HomeMy WebLinkAbout06/09/1993 MINUTES CC251
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 9, 1993
WORKSHOP- 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CAU_
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards (seated at
5:22), DeMond, Smith (seated at
5:25), Brunni, Kane (seated at
5:22), Salvaggio (seated at 5:30)
None
BUDGET PRESENTATION·
Planning Director Hardisty presented
the budget proposal for Building and
Planning Departments and provided an
overview.
Hotion by McDermott to recess to Closed
Session at 6:00 p.m.
APPROVED
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(a) regarding pending
litigation in the case of Prado rs. City of
Bakersfield, et al.
CITY ATTORN~F
LUNARDINI
PRESENTEDAN
OFFER AND ~P
WAS REJECTED
BY COUNCIL
Closed Session pursuant to Government Code
Section 54957 regarding a personnel matter
and Government Code Section 54956(b)(1)
regarding potential litigation.
NAT
Motion by McDermott to adjourn Closed APPROVED
Session at 6:35 p.m.
Bakersfield, California, June 9, 1993 - Page 2
252
REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Randy Rankin, Director, First Assembly of God
Church.
2. P~ ~=nGE OF .~; ;=GLANCE
3. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Kane, Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced Closed Session
action as reflected on Page 1.
PRESENTA~ONS
PUBUC STATEMENTS
Clyde "Ed" Reynolds, retired firefighter,
spoke regarding proposed reduction in
City fire service defenses and urged
Council to consider budget issues.
Mayor Price introduced newly-elected Ward 5
Councilmember, Randy Rowles.
bo
Mike Turnipseed spoke regarding the
budget and the Ward 5 Election.
Mrs. Walters spoke regarding the
Police and Fire Department budgets.
Dan Crisp spoke regarding graffiti in
Campus Park and requested the costs
for graffiti clean-up be included in
the Maintenance District Budget°
Brunni referred to staff the issue of
graffiti in Campus Park and the
possibility of clean-up costs being
included in the Maintenance District
Budget and requested staff to respond
in writing to Mr. Crisp.
Motion by Brunni to move Deferred Business APPROVED
Item 11. a. forward on the agenda.
Bakersfield, California, June 9, 1993 - Page 3
11 · DEFERRED BUSINESS
ACTION TAKEN
Ordinance amending the text of Title
17 of the Bakersfield Municipal Code
regarding front and side yard regula-
tions in the R-l, R-2, R-3 and R-4
zone districts where a garage or
carport faces a street. (First
Reading May 26, 1993)
Correspondence has been received
from the following individuals in
support of the ordinance:
Gary R. Ek, dated June 7, 1993; Mark
J. Ashley, Southwest Community Action
Committee Spokesperson, dated June 7,
1993; and Jill Kleiss, on behalf of
the Southwest Community Action
Committee, dated June 8, 1993.
Correspondence has been received from
Christopher L. Conway, President, Kern
County Chapter of Consulting Engineers
and Land Surveyors of California,
dated June 7, 1993, asking Council to
reconsider requiring approved develop-
ments to meet the new requirements.
Correspondence has been received from
Ray Watson, Greater Bakersfield Chamber
of Commerce, Business and Governmental
Relations Council Chairman, dated June
8, 1993, expressing concerns on the
proposed increase in the setback
requirements.
Planning Director Hardisty provided
backup information.
The following individuals spoke in
support:
Jill Kleiss, representing the South-
west Community Action Committee; Mary
Jo Ek, representing the Southwest
Community Action Committee;
The following individuals spoke in
opposition:
Tom Dandy; Mark Shuman, Probuilt
Development & Construction; Steve
DeBranch, DeWalt Corporation;
Chris Frank, representing the Greater
Bakersfield Chamber of Commerce, read
a portion of their June 8, 1993 letter.
ORD 3539
Bakersfield, California, June 9, 1993 Page 4
254
11. DEFERRED BUSINESS continued
ACTION T~KEN
ae
Becky Ullman, Castle & Cooke Develop-
ment Corporation, addressed their
concerns on approved projects now
under construction.
Motion by McDermott to adopt Ordinance
with the exception of Tract 5728.
(Deferred Business continued on Page 13)
APPROVED
APPOINTMENTS
ae
Three (3) appointments to the Bakersfield
Airport Advisory Committee, due to the
expiration of terms of J.J. Gianquinto,
Bernell Whitaker and James "Curly" Barton,
terms expiring June 17, 1993.
Edwards announced he would abstain.
City Clerk Williams announced the
individuals receiving the highest
number of votes were Harry A. Hackney,
Margaret M. Montijo and Julie Lagano
Motion by Salvaggio to appoint Harry A.
Hackney, Margaret M. Montijo and Julie
Lagan, terms to expire June 17, 1997.
APPROVED
ABS EDWARDS
8 ~
CONSENT CAI;NDAR
Approval of Voucher Nos. 9679 to 10230
inclusive, in the amount of $2,366,413.88
and Self Insurance Voucher Nos. 2686 to
2831 inclusive, in the amount of
$105,106.15.
Minutes of the Workshop, Closed Session
and Regular Meeting of May 12, 1993,
and Special Meeting of May 24, 1993.
255
Bakersfield, California, June 9, 1993 - Page 5
8. CONSENT CAI FNDAR continued
ACTION TAKEN
Communication from:
Roger A. Mcintosh, Martin-Mcintosh,
dated May 25, 1993, donating $5,500
to City Basketball Program.
(Receive, accept donation and
appropriate in the Recreation
Division $5,500 for temporary
salaries within the General Fund)
REMOVED FOR
SEPARATE
CONSIDERATION
Melissa Jolley, dated May 25, 1993,
submitting her resignation from the
citizens' Parks and Recreation
Committee, effective immediately.
(Receive and place on file)
Notices of Completion and acceptance of
work for:
Contract No. 92-239 with Tract
5445 Partners for Tract No. 5445,
Phase 2, located on the southeast
corner of Calloway Drive and Meacham
Road, completed May 27, 1993.
Contract No. 93-31 with Kyle Carter
Homes, Inc., for Tract 5504, Phase 2,
located on the northwest corner of
Calloway Drive and Meacham Road,
completed May 27, 1993.
Contract No. 92-222 with Hardt
Construction for Tract No. 5594,
Phase 1, located on the north side
of Hageman Road and east of Allen
Road, completed May 28, 1993.
Contract No. 93-20 with Elmer F.
Karpe, Inc., for Tract No. 5624,
located on the east side of Stine
Road and north of Panama Lane,
completed May 27, 1993.
Bakersfield, California, June 9, 1993 - Page 6
8. CONSENT CAIFNDAR continued
ACTION TAKEN
do 5o
fe
Contract No. 92-139 with Three D
Service Company for demolition of
two unreinforced masonry buildings
(1325 19th Street, formerly the
American National Bank; and 2022 L
Street, formerly the Mental Health
Center), completed May 7, 1993.
Contract No. 93-10 with Castle &
Cooke Development Corporation for
Tract No. 5386-B, located on the
southeast corner of Calloway Drive
and Brimhall Road, completed May 28,
1993.
Resolution amending the official list
of designated speed zones, pursuant
to Sections 22357 and 22358 of the
California Vehicle Code. (Ward 4)
Resolution approving the application
for funds for the Transportation
Enhancement Activities Program under
the Intermodal Surface Transportation
Efficiency Act (ISTEA) of 1991 for the
Bakersfield City-Wide Bike Lane Project.
Resolution adding territory to existing
Maintenance District No. 1, Division 5,
confirming the assessment and authoriz-
ing collection of assessments by the
Kern County Tax Collector (Resolution
of Intention 1101). (Ward 4)
Resolution ordering preparation of
amended assessment to segregate and
apportion unpaid installments of
existing assessment and setting July 7,
1993 as date of hearing. (Assessment
District No. 82-1, Stockdale Trunk
Sewer) (Wards 4 & 6)
Resolution ordering preparation of
amended assessment to segregate and
apportion unpaid installments of
existing assessment and setting July 7,
1993 as date of hearing. (Assessment
District No. 86-2, Riverlakes Ranch)
(Ward 4)
RES 78-93
REMOVED FOR
SEPARATE
OONSIDERATIO~
RES 79-93
RES 80-93
RES 81-93
257
Bakersfield, California, June 9, 1993 - Page 7
8. CONSENT CAIFNDAR continued
ACTION TAKEN
Resolution ordering preparation of
amended assessment to segregate and
apportion unpaid installments of
existing assessment and setting July 7,
1993 as date of hearing. (Assessment
District No. 87-1, South Jenkins Road
to Buena Vista Road) (Ward 4)
Resolution ordering preparation of
amended assessment to segregate and
apportion unpaid installments of
existing assessment and setting July 7,
1993 as date of hearing. (Assessment
District No. 90-1, Jewetta Trunk Sewer)
(Ward 4)
Resolution ordering preparation of
amended assessment to segregate and
apportion unpaid installments of
existing assessment and setting July 7,
1993 as date of hearing. (Assessment
District No. 91-1, Hosking Trunk Sewer)
(Wards 6 & 7)
Agreement with Tiburon Inc. for
software maintenance on the Computer
Aided Dispatch (CAD) System from July 1,
1993 through June 30, 1994.
Agreement with Rosedale Union School
District and Kern County Superintendent
of Schools to provide the Drug Abuse
Resistance Education (DARE) Program
from July 1, 1993 through June 30, 1994.
Agreement with Fruitvale School
District and Kern County Superintendent
of Schools to provide the Drug Abuse
Resistance Education (DARE) Program
from July 1, 1993 through June 30, 1994.
Agreement with Department of Motor
Vehicles allowing the City to conduct
Class A and Class B license testing
for City employees.
Accept bid to award annual contract to
Stewart Title, Bakersfield, ($6,500)
for title services for the Attorney's
Office and Building Department staff.
RES 82-93
RES 83-93
RES 84-93
REMOVED FOR
SEPARATE
OONSIDERATION
AGR 93-109
AGR 93-110
AGR 93-111
CON 93-112
Bakersfield, California, June 9, 1993 - Page 8
,, 258
8. CONSF_NTCAI~NDAR continued
ACTION TAKEN
Accept bid to award contract to
Halopoff and Sons, Inc. ($123,750.30)
for construction of storm drain on F
Street, from Truxtun Avenue to 1100
feet north. (Ward 2)
Accept bid to award contract to U-Liner
West ($234,110) for rehabilitation of
6-inch sewer lines in various easements
and alleys in the Westchester area.
(Ward 2)
Accept bid from Toter, Inc.
($132,453.75) for 1300 refuse and 1300
green waste containers for Sanitation.
Authorize the Finance Director to write
off as uncollectible accounts receivable
in various funds totaling $27,567.75.
Motion by McDermott to adopt Items (a) through
(u) of the Consent Calendar with the exception
of Items c.l., f., m., t. and u.
CON 93-113
CON 93-114
REMOVED FOR
SEPARATE
CONSIDERATIO~
REMOVED FOR
SEPARATE
CONSIDERATIO~
APPROVED
Communication from:
Roger A. Mcintosh, Martin-Mcintosh,
dated May 25, 1993, donating $5,500
to City Basketball Program.
(Receive, accept donation and
appropriate in the Recreation
Division $5,500 for temporary
salaries within the General Fund)
City Manager Tandy received confirmation
from Recreation Superintendent Ledoux
that this program will not interfere with
any other recreation programs.
Motion by DeMond to adopt Item c. 1. APPROVED
of the Consent Calendar.
Bakersfield, California, June 9, 1993 - Page 9
8. CONSENT CALENDAR continued
ACTION TAKEN
Resolution approving the application
for funds for the Transportation
Enhancement Activities Program under
the Intermodal Surface Transportation
Efficiency Act (ISTEA) of 1991 for the
Bakersfield City-Wide Bike Lane Project.
Motion by Brunni to adopt Item f. of
the Consent Calendar.
RES 85-93
APPROVED
Agreement with Tiburon Inc. for
software maintenance on the Computer
Aided Dispatch (CAD) System from July
1993 through June 30, 1994.
Motion by Kane to refer to Police
Department and Finance Department to
check the cost on an "as needed" basis.
APPROVED
Accept bid from Toter, Inc.
($132,453.75) for 1300 refuse and 1300
green waste containers for Sanitation.
Motion by Brunni to adopt Item t. of
the Consent Calendar.
APPROVED
NS EDWARDS
Brunni referred to staff to look at
the requirement of "in field" testing.
Authorize the Finance Director to write
off as uncollectible accounts receivable
in various funds totaling $27,567.75.
Motion by McDermott to adopt Item u. of APPROVED
the Consent Calendar.
Bakersfield, California, June 9, 1993 - Page 10
9. HEARINGS
ACTION TAKEN
Protest hearing as required by
Resolution of Intention No. 1103
declaring the city to order the
establishment of Maintenance District
No. 1, Division 8 (Brimhall & Allen).
(Ward 4)
McDermott was absent due to conflict of
interest.
No one spoke at hearing. Hearing closed.
Motion by Brunni to adopt Resolution
establishing Maintenance District No. 1,
Division 8, confirming the assessment
and authorizing collection of assessments
by the Kern County Tax Collector.
RES 86-93
APPROVED
AB MCDERM09~U
Protest hearing as required by
Resolution of Intention No. 1106 adding
territory to existing Maintenance
District No. 1, Division 3 (Fruitvale &
Olive). (Ward 4)
No one spoke at hearing. Hearing closed.
Motion by Brunni to adopt Resolution
to add territory to Maintenance
District No. 1, Division 3, confirming
the assessment and authorizing
collection of assessmentsby the Kern
County Tax Collector.
RES 87-93
APPROVED
Protest hearing to receive public
comment on the amount of assessments
or the fairness of the benefit formula
for maintaining certain local improve-
ments for all parcels of property within
Maintenance Districts No. i through 5,
all Divisions.
Hearing opened.
Derek Eck, President, Vineyards Homeowners
Association, spoke regarding Maintenance
District 2, Division 1, stating that the
homeowners are wanting to take over the
streetscape, not the median and have
ballots out for signatures.
Hearing closed.
RES 88-93
RES 89-93
RES 90-93
RES 91-93
RES 92-93
261
Bakersfield, California, June 9, 1993 - Page 11
9. HEARINGS continued
ACTION T/~KEN
Parks Superintendent Frabbi responded
to Mr. Eck's comments, stating that the
assessment would need to come back to
Council for adjustment.
Brunni stated she had provided Community
Services Manager Andersen a list of
costs of every maintenance district and
requested Community Services to provide
her with a clear explanation of how we
justify liability insurance rate increases
that average over 20% and water rate
increases that average over 23%.
City Attorney Lunardini advised Mr.
Eck that the assessments will go on
the assessed tax rolls by July 30
and he must get in his required
paper work well before then.
Motion by McDermott to adopt Resolution
approving and adopting budget, levying
assessments, reserving the right to
perform maintenance work by City forces
and authorizing collection of assessments
by Kern County Tax Collector for Mainten-
ance District No. 1 with the addition of
33% for parks.
FAILED
NS EDWARDS
DEMOND
SMITH
KANE
SALVAGGIO
Motion by Brunni to delay action
Maintenance Districts 1 through 5
until the meeting of June 23, 1993.
WITHDRAWN
Motion by Salvaggio to adopt Resolutions
approving and adopting budget, levying
assessments, reserving the right to
perform maintenance work by City forces
and authorizing collection of assessments
by Kern County Tax Collector for Mainten-
ance District Nos. 1 through 5, all
Divisions.
APPROVED
NS MCDERMOTT'
BRUNNI
Bakersfield, California, June 9, 1993 - Page 12
9. H~A~INGS continued
ACTION TAKEN
Continued public hearing to consider an
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-11 by changing the zoning
of 6.5 acres located on the northwest
corner of Wilson Road and South Real
Road from a P.C.D. Zone consisting of
a 61,000 square foot neighborhood
shopping center, to a P.C.D. Zone
consisting of a 65,000 square foot
supermarket° (Ward 6)
City Clerk Williams advised that this
should be a Deferred Business item,
not a continued public hearing.
Public hearing was opened/closed at
the meeting of May 26, 1993.
Motion by McDermott to give First
Reading and refer to staff to redraft
the Municipal Code to make P.C.D.s
comparable to P.U.D.s.
FR
APPROVED
Public hearing for the consideration
of the Resolution finding that certain
weeds, debris and discarded articles
constitutes a public nuisance and
directing the Chief of the Fire
Department to abate such nuisance.
Properties located at:
Ward 4: 218 Vista Verde, right-of-way
south of Worrell.
Ward 6: 3900 Marilyn Place.
Ward 7: 1500 Pacheco #60, southeast
corner PachecQ & Monitor, 3816 Monitor
Street.
Hearing opened.
City Fire Inspector DeMarco stated that
218 Vista Verde was reinspected and
should be deleted from the list.
Hearing closed.
Motion by Brunni to adopt Resolution
confirming the Report of the Fire Chief,
with the exclusion of 218 Vista Verde.
RES 93-93
APPROVED
Bakersfield, California, June 9, 1993 - Page 13
10. REPORTS
ACTION TAKEN
11. DEFERRED BUSINESS continued
Ordinance amending Section 17.06.020
of Chapter 17.06 (Zoning Map) of the
Bakersfield Municipal Code and City
Zoning Map No. 101-24 by prezoning
property located west of Jewetta
Avenue, approxlmately 600 feet south
of Hageman Road known as Hageman No.
Z Annexation. (Ward 4) (First Reading
May 26, 1993)
Motion by Brunni to adopt Ordinance.
0RD3540
APPROVED
ABS MCDERMOTT
Ce
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-30 by prezonlng property
located west of Jewetta Avenue,
approximately 800 feet north of Brimhall
Road (Brimhall NO. 3 Annexation).
(Prezoning No. 5300) (Ward 4) (First
Reading May 26, 1993)
Motion by Brunni to adopt' Ordinance.
ORD 3541
APPROVED
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-30 by changing the zoning
south of Palm Avenue approximately 660
feet east of Jewetta Avenue from RSZ.SA
to E. (Zone Change No. 5341) (Ward 4)
(First Reading May 26, 1995)
ORD 3542
Motion by Brunni to adopt Ordinance. APPROVED
ABS MCDERMCFIS?
Bakersfield, California, June 9, 1993 - Page 14
9. DEFERRED BUSINESS continued
ACTION TAKEN
Ordinance adding Chapter 3.30 to the
Bakersfield Municipal Code relating to
in-lieu taxes. (First Reading May 12,
1993}
City Manager Tandy provided clarification
of this item.
Tim Palmbach read a statement by Terry
Stanners, Board of Directors President,
Chamber of Commerce.
Teri Arnold, Burger King, spoke and
submitted a written statement.
Motion by Edwards to adopt Ordinance.
ORD 3543
FAILED
NS MCDERMO~5?
SMITH
BRUNNI
KANE
Salvaggio requested staff to report
back to Council, as soon as possible,
the ramifications of this item; just
what this is going to do.
City Manager Tandy responded to
Salvaggio's request stating that it
is one million four hundred thousand
dollars. Converted into equivalent
public safety positions, it is 14
policemen and 14 firemen.
(Deferred Business continued on Page 17)
Bakersfield, California, June 9, 1993 - Page 15
12 · NEW BUSINESS
ACTION TAKEN
Ordinance amending Section 3.70.040
of the Bakersfield Municipal Code
revising the percentage of cost
recovery for service centers within
the Revenue/Cost Comparison System.
Ordinance amending Section 14(a) of
Ordinance No. 1552 relating to Cable
Television Franchise as amended by
Ordinance NO. 2939 September 12, 1984.
(Cox Cable Television)
Ordinance amending Section 14(a) of
Ordinance No. 2518 relating to Cable
Television Franchise. (Time-Warner Cable)
Resolution of Application proposing
proceedings for annexation of territory
to the City of Bakersfield identified
as Annexation No. 3?6, College No. 5
Annexation, located at the southeast
corner of College Avenue and Morning
Drive. (Ward 3)
Motion by smith to adopt Resolution
of Application.
FR
FR
FR
RES 94-93
APPROVED
AB BRUNNI
so
Resolution regarding a request by the
Local Agency Formation Commission
(LAFCO) to take legislative action on
the proposed Annexation No. S to County
Service Area No. 17 located east of
Morning Drive, north of Edison Highway.
Motionby Smith to delay this item for
two weeks and bring back at the June 23,
1993 meeting.
APPROVED
ABBRUNNI
Resolution ordering a change and
modification to scope of work and cost
of improvements to allocate improvement
bond proceeds for payment of certain
incidental expenses. (Assessment
District 90-1, Jewetta Trunk Sewer/
Calloway Canal Relocation) (Ward 4)
RES 95-93
Motion by McDermott to adopt Resolution. APPROVED
ABBRUNNI
Bakersfield, California, June 9, 1993 - Page 16
12. NEW BUSINESS continued
ACTION TAKEN
Amendments to Fiscal Year 1992-93
Operating and Capital Improvements
Budgets for the City of Bakersfield
and the Central District Development
Agency.
Resolution amending Resolution No.
98-92 approving and adopting the
Operating and Capital Improvements
Budgets for the City of Bakersfield
Fiscal Year 1992-93.
Resolution amending Resolution No.
99-92 approving and adopting the
Operating and Capital Improvements
Budgets for the Central District
Development Agency for Fiscal Year
1992-93.
Motion by Edwards to adopt
Resolutions 1 and 2.
RES 96-93
RES 97-93
APPROVED
NS MCDERMOTt?
ABBRUNNI
13. COUNCIL STATFJJENTS
McDermott made a statement on budget
issues.
Motion by McDermott to allow Mayor, Vice-
Mayor and a Manager,s Office staff member
to represent the City in Sacramento next
week to lobby for budget.
APPROVED
NS KANE
Brunni referred to Police Department the
issue of AAA Safety Committee Program
regarding crossing guards and provided
material as an alternative to be studied
as part of the budget.
Brunni referred to staff the issue of
scheduling a meeting regarding the
Hageman Road Bridge, including all
interested property owners.
267
Bakersfield, California, June 9, 1993 - Page 17
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Brunni has been working with Campus Park
constituents in filing a formal complaint
against P.G.& E. through the Public Utilities
Commission regarding a substation and trans-
mission lines that are running very close to
their homes. It was an administrative law
judge's ruling, June 3, 1993, to include
substations in their proposed 131D General
Order and will require the people who are
within 300 feet to be noticed.
Brunni referred to City Manager the issue
of reviewing and responding to this General
Order by July 16, 1993, and offered her
assistance.
Motion by Kane to reconsider Deferred Item
11. e.
APPROVED
NS BRUNNI
11. DEFERRED BUSINESS continued
Ordinance adding Chapter 3.30 to the
Bakersfield Municipal Code relating to
in-lieu taxes. (First Reading May 12,
1993)
Kane expressed his support of money from
in-lieu taxes being utilized for rein-
stating Police positions and preventing
layoffs of Fire positions.
City Manager Tandy confirmed to Smith
that this tax could be rescinded by
Council action should it be enacted.
Motion by Kane to adopt Ordinance.
APPROVED
NS MCDERMOTT
BRUNNI
Bakersfield, California, June 9, 1993 - Page 18
14. ADJOURNMENT
ACTION TAKEN
Motion by DeMond at 10:00 p.m.
APPROVED
MAYOR of the City of Bakersfield,
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
JUN9.MIN
6/24/93 l:49pm