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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