Loading...
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