HomeMy WebLinkAbout10/12/1994 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 12, 1994
WORKSHOP- 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROll CAll
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
Edwards (seated at 5:42), DeMond,
Smith, Rowles, Salvaggio (seated
at 5:50)
Councilmembers McDermott, Brunni
STATUS REPORT ON COMPUTER SOFTWARE/HARDWARE
PURCHASES.
Assistant City Manager Waiters provided a
status report.
Motion by DeMond to recess to Closed
Session at 5:45 p.m.
APPROVED
AB MCDERMO~U
BRUNNI
SALVAGGIO
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(a) regarding litigation in
the case of Roy F. Saunders rs. City of
Bakersfield, Kern Superior Court Case No.
225485-NFT.
CITYATTORNEY
PROVIDED A
BRIEFING; NAT
Motion by DeMond to adjourn from Closed
Session at 6:25 p.m.
APPROVED
AB MCDERMOtt?
BRUNNI
Bakersfield, California, October 12, 1994 - Page 2
REGULAR MEETING
1.
2.
- 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
IN¥OCAIION by Bishop Gaylen Young, The Church of Jesus Christ
of Latter-Day Saints.
PLEDGE OFA~GIANCE
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers
McDermott (seated at 7:05),
Edwards, DeMond, Smith, Brunni
(seated at 7:20) Rowles, Salvagglo
None
ACTION TAKE}I
4 o
CLOSED SESSION ACTON
Mayor Price announced Closed Session action
as reflected on Page 1.
5o
PRESENTATIONS
Mayor Price welcomed the CJ 420 Policy-
Making Class from Cal State Bakersfield.
PUBUC STATEMENTS
Anna Belle Cahn, Executive Director,
Arts Council of Kern, representing
Susan Reep, Cathy Butler, Kelly Blanton
and Betty Younger, spoke regarding the
"Up on the Roof, Down on the Street"
Street Faire October 14, 1994; and
also spoke regarding Arts Council of
Kern awards dinner and Bakersfield
artists.
David James, representing Kern County
Athletic and Rugby Football Clubs,
submitted proposed changes for the
realignment of the Beach Park soccer
field.
McDermott referred this issue to the
citizens' Community Services Advisory
Committee and staff.
Bakersfield, California, October 12, 1994 - Page 3
6. PUBUC STATEMENTS continued
ACTION TAKEN
Karen Shah, President, Lakeview Neigh-
borhood Association, thanked Mayor,
Council and staff for support and part-
icipation in the Good Neighbor Festival;
and made a presentation to City Manager
Tandy.
7. APPOINTMENTS
CONSENTCALENDAR
Voucher Nos. 1717 to 2342 inclusive, in
the amount of $3,105,386.93 and Self
Insurance Voucher Nos. 489 to 644
inclusive, in the amount of $188,369.35.
Minutes of the Workshop, Closed Session
and Regular Meeting of September 28,
1994.
Correspondence has been received from
Darlena Akers, dated September 21,
1994, submitting her resignation from
the Historic Preservation Commission.
(Receive and place on file)
do
Quitclaim Deed to Decio and Susana
Fedoryszyn, owner of Lot 23, Tract
5669-A, to release a portion of the
wall, landscape and public utility
easement northwest of Hageman Road and
Old Farm Road in exchange for an addi-
tion to the easement previously dedi-
cated west of Lot 23. (Ward 4)
Declaration of Easement and Cross-
Easements with John Q. Hammons Hotel -
Bakersfield L.P. for the Convention
Center Hotel property. (Ward 1)
Notices of Completion and acceptance
of work:
Contract No. 94-65 with B and K
One, Inc., for Tract No. 5669,
Phase A, located on the northwest
corner of Hageman Road and Old Farm
Road, completed September 15, 1994.
DEED 4069
DEED 4070
Bakersfield, California, October 12, 1994 - Page 4
8. CONSENTCALENDAR continued
ACTION TAKE}!
fo 2o
Contract No. 94-100 with Coral
Keys Limited Partnership for Tract
No. 5723, located on the northeast
corner of Harris Road and Ashe
Road, completed September 16, 1994.
Contract No. 93-177 with Coleman
Homes, Inc., for Tract No. 5152,
Phase 1, landscaping, located on
the northeast corner of Meacham
Road and Main Plaza Drive,
completed September 19, 1994.
4 o
Contract No. 93-175 with Coleman
Homes, Inc. for Tract No. 5151,
Phase 1, landscaping, located on
the northeast corner of Meacham
Road and Main Plaza Drive,
completed September 19, 1994.
Contract No. 94-56 with Joaquin
Valley Estates Corporation for
Tract No. 5596, Phase I, located
north of Hageman Road on the east
side of Verdugo Lane, completed
September 21, 1994.
Contract No. 93-116 with DeWalt
Corporation for Tract No. 5416,
Phase 4, block wall, located on
the north side of Noriega Road
east of Jewetta Avenue, completed
September 23, 1994.
Contract with Kern-Rio Bravo Part-
ners 2 for Tract No. 5540 for
improvements on the west side of
Morning Drive, south of Panorama
Drive, completed September 30, 1994.
Plans and Specifications for Pierce-Arrow
Planned Sewer Area, Phase I. (Ward 5)
Resolution amending Resolution No.
32-92 regarding the establishment of
Underground Utility District No. 2,
Division 23 (West Columbus Street
Underground Utilities Project). (Ward 2)
RES 162-94
Bakersfield, California, October 12, 1994 - Page 5 i~ ~3
8. CONSEN~CA~NDAR continued
ACTION TAKEiN
Resolution amending Resolution No.
67-92 regarding the establishment of
Underground Utility District No. 2,
Division 24 (Stine Road Underground
Utilities Project). (Ward 2)
Resolution preliminarily approving
Enginser's Report and setting November
2, 1994 and December 14, 1994 for hear-
ing public testimony regarding Assess-
ment District No. 94-2, Gosford/White.
(Ward 4)
Resolution authorizing the Chief of
Police to file an application for a
State Grant for Bakersfield Alcohol
Enforcement and Education Project.
Tract Map and Improvement Agreements
with Kern-Rio Bravo Partners 2 for
Tract No. 5540, located on the west
side of Morning Drive, south of
Panorama Drive. (Ward 3)
Agreement with Impact Community Youth
Center Inc. for acquisition assistance
of property located at 2201 V Street
(Strongbow Stadium). (Ward 2)
Memorandum of Understanding with Kern
County Superintendent of Schools to
provide the Drug Abuse Resistance
Education (DARE) Program from August
1, 1994 through July 31, 1995.
Consultant's Agreement with Cornerstone
Engineering, Inc. for surveying and
engineering services for design of
expansion of Green Waste Recycling
Center, located at East Planz Road at
South Mt. Vernon Avenue. (Ward 1)
Agreement with The Atchison, Topeka
and Santa Fe Railway Company to pur-
chase real property ($244,000 Off-
Street Parking Fund), bounded by O
Street on the west, P Street on the
east, 14th Street on the south and
the railroad tracks on the north,
for Convention Center parking.(Ward 2)
RES 163-94
RES 164-94
RES 165-94
AGR 94-203
AGR 94-204
AGR 94-205
DEED 4071
AGR 94-206
AGR 94-207
AGR 94-208
DEED 4072
Bakersfield, California, October 12, 1994 - Page 6
8. CONSEN/CALENDAR continued
ACTION TAKEN
qo
Amendment No. 2 to Agreement No. 94-40
with Warren A. Minner & Associates for
Fire Station No. 2 structural rehabili-
tation. (Ward 2)
Accept bid to award Contract to Eastman,
Inc. ($53,008.21) for office supplies.
Revised job specifications for Building
Permit Technician, Engineering Techni-
cian I and Human Resources Clerk.
Appropriate $465,950 General Fund
balance to the Fire Capital Improvement
Budget in the Capital Outlay Fund and
$13,000 fund balance to the Fire Operat-
ing Budget within the General Fund for
a total of $478,950 for the Fire JPA
Settlement.
Motion by DeMond to adopt Items (a)
through (t) of the Consent Calendar.
AGR 94-209
CON 94-210
APPROVED
AB BRUNNI
HEARINGS
so
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) (Continued from
September 7, 1994)
Correspondence was received October 12,
1994 from the following:
Stephen M. Dake, Law Offices of Borton,
Petrini & Conron, dated October 11,
1994; Dennis W. DeWalt, President,
DeWalt Corporation, dated October 12,
1994 and October 10, 1994; Chris Hayden,
Vice President, Probuilt Homes, Inc.,
dated October 11, 1994; Gary E. Klaus-
ner, Law Offices of Robinson, Diamant,
Brill & Klausner, dated October 5, 1994;
and Matt Towery, Kyle Carter Homes, Inc.,
dated October 11, 1994.
City Clerk Williams announced the amended
staff recommendation to continue the pub-
lic hearing to November 2, 1994, take all
information received under advisement and
direct staff to further evaluate.
Bakersfield, California, October 12, 1994 - Page 7
9. HEARINGS continued
ACTION TAKEN
Planning Director Hardisty provided
background information.
Hearing opened at 7:22 p.m.
The following individuals spoke:
Rommey Sanchez, submitting written
material; Mark Turner; Fred Sanchez;
John Hollins; Jim Marino, Marino Asso-
ciates, representing Riverlakes Devel-
opment Corporation; Stacy Hungerford;
Ray Barker; Dennis DeWalt, DeWalt Cor-
poration; Kevin Terry; and Bob Gergan.
Mayor Price announced the closing of
this portion of the public hearing at
7:40 p.m.
Brunni requested Planning Director
Hardisty schedule a meeting with
the neighborhood property owners and
include her.
Brunni referenced a letter on the
Beach Club, dated October 5, 1993, and
asked whether money is set aside to
build the Beach Club; and confirmation,
in writing, from the bank that the
agreement is still in force and in
effect.
McDermott recognized Jim Marino, re-
resenting Riverlakes Ranch, to speak.
Motion by Brunni to continue the
public hearing to November 2, 1994,
take all information received under
advisement and direct staff to further
evaluate.
APPROVED
Bakersfield, California, October 12, 1994 - Page 8
9. HEARINGS continued
ACTION TAKEN
Rancho Laborde Development Agreement No.
86-54 Annual Report regarding the status
of said Development Agreement covering
that area of Riverlakes generally located
between Fruitvale Avenue and Coffee Road
along the north and south sides of Hage-
man Road. (Ward 4)
Hearing opened at 7:55 p.m.
Bonnie Godfrey, Fruitvale Properties,
clarified for Council and public that
they are not part of the development
located west of Coffee Road.
Hearing closed at 7:56 p.m.
Motion by Brunni finding the developer
to be in substantial compliance with
the Development Agreement.
APPROVED
Appeal by Michael Shorr of Board of
Zoning Adjustment decision to rescind
Condition No. 4 of Modification No.
5589 on property located at 818 and
820 Real Road. (Ward 5)
Planning Director Hardisty provided
background information.
Hearing opened at 8:00 p.m.
William Morris, Regency Complex
co-owner, spoke in support.
Hearing closed at 8:01 p.m.
Rowles recognized Michael Shorr to
speak; Salvaggio recognized William
Morris to speak.
RES 166-94
Motion by Rowles to adopt Resolution, APPROVED
granting the appeal.
Bakersfield, California, October 12, 1994 - Page 9
9. HEARINGS continued
ACTION TAKEN
Hearing to consider a Resolution find-
ing that certain unsecured doorways,
windows and other openings in vacant
structures on properties listed below
constitute a public nuisance and direct-
ing the Building Director to abate such
nuisance.
Ward 1: 621-625 So. Haley Street,
Units A & B; 335-339 So. Owens Street,
Units A & B; 338 Clifton Street, Units
A & B; 1105 Ralston Street, Unit A; and
1208 Eureka Street.
Hearing opened at 8:11 p.m.
No one spoke at hearing.
Hearing closed at 8:12 p.m.
Motion by Edwards to adopt Resolution,
confirming the Report of the Building
Director.
WITHDRAWN
Motion by Edwards to delay action to
the meeting of December 14,1994.
APPROVED
10.
REPORTS
Budget and Finance Committee Report No.
13-94 regarding Bid Preference.
Resolution granting a one percent
(1%) bid preference to vendors
within City limits.
Ordinance amending Subsection C.
of Section 3.20.060 of the Bakers-
field Municipal Code relating to
bidding.
Motion by McDermott to accept Report,
adopt Resolution and give First Reading
to Ordinance.
RES 167-94
FR
APPROVED
Bakersfield, California, October 12, 1994 - Page 10
11. DEFERRED BUSINESS
ACTION TAKE~{
Casa Loma Specific Plan Amendment 1-94,
Zone Change 5566:
Ordinance amending the Casa Loma
Specific Plan and Title 17 of the
Bakersfield Municipal Code and
Zoning Map No. 124-08 by changing
the zoning from Light Industrial
to Medium Density Residential on
16.26 acres, located along the
west side of Madison Avenue, be-
tween Casa Loma and Watts Drives.
(Ward 1) (First Reading August 24,
1994; continued from September 7,
1994)
Resolution supporting Mercy Chari-
ties Affordable Housing Project
within the Southeast Bakersfield
Metropolitan Area.
Correspondence has been received from
Jay C. White, President, California
Pilots Association, dated September 20,
1994, requesting Council reject Planning
Commission Resolution No. 31-94; and
dated October 4, 1994, clarifying the
position of the California Pilots
Association.
Planning Director Hardisty and Econo-
mic Development Director Wager provided
background information.
Edwards recognized Jim Burke, Jim
Burke Ford, to speak; Brunni recog-
nized Mike DePetro, Mercy Charities
Affordable Housing, to speak.
Motion by Edwards to accept corres-
pondence received from Castle & Cooke
Development, Martin-Mcintosh, and Mercy
Charities Housing California, withdraw-
ing the application; not adopt the
Ordinance; initiate the General Plan
Amendment to return the property to its
former status; and adopt Resolution.
RES 168-94
APPROVED
Bakersfield, California, October 12, 1994 - Page 11
11. DEFERRED BUSINESS continued
ACTION TAKEN
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 Multi-
ple Family Dwelling, to R-2, Limited
Multiple Family Dwelling, located
approximately 400 feet east of Old
River Road, south of Millikan Way and
north of the Southern Pacific Railroad
right-of-way. (Ward 4) (ZC 5583)
(First Reading September 28, 1994)
Ordinance amending Subsection A. of
Section 16.16.080 of the Bakersfield
Municipal Code relating to expiration
of tentative maps. (First Reading
September 28, 1994)
Ordinance amending Title 17 of the
Bakersfield Municipal Code relating
to second dwelling units. (First
Reading September 28, 1994)
Ordinance adding Brimhall No. 3 Annexa-
tion to Ward 4, located east of Jewetta
Avenue, approximately 800 feet north of
Brimhall Road. (First Reading September
28, 1994)
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)
(First Reading September 28, 1994)
ORD 3611
ORD 3612
ORD 3613
ORD 3614
ORD 3615
Motion by McDermott to adopt Items b. APPROVED
through f. of Deferred Business.
Bakersfield, California, October 12, 1994 - Page 12
12. NEW BUSINESS
ACTION TAKEN
Resolution authorizing the city Manager
to file an application for a Federal
Grant for the Bakersfield Municipal
Airport. (Ward 1)
Public Works Director Rojas provided
background information.
Motion by McDermott to adopt Resolution.
WITHDRAWN
Rowles requested McDermott to accept
a friendly amendment to his motion to
form a group to bring back an analysis
of this situation.
DENIED
Rowles requested documents relating to
the Airport Strategic Plan of the Bak-
ersfield Airport Advisory Committee.
Motion by McDermott to refer this item
to the Bakersfield Airport Advisory
Committee and Council Liaison with a
recommendation as soon as possible.
APPROVED
NS EDWARDS
13.
COUNCILSTATEMENTS
Brunni referred to staff anonymous corres-
pondence received by Council.
Brunni referred to staff correspondence
from CalTrans regarding a Richard Maxwell
Memorial site in Bakersfield, with a report
back to Council.
Brunni referred to staff correspondence to
Marion Collins, Mesa Marin Raceway, regarding
concerts, with a report back of their recoll-
ection of any conversation with Mr. Collins
regarding a concert that occurred in September
in conjunction with a race.
Bakersfield, California, October 12, 1994 - Page 13
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Brunni referenced an article in The Bakers-
field Californian regarding a list of pro-
jects grandfathered in for the Public Utili-
ties Commission's newly adopted General
Order 131D, which, in effect, quoted the
Campus Park case.
DeMond recommended there be a discussion by
the Personnel Committee with the City Manager
regarding organizational issues/concerns due
to downsizing, with a report back to Council
with recommendations.
Rowles referred to a letter from Senator
Maddy that the south option of the Kern River
Alignment will officially be dropped from
consideration by CalTrans at their meeting
of October 20th; and thanked Councilmember
Salvaggio for his assistance.
Smith referred to Public Works street
resurfacing that was done near the Occi-
dental Street/University Avenue area
which eliminated the crosswalk; safe
pedestrian crossing from the College is
needed.
Salvaggio requested the City Attorney
Skousen and Chief Lewis meet with him
after this meeting regarding two consti-
tuents; and thanked the Police Department
for their response to this problem last
Monday.
DeMond requested Water & Sanitation Manager
Bogart meet with her after the meeting.
DeMond requested the "speaker sequence
buttons" be checked.
McDermott spoke about the Freeway Alignment
and asked that CalTrans, at their October
20th meeting, be urged to speed up the
process to meet the transportation needs
of this community and decide where the
alignment should go.
14.
Bakersfield, California, October 12,
ADJOURNMENT
Motion by McDermott at 9:38 p.m. APPROVED
R of the City of Bakersfield,
ATTEST:
1994 - Page 14
ACTION TAKEN
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
0CT12.A
11/ 7/94 9:07am