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