HomeMy WebLinkAbout05/17/1995 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 17, 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 (seated at 5:20),
Smith, McDermott, Rowles, Chow,
Salvaggio (seated at 5:22)
None
CITY MANAGER BUDGET OVERVIEW.
City Manager Tandy presented the proposed
Fiscal Year 1995-96 Budget and distributed
the Proposed Budget Overview and an outline
of major budget issues.
DeMond requested the Construction Yard,
et al., be included in the canal and
storm drain fencing.
Salvaggio requested staff to consider
the restoration of additional Public
Works positions and additional Code
Enforcement Officers.
Motion by DeMond to recess to Closed
Session at 6:10 p.m.
CLOSED SESSION
Conference with Legal Counsel (Potential
Litigation) significant exposure to liti-
gation pursuant to Subdivision (b) of
Government Code Section 54956.9. Three
potential cases.
CITY ATTORNEY
AUTHORIZED ~
INITIATE CON-
DE~NATION P~
~'~m:~ll~G AT 1420
N ~' & 1000
14TH STREET.;
RFr~.Vv-ED UPD;~
ON PANAMA DRi%~
PROBLEM
Bakersfield, California, May 17, 1995 - Page 2
CLOSED SESSION continued
ACTION TAKEiN
Conference with Labor Negotiator pursuant
to Government Code Section 54957.6. City's
Negotiator: Mr. Bill Avery. Employee Organ-
ization: Police and Police Supervisory.
CONFERENCE
WITH CITY'S
NEGOTIATOR;
NEGOTIATOR
INSTRUCTED I~
FURTHER NEGO-
TIATE
Motion by DeMond to adjourn from Closed
Session at 6:56 p.m.
REGULAR MEETING -
7:00 P.M.
Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Mark Salvaggio.
PLEDGE OF AIi ~=GIANCE
ROLL CALL
Mayor Price, Councilmembers
DeMond, Carson, Smith, McDermott,
Rowles, Chow, Salvaggio
None
Present:
Absent:
ACTION TAKEN
4 o
CLOSED SESSION ACTION
Mayor Price announced Closed Session
action as reflected on Page 1 & 2.
PRESENTATIONS
Mayor Price presented a proclamation
to Raul Rojas proclaiming May 21 - 27,
1995 as National Public Works Week".
Mayor Price presented a proclamation
to Terry McClanahan proclaiming May
21, 1995 as "Sights and Sounds Multi-
cultural Arts Festival Day".
Council was presented with t-shirts
and invitations to the reception
scheduled for Noon at the Fox Theatre.
Bakersfield, California, May 17, 1995 - Page 3
6. PUBUC STATEMENTS
ACTION TAKEN
Mary Lou Cotton, Water Conservation
Educator, Kern County Water Agency,
spoke regarding "Fun Run/Walk for
Water" to be held Saturday, May 20,
1995, 9:00 - Noon, at the Beach Park
Bike Path.
Parks Supervisor Doyle was presented
with a Certificate of Excellence from
the Kern County Water Agency.
Sunny Scofield, Vice President, Center
for Living and Learning for Older Adult
Research and Well-Being at CSUB, invit-
ed Council to attend an event taking
place Saturday, May 20, 1995 with Dr.
Benson, Speaker, from 1 - 3 p.m. at
CSUB.
Shirlyn Davenport, Chairperson, Historic
Preservation Commission, spoke regarding
the HPC Annual Report.
Glenda Anson, President, Bakersfield
Association of Realtors, read a letter
from the BAR regarding special assess-
ment district full disclosure ordinance.
Salvaggio referred to the Budget and
Finance Committee correspondence
received from both the Bakersfield
Association of Realtors and the
Building Industry Association of
Kern County.
Joseph Chiapuzzi, Casa Royale Motor
Inn, spoke regarding annexation and
harassment by Fire and Building De-
partments.
Mayor Price referred Mr. Chiapuzzi's
issues to City Manager Tandy.
(Public Statements continued on Page 14)
7. APPOINTMENTS
Bakersfield, California, May 17, 1995 - Page 4
8. CONSENT CALENDAR
ACTION TAKEN
Voucher Nos. 9392 to 9649 inclusive,
in the amount of $777,867.35 and Self
Insurance Voucher Nos. 2382 to 2556
inclusive, in the amount of $96,738.55.
Minutes of the Workshop, Closed Session
and Regular Meeting of May 3, 1995.
Easement to Pacific Gas & Electric
Company to provide for relocation of
a gas main on City property at 1601
Truxtun Avenue. (Ward 2)
Resolution of Intention No. 1127 declar-
ing the City's intention to establish
Maintenance District No. 1-10 (Interim),
Renfro/Texas Rose, preliminarily adopt-
ing, confirming and approving Public
Works Director's Report. (Ward 4)
Resolution ordering preparation of
amended assessment to segregate and
apportion unpaid installments of exist-
ing assessment and setting time and
place of hearing for June 14, 1995;
City of Bakersfield Assessment District
No. 91-1, Hosking Trunk Sewer, Assess-
ment Amendment No. 7. (Wards 6 & 7)
Resolution ordering preparation of
amended assessments to segregate and
apportion unpaid installments of exist-
ing assessments pursuant to division of
land and bond and setting time and place
of hearing for June 14, 1995; Assess-
ment District No. 93-2; Assessment and
Diagram Amendment Nos. 7, 8 and 9;
Existing Assessment Nos. 3, 4 and 451;
New Assessment Nos. 451 through 553,
inclusive. (Stine/Harris) (Ward 6)
Sales/Use Tax and Property Tax Audits:
Resolution authorizing access to
sales and use tax records pursuant
to Revenue and Taxation Code Sec-
tion 7056.
Agreement with Hinderliter,
DeLlamas and Associates (HdL) for
sales tax audit and information
services.
DEED 4197
RES 76-95
ROWLES
ANNOUNCED
ABSTENTION
FOR CONFLICT
RES 77-95
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield,
California, May 17, 1995
Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
go 3.
Agreement with HdL, Coren & Cone
for property tax audit and inform-
ation services.
Consent to Common Use Agreement with
Pacific Gas and Electric for Tract 5716,
Phase 1, located east of Main Plaza
Drive at Winlock Street. (Ward 4)
Final Tract Maps and Improvement Agree-
ments:
Castle & Cooke Homes, Inc. for
Tract 5544, Phase C, located south
of Brimhall Road and west of Verdugo
Lane. (Ward 4)
Kyle Carter Homes, Inc. for Tract
5688, Phase H, located north of
Harris Road, approximately 1300
feet west of Stine Road. (Ward 6)
Castle & Cooke Homes, Inc. for
Tract 5464, located at the south-
east corner of Ming Avenue and
Haggin Oaks Boulevard. (Ward 4)
Agreements with State of California
Department of Transportation, Program
Supplement Nos. 089 and 090 for traffic
signal interconnect on Stockdale High-
way from Montclair Street to So. Real
Road; and Ming Avenue from Gosford Road
to New Stine Road. (Ward 4, 5 & 6)
Resolution determining that design and
installation of a Landfill Gas Manage-
ment System at the Bakersfield Landfill
cannot be reasonably obtained through
usual bidding procedures and authorizing
the Finance Director to dispense with
bidding, not to exceed $212,179; and
appropriation of funds.
Agreement with Kleinfelder Company
to design and install a Landfill
Gas Management System at the
Bakersfield Landfill.
Appropriate $212,179 from the
Refuse Fund to the Public Works
Capital Improvement Budget within
the Refuse Fund.
AGR 95-128
AGR 95-129
AGR 95-130
AGR 95-131
AGR 95-132
AGR 95-133
RES 78-95
AGR 95-134
Bakersfield, California, May 17, 1995
- Page 6
8. CONSENT CALENDAR continued
ACTION TAKEiN
Agreement with Brown Armstrong Randall
& Reyes Accountancy Corporation for a
full scope annual audit for Fiscal Year
1995-96.
Accept bid to award Contract to McKee
Electric Company ($96,625) for traffic
signal installation on Stockdale High-
way at Jenkins Road. (Ward 4)
Accept bid to award Annual Contract to
Kern Turf Supply, Inc. ($54,106.61) for
PVC pipe and sprinklers for Parks Divi-
sion.
Oo
Accept bids to award Annual Contracts
to Kent Meters, Inc. ($55,589.82; 6
items); Badger Meter, Inc. ($38,027.74;
4 items) and Mueller Co. ($12,518.03;
2 items) for water meters totaling
$106,135.59.
Accept low bid from Consolidated Elec-
trical Distributors ($24,951.71) for
sports lighting equipment for Beach
Park Rugby/Soccer Field.
Reject bid from L.N. Curtis & Sons
for equipment for two fire pumpers.
Historic Preservation Commission 1994
Annual Report.
Authorization to publish Notice of
Proposed Use of Funds for Amendment No.
2 to FY 1994/95 ($110,000); Amendment No.
4 to FY 1993/94 ($119,734); and Amend-
ment No. 5 to FY 1992/93 ($23,111) to
Community Development Block Grant (CDBG)
Applications totaling $252,845.
Motion by DeMond to adopt Items (a) through
(s) of the Consent Calendar, with the excep-
tion of Item g. and s.; Rowles abstaining
on Item f. due to a previous business
relationship.
AGR 95-135
CON 95-136
CON 95-137
CON 95-138
CON 95-139
CON 95-140
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Bakersfield, California,
May 17, 1995
- Page 7
8. CONSEN/CALENDAR continued
ACTION TAKEN
Sales/Use Tax and Property Tax Audits:
Resolution authorizing access to
sales and use tax records pursuant
to Revenue and Taxation Code Sec-
tion 7056.
Agreement with Hinderliter,
DeLlamas and Associates (HdL) for
sales tax audit and information
services.
3 o
Agreement with HdL, Coren & Cone
for property tax audit and inform-
ation services.
McDermott corrected staff comments; an
audit was performed in 1988.
Motion by McDermott to adopt Item g.
of the Consent Calendar.
RES 79-95
AGR 95-141
AGR 95-142
APPROVED
Authorization to publish Notice of
Proposed Use of Funds for Amendment No.
2 to FY 1994/95 ($110,000); Amendment No.
4 to FY 1993/94 ($119,734); and Amend-
ment No. 5 to FY 1992/93 ($23,111) to
Community Development Block Grant (CDBG)
Applications totaling $252,845.
DeMond clarified her vote will reflect
approval of the Notice only, not the
expenditure of funds.
Salvaggio requested a memo from staff
delineating the "scandal" at the Bakers-
field Senior Center.
Motion by McDermott to approve the
authorization to publish with the dele-
tion of the $20,000 of operating expen-
ses for the Bakersfield Senior Center.
APPROVED
NS DEMOND
CARSON
SALVAGGIO
Motion by Rowles to move Item 10.b. APPROVED
forward on the Agenda.
Bakersfield, California, May 17, 1995 - Page 8
10. REPORTS
ACTION TAKEiN
Community Services committee Report No.
3-95 regarding Cancer Survivors' Plaza
at Beach Park.
Motion by Rowles to allow Scott Garri-
son, Leadership Bakersfield, to speak.
Mr. Garrison updated Council on the
project and introduced team members.
APPROVED
Motion by Carson to accept Report and
implement recommendations.
APPROVED
(Reports continued on Page 15)
HEARINGS
Continued hearing of appeal by Martin-
Mcintosh on behalf of Kern College Land
Company of Planning Commission decision
denying Zone Change No. 5622:
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zon-
ing Map No. 123-18 by changing the
zoning of 18.57 acres generally
located south of White Lane, west
of Saddle Drive and east of Moun-
tain Vista Drive from Agriculture
to Limited Multiple Family Dwelling.
(Ward 4)
Correspondence was received in
opposition from Ken & Julie Camell,
dated April 27, 1995; Jean & Ernie
Chambers, dated April 30, 1995; and
Kathleen Loomis-Tubbesing, dated May
4, 1995.
A map, comparing densities and lot
sizes of tracts surrounding the sub-
ject property, was received from The
Citizens for Intelligent Development.
Hearing opened at 7:50 p.m.
Development Services Director Hardisty
provided background information.
Bakersfield, California,
May 17, 1995
- Page 9
9. H~_AR~NG$ continued
ACTION TAKEN
The following individuals spoke in
opposition to staff recommendation:
Jerry Marquez; Robert Vincent; Cindy
Scully and Russ Patrone.
The following individuals spoke in
support of staff recommendation:
Roger Mcintosh, Martin-Mcintosh
Engineering; Dick Barnett, Kern
College Land Company; and Conni
Brunni.
Jerry Marquez spoke in rebuttal
(opposition).
Roger Mcintosh, Martin-Mcintosh
Engineering spoke in rebuttal
(support).
Hearing closed at 8:20 p.m.
Motion by McDermott to amend the Ordin-
ance to reflect R-1 zoning rather than
R-2, subject to Conditions of Approval,
and bring back for first reading on
June 14, 1995.
APPROVED
NS SMITH
ROWLES
CHOW
Mayor Price announced a recess at
8:45 p.m. and reconvened the meeting
at 8:50 p.m.
Protest hearing as required by Resolu-
tion No. 53-95 on proposed Assessment
District 94-1, Renfro/Hughes (Wards 4
& 7):
Resolution approving Final
Engineer's Report, levying assess-
ments, ordering improvements and
authorizing and directing related
actions.
Correspondence was received in support
from Refugio & Josefina Arriaga, dated
April 22, 1995 and Carlos & Yolanda
Franco, dated May 5, 1995; and in
opposition from Mary Alice Madrigal,
dated April 17, 1995, Stan Newman,
dated May 5, 1995 and R. Randall Rich-
ardson, Accountant, Inc., dated May
10, 1995.
RES 80-95
Bakersfield, California, May 17, 1995
Page 10
9. HISARINGS continued
ACTION TAKEiN
bo
Correspondence with attached petition
has been received in support of the
Sanitary Sewer System from 36 Hughes
area residents, dated April 20, 1995.
Rowles abstaining due to family member
owning property in the area.
Hearing opened at 8:55 p.m.
No one spoke at hearing.
Hearing closed at 8:56 p.m.
Motion by Salvaggio to adopt Resolution.
APPROVED
AB SMITH
ABS ROWLES
General Plan Amendment 1-95, Segment I,
Zone Change No. 5612 (Ward 4):
DeWalt Corporation, representing
DeWalt Group Inc. requests to
amend the Metropolitan Bakersfield
2010 General Plan Land Use Element
from General Commercial to High
Medium Density Residential on 9.6
acres, located at the northwest
corner of Jewetta Avenue and Hage-
man Road.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zon-
ing Map No. 101-13 by changing the
zoning from Neighborhood Commercial
to Limited Multiple Family Dwelling
on 7.88 acres, located at the north-
west corner of Jewetta Avenue and
Hageman Road.
Correspondence was received from Dennis
W. DeWalt, President, DeWalt Corporation,
dated May 16, 1995, requesting approval
of their request for the zone change.
Hearing opened at 9:05 p.m.
RES 81-95
FR
Bakersfield, California,
May 17,
1995 - Page 11
9. H~ARINGS continued
ACTION TAKEN
The following individuals spoke in
opposition to staff recommendation:
Gwenetta Hogg, Northwest Committee
of Concerned Residents and submitted
a petition; Tyson Davis; Manuel Macias
and Richard Ferris.
The following individuals spoke in
support of staff recommendation:
Dennis DeWalt, DeWalt Corporation;
Andrew Fuller, Fuller Apartment Homes,
and submitted brochures; and Steve De-
Branch, DeWalt Corporation.
The following individuals spoke
rebuttal (opposition):
Tyson Davis and Gwenetta Hogg.
The following individuals spoke in
rebuttal (support):
Steve DeBranch, DeWalt Corporation;
and Andrew Fuller, Fuller Apartment
Homes.
Hearing closed at 9:35 p.m.
Motion by McDermott to adopt Resolu-
tion with amendments:
· Condition No. 5 to read "The coven-
ant will be recorded prior to the
adoption of the Ordinance";
· Addition of a Condition to read
"The applicant to pay the City of
Bakersfield Park Development Fees to
the North Bakersfield Parks and Recrea-
tion District prior to the issuance of
any building permit on the property
site. Proof of such payment must be
submitted by the developer to the City
of Bakersfield Building Inspection
Department and is to be for the incre-
mental units."
· Addition of a Condition to read
"Traffic to and from the apartment
development shall not pass through the
area to be developed as Single Family
(access onto Jewetta and Hageman only)."
APPROVED
NS CHOW
Bakersfield, California, May 17, 1995 - Page 12
9. HEARINGS continued
ACTION TAKEiN
General Plan Amendment 1-95, Segment IV,
(Kern County):
city of Bakersfield requests to
amend the Metropolitan Bakersfield
Land Use and Circulation Elements
in several locations to formally
acknowledge Kern County Board of
Supervisors' approved amendments
on twenty specific sites as shown
on Exhibit "A", from September
1991 to January 1995.
Hearing opened at 9:50 p.m.
No one spoke at hearing.
Hearing closed 9:50 p.m.
Development Services Director Hardisty
provided background information.
Motion by McDermott to adopt Resolution.
RES 82-95
APPROVED
General Plan Amendment 1-95, Segment V
(Ward 3):
City of Bakersfield requests to
amend the Metropolitan Bakersfield
2010 General Plan Circulation Ele-
ment, adopting a specific plan
line for a portion of State Route
178, located in northeast Bakers-
field beginning at the existing
State Route 178, approximately
3,000 feet west of the Kern Can-
yon/State Route 178 interchange
and continuing northeasterly a
distance of approximately five
miles to the City boundary.
Hearing opened 9:51 p.m.
No one spoke at hearing.
Hearing closed 9:51 p.m.
Development Services Director Hardisty
provided background information.
RES 83-95
Motion by Smith to adopt Resolution. APPROVED
Bakersfield, California, May 17, 1995 - Page 13
9. HEARINGS continued
ACTION TAKEN
fo
General Plan Amendment 1-95, Segment VI
(Ward 4):
city of Bakersfield requests to
amend the Metropolitan Bakersfield
2010 General Plan Circulation Ele-
ment, adopting a specific plan
line for that portion of Coffee
Road generally located between
Rosedale Highway and Brimhall Road.
Hearing opened at 9:55 p.m.
No one spoke at hearing.
Hearing closed at 9:55 p.m.
Motion by McDermott to adopt Resolution.
RES 84-95
APPROVED
General Plan Amendment 1-95, Segment
VII, Zone Change No. 5627 (Ward 7):
Rickerr, Delmarter and Deifel,
representing Doug Wattenbarger,
requests to amend the Metropolitan
Bakersfield 2010 General Plan Land
Use Element from General Commercial
and Low Density Residential to Low
Medium Density Residential on 35.55
acres, located along the southwest
corner of South Union Avenue and
Panama Lane.
2 o
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zon-
ing Map No. 124-30 by changing the
zoning from Regional Commercial to
One Family Dwelling on 6.80 acres,
located along the southwest corner
of South Union Avenue and Panama
Lane.
Hearing opened at 10:00 p.m.
No one spoke at hearing.
Hearing closed at 10:00 p.m.
Development Services Director Hardisty
provided background information.
RES 85-95
FR
Bakersfield, California, May 17, 1995 - Page 14
9. HF-ARINGS continued
ACTION TAKEN
Motion by Salvaggio to adopt Resolution
and give First Reading to Ordinance.
APPROVED
h. General Plan Amendment 4-94, Segment
VIII (Ward 3):
City of Bakersfield requests to
amend the Metropolitan Bakersfield
2010 General Plan Circulation Ele-
ment, adopting specific plan lines
for Morning Drive, Paladino Drive
and an "unnamed" collector.
Correspondence was received in opposi-
tion from Jack W. Nichols, Vice-Presi-
dent, State Petroleum Properties Co.,
dated May 8, 1995.
Development Services Director Hardisty
provided brief background information.
Hearing opened at 10:04 p.m.
No one spoke at hearing.
Hearing closed at 10:05 p.m.
Smith requested the correspondence
from State Petroleum Properties Co.
be included with this item to the
next General Plan Cycle.
Motion by Smith to continue this
matter to the next General Plan Cycle.
APPROVED
10. REPORTS continued
ao
city Manager's Report No. 11-95 regard-
ing Status of Sexual Assault Response
Team Programs.
(Reports continued on Page 15)
Bakersfield,
California,
May 17,
1995 - Page 15
6. PUBUC STATEMENTS continued
ACTION TAKEN
go
Debra Johnston, Coordinator, Bakersfield
Memorial Hospital S.A.R.T. spoke and
outlined suggestions for minor clari-
fications to the criteria items in the
Report, to read (in quotes):
1. "Sexual Assault Nurse Examiners are
used at the hospital for all sex-
ual assault examinations." S.A.N.E.s
have formal training specific to
sexual assault examinations; physi-
cians do not.
3. "There is a half-hour to forty-five
minute response time for the S.A.N.E.
nurse to respond to the hospital."
5. "To implement the California Medical
protocol for examination of sexual
assault and child sexual abuse vic-
tims developed by the Office of
Criminal Justice Planning for the
examination and treatment of sexual
assault victims pursuant to Penal
Code Section 13823.11."
6. "Utilize a camera/colposcope for all
sexual assault examinations."
7. "Schedule follow-up examinations
with the victim."
8. "Any fee charged must include the
S.A.N.E. nurse's time and prepara-
tion; and for providing expert
witness testimony in court."
Conni Brunni spoke regarding the
S.A.R.T. program at Memorial Hospital.
10.
REPORTS continued
a. Chief Brummer provided background
information.
Motion by Salvaggio to approve staff
recommendation to, after one year,
evaluate the programs, S.A.R.T. at
Bakersfield Memorial Hospital and
S.A.N.E. at Kern Medical Center, to
ensure agreed services are provided.
NAT
Amended motion by Rowles request Kern
Medical Center agree. in writing, to
the outlined requirements to provide
the same level of service as Bakers-
field Memorial Hospital.
NAT
Bakersfield, California, May 17, 1995 - Page 16
10. REPORTS continued
ACTION TAKEN
Motion by Rowles to recognize Conni
Brunni to speak.
APPROVED
Motion by Salvaggio to approve staff
recommendation to, after one year,
evaluate the programs, S.A.R.T. at
Bakersfield Memorial Hospital and
S.A.N.E. at Kern Medical Center, to
ensure agreed services are provided;
to amend the list of criteria as
stated by Debra Johnston; and request
Kern Medical Center agree, in writing,
to the outlined requirements to pro-
vide the same level of service as
Bakersfield Memorial Hospital.
APPROVED
ABMCDERMOTT
11. DEFERRED BUSINESS
12. NEW BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-19 by changing the zoning
of 7.2 acres generally located west of
Calloway Drive between Rosedale Highway
and Meacham Road from Estate to Regional
Commercial. (ZC 5604) (Ward 4)
Amendment to Section 16.32.060, Sub-
sections D. and E., of the Bakersfield
Municipal Code to allow deferral of
Planned Drainage Area and Planned Sewer
Area Fees until a later development or
further subdivision.
Motion by DeMond to direct City Attor-
ney to draft an amendment to Section
16.32.060 of the Bakersfield Municipal
Code that would allow the Planning
Commission to defer Planned Drainage
Area Fees under certain circumstances.
FR
APPROVED
AB MCDERMOTT
Bakersfield, California, May 17,
1995 - Page 17
13. COUNCIL STATEMENTS
ACTION TAKEN
Smith requested a copy of the Tree Plan
for Downtown Bakersfield and status report
from staff.
APPROVED
14.
ADJOURNMENT
Motion by Salvaggio to adjourn at 10:37 p.m.
APPROVED
AB MCDERMOTT
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
MAY17. MIN
6/12/95 10: 18am