HomeMy WebLinkAbout11/02/1994 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 2, 1994
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni (seated at 5:38),
Rowles, Salvaggio (seated at 5:20)
None
PLANNING COMMISSION INTERVIEWS.
Motion by Rowles to accept the three appli-
cations that have been received, postpone
the interviews, readvertise and accept
applications until November 23, 1994.
NAT
Amended motion by Rowles to accept the
three applications that have been received,
postpone the interviews and readvertise
until November 23, 1994 and call a Special
Meeting for November 30, 1994 for interviews
and appointment.
NAT
Motion byRowles to continue the application
process to November 23, 1994 for action at
the Regular Council meeting of December 14,
1994.
FAILED
NS MCDERMO'I"i'
EDWARDS
DEMOND
SMITH
SALVAGGIO
ABBRUNNI
Motion by DeMond to extend the application
filing period to November 15th, 5:00 p.m.
and place on the November 16, 1994 agenda.
APPROVED
NS ROWLES
ABBRUNNI
Bakersfield, California, November 2, 1994 - Page 2
WORKSHOP continued
ACTION TAKEN
BUSINESS RETENTION SURVEY (K.E.E.P.).
Economic Development Director Wager pro-
vided survey results, a slide presentation,
and introduced Jay Edwin Hastrum, California
State University - Bakersfield Intern, and
Linda Quinones-Vaughn, Pacific Gas & Electric,
who both provided additional information.
PREVIEW OF AB1290 (DOWNTOWN BAKERSFIELD
REDEVELOPMENT PROJECT IMPLEMENTATION
PLAN AND CITY OF BAKERSFIELD MARKET
POTENTIAL ANALYSIS).
Economic Development Director Wager
provided a preview/update.
JAIL BOOKING FEES.
City Manager Tandy introduced Assistant
City Manager Stinson and Police Chief
Brummer, who provided background informa-
tion and status report.
Motion by McDermott to adjourn from the
Workshop at 6:35 p.m.
APPROVED
REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Mike Castle, Chaplain, Kern County Sheriff's Office..
2. P~ ;nGE OF .~' ' r:GIANCE
3. ROLL CALL
ACTION TAKEN
Present: Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles, Salvaggio
Absent: None
Student Body Presidents were introduced
from twelve (12) area high schools who will
serve as Mayor, City Council, City Manager,
City Attorney, Public Works Director and
Planning Director counterparts this evening.
The students are participating in the 40th
consecutive "Teen Government Day".
Bakersfield, California, November 2, 1994 - Page 3 I
ACTION TAKEN
Motion by McDermott to add Report Item
c. and New Business Item f. that arose
after the Agenda was posted and require
action tonight.
APPROVED
4. CLOSED SESSION ACTION
5e
PRESENTA~ONS
ae
Mayor Price presented a proclamation to
Dayna Nichols proclaiming November 13 -
19, 1994 as "Bakersfield Family Week".
PUBUC STATEMENTS
Rick Williams, President, Bakersfield
City Miscellaneous Employees Mutual
Benefit Association (BCMEMBA), intro-
duced Board Members, presented T-shirts
to Council and City Manager and addressed
the Kern River Parkway Project, Agenda
Item 8.c.2.
Gene Tackett spoke regarding Golden
Empire & Hall Ambulance Services and
requested a review of ambulance rates.
Correspondence was received from Harvey
L. Hall, President, Hall Ambulance
Service and Peter W. Brandon, President,
Golden Empire Ambulance, requesting the
rate review system and City ambulance
rates be referred to Budget & Finance
Committee.
Motion by McDermott to refer to Budget
& Finance Committee.
APPROVED
Ce
Lynn Reno spoke regarding the Bakers-
field Municipal Airport.
Linda Grinstead spoke in epposition to
the Rosedale Alignment. (Item 12.f.)
Camille Hill spoke regarding placing a
street light on a portion of Kincaid
Street that is under study for annexation.
Bakersfield, California, November 2, 1994 - Page 4
7. APPOINTMENTS
ACTION TAKEN
One (1) appointment to the Planning
Commission due to the resignation of
Steven Messner, term expiring April
17, 1995.
Correspondence was received in support
of Michael Saltz for Planning Commis-
sioner from:
Karyn M Clevenger, dated October 31,
1994; Rita Culp, dated October 28,
1994; Thomas J. Orr II, Coordinator of
Regional Programs, CSUB, dated November
1, 1994; and Jerry Samovitz, Samovitz
Trucking, dated October 31, 1994.
Mayor Price announced the appointment
is deferred to the meeting of November
16, 1994.
Three (3) appointments to the Board of
Zoning Adjustment due to the retirement
of Public Works Director Ed Schulz,
term expiring December 1, 1995; and
expiration of terms of Judy Skousen
and Bob Sherfy (Alternate), terms
expiring December 1, 1994.
Motion by Salvaggio to appoint Public
Works Director Raul Rojas, term expir-
ing December 1, 1995; and reappoint
City Attorney Judy Skousen and Bob
Sherry (Alternate), terms expiring
December 1, 1995.
McDermott submitted a petition in
support of the Public Statement by
Linda Grinstead, opposing the Rose-
dale Alignment.
One (1) appointment to the Historic
Preservation Commission due to the
resignation of Darlena Akers (Ward 2),
term expiring March 30, 1997.
DeMond deferred this appointment to
the meeting of December 14, 1994.
APPROVED
ABBRUNNI
Bakersfield, California, November 2, 1994 - Page 5
8. CONSENT CAIFNDAR
ACTION TAKEN
Voucher Nos. 2343 to 3120 inclusive,
in the amount of $2,441,497.47 and
Self Insurance Voucher Nos. 645 to
765 inclusive, in the amount of
$78,343.39.
Minutes of the Workshop, Closed
Session and Regular Meeting of
October 12, 1994.
Correspondence was received from:
Don Ambriz, representing Elm
Street residents, dated Septem-
ber 26, 1994, submitting a peti-
tion to create a cul-de-sac at
Elm and 24th Streets, south of
24th Street.
(Receive and refer to Public
Works Department)
Rick Williams, President, Bakers-
field City Miscellaneous Employees
Mutual Benefit Association
(BCMEMBA), requesting to provide
volunteer labor for Kern River
Parkway improvements.
(Receive and refer to Community
Services Committee)
eJ
Declare real property, located between
2101 and 2223 White Lane, as surplus.
(Ward 7)
Notices of Completion and acceptance of
work:
Contract No. 92-21 with Castle &
Cooke, Silver Creek Inc., for
Tract No. 4902, Unit F, located
on the southeast corner of Harris
Road and Wilderness Drive, com-
pleted October 14, 1994.
Contract No. 94-83 with Delfino
Brothers for Tract No. 5528,
Phase 2, located on the southeast
corner of Panama Lane and Akers
Road, completed October 20, 1994.
Bakersfield, California, November 2, 1994 - Page 6
8. CONS~CAIFNDA~ continued
ACTION TAKEN
so 3.
fe
Contract No. 94-116 with Griffith
Company for construction of the K
Street parking mall located between
18th and 19th Streets; and the K
Street parking lot located at 19th
Street between K and L Streets,
completed October 7, 1994.
Contract No. 90-181 with Oceanic
Communities, Inc. for improvements
along Old River Road, Howell Drive
and Camino Media, completed October
14, 1994.
e
St. Clair Development for Summer
Springs Drive, Phase A, completed
October 7, 1994.
Resolution opposing U.S. Environmental
Protection Agency proposed Federal
Implementation Plan (FIP).
Resolution delegating authority to the
Public Works Director or designee to
approve Plans and Specifications and
Notices of Completion and Acceptance
of Work Performed.
(Staff recommends referral to Legisla-
tive & Litigation Committee)
RES 169-94
Resolution amending Resolution No.
44-91 approving destruction of cer-
tain obsolete City records, documents,
instruments, books and papers pursuant
to Section 34090 et seq. of the Govern-
ment Code of the State of California.
(City Clerk's Office)
Storm Drain Agreement between City of
Bakersfield, County of Kern and Kern
Delta Water District for the Eastside
Canal. (Ward 2)
Agreement with Kern County Local Agency
Formation Commission (LAFCO) to indem-
nify LAFCO for Annexation No. 378,
Union No. 10, Proceeding No. 1161,
located south of California Avenue to
Belle Terrace, along Union Avenue.
(Ward 1)
RES 170-94
REMOVED FOR
SEPARATE
ODNSIDERATIO~I
AGR 94-211
Bakersfield, California, Novenber 2, 1994 - Page
8. CONSENT CA;;NDAR continued
ACTION TAKEN
me
Oe
qe
Agreement with Pircher, Nichols &
Meeks for legal services for Assess-
ment District No. 93-3 (California/Oak).
(Ward 5)
Accept bid to award Contract to General
Development & Construction ($369,888)
for construction of Fire Station No. 2
structural rehabilitation. (Ward 2)
Accept bid to award Contract to
Griffith Company ($133,275) for the
construction of Box Culvert Bridge on
Brown Street at Eastside Canal.(Ward 2)
Accept bid to award Contract to Granite
Construction Company ($321,828) for
resurfacing various streets in Park
Stockdale. (Ward 5)
Accept bid from Burbank Kawasaki
($40,910.78) for five "Police Special"
motorcycles (replacement).
Accept low bid from Hayes Welding, Inc.
($91,574.34) for one 3,000-gallon water
truck (replacement).
Time Warner Entertainment Company,
Advance Publications and Newhouse
Broadcasting Corporation Joint Venture.
Request for Proposal (RFP) and Agree-
ment for landscape maintenance services
within the Consolidated Maintenance
District.
(Staff recommends referral to Budget
& Finance Committee)
AGR 94-212
CON 94-213
CON 94-214
CON 94-215
REMOVED FOR
SEPARATE
CONSIDERATION
Appropriate $350,000 State Grant
Revenue to Parks Department Capital
Improvement Budget within the Gas Tax
Fund for irrigation and landscaping
improvements at State Routes 58/99/178
Rosedale Highway Interchange.
Motion by McDermott to adopt Items (a)
through (s) of the Consent Calendar, with
the exception of Items i. and r.
APPROVED
ABBRUNNI
Bakersfield, California, November 2, 1994 - Page 8
8. CONSENTCALENDAR continued
ACTION TAKEN
Storm Drain Agreement between City of
Bakersfield, County of Kern and Kern
Delta Water District for the Eastside
Canal. (Ward 2)
Rowles absent due to potential conflict
of interest.
Motion bySalvaggio to adopt Item i.
of the Consent Calendar.
AGR 94-216
APPROVED
ABS ROWLES
AB BRUNNI
Request for Proposal (RFP) and Agree-
ment for landscape maintenance services
within the Consolidated Maintenance
District.
(Staff recommends referral to Budget
& Finance Committee)
Edwards recognized Chuck Waide, Kern
County Public Employees Association,
Inc. SEIU representative, to speak.
Edwards requested the union represent-
ative be present during the Budget &
Finance Committee meeting.
Motion by McDermott to adopt Item r.
of the Consent Calendar.
APPROVED
AB BRUNNI
HEARINGS
Continued Hearing for Riverlakes Ranch/
Unibe11 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 October 12, 1994)
Correspondence was received from
Larry I. Smith, Division Manager,
Coleman Homes, dated October 12,
1994.
Motion by Rowles to defer this hearing
until later in the meeting, at the
request of Brunni.
APPROVED
NS MCDERMOTT
ABBRUNNI
Bakersfield, California, November 2, 1994 - Page 9
9. HEARINGS continued
ACTION TAKEN
be
Appeal by David and Frieda Drlski11 of
Board of Zoning Adjustment decision to
deny Conditional Use Permit No. 5593 to
allow a commercial automobile restora-
tion and painting operation within a
Limited Multiple Family Dwelling Zone
District on property located at 7320
Wible Road. (Ward 7)
Planning Director Hardisty provided
background information.
Hearing was opened at 7:45 p.m.
The following individuals spoke in
opposition to staff recommendation:
Deanna Araujo, Watson Realty, repre-
senting the appellants; Roy DeGere;
David Driskill; and Tony Raddatz,
Beneficial Finance representative.
Maurice Etchechurry, representing
Delfino Brothers, spoke in support
of staff recommendation.
Roy DeGere spoke in rebuttal.
Hearing was closed at 7:55 p.m.
Mayor Price announced a recess at
7:56 p.m. and reconvened the meeting
at 8:02 p.m.
Motion by Salvaggio to refer back to
staff and place on the agenda of Novem-
ber 16, 1994 for Council action.
APPROVED
Continued Hearing for Riverlakes Ranch/
Unibell Development Agreement No. 90-
174 Annual Report regarding the status
of the Partlal ~mendment cf Development
Agreement No. 86-54 (Rancho Laborde
Development Agreement). (Ward 4)
(Continued from October 12, 1994)
Correspondence was received from
Larry I. Smith, Division Manager,
Coleman Homes, dated October 12,
1994.
Bakersfield, California, November 2, 1994 - Page 10
9. HF3~INGS continued
ACTION TAKEN
Planning Director Hardisty and City
Attorney Skousen provided background
information.
Hearing was opened at 8:08 p.m.
David Milazzo, representing Riverlakes
Ranch Limited Partnership, spoke in
opposition to staff recommendation.
Hearing was closed at 8:25 p.m.
Carl Block, Bankruptcy Attorney,
retained by Riverlakes Ranch, spoke.
Motion by Brunni to retain a bankruptcy
attorney to provide legal advice to
Council regarding City's position in
the bankruptcy as it relates to the
Development Agreement; staff keep
Brunni apprised of the dates; and
place on the November 16, 1994 agenda
for Council action.
APPROVED
NS SALVAGGIO
Appeal by Porter-Robertson, represent-
ing Franco Properties, to Advisory
Agency (City Engineer) conditions of
approval for Parcel Map Waiver No.
23-94, located north of Noriega Road,
east and west of Verdugo Lane. (Ward 4)
Public Works Director Rojas provided
background information.
Hearing was opened at 8:51 p.m.
Robert Miller, Vice-President,
Franco Properties spoke in opposition
to staff recommendation.
Hearing was closed at 8:52 p.m.
Motion by Brunni adopt the Resolution
upholding the decision of the Advisory
Agency and conditions of approval, or
alternatively, require a parcel map.
RES 171-94
APPROVED
Bakersfield, California, November 2, 1994 - Page 11
9. HEARINGS continued
ACTION TAKEN
Public bearing for Assessment District
No. 94-2, located at Gosford Road and
White Lane (Resolution of Intention No.
1123). (Ward 4)
Mayor announced this is the first of
two hearings to be held on this issue,
with no action required tonight. A
protest hearing will be held December
14, 1994.
Hearing was opened at 8:53 p.m.
No one spoke.
Hearing was closed at 8:54 p.m.
Public hearing as required by Resolu-
tion of Intention No. 1125 to order
the vacation of 26th Street between H
and Eye Streets and the adjacent alley
in Block 115. (Ward 2)
Communication was been received in
opposition from Thomas D. Nelson, D.P.M.,
Inc., dated September 30, 1994; and Emil
John Schaub, New Business Manager, Cali-
fornia Water Service, dated October 24,
1994.
Brunni absent due to her employment.
Rowles absent due to property owner-
ship.
Hearing was opened at 8:55 p.m.
Tim Palmquist, Life Savers Ministry,
spoke in opposition to staff recom-
mendation.
Dennis Gardner spoke in support of
staff recommendation.
Tim Palmquist spoke in rebuttal.
Hearing was closed at 9:09 p.m.
Motion by DeMond to adopt Resolution
approving vacation of 26th Street and
vacation of the alley pending resolu-
tion of proper noticing r~quirements.
RES 172-94
APPROVED
NS SALVAGGIO
ABS BRUNNI
ROWLES
Bakersfield, California, November 2, 1994 - Page 12
9. H~INGS continued
ACTION TAKEN
fo
Protest hearing for Union No. 10 Annex-
ation located south of California Avenue
to Belle Terrace, along Union Avenue.
(#ard 1)
Correspondence was received in opposi-
tion from Glen Gallatin, Secretary-
Treasurer, Kern County Shrine Club,
dated November 1, 1994.
Hearing was opened at 9:18 p.m.
The following individuals spoke in
opposition to staff recommendation:
Eddie Carter, submitting written mat-
erial; Steve Rawley, Trio Petroleum;
Mike O'Meara; Ella McDaniel; Steve
Ladd; Mr. McDaniel; and Mr. Schreiber,
D&D Radiator.
Hearing was closed at 9:29 p.m.
Motion by Edwards to adopt Resolution
ordering annexation of the territory
to the City of Bakersfield.
RES 173-94
APPROVED
NS SMITH
Motion by McDermott to refer the
appropriation of funds for two addi-
tional police officers to Budget &
Finance Committee.
APPROVED
Mayor Price announced a recess at
10:15 p.m. and reconvened the meet-
ing at 10:25 p.m.
10.
Urban Development Committee Report No.
$-94 regarding the Tree Foundation -
Kern River Planting Project.
Motion by Rowles to accept Report and APPROVED
implement recommendations.
Bakersfield, California, November 2, 1994 - Page 13 ~i)~
10. R~PO~ continued
ACTION TAKEN
Personnel Committee Report No. 1-94
regarding 0rganizational Issues.
Rowles requested staff define, in
writing, each Comm~ttee's respon-
sibilities.
Motion by DeMond to accept Report and
implement recommendations with amend-
ment to the Report stating "return of
the items to the committee and for-
warded to Council for final action".
APPROVED
NS ROWLES
City Manager Report No. 10-94 regarding
Draft 1994 Regional Transportation Plan/
Congestion Management Plan/Environmental
Impact Report.
City Manager Tandy provided background
information and status.
DeMond requested she be informed of
where the (Cross Town Freeway) SR 178
and Baker Street and P Street Railroad
Grade Separations are located on the
information sheet provided; and if SR
178 is based upon the Southern Align-
ment.
McDermott requested the Regional Trans-
portation Plan include: South Belt Way,
Crosstown Freeway, widening of SR 178
from Oswell to Mesa Marin and funds
for Kern River Freeway construction.
Salvaggio recognized Ron Brummett,
Executive Director, KernCog, to speak.
City Manager Tandy was directed to
draft a letter to KernCog addressing
Council concerns for presentation at
the KernCog meeting of November 4th.
11. DEFERRED BUSINESS
Ordinance amending Subsection C. of
Section 3.20.060 of the Municipal Code
relating to bidding. (First Reading
October 12, 1994)
ORD 3616
Bakersfield, California, November 2, 1994 - Page 14
11. DEFERRED BUSINESS continued
ACTION TAKEN
Agreement with Kern Economic Develop-
ment Corporation (KEDC) for economic
development in Kern County.
Motion by McDermott to adopt Items
a. and b. of Deferred Business:
a. Adopt the Ordinance; and
b. Approve Agreement and transfer
$12,500 unapplied appropriation
from Council Contingency to Economic
and Community Development Department.
AGR 94-217
APPROVED
12. NEW BUSINESS
Ordinance amending Subsection C. of
Section 3.20.090 of the Bakersfield
Municipal Code relating to purchasing
(bids).
Resolution fixing the dates of Regular
meetings and Budget Hearings of the
Council for the months of January
through December 1995.
Motion by McDermott to defer to the
meeting of December 14, 1994 when the
new Council will be seated.
FR
RES 178-94
NAT
Amended motion by McDermott to adopt
Resolution approving the Council meet-
ing dates of January and February 1994
and defer remaining Council meeting
dates of March through December, 1995
to the meeting of December 14, 1994.
APPROVED
ABS BRUNNI
Resolution appropriating $392,000 from
General Fund to the Data Processing
Capital Improvement Budget in the Cap-
itel Outlay Fund; determining that the
software for the City's computerized
business systems can only be reasonably
obtained from one vendor, H.T.E., Inc.;
that the complimentary hardware and
operating system can only be reasonably
obtained from one vendor, IBM; and
authorizing the Finance Director to
dispense with bidding.
RES 174-94
Bakersfield, California, November 2, 1994 - Page 15
12. NEWBUSINESS continued
ACTION TAKEiN
Co
Agreement with H.T.E., Inc. for
computer software license and
services.
Ward Woodkee, H.T.E., Inc., was recog-
nized to speak.
Motion by McDermott to adopt Resolution,
approving Agreement.
AGR 94-218
APPROVED
NS BRUNNI
ROWLES
Resolution opposing the proposed form-
ation of County Service Area No. 83,
located south of Freeway 58, east of
Fairfax Road.
Resolution opposing the proposed form-
ation of County Service Area No. 85,
located south of Freeway 178, east of
Oswell Street, north of College Avenue.
Motion by McDermott to adopt Items:
d. Resolution; and
e. Resolution and direct staff to work
with residents to pursue options
for the provision of services by
the City.
RES 175-94
RES 176-94
APPROVED
ABBRUNNI
Draft Letter to CalTrans and Resolution
opposing Rosedale Highway Alignment of
the Route 58 Adoption Study.
Brunni submitted a petition and
requested it be forwarded with the
letter to CalTrans.
RES 177-94
Motion by McDermott to adopt Resolution.
APPROVED
13. COUNCIL STATEMENTS
Brunni requested staff to examine City's
In-Home Occupation Permits with regard to
providing piano lessons.
Brunni referred to staff correspondence
from Steve Shehorn regarding excessive
speeding in the alley along Alberni Way.
Bakersfield, California, November 2, 1994 - Page 16
13. COUNCIL STATEMENTS
ACTION TAKEN
Brunni requested staff examine the
possibility of obtaining the traffic
light hardware at the Airport Drive
exit that CalTrans has abandoned.
Brunni referred to City Attorney and City
Manager material regarding local control
issues, "Home Rule", to come back to
Council with an analysis and recommendations.
Brunni referred to City Attorney material
regarding Concealed Weapons Permits (CCW).
Smith referred to Budget & Finance Committee
the business license and appeals process with
regard to discrimination of small business
owners (Robert Scales).
smith referred to staff cleanup of debris
streets around Bakersfield High School.
Salvaggio referred to City Clerk corres-
pondence from Christine Klotz, resigning
from the citizens' Community Services
Advisory Committee.
DeMond suggested using the student groups
to clean the BHS area.
14. ADJOURNMENT
Motion by McDermott at 11:16 p.m.
ATTEST:
APPROVED
CA
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
NOV2.MIN
11/18/94 10:34a.