HomeMy WebLinkAbout04/05/1995 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 5, 1995
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLE CAll
ACTION TAKEN
Present:
Absent:
Councilmembers DeMond, Carson,
Smith, McDermott, Rowles, Chow,
Salvaggio
Mayor Price
MAINTENANCE DISTRICTS PRESENTATION.
Community Services Manager Andersen intro-
duced Parks Division staff Allen Abe and
Business Manager Georgina Lorenzi; and
Public Works Engineers Lauren Dimberg and
Marian Shaw. Business Manager Lorenzi
provided the history and a brief present-
ation of maintenance districts.
Motion by McDermott to recess to Closed
Session at 5:48 p.m.
APPROVED
CLOSED SESSION
Public Employee Performance Evaluation of
the City Attorney pursuant to Government
Code Section 54957.
REVIA~WHELD;
MATTER TO
APPEAR ON
CONSENT CAL-
ENDAR IN~WO
WEEKS
Conference with Legal Counsel (Existing
Litigation). Closed Session pursuant to
Government Code Section 54956.9(a) regarding
Deja Vu rs. City of Bakersfield, United
States District Court (Eastern District of
California), Case No. CV-F-91-702 REC.
RECEIVED
UPDATE ONLY
Motion by McDermott to adjourn from Closed APPROVED
Session at 6:45 p.m.
Bakersfield, California, April 5, 1995 - Page 2
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Mark Salvaggio
2. PLEDGE OFAI I ~GIANCE by Irma Carson
3. ROll CAll
ACTION TAKEN
Present:
Absent:
Councilmembers DeMond, Carson,
Smith, McDermott, Rowles, Chow,
Salvaggio
Mayor Price
CLOSED SESSION ACTON
Vice-Mayor DeMond announced Closed Session
action as reflected on Page 1.
5. PRESENTATIONS
PUBUC STATEMENTS
Louis Vegas spoke requesting permission
to place an easement on the corner of
Pierce Road and Rio Mirage for comple-
tion of the Maxwell Interchange Memorial.
Rowles referred this matter to Public
Works and City Attorney's Office to
begin working with Mr. Vegas.
Bruce Keith, representing the Bakers-
field Action Team, spoke regarding the
multi-use recreation stadium at Sam Lynn.
McDermott referred this issue to staff
and Urban Development Committee to make
sure that any proposals are economically
feasible.
Vice-Mayor DeMond announced:
1) She will be voting from the Mayor's
light; and
2) Hearing Item 9.b. has been withdrawn.
Bakersfield, California, April 5, 1995 - Page 3
7. APPOINTMENTS
ACTION TAKEN
One (1) appointment to the Historic
Preservation Commission due to the
expiration of term of Pete Leveroni
(Ward 4), term expiring March 30, 1995.
Motion by McDermott to appoint Marilyn
A. Wertz (Ward 5), term expiring March
30, 1999.
APPROVED
CONSENTCALENDAR
Voucher Nos. 7800 to 8380 inclusive, in
the amount of $1,919,213.42 and Self
Insurance Voucher Nos. 1962 to 2212
inclusive, in the amount of $154,713.56.
Minutes of the Workshop, Closed Session
and Regular Meeting of March 22, 1995.
Co
Dedication of Properties:
Quitclaim Deed to Dinova Partners
for a portion of a drainage ease-
ment, located east of Oswell Street
and south of State Highway 178.
(Ward 3)
Quitclaim Deed to Dean and Adah
Gay Trust No. 1 for a portion of
a drainage easement located east
of Oswell Street and south of
State Highway 178. (Ward 3)
Contract Change Order No. 3, in the
amount of $12,614, to Contract No.
94-108 with Spiess Construction Co.,
Inc. for the construction of the
Northeast Bakersfield Sewer Trunk
Line, Assessment District No. 93-1.
(Ward 3)
Resolution regarding the use of funds
generated from the passage of Proposi-
tion 172, the Local Public Safety Pro-
tection and Improvement Act of 1993.
Consent to Common Use Agreement with
Chevron U.S.A. Inc. for Tract 5602,
located at the northeast corner of
Brundage Lane and Oswell Street.
(Ward 1)
REMOVED FOR
SEPARATE
CONSIDERATION
DEED 4169
DEED 4170
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 95-103
Bakersfield, California, April 5, 1995 - Page 4
8. CONSENTCALENDAR continued
ACTION TAKEN
go
Agreement with Hatch and Parent for
the provision of legal services regard-
ing matters related to water issues
concerning the City.
Agreement with Kern Coast Services,
Inc. to purchase real property
($20,000), located at 3500 California
Avenue (Roxanne's) for road purposes.
(Ward 5)
Agreement with J.E. Grindstaff, Jr.
for construction engineering for the
construction phase of California Avenue,
Easton Drive to Oak Street and State
Route 99 Ramps at California Avenue.
(Ward 5)
Agreement with Pacific Gas and Electric
Company to convert existing overhead
facilities to underground at the north-
west corner of California Avenue.
(Ward 5)
Amendment No. 1 to Agreement No. 94-63
with Sutro & Company, Incorporated for
underwriting services for Assessment
District No. 93-3. (Ward 5)
Accept bids from Golden State Peterbilt
($418,982.85) for three replacement
automated refuse trucks and Central
Valley Truck Center ($88,887.73) for
one replacement three axle roll-off bin
refuse truck; and appropriate a total
amount of $507,871 Fund Balance to the
Public Works Operating Budget within
the Equipment Management Fund.
Transfer $40,000 from Council Contin-
gency to the Financial Services Depart-
ment Operating Budget within the General
Fund for Property Tax Administration Cost.
AGR 95-104
AGR 95-105
DEED 4171
AGR 95-106
AGR 95-107
AGR 95-108
REMOVED FOR
SEPARATE
CONSIDERATION
Motion by McDermott to adopt Items (a)
through (m) of the Consent Calendar, with
the exception of Items b., d., e. and m.
APPROVED
Bakersfield, California, April 5, 1995 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
Minutes of the Workshop, Closed Session
and Regular Meeting of March 22, 1995.
Motion by Salvaggio to adopt Item b.
of the Consent Calendar with the
correction to the motion on Page 6,
Item i. of the minutes of March 22,
1995.
APPROVED
Contract Change Order No. 3, in the
amount of $12,614, to Contract No.
94-108 with Spiess Construction Co.,
Inc. for the construction of the
Northeast Bakersfield Sewer Trunk
Line, Assessment District No. 93-1.
(Ward 3)
Motion by McDermott to adopt Item d.
of the Consent Calendar.
APPROVED
NS ROWLES
ABS SMITH
eo
Resolution regarding the use of funds
generated from the passage of Proposi-
tion 172, the Local Public Safety Pro-
tection and Improvement Act of 1993.
Motion by McDermott to adopt Item e.
of the Consent Calendar with the dele-
tion of the fourth "Whereas" paragraph.
RES 60-95
APPROVED
NS CARSON
SALVAGGIO
Transfer $40,000 from Council
Contingency to the Financial Services
Department Operating Budget within the
General Fund for Property Tax Adminis-
tration Cost.
Motion by Carson to adopt Item m. of
the Consent Calendar.
APPROVED
NS ROWLES
SALVAGGIO
Bakersfield, California, April 5, 1995 Page 6
9. HEARINGS
ACTION TAKEN
ao
Hearing to consider a Resolution finding
that certain weeds, debris and discarded
articles on the properties listed below
constitute a public nuisance and direct-
ing the Chief of the Fire Department to
abate such nuisance.
Ward 1: North of 122 Hayes; Car wash
south of 25 T Street; 501 L Street; 507
L Street; North of 214 Hayes; 1214 Mur-
dock; 901 L Street; South of 122 Hayes;
South of 245 Northrup; South of 219
Northrup; South of 33 Clyde; North of
400 Brundage.
Ward 2: N/E corner Jackson and King;
1330 Quincy.
Ward 7: Railroad easement east of
Hughes, north of Brookhaven to White
Lane.
Hearing opened at 7:35 p.m.
Fire Prevention Inspector DeMarco
requested the following properties be
removed because they are in compliance:
Car wash south of 25 T Street; and 501
L Street.
Hearing closed at 7:35 p.m.
Motion by Salvaggio to adopt Resolution,
confirming the report of the Fire Chief,
with the exception of the Car wash south
of 25 T Street; and 501 L Street.
RES 61-95
APPROVED
Appeal by Ronald D. Dessy for Best
Choice Management Company of the Board
of Zoning Adjustment's decision to app-
rove a modification to permit a reduction
in the number of required parking spaces
for a proposed mental health center from
111 spaces to 47 spaces at 1721 Westwind
Drive and allow shared use of parking
spaces with the adjacent Veteran's Admin-
istration Clinic, Modification No. 5616.
Correspondence was received from Ronald
D. Dessy, representing Best Choice
Management, dated April 4, 1995, with-
drawing the appeal.
DELETED
Bakersfield, California, April 5, 1995 - Page 7 ~i~ ~
9. HEARINGS continued
ACTION TAKEN
Nearing to consider a Resolution adopt-
ing fees and service charges pursuant
to the Revenue/Cost Comparison System
under Chapter 3.70 of the Bakersfield
Municipal Code.
Vice-Mayor DeMond announced this hear-
ing is to receive public comments with
no adoption this evening.
Hearing opened at 7:40 p.m.
Assistant City Manager Waiters provided
background information.
Barbara Don Carlos, Building Industry
Association, spoke.
Hearing closed at 7:50 p.m.
McDermott requested Budget & Finance
Committee review the procedures for
collecting the information; what
percent was recovered in past; review
Item 08180 on Planning Department
Permit Worksheet for error in collect-
ing 117% and Item 08140 - 160%.
DeMond requested Budget & Finance Com-
mittee check Item 08280 collecting only
49%.
10. REPORTS
11. DEFERRED BUSINESS
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 lo-
cated in the downtown central business
district, from Multiple Family Residen-
tial, Professional and Administrative
Office, Neighborhood Commercial, Region-
al Commercial and Light Manufacturing
to Commercial Center; and from Regional
Commercial and Commercial Center to
Central Business (ZC 5607). (Ward 2)
ORD 3637
11.
Bakersfield, California,
DEFERRED BUSINESS continued
April 5, 1995
- Page 8
ACTION TAKEN
do
go
Ordinance amending Subsections C. and
F. of Section 5.10.010, Sections
5.10.020, 5.10.030, 5.10.060, 5.10.070,
5.10.100t 5.10.110, 5.10.120, 5.10.140
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 relating to Ambulances.
Ordinance adding Calloway No. 5 Annex-
ation 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 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 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 auth-
orizing the reallocation of special
assessments from benefitted parcels to
other parcels with the express written
consent of the owners of the parcels
assessed.
Motion by McDermott to adopt Items a.
through g. of Deferred Business.
ORD 3638
ORD 3639
ORD 3640
REMOVED FOR
SEPARATE
CONSIDERATION
ORD 3641
REMOVED FOR
SEPARATE
CONSIDERATION
NAT
Motion by DeMond to adopt Items a.
through g. of Deferred Business with
the exception of Items e. and g.
APPROVED
Bakersfield, California, April 5, 1995 - Page 9
11. DEFERRED BUSINESS continued
ACTION TAKEN
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.
Motion by Carson to adopt Item e. of
Deferred Business.
ORD 3642
APPROVED
NS ROWLES
SALVAGGIO
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 auth-
orizing the reallocation of special
assessments from benefitted parcels to
other parcels with the express written
consent of the owners of the parcels
assessed.
The following individuals were recog-
nized to speak:
Doris Arnold; Ken Mettler; and Roger
Mcintosh, Martin Mcintosh Engineering.
Motion by McDermott to adopt the Ordin-
ance with the amendment to Page 2, Item
Item D. of the ordinance to read "--to
pay for improvement that bear a rational
nexis to the property to be assessed."
ORD 3643
NAT
Amended motion by Salvaggio to divide
the question and vote on the aspect of
public disclosure and the method of
allocation of assessments separately.
FAILED
NS CARSON
SMITH
MCDERMOTT
ROWLES
Motion by McDermott to adopt the Ordin-
ance with the amendment to Page 2, Item
Item D. of the ordinance to read "--to
pay for improvements that bear a rational
nexis to the property to be assessed."
APPROVED
NS SALVAGGIO
Bakersfield, California, April 5, 1995 - Page 10
11. DEFERRED BUSINESS continued
ACTION TAKEN
Status Update from Legislative and Liti-
gation Committee regarding Casa Royale
Cardroom Operation.
City Attorney Skousen provided back-
ground information.
Rowles requested Legislative and Liti-
gation Committee develop all three
options and bring back to Council at
the meeting of April 19, 1995.
Vice-Mayor DeMond announced a recess
at 8:45 p.m. and reconvened the meeting
at 8:50 p.m.
12. NLqN BUSINESS
Vice-Mayor DeMond requested New Busi-
ness Items b. and c. be brought forward
on the agenda.
Ordinance adding Kern Canyon No. 1
Annexation to Ward 3, located south-
east of Kern Canyon Road and Freeway
178. (Ward 3)
Agreement with Mercy Charities Housing
California for land acquisition and
development assistance for the construc-
tion of 56 affordable housing units lo-
cated at Madison Street and Casa Loma
Drive.
Carson recognized Jim Burke to speak.
Mr. Burke introduced Sister Amy Bailey,
who spoke. Carson recognized Reverend
Kimbrel.
Motion by Carson to approve Agreement
with amendments, subject to City Attor-
ney finalizing the agreement:
1)
2)
Option to suspend or terminate agree-
if owner of property fails to annex;
The corporation shall accept refer-
rals from agencies; higher ups shall
not give preference or priorities to
individuals that are referred; and
FR
AGR 95-109
APPROVED
Bakersfield, California, April 5, 1995 - Page 11
12. NEWBUSINESS continued
ACTION TAKEN
C. 3)
Agreement shall be amended so that
in the event the corporation fails,
conveys, transfers title or refin-
ances, the City will receive its
appropriate share of its residual
receipts determinedby the City's
contribution as a percentage of the
value of the completed project.
Mercy Charities agreed to the amend-
ments.
ao
Exclusive Ice and Roller Hockey Lease
at the Bakersfield Convention Center.
Vice-Mayor DeMond announced this item
will be recognizing individuals to
speak in support of and in opposition
to staff recommendation.
AGR 95-110
The following individuals spoke in
support of staff recommendation:
Gene Tackett, citizen's Advisory
Board Chairperson; Lavonne C. Hall;
Richard T. Nelson; Adam Reed; Mike
Butters; John Olver; John Rosie;
Bruce Taylor; and John Gabriel.
The following individuals spoke in
opposition to staff recommendation
and provided written material:
Barry D. Sherer, Gordon A. Franklin,
Russell A. Franklin and Becky Miller.
Motion by Rowles to approve a Lease
with Sports R Us ~]corporated to oper-
ate a professional ice hockey team out
of the Bakersfield Convention Center.
APPROVED
Bakersfield, California, April 5, 1995 - Page 12
13. COUNCIL STATEMENTS
ACTION TAKEN
14. ADdOURNMENT
Motion by McDermott to adjourn at 9:55 p.m.
APPROVED
MAYO~R of the City of Bakersfield,
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
APR5.UIN
4/24/95 9:~lam