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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 APPEAL DENIED; HEARING 9.e. WITHDRAWN Public Employee Performance Evaluation of the City Attorney pursuant to Government Code Section 54957.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