HomeMy WebLinkAbout05/08/1996 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 8, 1996
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present: Mayor Price, DeMond, Carson,
Smith, McDermott (seated at
5:21), Rowles (seated at 5:40),
Sullivan, Salvaggio (seated at
5:25)
Absent: None
OVERVIEW OF THE PROPOSED FISCAL YEAR 1996-
97 BUDGET.
City Manager Tandy, Assistant City Manager
Waiter and Assistant to the City Manager
Teubner provided an overview and slide
presentation and distributed written
material.
Motion by DeMond to recess to Closed
Session at 5:57 p.m.
APPROVED
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)
regarding the Bankruptcy of Riverlakes
Ranch, Ltd., U.S. Bankruptcy Court, Central
District of california, Case No. SA 94-
16719-JR and city of Bakersfield vs.
Riverlakes Ranch, Ltd., Kern County
Superior Court Case No. 229192-AEW.
Motion by DeMond to adjourn from Closed
Session at 6:58 p.m.
CITY ATTORNEY
RECEIVED
INSTRUCTION
CITY ATTORNEY
RECEIVED
INSTRUCTION
APPROVED
Bakersfield, California, May 8, 1996 - Page 2
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Rick Roper, Director, First Assembly of God
Church.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
ACTION TAKEN
Present: Mayor Price, DeMond, Carson,
Smith (seated at 7:05),
McDermott, Rowles, Sullivan,
Salvaggio
Absent: None
4. CLOSEDSESSION ACTION
Mayor Price announced Closed Session Action
as reflected on Page 1.
5. PRESENTATIONS
Mayor Price presented a proclamation
to City Clerk Staff proclaiming May 5
- 11, 1996 as Municipal Clerks Week.
Mayor Price presented a proclamation
to Raul Rojas proclaiming May 19 - 25~
1996 as National Public Works Week in
Bakersfield.
Mayor Price presented a proclamation
to Florn Core, Water Resources
Director, proclaiming the month of May
1996 as Water Awareness Month.
Motion by DeMond to add Consent Calendar
Item 8. gg. that arose after the Agenda was
posted and requires action this evening.
Rowles announced abstention due to conflict
of interest.
gg.
Final Map and Improvement Agreement
with Kyle Carter Homes for Tract 5386,
Phase C, located south of Brimhall
Road, east of Calloway Drive. (Ward 4)
APPROVED
ABS ROWLES
Bakersfield, California, May 8, 1996 - Page 3
PUBLIC STATEMENTS
so
Carolyn Rudzinski, Water Education
Aide for Kern County Water Agency,
spoke regarding the 3rd Annual Fun
Run/Walk for Water held in conjunction
with the Month of May Water Awareness
Campaign and provided t-shirts to
Council.
Peter Brandon, President, Golden
Empire Ambulance, spoke regarding
National Emergency Medical Services
Week, May 19 - 25, 1996; distributed
written material and provided
commemorative lapel pins.
The following individuals spoke
regarding issuance of Qualified
Mortgage Credit Certificates (Item
8.e.):
Kern County Housing Authority
employees Adrienne Herd; Randy M.
Coats; Paul Castro; and Dennis
Wallace.
(Public Statements continued on Page 13)
ACTION TAKEN
7. APPOINTMENTS
CONSENT CALENDAR
Payments from April 6 to April 26,
1996 in the amount of $6,185,840.26
and Self Insurance payments from April
6 to April 26, 1996, in the amount of
$267,466.94.
Minutes of the Workshop, Closed
Session and Regular Meeting of April
17, 1996.
Grant of Easement to Pacific Bell for
a communications vault at Patriot's
Park adjacent to Ming Avenue. (Ward
5)
Quitclaim Deed for a portion of the
Temporary Emergency Access Easement to
Pineview Limited, recorded November
22, 1991, Book 6597, Page 1931,
located south of Hageman Road and west
of Fruitvale Avenue. (Ward 4)
DEED 4419
DEED 4420
Bakersfield, California, May 8, 1996 - Page 4
8. CONSENT CALENDAR continued
ACTION TAKEN
Resolution authorizing submission of
an application to the California Debt
Limit Allocation Committee to permit
the continued issuance of Qualified
Mortgage Credit Certificates.
Resolution authorizing a partial
deferral of assessment within
Assessment District No. 91-1 (Hosking
Trunk Sewer). (Wards 6 & 7) (Staff
recommends deferring adoption of
Resolution until property taxes are
paid current)
Resolution declaring the results of
the Primary Municipal Election for the
Office of Mayor, and the Special
Municipal Election for Charter
Amendment Measures D, E and F, held
March 26, 1996.
Resolution authorizing Public Works
Director or designee to accept certain
deeds or grants conveying an interest
in, or easement upon, real property
for public purposes°
Standard Telephone
Agreement to release
future telephone poles
(Staff recommends
Agreement as to form)
Pole Sales
existing and
to consumers.
approval of
Agreement with Kern County Soccer
Foundation for construction of open
field lighting; and appropriate
$100,00 Destec Funds to Park
Improvement Fund in the Capital
Improvement Budget.
Agreement with Freilich, Kaufman, Fox
& Sohagi as co-counsel with the City
Attorney in the matter of CalOak
Development Properties.
Design Consultant Agreement with Boyle
Engineering Corporation ($440,000) for
design engineering services for
upgrade and expansion of Wastewater
Treatment Plant No. 2. (Ward 1)
REMOVED FOR
SEPARATE
CONSIDERATION
RES 51-96
RES 52-96
AGR 96-112
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 96-113
ROWLES ANNOUNCED
ABSTENTION FOR
CONFLICT
Bakersfield,
California, May 8,
1996 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
0o
Consultant's Agreement with Black &
Veatch ($1,000,000) for construction
management services for upgrade and
expansion of Wastewater Treatment
Plant No. 2 (Ward 1)
Consultant's Agreement with Carollo
Engineers for engineering design
services on the expansion of
Wastewater Treatment Plant No. 3 from
12.0 million gallons per day to 16.0
million gallons per day. (Ward 6)
Agreement with Castle & Cooke to
exchange property located west of City
Corporation Yard for City-owned
property located at the northwest
corner of Gosford/Westwold and the
northeast corner of
Westwold/Brookside; and to settle
litigation costs of Marketplace
lawsuit. (Wards 4 & 5)
Agreement with Village Owners
Association to purchase real property
($4,056) on the east side of New Stine
Road for street widening at the
Stockdale Highway and California
Avenue/New Stine Road intersection.
(Ward 5)
Agreement with Normal Development,
Inc. for City to purchase 3.99 acres
($119,610) for right of way on
property located south of Brimhall
Road, one-half mile west of Coffee
Road, for the Kern River Freeway.
(Ward 4)
Agreement with California State
University Bakersfield for maintenance
of landscaping in Stockdale Highway
medians. (Ward 4)
Agreement with State of California,
Department of Transportation, to
purchase right-of-way at the southeast
corner of Adobe Road and Bear Mountain
Boulevard for $1,000. (Ward 1)
AGR 96-114
ROWLES ANNOUNCED
ABSTENTION FOR
CONFLICT
AGR 96-115
ROWLES ANNOUNCED
ABSTENTION FOR
CONFLICT
AGR 96-116
DEED 4421
DEED 4422
AGR 96-117
DEED 4423
AGR 96-118
DEED 4424
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, May 8, 1996 - Page 6
8. CONSENTCALENDAR continued
ACTION TAKEN
aa.
bb.
cc.
Amendment No. 2 to Agreement No. 92-
154 with Alan Tandy, City Manager, for
employment.
Amendment No. 1 to Agreement No. 93-
237 with State of California,
Department of Transportation,
regarding improvements at State Route
99 and California Avenue Interchange.
Amendment No. 1 to Agreement No. 95-
294 with Community Service
Organization, Inc. to modify use of
funds to include design of facility as
well as rehabilitation. (Ward 2)
Accept bid to award Contract to
Griffith Company ($968,629.40) for
resurfacing various street for Fiscal
Year 1995-96. (Wards 2, 4, 5, 6)
Accept bid to award Contract to Loop
Electric Company ($22,084) for traffic
signal on Hageman Road at Centennial
High School. (Ward 4)
Accept bid to award Contract to Kern
County Construction Company ($273,410)
for construction of Ashe Water Well
Nos. CBK-34 & CBK-35 for Water
Department. (Ward 4)
Accept bid to award Contract to
Insituform Southwest ($198,314) for
sewer pipeline rehabilitation in the
Westchester area - Final Phase. (Ward
2)
Accept bid to award Contract to
Granite Construction Company ($75,900)
for reconstruction of sidewalks and
drive approaches in various locations.
(Ward 1)
Reject all bids for the 20th Street
area/Weill Park curb & gutter and
Baker Street handicap ramps. (Ward 2)
Revised job specifications for Fire
Chief, Deputy Fire Chief and Assistant
Fire Chief.
AGR 96-119
AGR 96-120
AGR 96-121
CON 96-122
CON 96-123
CON 96-124
CON 96-125
CON 96-126
Bakersfield, California, May 8, 1996 - Page 7
8. CONSENTCALENDAR continued
ACTION TAKEN
dd. Temporary Closures to vehicular
traffic by means of physical barriers:
McCleary Way, between Parsons Way
and Camp Street. (Ward 5)
Eastbourne Way, between Hempstead
Lane and North Half Moon Drive.
(Ward 7)
ee.
Transfer $310,457 Council Contingency
to various City department operating
budgets in the General Fund.
ff.
Approval of Fiscal Year 1996-97 Annual
Action Plan of the Consolidated Plan
2000 (CDBG/HOME).
gg.
Final Map and Improvement Agreement
with Kyle Carter Homes for Tract 5386,
Phase C, located south of Brimhall
Road, east of Calloway Drive. (Ward 4)
Motion by DeMond to adopt Items (a) through
(gg) of the Consent Calendar, with the
exception of Items e., k., r., s., dd. and
ff; Rowles abstaining on Items 1. due to a
previous economic interest in firm; m. due
to potential/previous economic interest; n.
previous involvement in project; and gg.
due to employer interest client.
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 96-127
ROWLES ANNOUNCED
ABSTENTION FOR
CONFLICT
APPROVED
Resolution authorizing submission of
an application to the California Debt
Limit Allocation Committee to permit
the continued issuance of Qualified
Mortgage Credit Certificates.
Motion by Carson to adopt Item e. of
the Consent Calendar and direct the
City Manager to send a letter to Kern
County authorizing joinder with the
Housing Authority.
Agreement with Freilich, Kaufman, Fox
& Sohagi as co-counsel with the City
Attorney in the matter of CalOak
Development Properties.
RES 53-96
APPROVED
AGR 96-128
Motion by Salvaggio to adopt Item k. APPROVED
of the Consent Calendar. NS MCDERMOTT
Bakersfield,
California, May 8,
1996 - Page 8
8. CONSENTCALENDAR continued
ACTION TAKEN
ro
Agreement with California State
University Bakersfield for maintenance
of landscaping in Stockdale Highway
medians. (Ward 4)
Motion by McDermott to adopt Item r.
of the Consent Calendar.
AGR 96-129
APPROVED
Agreement with State of California,
Department of Transportation, to
purchase right-of-way at the southeast
corner of Adobe Road and Bear Mountain
Boulevard for $1,000. (Ward 1)
Motion by McDermott to adopt Item s.
of the Consent Calendar subject to
approval of adequate funds to
construct the Kern River Freeway.
WITHDRAWN
Motion by Rowles to delay Council
action on Item s. of the Consent
Calendar for 45 days.
APPROVED
dd.
Temporary Closures to vehicular
traffic by means of physical barriers:
McCleary Way, between Parsons Way
and Camp Street. (Ward 5)
Eastbourne Way, between Hempstead
Lane and North Half Moon Drive.
(Ward 7)
Motion by Salvaggio to adopt Item dd.
of the Consent Calendar.
APPROVED
ff.
Approval of Fiscal Year 1996-97 Annual
Action Plan of the Consolidated Plan
2000 (CDBG/HOME).
Bakersfield, California, May 8, 1996 - Page 9
8. CONSENT CALENDAR continued
ACTION TAKEN
ff.
Motion by McDermott to adopt Item ff.
of the Consent Calendar with
amendments: Delete Rental Assistance,
Page 21; Delete Rehabilitation of
Multi-Family Dwellings funding loans
to owners of apartment buildings, Page
58; rehabilitation of Multi-Family
Dwellings, Page 78; and delete the
wording "minority" using more needs-
based than ethnic-based wording, Page
32.
NAT
Rowles suggested also referring this
to Budget & Finance Committee to
develop the first amendment to come
back to Council prior to July 1.
Amended motion by McDermott to adopt
Item ff. of the Consent Calendar with
amendment, deleting the words
"minority" on Page 32.
APPROVED
NS CARSON
MCDERMOTT
SALVAGGIO
Mayor Price announced a 5-minute
recess at 8:35 p.m. and reconvened the
meeting at 5:40 p.m.
HEARINGS
Resolution confirming the report of
the Building Director regarding
assessments of certain properties for
the abatement of weeds, debris and
waste matter. (Ward 2 - I property;
Ward 7 - 21 properties)
Hearing opened at 8:43 p.m.
No one spoke at hearing.
Hearing closed at 8:43 p.m.
Motion by Salvaggio to adopt
Resolution.
RES 54-96
APPROVED
AB SMITH
MCDERMOTT
Bakersfield, California, May 8, 1996 - Page 10
9. HEARINGS continued
ACTION TAKEN
Hearing as required by Resolution of
Intention No. 1146 ordering the
vacation of the public street right of
way for Garland Avenue. (Ward 7)
Hearing opened at 8:45 p.m.
No one spoke at hearing.
Hearing closed at 8:45 p.m.
Motion by Salvaggio to adopt
Resolution.
RES 55-96
APPROVED
Hearing as required by Resolution of
Intention No. 1147 ordering the
vacation of the 10-foot wide
~pedestrlan way" between Lakeview
Avenue and South Haley Street in Tract
No. 1286. (Ward 1)
Hearing opened at 8:46 p.m.
No one spoke at hearing.
Hearing closed at 8:46 p.m.
Motion by Carson to adopt Resolution.
RES 56-96
APPROVED
Tentative Tract Nos. 5436, 5478 and
5479, located west of coffee Road and
north of Hageman Road (Ward 4):
Agreement with Fruitvale
Properties, LLC related to
transportation fees in the
Riverlakes/Unibell Specific Plan
area.
Appeal by Stephen DeBranch,
DeWalt Corporation, of Planning
Commission decision disapproving
Extensions of Time for Revised
Tentative Tract 5436, Tentative
Tract 5478 and Tentative Tract
5479.
Rowles announced conflict of interest
due to employer's client involved in
litigation.
AGR 96-130
RES 57-96
Bakersfield, California, May 8, 1996 - Page 11
9. HEARINGS continued
ACTION TAKEN
City Manager Tandy provided background
information.
Hearing opened at 8:52 p.m.
Roger Mcintosh, Martin-Mcintosh
Engineering, spoke in support of staff
recommendation.
Hearing closed at 8:55 p.m.
Motion by McDermott to approve
Agreement; and adopt Resolution,
overturning the decision of the
Planning Commission and approving a
one-year extension for each tentative
tract, subject to Conditions of
Approval.
APPROVED
ABS ROWLES
Resolution adopting the
Regional Transportation
Improvement Plan.
1996-2025
Capital
Motion by McDermott to continue the
hearing and refer to Urban Development
Committee to redraft the issue of
mitigating the impacts to this
community; to include or amend items
such as Olive Drive from Riverlakes to
Calloway; Calloway and Hageman
signals, et al.; and whether
commercial real estate in the
community has been handled
appropriately.
APPROVED
Closure of 17th Street, west of Union
Avenue, to vehicular traffic. (Ward
2)
Petitions with 16 signatures were
received in opposition to the closure.
Correspondence was received in
opposition from Billie Jean Retz;
Jerome F. Valenta; and Joseph Valenta.
Correspondence was received in support
from Ellis Carter; Mr. & Mrs. Steven
Petty; Alan K. Roger; and Nancy Torii.
Bakersfield, California, May 8, 1996 Page 12
9. HEARINGS continued
ACTION TAKEN
10.
f. Hearing opened at 9:05 p.m.
The following individuals spoke in
opposition to staff recommendation:
Jerome Valenta; Lois Hovland, and
written material; and Bill Retz.
Correspondence was received this
evening in opposition to staff
recommendation from Harchand S. Gill;
and Maurice Buzzell.
The following individuals spoke in
support to staff recommendation:
Richard Rivera; Norman Angelo; Ken
Brenneman; Christine Schull; Nancy
Torii; and Frances Gonzales.
The following individuals spoke
rebuttal (opposition):
Jerome Valenta; and Bill Retz.
in
The following individuals spoke in
rebuttal (support):
Den Brenneman; Norman Angelo; Nancy
Torii; and Frances Gonzales.
Hearing closed at 9:31 p.m.
Motion by DeMond to place a temporary
physical barrier preventing traffic
from using 17th Street, immediately
west of Union Avenue, not to exceed
four months; direct Police Department
to monitor the reduction or increase
in crime, prostitution traffic and
vehicular traffic during that four
month period; direct staff to perform
a study of the area residents' wishes;
and return to Council as a noticed
public hearing.
REPORTS
APPROVED
city Manager Report No. 3-96 regarding
City Council Policy Manual.
Assistant City Manager Waiters
provided background information.
RES 58-96
Bakersfield, California, May 8, 1996 - Page 13
10. REPORTS continued
McDermott suggested Council notify
staff of items they believe should be
included in the manual.
Motion by McDermott to adopt
Resolution approving the City Council
Policy Manual; and review and adopt
the policies annually.
ACTION TAKEN
APPROVED
11. DEFERRED BUSINESS
Ordinance amending Section 10.72.030
of the Bakersfield Municipal Code
relating to parking malls. (Ward 2)
(First Reading 4/17/96}
Motion by DeMond to adopt Ordinance.
ORD 3715
APPROVED
Clarification of city Council action
taken January 24, 1996 on Urban
Development Committee Report No. 1-96
regarding Stockdale Highway Median
Landscaping.
PUBLIC STATEMENTS continued
d. Jeanne Swigart stated her concerns.
11. DEFERRED BUSINESS continued
Smith and Sullivan requested staff
check the cost of securing the rocks
to prevent them from being moved.
Motion by McDermott to direct staff to
fill areas between the tree wells with
rocks on a test basis with a follow-up
report to Council.
APPROVED
12. NEW BUSINESS
13. COUNCILSTATEMENTS
Mayor Price announced Valley Bible Church
has moved the soup kitchen from Central
Park to the Bakersfield Rescue Mission at
Beale and Summer, Monday, May 6, 1996.
Bakersfield, California, May 8, 1996 - Page 14
13. COUNCIL STATEMENTS continued
ACTION TAKEN
McDermott requested Urban Development
Committee invite Ron Brummett to attend the
May 22, 1996 meeting to revisit the funding
for freeways.
McDermott referred the timing of traffic
signals at Stockdale Highway and Coffee
Road; and at Brimhall and Calloway Road to
Public Works.
McDermott requested staff check the spa
cover policy and enforcement in
Bakersfield.
Salvaggio referred correspondence from
Ralph J. Vanderberg, dated April 22, 1996,
regarding the Laurel Drive/Planz Road
intersection to Traffic Engineer for
further review.
Salvaggio requested a time schedule for
commencement of work on the traffic signal
at the Pacheco Road/Monitor Street
intersection.
Salvaggio requested Public Works contact
Ken Boyce 3501 Limestone Court, 398-9417,
regarding a sewer problem.
Smith thanked Fire Chief Kelly for the
meeting being held tomorrow evening
regarding at the University Avenue Fire
Station to update the area residents on
fire prevention.
Smith requested a status report on the
intersection of Commanche/Highway 178 turn
lanes.
Smith requested staff provide Council an
outline of proposed changes to remedy any
deficiencies the Site Plan Review and
Environmental Review.
Bakersfield, California, May 8, 1996 - Page 15
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Rowles requested a status report on the
Marketplace distributed at the May 22nd
Urban Development Committee meeting.
Rowles commended Parks Department and
Public Works for the tree planting project
along 178 and for returning the excess
amount of money to CalTrans.
Rowles commented on the Highway 58 Project
regarding funding, facilities and lack of
support from KernCog.
Rowles commented on last years' Joint Urban
Development Committee/Planning Commission
meeting and requested an update regarding
open space amenities from Development
Services.
Rowles requested an update on feasibility
assessment for street lighting in the
Eastgate area in Stockdale Estates.
McDermott announced that Martin-Mcintosh
anticipates a November opening on the
Marketplace.
DeMond inquired about the lights on Union
Avenue in East Bakersfield not being
connected; and requested a letter be sent
to P.G.& E.
DeMond requested Public Works advise when
the ADA curb cuts on Baker Street will be
rebid. Public Works Director Rojas
responded.
DeMond requested City Manager Tandy respond
back on the maintenance district,
formulated and proposed to the Board, for
the Downtown Streetscape Project.
14.
Bakersfield, California, May 8, 1996
ADJOURNMENT
Motion by DeMond to adjourn at 10:35 p.m.
- Page 16
ACTION TAKEN
APPROVED
~M~y~R o~~'a/kersfield,
ATTEST:
ACTING CITY CLERK and Ex O~iclo Clerk of
the Council of the City o~/Bakersfield, CA
CA
MAY896.A
April 29, 1996