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HomeMy WebLinkAbout04/03/1996 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 3, '1996 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Mayor Price, Councilmembers DeMond, Carson (seated at 5:20), Smith, McDermott, Rowles (seated at 5:33), Sullivan (seated at 5:22), Salvaggio Absent: None 2. CONSOLIDATED ~L%INTENANCE DISTRICTS. Parks Superintendent Fabbri provided a slide presentation on the Major Highlights of 1996-97 Assessments and distributed written material. PLANNING COMMISSION INTERVIEWS. Applicants Jeffrey Tkac and Michael Dhanens participated in a question and answer discussion. Motion by DeMond to add Closed Session 4. that arose after the agenda was posted and requires action this evening. APPROVED Motion by DeMond to recess to Closed Session at 5:38 p.m. APPROVED CLOSED SESSION Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to Government Code Section 54956.9(a) in the case of city of Bakersfield rs. Martin S. Morehart, et al., Kern Superior Court Case No. 229263-SPC. CITY ATTORNEY RECEIVED INSTRUCTION TO ACCEPT SETTLEMENT OFFER AGR 96-66 DEED 4418 Bakersfield, California, April 3, 1996 - Page 2 CLOSED SESSION continued ACTION TAKEN Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 concerning property located at the southwest corner of Oak Street and Truxtun Avenue, APN 332-500-11 and APN 332-500-18 (commonly known as Truxtun Avenue/Oak Street Intersection Widening). Negotiating parties: Mr. Don Anderson, Real Property Manager for City of Bakersfield; and 1701 Oak Partners - Guardsman Storage Associates. Under negotiation: All terms. Public Employee Performance Evaluation of the City Manager pursuant to Government Code Section 54956. Conference with Legal Council Existing Litigation. closed Session pursuant to Government Code Section 54956.9(a) in the case of CalOak Development Properties, L.P. vs. City of Bakersfield, et al., Kern Superior Court Case No. 230237-RA Motion by Demond to adjourn Closed Session at 6:58 p.m. CITY ATTORNEY INSTRUCTED TO ACCEPT APPRAISAL NEGOTIATIONS CONTINUING CITY ATTORNEY RECEIVED FURTHER INSTRUCTION APPROVED Bakersfield, California, April 3, 1996 - Page 3 REGULAR MEETING 7:00 P.M. Council Chambers, city Hall 1501 Truxtun Avenue, Bakersfield INVOCATION by Chaplain Ed Meissner, First Assembly of God Church. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL ACTION TAKEN Present: Mayor DeMond, Rowles, Absent: None Price, Councilmembers Carson, Smith, McDermott, Sullivan, Salvaggio CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on Pages 1. and 2. Mayor Price announced: At the Special Meeting of March 25, 1996, City Council met in Closed Session in the case of Southwest Community Action Committee and Jill Kleiss vs. City of Bakersfield, et al., (Marketplace). At that meeting, Council rejected a settlement offer made by SCAC and directed staff to modify language to make a counteroffer. The counteroffer was accepted and the case is settled. 5. PRESENTATIONS PUBLIC STATEMENTS The following individuals spoke regarding the Referral Assistance Network of Kern (RANK) and their progress in implementing a referral service know as HelpLine and submitted written material: Nona Tolentino; Randi Battaglia; Emily Gonzales, KCEOC; and Laura Dennison, League of Women Voters. Carson referred this issue and the request for $16,570 in financial assistance, or in- kind support staff, and a City Representative to participate on the Advisory Board to Budget & Finance Committee. Bakersfield, California, April 3, 1996 - Page 4 7. APPOINTMENTS ACTION TAKEN Two (2) appointments to Planning Commission due to the expiration of terms of Jeffrey T. Andrew and Michael Dhanens (Alternate), terms expiring April 17, 1996. (2 applications received) Ballot Votes: Ward 1 - Dhanens, Tkac Ward 2 - Dhanens, Tkac Ward 3 - Tkac, Dhanens Ward 4 - Tkac, Dhanens Ward 5 - Tkac, Dhanens Ward 6 - Tkac, Dhanens Ward 7 - Dhanens, Tkac Deputy Clerk Stokoe announced the person receiving the highest number of votes for the 4-year Planning Commissioner position was Jeffrey Tkac. Motion by DeMond to appoint Jeffrey Tkac to the 4-year Member position, term to expire April 17, 2000; and Michael Dhanens to the 1-year Alternate position, term to expire April 17, 1997. APPROVED CONSENTCALENDAR Payments from March 9 to March 22, 1996 in the amount of $6,208,415.45 and Self Insurance payments from March 9 to March 22, 1996 in the amount of $107,669.08. Minutes of the Closed Session and Regular Meeting of March 20, 1996; and Special Meeting of March 25, 1996. So Resolution supporting Assembly Bill 2828 which requires the State to create a Local Agency Fiscal Restoration Fund and reallocate monies in that fund to the counties to offset the monies local agencies must contribute to schools. REMOVED FOR SEPARATE CONSIDERATION RES 44-96 Bakersfield, California, April 3, 1996 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Resolution authorizing the filing of an application with Kern Council of Governments for allocation of Transportation Development Act funds for FY 1995-96. Sewer Reimbursement Agreement with Dr. David P. Schale for reimbursement for construction of sewer line and payment of connection and Planned Sewer Area fees for the Green Hills Street area. (Ward 3) Security Agreement (UCC-1) regarding the dust collector for L and A Oak Designs, Inc. Memorandum of Understanding between City of Bakersfield, County of Kern and Kern Council of Governments for Geographic Information Systems. Amendment No. 1 to Consultant's Agreement No. 95-156 with Kimley-Horn and Associates, Inc. ($94,758) for engineering services for the evaluation and design of a Traffic Operations Center. Accept bid to award Contract to Delta Engineering USA ($96,307.36) for traffic signal installation on Howell Drive at Old River Road. (Ward 4) Accept bid to award Contract to B&R Mechanical ($67,339) for construction of Hosking Trunk Sewer for Wible Road Extension. (Ward 7) Accept bids to award Annual Contracts to Ritz Camera Centers ($67,375.55; 56 items) and Sherman Oaks Camera ($17,268.69; 23 items) for camera film stock for Police, Fire and Public Works departments. (Total: $84,644.24) Accept low bid from Quinn Company ($64,055.06) for replacement backhoe loader for Streets Division and Wastewater Treatment Plant No. 2. (Total: $62,311) RES 45-96 AGR 96-67 AGR 96-68 AGR 96-69 AGR 96-70 CON 96-71 CON 96- 72 CON 96-73 CON 96-74 Bakersfield, California, April 3, 1996 - Page 6 8. CONSENTCALENDAR continued ACTION TAKEN Revised job specifications for Fire Engineer. Appropriate $11,154 from Sewer Enterprise Fund balance and $51,157 from Gas Tax Fund balance to the Capital Improvement Budget within the Capital Outlay Fund for the construction of Fire Station No. 13 related off-site work. (Ward 6) Appropriate $12,000 grant from Kern Council of Governments (KernCog) to Economic and Community Development Department Operating Budget for preparation of a Railroad End User Report. (Intermodal Ramp Study) Transfer $378,000 from the Coffee Road Grade Separation Project to the Coffee Road and Brimhall Road Widening Project within the Transportation Development Fund. Authorization to publish Public Notice for citizen review and comment of the Draft FY 1996-97 Annual Action Plan of the Consolidated Plan 2000 (CDGB/HOME). Motion by DeMond to adopt Items (a) through (q) of the Consent Calendar; with the exception of Items b. and q. REMOVED FOR SEPARATE CONSIDERATION APPROVED Minutes of the Closed Session and Regular Meeting of March 20, 1996; and Special Meeting of March 25, 1996. Motion by McDermott to adopt Item b. of the Consent Calendar with recognition that on Closed Session Item 2., Smith was absent; Smith and McDermott were absent on motion to adjourn Closed Session Page 8, Item 14., and motion to adjourn Regular Meeting, Item 14. APPROVED Authorization to publish Public Notice for citizen review and comment of the Draft FY 1996-97 Annual Action Plan of the Consolidated Plan 2000 (CDGB/HOME . Bakersfield, California, April 3, 1996 - Page 7 8. CONSENTCALENDAR continued ACTION TAKEN Motion by McDermott to adopt Item q. of Consent Calendar and refer to Budget & Finance Committee. APPROVED 9. HEARINGS 10. REPORTS 11. DEFERRED BUSINESS Ordinance adding Sections 13.04.021, 13.04.022 and 13.04.023 to the Bakersfield Municipal Code relating to maintenance districts. (First Reading 10/~/95) Motion by Salvaggio to adopt Ordinance. ORD 3714 APPROVED 12. NEW BUSINESS ao Agreement with ASC Treatment Group for assistance to the Anne Sippi Clinic Riverside Ranch facility rehabilitation for $140,000 in CDBG funds to update the property's fire and other safety and handicap-accessible capabilities at 18200 Kern Canyon Road. (Ward 3) Motion by Smith to approve Agreement. AGR 96-75 APPROVED Agreement with Advanced Records Technology, Inc. for City of Bakersfield to provide financial assistance at 417 Watts Drive. (Ward 1) Motion by Carson to approve Agreement. WITHDRAWN McDermott recognized Art Powell to speak. Amended motion by McDermott to approve the loan for $150,000 with repayment of two-thirds of the loan and one-third forgiven. WITHDRAWN Bakersfield, California, April 3, 1996 - Page 8 12. NEW BUSINESS continued ACTION TAKEN Rowles requested Carson and McDermott withdraw their motions to allow for free discussion. Carson and McDermott agreed. Motion by Rowles to refer the item to the April 8th Budget & Finance Committee meeting. WITHDRAWN Rowles requested this item be brought back to Council April 17th. Motion by DeMond to refer the item to the April 8th Budget & Finance Committee meeting. APPROVED 13 . COUNCIL STATEMENTS Salvaggio thanked staff for what they do for Council. Salvaggio referred to Public Works two previous referrals: - further repair of the pothole at Planz Road in front of Planz School. - Continue working with the code enforcement problem at 1700 & 1704 LeMay Avenue for compliance. Salvaggio will speak with the minister who resides in the building on the corner of 5609 South H Street and Fairview Road regarding code enforcement problems and requested his phone number be provided. Salvaggio referenced correspondence from staff to the Public Utilities Commission regarding railroad crossing repair, inferring there had been no response; and requested staff explore options and possibly contact the railroad companies; and respond back to Council. Bakersfield, California, April 3, 1996 - Page 9 13. COUNCIL STATEMENTS continued ACTION TAKEN Salvaggio mentioned the consolidated maintenance district workshop and reminded staff of the curb and gutter projects and also Panama Lane/White Lane widening. Carson requested a list of monies spent on local and outside businesses be prepared for the April 8th Budget & Finance Committee meeting. McDermott thanked staff for attending the Centennial High School meeting and requested staff send correspondence to County of Kern requesting, if they do nothing else, to at least widen Calloway Road from the school south. McDermott requested a status report of freeways and an update on the South Beltway for discussion at the April loth Urban Development Committee meeting. Rowles thanked Development Services staff for their code enforcement. Rowles requested a cronology of activity regarding the car wash property on Stockdale Highway. Rowles thanked staff for the outstanding landscaping work at the Cancer Survivors' Plaza. Rowles mentioned tree planting on the Kern River and Beach Park. Rowles requested a status report on the Eastbourne Way closure. Rowles requested a status report on the light at Fairway and Stockdale Highway. Bakersfield, California, April 3, 1996 - Page 10 13. COUNCIL STATEMENTS continued ACTION TAKEN Mayor Price complimented Council for their attitude during the discussion of New Business Item b. DeMond requested staff inform Art Powell of the time and location of the Budget & Finance Committee meeting. DeMond complimented various staff members for their hard work. DeMond requested Public Works try to get neighborly relations going with the railroad companies and speak with them regarding the necessary railroad crossing repairs. DeMond inquired about the sidewalk repair in the Westchester area and if it has been budgeted for. DeMond mentioned maintenance of property by owners and their responsibilities to the community. Sullivan thanked staff for their referral responses. Sullivan announced she will absent from the April 17, 1996 Council meeting. Sullivan thanked Mayor Price for his compliments to Council. 14. ADJOURNMENT ACTING CITY CLERK the Council of the City of Bakersfield, Motion by DeMond to adjourn at 8:27 p.m. / MA~OR of ~h~/City of Bakersfield, Ex Officio Clerk of CA APPROVED CA