HomeMy WebLinkAbout03/06/1996 MINUTES CCBAKERSFIELD CI Y COUNCIL
MINUTES
MEETING OF MARCH 6, 1996
WORKSHOP- 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers DeMond,
Carson, Smith (seated at 5:30),
McDermott, Rowlee (seated at 5:21),
Sullivan (seated at 5:30),
Salvaggio (seated at 5:35)
None
Mayor Price moved Workshop 3. forward on the
Agenda.
3. DEMONSTRATION OF ~=w FIRE DEP/%RTMENT PUMPERS.
Councilmembers, staff and the public left
Chambers to view the new pumper trucks.
Motion by DeMond to add Closed Session Item
4. that arose after the Agenda was posted and
requires action this evening.
APPROVED
AB SMITH
Conference with Legal Counsel -
Potential Litigation. Significant
exposure to litigation pursuant to
Government Code Section 54956.9(b). One
potential case.
METROPOLITAN BAKERSFIELD FIRE SERVICES STUDY.
Fire Chief Kelly provided an overview of the
Fire Services Study agreement between City of
Bakersfield and County of Kern which provides
guidelines to the daily operational
procedures for fire protection and associated
services.
Motion by DeMond to recess to Closed Session
at 5:50 p.m.
APPROVED
Bakersfield, California, March 6, 1996 - Page 2
CLOSED SESSION
ACTION TAKEN
Conference with Legal Counsel - Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9(a) in the
case of Southwest Community Action Committee
and Jill Kleiss vs. City of Bakersfield, et
al., (Marketplace), Kern Superior Court Case
No. 229401-NFT.
UPDATE RECEIVED
Conference with Legal Counsel. Closed
Session pursuant to Government Code Section
54956.7 regarding License/Permit
Determination. One Applicant.
APPEAL DENIED;
HEARING 9.e.
WITHDRAWN
Public Employee Performance Evaluation of the
City Attorney pursuant to Government Code
Section 54957.
NAT
Conference with Legal Counsel - Potential
Litigation. Significant exposure to
litigation pursuant to Government Code
Section 54956.9(b). One potential case.
UPDATE RECEIVED
Motion by DeMond to adjourn from Closed
Session at 7:00 p.m. APPROVED
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by J.R. Manuel, Tule River Reservation of California,
American Heritage Preservation Council.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers DeMond,
Carson, Smith, McDermott, Rowles,
Sullivan, Salvaggio
None
4e
CLOSEDSES$1ONACTION
Mayor Price announced
reflected on this page.
Closed Session as
Bakersfield, California, March 6, 1996 - Page 3
Motion byDeMond to add Consent Calendar Item
m. that arose after the Agenda was posted and
requires action this evening regarding a
Resolution approving an Agreement with
Kleinfelder; and appropriation for the Old
Bakersfield Landfill.
ACTION T~KEN
APPROVED
NS MCDERMOTT
ABS SMITH
Motion by Smith to move Item 11. g. regarding
Destec Funds forward on the Agenda
immediately after Consent Calendar.
APPROVED
5e
PRESENTATIONS
President William Johns and Clareen Hays
of the Church of Jesus Christ of Latter-
Day Saints, representing the City of
Santa Clarita, recognized citizens of
Bakersfield for all of the volunteer
assistance given after the earthquake of
January 17, 1994.
PUBLIC STATEMENTS
a. Cindy Eggert spoke in support of Zone
Change 5646, Buccaneer Bay. (Item 11.a.)
(Public Statements continued on Page 7)
APPOINTMENTS
city Representative for Metropolitan
Bakersfield Fire Services Study.
Fire Chief Kelly provided background
information.
Correspondence was received from David
L. Wynn, dated March 4, 1996, thanking
Council for appointing him to this
committee, but regretfully would not be
able to serve.
First Ballot Votes ranked by preference:
Ward 1 - Brunni
Ward 2 - Stewart, Peal, Brunni
Ward 3 - Brunni
Ward 4 - Brunni
Ward 5 - Brunni
Ward 6 - Brunni
Ward 7 - Stewart
Bakersfield, California, March 6, 1996 - Page 4
7. APPOINTMENTS continued
ACTION TAKEN
Acting City Clerk McCarthy announced the
individuals receiving the highest number
of votes were Conni Brunni and Donita
Stewart.
Second Ballot Votes:
Ward 1 - Brunni
Ward 2 - Stewart
Ward 3 - Brunni
Ward 4 - Brunni
Ward 5 - Brunni
Ward 6 - Brunni
Ward 7 - Stewart
Acting City Clerk McCarthy announced the
individual receiving the highest number
of votes was Conni Brunni.
Motion by McDermott to appoint Conni
Brunni to the Citizens Advisory
Committee.
APPROVED
CONSENT CALENDAR
Payments from February 9 to February 23,
1996 in the amount of $3,863,672.57; and
Self Insurance payments from February 9
to February 23, 1996 in the amount of
$60,295.55.
Minutes of the Workshop,
and Regular Meeting of
1996.
Closed Session
February 21,
Final Map and Improvement Agreement with
Williams Development Inc. for Tract
5432, Unit 2, located east of Stine
Road, north of Berkshire Road. (Ward 6)
Agreement with Keith W. Adams and
Victoria A. Adams for City to purchase
real property ($8,465) at 110 New stine
Road for street widening at the
Stockdale Highway and California
Avenue/New Stine Road intersection.
(Ward 5)
DELETED
AGR 96-49
DEED 4394
Bakersfield, California, March 6, 1996 - Page 5 ~}';
8. CONSENTCALENDAR continued
ACTION TAKEN
Accept bid from DeNardi Equipment
($98,445.89) for a replacement diesel-
powered motor grader for Street
Maintenance.
Rescind Contract No. 95-301 with Gomez
King and accept bid and award Contract
to Pacific Resources ($183,511.54) for
the Garnsey Lane and San Marino areas
curb, gutter and drainage project.
(Wards 5 & 6)
Authorization to publish Notice for
Amendment No. 6 to FY 1993-94 Community
Development Block Grant (CDBG) Final
Statement.
Native American name designations on the
Kern River Parkway. (Yokuts Group Park
Area, Yowlumne Volleyball Park Area,
Hoe-y Cross Country Running Course)
Request from Kern River Parkway
Foundation to amend planting
requirements of the Kern River Parkway
Plan/EIR. (Staff recommends referral of
amendment of the Kern River Parkway
Plan/EIR to Planning Commission)
Use of the Traffic Preemption System by
ambulance companies. (Staff recommends
this issue be referred to Budget and
Finance Committee)
Communications Plan and Definition of
Concept Transportation Alternatives for
Metropolitan Bakersfield Major
Transportation Investment Strategy.
(Staff recommends this matter be
referred to Urban Development Committee)
Intent to withdraw the Kern County
Environmental Health Services Department
as the Local Enforcement Agency (LEA).
(Staff recommends referral to Budget and
Finance Committee)
CON 96-50
DELETED
Bakersfield, California, March 6,
1996 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
Resolution determining that
investigation, reporting and planning
for mitigation of the burn dump at the
Old Bakersfield Landfill cannot be
reasonably obtained through usual
bidding procedures and authorizing the
Finance Director to dispense with
bidding and appropriate funds not to
exceed $190,000.
Agreement with Kleinfelder Company
to investigate, report and prepare
plans for mitigation of the burn
dump at the Old Bakersfield
Landfill.
2. Appropriate $190,000 from the
Refuse Fund.
Motion by Salvaggio to adopt Items (a)
through (m) of the Consent Calendar with the
exception of Item m.; and the deletion of
Items c. and 1.
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Resolution determining that
investigation, reporting and planning
for mitigation of the burn dump at the
Old Bakersfield Landfill cannot be
reasonably obtained through usual
bidding procedures and authorizing the
Finance Director to dispense with
bidding and appropriate funds not to
exceed $190,000.
Agreement with Kleinfelder Company
to investigate, report and prepare
plans for mitigation of the burn
dump at the Old Bakersfield
Landfill.
2. Appropriate $190,000 from the
Refuse Fund.
Smith announced abstention on Item m.
due to property ownership nearby.
RES 32-96
AGR 96-52
Motion by DeMond to adopt Item m. of the
Consent Calendar.
APPROVED
NS MCDERMOTT
ABS SMITH
Bakersfield, California, March 6, 1996 - Page 7
11. DEFERREDBUSINESS
ACTION TAKEN
g. Distribution of Destec Funds for
development of recreational facilities.
Correspondence was received from:
Deborah Morgan, General Manager, Days
Inn Hotel; Betty Bean, dated March 4,
1996; Maura A. Fitch, dated March 6,
1996; and Yolanda Baxter, dated March 4,
1996, in support of soccer park
lighting;
Robert C. Miller, Kern County Soccer
Foundation, in support and requesting a
grant to complete the soccer lighting
project; and
Ralph W. Miller, Jr., requesting the
proposed Panorama Hills Park and
Maintenance District exclude the two
Trust No. 113 parcels.
PUBLIC STATEMENTS continued
The following individuals spoke
regarding distribution of Destec Funds:
Steven Boyle, who submitted a map; Bob
Miller; Gregg Falk; John Meroski; Jerry
Shoemaker; Dr. Anne J. Scott; Cyndi
Crabtree; Linda Weighall; Michele Wahl;
Neal Olsen; James Park; Mike Maggard;
and Jared Elison.
11. DEFERRED BUSINESS continued
Motion by Smith to distribute the funds
allocate $230,000 for open field sports
lighting at Highland High School
Stadium, $100,000 to the Kern County
Soccer Foundation and $170,000 to
improvements at Siemon and University
Parks.
APPROVED
Smith recommended staff continue
communicating with Walter Heisey
regarding exchange of land; and check
into the approximate $299,000 in park
development funds to possibly phase in a
park.
Bakersfield, California, March 6, 1996 - Page 8
11. DEFERRED BUSINESS continued
ACTION TAKEN
(Deferred Business continued on Page 11)
Mayor Price announced a 10-minute recess at
8:20 p.m. and reconvened the meeting at 8:30
p.m.
HEARINGS
ae
Resolution confirming the report of the
Building Director regarding assessments
of certain properties for the abatement
of certain weeds, debris and waste
matter. (30 properties)
Development Services Director Hardisty
requested the property listed as Vacant
lot south of 7 Augusta Street be removed
from the list due to compliance.
Hearing opened at 8:30 p.m.
Herbert Dodd, spoke in opposition
regarding his son's properties, 4900 &
4901 Ina Court, and requested staff
notify property owners by letter of
their intention to abate.
Hearing closed at 8:33 p.m.
DeMond requested the mailing address for
Mr. Dodd's son be verified.
RES 33-96
Motion by DeMond to adopt Resolution
excluding Vacant lot south of 7 Augusta
Street.
APPROVED
AB MCDERMOTT
Ordinance amending Chapter 15.84 of the
Bakersfield Municipal Code relating to a
Transportation Impact Fee on all new
development.
Public Works Director Rojas introduced
Public Works Civil Engineer III Shaw,
who provided background information and
a slide presentation on the Metropolitan
Bakersfield Transportation Impact Fee
Phase II Program.
Bakersfield, California, March 6, 1996 - Page 9
9. HEARINGS continued
ACTION TAKEN
Hearing opened at 8:50 p.m.
The following individuals spoke in
opposition to staff recommendation:
Barbara Martin, Building Industry
Association of Kern County; Roger
Mcintosh, Martin-Mcintosh Engineering;
and Bob Wattenbarger.
Randy Wheeler, Castle & Cooke, spoke in
support.
Hearing closed at 9:02 p.m.
McDermott requested staff look into the
appeal process ordinances adopted by
Kern County and City of Bakersfield.
Motion by McDermott to give First
Reading to Ordinance and refer to
Planning Commission.
NAT
Amended motion by McDermott to give
First Reading to Ordinance and refer to
Planning Commission to hear this issue
at their April 4, 1996 meeting.
NAT
Amended motion by McDermott to refer to
Planning Commission to hear this issue
conclusively at their April 4, 1996
meeting and bring back to Council.
APPROVED
Resolution making findings and
transmitting recommendations to the Kern
county Board of Supervisors regarding
amendments to 'the Casa Loma Specific
Plan. (Ward 1)
Development Services Director Hardisty
provided background information.
Hearing opened at 9:28 p.m.
No one spoke at hearing.
Hearing closed at 9:28 p.m.
RES 34-96
APPROVED
ABS ROWLES
Motion by Carson to adopt Resolution.
Bakersfield, California, March 6, 1996 - Page 10
9. HEARINGS continued
ACTION TAKEN
de
Specific Trails Plan:
Urban Development Committee Report
No. 2-96 regarding the Specific
Trails Plan.
2. Public hearing to consider the
following items:
a)
Resolution making findings,
approving Negative Declaratlon
and adopting the Specific
Trails Plan.
b)
Resolution making findings,
approving Negative Declaration
and adopting the Capital
Improvement Plan for the
Specific Trails Plan. (Ward
c)
Ordinance amending Title 12 of
the Bakersfield Municipal Code
by adding Chapter 12.64
relating to acquisition and
improvement of trails and
support facilities.
d)
Resolution approving and
adopting fee for the
improvement of trails related
to Phase I of the Specific
Trails Plan. (Ward 3)
Correspondence was received from:
Ronald E. Brummett, Executive Director,
Kern Council of Governments, dated
February 15, 1996; and Thomas R.
O'Conner, dated February 15, 1996, in
support;
Wayne E. Batavia, President, Batavia
Land Company, dated March 4, 1996, in
opposition to maintenance by assessment
district; and
Residents for Environmental Preservation
(R.E.P.), dated March 3, 1996, in
opposition to the Specific Trails Plan
from and submitted petitions with 32
signatures.
Hearing opened at 9:35 p.m.
RES 35-96
RES 36-96
FR
RES 37-96
Bakersfield, California,
March 6,
1996 - Page 11
9. HEARINGS continued
ACTION TAKEN
dm
The following individuals spoke in
opposition to staff recommendation:
Suzanne Icardo and read her letter;
Dianne Haddad, representing Rio Bravo
residents; Randy Berkowitz, representing
Wells Fargo Bank; and Nina Gillette.
The following individuals spoke in
support of staff recommendation:
Rich O'Neil, Kern River Bikepath
Committee; Carolyn Belli, Kern
Equestrians for Preservation of Trails;
Tom Fallgatter; Arthur Unger, Sierra
Club; Barbara Martin, Building Industry
Association of Kern County; Bill Cooper,
Kern River Parkway Committee; and Harold
Sprayberry, Sun Sierra Fat Tire
Association.
Olga See, Rio Bravo resident, spoke in
rebuttal (opposition).
Hearing closed at 10:13 p.m.
Motion by McDermott to accept Report and
implement recommendations, which
includes adoption of Resolutions (3) and
First Reading to Ordinance.
APPROVED
Appeal by Juan Pablo Lopez to the
decision of the Bakersfield Police
Department to deny a Taxi Cab Permit to
operate a taxi service at 725 Bernard
Street for a period of one year. (Ward
2)
WITHDRAWN
10. REPORTS
11. DEFERRED BUSINESS continued
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-32 by chenging the zoning of
25.4 acres located south of Brimhall
Road, approximately 700 feet west of its
intersection with coffee Road from
General Commercial to Planned Commercial
Development. (Ward 4) (Buccaneer Bay,
ZC 5646) (First Reading 10/11/95)
ORD 3707
Bakersfield, California, March 6,
1996 - Page 12
11. DEFERRED BUSINESS continued
ACTION TAKEN
Development Services Director Hardisty
provided background information.
Motion by McDermott to adopt Item a. of
Deferred Business.
APPROVED
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-21 by changing the zoning
from L~mited Multiple Family Dwelling to
One Family Dwe11ing on 11.84 acres,
located on the northwest corner of
Panama Lane and Reliance Drive. (GPA 4-
95, Segment V, ZC 5669, Silver Creek)
(Ward 6) (First Reading 2/21/96)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map NO. 123-21 by changing the Zoning
from One Family Dwelling to Limited
Multiple Family Dwelling (2,500 square
foot lot area pr unit) on 24.91 acres,
located on the northwest corner of
Panama Lane and &she Road. (GPA 4-95,
Segment VI, ZC 5672, Silver Creek) (Ward
6) (First Reading 2/21/96)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-21 by changing the zoning
from Planned Unit Development to One
Family Dwelling on 13.07 acres, located
on the north side of Harris Road between
Spring Creek Loop and Ashe Road. (GPA
4-95, Segment VII, ZC 5673, Silver
Creek) (Ward 6) (First Reading 2/21/96)
Ordinance amending Chapter 5.12 of the
Bakersfield Municipal Code relating to
bingo games. (First Reading 2/21/96)
ORD 3708
ORD 3 709
ORD 3710
ORD 3711
Motion by Rowles to adopt Items b. APPROVED
through e. of Deferred Business.
Bakersfield, California, March 6, 1996 - Page 13
1. DEFERREDBUSINESS continued
ACTION Ti~KEN
Convention Center asbestos abatement,
monitoring and testing (Ward 2):
Amendment to Agreements with
Dresser Services Inc. ($13,853.40)
and Mike McGuire ($13,290) for
emergency asbestos abatement clean-
up and air quality monitoring,
respectively, during the showing of
Les Miserables at the Convention
Center. (Total: $27,143.40; January
24 & 25, 1996)
Amendment No. I to Agreement No.
96-17 with Dresser Services Inc.
for addltlonal asbestos abatement
to Convention Center east
electrlcal/mechanical room, kitchen
ceiling and penthouse ($94,000).
Amendment No. i to Agreement No.
96-29 with Mike McGuire for
additional monitoring and testing
due to additional abatement of
asbestos at the Convention Center
east electrical/mechanlcal room,
kitchen and penthouse ($36,000).
Public Works Manager Rojas provided
background information.
Motion by DeMond to approve Amendments
to Agreements; and transfer $157,143.40
from the Facilities Replacement Reserve.
AGR 96-53
AGR 96-54
APPROVED
Policy of the City of Bakersfield
relative to the use of road undulations
for traffic speed control on public
streets. (speed bumps)
Motion by Rowles to adopt the Policy.
APPROVED
12. NEW BUSINESS
Ordinance amending Subsection 17.69.040
A. of the Bakersfield Municipal Code
regarding separation and distance
requirements for edult entertainment
businesses.
FR
Bakersfield, California, March 6, 1996 - Page 14
13 · COUNCIL STATEMENTS
ACTION TAKEN
Salvaggio requested Public Works Department
repair a large pothole on Planz Road in front
of Planz School.
Salvaggio requested Public Works Department
repair South H Street between White Lane and
Pacheco Road.
Salvaggio requested Council support in
referring the issue of withdrawing the Kern
County Environmental Health Services
Department as a Local Enforcement Agency LEA)
to Budget & Finance Committee.
Carson thanked the Race Relations Ad Hoc
Committee and Mayor Price for their
attendance at the Day of Dialogue meeting.
Carson requested staff continue looking into
illegal dumping in alleys and failure to pick
up half-full containers.
McDermott thanked The Bakersfield Californian
for their article on the dangerous situation
on Calloway Road; and requested staff to send
the article to the County of Kern.
McDermott referred the issue of a Fire
Station in the southwest to Urban Development
Committee.
Rowles commented on Consent Calendar Item d.
regarding the purchase of land for
improvements at Stockdale Highway and
California Avenue and thanked staff.
Rowles referred to staff the possibility of
creating "leash-free zones" to allow pets to
run in enclosed park areas; and report back
to him.
Rowles requested a status report from Public
Works regarding road patching on Burr Street,
off Gibson south of Rosedale.
Bakersfield, California, March 6, 1996 - Page 15
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Rowles requested a status report from Public
Works on the road work in alleys that run
parallel to the 600 block of New Stine Road,
in the Taylor/Demerit area.
Smith thanked Community Services staff for
the work done on the Destec Funds.
Smith commented on the Local Enforcement
Agency LEA issue.
Mayor Price thanked The Bakersfield
California for the Calloway Road article.
DeMond requested a status report from Public
Works Department on the bridge repair at the
Beale Overpass.
DeMond requested a status report on the Manor
Street tree planting.
DeMond requested assistance on railroad
crossings repair.
14. ADJOURNMENT
Motion by DeMond to adjourn at 10:40 p.m.
APPROVED
ATTEST:
the City of Bakersfield,
CA
ACTING CITY CLERK and Ex~fficlo C.lerk of
the Council of the City df Bakersfield, CA
MAR6.MIN
4/ 1/96 8:51am