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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