HomeMy WebLinkAbout04/19/1995 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 19, 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
(seated at 5:20), Rowles, (seated
at 5:23), Chow, Salvaggio
None
PLANNING COMMISSION INTERVIEWS.
Applicants Manny P. Abawag, Joseph O. Clark,
David L. Crabtree, Michael G. Dhanens,
Wallace E. Freeman, Robert B. Ortiz, John F.
Stovall, Wade H. Tavorn and Jeffrey G. Tkac
participated in an question/answer discussion.
Motion by McDermott to accept all, including
late, applications this evening.
APPROVED
NS DEMOND
Motion by DeMond to recess to Closed Session
at 6:02 p.m.
APPROVED
CLOSED SESSION
Conference with Real Property Negotiator,
Don Anderson, pursuant to Government Code
Section 54956.8, concerning property located
on the north side of 14th Street between N
and O Streets behind the Convention Center,
1000 14th Street, APN 006-371-03 (Feed Bin)
regarding price and terms of payment.
INSTRUCTION
GIVEN TO
NEGOTIATOR
Motion by Rowles to adjourn Closed Session APPROVED
at 6:25 p.m.
Bakersfield, California, April 19, 1995 - Page 2
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by David Woodruff, Lay Leader, First Assembly of
God Church.
2. PLEDGE OF A~ ~ FGIANCE
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 Page 1.
PRESENTATIONS
High school students, representing
Teens of the City of Bakersfield and
Mayor's Youth Advisory Council,
announced May 13, 1995 to be the
Second Annual "Teens Against Graffiti
Day".
Mayor Price presented a proclamation to
Kristin Weber, representing AYSO Striker
Team, proclaiming July 9 - 23, 1995 as
"AYSO Striker's Week" in Bakersfield.
Mayor Price presented a proclamation to
Nancy Burciaga, representing the Fair
Housing Advisory Committee, proclaiming
April 1995 as "Fair Housing Month" in
Bakersfield.
McDermott announced the preparation of
the City's Centennial Celebration in
1998; and a luncheon for this occasion
on April 26, 1995.
PUBUC STATEMENTS
Teri Bjorn, Clifford & Brown, repre-
senting George Nickel Enterprises,
spoke requesting to reopen the public
hearing for CUP No. 5618, Mesa Marin.
Bakersfield, California, April 19, 1995 - Page 3
6o PUBUC STATEMENTS continued
ACTION TAKEN
bo
Randa West spoke regarding Mesa
Marin Raceway.
John Rathjen spoke in opposition
to changing the Bakersfield gambling
ordinance. (Item 12.c.)
(Public Statements continued on this Page)
12 . NEW BUSINESS
Motion by McDermott to add New Business Item
d. to the agenda that arose after the agenda
was posted and requires action this evening.
APPROVED
Transfer of up to $5,000 from Council
Contingency to the Community Services
Department Budget in the General Fund
for the purpose of assisting the Task
Force to analyze the Sam Lynn Baseball
Stadium site alternative.
6 ~
PUBUC STATEMENTS continued
do
Casey McBride, Buck Owens Productions,
introduced Art Caballero, Farmer's
Insurance and Dave Fowler, Mobile
Chemical, and spoke regarding Community
Clean Sweep.
(Public Statements continued on Page 15)
APPOINTMENTS
Three (3) appointments to the Planning
Commission due to the expiration of
terms of Robert B. Ortiz, Jr., Jim
Marino and Darren Powers (Alternate),
terms expired April 17, 1995.
First Ballot Votes ranked by preference
for the first Four-Year Position:
Ward 1 - Ortiz
Ward 2 - Ortiz, Tavorn, Crabtree
Ward 3 - Ortiz
Ward 4 - Ortiz, Stovall, Clark
Ward 5 - Tkac, Tavorn, Ortiz
Ward 6 - Ortiz, Tavorn, Dhanens
Ward 7 - Ortiz, Dhanens, Tavorn
Bakersfield, California, April 19, 1995 - Page 4
7. APPOINTMENTS continued
ACTION TAKEN
Assistant City Clerk McCarthy announced
the two individuals receiving the high-
est number of votes for the first Four-
Year Position, currently held by Robert
Ortiz, were Robert Ortiz and Wade Tavorn.
Second Ballot Votes for the first
Year Position:
Ward 1 - Ortiz
Ward 2 - Ortiz
Ward 3 - Ortiz
Ward 4 - Ortiz
Ward 5 - Tavorn
Ward 6 - Ortiz
Ward 7 - Ortiz
Four-
Assistant City Clerk McCarthy announced
the individual receiving the highest
number of votes for the first Four-
Year Position was Robert Ortiz.
Motion by DeMond to reappoint Robert
Ortiz, term to expire April 17, 1999.
APPROVED
First Ballot Votes ranked by preference
for the second Four-Year Position:
Ward 1 - Tavorn,
Ward 2 - Tavorn,
Ward 3 - Dhanens,
Ward 4 - Stovall,
Ward 5 - Stovall,
Ward 6 - Tavorn,
Ward 7 - Tavorn,
Dhanens
Crabtree, Freeman
Tavorn
Clark, Dhanens
Crabtree, Clark
Dhanens, Tkac
Dhanens, Crabtree
Assistant City Clerk McCarthy announced
the two individuals receiving the high-
est number of votes for the second Four-
Year Position, currently held by Jim
Marino, were Wade Tavorn and Michael
Dhanens.
Bakersfield, California, April 19, 1995 - Page 5
7. APPOINTMENTS continued
ACTION TAKEN
Second Ballot Votes
Four-Year Position:
Ward 1 - Tavorn
Ward 2 - Tavorn
Ward 3 - Tavorn
Ward 4 - Dhanens
Ward 5 - Dhanens
Ward 6 - Tavorn
Ward 7 - Tavorn
for the second
Assistant City Clerk McCarthy announced
the individual receiving the highest
number of votes for the second Four-
Year Position, currently held by Jim
Marino, was Wade Tavorn.
Motion by Carson to appoint Wade Tavorn,
term to expire April 17, 1999.
APPROVED
First Ballot Votes ranked by preference
for the Alternate Position:
Ward 1 - Dhanens
Ward 2 - Crabtree, Freeman
Ward 3 - Dhanens, Tkac, Stovall
Ward 4 - Stovall, Clark, Tkac
Ward 5 - Stovall, Tkac, Crabtree
Ward 6 - Dhanens, Clark, Stovall
Ward 7 - Dhanens, Crabtree, Clark
Assistant City Clerk McCarthy announced
the two individuals receiving the high-
est number of votes for the Alternate
Position, currently held by Darren
Powers, were Michael Dhanens and John
Stovall.
Second Ballot Votes
Position:
Ward 1 - Dhanens
Ward 2 - Stovall
Ward 3 - Dhanens
Ward 4 - Stovall
Ward 5 - Stovall
Ward 6 - Dhanens
Ward 7 - Dhanens
for the Alternate
Bakersfield,
California, April
19, 1995 - Page 6
7. APPOIN/M£NT$ continued
ACTION TAKEN
Assistant city Clerk McCarthy announced
the individual receiving the highest
number of votes for the Alternate
Position, currently held by, Darren
Powers, was Michael Dhanens.
Motion by DeMond to appoint Michael
Dhanens for Alternate Position, term
to expire April 17, 1996.
APPROVED
Two (2) appointments to the Central
District Development Agency due to
the expiration of terms of Victoria
Araujo and Phillip Gaskill, terms
expiring April 22, 1995.
Mayor Price announced the nomination
of Phillip Gaskill.
Motion by Salvaggio to reappoint
Phillip Gaskill, term expiring April
22, 1999.
APPROVED
Election of a Mayor Pro Tem in absence
of Mayor and Vice Mayor.
Motion by DeMond to appoint the immedi-
ate past acting Vice-Mayor and estab-
lish this as a permanent procedural
resolution.
APPROVED
CONSENTCALENDAR
Voucher Nos. 8381 to 8838 inclusive,
in the amount of $2,122,761.60.
Minutes of the Workshop, Closed Session
and Regular Meeting of April 5, 1995.
c. Dedication of Properties:
Quitclaim Deed to DeWalt Group,
Inc. for a portion of a water well
site located on the east side of
Main Plaza Drive, southerly of
Winlock Street. (Ward 4)
DEED 4172
Bakersfield, California, April 19, 1995 - Page 7
1t5
8. CONSENTCALENDAR continued
ACTION TAKEN
Co 2.
eo
Grant Deed from california Central
Trust Bank Corporation, TTEE FBO
Dennis DeWalt, 1050029305 for a
portion of a water well site
located on the east side of Main
Plaza Drive southerly of Winlock
Street. (Ward 4)
Existing Water Well Site Easement
from DeWalt Group, Inc., for
existing water well site facilities
located on the east side of Main
Plaza Drive, southerly of Winlock
Street. (Ward 4)
Resolution authorizing collection of
assessments for Assessment District No.
93-3 (Cal/Oak) by the Kern County Tax
Collector.
Resolution authorizing collection of
assessments for Assessment District No.
94-2 (Gosford/White) by the Kern County
Tax Collector.
Resolution to amend Resolution No. 28-95
ordering the vacation of the 33 foot wide
alley in Block 350 between 14th Street
and the A.T.& S.F. Railway from M Street
to N Street, as required by Resolution
of Intention No. 1134. (Ward 2)
Assessment District No. 94-1, Renfro/
Hughes (Wards 4 & 7):
Resolution approving amended
Boundary Map.
2 o
Amendment No. 1 to Agreement No.
94-111 with Wilson & Associates to
perform additional assessment
engineering services.
Assessment District No. 94-3, Silver
Creek/Brimhall North/Seven Oaks/South
Laurelglen (Ward 4):
Resolution accepting petition and
determining to undertake special
assessment proceedings.
DEED 4173
DEED 4174
RES 62-95
RES 63-95
RES 64-95
ROWLES
ANNOUNCED
ABSTENTION
FOR CONFLICT
RES 65-95
AGR 95-111
RES 66-95
Bakersfield, California, April 19, 1995 - Page 8
8. CONSENTCALENDAR continued
ACTION TAKEN
2o
Resolution approving form and sub-
stance of Acquisition and Disclo-
sure Agreement with Castle & Cooke
Homes, Inc., and authorizing changes
thereto and execution thereof.
Compensation Adjustments Due to Organi-
zational Changes:
Resolution amending Resolution No.
109-94 setting salaries and related
benefits for officers and employees
of the General Supervisory, Police
Supervisory and Management Units
for various positions in the Man-
agement Unit.
Tract Map and Improvement Agreements
with DeWalt Group, Inc. for Tract 5716,
Phase 1, located on the east side of
Main Plaza Drive at Winlock Street.
(Ward 4)
Independent Contractor's Agreement
with BSK & Associates for materials
testing services for various City
administered construction projects.
Consent to Common Use Agreement with
Pacific Gas and Electric for Tract 5678,
located at the northwest corner of White
Lane and Gosford Road. (Ward 4)
Agreement with the County of Kern for
rehabilitation of property (Elderlife
Adult Day Care Center) located at 1111
Columbus Avenue. (Ward 3)
Amendment No. 1 to Supplement Agreement
No. 78-152 with the State of California
Reclamation Board concerning floodway
designations. (Ward 2)
Amendment No. 1 to Agreement No. 94-137
with Judy K. Skousen, City Attorney,
regarding employment.
RES 67-95
AGR 95-112
RES 68-95
AGR 95-113
AGR 95-114
AGR 95-115
AGR 95-116
AGR 95-117
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 95-118
REMOVED FOR
SEPARATE
CONSIDERATION
p. Reject all bids for the construction of
Hose Tower Fire Station No. 2. (Ward 2)
Bakersfield, California,
April 19,
1995 - Page 9
8. CONSENTCALENDAR continued
ACTION TAKEN
Approval of application by Teen Chal-
lenge of Southern California, Inc. to
become a Qualified Community Service
Provider within the Incentive Area.
(Wards 1 & 2)
Motion by DeMond to adopt Items (a) through
(q) of the Consent Calendar, with the excep-
tion of Items m. and o.; and Rowles abstain-
ing on Item g. due to relatives owning prop-
erty in the area.
APPROVED
Agreement with the County of Kern for
rehabilitation of property (Elderlife
Adult Day Care Center) located at 1111
Columbus Avenue. (Ward 3)
Motion by Rowles to adopt Item m. of
the Consent Calendar.
AGR 95-119
APPROVED
Amendment No. 1 to Agreement No. 94-137
with Judy K. Skousen, City Attorney,
regarding employment.
Motion by Carson to adopt Item o. of
the Consent Calendar.
AGR 95-120
APPROVED
NS ROWLES
HEARINGS continued
Hearing as required to hear public test-
imony for Assessment District No. 94-1,
Renfro/Hughes. (Wards 4 & 7)
Correspondence has been received in
opposition from Bettie Foster, dated
March 4, 1995; Jerry & Phyllis Henry,
Henry, dated April 4, 1995; Elise A.
LaCivita, dated April 5, 1995; and
Jack & Steven Miller, dated April 4,
1995.
Mayor Price announced this is the first
of two hearings to be held on this issue,
with no action required tonight. A pro-
test hearing will be held May 17, 1995.
Rowles abstaining due to relatives own-
ing property in the area.
Hearing opened at 7:50 p.m.
Bakersfield, California, April 19, 1995 - Page 10
9. HEARINGS continued
ACTION TAKEN
Elise Lacivita spoke in opposition to
the assessment district.
A. D. Morales spoke in support of the
sewer but in opposition to fees.
Hearing closed at 7:56 p.m.
Salvaggio requested staff respond back
to Council on the public comments.
10.
REPORTS
city Manager's Oral Report No. 10-95
regarding Status On Refuse Automation
Conversion Plan.
Public Works Director Rojas and Solid
Waste Director Barnes provided an
update and slide presentation on the
refuse collection system.
Salvaggio urged staff to communicate
with private haulers and obtain their
input during this conversion process.
Mayor Price announced a recess at 8:35
p.m. and reconvened the meeting at 8:40
p.m.
11. DEFERRED BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map Nos. 123-17 and 123-18 by changing
the zoning of 70.99 acres, generally
located at the southwest corner of Old
River Road and the extension of Campus
Park Drive, from Agriculture to One
Family Dwelling on 60.18 acres and
Limited Multiple Family Dwelling on
10.81 acres. (ZC 5596) (Ward 4)
Ordinance amending Section 16.28.130 of
the Bakersfield Municipal Code authoriz-
ing Planning Director to approve street
names for tentative subdivisions.
Ordinance amending Chapter 15.80 of the
Bakersfield Municipal Code regarding
park land requirements.
ORD 3644
ORD 3645
ORD 3646
Bakersfield, California, April 19, 1995 - Page 11
11 o DEFERRED BUSINESS
ACTION TAKEN
Ordinance adding Kern Canyon No. 1
Annexation to Ward 3, located south-
east of Kern Canyon Road and Freeway
178. (Ward 3)
Resolution adopting fees and service
charges pursuant to the Revenue/Cost
Comparison System under Chapter 3.70
of the Bakersfield Municipal Code.
Motion by McDermott to adopt Items a.
through d. of Deferred Business.
ORD 3647
RES 69-95
APPROVED
fo
Request by Marion Collins, Mesa Marin
Raceway, for Conditional Use Permit No.
5618 which amends Conditional Use Per-
mit No. 5216 to increase seating, add
storage buildings, allow concerts and
permit automobile-related shows/auc-
tions/swap meets on property located
at 11000 Kern Canyon Road. (Ward 3)
Correspondence was received from James
L. Nickel, Bravo Management Company,
Inc., requesting noise level standards
not be increased and events not take
place past 10:00 p.m.
Community Development Director Hardisty
provided background information.
Motion by Smith to adopt Resolution
approving the request, with amendments
to Condition Nos.:
· 19 - to read "--before 7:00 a.m. nor
end after 11 p.m. Fridays and Satur-
days."
· 37 - to read "West - With the adja-
cent property owner's permission, at
the R-1 zone as it may change in the
future. If the neighboring property
owner does not grant access for pur-
poses of measurement then that mea-
surement point will remain at the
western property line."
RES 70-95
APPROVED
Bakersfield, California, April 19, 1995 - Page 12
9. HEARINGS continued
ACTION TAKEN
· 38 - to read "The Planning Director
shall coordinate with the applicant
an annual survey by a qualified noise
consultant or noise monitoring and
charting for one day's racing activi-
ties including pre-race activities,
racing and spectator on-site activi-
ties and one concert. This study may
be conducted where both a race and
concert are held on the same day.
The Planning Director and the appli-
cant shall agree on the chosen event
the noise consultant. The applicant
shall be responsible for all costs
associated with this study."; and
Refer this issue to Urban Development
Committee for review and further study
how the City may work with neighbors
in the area, and address their concerns,
to encompass a more compatible existence.
Smith referred to staff the issue of
deferring the Breckenridge drainage fees
until subdivisions take place; and bring
back to Council at the next meeting.
go
Bakersfield Senior Center Leases.
Motion by Carson to approve.
NAT
Amended motion by McDermott to include
funds City pays as rent be placed in an
escrow account for the senior housing
project.
FAILED
NS DEMOND
CARSON
CHOW
SALVAGGIO
Motion by Carson to approve extending
the lease for Parks storage until June
30, 1995.
APPROVED
NS ROWLES
Bakersfield, California, April 19, 1995 - Page 13
11o DEFERRED BUSINESS continued
ACTION TAKEN
Approval of Consolidated Plan and the
Annual Funding Plan for FY 1995-96 and
authorization to submit to the U.S.
Department of Housing and Urban Develop-
ment (HUD).
Rowles encouraged Budget & Finance
Committee to try to work toward a
10% administrative cost on all these
projects; next year lower the GNA and
put it out to the community.
Salvaggio requested Council receive
a new notice reflecting the changes.
Community Development Coordinator
Gonzales responded.
Motion by DeMond to approve and auth-
orize City Manager to execute all
necessary documents, subject to City
Attorney's review, and submit to HUD.
APPROVED
Status Update from Legislative and
Litigation committee regarding Casa
Royale Cardroom Operation.
Correspondence was received this even-
ing from Glenda M. Smith, Casa Royale
Cardroom, in opposition.
City Attorney Skousen provided back-
ground information.
Motion by Rowles to adopt Option #1
which makes no changes to the existing
City Ordinance and requires any annexed
cardrooms to comply with the City's
Ordinance.
NAT
Amended motion by Carson to adopt
Option #3 which amends the City
Ordinance to add a "Grandfather
Clause", allowing a set period for
annexed businesses to comply with
City Ordinances.
NAT
Bakersfield, California, April 19, 1995
Page 14
11. DEFERRED BUSINESS continued
ACTION TAKEN
Motion by Rowles to adopt Option #1
which makes no changes to the existing
City Ordinance and requires any annexed
cardrooms to comply with the City's
Ordinance.
APPROVED
NS CARSON
CHOW
12. NEW BUSINESS
so
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-35 by changing the zoning
of 7.57 acres, generally located on
the southeast corner of Stine Road and
Hosking Avenue, from One Family Dwell-
ing to one Family Dwelling-Church.
(ZC 5618) (Ward 6)
Development Services Director Hardisty
provided background information.
McDermott requested the document include
wording of "potential freeway alignment"
when this ordinance returns for adoption;
and the status update that was received
from staff be distributed to Planning
Commission.
FR
Resolution of Intention No. 1136 declar-
ing the city's intention to merge four
(4) Interim Maintenance Districts into
the existing Consolidated Maintenance
District; preliminarily adopting, con-
firming and approving Public Works
Director's Report for the Consolidated
Maintenance District and the 1995-96
Budget; setting time and place for
hearing protests on the merging of the
Interim Maintenance Districts and pro-
tests on the amount of assessments to
be levied throughout the Consolidated
Maintenance District (May 31, 1995 &
June 14, 1995).
Assistant City Manager Stinson provided
background information.
Motion by McDermott to adopt Resolution
of Intention.
FAILED
NS DEMOND
CARSON
CHOW
$ALVAGGIO
Bakersfield, California, April 19, 1995
Page 15
12. NEWBUSINESS continued
ACTION TAKEN
Mayor Price announced a recess at 10:15
p.m. and reconvened the meeting at 10:30
p.m.
Motion by McDermott to reconsider New
Business Item b.
APPROVED
Motion by McDermott to adopt Resolution
of Intention.
APPROVED
NS DEMOND
CARSON
SALVAGGIO
Discussion of enforcement of Penal Code
Section 313.1(c)(2) regarding display
or sale of harmful matter from vending
machines.
City Clerk's Office received 55 phone
calls from citizens in support of
removing the vending machines.
PUBUC STATEMENTS continued
The following individuals spoke in
support of enforcing removal of porno-
graphic material in vending machines:
Rosalyn E. Strode; Pastor Dave Cren-
shaw, Marge Walker; Pastor Billy J.
Rash, who distributed material; Connie
Wattenbarger; and Bill Newsom.
12. N~ BUSINESS continued
Motion by Salvaggio to direct the
Police Department to enforce Penal
Code Section 313.1(c)(2) and remove
the newsracks within the City of
Bakersfield.
NAT
Substitute motion by McDermott to file
an amicus brief with the court, direct
staff to look at every alternative to
get this off the street, send copy of
testimony we have received tonight to
the court, authorize staff to spend
the time necessary to assist in this
enforcement.
NAT
Bakersfield, California, April 19, 1995
Page 16
12. NEWBUSINESS continued
ACTION TAKEN
Carson requested an amendment to the
substitute motion to direct staff to
bring back an ordinance banning news-
paper racks holding pornographic
materials from being sold at particu-
lar locations.
Rowles suggested looking into all of
the alternative enforcement opportun-
ities, including encroachment permits
(Deja Vu issues, American Disabilities
Act issues, et al.)
Motion to vote on the substitute motion.
APPROVED
NS SALVAGGIO
Substitute motion by McDermott to file
an amicus brief with the court, direct
staff to look at every alternative to
get this off the street, send copy of
testimony we have received tonight to
the court, authorize staff to spend
the time necessary to assist in this
enforcement.
APPROVED
Transfer of up to $5,000 from Council
Contingency to the Community Services
Department Budget in the General Fund
for the purpose of assisting the Task
Force to analyze the Sam Lynn Baseball
Stadium site alternative.
Motion by McDermott to approve the
transfer of up to $5,000 for further
study, contingent upon Kern County
matching the funds.
APPROVED
NS CARSON
13 . COUNCIL STATEMENTS
Salvaggio referred to Planning Department
correspondence from James T. Rowland, dated
March 28, 1995, requesting property at the
corner of Panama Lane and Fortune Street
reflect C-1 zoning.
Bakersfield, California, April 19, 1995 - Page 17
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Salvaggio referred to Public Works Depart-
ment correspondence from Teri A. Bjorn,
Attorney with Clifford & Brown, representing
Albert & Patricia Pinheiro and Henry Pinheiro,
dated April 17, 1995, regarding payment of
taxes and assessment bond on property.
Salvaggio referred to Public Works and Urban
Development Committee correspondence from
James K. Delmarter, Rickett, Delmarter and
Deifel, dated April 3, 1995, regarding the
52 foot wide streets on Tentative Tract 5809
at South Union/Panama Lane.
Rowles referred to the Urban Development
Committee correspondence from Jack E. Tur-
man, Turman Construction Company, dated
March 10, 1995, regarding the prevailing
wage issue involving the City of Wasco.
14. ADJOURNMENT
Motion by McDermott to adjourn at 11:35 p.m.
APPROVED
MAY~R.'of th~ City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
APR19.MIN
5/ 4/95 2:15pm