HomeMy WebLinkAbout02/08/1995 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 8, 1995
WORKSHOP- 5:15 P.M.
- Convention Center Hotel (Parking area
behind the Hotel at the contractor's
office. Enter on 0 Street at 16th Street)
ROLt CA[[
Present:
Absent:
Mayor Price, Councilmembers
DeMond, Carson (seated at 5:25),
Smith, McDermott, Rowles, Chow,
Salvaggio (seated at 6:05)
None
ACTION TAKEN
TOUR OF CONVENTION CENTER HOTEL (Holiday
Inn Select).
city Manager Tandy, City Department Heads,
Councilmembers and the public attended a
tour of the Hotel.
Motion by DeMond to recess to Closed
Session at 5:40 p.m.
CLOSED SESSION
Conference with Legal Counsel (Existing
Litigation) pursuant to Government Code
Section 54956.9(a) in the case of Terra
Laverty vs. city of Bakersfield, Mickey
Dale Moyer, et al., Kern County Superior
Court Case No. 224913-SPG.
Conference with Legal Counsel (Existing
Litigation) for initiation of litigation
pursuant to Government Code Section
54956.9(c) o One potential case.
CITYATTORNEY
AUTHORIZEDTO
ACc'~r $~'~u~E-
MENT OFFER
CITYATTORNEY
AUTHORIZEDTO
START LITIGA-
TION AGAINST
EDUARDO AND
CLEMENCIA
LOPEZ; AND
REFER THE
POLICY ON CDBG
ID~S TO 17J1~:~'
AND FINANCE
COMMITTEE
Motion by DeMond to adjourn from Closed
Session at 6:12 p.m.
Bakersfield, California, February 8, 1995 - Page 2
REGULAR MEETING - 7:o0 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Conard Holt, Elder, First Assembly of God Church.
2. PLEDGEOFA. IIr:GIANCE by Kelly Fabris
3. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
DeMond, Carson, Smith, McDermott,
Rowles, Chow, Salvaggio
None
CLOSED SESSION ACTON
Mayor Price announced Closed Session action
as reflected on Page 1.
5e
PRESENTATIONS
City Manager Tandy introduced new employee
Dolores Buddell-Teubner, Assistant to the
City Manager.
PUBUC STATEMENTS
so
The following individuals spoke in
opposition to prezoning Harris No. 5
Annexation (Item 11.a.):
Lynda Mann, Doug Grove, Melissa Car-
Michael, Judy Carmichael, Sharon Bed-
ford, and Ed Pixler.
APPOINTMENTS
One (1) appointment to the Consolidated
Transportation Services Agency.
DeMond requested this item be continued
to the next meeting.
12. NEW BUSINESS
Motion by DeMond to add a New Business item
to the Agenda that arose after the Agenda
was posted and requires action tonight.
APPROVED
Bakersfield, California, February 8, 1995 - Page 3 ~ ~
12. NEWBUSINESS continued
ACTION TAKEN
A Resolution finding that the public
convenience will be served by allowing
the transfer of license to sell alcohol
by the Wine Seller establishment.
Motion by DeMond to adopt resolution
and refer this matter to staff for
implementation of a procedure.
RES 19-95
APPROVED
CONSENTCALENDAR
Voucher Nos. 5809 to 6357 inclusive, in
the amount of $3,854,517.67 and Self
Insurance Voucher Nos. 1371 to 1545
inclusive, in the amount of $97,817.44.
bo
Minutes of the Workshop, Closed Session
and Regular Meeting of January 25, 1995.
Correspondence has been received from
Carolyn Einstein, dated January 24,
1995, submitting her resignation from
the Central District Development Agency.
(Receive and place on file)
fe
Notice of Completion and acceptance
of work for Contract No. 94-119 with
Griffith Company for construction of
the Bakersfield Municipal Airport
north tie-down apron, taxiway and
replacement of existing chain-link
fencing, completed January 18, 1995.
Plans and specifications for:
Construction of a Hose Tower at
Fire Station No. 2. (Ward 2)
Abandonment of McCutcheon Sewer
Main. (Ward 6)
3 o
Rancheria Road Bridge painting.
(Ward 3)
Plans and Specifications for widening
California Avenue between Real Road and
Oak Street. (Ward 5)
Bakersfield, California, February 8, 1995 - Page 4
8. CONSEN/CAk~NDAR continued
ACTION TAKEN
go
no
mo
Contract Change Order No. 2 to Contract
No. 94-108 with Spiess Construction Co.,
Inc. for the construction of the North-
east Bakersfield Sewer Trunk Line,
Assessment District No. 93-1. ($12,750)
(Ward 3)
Resolution of Intention No. 1135 declar-
ing the City's intention to order the
vacation of the unused north 10 feet of
the 30 foot wide east/west alley in
Block 461, located west of Elm Street
between 21st and 22nd Streets. (Ward 5)
Resolution establishing Maintenance
District No. 2-14 (Interim), confirming
the assessment and authorizing collec-
tion of assessments by the Kern County
Tax Collector (Gosford and District).
(Ward 4)
Resolution establishing Maintenance
District No. 3-08 (Interim), confirming
the assessment and authorizing collec-
tion of assessments by the Kern County
Tax Collector (Ashe and Woodmere).
(Wards 4 & 6)
Resolution specifying that Kern Canyon
Road No. 1 Annexation shall, upon annex-
ation, be included within the Greater
Bakersfield Separation of Grade District
and setting hearing for March 8, 1995
for objections thereto. (Ward 3)
Resolution amending the official list
of designated speed zones, pursuant to
Sections 22357 and 22358 of the Calif-
ornia Vehicle Code and Chapter 10.24 of
the Bakersfield Municipal Code. (Wards
1, 4, 5, 6 & 7)
Resolution in support of the planning
and development of a Very High Speed
Ground Transportation (VHSGT) System
from Southern California to Northern
California through the San Joaquin
Valley.
Resolution authorizing the City Manager
to file an application for a Federal
Grant for the Bakersfield Municipal
Airport. (Ward 1)
SMITH
ANNOUNCED
ABSTENTION
FOR CONFLICT
RES 20-95
RES 21-95
RES 22-95
REMOVED FOR
SEPARATE
CONSIDERATION
RES 23-95
RES 24-95
Bakersfield, California, February 8, 1995 - Page 5 O~3
8. CONSENT CALENDAR continued
ACTION TAKEN
Tract Maps/Improvement Agreements:
Final Map for Tract 5642 for con-
dominium conversion with James A.
and Carmen E. Beckstrom, Stephen
A. Miller and Trustee Barbara J.
Miller, located on the east side
of Gosford, north of Westwold.
(Ward 4)
Final Map and Improvement Agree-
ments with Probuilt Development
and Construction, Inc. for Tract
5640, Phase i, located at the
northwest corner of Coffee Road
and Willow Creek Drive. (Ward 4)
Final Map and Improvement Agree-
ment with Kyle Carter Homes Inc.
for Tract 5688, Phase F, located
on the north side of Harris Road,
approximately one quarter mile
west of Stine Road. (Ward 6)
Final Map and Improvement Agree-
ment with Stine Road Developers
for Tract 5688, Phase B, located
on the north side of Harris Road,
approximately three quarters of a
mile west of Stine Road. (Ward 6)
Final Map and Improvement Agree-
ments with Castle and Cooke Homes
Inc. for Tract 5544, Phase B,
located on the south side of Brim-
hall Road at Verdugo Lane. (Ward 4)
Final Map and Improvement Agree-
ments with Castle and Cooke Homes
for Tract 5756, Phase B, located
on the south side of Spring Creek
Loop at Misty Breaks Drive.
(Ward 4)
Final Map and Improvement Agree-
ment with Coral Keys for Tract
4957, Unit 3, located on the south
side of Harris Road at Ashe Road.
(Ward 6)
AGR 95-30
AGR 95-31
ROWLES
ANNOUNCED
ABSTENTION
FOR CONFLICT;
AGR 95-32
ROWLES
ANNOUNCED
ABSTENTION
FOR CONFLICT;
AGR 95-33
AGR 95-34
AGR 95-35
AGR 95-36
AGR 95-37
AGR 95-38
Bakersfield, California, February 8, 1995 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
Do
Vo
Amendment No. 1 to Consultant Agreement
No. 94-207 with Cornerstone Engineering,
Inc. for surveying and engineering ser-
vices for design of expansion of Green
Waste Recycling Center, located on East
Planz Road at South Mt. Vernon Avenue.
(Ward 1)
Amendment No. 1 to Consultant Agreement
No. 93-154 with Brown and Caldwell for
the Wastewater Treatment Master Plan.
Agreement with the Kern High School
District to provide Hearing Officer
services for parking citations received
at Kern High School District locations.
Agreement with Mobiletown Company
(Wattenbarger property) to purchase
real property ($12,500) located adjacent
to Manor Street for bike path purposes.
(Ward 2)
Agreements with State of California,
Department of Transportation, Program
Supplement Nos. 015 and 017, for Calif-
ornia Avenue median modifications and
resurfacing various streets.
Accept bid to award Annual Contract to
Gilliam & Sons, Inc. ($63,750) for Wood
Waste/Green Waste Grinding Service.
Accept bid to award Contract to Lutrel
Services, Inc. ($171,513.00) for remov-
al and installation of underground
storage tanks at the Police Department
and Corporation Yard. (Wards 2 & 5)
Accept bid to award Contract to West
Valley Construction Company ($131,330)
for construction of Coffee Road Water
Main Extension, Phase II, for the Water
& Sanitation Department. (Ward 4)
Appropriate $12,500 from the proceeds
of the Resolution Trust Corporation
(RTC)/Care Foundation Inc. finders fee
(Villa de Oro located at 1841-1849
Golden State Avenue) deposited in trust
account to the Community Development
General Fund Budget.
AGR 95-39
AGR 95-40
AGR 95-41
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 95-42
AGR 95-43
CON 95-44
CON 95-45
CON 95-46
Bakersfield, California, February 8, 1995 - Page 7
8. CONSENT CALENDAR continued
ACTION TAKEN
Motion by DeMond to adopt Items (a)
through (x) of the Consent Calendar,
with the exception of Items 1. and
s.; Rowles abstaining on Items 0.3.
and 0.4. due to previous business
relationship; and Smith abstaining
on Item g. due to owning property
nearby.
APPROVED
Resolution amending the official list
of designated speed zones, pursuant to
Sections 22357 and 22358 of the Calif-
ornia Vehicle Code and Chapter 10.24 of
the Bakersfield Municipal Code. (Wards
1, 4, 5, 6 & 7)
Motion by Salvaggio to adopt Item 1.
of the Consent Calendar.
RES 25-95
APPROVED
Salvaggio requested staff to perform
a survey on Panama Lane from South H
Street to Union Avenue, and the speed
limit to be lowered from 55 mph to 45
mph, rather than 55 mph to 50 mph.
Agreement with Mobiletown Company
(Wattenbarger property) to purchase
real property ($12,500) located adjacent
to Manor Street for bike path purposes.
(Ward 2)
AGR 95-47
DEED 4145
DEED 4146
Motion by McDermott to adopt Item s. of APPROVED
the Consent Calendar. NS ROWLES
Bakersfield, California, February 8, 1995 - Page 8
9. HEARINGS
ACTION TAKEN
Hearing to consider a resolution find-
ing that certain weeds, debris, and
discarded articles on the properties
listed below constitute a public nui-
sance and directing the Fire Chief to
abate such nuisance.
Ward 1:
Ward 4:
Ward 6:
Ward 7:
925 K St.; 2241 S. Union Ave-
nue; 105 Clifton St.; 2300 S.
Union Ave.
10517 Galway Bay; 10805 Gal-
way Bay; 7900 McNair.
SW corner Hosking & Wible; SE
corner Hosking & Wible.
south of 3807 Mesa Grande.
Hearing opened at 7:25 p.m.
No one spoke at hearing.
Hearing closed at 7:26 p.m.
Salvaggio requested Fire Prevention
Inspector DeMarco to speak with neigh-
bor Larry Keller regarding the property
owner of south of 3807 Mesa Grande.
RES 26-95
Motion by DeMond to adopt Resolution,
confirming the report of the Fire Chief.
APPROVED
Resolution adopting Negative Declara-
tion and approving application propos-
ing proceedings for annexation of terr-
itory located east of Madison Street,
630 feet north of Watts Drive, identi-
fied as Annexation No. 384, Madison No.
1. (Ward 1)
Hearing opened at 7:30 p.m.
No one spoke at hearing.
Hearing closed at 7:31 p.m.
Development Director Hardisty provided
background information.
RES 27-95
Motion by Carson to adopt Resolution. APPROVED
Bakersfield, California, February 8, 1995 - Page 9 ~i
9. HEARINGS continued
ACTION TAKEN
Public hearing as required by Resolu-
tion of Intention No. 1133, to hear
public testimony regarding the assess-
ments for Maintenance District No. 2-15
(Interim) (Stockdale and coffee/Gosford).
(Ward 4)
Correspondence was received in support
of the proposed district from C. Harvey
Campbell, Jr., dated January 31, 1995.
Correspondence was received in opposi-
tion to the proposed district from:
Robert & Carolyn Hardt, dated February
7, 1995; Diane Kind, dated February 6,
1995; Floyd & Caroline Liles, dated
February 2, 1995; David & Theresa Liven-
good, dated February 5, 1995; Margaret
& Jessie Madamba, dated February 7,
1995; Don & Terisifa Moody, February 7,
1995; Robert S. Moran, dated February
6, 1995; Bob M. Nichols, dated February
4, 1995; Bruce & Susie Reese, dated Feb-
ruary 6, 1995; Gary K. Wilkinson, dated
February 3, 1995; Rick Paul, dated Feb-
ruary 8, 1995; and Lee Morales, dated
February 8, 1995.
Correspondence was also received in
opposition from Russell H. Sempell,
representing Stockdale Estates and
Quailwood property owners, dated Feb-
ruary 8, 1995. Eighty (80) printed
flyers were signed from Quailwood
property owners.
Mayor Price announced this is the first
of two hearings to be held on this issue,
with no action required tonight. A
protest hearing is scheduled to be held
March 22, 1995.
Public Works Engineer III Shaw provided
background information.
Hearing opened at 7:45 p.m.
The following individuals spoke in
opposition:
Russ Sempell; Rick Paul; John Veird;
Bob Moran; and Marge Hardt.
Bakersfield, California, February 8, 1995 - Page 10
9. HEARINGS continued
ACTION TAKEN
The following individuals spoke in
support:
Ken Secor, President, CalState Bakers-
field; Margaret Carlson; Mary Jane
Wilson; Joe Doshier; and Roger Mcintosh,
Martin-Mcintosh.
The following individuals spoke in re-
buttal, opposition:
Ken Kind; Marge Hardt; and Ken Blanton.
Hearing closed at 8:10 p.m.
McDermott requested staff produce pic-
tures of what straight paving looks
like; and cost comparison that shows
the difference between stamped brick,
landscaping and paving, to be provided
for the protest hearing, March 22, 1995.
Salvaggio requested Bob Moran, resi-
dent, to provide a copy of correspond-
ence from past Councilmember Conni
Brunni.
Mayor Price announced a recess at 8:45
p.m. and reconvened the meeting at 8:55
p.m.
Public Hearing as required by Resolu-
tion of Intention No. 1134, ordering
the vacation of the 33 foot wide alley
in Block 350 between 14th Street and
the A.T.& S. F. Railway Company tracks,
from M Street to N Street. (Ward 2)
Correspondence was received in opposi-
tion to staff recommendation from:
Emil John Schaub, New Business Manager,
California Water Service Company, dated
February 2, 1995; and Gary E. Fultz,
Kern Business Forms, dated February 7,
1995.
Correspondence was also received from
Lee R. Dussell, Right of Way Adminis-
trator, Pacific Bell, dated February
7, 1995, requesting specific language
be incorporated in the Council Resolu-
tion providing for easements for util-
ities.
RES 28-95
Bakersfield, California, February 8, 1995 - Page 11
9. HEARINGS continued
ACTION TAKEN
Public Works Director Rojas provided
background information.
Hearing opened at 8:59 p.m.
Mary Trichell spoke in support of
staff recommendation.
Hearing closed at 9:00 p.m.
Motion by DeMond to adopt Resolution
with provisions for appropriate ease-
ments.
APPROVED
Public hearing to determine whether
public interest and necessity require
taking, by eminent domain, property
located at California Avenue, for the
purposes of road reconstruction. (Pur-
suant to California Code of civil Pro-
cedure Section 1245.230)
Hearing opened at 9:00 p.m.
No one spoke at hearing.
Hearing closed at 9:00 p.m.
Motion by Rowles to adopt Resolution
of Necessity, declaring the public
interest and necessity for the taking
of certain property, located at Cali-
fornia Avenue, for road construction
purposes, enabling the City to condemn
the subject property.
RES 29-95
APPROVED
10.
REPORTS
Community Services Committee Report No.
2-95 regarding Kern River Parkway Foun-
dation's Project at Truxtun and Coffee
Road.
Motion by Carson to accept Report and APPROVED
implement recommendations.
Bakersfield, California, February 8, 1995 - Page 12
10. REPORTS continued
ACTION TAKEN
City Manager Report No. 6-95 regarding
Streamlining Task Force.
Assistant City Manager Stinson provided
an overview of the permit and develop-
ment processes.
DeMond requested staff to chart the pro-
gress taken on each item on the recom-
mendation list until they are completed.
Rowles requested Council be updated on
the progress in 6 - 9 months through a
workshop or committee.
Salvaggio requested Council be provided
with City Attorney's prepared opinion
regarding Item 1.
Motion by Salvaggio to implement the
recommendations and refer Recommenda-
tion Items 1. and 2. to the Urban
Development Committee.
APPROVED
city Manager Oral Report No. 7-95
regarding 1995/96 Budget Guidelines.
City Manager Tandy provided an over-
view of the Fiscal Year 1995-96 Budget
Guidelines.
11. DEFERRED BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-23 by prezoning property
from County Estate 1/4-acre Residential
Suburban and Estate 1/2-acre Residential
Suburban to City Residential Suburban on
52 acres, located south of Milo Avenue,
north of Tyndall Avenue, between Marbella
Street and Marin Street. (Ward 6)
Motion by Chow to adopt Ordinance.
ORD 3629
APPROVED
NS CARSON
ROWLES
SALVAGGIO
Bakersfield, California, February 8, 1995 - Page 13
11. DEFERRED BUSINESS continued
ACTION TAKEN
bo
Ordinance adding Hageman No. 2 Annexa-
tion to Ward 4, located southwest of
Jewetta and Hageman Road. (Ward 4)
Motion by McDermott to adopt Ordinance.
ORD 3630
APPROVED
Agreement with Destec Energy, Inc. for
City of Bakersfield to act as Trustee.
(Ward 3)
Motion by Smith to approve Agreement.
AGR 95-48
APPROVED
12. NEW BUSINESS
Ordinance amending Chapter 5.36 of the
Bakersfield Municipal Code relating to
circuses, carnivals and tent shows.
Ordinance amending Subsections C. and
F. of Section 5.10.010, Sections
5.10.020, 5.10.030t 5.10.060, 5.10.070,
5.10.100, 5.10.110, 5.10.120, 5.10.140,
and 5.10.150; and repealing Sections
5.10.040 and 5.10.080 of the Bakers-
field Municipal Code relating to
ambulances.
Motion by DeMond to refer Item c.
back to Budget & Finance Committee.
FR
APPROVED
Do
Ordinance adding Section 2.02.030 of
the Bakersfield Municipal Code relating
to continuous residence of Councilmem-
bers in their ward.
Motion by Rowles to give First Reading
to the Ordinance and refer to Legisla-
tive and Litigation Committee to add
the appropriate language stating:
"Upon the ward boundary lines being
changed, if it redistricts the Coun-
cilmember out o~ their ward they would
continue to serve the remainder of that
term"; with the Ordinance being placed
on the February 22, 1995 agenda.
FR
NAT
Bakersfield, California, February 8, 1995 - Page 14
12. NEW BUSINESS continued
ACTION TAKEN
Amended motion by Rowles to give First
Reading to the Ordinance and refer to
Legislative and Litigation Committee to
add the appropriate language, stating:
"Upon the ward boundary lines being
changed, if it redistricts the Coun-
cilmember out of their ward they would
continue to serve the remainder of that
term"; discuss Charter issues and how
the Charter would be effected; and
place the Ordinance on the February 22,
1995 agenda.
APPROVED
NS MCDERMOTT
13. COUNCIL STATEMENTS
Salvaggio requested staff provide updates
on the proposed traffic signal modification
at Planz and Wible Roads; and on the new
traffic signal at Akers Road and Panama Lane.
Salvaggio thanked staff for their assistance
on problems at Pacheco Road and Hughes Lane.
Salvaggio requested staff advise him, as soon
as possible, if City can compel the property
owners at Panama Lane and Colony (David and
Eleanor Falk c/o Skiles Ashe & Company, 5401
Business Park South, #126) to place "No
Dumping" signs on their property.
Salvaggio requested Chief Kelly compel
Southern Pacific to clean their property (2
vacant areas north of the sump on the other
side of Hughes Lane in front of Brookhaven)
Salvaggio thanked the Streets Division for
repairing the pot holes on Sidney Drive.
Smith referred to Economic and Community
Development the issue of the graffiti and
property cleanup at convenience store at
Oswell and Bernard Street.
Smith thanked Public Works Director Rojas
for responding to her constituents needs.
Bakersfield, California, February 8, 1995 - Page 15
13 o COUNCIL STATEMENTS
ACTION TAKEN
DeMond thanked City Clerk Secretary Welty
for her assistance in responding to a con-
stituent.
DeMond stated concerns about 'the appearance
of the southern view from rooms at the Con-
vention Center Hotel; and requested staff
check into the future plans for that area
and also south of the railroad tracks.
14. ADJOURNMENT
Motion by DeMond at 9:55 p.m.
APPROVED
O~th~e~C~i~ of Bakersfield,
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
FEBS.A
2/24/95 10:51am
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 22, 1995
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, McDermott,
Rowles, Chow, Salvaggio (seated
at 5:25)
None
2 o
ROUTE 58/KERN RIVER FREEWAY/ROSEDALE HIGHWAY
ADOPTION STUDY.
Public Works Director Rojas provided back-
ground information and a brief synopsis of
the existing system and future plans.
Alan McCuen, CalTrans, spoke and introduced
Mary Frederick, Project Manager; Mike Brady,
Engineering Manager; and Rudy Chavez, pro-
ject staff person.
Mayor Price announced a recess at 5:30 p.m.
and reconvened the meeting at 5:40 p.m.
FISCAL YEAR 1995-96 CONSOLIDATED SUBMISSION
FOR COMMUNITY DEVELOPMENT PROGRAMS TO THE
FEDERAL DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
Economic Development Director Wager pro-
vided background information on the HUD
Program changes and funding.
Motion by DeMond to recess to Closed Session APPROVED
at 5:50 p.m.