HomeMy WebLinkAbout08/11/1993 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 11, 1993
CLOSED SESSION - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
Present:
Absent:
ACTION TAKEN
Mayor Price, Councilmembers
McDermott, Edwards, DeMond, Smith,
Brunni (seated at 5:20), Rowles,
Salvaggio (seated at 5:20)
None
Motion by McDermott to recess to Closed
Session at 5:15 p.m.
Closed Session pursuant to Government Code
Section 54956.8 regarding real property
negotiations respecting the Convention
Center Hotel (property located at the south-
east corner of Truxtun Avenue and Q street,
Bakersfield) with the Hammons Group.
Closed Session pursuant to Government Code
Section 54957 regarding a personnel matter.
APPROVED
AB BRUNNI
SALVAGGIO
CITY MANAGER
AUTHORIZEDTO
CONTINUE
NEGOTIATIONS
ON THE HOTEL
PROJECT
NAT
4 o
Closed Session pursuant to Government Code
Section 54956.9(c) regarding potential
litigation.
NAT
Motion by Brunni to adjourn Closed Session
at 6:55 p.m.
APPROVED
REGULAR MEETING- 7:00 P.M.
Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Councilmember Mark Salvaggio.
2. PLEDGEOFAIIr:GIANCE by Jeffrey Fitzpatrick, Mayor's Intern.
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles, Salvaggio
None
Bakersfield, California, August 11, 1993 - Page 2
4. CLOSED SESSION ACTION
ACTION TAKEN
Mayor Price announced the Closed Session
action as reflected on Page 1.
5. PRESENTATIONS
Mayor Price introduced Jeff
Fitzpatrick, Cal State Bakersfield
Senior, acting as Mayor's Intern.
Mayor Price welcomed Ginger Morehouse,
Bakersfield Californian owner/publisher.
PUBUC STATEMENTS
so
Kate Rosenlieb, Planning Commissioner,
spoke in opposition to a letter from
Darren Powers in support of expanding
the role of Alternate Planning
Commissioner. (Item 8.c.2.)
APPOINTMENTS
One (1) appointment to the Community
Advisory Council due to the resignation
of Douglas Newhouse, term expiring
December 31, 1993.
Motion by DeMond to appoint Lorenzo T.
Ortega to the Community Advisory Council,
term to expire December 31, 1993.
APPROVED
CONSENTCALENDAR
Approval of Voucher Nos. 11594 to
11985 inclusive, in the amount of
$1,781,658.71; Voucher Nos. 15 to 323
inclusive, in the amount of
$1,598,692.26; Self Insurance Voucher
Nos. 3216 to 3341 inclusive, in the
amount of $72,166.20; and Self Insurance
Voucher Nos. 5 to 30 inclusive, in the
amount of $13,924.34
Minutes of the Special Meeting of July
26, 1993 and Workshop, Closed Session
and Regular Meeting of July 28, 1993.
Bakersfield, California, August 11, 1993 - Page 3
8. CONSENT CALENDAR continued
ACTION TAKEN
c. Correspondence from:
Pat Macht, Deputy Director Waste
Prevention & Education Division,
California Integrated Waste Manage-
ment Board, dated July 14, 1993,
regarding an amendment to the Solid
Waste Reuse and Recycling Access
Act of 1991 (AB 1237).
(Receive and Refer to City Manager)
Darren Powers, Planning Commission
Chairperson, dated July 27, 1993,
regarding Alternate Planning
Commissioner.
(Receive and Refer to Urban
Development Committee)
REMOVED FOR
SEPARATE
CONSIDERATI6~
Richard L. Temple, Bakersfield
Homeless Center Director, 1600
East Truxtun Avenue, dated July
27, 1993, regarding concessions
at the Convention Center Hotel.
(Receive and refer to City Manager)
Rich O'Neil, Kern River Parkway
Committee Vice-President, dated
August 1, 1993, requesting
planting only California native
riparian trees in the Kern River
Parkway.
(Receive and refer to Public
Works Department)
5e
Ed W. Schulz, City of Bakersfield
Public Works Director, dated
August 3, 1993, regarding pavement
undulations.
(Receive and refer to Urban
Development Committee)
Bakersfield, California, August 11, 1993 - Page 4
8. CONSENTCALENDAR continued
ACTION TAKEN
Easement from the United States
Department of the Interior Bureau of
Reclamation for the Hageman Road Bridge
Crossing of the Friant-Kern Canal.
(Ward 4)
Notices of Completion and acceptance of
work for:
Contract No. 93-26 with Loop
Electric for traffic signal
installation located on 19th
Street at Oak Street, completed
July 23, 1993.
Contract No. 92-150 with Commerce
Drive Partners for Parcel Map No.
9299, located at the east end of
Commerce Drive, south of Truxtun
Avenue, completed July 23, 1993.
Plans and Specifications for:
Reroofing the Upper Stage House
at the Bakersfield Convention
Center. (Ward 2)
Construction of median curb on
Stockdale Highway between Coffee
Road and 1400 feet east of E1 Rio
Drive. (Ward 4)
Amendment No. 2 to Agreement No. 91-137
with Carl Warren and Company for outside
claims administration.
Tract Map and Improvement Agreement
with Casa Club Fairway Development for
Tract 5737, located south of Casa Club
Drive, east of Miramonte Drive. (Ward 3)
Accept bid from ASE Drilling, Inc.
($263,642.00) for construction of Ashe
Water Well No. L-204 located near the
intersection of Calloway Drive and
Meacham Road for the Domestic Water
Division of the Water and Sanitation
Department. (Ward 4)
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 93-151
AGR 93-152
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, August 11, 1993 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
Accept bid from Clow Valve Company (215
items; $38,856.68) and Long Beach Iron
Works (85 items; $7,657.65) for fire
hydrants and burys for the Fire Department.
Motion by McDermott to adopt Items (a)
through (j) of the Consent Calendar, with
the exception of Items c.2., d. and i.
APPROVED
Correspondence from:
Darren Powers, Planning Commission
Chairperson, dated July 27, 1993,
regarding Alternate Planning
Commissioner.
(Receive and Refer to Urban
Development Committee)
Motion by Brunni to delay action on
Item c.2. of the Consent Calendar,
refer to Planning Commission and return
to Council for action, if necessary.
APPROVED
Easement from the United States
Department of the Interior Bureau of
Reclamation for the Hageman Road Bridge
Crossing of the Friant-Kern Canal.
(Ward 4)
Motion by Brunni to adopt Item d. of
the Consent Calendar.
AGR 93-155
APPROVED
Accept bid from ASE Drilling, Inc.
($263,642.00) for construction of Ashe
Water Well No. L-204 located near the
intersection of Calloway Drive and
Meacham Road for the Domestic Water
Division of the Water and Sanitation
Department. (Ward 4)
CON 93-153
Motion by Brunni to adopt Item i. of APPROVED
the Consent Calendar.
Bakersfield, California, August 11, 1993 - Page 6
9. HEARINGS
ACTION TAKEN
Rickett, Ward, Delmarter and Deifel,
representing Elyin G. Berchtold, Carl
R. Moreland and Bob J. Jackson requests
to amend the Land Use Element of the
2010 General Plan from SR to LMR on 3.49
gross acres located along the northeast
corner of Brimhall Road and Jewetta Avenue.
(GPA 2-93, segment III) (Ward 4)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and
Zoning Map No. 102-30 by changing
the zoning of the site generally
along the northeast corner of
Jewetta Avenue and Brimhall Road
from R-S to C-1 on 7 gross acres;
from E and R-S to R-2 on 3.49 gross
acres; and from R-S to E on 1.36
gross acres. (ZC 5458) (Ward 4)
Correspondence has been received from:
Mrs. Lanola Mead, dated August 11, 1993,
in opposition to the zone change; and
Bob Jackson, Bojak Development, Inc.
Vice-President, dated August 11, 1993,
proposing construction and landscape
plans.
Planning Director Hardisty provided
background information.
Hearing opened.
The following individuals spoke in
opposition to staff recommendation:
Jim Brown also submitted a list of
property owners opposing the rezoning;
Kurt Periera; Bill Hurley; and Michael
Hayferman.
McDermott was absent due to conflict
of interest.
The following individuals spoke in
support of staff recommendation:
Bob Jackson, Bojak Development; Wayne
Deifel, Rickett, Ward, Delmarter and
Deifel, also submitting a map; Ken
Lifquist representing E.G. Berchtold
and family; and Carl Moreland, Telstar
Engineering.
RES 131-93
FR
Bakersfield, California, August 11, 1993 - Page 7
9. HEARINGS continued
ACTION TAK~
Kurt Periera spoke in rebuttal.
Hearing closed.
Motion by Brunni to adopt Resolution
and give First Reading of Ordinance.
APPROVED
AB MCDERMOTT
Porter-Robertson Engineering represent-
ing st. Clair Development requests to
amend the Land Use Element of the 2010
General Plan from HMR to LMR on 19.1
acres at the southwest corner of Harris
Road and Stine Road. (GPA 2-93, Segment
IV) (Ward 6)
Rowles was absent due to conflict of
interest.
Planning Director Hardisty provided
background information.
No one spoke at hearing. Hearing closed.
Motion by McDermott to adopt Resolution.
RES 132-93
APPROVED
ABROWLES
Amendment to the Land Use Element of
the 2010 General Plan from LR to HMR
on 8.5 acres at the southwest corner
of District Boulevard and Gosford Road.
(GPA 2-93, Segment V) (Ward 4)
Planning Director Hardisty provided
background information.
Hearing opened.
The following individuals spoke in
opposition to staff recommendation:
Mark Layport; Pamela McPhetridge, who
read a letter; Gary Enriquez; Ronald
Garrett; and Brad McPhetridge.
Roger Mcintosh, Martin-Mcintosh,
representing Castle & Cooke Development,
spoke in support of staff recommendation.
Mark Layport spoke in rebuttal.
Hearing closed.
Bakersfield, California, August 11, 1993 - Page 8
9. HEARINGS continued
ACTION TAKEN
Motion by Brunni to defer to the August
25, 1993 Council meeting to allow Council
to consult with City Attorney Lunardini.
APPROVED
Amendment to the Land Use Element of
the 2010 General Plan from LR to GC on
6.5 acres at the southwest corner of
Brlmhall Road and Calloway Drive.
(GPA 2-93, Segment VI) (Ward 4)
Planning Director Hardisty provided
background information.
No one spoke at hearing. Hearing closed.
Brunni recognized Roger Mcintosh,
Martin-Mcintosh, to speak regarding
access to residential areas.
Motion by Brunni to adopt Resolution
with a condition that at the time
Calloway Drive realignment is developed,
the existing Calloway Drive will be
vacated when the need for access for
existing residential users is no longer
in existence.
RES 133-93
APPROVED
10.
REPORTS
City Manager Oral Report No. 4-93
regarding Metropolitan Park Plan Status.
Assistant City Manager Stinson distributed
an information sheet and presented the
oral report.
Motion by McDermott to accept Oral Report. APPROVED
Bakersfield, California, August 11, 1993 - Page 9
11 · DEFERRED BUSINESS
ACTION TAKE~
so
do
Ordinance repealing Section 15.64.170
and amending Section 15.64.120 of the
Bakersfield Municipal Code relating to
the Uniform Fire Code. (First Reading
July 28, 1993}
Ordinance amending Chapter 15.40 of the
Bakersfield Municipal Code relating to
unreinforced masonry buildings. (First
Reading July 28, 1993)
Ordinance amending Chapter 15.41 of the
Bakersfield Municipal Code relating to
seismic safety analysis of unreinforced
masonry buildings. (First Reading July
28, 1993)
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.
(First Reading July 28, 1993)
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) (First
Reading July 28, 1993)
Motion by DeMond to adopt Ordinances
a. through e. of Deferred Business.
ORD 3551
ORD 3552
ORD 3553
ORD 3554
0RD3555
APPROVED
12 . NLq~/BUSINESS
Ordinance amending Chapter 15.78 of
the Bakersfield Municipal Code relating
to mitigation for urban development
impacts on endangered species.
Ordinance amending Section 10.32.140 of
the Bakersfield Municipal Code relating
to parking of commercial vehicles in
residential areas.
FR
FR
Bakersfield, California, August 11, 1993
Page 10
12. NEWBUSINESS continued
ACTION TAKEN
Resolution determining to undertake
proceedings pursuant to Special Assess-
ment and Assessment Bond Act for the
construction and acquisition of
improvements for Assessment District
No. 93-2. (Stine/Harris) (Ward 6)
Certificate of Sufficiency of Petition
for Assessment District No. 93-2.
(stine/Harris) (Ward 6)
Resolution appointing Engineer of Work
and authorizing Agreement for Assessment
Engineering Services for Assessment
District No. 93-2. (Stine/Harris)
(Ward 6)
Agreement with Boyle Engineering
Corporation for consultant services
for Assessment District No. 93-2.
(Stine/Harris) (Ward 6)
Resolution appointing Attorney and
authorizing Agreement for legal services
for Assessment District No. 93-2.
(Stine/Harris) (Ward 6)
Agreement with Jackson, Hatgrove,
Emerich, Pedreira & Nahigian,
Attorneys at Law, for legal
services for Assessment District
No. 93-2. (Stine/Harris) (Ward
6)
Rowles absent due to conflict of interest.
McDermott requested staff to respond on
an overall policy regarding unsightly
canals next to streets.
Motion by McDermott to defer New Business
Items c., d., e. and f. until staff
responds to his referral.
APPROVED
AB ROWLES
Bakersfield, California, August 11, 1993 - Page 11
12. NEW BUSINESS continued
ACTION TAKEN
Agreement with Brown and Caldwell for
preparation of Wastewater Treatment and
Disposal Master Plan and Environmental
Impact Report. (Wards i 7)
Assistant Public Works Director Kloepper
provided background information and
anticipated two Council Workshops.
Motion by Salvaggio to approve Agreement.
AGR 93-154
APPROVED
13. COUNCIL STATEUENTS
McDermott commented on a Public Works
Department memo relating to cost of the
right-of-way acquisition on the South
Beltway options.
McDermott encouraged attendance at the
"Highway 58 Route Adoption" (Kern
River Freeway) Thursday, August 12, 1993,
at Fruitvale Junior High.
Brunni commented on a memo from City Manager
Tandy regarding presentation of the annual
budget review.
Edwards referred the following items to
City Manager:
Will there will be a plan for provision
of crossing guards and how it will be
funded.
How is the Weed Abatement Program going
to function in the future; what depart-
ment is it going to be in; and is it
going to be a combination program in
Building Department.
Video taping Council meetings and
obtaining assistance from cable providers.
Award Program for City of Bakersfield
employees for cost-saving and revenue-
producing ideas and suggestions.
Investigate the possibility of City
using volunteer services.
44
Bakersfield, California, August 11, 1993
Page 12
13. COUNCIL STATEMENTS continued
ACTION TAKEN
McDermott congratulated the Fire Department
on the successful rummage sale held last
week to acquire funds for the Defibrillator
Program.
McDermott commented on President Clinton's
announcement of a Crime Initiative, with
funding coming from the Federal Government,
and requested staff check into how it will
effect the City Police Department.
14. AD4OURNM£NT
Motion by McDermott at 9:25 p.m.
APPROVED
MAYOR of the City of Bakersfield,
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
nss
AUGUSTll.MIN
9/10/93 10:23am