
ZON RES 415
APPROVED
NS BRUNNI
Bakersfield, California, February 17, 1993 - Page 9
6. PUBUC STATEMENTS continued
ACTION TAKEN
Mayor Price announced a five minute recess at
8:20 p.m.
Mayor Price reconvened the meeting at 8:25 p.m.
Motion by Edwards to allow Mary Sawyer to
address the Council.
APPROVED
Mary Sawyer spoke regarding a non-profit
organization called "Dwelling in Unity"
and requested Council's assistance in
acquiring property, located at 2300 S.
Union Avenue, for a homeless shelter.
Motion by McDermott to refer issue to staff
and staff to refer to committee.
(Public Statement continued on Page 13)
APPROVED
HEARINGS continued
Appeal by Martin W. Barnes of the
decision of the Board of Zoning
Adjustment denying the request for a
conditional use permit to allow
expansion of existing cocktail lounge
with entertainment at 5700 Stine Road.
(Ward 6)
Planning Director Hardisty provided
background information.
Martin Barnes, lounge property owner,
spoke in opposition to the staff
recommendation.
The following individuals spoke in
support of the staff recommendation:
Karen Wertz and Debra Rosenlieb.
The following individuals spoke in
rebuttal:
Martin Barnes and Debra Rosenlieb.
Hearing closed.
Motion by McDermott to grant the
conditional use permit allowing
expansion with conditions.
ZON RES 413
FAILED
NS DEMOND
SMITH
KANE
SALVAGGIO
Bakersfield, California, February 17, 1993 - Page 10 ~
9. HEARINGS continued
ACTION TAKEN
Motion by Smith to adopt Resolution
upholding the decision of the Board of
Zoning Adjustment denying the conditional
use permit.
APPROVED
Appeal by William M. Morris of the
decision of the Board of Zoning
Adjustment approving the request for
oonditional use permit to allow a
printing facility and modification for
the reduction of the required 27 parking
spaces to 21 spaces at 1101 1039 l?th
Street. (Ward 2)
No one spoke at hearing. Hearing closed.
Motion by DeMond to adopt Resolution
overturning the Board of Zoning Adjust-
ment's approval of the conditional use
permit and modification.
ZON RES 414
APPROVED
AB BRUNNI
10.
REPORTS
Report No. 2-93 from Budget and Finance
committee regarding Request for Ambulance
Rate Increase.
Resolution establishing ambulance
service charges.
Brunni was absent due to conflict of
interest.
Motion by McDermott to accept Report
and implement recommendations.
RES 28-93
APPROVED
NS SMITH
SALVAGGIO
AB BRUNNI
Bakersfield, California, February 17, 1993 - Page 11
10. REPORTS continued
ACTION TAKEN
Water Board Report No. 1-93 regarding
State Water Resources Control Board
Draft Decision 1630.
Motion by McDermott to accept Report
and draft a letter for signature by the
entire Council.
NAT
Amended motion by Edwards to accept
Report with modification to the prepared
letter for the entire Council to sign
and forward it to Mr. Pettit and the
Governor.
APPROVED
McDermott requested that the letter
be sent not only to Mr. Pettit and the
Governor but should also be sent to the
rest of the persons on the distribution
list, which was accepted as part of the
motion.
11. DEFERRED BUSINESS
ao
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-31 by changing the zoning
of 37 gross acres located south of
Brimhall Road, north of the Kern River
and between the existing and proposed
alignments of calloway Drive from A-20A
and R-S to R-1 (One Family Dwelling).
(Ward 4)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 103-13 by changing the zoning
of 18.2 acres generally located east
of Royal Oak Drive, north of Auburn
Street and south of Panorama Drive from
a P.U.D. Zone to R-l, R-2 and R-3 Zones.
(Ward 3)
ORD 3509
ORD3510
Motion by Brunni to adopt Items a. and APPROVED
b. of Deferred Business.
150
Bakersfield, California, February 17, 1993 - Page 12
11. DEFERRED BUSINESS continued
ACTION TAKEN
Non-renewal of Agreement NO. 88-46,
amended by Agreement No. 90-197, with
Frank and Virginia Collins for lease of
Bakersfield Municipal Sports Complex
(Mesa Marin). (Ward 3)
The following individuals spoke:
Steve Evans, Dave Seidlitz and Frank
Collins.
Motion by Smith to not renew Agreement.
APPROVED
NS MCDERMO~.P
SALVAGGIO
Motion by Brunni to allow Mary Sawyer
to address the Council.
APPROVED
Mary Sawyer requested that the Council
reconsider their decision to cancel and
refer to citizen's Advisory Committee
for further review and to negotiate with
Mr. Collins on another party for a lease
of the complex.
12 . NEW BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 101-24 by prezoning property
south of Hageman Road between Old Farm
Road and Jewetta Avenue (Hageman No. 1
Annexation). (Ward 4)
Ordinance amending Section 1.12.070 of
the Bakersfield Municipal Code relating
to ward boundaries. (Ward 7)
Amendment No. 3 to Agreement No. 90-165
with Brown, Waits and Armstrong Account-
ancy Corporation for auditing services.
Motion by McDermott to refer this item
to the Budget and Finance Committee.
FR
FR
APPROVED
do
Establishment of an Economic Development
committee.
Motion by McDermott to form an Ad Hoc
Economic Development Committee with
membership of Mayor Price, Council-
members Brunni and McDermott.
APPROVED
NS EDWARDS
15i
Bakersfield, California, February 17, 1993 - Page 13
6. PUBUC STATEMENTS continued
ACTION TAKEN
Motion by Salvaggio to allow Frank
Collins to address the Council.
APPROVED
NS EDWARDS
SMITH
Frank Collins spoke regarding the
Bakersfield High School Drillers'
baseball tournament in March.
12. NEWBUSINESS continued
e. Budget meetings schedule.
Motion by Edwards to meet four days of
3 hours each: two mid-day sessions and
two evening sessions.
FAILED
NS MCDERMOTT
SMITH
BRUNNI
KANE
SALVAGGIO
Amended motion by Brunni on the
following dates: May 19 and June 16
(5 to 9 p.m), May 17, May 24, June
14, June 17 (noon to 5 p.m.)
FAILED
NS EDWARDS
SMITH
KANE
SALVAGGIO
Motion by Smith to defer 2 weeks.
FAILED
NS MCDERMOTT
EDWARDS
DEMOND
BRUNNI
KANE
SALVAGGIO
Motion by McDermott to schedule the
following date: May 17 (noon), May 19
(5:00 p.m.), May 24 (noon), June 14
(noon); and June 16 (5:00 p.m.) and
June 17 (noon), if needed.
APPROVED
NS EDWARDS
13. COUNCIL STATEMENTS
Smith referred to staff the issue of
consolidating maintenance districts, with
the possibility of including parks, to
provide uniform costs.
152
Bakersfield, California, February 17, 1993 - Page 14
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Motion by Smith to refer to Legislative
and Litigation Committee limiting the cost of
Council campaign contributions, to $100 per
(person, group) for the entire campaign.
APPROVED
Brunni referred to Public Works the issue of
a street light needed at the corner of
Reliance and Panama, with a report back to
Council.
Brunni referred to the City Attorney the
issue of assisting with the public utilities
complaint for the citizens in Campus Park.
Motion by Brunni to refer to the Citizen's
Park and Recreation Advisory Committee and
Community Services Committee the issue of
recreational programs, to be investigated
fully and reported to staff and Council.
APPROVED
Edwards requested the Council call a press
conference and publicly make a statement
on the City's stand on the Ku Klux Klan
Parade.
Mayor Price set the time of the conference
for Monday, February 22, 1993 at 2:00 p.m.
at City Hall.
DeMond referred to staff the issue of the
outside lighting at the stairway of City
Hall and security of the hallway next to
the Chambers.
14. ADJOURNMENT
Motion by Brunni at 11:05 p.m.
MAYOR~f ~C~ty of Bakersfield,
ATTEST:
APPROVED
CA
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
nss 3/ 8/93 9:05am