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HomeMy WebLinkAbout02/09/1994 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 9, 1994 WORKSHOP- 5:3o P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith, Brunni, Rowles, Salvaggio (seated at 5:45) Absent: None MOBILE DATA TERMINAL SYSTEM. Chief of Police Brummer presented inform- ation on the overall Records Management System and Mobile Data Terminals. Lieutenant Blackburn introduced Gary T. Bunyard, Tiburon, Inc., who presented an outline on the Records Management System proposal; and Alan Breitmeyer, Motorola, who provided information on the proposal for Mobile Data Terminals for police vehicles. Motion by McDermott to recess to Closed Session at 6:15 p.m. APPROVED CLOSED SESSION Conference with Legal Counsel (existing litigation) pursuant to Government Code Section 54956.9(a) in the case of Shirley Mitchell vs. City of Bakersfield, Kern County Superior court Case No. 224130AEW. CITY ATTORNEY AUTHORIZED TO REJECT OFFER Motion by DeMond to adjourn from Closed APPROVED Session 6:37 p.m. Bakersfield, California, February 9, 1994 - Page 2 REGULAR MEETING - 7:00 P.M. 1. 2. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield ~N~OCAI~ON by Bishop David Bailey, Highland Manor Ward, The Church of Jesus Christ of Latter-Day Saints. PLEDGE OF~II~GIANCE RO~ CAM Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Brunni, Rowles, Salvaggio None Smith, ACTION TAKEN CLOSED SESSION ACTON Mayor Price announced Closed Session action as reflected on Page 1. PRESENTATIONS PUBUC STATEMENTS The following individuals spoke in opposi- tion to the proposed loitering ordinances (Items 12. b. & c.): Willie Robinson, Jr.; Calvin Barthel, President, Local NAACP; Nancy Blanton, Attorney, who submitted written material; Deborah A. Vollmer, Attorney; Carol Bracy, Greater Bakersfield Legal Assistance Director; Motion by Edwards to allow four additional speakers. APPROVED The following individuals also spoke in opposition to the proposed loitering ordinances (Items 12. b. & c.): Douglas McAfee, National Organization for Reform of Marijuana Laws (NORML) Director; Stefan Lambert; Devon Johnson, OG Peace Coalition. Art Powell, proposed postponing action on the ordinances for 30 days, allowing himself and others the opportunity to suggest workable modifications to the ordinances. Motion by Edwards to move New Business Items 12. b. & c. forward following action on Consent Calendar. APPROVED Bakersfield, California, February 9, 1994 - Page 3 7. APPOINTMENTS ACTION TAKEN Two (2) appointments to the Community Advisory Council, due to the expira- tion of terms of Fred Rodriguez and Tony Manzano, terms expired December 31, 1993. Motion by Edwards to table these appointments until interested appli- cants are found. APPROVED CONSENTCALENDAR Voucher Nos. 5518 to 6013 inclusive, in the amount of $845,207.16; and Self Insurance Voucher Nos. 1409 to 1557 inclusive, in the amount of $111,444.70. Minutes of the Workshop, Closed Session and Regular Meeting of January 26, 1994. c. Communication has been received from: 1. Leroy Kollenborn, dated December 2, 1993, submitting his resignation from the Fire Department Civil Service Board. (Receive and place on file) REMOVED FOR SEPARATE CONSIDERATIC~ Jean van Loben Sels, dated January 20, 1994, submitting her resigna- tion to the Historic Preservation Commission. (Receive and place on file) Marilyn Stewart, date January 21, 1994, requesting street lights at three downtown locations. (Receive and refer to Public Works) Bakersfield, California, February 9, 1994 - Page 4 8. CONSENTCALENDAR continued ACTION TAKEN Notices of Completion and acceptance of work: Contract No. 93-2 with Castle & Cooke Silver Creek, Inc. for Tract 4902, Unit A, landscaping, located northwest of Reliance Drive and Wilderness Drive, completed January 18, 1994. Contract No. 93-4 with Castle & Cooke Silver Creek, Inc. for Tract 4902, Unit C, landscaping, located northwest of Reliance Drive and Wilderness Drive, completed January 18, 1994. Contract No. 93-6 with Castle & Cooke Silver Creek, Inc. for Tract 4902, Unit E, landscaping, located northwest of Reliance Drive and Wilderness Drive, completed January 18, 1994. 4 o Contract No. 93-160 with U.S. Home Corporation for Tract 5477, Unit 2, located northeast of Hageman Road and Riverlakes Drive, completed January 21, 1994. Contract No. 93-229 with Castle & Cooke Homes, Inc. for Tract 5649, located east of Spring Creek Loop, north of Harris Road, completed January 27, 1994. Contract No. 93-161 with Delfino Brothers for Tract 5528, Phase I, located on the southeast corner of Panama Lane and Akers Road, com- pleted January 28, 1994. Plans and Specifications for construction of resurfacing various streets in the City of Bakersfield, Phase I. (Wards 1, 2, 3, 5, 6 & 7) Agreement with County of Kern to renew city participation in Work Release Program. DELETED AGR 94-25 Bakersfield, California, February 9, 1994 - Page 5 8. CONSENT CA~NDAR continued ACTION TAKEN Agreement with County of Kern for National Pollutant Discharge Elimina- tion System (NPDES), Part 2. Agreement between city of Bakersfield, County of Kern and Kern Economic Development Corporation (KEDC) to share the responsibilities and/or costs of the Job Training/Marketing/ Management efforts in the Southeast Metropolitan Bakersfield Incentive Area. (Wards ! & 2) Assignment of Sublease to J&C Equinox XX, L.P. at the former Wastewater Treatment Plant No. 1 for operation of a radio transmission facility. (Brandon-Robison Broadcasting; Elgee) (Ward 1) Sale of City-owned surplus equipment (reviewing stand and barbecue trailer). Accept bid from Silver Bullet Enter- prises, Inc. ($27,478.65) for two replacement power rescue tools for Fire Department. Accept bid from Motor City Sales & Service ($26,008.42) for replacement two-wheel drive Suburban for use by the Fire Department for a mobile command center. Accept bid from Jim Burke Ford ($265,879.19) for 20 replacement vehicles. (Police 10; Water 3; Parks 4; Construction Engineering 3) Accept bid to award Contract to W.M. Lyles Company ($88,673) for Water Main Extension for Mt. Vernon Recyc- ling Facility for Water & Sanitation Department. Accept bid to award Annual Contract to Pavement Recycling Systems ($28,000) for cold planing. Motion by DeMond to adopt Items (a) through (o) of the Consent Calendar, with the exception of Items a., d.5., g., j. and 1. REMOVED FOR SEPARATE CONSIDERATION AGR 94-26 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATIO~ CON 94-27 CON 94-28 APPROVED Bakersfield, California, February 9, 1994 - Page 6 CONSENTCALENDAR continued ACTION TAKEN Voucher Nos. 5518 to 6013 inclusive, in the amount of $845,207.16; and Self Insurance Voucher Nos. 1409 to 1557 inclusive, in the amount of $111,444.70. Rowles absent due to conflict of interest. Motion by Brunni to adopt Item a. of the Consent Calendar. APPROVED ABROWLES Agreement with County of Kern for National Pollutant Discharge Elimina- tion System (NPDES), Part 2. Motion by Brunni to adopt Item g. of the Consent Calendar. AGR 94-29 APPROVED Sale of City-owned surplus equipment (reviewing stand and barbecue trailer Motion by Rowles to defer Item j. of the Consent Calendar for two weeks to bring back an agreement with DBA. APPROVED NS SALVAGGIO Accept bid from Motor City Sales & Service ($26,008.42) for replacement two-wheel drive Suburban for use by the Fire Department for a mobile command center. Motion by Brunni to adopt Item 1. of the Consent Calendar. APPROVED 12. NEWBUSINESS Ordinance adding Chapter 9.13 of the Bakersfield Municipal Code relating to loitering for the purpose of engaging in a prostitution offense. c. Loitering for Drug-Related Activities: Ordinance adding Chapter 9.19 of the Bakersfield Municipal Code relating to loitering for purposes of drug-related activities. FR FR Bakersfield, California, February 9, 1994 - Page 7 12. NEW BUSINESS continued ACTION TAKEN Resolution adopting the Police Department Training Outline for drug loitering Ordinance. Acting city Attorney Skousen presented background information and provided clarification of public concerns. Lieutenant Horton, Vice/Narcotics, provided background information. Edwards announced a meeting being held February 15, 1994, 7:00 p.m., at the Bakersfield Senior Center, 530 4th Street, regarding these ordinances. Brunni requested staff address the issue of why Section 9.13.030 is in the prostitution loitering Ordinance, which states, "no arrests shall be made for violation of this section unless the arresting officer first affords such person an opportunity to explain such conduct", but not present in the drug loitering Ordinance. (New Business continued on Page 13) HEARINGS Cornerstone Engineering, Inc., repre- senting Gargano & Associates, requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element from LR to GC on 12.1 net acres, located at the southwest corner of Panama Lane and Wible Road. (GPA 3-93, Segment VI) (Ward 6) Bakersfield, California, February 9, 1994 - Page 8 9. HEARINGS continued ACTION TAKEN Resolution denying the amendment to Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-26, changing the zoning from R-1 to C-2 on 12.1 net acres, located at the southwest corner of Panama Lane and Wible Road. (GPA 3-93, ZC 5494) (Ward 6) Communication has been received from Ralph B. Wegis of Klein, Wegis, DeNatale, Hall, Goldner & Muir, representing Panama Center, dated February 8, 1994, in opposition to the appeal. Planning Director Hardisty provided back- ground information and stated the GPA Cycle should be corrected to read "4-93" in place of 3-93. Hearing opened. The following individuals spoke in oppos- ition to staff recommendation: Michael Callagy, Cornerstone Engineering, distributed material; George Martin, property owner, submitted written material; Roy Gargano, Gargano & Associates; and Roy DeGere, developer. The following individuals spoke in support of staff recommendation: Ralph Wegis, representing Panama Partners; Penny Fulton, Kern Schools Federal Credit Union; and Don Benedict, developer. The following individuals spoke (in opposition): George Martin, property owner. in rebuttal The following individuals spoke (in support): Ralph Wegis; and Charles Murray, Partners investor. in rebuttal Panama Hearing closed. Bakersfield, California, February 9, 1994 - Page 9 9. HEARINGS continued ACTION TAKEN 1) 2) Motion by McDermott to overrule the Planning Commission decision and approve the General Plan Land Use Element, sub- ject to: Downzoning on the midblock development; and Receiving the signed stipulation from Gargano & Associates to not begin construction until June 1, 1996, to be binding and recorded against the property. APPROVED NS EDWARDS DEMOND SALVAGGIO Mayor Price announced a five-minute recess. Motion by McDermott to overrule the Planning Commission decision and approve the zone change, subject to: 1) Downzoning on the midblock development; and 2) Receiving the signed stipulation from Gargano & Associates to not begin construction until June 1, 1996, to be binding and recorded against the property. APPROVED NS EDWARDS DEMOND SALVAGGIO Porter-Robertson Engineering, Inc., requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element from OC to GC on 15.5 acres, located at the northeast corner of California Avenue and stockdale Highway. (GPA 4-93, Segment II) (Ward 5) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zon- ing Map No. 102-34 by changing the zoning from C-O and c-2 to PCD on 17.2 acres, located at the north- east corner of California Avenue and Stockdale Highway. (GPA 4-93, ZC 5516) (Ward 5) Communication/bound material has been received from David Y. Milazzo, Architect, Milazzo & Associates, dated February 7, 1994, providing additional information to the proposed General Plan Amendment and Zone Change (Smith's Center). RES 20-94 FR Bakersfield, California, February 9, 1994 - Page 10 9. HEARINGS continued ACTION TAKEN b. Planning Director Hardisty provided background information. Hearing opened. The following individuals spoke in opposition to staff recommendation: John Lovelace; Jeff Lewis; Cynthia Icardo; and Angelo Haddad, who submitted written material. The following individuals spoke in support of staff recommendation: Fred Porter, Porter-Robertson Engineering and Surveying, representing the applicants; The following individuals spoke in rebuttal (in opposition): Takvor Takvorian, property owner; and Angelo Haddad. The following individuals spoke (in support): Larry Morgan; and David Milazzo, Associates. in rebuttal Milazzo & Hearing closed. Motion by Rowles to adopt Resolution and give First Reading to Ordinance, subject to additional conditions: 1; Planning Department Condition 1.: Strike the condition wording "No permit for site construction will be issued without a letter from the Golden Empire Transit District stating the approval of sites and configuration of same" and replace it, in effect, with "Golden Empire Transit District will be given 30 days to respond prior to site plan review and no comments after 30 days will be held." 2) Allow access to Smith's Center property from the Village Lane Intersection. 3~ Six months after the Smith's building is up and going, approximately March 1995, existing OxyBuilding be demolished by that time and the rest of the improve- ments to the site be completed. APPROVED Bakersfield, California, February 9, 1994 Page 11 ~ 9. HF. ARINGS continued ACTION TAKEiN City of Bakersfield requests to amend the Metropolitan Bakersfield 2010 Gen- eral Plan Land Use Element from SI to LI on 5 acres, located south of Wilson Road, 1/4 mile west of Union Avenue. (GPA 4-93, Segment III) (Ward 1) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map NO. 124-07 by changing the Casa Loma Specific Plan desig- nation from 7.2 (SI) to 7.1 (LI) on 5 acres, located south of Wilson Road, 1/4 mile west of Union Avenue. (GPA 4-93, ZC 5524) (Ward 1) No one spoke at hearing. Hearing closed. Motion by Edwards to adopt Resolution and give First Reading to Ordinance. RES 21-94 FR APPROVED Martin-Mcintosh representing Castle and Cooke, requests to amend the Metropoli- tan Bakersfield 2010 General Plan Land Use Element from HR to GC on 25 net acres, located along the northeast corner of Panama Lane and Ashe Road. (GPA 4-93, Segment IV) (Ward 6) Ordinance amending Title 17 of the Bakersfield Municipal code and Zon- ing Map No. 123-22 by changing the zoning from R-3 to C-2 on 25 gross acres, located along the northeast corner of Panama Lane and Ashe Road. (GPA 4-93, ZC 5517) (Ward 6) Rowles absent due to conflict of interest. Planning Director Hardisty provided back- ground information. Hearing opened. Roger Mcintosh, Martin-Mcintosh, represent- ing Castle & Cooke Development Corporation, spoke in support of staff recommendation. Motion by McDermott to adopt Resolution and give First Reading to Ordinance, with the downsizing of net acres from 25 to 18 and stipulation that the commercial fees for the maintenance district be paid by the owner. RES 22-94 FR APPROVED AB EDWARDS ROWLES Bakersfield, California, February 9, 1994 - Page 12 9. HEARINGS continued ACTION TAKEN City of Bakersfield requests to amend the Metropolitan Bakersfield 2010 Land Use Maps on several locations to form- ally acknowledge ten Land Use Amendments made by Kern County from March 9, 1992 to August 30, 1993. (GPA 4-93, Segment V) Planning Director Hardisty provided back- ground information. No one spoke at hearing. Hearing closed. Motion by McDermott to adopt Resolution. RES 23-94 APPROVED AB EDWARDS SALVAGGIO 10. REPORTS 11. DEFERRED BUSINESS Ordinance amending Subsection D. of Section 2.04.150 of the Bakersfield Municipal Code relating to Council meetings (ordinances). (First Reading January 26, 1994) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-08 by changing the zoning of 4.60 acres from R-1 to C-1 on 2.56 acres, c-1 to R-1 on 1.85 acres and C-1 to OS on 0.19 acres, to facilitate the reconfiguration of zoning district boundaries within the Riverlakes Ranch/ Unibe11 Specific Plan area, generally located at the northwest corner of Coffee Road and Olive Drive. (Ward 4) (First Reading January 26, 1994) Motion by Brunni to adopt Ordinances a. and b. of Deferred Business. ORD 3577 ORD 3578 APPROVED AB EDWARDS SALVAGGIO Bakersfield, California, February 9, 1994 - Page 13 12. NEW BUSINESS ACTION TAKEN Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 104-19, 104-20, 104-21 and 104-29 by prezoning property southeast of Freeway 178 and Kern Canyon Road. (Kern Canyon Road No. i Annexation) (Ward 3) FR 13. COUNCIL STATEMENTS McDermott referred to staff correspondence from the Volunteer Center offering their services in graffiti programs. McDermott referred to staff correspondence from the YMCA offering their services in community service programs and requested meeting with the citizens Parks and Recreation Committee. McDermott referred to Budget Analyst Dunwoody reviewing of lower gas prices and a statement from Southern California Gas Company. Brunni requested staff draft a thank you letter in response to the letter regarding the railroad crossing issues. Brunni requested staff check with other cities, SPCA and the Cat People on the licensing of cats. Brunni requested staff give a written explan- ation regarding Planning Commission and City Council resolutions that were adopted in 1983 and how they compare, and/or do not compare, to the traffic impact fee ordinance passed by City Council. DeMond requested staff try to resolve the issue of holes in the railroad fencing on California Avenue with the party responsible. Bakersfield, California, February 9, 1994 - Page 14 14. ADJOURNMENT ACTION TAKEN Motion by DeMond at 12:00 Midnight. APPROVED AB EDWARDS SALVAGGIO MAYf~ o~ t~ City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA FEB9.MIN 2/28/94 1:05pa