HomeMy WebLinkAbout05/21/1997 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 21, 1997
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent
Mayor Price, Rowles (seated at
6:30), Carson (seated at 5:28),
DeMond, McDermott, Sullivan
(seated at 5:25), Salvaggio
Councilmember Smith
Bakersfield Convention Center Expansion
Project.
city Manager Tandy provided introductory
information regarding and introduced Gino
Rossetti, Rossetti and Associates, who
provided an update and slide presentation.
Salvaggio requested a written response with
a definitive answer to Council regarding
PCL and ARB doing a project agreement.
city Manager Tandy introduced Andrew Curd,
Regional Vice-President of PCL, who
responded to Council questions.
Motion by DeMond to recess to Closed
Session at 6:25 p.m.
APPROVED
AB SMITH
CLOSED SESSION
Conference with Legal Counsel - Potential
Litigation. Significant exposure to
litigation pursuant to Government Code
Section 54956.9(b). One potential case.
Conference with Legal Counsel - Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9(a) in the
case of Mario Rios vs. City of Bakersfield
and Lisa Lerman, Kern Superior Court Case
No. 230307-SPC.
CITY ATTORNEY
RECEIVED
DIRECTION
CITY ATTORNEY
RECEIVED
DIRECTION
Motion by McDermott to adjourn from Closed APPROVED
Session at 6:40 p.m. AB SMITH
Bakersfield, California, May 21, 1997 - Page 2
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Don Leonard, Manor Board, First Assembly of God
Church
2. PLEDGE OFALLEGIANCE by Irma Carson
3. ROLL CALL
ACTION TAKEN
Present: Mayor Price, Rowles, Carson,
DeMond, McDermott, Sullivan,
Salvaggio
Absent Councilmember Smith
CLOSEDSESSIONACTION
Mayor Price announced Closed Session Action
as reflected on Page 1.
5. PRESENTATIONS
Mayor Price presented a retirement
plaque to General Services
Superintendent and Airport Manager
Larry Jamison for 33-1/2 years of
service to the city of Bakersfield.
PUBLIC STATEMENTS
Sebastian Obuni invited Mayor and
Council to the African Association
luncheon at the YWCA, May 31, 1997,
12:00 p.m. to 7:00 p.m.
Mayor Price presented a proclamation
to Mr. Obuni, congratulating the
African Association of Kern County.
Tony Martinez and Debbie Taylor
presented and read a letter from
Governor Pete Wilson to Mayor Price
regarding Christmas in April; and
submitted written material.
Pat McGovern spoke regarding Consent
Calendar Item 8.p. and provided
written material.
7. APPOINTMENTS
Bakersfield, California, May 21, 1997 - Page 3
CONSENT CALENDAR
Payments from April 26 to May 9, 1997
in the amount of $4,936,527.55; and
Self Insurance payments from April 26
to May 9, 1997 in the amount of
$90,798.68.
b. Minutes of the May 7, 1997 Council
Meeting.
c. Dedication of Property:
Utility Easement to P.G.& E.
located on the north side of East
Belle Terrace Avenue, 750 feet
west of Mt. Vernon Avenue. (Ward
1)
Utility Easement to P.G.& E.
located on the east side of
Seaward Drive south of Olive
Drive. (Ward 4)
Resolution authorizing acceptance of
funds from the Grant Assistance to
Local Law Enforcement Agencies Project
administered by Alcoholic Beverage
Control (ABC).
Resolutions for inclusion into the
City Council Policy and Procedure
Manual.
Resolution authorizing deferral of
assessment for parcel within
Assessment District No. 91-1, Hosking
Trunk Sewer. (Wards 6 & 7)
g. Automated Refuse/Greenwaste Program:
Resolution determining that
refuse and greenwaste carts for
accelerating automation cannot be
reasonably obtained through usual
bidding procedures and
authorizing the Finance Director
to dispense with bidding, not to
exceed $330,000.
Appropriate $260,000 from Fund
Balance to the Operating Budget
within the Refuse Fund.
ACTION TAKEN
DEED 4714
DEED 4715
RES 77-97
REMOVED FOR
SEPARATE
CONSIDERATION
RES 78-97
RES 79-97
Bakersfield, California, May 21, 1997 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
h. Tract Maps and Improvement Agreements:
Final Map and Improvement
Agreements with Dandy and
Associates for Tract 5861, Unit
1, south of Hosking Avenue and
west of Akers Road. (Ward 6)
AGR 97-115
AGR 97-116
Final Map and Improvement
Agreements with Kyle Carter
Homes, Inc. for Tract 5418, Unit
3, northeast corner of Noriega
Road and Verdugo Lane. (Ward 4)
AGR 97-117
AGR 97-118
Final Map and Improvement
Agreements with Castle & Cooke
California, Inc. for Tract 5680,
Phase B, east side of Calloway
Drive and south of Brimhall Road.
(Ward 4)
AGR 97-119
AGR 97-120
Final Map and Improvement
Agreement with Delfino Brothers
for Tract 5528, Phase 5, south of
Panama Lane and east of Akers
Road. (Ward 6)
AGR 97-121
Final Map and Improvement
Agreement with Castle & Cooke
California, Inc. for Tract 5838,
Phase A, south of Stockdale
Highway and west of Old River
Road. (Ward 4)
AGR 97-122
Preparation of Environmental Impact
Report for the Cardiac Hospital on
Sillect Avenue (Ward 5):
ROWLES ABSTAINED
DUE TO CONFLICT
Amendment No. 1 to Agreement No.
96-345 with Cornerstone
Engineering; and appropriate
$47,960 developer share, to the
Development Services Operating
Budget in the General Fund.
AGR 96-345(1)
Amendment No.
96-346 with
Associates.
1 to Agreement No.
Robert Verlaan
AGR 96-346(1)
Consent to Common Use Agreement
between City of Bakersfield, Chevron
Pipeline Company and Chevron U.S.A.
Inc., east of Riverlakes Drive and
south of Northshore Drive. (Ward 4)
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 97-123
121
Bakersfield, California, May 21, 1997 - Page 5
CONSENTCALENDAR continued
Consent by Grantor of an Assignment of
License from Union Oil Company to
Unocal California Pipeline Company for
crossing of canal by oil pipeline.
(Ward 2)
Accept bid to award Contract to Loop
Electric Company ($28,424) for traffic
signal semi-actuation upgrade on F
Street at 17th, 18th, 19th and 21st
Streets. (Ward 2)
Accept bid to award Contract to A-C
Electric Company ($72,227) for
installation of traffic signal and
lighting system on Flower Street at
Owens Street. (Ward 2)
Accept bid to award Contract to
Griffith Company ($51,975) for
reconstruction of sidewalks and drive
approaches, Phase II. (Ward 2)
Accept bid to award Contract to
Sturgeon & Son, Inc. ($149,998.59) for
construction of irrigation storage
reservoir for Wastewater Treatment
Plant No. 2 Farm; and appropriate
$80,000 Sewer Enterprise Fund Balance
to the Capital Improvement Budget
within the Sewer Enterprise Funds.
(Ward 1)
Reject all bids for the construction
of Buena Vista Trunk Sewer, Phase I;
and Buena vista Road between White
Lane to Stockdale Highway. (Ward 4)
Appropriate $100,000 Fund Balance to
the Public Works Operating Budget
within the Gas Tax Fund for
Preventative Street Maintenance
Program materials and supplies.
Request from Kern County Farm Bureau
to acquire and relocate Chamber of
Commerce Building. (Ward 2) (Staff
recommends Council approve in concept
and direct to staff to prepare
necessary agreements)
So
Submittal of Statement of Intention to
the General Services Administration
regarding 800 Truxtun Avenue. (Ward 2)
ACTION T~EN
AGR 97-124
CON 97-125
CON 97-126
CON 97-127
CON 97-128
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, May 21, 1997 - Page 6
CONSENT CALENDAR continued
Motion by Rowles to adopt Consent Calendar
Items a. through so with the exception of
Items e. and r. and corrections to Item b.;
Rowles abstained on Items i. and j. due to
applicant having business relationship with
employer.
ACTION TAKEN
APPROVED
AB SMITH
Resolutions for inclusion into the
City Council Policy and Procedure
Manual.
Motion by McDermott to adopt Consent
Calendar Item e.:
Policy Resolution on the use of road
undulations for traffic speed control;
Policy Resolution adopting a procedure
for the City's budget process;
Policy Resolution adopting a procedure
for requests for transcripts;
Policy Resolution adopting a procedure
for establishing a City Council agenda
plan, with the deletion of Section 3
of this resolution; and
Delete Policy Resolution requiring
dissemination of written materials to
all Councilmembers.
APPROVED
NS SALVAGGIO
AB SMITH
Request from Kern County Farm Bureau
to acquire and relocate Chamber of
Commerce Building. (Ward 2) (Staff
recommends Council approve in concept
and direct to staff to prepare
necessary agreements)
Motion by DeMond to adopt Consent
Calendar Item r. with necessary
documents being brought back for
adoption.
APPROVED
AB SMITH
Bakersfield, California, May 21, 1997 - Page 7
9e
HEARINGS
a. Abatement of Public Nuisance:
Resolution confirming the report
of the Chief Code Enforcement
officer regarding assessments of
properties for the abatement of
weeds, debris and waste matter.
(Wards 1, 2, 3, 5 & 7)
Resolution confirming the report
of the Chief Code Enforcement
Officer regarding assessments of
properties for which dangerous
buildings have been demolished or
secured against entry. (Wards 1 &
2)
Resolution confirming the report
of the Chief Code Enforcement
officer regarding assessments of
properties for which structures
have been secured against entry
to abate property maintenance
public nuisances. (Ward 1)
Hearing opened at 7:28 p.m.
The following individuals spoke in
opposition to staff recommendation:
Christal Hallisey, west of 7000
College; and Emma Young, 119 Hayes.
Hearing closed at 7:33 p.m.
Motion by DeMond to adopt resolutions.
Public hearing to consider Residential
Refuse Rate adjustment for Fiscal Year
1997-98.
Correspondence was received from 29
property owners in protest, and 4 in
support, which will be placed in
Council packets for the protest
hearing of June 11th.
Mayor Price announced this is the
first of two hearings held on this
issue, with no action this evening.
The protest hearing will be held June
11, 1997.
ACTION TAKEN
RES 84-97
RES 85-97
RES 86-97
APPROVED
AB SMITH
Bakersfield, California, May 21, 1997 - Page 8
9e
HEARINGS continued
Public Works D~ctor Rojas provided
background information.
Hearing opened at 7:40 p.m.
The following individuals spoke in
opposition to staff recommendation:
Manuel Escalante; John Frassel, and
provided written material.
Hearing closed at 7:44 p.m.
McDermott suggested next year's notice
also include information regarding
senior citizen discounts.
ACTION TAKEN
Appeal by Greg Owens of the Board of
Zoning Adjustment decision to deny a
conditional use permit allowing
construction of 2 homes in a Light
Manufacturing Zone District at 515
Kentucky Street. (P97-0066) (Ward 2)
Hearing opened at 7:50 p.m.
No one spoke at hearing.
Motion by DeMond to continue the
hearing to the meeting of August 20,
1997.
APPROVED
AB SMITH
Protest hearing as required by
Resolution of Intention No. 1158
regarding merging of 2 Interim
Maintenance Districts into, and
assessments for, the Consolidated
Maintenance District, approving and
adopting the Public Works Director's
Report and the 1997-98 Budget,
confirming the assessments and
authorizing collection of assessments
by the Kern County Tax Collector.
Correspondence was received in protest
from approximately 10 property owners.
Hearing opened at 7:52 p.m.
Pepi Rogers spoke regarding lighting
in Tevis Park, and submitted pictures.
Hearing closed at 7:55 p.m.
Bakersfield, California, May 21, 1997 - Page 9
9e
HEARINGScontinued
d. Motion by
resolution.
McDermott to adopt
ACTION TAKEN
APPROVED
AB SMITH
Public hearing to consider a
resolution of necessity declaring the
public interest and necessity for
taking, by eminent domain, certain
real property required for further
completion of the Kern River Parkway
and Yokuts Park Development. (Wards 2,
4 & 5)
city Attorney Judy Skousen provided
background information and advised
that Parcels 1 and 2 will not move
forward unless the city receives a
grant adequate to pay for purchase of
the properties.
Hearing opened at 7:59 p.m.
The following individuals spoke in
opposition to staff recommendation:
Melvin Magnus, representing Fred
Jones; and Fred Jones.
Hearing closed at 8:05 p.m.
Hearing re-opened at 8:06 p.m.
Mr. Magnus spoke regarding Parcels 3
and 4.
Hearing closed at 8:07 p.m.
Motion by Rowles to adopt resolution
for Parcels 3 and 4 only.
RES 88-97
APPROVED
AB SMITH
Motion by McDermott to bring Deferred
Business and New Business forward on
the agenda.
APPROVED
AB SMITH
11. DEFERRED BUSINESS
Ordinance adding Chapter 17.63 and
Sections 17.48.040B.6., 17.50.020G.
and 17.52.020A.17.; and amending
Sections 17.04.330 and 17.10.020E. of
the Bakersfield Municipal Code
relating to home occupations. (First
reading 5/7/97)
ORD 3768
Bakersfield, California, May 21, 1997 - Page 10
11. DEFERREDBUSINESS continued
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 103-31 from Limited Multiple
Family Dwelling (600 square feet per
dwelling,unit) to General Commercial
on 1.9 acres, located on the east side
of Pershing Street between California
Avenue and the intersection of 10th
Street. (GPA/ZC P96-0777) (Ward 1)
(First reading 5/7/97)
Co
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-19 from Estate Residential
(10,000 square feet per dwelling unit)
to Planned Commercial Development on
15.45 acres and from Estate
Residential to Regional Commercial on
1.89 acres, located on the west side
of Calloway Drive between Meacham Road
and Rosedale Highway (State Route 58).
(GPA/ZC P97-0052) (Ward 4) (First
reading 5/7/97)
d. Lease/Rental of City-Owned Property:
Ordinance amending Section
3.20.126 of the Bakersfield
Municipal Code relating to lease
of spaces in City-owned parking
facilities, downtown business
properties and property at the
Bakersfield Municipal Airport.
(First reading 4/3/97)
Resolution adopting rental fees
for the rooftop of the 18th and
Eye Street Parking Structure.
(Ward 2)
Motion by McDermott to adopt Deferred
Business Items a. through d.
ACTION TAKEN
ORD 3769
ORD 3770
ORD 3771
RES 89-97
APPROVED
AB SMITH
12. NEW BUSINESS
Ordinance repealing Section 15.64.200
of the Bakersfield Municipal Code
relating to nozzles.
FR
Bakersfield, California, May 21, 1997 - Page 11
10.
REPORTS
City Manager Oral Report No. 4-97 for
City Attorney and Finance Department
1997-98 Proposed Budget Presentations.
City Attorney
City Attorney Skousen provided an
overview, computer overhead
presentation and distributed written
material on the proposed budget.
Finance Department
Finance Director Klimko provided an
overview, computer overhead
presentation and distributed written
material on proposed budget
ACTION TAKEN
13. COUNCIL STATEMENTS
Salvaggio requested Public Works Director
Rojas provide a memo to Council regarding
Dewey Sorensen's inquiry pertaining to
sewer hookups to homes facing the south
side of Planz Road between Hughes Lane and
Mesa Grande and his request for a new
septic system.
Salvaggio requested Development Services
Director Hardisty provide him with a copies
of correction notices and property owner
names regarding vacant houses at 3012 Dell
Avenue; and the property on the south side
of Woolard Drive at Hughes Lane; and
requested he be advised if Stan Brewer has
been notified about the weed problem on
his property located behind Benton Park
Shopping Center.
DeMond requested Public Works Director
Rojas provide a status report regarding the
street light situation at Highway 178 and
Beech Street.
DeMond inquired from Development Services
Director Hardisty if he had been contacted
regarding permits allowing Manual's Auto
Body shop, east of Union Avenue, to run
waterlines and plant trees.
Bakersfield, California, May 21, 1997 - Page 12
13. COUNCIL STATEMENTS continued
DeMond provided Public Works Director Rojas
with pictures showing standing water and no
tie-in or curbs at Douglas Truck Bodies,
Inc., 231 21st Street; requested she be
advised of where the water is coming from.
ACTION TAKEN
DeMond requested staff respond bagk. on the
gutter situation at 615 Myrtle. ~ '
DeMond requested staff respond back on the
4-way stop sign request at Pine and
SfaceRa.
Rowles thanked Development Services
Director Hardisty for updates on the noise
issue on New Stine Road; and Public Works
Director Rojas for street repaving at Kern
City; and requested he be notified 1 month
prior to any construction/paving in Kern
City.
DeMond requested staff investigate the
standing water off Chester Avenue by
Tapa's, making sure the lines are adequate
prior to commencement of the streetscape
projects.
Rowles thanked Streets Division staff for
coordinating the repaving efforts downtown
with the businesses.
14. ADJOURNMENT
Motion by Rowles at 8:45 p.m. APPROVED
AB SMITH
MAYO~ BOB PRICE of the City of Bakersfield, CA
A~T: .
CITY CLERK and Ex offic~ Clerk of the
C~yO~.cMi~N1 of the City of B~kersfield, CA