Loading...
HomeMy WebLinkAbout09/07/1994 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 7, 1994 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKE~{ Present: Absent: Mayor Price (seated at 5:24), Councilmembers McDermott, Edwards (seated at 5:31), DeMond, Smith (seated at 5:48), Brunni (seated at 6:30), Rowles, Salvaggio (seated at 5:22) None OLD TOWN KERN RAILROAD ARTSFEST. Economic Development Principal Planner Lyman introduced Development Associates Barnes and Devereaux who provided a report and overhead presentation on the activities being planned for the Baker Street Festival and what has taken place to revitalize the area. Erin Lunn, President, Association of Old Town Kern, spoke of the accomplishments and future goals for the Association; and thanked staff and Councilmember DeMond for their support. REPORT OF JR. HIGH STUDENT DELEGATION ON WAKAYAMA, JAPAN. Vice-Mayor McDermott asked for a moment of silence for the late Charles Krebbs, parti- cipant in the Sister City delegation. Mayor Price introduced Cathy Crisco, Chair- person, Sister City Corporation, who spoke and introduced the participating students Amanda Byrd, Rex Finney and Julie Barrios who spoke on their experiences. Bakersfield, California, September 7, 1994 - Page 2 WORKSHOP continued ACTION TAKEN 4 o POLICE ATHLETIC LEAGUE PROGRAM (P.A.L.). Police Chief Brummer provided an update and slide presentation on the Police Activities League. Officer Yaley spoke on the Boxing Program for youth. Motion by McDermott to recess to Closed Session at 6:13 p.m. APPROVED AB BRUNNI CLOSED SESSION Conference with Real Property Negotiator, Don Anderson, pursuant to Government Code Section 54956.8 regarding price and terms of payment for Bike Path property located east of Manor Street on the south side of the Carrier Canal. Conference with Legal Counsel pursuant to Government Code Section 54956.9 regarding potential litigation (2). Motion by McDermott to adjourn from Closed Session at 7:15 p.m. UPDATED ON ON PROPERTY NEGOTIATIONS UPDATE GIVEN APPROVED REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield The meeting was called to order at 7:15 p.m. by Mayor Price. INVOCATION by Rick Roper, Pt~DGE OF A' ' FGIANCE ROLL CALL Present: Absent: Director, First Assembly of God Church Mayor Price, Councilmembers McDermott, Edwards, DeMond Smith, Brunni, Rowles, Salvaggio None ACTION TAKEN Motion by McDermott to add New Business Item g. that arose after the Agenda was posted, requires action tonight and to bring forward on the agenda to be heard at this time. APPROVED Bakersfield, California, September 7, 1994 - Page 3 12. NEW BUSINESS ACTION TAKEN Resolution supporting the Minor League Baseball Franchise in Bakersfield. McDermott provided background informa- tion and urged Council to support the Resolution. Motion by McDermott to adopt Resolution and transfer of $20,000 from Council Contingency to Community Services Department Budget in the General Fund for the purpose of assisting in keeping the Minor League Baseball Franchise in Bakersfield. (New Business continued on Page 14) RES 144-94 APPROVED NS EDWARDS ABS DEMOND CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on Page 1. PRESENTATIONS Mayor Price presented retirement plaques and gift certificates to Fire Captain Richard W. Watkins for 27.5 years of service to the City of Bakers- field; and to Fire Engineer Wendall J. Gustin for 23 years of service to the City of Bakersfield. PUBUC STATEMENTS so Elden Young spoke regarding the freeway alignment connecting State Route 58 to the proposed Kern River Alignment and provided written material. (Item 8.n) bo Don Miller, Regional Representative, Aircraft Owner & Pilots Association, spoke in opposition to Deferred Busi- ness Item 11. g. regarding the pro- posed zone change. Dennis E. Hummel, construction consult- ant, spoke regarding his proposal for the Northeast Trunk Sewer project. (Item 8.n.) Bakersfield, California, September 7, 1994 - Page 4 6. PUBUC STATEMEN/S continued ACTION TAKEN The following individuals spoke regarding the proposed Kern River Freeway option (Westpark), Item 8.j.: Leon Heberlson, Frank Carini, Uyless Shaffer, Burton Ellison and Ken Try- ggestad. Motion by Rowles to move Consent Cal- endar Item j. forward on the agenda. APPROVED CONSENTCALENDAR Draft letter to CalTrans & Resolution opposing the southern (Westpark) free- way alignment connecting State Route 58 to the proposed Kern River Freeway Alignment. Brunni requested City Manager Tandy ask Mr. McCuen and CalTrans, what we, as a Council, as a community and as taxpayers, need to do to get legisla- tion changed so that the human factor and human rights take precedence over rats, foxes and lizards. RES 145-94 Brunni also requested staff to remind CalTrans, referring to Item 8.g. (National Highway System) of the re- alignment of 178 joining with 99 on the east side of Alternate B, which joins at Truxtun Avenue and Oak St. Motion by Rowles to adopt Item j. of the Consent Calendar. APPROVED (Consent Calendar continued on Page 5) Mayor announced a recess at 7:24 p.m. and reconvened the meeting at 7:30 p.m. Bakersfield, California, September 7, 1994 - Paqe 5 7. APPOINTMENTS ACTION TAKEIX Confirm seven (7) appointments made by the Kern County Board of Supervisors to the Fair Housing Advisory Committee, due to the expiration of terms of Nancy Burciaga, Beverly Tomlin (Alternate), Marlene Flippen, John Spaulding (Alter- nate), Tom Akers, Warren Nettleton (Alternate), Eddie Carter, Herman Web- ster, Sr. (Alternate), Barbara Don Carlos, Jeffrey K. Williams (Alternate), Raymond Solis, Juan Rivera (Alternate), Barbara Norcross and John Willingham (Alternate). Motion by Edwards to confirm appoint- ments of Members: Jonathan Webster; John McGuffey; Ira Sullivan; Juan Rivera; Nancy Trudeau Burciaga; Barbara Don Carlos; Carol Hatcher; and Alternates: Herman E. Webster; Bill Denney; John Willingham; Hortencia Solis; Kathryn McMillian; and Jeff Williams, terms to expire June 30, 1996. APPROVED CONSENTCALENDAR continued Voucher Nos. 11903 to 11986 inclusive, in the amount of $102,716.73; Voucher Nos. 675 to 1118 inclusive, in the amount of $2,114,373.15; Self Insurance Voucher Nos. 3003 to 3004 inclusive, in the amount of $877.91; and Self Insurance Voucher Nos. 41 to 224 inclusive, in the amount of $182,804.44. Minutes of the Workshop and Regular Meeting of August 24, 1994. Declare real property comprising one full City block (1.4 acres) bounded by M Street on the west, 21st Street on the south, N Street on the east and 22nd Street on the north, as surplus and authorize the Finance Director to negotiate its sale. (Ward 2) Bakersfield, California, September 7, 1994 - Page 6 8. CONSENTCALENDAR continued ACTION TAKEN Notices of Completion and acceptance of work: Tract 5762, Phase A, with RM Development Corporation for improvements at the southwest corner of Wible and Berkshire Roads, completed August 26, 1994. Contract No. 94-89 with Griffith Company for construction of storm drain on Akers Road between Thoreson Avenue and Wilson Road, completed August 19, 1994. Plans and Specifications for Fire Station No. 2 structural rehabilitation. (Ward 2) Improvements to Assessment District No. 93-2, Stine/Harris. (Ward 6): Resolution authorizing entry into an Acquisition Agreement with Stine Road Developers. Acquisition Agreement with Stine Road Developers. Resolution in support of the National Highway Designation Act of 1994. Resolution of Intention No. 1124 to order the vacation of the 33-foot wide alley in Block 385 located between R and S Streets, north of California Avenue and setting hearing for Septem- ber 28, 1994. (Ward 2) Resolution providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 381, LAFCO Proceed- ing No. 1173, Kern Canyon No. 1 Annexa- tion. (Ward 3) Tract Maps and Improvement Agreements with RM Development Corporation for Tract No. 5762, Unit A, located at the southwest corner of Berkshire and Wible Roads. (Ward 6) REMOVED FOR SEPARATE CONSIDERATION' REMOVED FOR SEPARATE CONSIDERATION' RES 146-94 AGR 94-182 AGR 94-183 AGR 94-184 Bakersfield, California, September 7, 1994 - Page 7 8. CONSENTCALENDAR continued ACTION TAKEN Tract Map No. 5646, Phase 1, with W.D.J. Corporation, south of Highway 178, east of Fairfax Road. (Ward 3) Consultant's Agreement with Renfro & Associates, Inc., for design of addi- tion to Bakersfield Police Station, 1601 Truxtun Avenue. (Ward 1) Consultant's Agreement with Porter- Robertson Engineering for the construc- tion phase of the Northeast Bakersfield Trunk Sewer, Assessment District No. 93-1. (Ward 3) Consultant's Agreement with J.E. Grind- staff, Jr. for construction engineering for the construction phase of the North- east Bakersfield Trunk Sewer, Assessment District No. 93-1. (Ward 3) Accept quote to award Annual Contract to Chicago Title Company ($20,750) for title services and reports for Building and Economic/Community Development Departments. Memorandum of Understanding with County of Kern outlining cooperative activities for the Fair Housing Programs and revised Fair Housing Advisory Committee Bylaws. rt Appropriation of $2,438 from County of Kern to Community Development Operating Budget/CDBG fund for acquisition of computer equipment for the City Fair Housing Program. Motion by McDermott to adopt Items (a) through (r) of the Consent Calendar with the exception of Items f., g.j. (which was brought forward on the agenda), n. and o. AGR 94-185 REMOVED FOR SEPARATE CONSIDERATIO~ REMOVED FOR SEPARATE CONSIDERATION CON 94-186 AGR 94-187 APPROVED Bakersfield, California, September 7, 1994 - Page 8 8. CONSENTCALENDAR continued ACTION TAKEN Improvements to Assessment District No. 93-2, Stine/Harris. (Ward 6): Resolution authorizing entry into an Acquisition Agreement with Stine Road Developers. Acquisition Agreement with Stine Road Developers. Rowles absent due to a previous business relationship. Motion by McDermott to adopt Item f. of the Consent Calendar. RES 147-94 AGR 94-188 APPROVED ABS ROWLES Resolution in support of the National Highway Designation Act of 1994. Motion by Brunni to adopt Item g. of the Consent Calendar with a copy of the Resolution to be sent to Mary Frederick of CalTrans. RES 148-94 APPROVED Consultant's Agreement with Porter- Robertson Engineering for the construc- tion phase of the Northeast Bakersfield Trunk Sewer, Assessment District No. 93-1. (Ward 3) Consultant's Agreement with J.E. Grind- staff, Jr. for construction engineering for the construction phase of the North- east Bakersfield Trunk Sewer, Assessment District No. 93-1. (Ward 3) Smith absent for Items n. and o. due to a conflict of interest. AGR 94-189 AGR 94-190 Motion by Brunni to adopt Items n. and APPROVED o. of the Consent Calendar. ABS SMITH Bakersfield, California, September 7, 1994 - Page 9 9. HEARINGS ACTION TAKEN Riverlakes Ranch/Unibell Development Agreement No. 90-174 Annual Report regarding the status of the Partial Amendment of Development Agreement No. 86-54 (Rancho Laborde Development Agreement). (Ward 4) City Attorney Skousen announced that staff is recommending Council open the hearing and continue, at the request of the Riverlakes Ranch representative, to October 12, 1994. Jim Marino, Riverlakes Development Corporation, requested the hearing be continued. Hearing opened at 8:38 p.m. No one spoke at hearing. Brunni requested, as the Councilmember of the area, she be advised of any changes. Motion by Brunni to continue the hear- ing to October 12, 1994. APPROVED Hearing to consider a Resolution finding that certain weeds, debris and discarded articles on the properties listed below constitutes a public nuisance and directing the Fire Chief to abate such nuisance. Ward 1: South of 220 S. Owens; North of 227 S. Owens; 210 Clyde; 1318 Potomac; Southeast corner of Texas & Clyde; 105 Clifton; South of 214 Hayes; 130 Clifton; South of 227 S. Owens. Hearing opened at 8:40 p.m. Fire Prevention Inspector DeMarco re- quested the property south of 214 Hayes be removed because they are in compliance. Hearing closed at 8:42 p.m. RES 149-94 Motion by Edwards to adopt Resolution, APPROVED confirming the Report of the Fire Chief. Bakersfield, California, September 7, 1994 - Page 10 10. REPORTS ACTION TAKEN Budget & Finance Committee Report No. 12-94 regarding Kern Transportation Foundation Funding Request. Motion by McDermott to accept Report and appropriate $5,000 from Fund Balance to Public Works Operating Budget within the Gas Tax Fund. APPROVED 11. DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-26 by changing the zoning from One Family Dwelling to Limited Multiple Family Dwelling on 20 acres, located west of Wible Road approximately 700 feet south of Panama Lane. (Ward 6) (GPA 2-94, Segment VII, ZC 5563) (First Reading August 24, 1994) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 124-03 by changing the zoning from Agriculture to General Manufac- turing on 27.53 acres, located at the southeast corner of State Route 58 and Mr. Vernon Avenue. (Ward 1) (GPA 2-94, Segment X, ZC 5549) (First Reading August 24, 1994) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-30 by changing the zoning from One Family Dwelling to One Family Dwelling-Church on 7.46 acres, gener- ally located on the north side of Brimhall Road, approximately one-quarter mile east of Jewetta Avenue. (Ward 4) (ZC 5575) (First Reading August 24, 1994) do Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 104-11 and 104-14 by changing the zoning from Limited Multiple Family Dwelling to Planned Unit Development on 4.61 acres, generally located south of State Route 178 and east of Miramonte Drive. (Ward 3) (ZC 5559) (First Reading August 24, 1994) REMOVED FOR SEPARATE CONSIDERATIO~r REMOVED FOR SEPARATE CONSIDERATION ORD 3602 ORD 3603 Bakersfield, California, September 7, 1994 - Page 11 11. DEFERRED BUSINESS continued ACTION TAKEM Ordinance amending Section 14.04.110 G. of the Bakersfield Municipal Code relat- ing to restoration-reconnection charges within the Ashe Water Service area. (Wards 4, 5 & 6) (First Reading August 24, 1994) Ordinance amending Chapter 8.32 of the Bakersfield Municipal Code relating to refuse and solid waste recycling. (First Reading August 24, 1994) Motion by McDermott to adopt Items c., d., e. and f. of Deferred Business. ORD 3604 ORD 3605 APPROVED Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-26 by changing the zoning from One Family Dwelling to Limited Multiple Family Dwelling on 20 acres, located west of Wible Road approximately 700 feet south of Panama Lane. (Ward 6) (GPA 2-94, Segment VII, ZC 5563) (First Reading August 24, 1994) Motion by McDermott to adopt Item a. of Deferred Business. ORD 3606 APPROVED NS BRUNNI Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 124-03 by changing the zoning from Agriculture to General Manufac- turing on 27.53 acres, located at the southeast corner of State Route 58 and Mr. Vernon Avenue. (Ward 1) (GPA 2-94, Segment X, ZC 5549) (First Reading August 24, 1994) Planning Director Hardisty announced the correct zone change is to Light Commercial, as reflected in the docu- ments. ORD 3607 Brunni abstaining due to her previous absence on this issue. Motion by Edwards to adopt Item b. of APPROVED Deferred Business. ABS BRUNNI Bakersfield, California, September 7, 1994 - Page 12 11. DEFERRED BUSINESS continued ACTION TAKEN go Ordinance amending the Casa Loma Spec- ific Plan and Title 17 of the Bakers- field Municipal Code and Zoning Map No. 124-08 by changing the zoning from Light Industrial to Medium Density Res- idential on 16.26 acres, located along the west side of Madison Avenue, between Casa Loma and Watts Drives. (Ward 1) (Casa Loma Specific Plan Amendment 1-94, ZC 5566) (First Reading August 24, 1994) Correspondence was received from Bill Dunn, Vice President of Regional Affairs, Aircraft Owners & Pilots Association, dated June 24, 1994, urging Council to reconsider the zone change. City Manager Tandy provided background information and advised staff supports the project with assistance offered to petitioners. Roger Mcintosh, Martin-Mcintosh Engineering; and Mike DePetro, Mercy Charities Housing, were recognized to speak. Motion by McDermott for a 90-day con- tinuance and direct staff to draft the documents to assist this project at an alternative site with $300,000 in HOME monies paid at $100,000 per year for three consecutive years. NAT Rowles requested, and McDermott denied, a friendly amendment to separate the two issues of continuance and the dollar commitment. Don Miller, Regional Representative, Aircraft Owners & Pilots Association; Julie Lakin, Air Traffic Controller, Meadows Field Airport Advisory Board Member; Roger Christy, Pilot; Roger Mcintosh, Martin-Mcintosh Engineering; and Ray Allen were recognized to speak. Bakersfield, California, September 7, 1994 - Page 13 11. DEFERRED BUSINESS continued ACTION TAKEiN Amended motion by Edwards for a 30- day continuance to allow the peti- tioners to consider other options. NAT Sister Diane Cline was recognized to speak. McDermott stated he would allow a friendly amendment to his original motion from a 90-day continuance to a 35-day continuance of October 12, 1994. Mayor Price announced the need for a motion to amend the motion. City Attorney Skousen stated that the vote is whether or not to amend the main motion. If that motion fails, the amendment is not voted on; Council votes on the unamended main motion. If the motion passes, the main motion is amended and the amended main motion is voted on. Motion to amend the motion. APPROVED NS MCDERMOIS~? BRUNNI Motion by Edwards for a continuance to October 12, 1994 to allow the petitioners to consider other options. APPROVED NS MCDERMO~? BRUNNI Brunni clarified her vote. Mayor Price announced a 5-minute recess at 10:10 p.m. and reconvened the meet- ing at 10:18 p.m. Resolution approving and adopting an adjusted fee for development and improve- ment of parks within the City of Bakers- field. Public Works Director Rojas provided background information. NAT Bakersfield, California, September 7, 1994 - Page 14 12. N~q~ BUSINESS continued ACTION TAKEN ao Resolutions ordering judicial fore- closure of delinquent assessments for: Assessment District Nos. 86-2A Buena Vista Trunkline, 86-2B Laborde Roads, 86-2C Laborde Utilities and 86-2D Rancho Laborde. (Riverlakes area) (Ward 4) Assessment District No. 87-1 so. Jenkins/Buena Vista. (Renfro/ Stockdale area) (Ward 4) Assessment District No. 90-1 Jewetta Trunkline Extension. (Polo Grounds area) (Ward 4) Assessment District No. 91-1 Hosking Trunkline Sewer· (Hoskings Road area) (Wards 6 & 7) Brunni recognized Jim Marino, represent- ing Riverlakes Ranch, who requested Item 12.a.1. be continued to the meet- ing of October 12, 1994. Motion by Brunni to adopt Resolutions. RES 150-94 RES 151-94 RES 152-94 RES 153-94 APPROVED Bid Preference: Resolution granting a one percent (1%) bid preference to vendors within City limits. Ordinance amending Subsection C. of Section 3.20.060 and amending Subsection C. of Section 3.20.090 of the Bakersfield Municipal Code relating to purchasing (bids). Motion by McDermott to amend the Resol- ution as follows: a) "1. City shall, whenever approp- riate, grant approximately one per- cent bid preference to vendors located within City limits;" (strike the remaining portion of the sentence) b) Strike the wording from 2. c) Renumber 3. to be 2. d) Renumber 4. to be 3. WITHDRAWN Bakersfield, California, September 7, 1994 - Page 15 12. N~%q BUSINESS continued ACTION TAKEiN Amended motion by Salvaggio to refer this item to Budget & Finance Committee with a report back within 30 days. APPROVED Assessment District No. 94-2, Gosford/ White, Ward 4: 1. Resolution approving boundary map. 2. Resolution of Intention No. 1123 to order improvements. Motion by Brunni to adopt Resolutions. RES 154-94 APPROVED do Agreement with Sutro & Company for underwriting services for Assessment District No. 94-2, Gosford/white, Ward 4. Motion by Brunni to approve Agreement. AGR 94-191 APPROVED eo Agreement with E. Del Smith & Company for lobbyist services in Washington D.C. Motion by Brunni to approve Agreement and transfer of $21,600 from Council Contingency to City Council Operating Budget in the General Fund. WITHDRAWN Motion by McDermott to refer this item to Budget & Finance Committee for review and extend the current contract for 2 months. APPROVED NS EDWARDS Funding of Bakersfield Action Team's city-Wide vision Conference. Motion by McDermott to transfer $10,000 from Council Contingency to Mayor's Operating Budget in the General Fund. APPROVED NS EDWARDS Bakersfield, California, September 7, 1994 - Page 16 13. COUNCIL STATEMENTS ACTION TAKEN Motion by Salvaggio requesting staff to hand deliver Consent Calendar Item j. (Draft letter to CalTrans and Resolution) to KernCog Executive Director Ron Brummett, requesting the item be placed on KernCog's next agenda, October 6, 1994, and urge KernCog to support City's efforts. APPROVED Salvaggio referred to staff constituent's concerns that the Building Department is unable to take care of the numerous citizen requests in a timely manner (conservation). Brunni referred to City Manager correspon- dence from Roy R. Carver, Operations Manager, K-Mar Industries Inc. regarding public offer- ing of contract for services in the landscap- ing area that was discussed at a June Council meeting. Brunni referred to Budget & Finance Committee the issue of business license information being made available electron- ically to businesses who would pay for that information. Brunni commented on the opening of the Hageman Bridge and thanked staff. Smith referred to Legislative & Litigation Committee correspondence from Hal Kempen regarding gas-powered blowers. Smith referred to Urban Development Commit- tee correspondence regarding business adver- tising on sidewalks. Smith referred to Public Works street repairs: Potholes: Alley between Kaibab and University (2900 block); Corner of Auburn and Columbus (west side); West side of Columbus. before Panorama; and Gutter repairs: 3207 & 3214 Panorama; Christmas Tree bike pathway. Bakersfield, California, September 7, 1994 - Page 17 13. COUNCIL STATEMENTS continued ACTION TAKEN Edwards advised he had not received the list of street repairs he had requested. Edwards referred to Budget & Finance Commit- tee the Bingo Ordinance for review for changes and advise him of the meeting date. Edwards referred to staff the issue of refuse/trash on the roadside where City/ County areas join and requested a letter be written to Joe Drew requesting they revisit this issue. DeMond advised Police Chief Brummer the Downtown Marketing Committee is very pleased with the patrolling; still have a problem with young adults hanging around and harass- ing people in the 19th Street area. Mayor Price thanked staff for cleaning the areas where carts were being left and asked if recycling yards can be required to clean the area around them. 14. ADJOURMM£NT Motion by DeMond at 10:58 p.m. APPROVED I/ i/t ? ? MA6tOR o~ the City of Bakersfield, CA ATTEST: ~CITY CLERK and Officio ~erk of the Council of the City of Bakesfield, CA SEPT7.A 10/ 3/94 11:11am