HomeMy WebLinkAbout09/28/1994 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 28, 1994
WORKSHOP - 5:15 P.M. - Convention Center Hotel (behind the
Hotel by construction shed off Q Street)
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond, Smith
(arrived at 5:18), Brunni (arrived
at 5:17), Rowles, Salvaggio (arrived
at 5:28)
None
TOUR OF CONVENTION CENTER HOTEL.
City Manager Tandy, City Department Heads
and the public attended a tour of the Hotel.
Motion by McDermott to recess to Closed
Session at 5:45 p.m.
APPROVED
AB EDWARDS
CLOSED SESSION
Conference with Legal Counsel pursuant to
Government Code Section 54956.9 regarding
potential litigation (4).
ATTORNEY
AUTHORIZED 'fO
FILE NUISANCE
ABATEMENT
COMPLAINT
AGAINST NAGI ' S
LIQUOR
Closed Session pursuant to Government Code
Section 54956.9(a) regarding litigation in
the case of Roy F. Saunders vs. City of
Bakersfield, Kern Superior Court Case No.
225485-NFT.
UPDATE
RECEIVED;
NAT
Bakersfield, California, September 28, 1994 - Page 2
CLOSED SESSION (continued)
ACTION TAKEN
Conference with Real Property Negotiators,
City Manager and agent for Santa Fe Rail-
road, pursuant to Government Code Section
54956.8 regarding price and terms of pay-
ment for real property located south of
the Convention Center, bounded by Santa Fe
Railroad tracks on the north, P Street on
the east, 14th Street on the south and O
Street on the west.
AUTHORIZATION
TO MAKE AN
OFFER ON
PROPERTY FOR
PARKING
Motion by McDermott to adjourn from Closed
Session at 6:59 p.m.
APPROVED
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Councilmember Mark Salvaggio
2. PLEDGE OF/~1 I FGIANCE
3. ROLL CALL
ACTION TAKEN
Present: Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles, Salvaggio
Absent: None
CLOSED SESSION ACTION
Mayor Price announced Closed Session action
as reflected on Page 1.
Motion by McDermott to add an item to Con-
sent Calendar that arose after the Agenda
was posted and requires action tonight.
APPROVED
Resolution dispensing with bidding due
to emergency sewer leak at Stockdale
Highway at Cross Valley Canal. (Ward 4)
PRESENTATIONS
"Dunkeroo", the Recycling Kangaroo,
Mary Beth Garrison and Sanitation
Department Supervisors, provided
information on upcoming recycling
activities.
Bakersfield, California, September 28, 1994 Page 3
6. PUBUC STATEMENTS
ACTION TAKEN
7. APPOINTMENTS
CONSENTCALENDAR
Voucher Nos. 1119 to 1716 inclusive,
in the amount of $5,726,975.88 and
Self Insurance Voucher Nos. 225 to
488 inclusive, in the amount of
$201,103.12.
Minutes of the Workshop, Closed Session
and Regular Meeting of September 7, 1994.
Declare real property (27 acres, for-
merly Wastewater Treatment Plant No. 1)
bounded by Mt. Vernon Avenue on the
west, the drainage retention basin on
the south, Quantico Avenue extended on
the east and Highway 58 on the north,
as surplus and authorize the Finance
Director to negotiate its sale. (Ward 1)
Notices of Completion and acceptance
of work:
Contract No. 94-104 with Granite
Construction Company for construc-
tion of equestrian trail along
Kern River under the Kern River
Bridge at State Route 178, com-
pleted September 12, 1994.
2 o
Contract No. 94-52 with Loop Elec-
tric for traffic signal and light-
ing system modification on Wilson
Road at Akers, completed September
2, 1994.
3 o
Contract No. 93-183 with Granite
Construction Company for Hageman
Road Bridge at Friant-Kern Canal
and culvert at Calloway Canal,
completed August 31, 1994.
Contract No. 94-69 with Turman
Construction Company for Coffee
Road Water Main Extension located
on Coffee Road between Brimhall
Road and Rosedale Highway; and on
Rosedale Highway, east to the
Calloway Canal, completed Septem-
ber 6, 1994. (Ward 4)
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, September 28, 1994 - Page 4
8. CONSENTCALENDAR continued
ACTION TAKEN
d. 5o
With DeWalt Group Inc. for con-
struction of Main Plaza Drive
adjacent to Tract No. 5675, Phase
3, and Granite Falls Drive between
Main Plaza Drive and Coffee Road,
completed August 25, 1994.
Plans and Specifications for:
Construction of box culvert bridge
on Brown Street at Eastside Canal.
(Ward 2)
Installation of raised reflective
pavement markers on major streets.
(Wards 1, 2, 3, 5, 6 & 7)
Signal interconnect on Truxtun
Avenue, Oak Street to A Street.
(Wards 2 & 5)
Installation of Men's and Women's
shower facilities at City Hall
South Annex. (Ward 2)
Resurfacing various streets in
Park Stockdale. (Ward 5)
Resolution authorizing the filing of an
application with the Kern County Council
of Governments for allocation of Trans-
portation Development Act Funds for
Fiscal Year 1994-95.
Resolution designating the Solid Waste
Management Advisory Committee as the
Local Task Force pursuant to Public
Resources Code Section 40950. (AB939)
Resolution appropriating $52,000 Asset
Forfeiture Funds to the Public Works
Operating Budget in the Equipment Man-
agement Fund for the purchase of three
(3) used replacement vehicles.
Improvement Agreement with St. Clair
Development for the completion of a
portion of Summer Springs Drive, south
of Harris Road, in Assessment District
No. 93-2. (Ward 6)
REMOVED FOR
SEPARATE
CONSIDERATION
RES 155-94
REMOVED FOR
SEPARATE
CONSIDERATION
RES 156-94
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, September 28, 1994 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
j o
Oo
Tract Map and Improvement Agreements
with Castle & Cooke Homes, Inc. for
Tract 5544, Phase B, located south of
Brimhall Road, west of Verdugo Lane.
(Ward 4)
Amendment No. 1 to Joint Agencies
Agreement No. 93-127 with Greater
Bakersfield Separation of Grade Dis-
trict for indemnification of costs or
damages relating to hazardous waste
cleanup on the Coffee Road Project.
Administrative Services Agreement with
International City Management Associa-
tion (ICMA) Retirement Corporation for
Deferred Compensation Plan.
Agreement with Riverlakes Ranch Limited
Partnership to purchase real property
($22,500) located south of Olive Drive
for use as a water well site. (Ward 4)
Agreement with Turman Construction
Company to extend a 16" diameter
domestic water main located on the
south side of Rosedale Highway, east
of Coffee Road. (Ward 4)
Common Use Agreement with North Kern
Water Storage District to extend a
16" diameter domestic water main
across the Calloway Canal located on
the south side of Rosedale Highway,
east of Coffee Road. (Ward 4)
Agreement with State of California,
Department of Transportation, Program
Supplement No. 054, for asphalt resur-
facing on various streets. (Wards 1,
2, 5, 6 & 7)
Accept bid to award Contract to Sully-
Miller Contracting Company ($909,700)
for resurfacing various streets in
Bakersfield, Phase II. (Wards 1, 2,
5, 6 & 7)
Accept bid from S.A. Camp Pump Company
($91,560) for drilling, casing and pump
testing Ashe Water Well No. CBK 34 for
Water & Sanitation Department. (Ward 4)
DELETED
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 94-193
AGR 94-194
DEED 4060
AGR 94-195
AGR 94-196
AGR 94-197
CON 94-198
94=236
Bakersfield, California, September 28, 1994 - Page 6
8. CONSENT CA~NDAR continued
ACTION TAKEN
Accept bid from Farm Pump and Irriga-
tion Co. ($188,873) for construction
of Ashe Water Well No. 33 for Water &
Sanitation Department. (Ward 6)
Revised job specifications for Building
Permit Technician, Engineering Techni-
cian I and Human Resources Clerk.
(Refer to Personnel Committee)
CON 94-202
Posted Street Sweeping Program report
from Public Works Department, dated
July 1994.
(Refer to Urban Development Committee
for review and recommendation)
Transfer of $3,600 from Council Contin-
gency to the City Council Operating
Budget in the General Fund for a two-
month extension on the Agreement with
E. Del Smith & Company for lobbying
services in Washington D.C.
Wo
Resolution dispensing with bidding due
to emergency se~Jer leak at Stockdale
Highway at Cross Valley Canal. (Ward 4)
Correspondence was received from Roger A.
Mcintosh, Martin-Mcintosh, representing
Castle & Cooke Homes, Inc., dated September
26, 1994, requesting Item j. be pulled from
the agenda.
Motion by DeMond to adopt Items (a) through
(w) of the Consent Calendar, with the dele-
tion of Item j. and the exception of Items
a., c., e.4., g., i., k., v. and w.
REMOVED FOR
SEPARATE
CONSIDERATIC~
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Bakersfield, California, September 28, 1994 - Page 7
8. CONSENTCALENDAR continued
ACTION TAKEN
Voucher Nos. 1119 to 1716 inclusive,
in the amount of $5,726,975.88 and
Self Insurance Voucher Nos. 225 to
488 inclusive, in the amount of
$201,103.12.
Rowles absent due to conflict of
interest.
Motion by McDermott to adopt Item a.
of the Consent Calendar.
APPROVED
ABS ROWLES
Declare real property (27 acres, for-
merly Wastewater Treatment Plant No. 1)
bounded by Mt. Vernon Avenue on the
west, the drainage retention basin on
the south, Quantico Avenue extended on
the east and Highway 58 on the north,
as surplus and authorize the Finance
Director to negotiate its sale. (Ward 1)
Brunni requested the availability of
this property be noticed to the public.
Motion by McDermott to adopt Item c.
of the Consent Calendar.
APPROVED
Plans and Specifications for:
4. Installation of Men's and Women's
shower facilities at City Hall
South Annex. (Ward 2)
Motion by McDermott to adopt Item e.4.
of the Consent Calendar.
APPROVED
Resolution designating the Solid Waste
Management Advisory Committee as the
Local Task Force pursuant to Public
Resources Code Section 40950. (AB939)
RES 157-94
Motion by DeMond to adopt Item g. of APPROVED
the Consent Calendar.
Bakersfield, California, September 28, 1994 - Page 8
8. CONSENT CALENDAR continued
ACTION TAKEN
Improvement Agreement with St. Clair
Development for the completion of a
portion of Summer Springs Drive, south
of Harris Road, in Assessment District
No. 93-2. (Ward 6)
Rowles absent due to a previous busi-
ness relationship.
Motion by McDermott to adopt Item i.
of the Consent Calendar.
AGR 94-199
APPROVED
ABS ROWLES
Amendment No. 1 to Joint Agencies
Agreement No. 93-127 with Greater
Bakersfield Separation of Grade Dis-
trict for indemnification of costs or
damages relating to hazardous waste
cleanup on the Coffee Road Project.
Motion by Brunni to adopt Item k. of
the Consent Calendar.
AGR 94-200
APPROVED
Vo
Transfer of $3,600 from Council Contin-
gency to the City Council Operating
Budget in the General Fund for a two-
month extension on the Agreement with
E. Del Smith & Company for lobbying
services in Washington D.C.
Motion by McDermott to adopt Item v.
of the Consent Calendar.
APPROVED
NS EDWARDS
Wo
Resolution dispensing with bidding due
to emergency sewer leak at Stockdale
Highway at Cross Valley Canal. (Ward 4)
Brunni thanked Public Works staff for
their excellent handling of the emer-
gency.
McDermott requested staff consider
local contractors whenever possible.
RES 158-94
Motion by Brunni to adopt Item w. of APPROVED
the Consent Calendar.
Bakersfield, California, September 28, 1994 Page 9
9. HEARINGS
ACTION TAKE~
Hearing as required by Resolution of
Intention No. 1124 to order the vaca-
tion of the 33-foot-wide alley in Block
385 located between R and S Streets,
north of california Avenue. (Ward 2)
Correspondence was received in opposi-
tion from Emil John Schaub, Business
Manager, California Water Service Com-
pany, dated September 22, 1994.
Planning Director Hardisty provided
background information.
Hearing opened at 7:29 p.m.
No one spoke at hearing.
Hearing closed at 7:30 p.m.
Motion by DeMond to adopt Resolution.
RES 159-94
APPROVED
Hearing to consider a Resolution find-
ing that certain weeds, debris and
discarded articles on the properties
listed below constitute a public nui-
sance and directing the Fire Chief to
abate such nuisance.
Ward 1: South of 336 Clifton; South
of 239 Clifton; North of 225 Clifton;
North of 224 Clifton; 1420 Ralston;
621 & 625 S. Haley; Sunset Tract Lots
25, 26 & 27, South of 519 S. Haley;
500 Chester.
Hearing opened at 7:32 p.m.
No one spoke at hearing.
Hearing closed at 7:32 p.m.
Edwards requested City Attorney Skousen
provide him with information regarding
reimbursement to the City if property
is part of a bankruptcy settlement.
RES 160-94
Motion by Edwards to adopt Resolution, APPROVED
confirming the Report of the Fire Chief.
Bakersfield, California, September 28, 1994 - Page 10
lO o REPORTS
ACTION TAKEN
summary of revised and updated Emergency
Operations Plan, dated August 1994, for
use during major emergency situations.
Assistant Fire Chief McCarthy provided
an overview of the Emergency Operations
Plan.
Brunni referred the following questions
to Fire Chief McCarthy for response back:
1) Are there specific guidelines under
which the President of the United
States can declare a National Emer-
gency?
2) Under what circumstances can the
President of the United States call
an emergency without (State) request?
Brunni also submitted written guestions
to Assistant Fire Chief McCarthy.
DeMond requested the plan designate high
school gyms, Bakersfield College, Cal
State as shelters in an emergency.
Status Report on multi-use facility
including minor league baseball.
Correspondence was received from nine-
teen (19) Bakersfield residents in
support of City/County efforts to build
a baseball stadium.
Correspondence was receive~ from David
Lyman, Chairperson, Community Advisory
Council, dated September 21, 1994,
requesting Council consider southeast
Bakersfield as a site for the proposed
baseball stadium.
Correspondence was received from Rich-
ard R. Russell, Chairperson, Citizen's
Community Services Advisory Committee,
dated September 14, 1994, in support
of local baseball.
City Manager Tandy provided an update
on the baseball/stadium issue.
Bakersfield, California, September 28, 1994 - Page 11
10. REPORTS continued
ACTION TAKEN
McDermott urged everyone to look at the
Consultant's Reports.
Brunni requested Stockdale/Allen and
Stockdale/Renfro not be considered for
a facility site.
Brunni requested costs of the downtown
location site being considered.
11. DEFERRED BUSINESS
Ordinance amending Subsections C., D.,
H., I., J. and 0.4 of Section 16.28.170
of the Bakersfield Municipal Code relat-
ing to the minimum lot design standards
and required findings for reduction of
minimum lot size. (First Reading August
10, 1994 with referral to Urban Develop-
ment committee)
Ordinance amending Section 17.64.035 of
the Bakersfield Municipal Code relating
to the authority of the Planning Commis-
sion to grant modifications to lot size.
(First Reading August 10, 1994 with re-
ferral to Urban Development committee)
Ordinance amending Subsection B. of
Section 17.08.180 of the Bakersfield
Municipal Code relating to wall heights
within the front yard setback in resid-
ential zones. (First Reading August 10,
1994 with referral to Urban Development
Committee)
Motion by McDermott to adopt Items a.
through c. of Deferred Business.
ORD 3608
ORD 3609
ORD 3610
APPROVED
Resolution instituting collection of
maintenance and operating costs for
future convenience traffic signals
through maintenance districts.
RES 161-94
Motion by McDermott to adopt Resolution. APPROVED
Bakersfield, California, September 28, 1994 - Page 12
12. NEON BUSINESS continued
ACTION TAKE~
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.
AGR 94-201
APPROVED
NS EDWARDS
Appointment of voting delegate and
alternate for League of California
Cities Annual Conference scheduled
October 23 - 25, 1994 in Long Beach.
DeMond requested the League Resolutions
be made available to Council.
Motion by McDermott to designate Rowles
as Delegate and Assistant City Manager
Waiters as Alternate and direct staff
to draft a letter to League stating it
is not in their best interest to hold
an annual meeting immediately prior to
an election and ask that they consider
an alternate date in the future.
APPROVED
ABS EDWARDS
12. NEW BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-17 by changing the zoning
of 3.46 acres from R-3, Limited Multiple
Family Dwelling, to R-2, Limited Multlple
Family Dwelling, located approximately
400 feet east of Old River Road, south
of Millikan Way and north of the South-
ern Pacific Railroad right-of-way.
(Ward 4) (ZC 5583}
FR
Bakersfield, California, September 28, 1994 - Page 13
12. NEWBUSINESS continued
ACTION TAKEN
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 103-22 by changing the zoning
of 3.98 acres generally located on the
northeast corner of Bernard Street and
New Market Way from Planned commercial
Development which only allows a physi-
cal fitness center to Planned Commercial
Development to include development of a
22,000 square foot United Artists Cinema.
(Ward 3) (ZC 5584)
McDermott requested Item b. be given
First Reading and referred to the
Urban Development Committee.
FR
APPROVED
Ordinance amending Subsection A. of
Section 16.16.080 of the Bakersfield
Municipal Code relating to expiration
of tentative maps.
Ordinance amending Title 17 of the
Bakersfield Municipal Code relating
to second dwelling units.
Ordinance adding Brimhall No. 3 Annexa-
tion to Ward 4, located east of Jewetta
Avenue, approximately 800 feet north of
Brimhall Road.
Ordinance amending City of Bakersfield
Redevelopment Plan to establish time
limits to incur new debt, undertake any
Redevelopment Projects and pay existing
debt. (Compliance with AB1290)
Resolution of Intention No. 1125 to
order the vacation of 26th Street
between H and Eye Streets and the
adjacent alley in Block 115 and setting
the public hearing for November 2, 1994.
(Ward 2)
Brunni absent due to potential conflict
of interest.
Rowles absent due to property interest.
within 300 feet of this area.
Motion by DeMond to adopt Resolution
of Intention.
FR
FR
FR
FR
APPROVED
ABS BRUNNI
ABS ROWLES
Bakersfield, California, September 28, 1994 - Page 14
13. COUNCIL STATEMENTS
ACTION TAKEN
McDermott referred to City Clerk correspon-
dence from Chairman Steve Messner resigning
from the Planning Commission.
McDermott directed Finance Director Klimko
to prepare a summary of potential revenue:
liens (i.e. weed abatement, building demolition
abatement) what's been paid, what's not been
paid and anticipated payment; and refer the
summary to Budget & Finance Committee for
further review.
Brunni directed staff to prepare a written
explanation of why a November 2nd hearing
date is set for New Business Item 12. g.
when there was staff comment in the news-
papor that there were no hearing dates
available until December.
Brunni referred to staff the standard of
home construction not compatible with the
neighborhood in the area of Old Farm Road
and Penner (Jen Lee) that is in the process
of being annexed to the City and provide
her with a list of County persons she can
contact to get help in that area. She has
pictures available.
Brunni referred to staff the ordinance
governing outbuildings/storage buildings
with referral to Planning Director Hardisty
and Urban Development Committee for further
review.
Brunni referred to the letter from Mayor
Price, dated September 22nd, about the Clean
Air Symposium he attended in Modesto and asked
if he believes the Air Pollution Control Dis-
trict is looking at land use planning in our
community. Mayor stated that Community Advis-
ory Council will be discussing this issue
at their October 4th meeting.
Brunni referred to staff the need for street
lights at Eastgate (original portion of
Stockdale Estates), Jamaica Way, and Mesa
Verde with a report back. ~
Bakersfield, california, September 28, 1994 - Page 15
13. COUNCIL STATEMENTS (continued)
ACTION TAKE~~
Edwards referred to staff the feasibility of
communicating to citizens through an insert
in the P.G.& E. bill.
Edwards thanked Water and Sanitation Manager
Bogart for fencing installed on the Kern
Delta Canal.
Edwards referred to Finance Director Klimko
a complaint about an unlicensed business on
H Street, near 8th or 9th; Edwards will
provide address.
Edwards referred to Personnel Committee
recruitment of volunteers (i.e. property
maintenance enforcement); develop job
specifications and descriptions, with a
report back to Council.
Salvaggio referred to staff the issue of a
dead tree causing a possible safety hazard
at 4312 Axminster and report back as soon as
possible with recommendations.
Salvaggio referred to Public Works Depart-
ment a traffic signal feasibility study of
the South K and Wilson intersection.
Salvaggio referred to staff the issue of a
parked hot tar trailer at 6205 Castlepoint
being near day care homes.
Salvaggio requested Planning Director Hard-
isty, Police Chief Brummer, Public Works
Director Rojas, Community Services Director
Andersen meet with him after the meeting to
discuss two items: Dorian Drive; and Fair-
view & Maurice.
Rowles informed Public Works there is a
petition from the residents on Elm Street,
between 22nd to 24th regarding the feasibil-
ity of a cul-de-sac at the area of Highway
178 and requested an information inquiry be
made of CalTrans.
Bakersfield, california, September 28, 1994 Page 16
13. COUNCIL STATEMENTS (continued)
ACTION TAKEN
Rowles referred to Streets Department an
update of street resurfacing on Candy/Joseph/
Dunlap/North McDonald Way and LaMirada south
of Centennial Park.
Rowles thanked the Fire Department for the
evening picnic with the Belgium Firemen.
Rowles thanked Water & Sanitation Manager
Bogart & staff for the excellent public meet-
ing last night regarding the Toter Program.
Rowles referred to Community Development a
report dating the census information and
CDBG eligibility requirement of funding for
the Candy/Dunlap/Morrison/Joseph census
tract.
Rowles thanked Public Works Director Rojas,
Water & Sanitation Manager Bogart, Principal
Planner Movius, Community Services Director
Andersen, Parks Superintendent Fabbri, and
Public Works Engineer III Shaw for working
with the Parkway people to address the Kern
River Park effort.
Rowles referred to Police Department speeding
complaints on Bermuda Street (Kern City) and
Camino Del Oeste (Ward 4).
Rowles mentioned the football game taking
place this Saturday at Memorial Stadium
Bakersfield High School and Bishop-Amat.
DeMond thanked Water & Sanitation Manager
Bogart and Waste Management staff for the
toter information meeting last night.
DeMond referred to Water & Sanitation Manager
Bogart the issue of a start date on the Union
Avenue billboards.
DeMond mentioned the City activities and events
taking place in October and distributed t-shirts.
Mayor Price announced today is Councilmember
Smith's birthday.
Bakersfield, California, September 28, 1994 - Page 17
13. COUNCIL STATEMENTS (continued)
ACTION TAKE~(
Smith referred to staff the feasibility of
lighting at Beach Park soccer facilities.
DeMond referred to staff the outside lighting
not being on in front of City Hall and at the
top of the stairways.
Mayor requested staff and Councilmembers con-
sider cancelling workshops when we have a lot
of Closed Sessions.
McDermott mentioned AYSO's concern of lights
at Beach Park soccer facilities also.
McDermott thanked Public Works Director
Rojas for the improvements on Brimhall.
14.
ADJOURNM£NF
Motion by McDermott at 8:48 p.m. APPROVED
~,"/ ///
MAY~R of ~he City of Bakersfield,
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
SEPT28.MIN
10/14/94 9:14am