HomeMy WebLinkAbout07/28/1993 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 28, 1993
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott, DeMond, Smith
(seated at 5:47), Brunni (seated
at 5:27), Rowles, Salvaggio
Councilmember Edwards
2 o
METROPOLITAN BAKERSFIELD HABITAT CONSERVATION
PLAN.
Correspondence was received from Arthur
Unger, dated July 22, 1993, in support.
Planning Director Hardisty provided back-
ground information on the Metropolitan
Bakersfield Habitat Conservation Plan and
the Endangered Species Act and introduced
Principal Planner Movius, who outlined
provisions of the Plan; and Ted James, Kern
County Planning Director, who spoke about
administering the Plan.
McDermott encouraged City and County staff
to look at the fee and the possibility
of amendments.
Motion by McDermott to recess to Closed
Session at 5:50 p.m.
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(c) regarding potential
litigation.
C/TY A~TORN~¥
LUNARDINI WAS
INSTRUCTED TO
REJECT OFFER
2 o
closed Session pursuant to Government Code
Section 54957 regarding a personnel matter
and Government Code Section 54956(b) (1)
regarding potential litigation.
NAT
Bakersfield, California, July 28, 1993 - Page 2
REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Reverend William Marlow, First Assembly of God
Church.
2. PLEDGE OF .~ ~ ;=GLANCE
3. ROLL CALL
ACTION TAKE]~
Present:
Absent:
Mayor Price, Councilmembers
McDermott, DeMond, Smith, Brunni
Rowles, Salvaggio
Councilmember Edwards
CLOSED SESSION ACTION
Mayor Price announced Closed Session
action as reflected on Page 1.
PRESENTATIONS
Mayor Price presented a clock/plaque
to retiring Reserve Police Officer Kay
Wahl for 40 years of volunteer service.
McDermott announced that the City of Bakers-
field population is now over 200,000.
PUBUC STATEMENTS
The following individuals spoke regarding
combining efforts with the County to form
an Anti-Gang Task Force:
Calvin Barthel, NAACP; and Wesley Craw-
ford, Bakersfield Anti-Drug, Anti-
Violence Network.
Motion by McDermott to refer this issue
to staff to seek the proper City
involvement and continue to address these
problems.
APPROVED
AB EDWARDS
Salvaggio requested staff ensure Mr.
Barthel and Mr. Crawford become
acquainted with any group/committee
we have on this issue.
DeMond requested staff inform Council
of any meetings that may take place on
the anti-violence issue.
18
Bakersfield, California, July 28, 1993 - Page 3
6. PUBUC STATEMENTS continued
ACTION TAKE~N
Maria Bernstson, also representing Steve
Messner and Tracey Corrington, spoke
regarding the Rotary International Group
Study Exchange Program in Germany and
Austria.
7. APPOINTMENTS
CONSENTCALENDAR
Approval of Voucher Nos. 11189 to 11593
inclusive, in the amount of $1,849,729.09;
Voucher Nos. 1 to 14 inclusive, in the
amount of $12,035.92; Self Insurance
Voucher Nos. 2946 to 3215 inclusive, in
the amount of $157,618.07; and Self
Insurance Voucher Nos. 1 to 4 inclusive,
in the amount of $329,144.60.
Minutes of the Workshop, Closed Session
and Regular Meeting of July 7, 1993.
Correspondence from Thomas S. Brachko,
dated July 16, 1993, requesting Council
adopt a Resolution advocating English
as an Official Language and supporting
Federal Legislation.
(Receive and refer to Legislative and
Litigation Committee)
Notices of Completion and acceptance of
work:
Contract No. 92-251 with Hillcrest
Sheet Metal, Inc. for air
conditioning modification at
Bakersfield City Hall, completed
July 9, 1993.
Contract No. 92-219 with John Black
Electric for traffic signal install-
ation on Ming Avenue at Old River
Road, completed June 28, 1993.
Bakersfield, California, July 28, 1993 - Page 4
8. CONSENT CALENDAR continued
ACTION TAKEiN
do 3.
10.
Contract No. 93-74 with Gaskill &
Company for construction of entrance
road, parking lot and sewer install-
ation at the Kern River Parkway Group
Picnic Area, completed July 8, 1993.
Contract No. 93-76 with W.M. Lyles
Co. for installation of conduit
between Bakersfield City Hall and
the Development Services Building,
completed June 25, 1993.
Contract No. 93-46 with Findley
Construction for Martin Luther
King Community Center addition,
completed July 14, 1993.
Contract No. 92-227 with DeWalt
Corporation for Tract No. 5416,
Phase 4, located on the northeast
corner of Jewetta Avenue and
Noriega Road, completed July 15,
1993.
Contract No. 92-140 with East
Hills Real Estate Corporation for
Tract No. 5341, located on the
southeast corner of La Costa
Street and University Avenue,
completed June 30, 1993.
Contract No. 93-37 with Coral Keys
for Tract No. 4957, Phase 2,
located on the southeast corner of
Ashe Road and Harris Road,
completed July 14, 1993.
Contract No. 93-21 with The DeWalt
Group, Inc. for Tract No. 5728,
Phase 1, located on the northwest
corner of Hageman Road and Jewetta
Avenue, completed July 8, 1993.
Contract No. 93-21 with The DeWalt
Group, Inc. for Tract No. 5566,
Phase 1, located on the northwest
corner of Hageman Road and Jewetta
Avenue, completed July 8, 1993.
REMOVED FOR
SEPARATE
CONSIDERATI~;
Bakersfield, California, July 28, 1993 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
d. 11.
ee
Contract No. 93-21 with The DeWalt
Group, Inc. for Tract No. 5565,
Phase 1, located on the northwest
corner of Hageman Road and Jewetta
Avenue, completed July 8, 1993.
12.
Contract No. 93-1 with Castle &
Cooke Silver Creek, Inc. for Tract
No. 4902, Unit A, located on the
northwest corner of Wilderness
Drive and Reliance Drive,
completed July 8, 1993.
13.
Contract No. 93-3 with Castle &
Cooke Silver Creek, Inc. for Tract
No. 4902, Unit C, located on the
northwest corner of Wilderness
Drive and Reliance Drive,
completed July 8, 1993.
14.
Contract No. 93-5 with Castle &
Cooke Silver Creek, Inc. for Tract
No. 4902, Unit E, located on the
northwest corner of Wilderness
Drive and Reliance Drive,
completed July 8, 1993.
15.
Contract No. 93-137 with Summer-
hill Farms for Tract No. 5310,
Unit 2, Parcel Map Waiver No.
30-89, located adjacent to Fair-
view Road, east of Monitor Street,
completed July 15, 1993.
16.
Contract No. 93-142 with Marion C.
Barnard & Cleo P. Barnard and
Lawton Powers & Aloma Powers for
Parcel Map No. 9723, located at
the southeast corner of California
Avenue and Oak Street, completed
June 11, 1993.
Plans and Specifications for:
me
Traffic signal and lighting
system installation on Niles
Street and Virginia Street.
(Ward 2)
2 ·
Construction of storm drain on
F Street from 20th Street to
21st Street. (Ward 2)
Bakersfield, California, July 28, 1993 - Page 6
8. CONSENTCALENDAR continued
ACTION TAKEiN
so 3.
Construction of storm drain on
Stockdale Highway from Montclair
Street to 300 feet east, and
Kroll Way from Montalvo Drive to
Jamaica Way. (Ward 5)
California Avenue median
reconstruction between Stockdale
Highway & Mohawk Street. (Ward 5)
Retaining wall and guardrail
construction at Manor Drive.
(Ward 2)
Resurfacing various streets in
Bakersfield. (Wards 1, 3, 5 & 6)
Contract Change Order No. 1 to Contract
No. 93-93 with Kern County Construction
Inc. for construction of Ashe Water
Well No. 27. (Ward 4)
Resolution amending Resolution No.
44-93 setting salaries and related
benefits. (Temporary Unit - Hearing
Officer)
Resolution amending Resolution No.
90-92 setting salaries and related
benefits for officers and employees
of the General Supervisory, Police
Supervisory and Management Units.
(Assistant Superintendent)
Resolution amending Resolution Nos.
57-92 and 90-92 setting salaries and
related benefits for employees of the
Blue and White Collar Units and the
General Supervisory Unit. (Supervisor
I [Parks], Supervisor I [Trees],
Development Assistant [ED/CD], Planning
Technician [ED/CD], Data Entry Clerk
[GS], Accounting Clerk II [Sanitation],
Hazardous Materials Specialist, Human
Resources Analyst [2] to Human Resources
Supervisor, Human Resources Technician
to Human Resources Analyst I)
(Refer to Personnel Committee)
RES 125-93
RES 126-93
Bakersfield, California, July 28, 1993
Page 7
8. CONSENT CALENDAR continued
ACTION TAKEiN
Tract Maps and Improvement Agreements:
Summerhill Farms for Tract No.
5310, Unit 2, Parcel Map Waiver
No. 30-89, adjacent to Fairview
Road, east of Monitor Street.
(Ward 7)
2 o
Ray Franco Properties, Inc. for
Tract No. 5418, Unit 1, located on
the east side of Calloway Drive and
north of Noriega Road. (Ward 4)
The DeWalt Group Inc. for Tract No.
5675, Phase 1, located at the
southwest corner of Main Plaza
Drive and Meacham Road. (Ward 4)
Marion C. Barnard & Cleo P. Barnard
and Lawton Powers & Aloma Powers
for Parcel Map No. 9723, located
at the southeast corner of
California Avenue and Oak Street.
(Ward 2)
Agreement with Kern County Local Agency
Formation Commission (LAFCO) to indem-
nify LAFCO for Bakersfield Annexation
No. 372, Renfro No. 3, Proceeding No.
1133, located south of Stockdale
Highway, west of Renfro Road. (Ward 4)
Lease Agreement with John Hosack for
construction of an aircraft storage
hangar at the Bakersfield Municipal
Airport. (Ward 1)
Lease Agreement with Sherry Matteucci,
dba S & S Flight Center, for office/
hangar/tiedown space at the Bakersfield
Municipal Airport. (Ward 1)
Agreement with Michael C. and Roseanne
D. Mollere to purchase surplus real
property located adjacent to 3616
Rancho Sierra. (Ward 3)
Grant Agreement with U.S. Department
of Housing and Urban Development (HUD)
for FY 1993-94 Community Development
Block Grant (CDBG) Funds.
AGR 93-137
AGR 93-138
AGR 93-139
AGR 93-140
AGR 93-141
AGR 93-142
AGR 93-143
AGR 93-144
AGR 93-145
REMOVED FOR
SEPARATE
OONSIDERATION
AGR 93-146
Bakersfield, California, July 28, 1993 - Page 8
8. CONSENT CA! FNDAR continued
ACTION TAKEiN
Accept bid from Halprin Supply Company
($35,473.88) for turnout coats and
pants for the Fire Department.
Motion by DeMond to adopt Items (a) through
(p) of the Consent Calendar with the
exception of Items d.4. and n.
APPROVED
AB EDWARDS
Notice of Completion and acceptance of
work:
Contract No. 93-76 with W.M. Lyles
Co. for installation of conduit
between Bakersfield city Hall and
the Development Services Building,
completed June 25, 1993.
Motion by McDermott to adopt Item d.4.
of the Consent Calendar.
APPROVED
NS BRUNNI
AB EDWARDS
no
Agreement with Michael C. and Roseanne
D. Mollere to purchase surplus real
property located adjacent to 3616
Rancho Sierra. (Ward 3)
Motion by Smith to adopt Item n. of the
Consent Calendar.
AGR 93-147
DEED 3736
APPROVED
AB EDWARDS
Motion by Brunni to move New Business Item
12.e. forward on the Agenda.
A~PROVED
AB EDWARDS
Notice of Completion and acceptance of
work and Deed from Castle & Cooke
Development Corporation for Silver
Creek Park. (Ward 4)
Parks Superintendent Fabbri presented
background information.
Jim Meadows, Castle & Cooke Develop-
ment Corporation Senior Vice-President,
expressed his pleasure with this project
for the City and invited Mayor and
Council to the formal dedication cere-
mony Thursday, July 29, 1993.
DEED 3737
Bakersfield, California, July 28, 1993 - Page 9
12. NEW BUSINESS
ACTION TAKEN
Motion by Brunni to approve Notice of
Completion and Deed conveying title to
the City of Bakersfield.
APPROVED
ABEDWARDS
(New Business continued on Page 14)
HEARINGS
Appeal by Community Construction Inc.
of Planning Commission condition of
approval which requires reservation
for additional park-site land to be
purchased by the City of Bakersfield
for Tentative Tract Nos. 5666 and 5667.
(Ward 4)
Planning Director Hardisty presented
background information.
Hearing opened.
Jack Balfanz, Community Construction,
spoke in opposition to staff recommend-
ation regarding timing for acquisition
of the two and one-half acres.
Hearing closed.
Brunni requested staff to report the
estimated cost for a basic neighbor-
hood park of 7-1/2 acres; how much
has been collected to date; and will
there be enough to ensure a 7-1/2
acre park development in this location.
Motion by Brunni to adopt Subdivision
Resolution No. 20, upholding the
decision of the Planning Commission
and approving Tentative Tract Nos.
5666 and 5667 with conditions regarding
park reservation; and direct staff to
expedite the acquisition of the extra
two and one-half acres and make an offer
to the property owner within 90 days.
APPROVED
AB EDWARDS
Bakersfield, California, July 28, 1993 - Page 10 25
9. HEARINGS continued
ACTION TAKEiN
Protest hearing for Renfro No. 3,
Annexation No. 372, Proceeding NO.
1133, and inclusion into the Greater
Bakersfield Separation of Grade
District. (Ward 4)
No one spoke at hearing. Hearing
closed.
Motion by Brunni to adopt Resolution
ordering the territory annexed to the
City of Bakersfield and included in the
Greater Bakersfield Separation of Grade
District.
RES 127-93
APPROVED
AB EDWARDS
Hearing to consider an Ordinance
repealing Section 15.64.120 and
amending Section 15.64.170 of the
Bakersfield Municipal Code relating
to the Uniform Fire Code (Fireworks &
above-ground storage of flammable and
combustlble liquids).
No one spoke at hearing. Hearing
closed.
Hearing to consider a Resolution
amending the Riverlakes Ranch/Unibell
Specific Plan by changing the Specific
Plan Land Use Designation from HMR on
19.24 acres and LR on 20.76 acres to
LMR on the total 40-acre site, located
at the southwest corner of Meacham Road
and Main Plaza Drive. (Specific Plan
Amendment 1-93) (Ward 4)
No one spoke at hearing. Hearing
closed.
FR
RES 128-93
Motion by Brunni to adopt Resolution. APPROVED
AB EDWARDS
Bakersfield, California, July 28, 1993 - Page 11
9. HEARINGS continued
ACTION TAKEN
Hearing to consider Ordinances relating
to unreinforced masonry buildings.
Ordinance amending Chapter 15.40
of the Bakersfield Municipal Code
relating to unreinforced masonry
buildings.
Ordinance amending Chapter 15.41
of the Bakersfield Municipal Code
relating to seismic safety analysis
of unrelnforced masonry buildings.
City Manager Tandy provided background
information.
Hearing opened.
The following individuals spoke in
favor of staff recommendation:
Phil Bentley, property owner; Gary
Stein; Kathy Palla, property owner
and Chairperson of the URM Committee
of the Downtown Business & Property
Owners Association; and Gerald B.
Clifford, property owner.
Hearing closed.
Hearing to consider a Resolution
finding 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.
Properties located at:
Ward 1: Vacant lot south of 820 M
Street.
Ward 2: Second property east of 1620
Kentucky Street; Northwest Brundage &
Olive.
Ward 4: 4500 Trumbull.
Ward 7: Vacant house between Jonah &
Stancliff on Pacheco Road.
No one spoke at hearing. Hearing
closed.
FR
FR
RES 129-93
Bakersfield, California, July 28, 1993 - Page 12
9. HEARINGS continued
ACTION TAKEN
Fire Prevention Inspector DeMarco
announced the vacant parcel at the
northwest corner of Brundage & Olive
(Ward 2) has been cleaned up; and the
vacant house between Jonah & Stancliff
on Pacheco Road (Ward 7) has been
subdivided and cleanup is in the process;
and requested these properties be removed
from the list.
Motion by Brunni to adopt Resolution
confirming the Report of the Fire Chief
with the exception of the parcel at the
northwest corner of Brundage & Olive
and the vacant house between Jonah &
Stancliff on Pacheco Road.
APPROVED
ABEDWARDS
Salvaggio requested Fire Prevention
Inspector DeMarco monitor the clean up
of the Ward 7 property located between
Jonah & Stancliff on Pacheco Road.
10.
REPORTS
Urban Development committee Report No.
1-93 regarding Separation of Grade
District Project on Q street at South-
ern Pacific Railroad. (Ward 2)
Motion by Rowles to accept Report with
amendment to include Calloway Drive
and implement the recommendations.
APPROVED
AB EDWARDS
DeMond had previously requested staff
to pursue the Separation of Grade
District at Q and P Streets next to
the Convention Center site, between
the library.
Brunni requested staff monitor the
progress of repavement on 34th Street.
Bakersfield, California, July 28, 1993 - Page 13
10. REPORTS continued
ACTION TAKEN
Urban Development Committee Report No.
2-93 regarding South Beltway Environmen-
tal Impact Report.
Brunni requested staff bring something
forward, with the majority being west
of Union Avenue, and work with the
Supervisors (Austin, Peterson, Shell)
in coming to a quick and expeditious
resolution of the whole Specific Plan
Line.
Motion by McDermott to accept Report and
implement recommendations with amendment
urging KernCog to reconsider the inclusion
of the Buena Vista Road alternative.
APPROVED
NS SALVAGGIO
ABEDWARDS
11. DEFERRED BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and zoning
Map Nos. 123-19 and 123-20 by changing
the zoning on a site consisting of
610.5 acres located north of Panama
Lane, west of Progress Road, south of
Pacheco Road and east of Buena Vista
Road from A-20A to R-l, R-1CH, C-1 and
C-2 Zones. (Ward 4) (First Reading
July 7, 1993)
Motion by Brunni to adopt Ordinance.
ORD 3549
APPROVED
AB EDWARDS
Ordinance amending Subsection A. of
Section 3.30.030 of the Bakersfield
Municipal Code relating to in-lieu
taxes. (First Reading July 7, 1993)
Motion by DeMond to adopt Ordinance.
ORD 3550
APPROVED
NS MCDERMOTT
BRUNNI
ROWLES
AB EDWARDS
PRICE VOTED
AYE
Due to a tie vote, Mayor Price voted.
Bakersfield, California, July 28, 1993 - Page 14
11. DEFERRED BUSINESS continued
ACTION TAKE~
Co
Contract Change Order No. 4 to Contract
No. 91-256 with R. Burke Corporation
for construction on Coffee Road between
Truxtun Avenue and Brimhall Road.
(Ward 4) (deferred from July 7, 1993)
Motion by Brunni to approve Contract
Change Order.
APPROVED
NS MCDERMO~r
ABEDWARDS
Amendment No. 2 to Agreement No. 91-270
with Dennis E. Hummel for project
engineering services to widen coffee
Road between Truxtun Avenue and Brimhall
Road. (Ward 4) (deferred from July 7,
1993)
City Manager Tandy recommended not
taking action on this item.
Motion by Brunni to not approve
Agreement and direct staff to complete
the work.
APPROVED
AB EDWARDS
12 . NEW BUSINESS
Ordinance adding coffee Road No. 1
Annexation to Ward 4, located north of
Rosedale Highway, east of coffee Road
right-of-way and includes Coffee Road
and Friant-Kern Canal right-of-way only.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-21 by changing the zoning
of 40 acres located east of Spring
Creek Loop to the Arvin-Edison Canal,
north of Harris Road from R-1 and R-2
Zones to a PUD Zone. (Ward 4)
Ordinance adding Section 13.04.075 to
the Bakersfield Municipal Code relating
to maintenance districts. (Wards i - 7)
Assistant Planning Director Kloepper
presented background information.
FR
FR
FR
Bakersfield, California, July 28, 1993 - Page 15
12. NEW BUSINESS continued
ACTION TAKEN
Resolution of Application proposing
proceedings for annexation of
territory to the City of Bakersfield
identified as Annexation No. 379,
Brlmhall No. 3, located east of
Jewetta Avenue, 800 feet north of
Brimhall Road. (Ward 4)
Motion by Brunni to adopt Resolution
of Application.
RES 130-93
APPROVED
AB EDWARDS
Agreement with Kern Economic Development
Corporation (KEDC) dedicated to attract-
ing new industry to the County.
Motion by McDermott to approve Agreement.
AGR 93-148
APPROVED
AB EDWARDS
Amendment No. 2 to Agreement No. 89-197
with County of Kern for sewer maintenance
and transport, treatment and disposal,
within a portion of County Service Area
No. 71. (Ward 4)
Assistant Public Works Director Kloepper
presented background information.
Motion by Brunni to approve Agreement.
AGR 93-149
APPROVED
AB EDWARDS
Independent Contractor,s Agreement with
Karen Northcutt for planning services
related to a General Plan Amendment
covering several square miles in the
southwest metropolitan area. (Ward 4)
AGR 93-150
Motion by Brunni to approve Agreement. APPROVED
AB EDWARDS
Bakersfield, California, July 28, 1993 - Page 16
13. COUNCIL STATEMENTS
ACTION TAKEN
McDermott requested staff follow up with
G.E.T. on the feasibility of a bus stop
at 19th and Oak Streets.
Brunni referred to staff verifying, in
writing, that an order from ~he Administra-
tive Law Judge regarding General Order 131D
of the Public Utilities Commission has been
received and our ability to comment thereon.
Brunni requested staff provide the status on
a request that was made during the budget
process for lighting at Hagan Oaks Blvd and
at Scarlett Oaks, using maintenance district
funds.
Brunni referred to staff the status of
implementing the General Plan, what is on
track and what needs to be changed
Brunni requested staff to furnish a report
on the status of a City-wide Maintenance
District by August 11, 1993.
Motion by Brunni to refer to Budget and
Finance Committee a request by Valley
Communities to release deposit monies.
APPROVED
AB EDWARDS
Motion by Brunni to refer to Urban Develop-
ment Committee Building Department policies
with regard to inspections and violations.
APPROVED
AB EDWARDS
Motion by Smith to refer to Budget and
Finance Committee the issue of business
licenses.
APPROVED
AB EDWARDS
Rowles suggested holding a workshop for
General Plan updates.
$alvaggio requested an update from the
Planning Department regarding dirt mounds
at E1 Potrero and White Lane.
Bakersfield, California, July 28, 1993 - Page 17
14. ADJOURNMENT
ACTION TAKEN
Motion by McDermott at 9:35 p.m.
APPROVED
AB EDWARDS
MAYOR of the City of Bakersfield,
cX
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
JULY28.MIN
8/12/93 9:03am