HomeMy WebLinkAbout03/22/1995 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 22, 1995
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLE CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
DeMond, Carson (seated at 5:20),
Smith, McDermott, Rowles (seated
at 5:32), Chow, Salvaggio
None
MULTI-AGENCY PARTNERSHIP FOR J. DIAMOND
CHILD ASSESSMENT CENTER.
City Attorney Skousen introduced Nona
Tolentino, Director, Jamison Children's
Center, who introduced her team of staff
members provided an overview of the Child
Assessment Center and distributed written
material.
3 o
FISCAL YEAR 1995-96 CITY OF BAKERSFIELD HUD
PROJECTS.
Economic Development Director Wager provided
an overview of the proposed projects and
distributed written material.
Motion by DeMond to recess to Closed Session
at 5:55 p.m.
APPROVED
CLOSED SESSION
Conference with Legal Counsel (Existing
Litigation) pursuant to Government Code
Section 54956.9(a) regarding Bankruptcy
of Riverlakes Ranch, Ltd., U.S. Bankruptcy
Court, Central District of California, Case
No. SA 94-16719-JR. (Ward 4)
Conference with Labor Negotiator pursuant to
Government Code Section 54957.6. with city's
Negotiator, Mr. Bill Avery, and Employee
Organization Police and Police Supervisory
Units.
UPDATE
RECEIVED
DIRECTION
PROVIDED TO
NEGOTIATOR
Bakersfield, California, March 22, 1995 - Page 2
CLOSED SESSION
ACTION TAKEN
Public Employee Performance Evaluation of
the city Attorney pursuant to Government
Code Section 54957.
DISCUSSION
COMMENCED
Motion by Salvaggio to adjourn from Closed
Session at 6:55 p.m.
APPROVED
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Mayor Bob Price.
2 · PLEDGE OF AII I=GIANCE
3. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
DeMond, Carson, Smith, McDermott,
Rowles, Chow, Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced Closed Session action
as reflected on Pages 1 and 2.
5 o
PRESENTATIONS
Mayor Price read a proclamation to be
delivered to the Health Department
proclaiming April 3 through 8, 1995 as
Public Health Week.
PUBUC STATEMENTS
Nora Marin, spoke regarding CDBG funds
application by a community service
organization.
Do
The following individuals spoke regard-
ing the Sexual Assault Response Program:
Monica Brown; Donna Hinds; and Debra
Johnston, Bakersfield Memorial Hospital
SART coordinator.
Bakersfield, California, March 22, 1995 - Page 3
7. APPOINTMENTS
ACTION TAKEN
One (1) appointment to the Central
District Development Agency due to
the resignation of Carolyn F. Ein-
stein, term expiring April 22, 1996.
Mayor Price announced the nomination
of David Raphael.
Motion by McDermott to appoint David
Raphael, term expiring April 22, 1996.
APPROVED
Two (2) appointments to the Historic
Preservation Commission due to the
expiration of terms of Pete Leveroni
(Ward 4) and Gwen Hare (Ward 5), terms
expiring March 30, 1995.
Motion by Rowles to appoint Joan S.
Starkey (Ward 5), term expiring March
30, 1999.
APPROVED
McDermott announced he is not prepared
to make an nomination for Ward 4 and
requested the applications remain open
for the next Council meeting.
One (1) appointment to the Board of
Building Appeals due to the resignation
of Gerald Towery, no term specified.
First Ballot Votes ranked by preference:
Ward 1 - Martin
Ward 2 - Martin
Ward 3 - Martin
Ward 4 - Martin
Ward 5 - Martin, Worthing
Ward 6 - Martin, Worthing
Ward 7 - Martin
Assistant City Clerk McCarthy announced
the individual receiving the highest
number of votes was Judith P. Martin.
Motion by DeMond to appoint Judith P. APPROVED
Martin, no term specified.
Bakersfield, California, March 22, 1995 - Page 4
12. NEW BUSINESS
ACTION TAKEN
Motion by Rowles to add an item to the
Agenda that arose after the Agenda was
posted and requires action tonight.
APPROVED
Waiving of fees associated with the
holding of a Federal Hearing on Endang-
ered Species at the Convention Center.
Motion by Rowles to direct staff to
waive the fees.
APPROVED
(New Business continued on Page 13)
CONSENTCALENDAR
ao
Voucher Nos. 7368 to 7799 inclusive,
in the amount of $4,406,351.36 and
Self Insurance Voucher Nos. 1830 to
1961 inclusive, in the amount of
$113,723.52.
Minutes of the Workshop, Closed Session
and Regular Meeting of March 8, 1995.
So
Easement Deed to The Atchison, Topeka
and Santa Fe Railway Company for rail-
road purposes on Truxtun Avenue. (Ward
5)
Resolution dedicating public street
right of way for East Planz Road on
the east side of Mt. Vernon Avenue in
the City of Bakersfield. (Ward 1)
so
Resolution authorizing the Ad Hoc
Committee, designated by the City Man-
ager, to hear the request of Granite
Construction Company to substitute a
subcontractor in accordance with the
Subletting and Subcontracting Fair
Practices Act.
Resolution approving application for
annexation of territory located on the
south side of Kingsley Street and the
northeast corner of Talisman Drive and
Castro Lane to the City of Bakersfield
identified as Annexation No. 385,
Kingsley No. 1. (Ward 6)
DEED 4163
RES 50-95
RES 51-95
RES 52-95
Bakersfield, California, March 22, 1995 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
j o
Resolution preliminarily approving
Engineer's Report, setting dates for
informational hearing (April 19, 1995)
and public hearing of protests (May 17,
1995), Assessment District No. 94-1,
Renfro/Hughes. (Ward 4)
Tract Maps/Improvement Agreements:
Improvement Agreement with Castle
and Cooke Communities, Inc. for
Parcel Map Waiver No. 18-94,
located at the northeast corner
of Gosford Road and District Blvd.
(Ward 4)
Final Map and Improvement Agreement
with Kyle Carter Homes, Inc., for
Tract 5688, Phase G, located on the
north side of Harris Road, approxi-
mately 1320 feet west of Stine Road.
(Ward 6)
Final Map and Improvement Agreements
with Tevis Ranch, for Tract 5666,
Phase II, located on the north side
of Campus Park Drive, approximately
1400 feet east of Mountain Vista
Drive. (Ward 4)
Response to Grand Jury Report concerning
Japan trip by Bakersfield City Officials.
Improvement Agreement with Castle and
Cooke Homes Inc. for completion of view
wall on the south side of Brimhall Road,
east of Calloway Drive in Tract 5770.
(Ward 4)
Agreement with Constance S. Dickson to
pay the cost of acquisition of real
property pursuant to Government Code
Section 66462.5 for right-of-way on
Berkshire Road, east of Stine Road.
(Ward 6)
Agreement with William L. and Geraldine
Skaggs to sell and purchase an easement
for road purposes for right-of-way on
Berkshire Road, east of Stine Road.
(Ward 6)
RES 53-95
AGR 95-85
AGR 95-86
AGR 95-87
AGR 95-88
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 95-89
AGR 95-90
AGR 95-91
DEED 4164
Bakersfield, California, March 22, 1995 - Page 6
8. CONSENT CAlENDAR continued
ACTION TAKEN
Do
So
Agreement with Bakersfield Firefighters
Burn Foundation to indemnify and hold
harmless, to waive liability and to
accept transfer of property (fire
truck) without warranty.
Sale of City owned property located at
21st and M Streets:
Agreement with Carlson Development
for the sale of City owned property
at 21st and M Streets. (Ward 2)
2 o
Resolution making the finding that
redevelopment assistance is neces-
sary to carry out the purposes of
the Redevelopment Plan. (Ward 2)
Consultant's Agreement with Martin-
Mcintosh for landscape architecture and
engineering services for design of Tevis
Ranch Park. (Ward 4)
Memorandum of Understanding between the
County of Kern/Departments of Human
Services, Mental Health, Sheriff, Dis-
trict Attorney, and Kern Medical Center;
and the City of Bakersfield/Bakersfield
Police Department regarding the Child
Assessment Center Protocol.
Agreement with the Housing Authority of
Kern County (HACK) for additional police,
crime prevention and protective services.
Agreement with William Avery & Associ-
ates, Inc., for negotiations and con-
sultant services in employer-employee
relations.
City Manager's Contract:
Amendment No. 1 to Contract No.
92-154 with Alan Tandy, City
Manager, for employment.
Resolution amending Resolution
No. 109-94 setting salaries and
related benefits.
AGR 95-92
AGR 95-93
DEED 4165
RES 54-95
AGR 95-94
AGR 95-95
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 95-96
CON 95-97
RES 55-95
Bakersfield, California, March 22, 1995 - Page 7
8. CONSENT CALENDAR continued
ACTION TAKEN
%/.
Wo
aa.
bb.
Accept bid to award Contract to Granite
Construction Company ($1,352,656) for
construction on California Avenue,
Easton Drive to Oak Street, and State
Route 99 Ramps on California Avenue;
and appropriate $495,000 fund balance
to the Public Works Capital Improvement
Budget in the Gas Tax Fund and transfer
$686,000 appropriations from the Gas
Tax Fund to the Transportation Develop-
ment Fund. (Ward 5)
Accept bid to award Annual Contract to
Jim Alfter, Cement Contractor, ($24,575)
for canal liner repair.
Accept bid to award Annual Contract to
Pavement Recycling Systems, Inc.
($29,500) for cold planing for Streets
Division.
Accept bid from Power Pumps, Inc.
($35,821.50) for two replacement trailer
mounted water pump units for Streets
Division.
Accept bid from Jim Burke Ford
($60,958.63) for three replacement
14,000 GVW cab and chassis (1 Streets,
1 General Services, 1 Equipment).
Accept bid from Jim Burke Ford
($77,538.79) for two replacement Brush
Trucks.
Accept bids from Jim Burke Ford (3 units,
$49,117.99), Three-Way Chevrolet (5
units, $84,880.46), George Chevrolet
(22 units, $330,064.01) and State Con-
tract (5 units, $75,340.23 for vehicles.
(Total: $539,402.69)
Accept bid from Motor City Sales and
Service ($30,426.58) for replacement
Fire Department command unit.
Accept bid from Quinn Company
($289,253.25) for three replacement
4-wheel drive loaders for Streets (2
each) and Water (1 each).
CON 95-98
CON 95-99
CON 95-100
Bakersfield, California, March 22, 1995 - Page 8
8. CONSENTCALENDAR continued
ACTION TAKEN
cc.
Rescind award of Annual Contract to
George Cain Jr. Construction to furnish
and install trespass barriers for dan-
gerous buildings within the City limits.
dd.
Request by Mayor Price to join the Sis-
ter City Delegation on trip to Minsk,
Belarus.
Motion by DeMond to adopt Items (a) through
(dd) of the Consent Calendar with the excep-
tion of Items i. and q.
APPROVED
Response to Grand Jury Report concerning
Japan trip by Bakersfield City Officials.
Motion by McDermott to adopt Item i. of
the Consent Calendar.
APPROVED
NS SALVAGGIO
Agreement with the Housing Authority of
Kern County (HACK) for additional police,
crime prevention and protective services.
AGR 95-101
Motion by Carson to adopt Item q. of
the Consent Calendar.
APPROVED
9 o
HEARINGS
Protest hearing as required by Resolu-
tion of Intention No. 1133, establish-
ing Maintenance District No. 2-15
(Interim), with Stockdale Estates and
Quailwood excluded, confirming the
assessment and authorizing collection
of assessments by the Kern County Tax
Collector. (Stockdale and coffee/Gos-
ford). (Ward 4)
RES 56-95
Bakersfield, California, March 22, 1995 - Page 9
9. HF_ARINGS continued
ACTION TAKEN
so
Correspondence was received in opposi-
tion to the proposed Maintenance Dis-
trict from:
Mrs. W. J. Davis, received February 13,
1995; Florence Hiett, dated February 8,
1995; Caroline Liles, dated March 1,
1995; Bruce Massa, dated February 8,
1995; Robert S. & Jolene D. Powell,
dated February 9, 1995; Russell H.
Sempell, representing Stockdale Estates
and Quailwood homeowners, dated Febru-
ary 13, 1995; Gary K. Wilkinson, dated
March 18, 1995; and "petitions" with
135 signatures from area residents.
City Manager Tandy provided background
information.
Hearing opened at 7:35 p.m.
No one spoke at hearing.
Hearing closed at 7:35 p.m.
Motion by McDermott to adopt Resolution
with an amended district boundary ex-
cluding Stockdale Estates and Quailwood
and deleting landscaping on Stockdale
Highway, east of Gosford.
APPROVED
be
Request by Marion Collins, Mesa Marin
Raceway, for Conditional Use Permit No.
5618, which amends Conditional Use Permit
No. 5216, to increase seating (permanent
and temporary), add storage buildings,
allow concerts, and permit automobile
shows, auctions and auto-related swap
meets on property located at 11000 Kern
Canyon Road. (Ward 3)
Correspondence was received in support
from Dave Eastwood, dated March 6,
1995; George & Janice Holder, dated
March 7, 1995; and Raymond J. Mish,
dated February 27, 1995; and in opposi-
tion from M. F. Hort, dated March 17,
1995.
Bakersfield, California, March 22, 1995 - Page 10
9. HEARINGS continued
ACTION TAKEN
Correspondence was received from Helen
Fort, State of California, Department
of Transportation, dated March 22,
1995, submitting findings of their
review.
Development Services Director Hardisty
provided background information.
Hearing opened at 7:45 p.m.
The following individuals spoke in
support of staff recommendation:
Judy Salamacha, Public Relations and
Marketing Consultant, Mesa Marin; Lee
Braise, General Manager, Best Western
Inn; Brad Barnes, racer; Barbara Wil-
liams, Principal, Cesar Chavez School;
and Marion Collins, who requested
changes to some conditions.
Hearing closed at 8:00 p.m.
Smith recognized Marion Collins to
speak.
Motion by Smith to grant the requests
of Mr. Collins.
NAT
Smith requested:
· Prior to granting Mr.
Collins'
requests and deciding to enhance/
intensify the activities, the noise
results from this weekend's race be
reviewed;
· Report from Public Works and Police
Chief Brummer that traffic congestion
on 178 will not create a public safety
issue;
· Report from City Attorney Skousen on
what the options and obligations are
as far as compliance with the General
Plan standards for noise exposure;
· If time for racing can be extended to
11:00p.m; and
· Report from Planning Director on the
feasibility of rezoning adjacent proper-
ties to less noise sensitive zones.
Bakersfield, California, March 22, 1995 - Page 11
9. HEARINGS continued
ACTION TAKEN
bo
Smith requested:
= Planning Director be responsible
for coordinating the annual noise
monitoring, at the applicant's ex-
pense, for concerts and racing;
· Permits for the non-racing events be
granted until October 1, 1997; then
move the noise monitoring point from
the north property line of Mesa Marin
to the northern boundary of the commer-
cial zone between Mesa Marin and exist-
ing State Highway 178;
· Review standing room and festival
seating;
· Allow 24 hours before and after auto-
related events and swap meets for
clean-up and set-up.
Smith requested Mr. Collins submit the
noise study by April 19th; and reim-
burse the City $1900 for the "No Park-
ing" signs.
Smith stated she would like to address
the issue of events not continuing past
10:00 p.m. at the April 19th meeting,
after the noise study.
Amended motion by Smith to defer Council
action to the meeting of April 19, 1995,
with a response to issues from CalTrans
brought back at that time.
APPROVED
Mayor Price announced a recess at 8:55
p.m. and reconvened the meeting at 9:00
p.m.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map Nos. 102-25 and 103-30 by changing
the zoning of 405 acres, generally
located in the Downtown Central
Business District, from Multiple Family
Residential, Professional and Adminis-
trative Office, Neighborhood Commercial,
Regional commercial and Light Manufac-
turing to commercial Center; and from
Regional Commercial and Commercial
Center to Central Business (ZC 5607).
(Ward 2)
FR
Bakersfield, California, March 22, 1995 - Page 12
9. HEARINGS continued
ACTION TAKEN
Correspondence was received from
Hilred J. Martin and Alice N. Hoff,
dated March 18, 1995, requesting
their properties remain M-1.
Development Services Director Hardisty
provided background information.
Hearing opened at 9:04 p.m.
No one spoke at hearing.
Hearing closed at 9:04 p.m.
Motion by DeMond to give First Reading
to Ordinance, and requesting the north
half of the block between 20th and 21st
and Q and R Street remain M-1.
APPROVED
ABS MCDERMOTT
Hearing to consider a Resolution finding
and declaring that the interests of the
residents residing along Pinewood Lake
Drive will best be served by applica-
tion of the provisions of the California
Vehicle Code to that street. (Ward 6)
Hearing opened at 9:06 p.m.
No one spoke at hearing.
Hearing closed at 9:06 p.m.
Motion by Chow to adopt Resolution.
RES 57-95
APPROVED
10. REPORTS
Ad Hoc Economic Development Committee
Report No. 1-95 regarding city Motto.
Rowles requested the report be corrected
on Page 1, Paragraph 1; and Page 2,
Paragraph 1, to reflect the 1993-94
Leadership Bakersfield class in place
of 1994-95.
Motion by DeMond to accept Report and APPROVED
implement recommendations.
Bakersfield, California, March 22, 1995 - Page 13
10. REPORTS continued
ACTION TAKEN
bo
Ad Hoc Economic Development Committee
Report No. 2-95 regarding the Future
of the Ad Hoc Economic Development
Committee.
Motion by DeMond to accept Report and
and implement recommendation.
APPROVED
11. DEFERRED BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-11 by changing the zoning
of 3.78 acres, generally located on the
southeast corner of Ming Avenue and
Canter Way from One Family Dwelling-
Church to Planned Commercial Develop-
ment for the development of a 50,350
square foot retail commercial store.
(Copeland's) (Ward 5)
Motion by Rowles to adopt Ordinance.
ORD 3636
APPROVED
Amendments to Ambulance Services:
Ordinance amending Subsections
C. and F. of Section 5.10.010,
Sections 5.10.020, 5.10.030,
5.10.060, 5.10.070, 5.10.100,
5.10.110, 5.10.120t 5.10.140t
and 5.10.150; and adding Section
5.10.125 and repealing Sections
5.10.040 and 5.10.080 of the
Bakersfield Municipal Code relat-
ing to ambulances.
FR
Resolution establishing ambulance
service charges.
Motion byDeMond to adopt Resolution
and give First Reading to Ordinance.
RES 58-95
APPROVED
Co
Agreement with Toshiba America Inform-
ation system, Inc. to lease a Toshiba
copy machine for the Police Department.
AGR 95-102
Motion by Carson to approve Agreement. APPROVED
Bakersfield, California, March 22, 1995 - Page 14
12. NEW BUSINESS
ACTION TAKEN
Assistant City Clerk McCarthy announced a
revised Ordinance for Item b. has been dis-
tributed.
So
go
Ordinance adding Calloway No. 5 Annexa-
tion to Ward 4, located west of Callo-
way Drive between Rosedale Highway and
Meacham Road. (Ward 4)
Ordinance amending Chapter 8.44 of the
Bakersfield Municipal Code relating to
fireworks.
Ordinance amending Subsection B. of
Section 5.02.060, Section 5.02.070,
Subsection A. of Section 5.02.200 of
the Bakersfield Municipal Code; and
adding Subsection D. to Section
5.02.200 to the Bakersfield Municipal
Code relating to the business license
tax.
Ordinance adding Sections 13.08.060 and
13.08.070 to Chapter 13.08 of the
Bakersfield Municipal Code requiring
notices to buyers of property subject
to assessment district liens and
authorizing the reallocatlon of special
assessments from benefitted parcels to
other parcels with the express written
consent of the owners of the parcels
assessed.
City Attorney Skousen provided back-
ground information.
Ordinance amending Subsection C. of
Section 14.12.160 of the Bakersfield
Municipal Code and adding Section
14.12.195 to the Bakersfield Municipal
Code relating to sewers.
Ordinance amending Chapter 15.80 of
Title 15 of the Bakersfield Municipal
Code relating to park land requirements.
Resolution adopting standards for
appraisal reporting related to park
land.
FR
FR
FR
FR
FR
FR
RES 59-95
Motion by DeMond to adopt Resolution. APPROVED
Bakersfield, California, March 22, 1995 - Page 15
13. COUNCIL STATEMENTS
ACTION TAKEN
Mayor announced he will not be attending
the meeting of April 5, 1995 as he will be
out of town.
Rowles thanked Public Works Director Rojas
and Public Works Operations Manager Lozano
for their assistance with flooding problems
at Patriots Park and the golf course; and
requested the Urban Development Committee
monitor the progress of the drainage issue
at the Kern City/Westwood Estates/Ashe Road
Rowles thanked Economic Development Director
Wager and staff and Police Chief Brummer and
staff for their hard work at the 1st Annual
St. Patrick's Day Parade downtown.
Rowles thanked City Manager Tandy, Public
Works and City Attorney Skousen for their
input on the meeting today regarding im-
provements at California Avenue and Oak
Street.
Rowles thanked all members for the waiving
of the fees for the Federal Hearing on the
Endangered Species Act tonight and encour-
aged everyone to attend the first meeting
April 17, 1995, 3:00 p.m. to 7:00 p.m.
Carson inquired into a study/analysis of
fire safety in the area of the Union Avenue
No. 10 Annexation and what type of planning
is in place and report back from committee
to Council.
Carson commented on the escalation of
violence/crime in Ward 1, particularly
between Union and Chester Avenues from
California to Brundage and requested
police services be increased.
Chow requested Public Works Director Rojas
and Police Chief Brummer investigate speed-
ing on Harris Road between Ashe and Caracus
and inquired if a crosswalk could be placed
at that site and a boulevard stop at Panama
and Stine.
Bakersfield, California, March 22, 1995 - Page 16
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Salvaggio mentioned the request from last
meeting for staff to meet with Barbara
Binge regarding her false alarm billing.
City Manager Tandy responded.
Salvaggio requested Public Works Director
Rojas make sure there is no longer a prob-
lem with the traffic signal at Hughes and
Ming Avenue; and contact Carolyn Calvillo
for her input - 831-3930.
Salvaggio requested staff bring back for
Council approval at the meeting of April 5,
1995, a resolution on Local Public Safety
Protection Improvement Act of 1993 (Propo-
sition 172, Vehicle Theft) in response to
a memo from Police Chief Brummer.
Salvaggio commented on the newspaper arti-
cles regarding Councilmember Chow; DeMond
reiterated Salvaggio's comments.
DeMond requested Planning Department devise
a method of tracking the progress of build-
ings on the demolition dangerous buildings
list.
DeMond mentioned the area residents appreci-
ate the new street light at Monterey and
Haley.
Smith remarked on Attorney Alan Dershowitz's
comments on all police departments in the
nation.
Carson referred to Budget & Finance Commit-
tee and Police Chief Brummer the issue of
the location of satellite substation for
the southeast area.
Rowles requested Public Works Manager Rojas
check the timing of the left turn signal
light at Village Lane and Stockdale Highway.
Bakersfield, California, March 22, 1995 - Page 17
13. COUNCIL STATEMENTS
ACTION TAKEN
Rowles thanked Community Services Manager
Andersen and staff and City Manager Tandy
for putting the Bakersfield Oilers Ice
Hockey Team together.
DeMond requested the timing of lights at
H Street downtown be checked for a traffic
flow problem.
Demond requested the timing of lights at
Chester and Truxtun be checked for traffic
flow at evening rush hour.
14.
ADJOURNMENT
Motion by DeMond to adjourn at 9:55 p.m. APPROVED
of the City of Bakersfield,
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
CA
MAR22.MIN
4/ 4/95 1:00pm