HomeMy WebLinkAbout04/20/1994 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 20, 1994
WORKSHOP- 5:15 P.M. - Council Chambers, city Hall
1501 Truxtun Avenue, Bakersfield
1. ROLE CALl_
ACTION TAKE~
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards (seated at
5:20), DeMond, Brunni (seated at
5:25), Rowles (seated at 5:22),
Salvaggio (seated at 5:21)
Smith
PARLIAMENTARY PROCEDURE.
Acting City Attorney Skousen presented
materials and information on Mason's Rules
of Order and Robert's Rules of Order.
McDermott directed City Attorney Skousen
to prepare the changes Council would need
to change their Rules of Order, as well as
the amendment if they choose to eliminate
the requirement for a "second", prepared
both ways.
Motion by McDermott to adjourn the Workshop
at 5:45 p.m.
APPROVED
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Chaplain Mike Castle, First Assembly of God Churci~
2. P~DGEOF~II~GIANCE by Joel Goings, Scout Troop 598.
Mayor Price thanked Scout Master Gary Welch, Troop 598,
attending the Council meeting tonight.
ROLE CALL
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles, Salvaggio
None
for
ACTION TAKEN
Bakersfield, California, April 20, 1994 - Page 2
4. CLOSED SESSION ACTION
ACTION TAKEiN
5. PRESENTATIONS
Mayor Price showed the brick given to
the City to display by the Cal State
Bakersfield NCAA, Division 2, Basketball
Champions brought from the Springfield,
Massachusetts College Gymnasium built
in 1881.
PUBUC STATEMENTS
Kate Rosenlieb spoke regarding the
Co-generation facility project.
Councilmember Salvaggio requested a
transcript of Ms. Rosenlieb's
statement.
The following individuals spoke
regarding the Drug Loitering Ordinance:
Carol Bracy, Director of Litigation,
Greater Bakersfield Legal Assistance;
Douglas McAfee; and Nancy Blanton,
Attorney.
Dennis Wesley, Manager, Granite
Construction, spoke regarding the
Annual Contract on asphalt concrete.
(Item 8.o.)
Jim Gardner, Director, Impact
Community Youth Center; and Fernando
Jara, spoke regarding request for
CDBG Funds for purchase of Strongbow
Stadium. (Item 11.b.)
Arthur Unger spoke regarding riparian
vegetation destruction along the Kern
River.
Jonathan Webster, Project Coordinator,
A. Philip Randolph Community Develop-
ment Corp., spoke regarding CDBG Funds.
(Item 11.b.)
(Public Statements continued on Pages 12, 13 & 15)
Bakersfield, California, April 20, 1994 - Page 3
7. APPOINTMENTS
ACTION TAKEN
One (1) appointment to the Central
District Development Agency due to
the resignation of William F. Morea,
term expiring April 22, 1996.
Mayor Price announced he will not be
making the appointment at this time.
CONSENTCALENDAR
Voucher Nos. 7938 to 8310 inclusive,
in the amount of $963,946.61.
Minutes of the Workshop, Closed
Session and Regular Meeting of April
6, 1994.
Communication has been received from
Gerald L. Towery, President, Towery
Plumbing, Heating & Air Conditioning,
dated April 4, 1994; and from Robert
F. Stuhr, Architect, dated August 19,
1993, both resigning from the Board
of Building Appeals.
(Receive and place on file)
Notices of Completion and acceptance
of work for:
Contract No. 93-29 with Kaufman
and Broad of Southern California,
Inc., for Tract No. 5729, land-
scaping, located on the west side
of Jewetta Avenue, north of Hage-
man Road, completed March 30, 1994.
Contract No. 90-241 with Brimhall
Partners for Tract No. 5245, Phase
I, landscaping, located on the
southwest corner of Brimhall Road
and Harvest Creek Road, completed
April 1, 1994.
Contract No. 91-235 with Castle &
Cooke Development Corporation for
Tract No. 5221, landscaping,
located on the northwest corner of
Grand Lakes and Chamber Boulevards,
completed April 1, 1994.
Bakersfield, California April 20, 1994 Page 4 27~
8. CONSENTCALENDAR continued
ACTION TAKEN
do 4.
fo
go
Contract No. 93-18 with Castle &
Cooke Development Corporation for
Tract No. 5244, landscaping,
located on the north side of Deer
Peak, east of Buena Vista Road,
completed April 1, 1994.
Contract No. 93-213 with S.A. Camp
Pump Company for drilling, casing
& pump testing, furnishing &
installing deepwell turbine pump
& motor, piping, electrical and
miscellaneous work at Ashe Water
Well No. 1, located on the north-
west corner of Clubview Drive and
Ashe Road, completed April 1, 1994.
Plans and Specifications for:
Traffic signal installation on
Buena Vista Road at Stockdale
Highway. (Ward 4)
Construction of storm drain line
in Akers Road between Thoreson
Avenue and Wilson Road. (Ward 6)
Contract Change Orders:
No. 1 to Contract No. 94-27 with
W.M. Lyles Company, in the amount
of $32,710.40, for Water Main
Extension for Mt. Vernon Recycling
Facility. (Ward 1)
No. 1 to Contract No. 93-213 with
S.A. Camp Pump Company, resulting
in a savings of $2,851.08, for
drilling, casing & pump testing,
furnishing & installing deepwell
turbine pump & motor, and miscell-
aneous work at Ashe Water Well No.
1. (Ward 5)
Resolution approving the Risk Manager
as the authorized representative of
the City to administer the Department
of Motor Vehicles Employer Testing
Program.
RES 49-94
AGR 94-55
Bakersfield, California, April 20, 1994 - Page 5
8. CONSENT CALENDAR continued
ACTION TAKEN
j o
Resolution of Application proposing
proceedings for annexation of territory
to City of Bakersfield identified as
Annexation No. 380, Calloway No. 6
Annexation, located south of Brimhall
Road, west of the existing Calloway
Drive alignment. (Ward 4)
Resolution of Application proposing
proceedings for annexation of territory
to City of Bakersfield identified as
Annexation No. 381, Kern Canyon Road
No. 1 Annexation, located south of
State Highway 178, east of Vineland
Road. (Ward 3)
Resolution of Application proposing
proceedings for annexation of territory
to City of Bakersfield identified as
Annexation No. 382, Hageman No. 2
Annexation, located west of Jewetta
Avenue, 600 feet south of Hageman Road.
(Ward 4)
Tract Map and Improvement Agreements
with Joaquin Valley Estates Corporation
for Tract 5596, Phase 1, located 855
feet north of Hageman Road, adjacent
to the east side of Verdugo Lane.
(Ward 4)
License Agreement with Arvin-Edison
Water Storage District for a domestic
water mainline crossing of the canal
at Harris and Ashe Roads. (Wards 4 &
6)
Agreement with Kern County Economic
Opportunity Corporation (KCEOC) for
the acquisition and rehabilitation of
single family housing for sale to low
income first time home buyers.
Amendment to Section 611 B. of the
Disposition and Development Agreement
with John Q. Hammons for the Bakers-
field Convention Center Hotel Project.
(Ward 2)
Accept bids to award Annual Contracts
to Industrial Asphalt ($195,750) and
Granite Construction ($57,100) for
Type B asphalt concrete to repair
streets. (Total: $252,850)
RES 50-94
REMOVED FOR
SEPARATE
CONSIDERATION
RES 51-94
AGR 94-56
AGR 94-57
AGR 94-58
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 94-59
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, April 20, 1994 - Page 6
8. CONSENFCAL~NDAR continued
ACTION TAKEN
Do
Accept bid to award Contract to
Griffith Co. ($491,984) for resur-
facing of various streets in the
City of Bakersfield, Phase I.
(Wards 1, 2, 3, 5, 6 & 7)
Transfer of $12,000 savings from a
completed capital improvement project
to install a sewer line and electrical
conduit at the Bakersfield Municipal
Airport. (Ward 1)
ro
Transfer of $38,000 from Council
Contingency to Personnel Department
Operating Budget in the General Fund
for increased costs of retiree health
insurance.
Motion by McDermott to adopt Items (a)
through (r) of the Consent Calendar, with
the exception of Items i., m., o. and r.
CON 94-60
REMOVED FOR
SEPARATE
CONSIDERATIC~
APPROVED
Resolution of Application proposing
proceedings for annexation of territory
to City of Bakersfield identified as
Annexation No. 381, Kern Canyon Road
No. 1 Annexation, located south of
State Highway 178, east of Vineland
Road. (Ward 3)
Brunni requested staff work with
the residents to the west of the
annexation to alleviate any concerns
they may have.
Motion by Brunni to adopt Item i. of
the Consent Calendar.
RES 52-94
APPROVED
Agreement with Kern County Economic
Opportunity Corporation (KCEOC) for
the acquisition and rehabilitation of
single family housing for sale to low
income first time home buyers.
Edwards recognized Mr. Valasquez,
KCEDC, to speak.
Motion by McDermott to adopt Item m.
of the Consent Calendar, to include
in the contract the words "This con-
tract shall be for single family
dwelling purchases only".
AGR 94-61
APPROVED
AB SMITH
275
Bakersfield, California, April 20, 1994 - Page 7
8. CONSENT CALENDAR continued
ACTION TAKEN
Accept bids to award Annual Contracts
to Industrial Asphalt ($195,750) and
Granite Construction ($57,100) for
Type B asphalt concrete to repair
streets. (Total: $252,850)
Motion by Salvaggio to refer Item o.
of the Consent Calendar to staff and
bring back at the meeting of May 4,
1994.
APPROVED
Brunni requested staff provide Council
with a report of all the disputed bids
that were dealt with over the last 24
months.
Transfer of $38,000 from Council
Contingency to Personnel Department
Operating Budget in the General Fund
for increased costs of retiree health
insurance.
Brunni abstained due to conflict of
interest regarding health insurance.
Motion by McDermott to adopt Item r.
of the Consent Calendar.
APPROVED
ABS BRUNNI
Motion by McDermott to move Council
Statements forward on the Agenda.
APPROVED
13. COUNCIL STATEMENTS
McDermott stated his opinion of the
inappropriateness of the Public Statement
by Kate Rosenlieb.
Brunni stated her disappointment regarding
the Public Statement by Kate Rosenlieb.
Smith commented on the Public Statement by
Kate Rosenlieb.
Mayor Price commented on the Public State-
ment by Kate Rosenlieb.
(Council Statements continued on Page 17)
Bakersfield, California, April 20, 1994 Page 8
HEARINGS
ACTION TAKEN
Appeal by James L. Nickel, Nickel
Enterprises, of Planning commission
4ecision relating to conditions of
approval regarding access to and along
the Kern River and conservation of
riparian habitat for Tentative Parcel
Map No. 9899. (Ward 3)
Correspondence has been received from
Carolyn Belli, President, Kern Eques-
trians for the Preservation of Trails
(KEPT), dated March 3, 1994, in support
of the Planning Commission decision.
Correspondence has been received from
James L. Nickel, Nickel Enterprises,
dated April 18, 1994, stating their
objections; and proposing an equestrian
and bicycle trails plan.
Hearing opened.
Ten (10) pieces of correspondence have
been received reflecting concerns about
public access and protecting the
environment along the Kern River.
Planning Director Hardisty provided
background information and entered
correspondence from State Department
of Fish & Game.
Hearing opened.
The following individuals spoke in
opposition to staff recommendation:
Jim Nickel, Nickel Enterprises; Fred
Porter, Porter-Robertson Engineering,
representing the applicant; George
Kates, Kates & Davis Attorneys at Law,
representing the applicant; and Randy
Berkowitz, Porter-Robertson Engineering.
The following individuals spoke in
support of staff recommendation:
Arthur Unger, Sierra Club; Rich O'Neil,
Kern River Parkway Committee also
provided written material; Carolyn
Belli, KEPT President; Tom Falgatter,
Kern River Public Access Committee.
Hearing closed.
RES 53-94
Bakersfield, California, April 20, 1994 - Page 9
9. HEARINGS continued
ACTION TAKEN
Motion by Smith to grant the appeal
of the Planning Commission decision
to required access along the Kern
River for Tentative Parcel Map No.
9899, amending Items 12. and 12.a.
and Exhibit D., Planning Commission
Condition of Approval, to read:
12. Public access easement prior to
recordation of the final map, the
subdivider shall dedicate to the
City public access restricted to
pedestrian along the Kern River
as follows:
a. In Area A., Exhibit B., said
easement shall be located in
the area south of the water of
the Kern River for a distance
to be determined by measuring
a minimum of 10 feet south of
the southern most edge of the
riparian area drip line.
18. The applicant will agree to provide
parking lot and access at the time
of the subdivision and the exact
location to be determined by the
Planning Director no later than at
the time of adoption of the Trails
Plan.
NAT
Salvaggio recognized Jim Nickel to
speak.
Tom Falgatter was recognized to speak.
George Kates was recognized to speak.
Mr. Falgatter agreed to the portion
of the agreement regarding the parking
lot.
Smith recognized Mr. Falgatter to
speak to clarify the motion on
Subdivision Parcels 4 and 5.
Mayor Price announced a recess at
9:05 p.m. and reconvened the meeting
at 9:20 p.m.
Bakersfield, California, April 20, 1994 - Page 10
9. HEARINGS continued
ACTION TAKEN
Amended motion by Smith to grant the
appeal of the Planning Commission
decision to required access along the
Kern River for Tentative Parcel Map No.
9899, amending Items 12. and 12.a.
and Exhibit D., Planning Commission
Condition of Approval, to read:
12.
Public access easement prior to
recordation of the final map, the
subdivider shall dedicate to the
City public access restricted to
pedestrian along the Kern River
as follows:
a. In Area A., Exhibit B., said
easement shall be located in
the area south of the water of
the Kern River for a distance
to be determinedby measuring
a minimum of 10 feet south of
the southern most edge of the
riparian area drip line.
18. The applicant will agree to provide
parking lot and access at the time
of the subdivision and the exact
location to be determined by the
Planning Director no later than at
the time of adoption of the Trails
Plan; and
Add a condition that there be an offer
of dedication of Class A 20-foot wide
horse trails and bike paths, as shown
on Mr. Nickel's exhibit, at the time
of additional subdivision, contingent
upon the adoption of a trails plan and
that if the trails plan required more
than was offered, or if the court
ordered more, that offer of dedication
would revert back and be rescinded; and
With approval subject to the language
being clarified and agreed to between
the City Attorney and the interested
parties.
APPROVED
Bakersfield, California, April 20, 1994 - Page 11
9. HEARINGS continued
ACTION TAKEN
so
Smith referred to Urban Development
Committee the development of a
Specific Trails Plan, urging staff
to work with the various interested
groups and property owners along with
the Urban Development Committee, work-
ing in conjunction with the appropriate
committee from the Planning Commission.
Hearing to consider a Resolution find-
ing that certain weeds, debris and
discarded articles on the properties
listed below constitutes a public
nuisance and directing the chief of
the Fire Department to abate such
nuisance.
Ward 1: 122 Clifton Street; 143
Clifton Street; 214 Clyde Street;
Vacant lot south of 226 Clyde Street;
Vacant lot south of 341 Clyde Street;
Northwest corner of Hayes/Wilkins;
North of 226 Northrup; North of 119
Northrup; 1105 East Third; North of
227 Northrup; North of 219 Northrup;
Vacant House East 3rd/So. Owens (NE);
Vacant land east of Dore Drive.
Ward 3: Vacant land south of Derby
Drive/east of Dyce Way.
Ward 4: 5700 Daggett.
Ward 7: Vacant lot south of Benton
Park Shopping Center; South of 4905
Penelope; 5001 & 5005 Centaur; Vacant
land south of Smoketree Mobile Home
Park; Railroad easement behind Teal
Street.
No one spoke at hearing. Hearing
closed.
Rowles announced that the property
at 5700 Daggett is now in Ward 5.
RES 54-94
Motion by Edwards to adopt Resolution APPROVED
confirming the Report of the Fire Chief.
Bakersfield, California, April 20, 1994 - Page 12
10. REPORTS
ACTION TAKEN
Budget and Finance Committee Report No.
8-94 regarding Health Care Consultant.
Agreement with Godwins, Booke and
Dickenson for health care consult-
ant services.
AGR 94-62
PUBUC STATEMENTS continued
Margaret Ursin, retiree and taxpayer,
spoke and offered her expertise in
health care.
10. REPORTS continued
Herbert V. Kaighan, Health Care Consult-
ant Project Manager, answered questions.
Motion by McDermott to accept Report
and implement recommendations with an
amendment to the Committee proposal/
contract.
NAT
Amended motion by McDermott to accept
Report and implement recommendations
with an amendment to the Contract
regarding the investigation of the
prescription drug utilization:
1) Allowing the consultant 16 hours of
Senior Vice-President time for
coordination; and
2) If there is any additional time to
solving the problems after that
coordination effort the rest of
those dollars, up to $10,500, could
be appropriated.
APPROVED
NS EDWARDS
SALVAGGIO
Budget and Finance committee Report No.
9-94 regarding Call Boxes on the Kern
River Bike Path.
Motion by McDermott to accept Report
and implement recommendations.
APPROVED
Police Chief Brummer recognized Officer
Greg Yaley for his efforts to establish
call boxes on the Bike Path.
Bakersfield, California, April 20, 1994 - Page 13
10. REPORTS continued
ACTION TAKEN
Motion byMcDermott to accept donations
in the amount of $22,250 to the Capital
Outlay Fund in the Police Department
Capital Improvement Budget.
APPROVED
Salvaggio thanked Officer Yaley and
his wife for their efforts.
Legislative and Litigation Committee
Report No. 1-94 regarding Loitering
Ordinances. (Drug-related and prosti-
tution)
6e
PUBUC STATEMENTS continued
The following individuals spoke
regarding enforcement of the
loitering ordinance:
Devon Johnson and Kenneth Johnson.
10. REPORTS continued
McDermott requested staff to report
back regarding the proposed drug-
related activities loitering ordinance
(Item 12.a):
1) How critical are D. & H.?
2) Items A. through H. under circum-
stances: Do we need to have both
the circumstances and location?
3) General concept: Could we extend
it to a 3rd area relating to
graffiti?
Motion by Smith to accept Report and APPROVED
implement recommendations.
Bakersfield, California, April 20, 1994 - Page 14
10. REPORTS continued
ACTION TAKEN
Park Maintenance Districts:
Urban Development Committee Report
No. 1-94 regarding Consolidation
of Existing Park and Landscape
Maintenance Districts.
33% General Fund Subsidy for Park
Maintenance Districts for Fiscal
Year 1994-95.
City Manager Tandy provided background
information.
Motion by Rowles to accept Report and
implement recommendations.
APPROVED
NS EDWARDS
DEMOND
SALVAGGIO
Motion by Rowles to approve the 33%
Park Subsidy in the amount of $197,734.
NAT
Amended motion by Rowles to approve the
33% Park Subsidy.
APPROVED
NS EDWARDS
DEMOND
Central Business District Advisory
committee Report and Recommendation
for Downtown Bakersfield Zoning and
Development.
Planning Director Hardisty provided
background information.
Motion by DeMond to accept Report
and refer to Planning Commission and
Central District Development Agency
for hearings and recommendations.
APPROVED
AB SMITH
Motion by Edwards to continue on APPROVED
with the Agenda items at 11:15 p.m. AB SMITH
Bakersfield, California, April 20, 1994 - Page 15
11 · DEFERRED BUSINESS
ACTION TAKEN
Amendment No. 3 to Fiscal Year 1992-93
and Amendment No. 5 to Fiscal Year
1991-92 Community Development Block
Grant (CDBG) Applications and
submission to the U.S. Department of
Housing and Urban Development (HUD).
Motion by Salvaggio to approve Amend-
ments to Applications and authorize
submission to HUD.
NAT
Mayor Price advised Council of the
need to vote on the motion to amend
the motion.
Mayor Price voted to break the tie.
Amendment to the motion by McDermott
to refer this item to the Budget &
Finance Committee.
Mayor Price voted to break the tie.
APPROVED
NS EDWARDS
DEMOND
SALVAGGIO
AB SMITH
MAYOR VOI~AYE
APPROVED
NS EDWARDS
DEMOND
SALVAGGIO
AB SMITH
MAYOR
Fiscal Year 1994-95 Community Develop-
ment Block Grant (CDBG) Application and
submission to the U.S. Department of
Housing and Urban Development (HUD).
Correspondence has been received from
Audrey Cochran, RN, Health Care
Planning & Education for the Elderly,
dated April 19, 1994, requesting
Community Development Block Grant
(CDBG) Funding for ElderLife Programs.
PUBUC STATEMENTS continued
Ned Gilfillan, Chairperson, ElderLife
Committee, spoke on senior citizen's
needs and what ElderLife provides.
Bakersfield, California, April 20, 1994 - Page 16
11. DEFERRED BUSINESS continued
ACTION TAKEN
Do
Economic Development Director Wager
provided background information.
Motion by McDermott to refer this
item to Budget & Finance Committee.
APPROVED
NS EDWARDS
DEMOND
SALVAGGIO
Motion by Edwards to a commitment by
Council in concept of supporting Elder-
Life financially when the funds are
available.
FAILED
NS MCDERMOTT
DEMOND
BRUNNI
ROWLES
12 · NEW BUSINESS
Ordinance adding Chapter 9.19 to the
Bakersfield Municipal Code relating to
loitering for purposes of drug-related
activities. (First Reading February 9,
1994 and referral to Legislative &
Litigation Committee March 23, 1994)
Communication has been received from La
Raza Lawyers Association, dated April 7,
1994, proposing suggestions regarding
the loitering ordinances.
A memorandum has been received from
Deputy City Attorney Allford and Police
Lieutenant Horton, dated april 14, 1994,
in response to communication received
from La Raza Lawyers Association, dated
April 7, 1994.
Do
Resolution providing for the adjustment
of property tax revenues upon local
agency jurisdictional change resulting
from Annexation No. 374, LAFCO Proceed-
ing No. 1156, Hageman No. i Annexation.
(Ward 4)
Co
Resolution providing for the adjustment
of property tax revenues upon local
agency jurisdictional change resulting
from Annexation No. 375, LAFCO Proceed-
ing No. 1157, Calloway No. 5 Annexation.
(Ward 4)
FR
RES 55-94
RES 56-94
Bakersfield, California, April 20, 1994 - Page 17
12. NEWBUSINESS continued
ACTION TAKEN
do
Resolution providing for the adjustment
of property tax revenues upon local
agency jurisdictional change resulting
from Annexation No. 379, LAFCO Proceed-
ing No. 1159, Brimhall No. 3 Annexation.
(Ward 4)
Motion by McDermott to adopt Items b.,
c. & d. of New Business.
RES 57-94
APPROVED
AB SMITH
Resolution appropriating $507,000 from
the Seized Property Trust Fund to the
Police Department capital Improvement
Budget in the General Fund; determining
that the software for a Records Manage-
ment System can be reasonably obtained
from only one vendor, Tiburon, Inc.;
that hardware for a Records Management
System can be reasonably obtained from
only one vendor, IBM, Inc.; and author-
izing the Finance Director to dispense
with bidding therefor.
Police Lieutenant Blackburn provided
background information.
Motion by McDermott to adopt Resolution.
RES 58-94
AGR 94-72
APPROVED
13 . COUNCIL STATEMENTS
Edwards referred to staff Legislative
Bulletin items:
1) Emergency Medical Services (EMS), AB 3156;
and
2) Concealed Weapons Permits, SB 1615.
McDermott distributed material and spoke
about the Mayor's Vision Committee Retreat
he attended.
28.
Bakersfield, California, April 20, 1994 - Page 18
14. ADJOURNMENT
ACTION TAKEN
Motion by McDermott at 12:10 a.m.
APPROVED
MAYOR "of the 'City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
nss/bz
APR20.MIN
5/24/94 2:29pm8