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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