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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