HomeMy WebLinkAbout08/21/1996 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 21, 1996
WORKSHOP - 5:15 P.M· - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
DeMond (seated at 5:51), Carson,
McDermott (seated at 5:50),
Sullivan, Salvaggio (seated at
5:38)
Councilmembers Smith, Rowles
CALIFORNIA INTER-CITY HIGH
BETWEEN SAN FRANCISCO AND
BAKERSFIELD.
SPEED RAIL SERVICE
LOS ANGELES THROUGH
Development Services Director Hardisty introduced
Dan Leavitt, Executive Director, California High
Speed Rail Commission, who provided a slide
presentation regarding the implementation plan
for State of California.
Motion by DeMond to recess to Closed Session at
5:45 p.m.
APPROVED
AB SMITH
CLOSED SESSION
Conference with Legal Counsel - Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9(a) in the
case of Scott Stafford rs. City of
Bakersfield, et al., Kern County Superior
Court Case No. 231642-RA.
2 o
Conference with Legal Counsel - Potential
Litigation. Significant exposure to
litigation pursuant to Government Code
Section 54956.9(b). Two potential cases.
Acting City Clerk McCarthy announced Closed
Session Item 2. is now one potential case;
the other case is now actual litigation
which is now Closed Session Item 5.
CITY ATTORNEY WAS
GIVEN INSTRUCTION
CITY ATTORNEY
PROVIDED UPDATE
Bakersfield, California, August 21, 1996 - Page 2
CLOSED SESSION continued
ACTION TAKEN
3 o
Conference with Legal Counsel - Potential
Litigation. Initiation of litigation
pursuant to Government Code Section
54956.9(o). Three potentlal cases.
Conference with Real Property Negotiator
pursuant to Government Code Section 54956.8
concerning property located at 515 Truxtun
Avenue; and property located at L & M
Streets. Negotiating parties: City of
Bakersfield (Alan Tandy) and Morgan
Corporation (Terry Moreland, et al.). Under
negotiation= All terms.
Conference with Legal Counsel - Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9(a) in the
case of Jacquie Sullivan rs. City of
Bakersfield et al., Kern County Superior
Court Case NO. 231869.
UPDATE RECEIVED;
CITY ATTORNEY
RECEIVED
INSTRUCTION
CITY MANAGER
RECEIVED
INSTRUCTION
UPDATE RECEIVED
Motion by DeMond to adjourn Closed Session at APPROVED
6:58 p.m. AB SMITH
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
~N¥OCAT~ON by Kathy Megazzi, Vice Principal, First Assembly of
God Church.
2. PLEDGE OF ALLEGIANCE
3. ROLLCALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
DeMond, Carson, McDermott,
Rowles, Sullivan, Salvaggio
Councilmember Smith
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action
as reflected on Pages 1 and 2.
Bakersfield, California, August 21, 1996 - Page 3
5. PRESENTATIONS
ACTION TAKEN
e
PUBLIC STATEMENTS
a. Ruth Gelman spoke regarding Old
Stockdale annexation.
b. Carol Miranda spoke regarding park
feeding ordinances (Nos. 3720 & 3721).
(Public Statements continued on Page
11)
APPOINTMENTS
ae
One appointment to Metropolitan
Bakersfield Habitat Conservation Plan
Implementation Trust Group due to the
expiration of term of Charles Tolfree,
term expired August 1, 1996.
Motion by DeMond to readvertise for a
City resident.
APPROVED
AB SMITH
CONSENTCALENDAR
am
Payments from July 27 to August 9,
1996 in the amount of $3,682,856.08;
and Self Insurance payments from July
27 to August 9, 1996, in the amount of
$240,100.73o
Minutes of the Closed Session and
Regular Meeting of August 7, 1996.
Contract Change Order No. 1 ($66,300)
to Contract No. 96-170 with Turman
Construction Company Inc. for the Ming
Avenue Sewer Rehabilitation Project;
and appropriate $66,300 from the Sewer
Enterprise Fund Balance to the Capital
Improvement Budget within the Sewer
Enterprise Fund. (Wards 1 & 7)
do
Contract Change Order No. 1 to
Contract No. 96-183 with Griffith
Company for Stockdale Highway and
California Avenue Intersection
Widening Project; and appropriate
$55,570 from Road and Bridge Bond Fund
Balance to the Capital Improvement
Budget within the Road and Bridge
Fund. (Ward 5)
Bakersfield, California, August 21, 1996 - Page 4
8. CONSENT CALENDAR continued
ACTION TAKEN
Resolution of Intention No. 1150
declaring the City's intention to
establish Interim Maintenance District
No. 4-11, (Chester Avenue)
preliminarily adopting, confirming and
approving Public Works Director's
Report. (Ward 2)
Resolution naming the future
neighborhood park north of McKee Road
at Akers Road and Whitegate Avenue
"Stonecreek Park". (Ward 6)
Resolution in opposition to repealing
Section 190 of the Streets and
Highways Code (SB 1505) regarding at-
grade crossings.
Setting hearings to consider a
Resolution proposing fee of $3.95 per
month per cart for additional
residential automated refuse carts.
Assessment District No. 96-1 Brimhall
II, Spring Meadows, Fairways I and
Campus Park (Ward 4):
Resolution accepting petition and
determining to undertake special
assessment proceedings.
2. Resolution approving boundary
map.
Resolution approving Agreement
with Orrick, Herrington &
Sutcliffe for legal services.
Resolution approving Consultant's
Agreement with Wilson &
Associates for assessment
engineer services.
5. Resolution of Intention No. 1151
6o
Agreement with Haight & Weist for
legal services as Disclosure
Counsel.
REMOVED FOR
SEPARATE
CONSIDERATION
RES 96-96
RES 97-96
REMOVED FOR
SEPARATE
CONSIDERATION
MCDERMOTT
ANNOUNCED
ABSTENTION
DUE TO CONFLICT
RES 98-96
RES 99-96
RES 100-96
AGR 96-230
RES 101-96
AGR 96-231
AGR 96-232
Bakersfield, California, August 21, 1996 - Page 5
8. CONSENT CALENDAR continued
ACTION TAKEN
Consultant Agreements for Buena Vista
Road Sewer Trunk Line, Phase 2; and
Allen Road Sewer Trunk Line (Ward 4):
Consultant Agreement with Carollo
Engineers ($58,200) for
engineering study services for
Buena Vista Road Sewer Trunk
Line, Phase 2; and Allen Road
Sewer Trunk Line.
Consultant Agreement with Martin-
Mcintosh ($122,100) for
engineering design services on
the Buena Vista Road Sewer Trunk
Line, Phase 2.
Consultant Agreement with Porter-
Robertson ($190,000) for
engineering design services on
the Allen Road Sewer Trunk Line.
Agreement with Sutro & Co. for
underwriting services for Assessment
District 96-1 (Brimhall II, Spring
Meadows, Fairways I and Campus Park);
and Assessment District 96-2 (Allen
Road Trunk Sewer). (Ward 4)
Tract Maps and Improvement Agreements:
Final Map and Improvement
Agreement with Castle & Cooke
California Inc. for Tract 5425,
Phase A, located east of Buena
Vista Road and north of Ming
Avenue. (Ward 4)
Final Map and Improvement
Agreements with Castle & Cooke
California Inc. for Tract 5425,
Phase B, located east of Buena
Vista Road and north of Ming
Avenue. (Ward 4)
Agreement to Purchase Reservation
of Real Property and Improvement
Agreement with Castle & Cooke
California Inc. for Parcel Map
10263, located north of Stockdale
Highway and east of Allen Road.
(Ward 4)
DELETED
MCDERMOTT
ANNOUNCED
ABSTENTION
DUE TO CONFLICT
AGR 96-233
AGR 96-234
AGR 96-235
AGR 96-236
AGR 96-237
Bakersfield, California, August 21, 1996 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
Agreement with Greenfield Union School
District for maintenance of Stormwater
Retention Basin located at Faith
Avenue and Centaur Street, adjacent to
William A. Kendrick School. (Ward 7)
Agreement between City of Bakersfield,
Chevron Products Company and North
Kern Water Storage District for the
discharge of treated refinery
wastewater into the Beardsley-Lerdo
Canal System.
Amendment No. 2 to Agreement No. 87-18
with Nestle Ice Cream Company
($764,308) for additional permanent
wastewater treatment capacity. (Ward
6)
Agreement with Bakersfield
Firefighters Burn Foundation to
indemnify and hold harmless, to waive
liability and to accept transfer of
property from City without warranty.
(Hurst Rescue System Tool)
Agreement to indemnify the Local
Agency Formation Commission (LAFCO)
for Washington No. 1 Annexation,
Annexation No. 388, Proceeding No.
1203, located east of Washington
Street, south of Edison Highway. (Ward
1)
Agreement to indemnify the Local
Agency Formation Commission (LAFCO)
for Olive Drive No. 2 Annexation,
Annexation No. 389, Proceeding No.
1204, located at the southwest corner
of Fruitvale Avenue and Olive Drive.
(Ward 4)
Agreement with Tiburon Inc. for
software maintenance on the Police
Department Computer-Aided Dispatch
(CAD) System from July 1, 1996 through
June 30, 1997.
AGR 96-238
AGR 96-239
AGR 96-240
AGR 96-241
AGR 96-242
AGR 96-243
AGR 96-244
Bakersfield, California, August 21, 1996 - Page 7
8. CONSENTCALENDAR continued
ACTION TAKEN
Agreements (2) with Hall Ambulance
Service, Inc. and with Golden Empire
Ambulance for participation in City of
Bakersfield Traffic Signal Preemption
System; and appropriate $26,750 in
Ambulance Company Contributions to
Capital Improvement Project No. T6K054
within the Capital Outlay Fund.
Agreement with 1701 Oak Partnership
for City to purchase real property
($8,960) located on the south side of
Truxtun Avenue, 300 feet west of Oak
Street. (Ward 5)
Agreement with Kern County Board of
Supervisors for City to purchase eight
tax-defaulted properties to sell to
various non-profit and for-profit home
building agencies.
Agreement with Clifford & Bradford
Insurance Agency, representing CNA
Insurance, to provide life insurance
coverage to City employees.
Accept bid to award Annual Contract to
Granite Construction (not to exceed
$606,418.31) for street materials to
repair street surfaces.
Accept low bid to award Contract to
A.D. & D. Flooring ($146,876) for
installation of Police Station floor
coverings; and appropriate $75,000
General Fund Balance to the Capital
Improvement Budget within the Capital
Outlay Fund. (Ward 2)
Ze
Modification of timeline relating to
Section 804 of the Disposition and
Development Agreement with John Q.
Hammons Hotels.
Motion by DeMond to adopt Items (a) through
(z) of Consent Calendar; with the exception
of Items e., h. and z. and the deletion of
Item j; Rowles abstaining on Item u. due to
business relationship with employer; and
McDermott abstaining on Items i. and k. due
to owning property nearby.
AGR 96-245
AGR 96-246
ROWLES
ANNOUNCED
ABSTENTION DUE TO
CONFLICT
AGR 96-247
DEED 4519
AGR 96-248
AGR 96-252
AGR 96-253
AGR 96-254
DEEDS 4520 -
4535
AGR 96-249
CON 96-250
CON 96-251
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
AB SMITH
Bakersfield, California, August 21, 1996 - Page 8
8. CONSENTCALENDAR continued
ACTION TAKEN
eo
Resolution of Intention No. 1150
declaring the City's intention to
establish Interim Maintenance District
No. 4-11, (Chester Avenue)
preliminarily adopting, confirming and
approving Public Works Director's
Report. (Ward 2)
Rowles requested staff provide Council
with maps/responses at the conclusion
of public hearings on maintenance
districts.
he
Motion by DeMond to adopt Item e.
Consent Calendar.
of APPROVED
NS CARSON
AB SMITH
Setting hearings to consider a
Resolution proposing fee of $3.95 per
month per cart for additional
residential automated refuse carts.
Motion by Salvaggio to adopt Item h.
of Consent Calendar, setting the
hearing.
Salvaggio requested material the Ad
Hoc Refuse Committee was provided with
be distributed to Council.
APPROVED
NS CARSON
MCDERMOTT
AB SMITH
So
Modification of time line relating to
Section 804 of the Disposition and
Development Agreement No. 96-59 with
John Q. Hammons Hotels.
Rowles requested he be provJded with
how the $150,000 was calculated.
McDermott urged staff to explore
whether all contractors are offered
the same opportunity or if a precedent
is being set by this one.
Motion by DeMond to adopt Item z. of APPROVED
Consent Calendar. AB SMITH
Bakersfield, California, August 21, 1996 - Page 9
9. HEARINGS
ACTION TAKEN
Protest hearing for Washington No.
Annexation and inclusion into the
Greater Bakersfield Separation of
Grade District, located east of
Washington Street, south of Edison
Highway. (Ward 1)
Hearing opened at 7:40 p.m.
No one spoke at hearing.
Hearing closed at 7:40 p.m.
Motion by Carson to adopt Resolution.
RES 102-96
APPROVED
AB SMITH
Do
Protest hearing for Olive Drive No. 2
Annexation and inclusion into the
Greater Bakersfleld Separation of
Grade District, located at the
southwest corner of Fruitvale Avenue
and Ollve Drive. (Ward 4)
Hearing opened at 7:42 p.m.
No one spoke at hearing.
Hearing closed at 7:42 p.m.
Motion by McDermott to adopt
Resolution.
RES 103-96
APPROVED
AB SMITH
Hearing to consider an 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 Title 17 of
the Bakersfield Municipal Code
relating to residential
subdivision/project directional signs.
Correspondence was received from Tony
E. Hogg, Vice President and Division
Manager, Coleman Homes, dated August
21, 1996, in opposition to the Kiosk
Signage Program.
Development Services Director Hardisty
provided background information.
Hearing opened at 7:45 p.m.
Bakersfield, California, August 21, 1996 - Page 10
9. HEARINGScontinued
ACTION TAKEN
Co
Jim Ward, owner, Kwik Signs, spoke in
opposition.
The following individuals spoke in
support:
Barbara Martin, Building Industry
Association of Kern County; Bonnie
Godfrey, Sales & Marketing Director,
Fruitvale Properties.
Jim Ward, owner, Kwik Signs, spoke in
rebuttal (opposition).
Hearing closed at 7:55 p.m.
Motion by McDermott to refer to Urban
Development Committee.
APPROVED
AB SMITH
General Plan Amendment and Zone Change
No. P96-0419 (Ward 4):
Roger Mcintosh, representing
Castle & Cooke California, Inc.
requests to rescind Condition
Nos. i - 6 and 10 of Resolution
No. 35-95 whloh approved General
Plan Amendment No. 4-94, Segment
III, for property located along
the north side of Brimhall Road
between Jewetta Avenue and Old
Farm Road.
Ordinance rescinding Condition
Nos. i - 6 and 10 of Ordinance
No. 3633, which approved Zone
Change No. 5599, for property
located on the north side of
Brimhall Road between Jewetta
Avenue and Old Farm Road.
McDermott announced conflict due to
owning property nearby.
RES 104-96
FR
Development Services Director Hardisty
provided background information.
Hearing opened at 8:02 p.m.
Roger Mcintosh, Martin-Mcintosh, spoke
in support.
Bakersfield, California, August 21, 1996 - Page 11 ~
9. HEARINGS continued
ACTION TAKEN
Hearing closed at 8:05 p.m.
Motion by Rowles to rescind the July
24, 1996 decision of the City Council
(Resolution No. 94-96), adopt
Resolution rescinding Condition Nos. 1
- 3, 5, 6 and 10 of Resolution No. 35-
95 with the addition that future
residential developments shall have no
access to the existing Greenhaven
Street; and access shown on Revised
Tentative Tract 5489, approved June
20, 1996 to existing Greenhaven
Street, shall be deleted and replaced
with a final lot on the final map; and
give First Reading to Ordinance.
APPROVED
ABS MCDERMOTT
AB SMITH
10o REPORTS
11. DEFERRED BUSINESS
a. Ordinance amending Subsection D. of
Section 5.06.010 and Subsection B. of
Section 5.06.060 of the Bakersfield
Municipal Code relating to adult
entertainment businesses. (First
Reading 8/7/96)
FR
PUBLIC STATEMENTS continued
Ce
The following individuals spoke
regarding adult entertainment
businesses ordinance:
Connie Wattenbarger; Robert Owen;
Andrew Mills; Rosalyn Strode; Virgil
Pattarino; and Norma Holmes.
11. DEFERRED BUSINESScontinued
City Attorney Skousen clarified the
ordinance, defining the difference
between booths and theaters.
McDermott requested the ordinance be
amended to state "ten or fewer
persons".
Bakersfield, California, August 21, 1996 - Page 12
11. DEFERRED BUSINESS continued
ACTION TAKEN
Mayor Price requested the
required to have fixed
seating.
theater be
individual
Motion by Salvaggio to give First
Reading to Ordinance with amendments
and bring back for adoption.
NAT
Mayor Price declared First Reading of
the ordinance as amended tonight.
Ordinance amending Subsections O. and
H. of Section 5.50.290 and adding
Subsection M. to Section 5.50.290 of
the Bakersfield Municipal Code
relating to taxicabs. (First Reading
s/7/96)
Ordinance amending Section 9.36.070 of
the Bakersfield Municipal Code
relating to graffiti. (First Reading
s/?/96)
Motion by DeMond to adopt Items b. and
c. of Deferred Business.
ORD 3725
ORD 3726
APPROVED
AB SMITH
12. NEW BUSINESS
a. State Revolving Funds Loan:
Ordinance adding Section
14.12.385 to the Bakersfleld
Municipal Code relating to
dedicating a source of revenue
for State Revolving Funds Loan.
Resolution agreeing to a certain
return for a zero percent
interest State Revolving Funds
Loan.
Finance Director Klimko
background information.
provided
Motion by McDermott to give First
Reading to Ordinance and adopt
Resolution.
FR
RES 105-96
APPROVED
AB SMITH
Bakersfield, California, August 21, 1996 - Page 13
12. NEW BUSINESS continued
ACTION TAKEN
Resolution providing for the
appointments to the Office of
Councilmember for Wards 2 and 5 and
cancellng the election for Wards 2 and
5 to be held Tuesday, November 5,
1996.
City Manager Tandy provided background
information.
Motion by DeMond to not adopt the
Resolution.
APPROVED
AB SMITH
13. COUNCIL STATEMENTS
McDermott commented on having received a
copy of a resolution from a local
legislator regarding naming State Highway
65 the "All America Highway"; and requested
staff send a letter stating City would only
pay for signs on Highway 65 that are in the
City of Bakersfield.
Carson commented on business owners on East
Truxtun and Williams regarding a lot
storing about 25 old vehicles; and
requested staff report back with response
and recommendations: Is this lot a
junkyard?; What are the regulations
regarding automobiles on a vacant lot?
Carson advised of a burned-out residence on
California Avenue near 0 Street and
requested a time line for clean up.
Salvaggio referred a memo to Development
Services Director Hardisty regarding a weed
problem that has not been taken care of at
the lots between E1 Potrero and Los
Carneros.
Salvaggio advised Housing Authority Board
of Commissioners acted last week to apply
to HUD to do whatever is necessary to
designate Plaza Towers as a Senior Citizens
Facility.
Bakersfield, California, August 21, 1996 - Page 14
13. COUNCILSTATEMENTS continued
ACTION TAKEN
Salvaggio reiterated the issue of
relocating the G.E.T. bus stop to the front
of Plaza Towers on the south side of Wilson
Road; requested Public Works Director Rojas
talk with Traffic Engineer Walker regarding
the feasibility of the Valley Plaza
recommendations; and consider the option of
buses being able to turn into their own
facility off of Wible going south.
Salvaggio advised that one of the G.E.T.
Board members lives in Oakland but has a
residence in Bakersfield; and has missed 3
to 4 meetings.
Salvaggio thanked Parks Superintendent
Fabbri regarding the landscaping
maintenance problem on Panama Lane.
Salvaggio thanked Mayor Price for the nice
letter he sent to a constituent regarding
the street barricade at McCleary and Camp;
and requested a copy of the letter to Mr.
Krebbs, San Joaquin Valley Railroad Company
regarding the railroad crossings.
Rowles thanked Public Works Department and
Community Services for their quick
responses to Council referrals.
DeMond thanked Public Works Director Rojas
for sitting through the meeting with Mr.
Elder; and requested a time line on how the
permit is going through.
DeMond requested a time line on repairing
the manholes on 24th Street.
McDermott requested Public Works staff send
a letter to the appropriate establishment
to correct the dangerous island on Rosedale
Highway at Jewetta.
McDermott requested Public Works Director
Rojas write a letter to the contractor
regarding the delay of the traffic signal
that was to be installed at Centennial High
School prior to school opening.
Bakersfield, California, August 21, 1996 - Page 15
13. COUNCIL STATEMENTS continued
ACTION TAKEN
DeMond asked if City is going to default
the contractor on the Police Station
addition; City Manager Tandy responded.
DeMond announced Mayor Price will be
receiving the Presidents Award from the
Hispanic Chamber of Commerce.
DeMond requested staff check into the
possibility of a surveillance camera at the
Cancer Monument at Beale Park.
Rowles requested
strengthening our
clauses in reference
addition contract.
staff look into
liquidated damages
to the Police Station
Rowles requested staff look at long-term
solutions (ie. lighting, alarm) to improve
the security of the Cancer Monument°
Sullivan suggested a surveillance camera or
alarm installed at the Cancer Monument.
14.
ADJOURNMENT
Motion by DeMond to adjourn at 9:10 p.m.
APPROVED
AB SMITH
MA~ffR BOB PRICE of the City of Bakersfield,
CA
ATTEST:
ACTING CITY CLERK and ~X-OFFICIO CLERK of
the Council of the City of Bakersfield, CA
AUG21.A
9/24/96 l:21pm