Loading...
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.