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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