Loading...
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