HomeMy WebLinkAbout12/03/1997 MINUTES CC95.9
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 3, 1997
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
1. ROLL CALL
Present:
Absent:
2. WORKSHOP
Mayor Price, Councilmembers Rowles (seated at
5:45), Carson (seated at 5:72), DeMond,
McDermott, Sullivan, Salvaggio
Councilmember Smith
Juvenile Impact Program/Juvenile Curfew Ordinance.
Police Chief Brummer introduced Sergeant Lynn, who,
along with him, provided a slide presentation and
distributed copies of Youth Development Coalition
Resource Directory, Juvenile Impact Program from the
Office of the Governor and draft ordinance regarding
curfew.
Sullivan suggested contacting the media to announce
the curfew each evening.
ACTION TAKEN
Amtrak Station Update.
Engineering Services Manager LaRochelie provided a
status report on the progress of the Amtrak Station.
Motion by Rowles to recess to Closed Session at
5:56 p.m.
APPROVED
AB SMITH
CLOSED SESSION
Conference with Legal Counsel §54956.9(c) - Potential
Litigation. Initiation of litigation. One potential case.
Conference with Legal Council §54956.9(a) - Existing
Litigation. Greater Bakersfield Separation of Grade
District vs. World Oil Corp., etc., et al. Kern Superior
Court Case No. 230162
CITY ATTORNEY
RECEIVED
INSTRUCTIONS
CITY ATTORNEY
RECEIVED
INS TRUC TIONS
Bakersfield, California, December 3, 1997 - Page 2 2 6 ~)
CLOSED SESSION continued
Conference with Legal Council §54956.9(a) - Existing
Litigation. Residents for Public Participation, et al. vs.
City of Bakersfield, et al. Kern Superior Court Case No.
234032-NFT
Motion by McDermott to adjourn Closed Session at 6:40
p.m.
ACTION TAKEN
CITY ATTORNEY
PROVIDED UPDATE
APPROVED
AB SMITH
REGULAR MEETING
1. INVOCATION by Chaplain Ed Meissner, First Assembly of God
Chumh
PLEDGE OF ALLEGIANCE by Jason Stevens, Troop 100
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles, Carson,
DeMond, McDermott, Sullivan, Salvaggio
Councilmember Smith
CLOSED SESSION ACTION
Mayor Pdce announced Closed Session Action as reflected on
Pages I and 2.
5. PRESENTATIONS
PUBLIC STATEMENTS
Dennis Fox spoke regarding the graffiti ordinance (Item
12.e.) and submitted written material.
Wade Tavorn spoke regarding speeding problems on
Elm Street.
Salvaggio requested staff provide a paper trail to Mr.
Tavorn.
Rowles requested staff provide a memo providing a
paper trail including actions and options.
Bakersfield, California, December 3, 1997 - Page 3
APPOINTMENTS
One appointment to the Fire Civil Service Board due to
the expiration of term of Craig A. Carver, term expiring
December 31, 1997.
First Ballot Votes ranked by preference:
Ward I - George
Ward 2 - George
Ward 3 - (absent)
Ward 4 - George, Whipp
Ward 5 - George
Ward 6 - George, Whipp
Ward 7 - George
Deputy Clerk Stokoe announced the 2 individuals
receiving the highest number of points were Michael
George and Linda A. Whipp.
ACTION TAKEN
Second Ballot Votes:
Ward 1 - George
Ward 2 - George
Ward 3 - (absent)
Ward 4 - George
Ward 5 - George
Ward 6 - George
Ward 7 - George
Deputy Clerk Stokoe announced the individual receiving
the highest number of votes was Michael George.
Motion by Rowles to appoint Michael George to the
3-year position, term expiring December 31, 2000.
APPROVED
AB SMITH
One appointment to the Police Civil Service Board due
to the expiration of term of Steven C. Anderson, term
expiring December 31, 1997.
First Ballot Votes ranked by preference:
Ward 1 - Anderson
Ward 2 - Anderson
Ward 3 - (absent)
Ward 4 - Anderson, Whipp
Ward 5 - Anderson
Ward 6 - Anderson
Ward 7 - Anderson
Bakersfield, California, December 3, 1997- Page 4
APPOINTMENTS continued
Deputy Clerk Stokoe announced the 2 individuals
receiving the highest number of points were Steven C.
Anderson and Linda A. Whipp.
Second Ballot Votes:
Ward 1 - Anderson
Ward 2 - Anderson
Ward 3 - (absent)
Ward 4 - Anderson
Ward 5 - Anderson
Ward 6 - Anderson
Ward 7 - Anderson
Deputy Clerk Stokoe announced the individual receiving
the highest number of votes was Steven C. Anderson.
ACTION TAKEN
Motion by Rowles to reappoint Steven C. Anderson
to the 3-year position, term expiring December 31,
2000.
APPROVED
AB SMITH
One appointment to the Miscellaneous Civil Service
Board due to the expiration of term of Daniel L. Williams,
term expiring December 31, 1997.
First Ballot Votes ranked by preference:
Ward 1 - Williams
Ward 2 - Williams
Ward 3 - (absent)
Ward 4 - Whipp, Williams
Ward 5 - Williams
Ward 6 - Whipp
Ward 7 - Williams
Deputy Clerk Stokoe announced the 2 individuals
receiving the highest number of points were Daniel L.
Williams and Linda A. Whipp,
Second Ballot Votes:
Ward 1 - Williams
Ward 2 - Williams
Ward 3 - (absent)
Ward 4 - Whipp
Ward 5 - Williams
Ward 6 - Whipp
Ward 7 - Williams
Bakersfield, California, December 3, '1997 - Pa9e 5
APPOINTMENTS continued
c. Deputy Clerk Stokoe announced the individual receiving
the highest number of votes was Daniel L. Williams.
ACTION TAKEN
Motion by Rowles to reappoint Daniel L. Williams to
the 3-year position, term expiring December 31,
2000.
APPROVED
AB SMITH
One appointment to the Kern Mosquito & Vector Control
District due to the expiration of term of Scott G. Ladd,
term expiring December 31, 1997.
First Ballot Votes ranked by preference:
Ward I - Mahlmann, Ladd
Ward 2 - Ladd
Ward 3 - (absent)
Ward 4 - Mahlmann, Ladd, Bedard
Ward 5 - Mahlmann, Ladd
Ward 6 - Mahlmann
Ward 7 - Ladd
Deputy Clerk Stokoe announced the 2 individuals
receiving the highest number of points were Morris C.
Mahlmann and Scott G. Ladd.
Second Ballot Votes:
Ward 1 - Mahlmann
Ward 2 - Ladd
Ward 3 ~ (absent)
Ward 4 - Mahlmann
Ward 5 - Mahlmann
Ward 6 - Mahlmann
Ward 7 - Ladd
Deputy Clerk Stokoe announced the individual receiving
the highest number of votes was Morris Mahlmann.
Motion by Rowles to appoint Morris C. Mahlmann to
the 2-year position, term expiring December 3~,
~999.
APPROVED
AB SMITH
Bakersfield, California, December 3, 1997 - Page 6 ~ ~. ~
CONSENTCALENDAR
Minutes:
a. November 19, 1997 Council Meeting.
Payments:
Payments from November 8 to November 14, 1997 in
the amount of $2,597,559.17; and Self Insurance
payments from November 8 to November 14, 1997 in the
amount of $91,989.19.
Resolutions:
Amendment No. 2 to Resolution No. 196-93 to provide
clarity for the issuance of sewer revenue bonds, Series
1997 for Wastewater Treatment Plant financing.
Agreements:
d. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5835,
Phase B, north of Harris Road, west of Ashe
Road. Ward 6
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5838,
Phase C, south of Stockdale Highway, west of
Old River Road. Ward 4
Final Map and Improvement Agreements with
Castle & Cooke California, Inc. for Tract 5845,
Phase B, north of Panama Lane, east of
Reliance Drive. Ward 6
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5845,
Phase C, north of Panama Lane, east of
Reliance Drive. Ward 6
Agreement with Kwik Signs for the administration of a
Directional Kiosk Sign Program.
Pre-Annexation Agreement with Tak Fouy Chao for City
to construct a right turn lane on Allen Road and a sewer
lateral and storm drain to the property at the northwest
corner of Stockdale Highway and Allen Road. Ward 4
ACTION TAKEN
RES 196-93(2)
AGR 97-326
AGR 97-327
AGR9~328
AGR9~329
AGR 97-330
REMOVED FOR
SEPARATE
CONSIDERATION
AGR9~331
Bakersfield, California, December 3, 1997 - Page 7
CONSENT CALENDAR continued
Bids:
Award annual contract to Loop Electric, not to exceed
$35,065, for vehicle loop cutting services at various City
intersections.
Award contract to Loop Electric, $83,680.35, for
installation of traffic signal and lighting system on
Hageman Road at Riverlakes Drive. Ward 4
Award annual contract to San Joaquin Fence & Supply,
not to exceed $188,127, to furnish and install fencing
around various City properties and canals.
Award contract to Kiewit Pacific Company, $29,239,800,
for Wastewater Treatment Plan No. 2 upgrade and
expansion; and appropriate $15,381,800 State Revolving
Fund loan proceeds and $13,858,000 Fund Balance to
the Capital Improvement Budget within the Wastewater
Treatment Fund. Ward 1
Award annual contract to Jim Alfter Cement Contractor,
not to exceed $453,825, for curbs, gutters and
sidewalks. (Staff recommends award of contract and
refer issue to an Independent Dispute Resolution
Committee.)
Miscellaneous:
Letter to Cox Communications and Time Warner
Entertainment requesting payment of franchise fees as
determined by the U.S. Fifth Circuit Court of Appeals.
(Staff recommends approval of letter and direct City
Manager to forward letter.)
Reclassification from Light Equipment Operator to Heavy
Equipment Operator - Water.
Transfer $30,000 from Council Contingency to City
Attorney's Operating Budget in the General Fund for
payment of attorney's fees and full satisfaction of all
claims in the matter of Southwest Community Action
Committee, Kenneth F. Hersh and Jill Kleiss vs. City of
Bakersfield and Bakersfield City Council; Kern Superior
Court Case No. 233654-NFT.
Appropriate $100,000 General Fund Balance to the Non-
Departmental Budget within the Self-Insurance Fund for
property acquisition.
ACTION TAKEN
CON 97-332
CON 97-333
CON 97-334
CON 97-335
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, December 3, 1997 - Page 8
CONSENT CALENDAR continued
Motion by Rowles to adopt Consent Calendar Items a.
through o. with an amendment to Item j. allowing for an
appropriation; and with the exception of lfems e., k. and n.
Agreement with Kwik Signs for the administration of a
Directional Kiosk Sign Program.
.Development Services Director Hardisty announced a
correction to Page 6, Paragraph d. should read "---and
no amendments to this agreement may be made without
the written consent of both parties."
Motion by McDermott to refer Consent Calendar e.
back to staff for review and bring back an amended
contract to Council with the inclusion of the
franchise/cost recovery element.
ACTION TAKEN
APPROVED
AB SMITH
APPROVED
NS SA L VA GGIO
AB SMITH
Award annual contract to Jim Alfter Cement Contractor,
not to exceed $453,825, for curbs, gutters and
sidewalks. (Staff recommends award of contract and
refer issue to an Independent Dispute Resolution
Committee.)
Mayor announced a correction to the recommendation,
to read "--award of contract or refer issue to an Altemate
Dispute Resolution Committee."
Rowles advised the appointed member names to the
Alternate Dispute Resolution Committee will be placed
on the December 17, 1997 agenda for approval; and
recommendations from the committee will be placed on
the January 14, 1998 meeting.
Motion by Sullivan to refer Consent Calendar Item k.
to the Alternate Dispute Resolution Committee.
APPROVED
AB SMITH
Transfer $30,000 from Council Contingency to City
Attorney's Operating Budget in the General Fund for
payment of attorney's fees and full satisfaction of all
claims in the matter of Southwest Community Action
Committee, Kenneth F. Hersh and Jill Kleiss vs. City of
Bakersfield and Bakersfield City Council; Kern Superior
Court Case No. 233654-NFT.
Bakersfield, California, December 3, 1997- Page 9
CONSENT CALENDAR continued
n. Motion by Rowles to adopt Consent Calendar Item n.
HEARINGS
a. Appeal by Donna L. Brown and Harold E. Brown, dba
Brass Rail, regarding denial of application for a cabaret
permit.
Correspondence was received from R.B. Vander Noor,
representing Harold E. Brown, requesting a continuance
to the meeting of January 28, 1998.
Hearing opened at 7:36 p.m.
No one spoke at hearing.
Hearing closed at 7:37 p.m.
Motion by DeMond to defer Hearing Item a. to the
meeting of January 28, 1998.
Appeal by Wal-Mart Stores Inc. of the Board of Zoning
Adjustment decision denying a conditional use permit
(P97-0612) to allow 26 metal storage containers, totaling
8,960 square feet, in a Regional Commercial zone at
2300 White Lane. Ward 7
Correspondence was received from Steve W. Nichols,
Young Woolridge, representing Wal-Mart Stores Inc.,
requesting hearing b. and c. be rescheduled to the
meeting of December 17, 1997.
Hearing opened at 7:40 p.m.
No one spoke at hearing.
Hearing closed at 7:40 p.m.
Development Services Director provided background
information on the White Lane problems.
Salvaggio recognized Steve Nichols, Young Woolridge,
representing Wal-Mart Stores, Inc., to speak.
Motion by Salvaggio to defer Hearing Item b. to the
meeting of December 17, 1997.
ACTION TAKEN
APPROVED
NS CARSON
DEMOND
AB SMITH
APPROVED
AB SMITH
NAT
Bakersfield, California, December 3, 1997 - Page 10 ~,,, 'O ,~)
HEARINGS continued
Amended motion by McDermott to grant a delay of 2
weeks, contingent upon removal of the previous 8
containers by December 10, 1997, otherwise delay
will not be granted.
Motion by Salvaggio to defer Hearing Item b. to the
meeting of Decemb?r~7, 1997.
Appeal by Wal-Mart Stores Inc. of the Board of Zoning
Adjustment decision denying a conditional use permit
(P97-0614) to allow 36 metal storage containers, totaling
11,520 square feet, in a Planned Commercial
Development zone at 2601 Fashion Place. Ward 3
Development Services Director Hardisty provided
background information.
Hearing opened at 8:32 p.m.
No one spoke at hearing.
Hearing closed at 8:32 p.m.
Motion by DeMond to defer to the meeting of
December 17, '/997.
Mayor announced a 5-minute recess at 8:35 p.m. and
reconvened the meeting at 8:40 p.m.
ACTION TAKEN
FAILED
NS ROWLES
CARSON
DEMOND
SULLIVAN
SAL VA GGIO
AB SMITH
APPROVED
NS MCDERMOTT
AB SMITH
APPROVED
NS MCDERMOTT
AB SMITH
Appeal by Martin-Mcintosh Engineering, representing
Castle & Cooke California, Inc., of the Board of Zoning
Adjustment decision denying a modification (P97-0601)
to reduce the required front yard setback from 25 feet to
15 feet, reduce the required rear yard from 20 feet to 12
feet and reduce the required side yard setback from 5
feet to 2 feet on 23 lots where construction of single
family homes is proposed at 11201 Ming Avenue
(Vesting Tentative Tract 5863). Ward 4
Development Services Director Hardisty provided
background information.
RES 184-97
Bakersfield, California, December 3, 1997 - Page 11
10.
HEARINGS continued
d. Hearing opened at 8:45 p.m.
Roger Mcintosh, Martin-Mcintosh Engineering,
representing Castle & Cooke California, spoke in
opposition to staff recommendation, submitted written
material; and introduced Mary Keesling, Castle & Cooke
California, who also spoke.
Hearing closed at 8:55 p.m.
Motion by McDermott to adopt resolution, upholding
the BZA decision.
Resolution adopting fees and service charges pursuant
to the Revenue/Cost Comparison System, Chapter 3.70
of the Bakersfield Municipal Code, regarding sewer
connection fees.
Hearing opened at 9:23 p.m.
No one spoke at hearing.
Hearing closed at 9:23 p.m.
Motion by Rowles to adopt resolution.
REPORTS
a. City Manager Oral Report No. 7-97 regarding Progress
of Contract Negotiations with Ogden Entertainment.
City Manager Tandy provided an update to the
negotiations.
ACTIONTAKEN
APPROVED
NS ROWLES
SULLIVAN
AB SMITH
RES 185-97
APPROVED
NS MCDERMOTT
AB SMITH
11.
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map Nos. 124-06 and 124-
07 changing the zoning from County to City One Family
Dwelling, Limited Multiple Family Dwelling, Commercial
and Professional Office, Neighborhood Commercial,
Regional Commercial, Light Manufacturing and General
Manufacturing at south of Belle Terrace to Planz Road
between South H Street and Union Avenue. Wards l, 7
(Prezoning P97-0533) (First reading 11/19/97)
ORD 3809
Bakersfield, California, December 3, 1997 - Page 12
11.
DEFERRED BUSINESS continued
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 102-15 by
changing the zoning on 2.01 acres from One Family
Dwelling to One Family Dwelling-Church at the
southeast corner of Fruitvale Avenue and Olive Springs
Drive. Ward 3 (ZC P97-0553) (First reading 11/19/97)
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 102-35 by
changing the zoning on 3.74 acres from One Family
Dwelling to One Family Dwelling-Church at the northwest
corner of Stockdale Highway and Real Road. Ward 5
(ZC P97-0549) (First reading 11/19/97)
Ordinance adding Chapter 2.37 to establish POST
standards for the recruitment and training of
telecommunicators; and allowing the Police Department
to be reimbursed for the cost of POST-certified dispatch
training. (First reading 11/19/97)
Ordinance amending Section 9.36.070 relative to graffiti
removal. (First reading 11/19/97)
Motion by Salvaggio to adopt Deferred Business
Items a. through e.
ACTION TAKEN
ORD 3810
ORD 3811
ORD 3812
ORD 3813
APPROVED
AB SMITH
12. NEW BUSINESS
13.
COUNCILSTATEMENTS
Salvaggio referred a letter and video from Alex Candia Sr.
to Development Services Director Hardisty regarding
neighborhood noise west of Wible, south of Pacheco,
adjacent to Crest Drive-in, south of Cal-crete,
Salvaggio thanked Public Works Director Rojas for the memo to
City Manager Tandy regarding a left turn phase at Planz Road.
Salvaggio requested staff look into the feasibility of a 3-way
stop at Camp and Fairview Road.
Sullivan requested Public Works provide a memo informing
her when the 3-way stop was placed at Real Road and Planz
and why it was necessary.
Bakersfield, California, December 3, 1997 - Page 13
13.
COUNCIL STATEMENTS continued
Sullivan requested Development Services Director Hardisty
meet with her and provide an update regarding Derrel's Mini
Storage on Ashe Road.
ACTION TAKEN
Carson requested information on the feasibility of 4-way
stops at Chester Lane/Oleander and at 8th/T Streets.
DeMond advised Development Services Director Hardisty that
Mary Helen Barro will be contacting him.
Rowles requested staff prepare a summary memo regarding
the speeding issue on Elm Street.
Rowles requested information on the feasibility of a traffic
signal at Rio Mireda and Pierce Road and advise of the time
line.
Rowles requested staff provide the status of drainage on
Rio Mirada and Pierce Road and advise of the time line.
Rowles referred a letter to staff regarding a need for a
crossing guard at Truxtun Avenue and A Street near
Franklin School.
14.
ADJOURNMENT
Motion by Rowles at 9:41 p.m.
MAYOR B(~ PRICE of the City of Bakersfield, CA
ATTEST:
ASSISTANT CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield, CA
APPROVED
AB SMITH
DEC3.97
December 19, 1997 (8:28AM)