HomeMy WebLinkAbout07/24/1996 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 24, 1996
CLOSED SESSION - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present: Councilmembers DeMond, Carson
(seated at 5:35), Smith,
McDermott (seated at 5:28),
Rowles, Sullivan (seated at
5:45), Salvaggio
Absent: Mayor Price
Motion by Smith to recess to Closed Session
at 5:20 p.m.
APPROVED
AB PRICE
CARSON
SULLIVAN
Conference with City's Labor Negotiator,
Bill Avery, pursuant to Government Code
Section 54957.6. Employee organization:
Firefighters and Engineers Unit and Fire
Supervisory Unit.
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 - Potential
Litigation. Initiation of litigation
pursuant to Government Code Section
54956.9(c). Two potential cases.
NEGOTIATOR
GIVEN DIRECTION
CITY ATTORNEY
GIVEN DIRECTION
TO TAKE LEGAL
ACTION NECESSARY
TO PROTECT THE
SAFETY OF
BAKERSFIELD
CITIZENS
NAT
Motion by Smith to adjourn from Closed APPROVED
Session at 6:55 p.m. AB PRICE
Bakersfield, California, July 24, 1996 - Page 2
REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCA~ONby Bishop Brad Rappleye, The Church of Jesus Christ of
Latter-Day Saints
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
ACTION TAKEN
Present: Councilmembers DeMond, Carson,
Smith, McDermott, Rowles,
Sullivan, Salvaggio
Absent: Mayor Price
4. CLOSED SESSION ACTION
Vice Mayor DeMond announced Closed Session
action as reflected on Page 1.
5. PRESENTATIONS
Vice-Mayor DeMond presented a
proclamation to Shirlyn Davenport for
appreciation of 3 years of consecutive
service as Chairperson of the Historic
Preservation Commission.
Ms. Davenport expressed her gratitude
to Council and staff.
PUBLIC STATEMENTS
John Steelman spoke regarding speed
limit reduction on White Lane between
Wible and New Stine Roads; and
submitted petitions.
Sullivan requested Mr. Steelman
contact her; and advised studies will
be conducted to resolve this issue.
Ruth Gelman, representing Citizens
Save Old Stockdale, spoke regarding
annexation of Old Stockdale; and
submitted written material.
Co
Written material was submitted from
Ann Brown, Secretary, Citizens to Save
Old Stockdale.
(Public Statements continued on Page 11)
7. APPOINTMENTS
Bakersfield, California, July 24, 1996 - Page 3
8. CONSENT CALENDAR
ACTION TAKEN
Payments from June 29 to July 12, 1996
in the amount of $4,642,164.60; and
Self Insurance payments from June 29
to July 12, 1996 in the amount of
$132,183.68.
Minutes of the Regular Meeting of July
10, 1996.
Declare real property, located
approximately 1000 feet east of the
corner of Burr and Gibson Streets, as
surplus. (Ward 5)
Contract Change Order No. 1 to
Contract No. 96-171 with Granite
Construction Company for construction
of Coffee Road Grade Separation
Project. (Ward 4)
Contract Change Order No. 1 to
Contract No. 96-50 with Pacific
Resources for street improvements in
the Garnsey Avenue/San Marino Drive
area; and appropriate $32,368 Fund
Balance to the Capital Improvement
Budget within the Gas Tax Fund.
Acquisition of automated refuse and
green waste equipment and containers:
Agreement with Kern Refuse
Disposal, Inc. establishing a
loan for automated refuse and
green waste collection equipment;
and appropriate $475,000 Fund
Balance to the Public Works
Operating Budget within the
Equipment Management Fund.
Resolution determining that the
sale of certain City-owned refuse
carts currently in place on
contractor-served pilot program
routes cannot be reasonably sold
through usual bidding procedures
and authorizing the Finance
Director to dispense with bidding
to allow City to sell said carts
to the contractor for a
negotiated amount of $59,822.91.
AGR 96-203
RES 90-96
Bakersfield, California, July 24, 1996
Page 4
8. CONSENTCALENDAR continued
ACTION TAKEN
fo 3.
j o
Resolution determining that
automated refuse and green waste
carts for expansion of the City's
collection program cannot be
reasonably obtained through usual
bidding procedures and
authorizing the Finance Director
to dispense with bidding, not to
exceed $250,000, and to purchase
the carts.
Tract Maps and Improvement Agreements
with:
Castle & Cooke California, Inc.
for Tract 5673, Phase I, located
on the east side of Spring Creek
Loop, north of Harris Road. (Ward
4)
Castle & Cooke California, Inc.
for Tract 5673, Phase 2, located
on the east side of Spring Creek
Loop, north of Harris Road. (Ward
4)
3 o
Williams Development, Inc. for
Tract 5432, Phase 3, located on
the north side of Berkshire Road,
east of Stine Road. (Ward 6)
Agreement with County of Kern for
shared cost of operating the Green and
Wood Waste Diversion Program.
Agreement with County of Kern for
shared cost of operating the Drop-off
Recycling Diversion Program. (Wards 1,
2, 3, 4 & 7)
Compost Sales Agreement with Hondo,
Inc. to sell bulk quantities of
compost produced at the Mount Vernon
Recycling Facility.
Consultant Agreement with BSK &
Associates ($58,325) for providing
material testing services during
Fiscal Year 1996-97.
RES 91-96
AGR 96-204
AGR 96-205
AGR 96-206
AGR 96-207
AGR 96-208
AGR 96-210
AGR 96-211
AGR 96-212
AGR 96-213
Bakersfield, California, July 24, 1996 - Page 5
8. CONSENT CALENDAR continued
ACTION TAKEN
me
De
Agreement with State of California,
Department of Transportation, (Program
Supplement 095) for resurfacing
various streets for Fiscal Year 1995-
96. (Wards 2, 3, 4, 5, 6 & 7)
Consultant Agreements (3) with Porter-
Robertson Engineering and Surveying,
Inc. ($150,000), Martin-Mcintosh
($150,000) and QUAD Engineering, Inc.
($150,000) to provide on-call civil
engineering services for Public Works
projects during Fiscal Years 1996-97
and 1997-98.
Consultant Agreement with Porter-
Robertson Engineering and Surveying,
Inc. ($50,000) to provide construction
surveying services for construction of
the Coffee Road Overhead at the
Atchison, Topeka & Santa Fe Railway
Company, P.U.C. No. 2-891.7A. (Ward 4)
Agreement with Northwestern Mutual
Life Insurance Company for City to
purchase real property ($177,680)
located at the northwest corner of
Stockdale Highway and California
Avenue for street widening at the
Stockdale Highway and California
Avenue/New Stine Road intersection.
(Ward 5)
Accept bid from G.C.S., Inc.
($292,065.88) for two street sweepers.
Reject bids for diesel-powered street
sweepers.
Appropriate $47,000 Gas Tax Fund
balance to the Capital Improvement
Budget within the Gas Tax Fund for
construction of Stockdale Highway
Median Landscape and Irrigation
Improvements. (Ward 4)
Appropriate $60,000 Developer
Contribution to the Capital
Improvement Budget within the Gas Tax
Fund for White Lane Median landscaping
from Buena Vista Road to Mountain
Vista Drive.
AGR 96-214
AGR 96-215
AGR 96-216
AGR 96-217
AGR 96-218
AGR 96-219
DEED 4496
Bakersfield,
California, July 24, 1996
- Page 6
8. CONSENTCALENDAR continued
ACTION TAKEN
te
Appropriate $10,000 Fund Balance to
the Capital Improvement Budget within
the Off-Street Parking Fund for a
goodwill valuation relative to
condemnation of Rancho Rio (Recycling)
property for Parking Lot Project south
of the Convention Center.
Historic Preservation Commission 1995
Annual Report and January to June 1996
Mid-Year Report.
Authorization to publish Notice to
Public for Amendment No. 4 FY 1995-96
of the Community Development Block
Grant (CDBG) Annual Plan; and
Amendment No. 3 FY 1994-95 and
Amendment No. 6 FY 1992-93 to the
Community Development Block Grant
(CDBG) Final Statements. (Staff
recommends referral to Budget &
Finance Committee)
w. Plaza Towers:
Letter to Golden Empire Transit
(G.E.T.) requesting placement of
Plaza Towers bus stop on the
south side of Wilson Road. (Staff
recommends sending letter to
G.E.T. recommending the change)
Tenant issues and ownership of
Plaza Towers by the Housing
Authority of County of Kern.
(Staff recommends acceptance of
Report)
Motion by McDermott to adopt Items (a)
through (w) of Consent Calendar, with the
exception of Item w.1.
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
AB PRICE
Letter to Golden Empire Transit
(G.E.T.) requesting placement of
Plaza Towers bus stop on the
south side of Wilson Road. (Staff
recommends sending letter to
G.E.T. recommending the change)
Bakersfield, California, July 24, 1996 - Page 7
8. CONSENT CALENDAR continued
ACTION TAKEN
Motion by Salvaggio to send letter to
G.E.T. with revisions:
· Add "and the disabled" to the 1st
sentence after the words "senior
citizens";
· Replace the words "seniors" in
the 3rd and 4th sentences with
"residents";
· Indicate in the letter that Mayor
is sending this because of the
City Council's concern.
APPROVED
AB PRICE
HEARINGS
Hearing to consider a Resolution
confirming the report of the Chief
Code Enforcement Officer regarding
assessments of 17 properties for
weeds, debris and waste matter
abatement. (Wards 1, 2, 3, 4 & 7)
Correspondence was received from Norma
J. Kovats, dated July 6, 1996,
opposing the assessment of her
property at 207 Daniels Street. (Ward
2)
Hearing opened at 7:28 p.m.
The following individuals spoke in
opposition to staff recommendation:
Dr. Robert Featherston, 207 Daniels
Street; and Jerry Fuentez, 218 So.
Brown Street, and submitted pictures.
Hearing closed at 7:39 p.m.
RES 92-96
Motion by McDermott to adopt APPROVED
Resolution. AB PRICE
Bakersfield,
California,
July 24,
1996 - Page 8
9. HEARINGScontinued
ACTION TAKEN
Continued hearing for Zone Change and
Conditional Use Permit No. P96-0275
(Ward 7):
Ordinance amending Title 17 of
the Bakersfield Municipal Code
and Zoning Map No. 123-13 by
changing the zoning from
Multiple-Family-Architectural
Design and Regional Commercial to
Planned commercial District on
5.82 acres.
Resolution approving Condltional
Use Permit to allow a mini-
storage facility.
Development Services Director Hardisty
provided background information.
Hearing opened at 7:43 p.m.
No one spoke at hearing.
Hearing closed at 7:44 p.m.
Motion by Salvaggio to give First
Reading to Ordinance and adopt
Resolution, with the sign being 35'.
FR
RES 93-96
APPROVED
AB PRICE
Continued hearing for 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 which 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.
RES 94-96
FR
Bakersfield, California, July 24, 1996 - Page 9
9. HEARINGScontinued
ACTION TAKEN
Development Services Director Hardisty
provided background information.
Hearing opened at 7:45 p.m.
Roger Mcintosh, representing Castle &
Cook California, Inc., requested
Condition No. 4 remain as a condition
on the General Plan; and Condition
Nos. 1 3, 5, 6 & 10 be deleted.
Hearing closed at 7:48 p.m.
Motion by McDermott to adopt
Resolution and give First Reading to
Ordinance with amendments to both:
· Condition Nos. 1 - 3, 5, 6 & 10
remain;
· Delete Condition Nos. 1, 2 & 4;
· Allow adjustment of the lot issue
at the time of filing the final
map
APPROVED
AB PRICE
10.
REPORTS
so
Graffiti Task Force Report No. 1-96
regarding Revision of Graffiti
Abatement Policies for the city of
Bakersfield.
Correspondence was received from
Assemblyman Trice Harvey, dated July
23, 1996, in support of the proposed
"zero-tolerance" approach to abating
graffiti.
Economic Development Director Wager
provided background information.
Deputy City Attorney Hernandez
provided an overhead presentation.
McDermott requested a report from
Police Department regarding juvenile
arrests/enforcement and courts
imposing punishment/liability.
Motion by McDermott to accept written/ APPROVED
oral Report. AB PRICE
Bakersfield,
California,
July 24,
1996 - Page 10
10. REPORTS continued
ACTION TAKEN
Community Services Committee Oral
Report No. 2-96 regarding Additional
Turfed Areas at Yokuts Park.
Copies of the written report were
distributed.
Motion by Carson to accept Report.
11. DEFERRED BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map NO. 124-03 by changing the zoning
from Agriculture to Light
Manufacturing on 113.21 acres, located
southeast of the intersection of
Mount Vernon Avenue and East Belle
Terrace. (Ward 1) (GPA/Zone Change
P96-0284) (First Reading ?/10/96)
Economic Development Director Wager
provided background information.
Motion by Carson to adopt Ordinance.
Authorization to publish Notice to
Public for Amendment No. i FY 1996-97
of the Community Development Block
Grant (CDBG) Annual Plan.
Motion by Salvaggio to approve
publishing and authorizing City
Manager to execute all necessary HUD
documents.
Amended motion by McDermott to approve
publishing and authorizing City
Manager to execute all necessary HUD
documents; and approve the Minority
Report, requesting funds for rental
housing be moved into projects for
home ownership.
APPROVED
AB PRICE
ORD 3719
APPROVED
AB PRICE
NAT
FAILED
NS DEMOND
CARSON
SMITH
SULLIVAN
SALVAGGIO
AB PRICE
Motion by Salvaggio to approve
publishing and authorizing City
Manager to execute all necessary HUD
documents.
APPROVED
AB PRICE
Bakersfield, California, July 24, 1996 - Page 11
11. DEFERRED BUSINESS continued
ACTION TAKEN
Co
Request by the Housing Authority of
the County of Kern to approve a
Supplemental Cooperation Agreement.
Economic Development Director Wager
provided clarification of the
recommendation.
Motion by Carson to approve the
Agreement incorporating the
amendments.
WITHDRAWN
Motion by McDermott to not act on the
Supplemental Cooperation Agreement and
maximize the City's Mortgage Credit
Certificate Program.
APPROVED
AB PRICE
Carson recognized
Housing Authority of
speak.
Randy Coates,
Kern County, to
12. NEW BUSINESS
ao
Ordinance adding Potomac No. 1
Annexation to Ward 1, located at the
southwest corner of Potomac Avenue and
Monticello Avenue. (Ward 1)
Ordinance amending Section 16.28.170
O.2.c. of the Bakersfield Municipal
Code relating to reduction of minimum
lot width, depth and frontage for lots
6,000 square feet and greater in size.
Consolidation
consideration
language.
of fire services and
of possible ballot
City Manager Tandy provided background
information.
FR
FR
PUBLIC STATEMENTS continued
The following individuals spoke
regarding fire services:
Tom Blackmon, Kern County Fire
Fighter; Ken Blanton, Kern County Fire
Fighter; Conni Brunni; and Tim Luken,
representing City Fire Fighters.
Bakersfield, California, July 24,
1996 - Page 12
12. NEW BUSINESS continued
ACTION TAKEN
Motion by McDermott to request that no
further action be taken by the Board
of Supervisors until Council has been
provided factual information
supporting the "basic elements" of
this proposal for consolidation,
believing further progress in the area
of fire service efficiency is possible
only when facts are known,
alternatives are analyzed and
taxpayers are informed; and direct
City Attorney take legal action
necessary to protect the citizens of
the City of Bakersfield.
Smith recognized Conni Brunni to
speak, who submitted written material.
APPROVED
AB PRICE
13. COUNCIL STATEMENTS
McDermott requested staff research the
issue of a fire station in the vicinity of
Stockdale Highway/Allen Road, relate
findings to the Urban Development
Committee, allowing the Committee to
provide a recommendation back to Council;
and allow County until January 1, 1997 to
begin construction before City assumes
responsibility for providing fire services
to that area.
McDermott thanked staff for the Stockdale
Highway median work.
McDermott requested Public Works
investigate future traffic congestion on
Palm and Calloway due to the Calloway/Old
River Bridge paving; and consider
installation of a traffic control device.
Salvaggio thanked Council for their support
in sending a letter to Golden Empire
Transit asking them to place a bus stop in
front of Plaza Towers; asked Council for
further help; and directed staff to
determine if there is a vacancy on the
G.E.T. Board.
Bakersfield, California, July 24,
1996 - Page 13
13. COUNCILSTATEMENTS continued
ACTION TAKEN
Rowles requested Police Chief Brummer
investigate and provide a report regarding
handbills being delivered in Kern City and
the potential of a correlation between
handbills and crime.
Rowles requested Public Works provide a
summary on the Traffic Operations Control
Program and future projects.
Carson thanked Chief Kelly and staff for
their professionalism.
Carson inquired on the outcome of the
hanging wires at 414 11th Street.
Engineering Services Manager LaRochelie
responded.
Carson requested Water Division check the
fencing along the canal between 9th and 4th
Streets for safety.
Smith thanked Chief Brummer for responding
to her friend regarding his burglary.
Smith referred the issue of speeding on
Christmas Tree Lane and on Panorama Drive.
Sullivan requested Traffic Engineer Walker
contact her regarding the speed limit on
White Lane.
DeMond thanked Economic Development
Director Wager for Development Associate
Devereaux's assistance regarding the new
business locating in Old Town Kern.
DeMond requested staff explore the
possibility of using wire spike strips to
discourage birds from landing on buildings.
DeMond requested staff examine options City
can take to alleviate the drifting noise
problem from County property into the City
(i e. Chester Avenue/Stramler Park area).
Bakersfield, California, July 24, 1996 - Page 14
13. COUNCIL STATEMENTS continued
ACTION TAKEN
McDermott requested staff communicate to
Kern County the failure to adopt something
similar to the proposed Traffic Impact Fee
Ordinance to mitigate to traffic impacts
would cause Council great concern. (Western
Rosedale Plan)
McDermott requested staff approach
residents in the northern part of the area
regarding Hearing Item 9.c. for the
possibility of annexation.
14.
ADJOURNMENT
Motion by McDermott to adjourn at 9:55 p.m. APPROVED
.~ , AB PRICE
BOB~RICEf MAYOR of the City of Bakersfield,
CA
ATTEST:
AC~I~G CITY CLERK and Ez O~ficio Clerk of
the Council of the City of Bakersfield, CA
JUL2496.A
July 18,19968:27am