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HomeMy WebLinkAbout03/03/1993 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 3, 1993 WORKSHOP - 5: 15 1. ROLL CALL P.M. - Council Chambers, City Hall 1501Truxtun Avenue, Bakersfield ACTION TAKEN Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Brunni, Kane, Salvaggio None Smith, BUDGET. City Manager Tandy spoke regarding the budget process, involving employees' ideas to alleviate the budget crisis; requesting departments to down-size their operating budget by 5%, 10% & 15%; preparation of revenue report; contributions to community organizations; Golden Handshake Program; Capital Improvement Programs; temporary employee wages; Gas Tax Fund and Street Maintenance Programs; cost recovery of fees for: Transient Occupancy Tax (Hotel Tax), Police Reports, Sanitation Fund, Cable TV Franchise, Utility User's Tax; Assessment Districts for crossing guards and street lighting; and City-Wide Parks Maintenance Costs. Motion by McDermott to recess to Closed Session at 5:45 p.m. APPROVED CLOSED SESSION 1. Performance Evaluation of City Attorney. PERFORMANCE ~VALUATION RAISE WAS GIV~ Motion by Brunni to adjourn Closed Session APPROVED at 6:55 p.m. Bakersfield, California, March 3, 1993 - Page 2 REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Councilmember Brunni. 2. PLEDGE OF A' ' ;GLANCE 3. ROLL CALL Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Brunni, Kane, Salvaggio None Smith, ACTION TAKEN CLOSED SESSION ACTION Mayor Price announced the Closed Session action as reflected on Page 1. PRESENTATION 6. PUBUC STATEMENTS 7. APPOINTMENTS CONSENTCALENDAR Approval of Voucher Nos. 6506 to 7093 inclusive, in the amount of $1,504,517.73 and Self Insurance Voucher Nos. 1714 to 1884 inclusive, in the amount of $79,786.83. Minutes of the Workshop, Closed Session and Regular Meeting of February 17, 1993. Communication has been received from Burton H. Armstrong, Brown, Waits & Armstrong Accountancy Corporation, submitting the 1991-92 Management Responses to External Auditor Management Letter. (Receive and refer to Budget & Finance Committee) 155 Bakersfield, California, March 3, 1993 - Page 3 8. CONSENTCALENDAR continued ACTION TAKEN Notices of Completion and acceptance of work for: Contract No. 92-221 with Baymarr Constructors, Inc., for Kern Island Canal culvert extension at Union Avenue; Stine Canal culvert extension at Stine Road; and Farmers Canal culvert at Harris Road, completed February 17, 1993. Contract No. PW92-73 with Loop Electric for conduit installation and pull boxes at 21st and M Streets, completed February 5, 1993. Contract No. 90-288 with Cambridge Properties for Tract No. 4957, Phase 1, landscaping, northeast of Ashe Road and Harris Road, completed February 17, 1993. 4 o Contract No. 91-130 with Castle & Cooke Development Corporation for Tract No. 5217, landscaping, northwest of Ming Avenue and Grand Lakes Blvd., completed February 4, 1993. Contract No. 91-171 with Castle & Cooke Development Corporation for Tract No. 5218, landscaping, southwest of Ming Avenue and Grand Lakes Blvd., completed February 4, 1993. Contract No. 91-173 with Castle & Cooke Development Corporation for Tract No. 5220, landscaping, south of Ming Avenue and east of Grand Lakes Blvd., completed February 4, 1993. 7e Contract No. 92-224 with Glenwood Partners for Tract No. 5389, Phase 2, southeast of Berkshire Road and Akers Road, completed February 9, 1993. Bakersfield, California, March 3, 1993 - Page 4 ~5~ 8. CONSENTCALENDAR continued ACTION TAKEN 8. Contract No. 92-225 with Glenwood Partners for Tract No. 5389, Phase 3, southeast of Berkshire Road and Akers Road, completed February 9, 1993. Contract No. 85-195 with Mark D. and Barbara J. Farnum for Parcel Map No. 7563, north of Brundage Lane and west of Quantico Avenue, completed February 18, 1993. 10. Contract No. 91-266 with Deville Homes for Tract No. 5018 C, landscaping, north of Hageman Road and east of Fruitvale Avenue, completed February 11, 1993. 11. Contract No. 92-31 with Main Street Properties for Tract No. 5494, landscaping, north of Hageman Road and west of Verdugo Lane, completed February 8, 1993. Resolution approving the application for funds for the Transportation Enhancement Activities Program under the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 for Pedestrian Impediment Removal. First Amendment to Independent Contractor's Agreement No. PW92-69 with Zalco Laboratories, Inc. for storm water testing° Tract Map and Improvement Agreements: Centex Real Estate Corporation for Tract 5372, Unit One, between Calloway Drive and Verdugo Lane, north of Hageman Road. (Ward 4) Centex/Mangano Homes for Tract 5480, southeast of Riverlakes Drive and Olive Drive. (Ward 4) Brimhall Partners for Tract 5245, Phase 2, south of Brimhall Road and west of Harvest Creek Road. (Ward 4) RES 29-93 AGR 93-41 AGR 93-42 AGR 93-43 AGR 93-44 AGR 93-45 157 Bakersfield, California, March 3, 1993 - Page 5 8. CONSENTCALENDAR continued ACTION TAKEN no Award Contract to Findley Construction ($49,600) for Martin Luther King Community Center addition. (Ward 1) Accept low bid from Quinn Company for one replacement 4-wheel drive front loader ($69,120.48 - Streets Division). Accept low bid from Central Valley Truck Center for one additional refuse truck ($84,715.70 - Recycling Program). Award Contract to John Black Electric ($98,480.10) for traffic signal on White Lane and Monitor Street. (Wards 1 & 7) Authorization to receive and appropriate $10,000 from the Kern Council of Governments into the FY 1992-93 Community Development Operating Budget within the General Fund for the Baker Street Improvement Plan. (Ward 2) Appropriation of $6,000 from the Seized Property Account to the Police Department Budget in the General Fund for the acquisition of an Interactive Videodisc (IVD) System. Motion by McDermott to adopt Items (a) through (m) of the Consent Calendar. CON 93-46 CON 93-47 APPROVED 9. HEARINGS Appeal by Mary E. Neufeld, et al, of the Planning commission decision approving revised Tentative Tract 5505 consisting of 62 lots on 21.05 acres zoned R-l, generally located on the southeast corner of Reina Road and Jewetta Avenue. (Ward 4) Communication has been received in opposition of Planning Commission decision from: Mary E. Neufeld, received February 23, 1993; and Jim Strong, received February 23, 1993. Bakersfield, California, March 3, 1993 - Page 6 9. HEARINGS continued ACTION TAKEiN Correspondence has been received from Curt Carter, dated February 19, 1993, in support. The following individuals spoke in opposition: Mary Neufeld, Jim Strong, and Nick Dunn. Curt Carter spoke in support. The following individuals spoke in rebuttal: Nick Dunn (opposition); and Ken Kind (support). Motion by Brunni to adopt Subdivision Resolution No. 19 upholding the decision of the Planning Commission. APPROVED Conditional Use Permit to allow a temporary motorcross/motorcycle track for a one-year period (trlal basis only) with the possibility of a future time extension in an R-1 Zone at 7101 Alfred Hartell Highway. (Ward 3) Communication has been received in opposition from: Kenneth & Vida Hackman, dated February 18 & February 24, 1993; Gerald F. Helt, Helt Engineering, Inc., dated February 23, 1993; Daniel L. Rudnick, Attorney, dated February 26, 1993; The Moss Family, dated February 26, 1993; and Mr. & Mrs. R.E. Hollon, dated March 1, 1993. Planning Director Hardisty provided background information. The following individuals spoke in opposition: Gerry Helt, Helt Engineering; Patricia Bernal, Bernal Sheep Company. The following individuals spoke in support: Frank Reina; David Rogers; Jeff McCoy; Dave Ginn; and Terry Ortega, American Bicycle Association. 159 Bakersfield, California, March 3, 1993 Page 7 9. HEARINGS continued ACTION TAKEN The following individuals spoke in rebuttal (opposition): Carol Curtis; Glen Waldo; Debra Iger; and Lee Feliz; (support): Frank Reina and Dennis Fox. Motion by Smith to disapprove the Conditional Use Permit. APPROVED Mayor Price announced a five minute recess at 8:50 p.m. Mayor Price reconvened the meeting at 9:00 p.m. 10. REPORTS 11. DEFERRED 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) Motion by Brunni to adopt Items a. and b. of Deferred Business. ORD 3511 ORD 3512 APPROVED 12. NEW BUSINESS Ordinance amending Chapter 15.84 of the Bakersfield Municipal code relating to a transportation impact fee on all new development. (Wards I 7) Ordinance amending Section 2.04.070 of the Bakersfield Municipal Code relating to the order of business at city Council meetings. Ordinance amending Section 16.40.010 of the Bakersfield Municipal Code relating to pumping and exporting groundwater. FR FR Bakersfield, California, March 3, 1993 - Page 8 12. NEWBUSINESS continued Resolution recommending County of Kern adopt an ordinance to proteot developed lands overlying the groundwater basin from pumping and exporting of the groundwater from beneath those lands. Motion by Brunni to refer New Business Items c. and d. to the Intergovernmental Relations Committee. ACTION TAKEiN APPROVED Resolution authorizing deferral of assessment for a parcel within City of Bakersfield Assessment District No. 91-1 (Hosking Trunk Sewer). (Ward 6 & 7) Motion by McDermott to adopt Resolution. RES 30-93 APPROVED Resolution of Intention No. 1103 declaring the City's intention to establish Maintenance District No. 1, Division 8; confirming and approving Public Works Director's Report; setting the boundaries thereof; the fairness of the benefit formula; the amount of assessment levied against each parcel; the reservation of right to perform work by City forces and setting April 14 & 28 1993 for hearing protests on Maintenance District No. 1, Division 8. (northeast corner of Brimhall and Allen Roads) (Ward 4) Motion by McDermott to table this item. APPROVED Resolution of Intention No. 1104 declaring the city's intention to establish Maintenance District No. 5, Division 3; confirming and approving Public Works Director's Report; setting the boundaries thereof; the fairness of the benefit formula; the amount of assessment levied against each parcel; the reservation of right to perform work by City forces and setting April 14 & 28, 1993 for hearing protests on Maintenance District No. 5, Division 3. (South H Street and Hosking Road) (Ward 7) Motion by Salvaggio to adopt Resolution. APPROVED NS BRUNNI Bakersfield, California, March 3, 1993 - Page 9 13. COUNCIL STATEMENTS ACTION TAKEN Salvaggio requested Mayor, Council and City Manager receive copies of the letters from Assemblyman Jim Costa regarding Draft Decision 1630, and to the Water Resources Control Board. Salvaggio requested Mayor, Council and City Manager receive copies of slides presented by Kern County Administrative Officer Joe Drew regarding budget presentation. Salvaggio referred to CityAttorney the issue of Panama Lane and California Water Service bond issue problem and advise him on this. Salvaggio thanked staff, City Manager Tandy and Police Chief Brummer for the nice memo regarding the efforts on the graffiti issue. Salvaggio encouraged the City to visit the issue of a ballot initiative to require a tax on paint products to help pay for graffiti removal and an ordinance that requires businesses to place spray paint, markers, etc. behind locked enclosures. Brunni thanked Police Chief Brummer for allowing her to give him a lesson in playing the kazoo; for arranging for her to ride with police officers when there was a stake-out in her area; and the extent to which volunteers donate their time in the Police Reserves. Brunni referred to staff the issue of advising Council on how to convey to the courts the City's desire for mandatory sentencing of juveniles arrested for violations relating to graffiti. Brunni requested staff to examine the erosion of the Polo Grounds. Bakersfield, California, March 3, 1993 - Page 10 162 13. COUNCIL STATEMEN~ continued ACTION TAKEN McDermott thanked the Police Department for their hard work regarding the graffiti problem; encouraged the media to cover the arrests to discourage the people; and thanked Mayor Price for starting an education program in high schools regarding graffiti. Smith stated she received a letter compli- menting the City on the Graffiti Removal Program. Edwards spoke regarding graffiti and invited Police Chief Brummer to address the issue to Council. Police Chief Brummer spoke about a Metro- politan Bakersfield Program, a Prevention Program for juveniles, and an ordinance regarding this issue. Edwards advised developing an educational program on graffiti. DeMond referred to staff the issue of the impact on the City of the Gate Fee that becomes effective July 1, 1993. 14. ADJOURNM£~T Motion by McDermott at 9:30 p.m. APPROVED MAYOR of the/~ity of Bakersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA CA 4/ 6/93 11:24am