HomeMy WebLinkAbout03/26/1997 MINUTES CCBAKERSFIELD CITY COUNCIL ()
MINUTES
MEETING OF MARCH 26, 1997
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
Rowles, Carson (seated at 5:23),
DeMond, Smith, McDermott,
Sullivan (seated at 5:23),
Salvaggio (seated at 5:20)
None
Planning Commission Interviews.
Correspondence was received from Carolyn
Carrasco, dated March 21, 1997, stating she
is out of town on business and unable to
attend the interview; and Mike Hafferman
personally appeared at the Clerk's Office
to withdraw his name as an applicant.
Applicants Patricia Callagy, Michael
Dhanens, Kenneth Hersh, Cynthia Huge, Marti
Kemper, Barbara Lomas, Deborah Nystrom,
Ronald Stout, Betsy Teeter and John Wilson°
participated in a question and answer
discussion:
Applicants Kenneth Bone
Carrasco did not attend.
and Carolyn
Motion by Rowles to recess to Closed
Session at 5:50 p.m.
APPROVED
CLOSED SESSION
Conference with Legal Counsel - Potential
Litigation. Initiation of litigation
pursuant to Government Code Section
54956.9(c). One potential case.
Conference with Legal Counsel - Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9(a) in the
case of Diana Rich vs. Alfonso Villalpando,
City and Sally Johnson; Kern Superior Court
Case No. 229559-RA.
CITY ATTORNEY
WAS PROVIDED
INSTRUCTION
CITY ATTORNEY
WAS PROVIDED
INSTRUCTION
Motion by DeMond to adjourn at 6:15 p.m. APPROVED
Bakersfield, California, March 26, 1997 - Page 2
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Roger Norwood, First Assembly of God Church
2. PLEDGE OF ALLEGIANCE by Patricia DeMond
3. ROLLCALL
ACTION TAKEN
Present: Mayor Price, Councilmembers
Rowles, Carson, DeMond, Smith,
McDermott, Sullivan, Salvaggio
Absent: None
CLOSEDSESSION ACTION
Mayor Price announced Closed Session Action
as reflected on Pages 1 and 2.
5 · PRESENTATIONS
PUBLIC STATEMENTS
Salvaggio requested City Attorney Skousen
provide a written legal opinion on public
speakers being limited to one statement.
Rebecca Blanton, Executive Director,
Bakersfield AIDS Foundation, spoke
about being the first to purchase a
teal brick in the Centennial Plaza and
challenged other organizations to
purchase bricks.
McDermott provided a status report on
the Centennial Plaza brick sales.
Bob Orr, Chief Financial Officer, Good
Samaritan Hospital, representing
Victor Brewer, requested endorsement
of a special legislative issue on
disproportionate share payments (AB
1150); and submitted written material.
McDermott referred the issue of AB
1150 to Legislative and Litigation
Committee.
Paul Lundin spoke regarding widening
of Truxtun Avenue. (11.c.)
Bakersfield, California, March 26, 1997 - Page 3
PUBLICSTATEMENTScontinued
Lynn Mihalyo, representing Jill
Kleiss, spoke regarding voting
procedures.
Salvaggio requested City Attorney
Skousen respond on voting procedures.
(Public Statements continued on Page 12)
ACTION TAKEN
APPOINTMENTS
Three appointments to Planning
Commission due to the expiration of
terms of R. Douglas Delgado, Kenneth
Hersh and Michael Dhanens
(Alternate),terms expiring April 17,
1997.
First Ballot Votes ranked by
preference for the first Four-Year
Position:
Ward 1 - Dhanans, Wilson, Teeter
Ward 2 - Dhanens, Nystrom, Teeter
Ward 3 - Dhanens
Ward 4 - Dhanens, Kemper, Wilson
Ward 5 - Dhanens, Kemper, Nystrom
Ward 6 - Kemper, Teeter, Dhanens
Ward 7 - Dhanens, Stout, Lomas
City Clerk McCarthy announced the two
individuals receiving the highest
number of votes were Marti Kemper and
Michael G. Dhanens.
Second Ballot Votes
Four-Year Position:
Ward 1 - Dhanans
Ward 2 - Dhanens
Ward 3 - Dhanens
Ward 4 - Dhanens
Ward 5 - Dhanens
Ward 6 - Kemper
Ward 7 - Dhanens
for the first
City Clerk McCarthy announced the
individual receiving the highest
number of votes was Michael G.
Dhanens.
Motion by Rowles to reappoint Michael
G. Dhanens, term to expire April 17,
2001.
APPROVED
Bakersfield, California, March 26, 1997 - Page 4
APPOINTMENTS continued
ao
First Ballot
preference for
Position:
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Votes ranked by
the second Four-Year
- Wilson, Teeter, Lomas
- Nystrom, Teeter, Hersh
- Kemper
- Kemper, Wilson, Lomas
- Kemper, Teeter, Callagy
- Kemper
- Teeter, Carrasco, Callagy
city Clerk McCarthy announced the two
individuals receiving the highest
number of votes were Marti Kemper and
Betsy L. Teeter.
ACTION TAKEN
Second Ballot Votes for the second
Four-Year Position:
Ward 1 - Teeter
Ward 2 - Teeter
Ward 3 - Kemper
Ward 4 - Kemper
Ward 5 - Kemper
Ward 6 - Kemper
Ward 7 - Teeter
City Clerk McCarthy announced the
individual receiving the highest
number of votes was Marti Kemper.
Motion by Rowles to appoint Marti
Kemper, term to expire April 17, 2001.
APPROVED
First Ballot Votes ranked by
preference for the Alternate Position:
Ward 1 - Teeter
Ward 2 - Teeter
Ward 3 - Teeter
Ward 4 - Wilson, Lomas, Teeter
Ward 5 - Teeter, Wilson, Callagy
Ward 6 - Teeter
Ward 7 - Teeter, Stout, Lomas
City Clerk McCarthy announced the two
individuals receiving the highest
number of votes were Betsy L. Teeter
and John R. Wilson.
Bakersfield, California, March 26, 1997 - Page 5
7 o
APPOINTMENTS continued
Second Ballot Votes for the Alternate
Position:
Ward 1 - Teeter
Ward 2 - Teeter
Ward 3 - Teeter
Ward 4 - Wilson
Ward 5 - Teeter
Ward 6 - Teeter
Ward 7 - Teeter
City Clerk McCarthy announced the
individual receiving the highest
number of votes was Betsy L. Teeter.
ACTION TAKEN
Motion by Rowles to appoint Betsy L.
Teeter as Alternate, term to expire
April 17, 1998.
APPROVED
Three appointments to the Central
District Development Agency, due to
the expiration of terms of Yvonne M.
Cohrs and Albert R. Prince, terms
expiring April 22, 1997; and
resignation of Evelyn Jenkins, term
expiring April 22, 1999.
Motion by Rowles to reappoint Yvonne
M. Cohrs and Albert R. Prince, terms
to expire April 22, 2001.
APPROVED
One appointment to the Historic
Preservation Commission, due to the
expiration of term of Joanne Spencer-
Brown (Ward 1), term expiring March
30, 1997; and vacancy of Francia G.
Hernandez (Ward 6), term expiring
March 30, 1998
Motion by Rowles to appoint Susan A.
McKee (Ward 6), term to expire March
30, 1998; and Ann Sullivan (Ward 1),
terms to expire March 30, 2001.
APPROVED
CONSENT CALENDAR
Payments from March 1 to March 14,
1997 in the amount of $4,831,865.69
and Self Insurance payments from March
1 to March 14, 1997 in the amount of
$118,736.04.
Bakersfield, California, March 26, 1997 - Page 6
CONSENT CALENDAR continued
b. Minutes of the March 12, 1997 Council
Meeting.
Resolution of Intention No. 1158
declaring the City's intention to
merge 2 Interim Maintenance Districts
(Park West & Chester Avenue) into the
existing Consolidated Maintenance
District; preliminarily adopting,
confirming and approving the Public
Works Director's Report for the
Consolidated Maintenance District and
the 1997-98 Budget; and setting May 7
and 21, 1997 to hear public testimony.
Resolution making findings and
determination regarding unexpended
Park Acquisition and Development Fees.
Resolution approving the destruction
of certain obsolete City records,
documents, instruments, books and
papers, pursuant to Section 34090 et
seq. of the Government Code of the
State of California. (Finance
Department)
Resolution authorizing collection of
assessments for Assessment District
9 6-1 , Brimhall II/Spring
Meadows/Fairways/Campus Park, by the
Kern County Tax Collector.
Resolution ordering the summary
abandonment of the public utilities
easements in Lots 1 through 5
(inclusive) of Tract No. 4646. (Ward
7)
Resolution ordering territory
designated as Dennen No. 1 Annexation
annexed to the City of Bakersfield,
subject to confirmation by the
registered voters residing within the
affected territory. (Ward 7)
Agreement with Local Agency Formation
Commission to indemnify LAFCO for
detachment of Annexation Nos. 293
(Chester 1), 295 (California Avenue
5), 328 (Casa Loma 4), 336 (Chester
2), 349 (Wilson 4), 378 (Union 10) and
384 (Madison 1) from the Kern
Sanitation Authority. (Wards 1, 2 & 3)
ACTION TAKEN
RES 46-97
RES 47-97
RES 48-97
RES 49-97
RES 50-97
AGR 97-60
Bakersfield, California, March 26, 1997 - Page 7
CONSENT CALENDAR continued
Agreement with County of Kern for
shared cost of operating the
disposal/recycling Pilot Bulky Waste
Drop-off Program for Bakersfield Metro
Area residents.
Agreement with State of California,
Department of Transportation, for
striping bicycle lanes on various
streets.
Agreements with State of California,
Department of Transportation, for
Coffee Road widening, curb and gutter,
and construction of Separation of
Grade, Brimhall Road to Rosedale
Highway; and resurfacing Amherst
Street, Lakeview Street, Lansing
Drive, Mohawk Street and Westholme
Blvd. (Wards 1, 3 & 5)
Agreement with Kern-Tech, Inc. for
City to provide financial assistance
to purchase equipment to expand their
manufacturing and specialized tooling
business.
Agreement with Kern County Board of
Education for City to sell 20th and L
Street parking lot for $170,000.
(Ward 1)
Amendment No. 1 to Agreement No. 96-
175 with Gordon Special Services, dba
J&J Special Services, for
administration of the School Crossing
Guard Program.
Amendment No. 1 to Agreement No. 96-
212 with Hondo Inc. for sale of
compost.
Accept bid to award Contract to
ADAVCO, Inc. ($55,251.37) for
construction of Public Works basement
restroom addition. (Ward 2)
Appropriate $225,000 Sewer Enterprise
Fund balance to the Capital
Improvement Program in Assessment
District 94-2, Gosford Road and White
Lane, for payment of improvements
under Acquisition Agreement No. 94-
269. (Ward 4)
ACTION TAKEN
AGR 97-61
AGR 97-62
AGR 97-63
AGR 97-64
AGR 97-65
AGR 97-66
DEED 4682
AGR 96-175(1)
DELETED
AGR 97-67
Bakersfield, California, March 26, 1997 - Page 8
CONSENTCALENDAR continued
Sale of surplus 386 personal computers
to city employees.
t. 1997 Legislative Platform.
Appropriate $4,500 donations to the
Community Development Operating Budget
within the Community Development Block
Grant (CDBG) Fund. (Fair Housing
Poster/Essay Contest [$2,475], Looking
Good Neighborhood Festival [$2,025]).
Motion by Rowles to adopt Consent Calendar
Items (a) through (u) with the deletion of
Item p.
ACTION TAKEN
APPROVED
HEARINGS
Appeal by Roy Malohowski, representing
Helen Shanley and Betty Sadler, of
Board of Zoning Adjustment decision
approving an application of a 1-year
time extension by Alternative Programs
Inc. to commence construction of a
community corrections/booking facility
granting a conditional use permit at
650 South Oswell Street, File No. P95-
0017. (Ward 1)
Development Services Director Hardisty
provided background information.
Rowles announced abstention due to a
business relationship.
Hearing opened at 7:42 p.m.
The following individuals spoke in
opposition to staff recommendation:
Roy Malohowski, Greater Bakersfield
Legal Assistance, representing Helen
Shandley and Betty Sadler, and
submitted petitions with 2,816
signatures; Betty Sadler; Juan Rivera,
Field Representative for Pete Parra;
Hal Williams; Mary Leal; John
Pimienta, representing Hispanic
Minister's Alliance; and Bud Self,
Carpenter's Local 743.
RES 58-97
Bakersfield, California, March 26, 1997 - Page 9
HEARINGS continued
The following individuals spoke in
support of staff recommendation:
Teri Bjorn, Attorney, Clifford &
Brown, representing Alternative
Programs; and Durwood Sigrest,
representing Alternative Programs.
The following individuals spoke in
rebuttal (opposition) to staff
recommendation:
Roy Malohowski, Greater Bakersfield
Legal Assistance, representing Helen
Shandley and Betty Sadler; and Betty
Sadler.
Hearing closed at 8:07 p.m.
Motion by Carson to uphold the appeal
and reverse the decision of the Board
of Zoning Adjustment.
ACTION TAKEN
APPROVED
ABS ROWLES
Appeal by Jerry Hill of Planning
Commission decision approving Zone
Change and Specific Plan Amendment
P96-0494 (Ward 4): (Staff comments
from Development Services Director
Hardisty)
Ordinance amending Title 17 of
the Municipal Code and Zoning Map
No. 102-20 by changing the zoning
of 69 acres located at the
northwest corner of Rosedale
Highway (SR 58) and Coffee Road
from Regional Commercial to
Planned Commercial Development.
Resolution making findings,
approving Negative Declaration
and adopting text change
amendment to the Riverlakes Ranch
Specific Plan.
Development Services Director Hardisty
provided background information.
Hearing opened at 8:17 p.mo
Jerry Hill, appellant, spoke and
submitted a letter withdrawing his
appeal and supporting this project.
FR
RES 51-97
Bakersfield, California, March 26, 1997 - Page 10
HEARINGScontinued
Lee Jamieson, President, Hook
Development, spoke in support of staff
recommendation.
Hearing closed at 8:20 p.m.
Motion by McDermott to adopt
Resolution and give First Reading to
Ordinance, upholding the decision of
the Planning Commission with
amendments:
· add a barrier to deter access;
and
· street lights be synchronized
with the lights at Coffee and
Brimhall.
ACTION TAKEN
APPROVED
Kiosk Sign Program:
1. Urban Development Committee
Report No. 1-97.
Ordinance amending Sections
17.04.547, 17.60.060 B.1. and
17.60.070 A; and repealing
Section 17.60.020 D.4. of the
Municipal Code relating to
residential subdivision/project
directional signs.
Hearing opened at 8:29 p.m.
The following individuals spoke in
support of staff recommendation:
Barbara Martin, Building Industry
Association of Kern County; and David
Gay, Association of Realtors.
Hearing closed at 8:35 p.m.
FR
Motion by McDermott to accept Report APPROVED
and give First Reading to Ordinance.
Bakersfield, California, March 26, 1997 - Page 11
HEARINGS continued
Proposed financing for construction of
74 senior housing units by Canyon
Hills Senior Associates, located at
6701 Auburn Street (TEFRA):
Resolution authorizing the
issuance of Multi-Family Housing
revenue bonds, not to exceed $6
million, by the California
Statewide Communities Development
Authority.
Resolution approving and
directing execution of an amended
and restated Joint Exercise of
Powers Agreement relating to the
California Statewide Communities
Development Authority.
DeMond announced abstention due to
conflict due to source of income.
Rowles announced abstention due to
conflict due to his employer
involvement in this project.
Hearing opened at 8:40 p.m.
No one spoke at hearing.
Hearing closed at 8:40 p.m.
Motion by Smith to adopt Resolutions
and execution of necessary documents.
Resolution approving petition
submitted by Delfino Brothers for
cancellation of Williamson Act Land
Use Contract and certifying the
cancellation fee of $71,750. (Ward 6)
Hearing opened at 8:45 p.m.
No one spoke at hearing.
Hearing closed at 8:45 p.m.
Motion by Sullivan to adopt
Resolution.
ACTION TAKEN
RES 52-97
RES 53-97
AGR 97-68
APPROVED
ABS ROWLES
DEMOND
RES 54-97
APPROVED
Bakersfield, California, March 26, 1997 - Page 12
10.
REPORTS
Mayor Price announced a recess at 8:48 p.m.
and reconvened the meeting at 8:58 p.m.
ACTION TAKEN
11 · DEFERRED BUSINESS
Site Plan Review Ordinances: (First
reading 3/12/97)
Ordinance amending Section
17.53.040, Section 17.53.051 and
Section 17.53.060 A., B., D. and
I of the Municipal Code relating
to site plan review.
Ordinance amending Section
17.54.020 of the Municipal Code
relating to permitted uses in the
Planned Commercial Development
Zone.
Ordinance amending Section
17.22.020 of the Municipal Code
relating to permitted uses in the
C-1 Neighborhood Commercial Zone.
Ordinance amending Section
17.64.030 of the Municipal Code
relating to the authority of the
Board of Zoning Adjustment.
ORD 3751
ORD 3752
ORD 3753
ORD 3754
6o
PUBLICSTATEMENTScontinued
The following individuals spoke
regarding the Site Plan Review
Ordinances:
Renee Donato Nelson, Jill Kleiss and
Ann Anderson.
(Public Statements continued on Page 14)
11. DEFERRED BUSINESS continued
Motion by McDermott to adopt
Ordinances.
Ordinance amending Section 17.60.030
D. 1. of the Municipal Code relating
to notice for comprehensive sign
plans. (First reading 3/12/97)
APPROVED
NS DEMOND
SALVAGGIO
Bakersfield, California, March 26, 1997 - Page 13
11. DEFERRED BUSINESS continued
Motion by Salvaggio to refer to Urban
Development Committee for further
study and report back.
ACTION TAKEN
APPROVED
Resolution of Necessity declaring the
public interest and necessity for
taking, by eminent domain, certain
real property required for the
widening of the intersection at
Truxtun Avenue and Oak Street. (Ward
5)
Rowles announced abstention from
Deferred Business Item c. and New
Business Item a. due to employer
involvement.
RES 55-97
Public Works Director Rojas provided
background information.
Motion by DeMond to adopt Resolution
of Necessity, provided left-turn
movements from Truxtun Avenue into the
existing driveways for the
TransAmerica/Commonwealth Title
complex and the Mini Storage Facility
are not precluded.
APPROVED
ABS ROWLES
12. NEW BUSINESS
a. Convention Center Expansion (Ward 2):
McDermott clarified New Business Item
a. was meant to be a discussion of all
the submitted proposals and the
discrepancy that was discovered after
the agenda was posted.
City Manager Tandy provided background
information and distributed written
material entitled "Issues Outstanding"
and an overhead slide presentation,
with additional comments by City
Attorney Skousen.
Motion by McDermott to add a New
Business item, replacing Agenda Item
12.a., that arose after the agenda was
posted and requires action this
evening.
FAILED
NS CARSON
DEMOND
SALVAGGIO
ABS ROWLES
Bakersfield, California, March 26, 1997 - Page 14
12. NEW BUSINESS continued
Agreement for Guaranteed Maximum Price
(GMP) for design and construction of
Convention Center Area.
ACTION TAKEN
PUBLIC STATEMENTS continued
Doug Zimmerman, Executive Secretary,
Building Trades, spoke urging Council
to proceed with the project.
(Public Statements continued on Page 15)
12. NEW BUSINESS continued
1. Agreement with Colombo/Turner NAT
Joint Venture ($32 million) for
guaranteed maximum price for the
design and construction.
Resolution approving, authorizing
and directing execution of
certain Lease Financing
Documents; authorizing the
preparation, execution and
delivery and distribution of a
Final Official Statement;
approving and authorizing
execution of Purchase Contract;
and authorizing and directing
additional actions to implement
the proposed lease financing
($40.3 million).
Resolution approving, authorizing
and directing execution of
Reimbursement Agreement with
Central District Development
Agency.
Agreement with Rossetti &
Associates Architects ($560,000)
for project oversight and
management, Phase 2, during
construction.
Purchase Agreement with John
Centoni for City to purchase real
property ($102,296) located south
of 14th Street between N and O
Streets.
RES 56-97
AGR 97-69
AGR 97-70
AGR 97-71
AGR 97-72
AGR 97-73
RES 57-97
AGR 97-74
NAT
AGR 97-75
DEED 4683
Bakersfield, California, March 26, 1997 - Page 15 .3 ~ ,
12.
NEW BUSINESS continued
a. Motion by Salvaggio
Fallgatter to speak.
to recognize Tom
ACTION TAKEN
APPROVED
ABS ROWLES
PUBLIC STATEMENTS continued
go
Tom Fallgatter, Attorney, Colombo
Construction Company, and representing
Turner Construction as Colombo
Construction's partner, spoke
regarding the Colombo/Turner
Agreement. (Item 12.a.1.)
12.
NEW BUSINESS continued
a. Motion by DeMond
question.
to call for the
APPROVED
ABS ROWLES
Motion by DeMond: Based on the number
and the importance of the unresolved
issues with Colombo/Turner as
presented by staff, Council finds
negotiations with Colombo/Turner to be
at an impasse and further finds that
Colombo/Turner is not able to meet the
City's requirements as to price and/or
agreement terms; therefore, staff is
instructed to finalize negotiations
with ARB/PCL for an agreement to
design/build the Convention Center
Expansion, Arena, for a guaranteed
maximum price of no more than $29
million; and staff shall bring the
final agreement and guaranteed maximum
price proposal to Council for
ratification at the next meeting.
APPROVED
ABS ROWLES
Motion by McDermott to approve New APPROVED
Business Items a.2., 3. and 5. ABS ROWLES
14. COUNCILSTATEMENTS
DeMond received a letter from Mr.
Bertolucci regarding flooding on 17th
Street and requested Public Works determine
a resolution to this problem.
Bakersfield, California, March 26, 1997 - Page 16
14. COUNCIL STATEMENTS continued
smith requested staff provide criteria for
granting or denying delays requested by
applicants for projects. City Attorney
Skousen suggested she propose a policy and
bring back to Council.
ACTION TAKEN
Smith requested an alignment at Commanche
and Alfred Harrell Highway.
Carson requested Development Services
Director Hardisty check for a violation
regarding Neptune Society's conditional use
permit in using the word 'cremation' on
their sign.
Carson announced a meeting of Oleander
Sunset and Garden Club regarding the
traffic islands on Oleander.
Carson remarked on the continuous acts of
violence in Southeast Bakersfield; and
urged Council support for funding for law
enforcement resources.
Sullivan commented on solutions for
violence.
Sullivan requested a memo regarding
procedures on the Site Plan Review process.
Sullivan requested a memo regarding street
corner vendors (ie. business licenses,
control), which creates unfair competition
for small businesses.
Salvaggio requested Building Department
remove an abandoned food/fruit stand on So.
Union and Panama Lane.
Salvaggio thanked Public Works Director
Rojas for the memo to City Manager Tandy
regarding minor street repairs on Chester
Avenue between Brundage Lane and Richland
Street; and requested the street be checked
for major repair work.
Bakersfield, California, March 26, 1997 - Page 17
13. COUNCIL STATEMENTS continued
Salvaggio referred an L.A. Times newspaper
article to City Attorney Skousen regarding
sidewalk vending machines containing adult
literature; and requested staff find out if
Bakersfield's sidewalk adult literature
vending machines can legally be taken off
the street and placed in an enclosed area.
ACTION TAKEN
DeMond suggested when staff is responding
to Sullivan, they might consider checking
with Treasurer Descary on the street vendor
issue.
14. ADJOURNMENT
Motion by DeMond to adjourn at 11:00 p.m.
APPROVED
MAYOR B~ PR~%E of the City of Bakersfield,
CA
AzT~,EST:
,/ /~ ,, --
CITY CLERK and EX-O~ICIO CLERK of the
Council of the City of Bakersfield, CA