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Home My WebLink About03/20/1996 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 20, 1996 CLOSED SESSION - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION T~KEN Present: Absent: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott (seated at 5:25), Rowles (seated at 5:30), Salvaggio None Motion by DeMond to recess to Closed Session at 5:19 p.m. APPROVED AB MCDERMOTT ROWLES Conference with Legal Counsel - Potential Litigation. Significant exposure to litigation pursuant to Government Code Sect/on 54956.9(b). One potential case. STAFF WAS AUTHORIZED TO MAKE AN OFFER ON THE LANDFILL Conference with Legal Counsel Existing Litigation. Closed Session pursuant to Government Code Section 54956.9(a) in the case of Southwest Co~munity Action Committee and Jill Klelss vs. City of Bakersfield, et al., (Marketplace) Kern Superior Court Case No. 229401-NFT. CITY ATTORNEY WAS GIVEN DIRECTION 4. Public Employes Performance Evaluation of the NAT City Manager pursuant to Government Code Section 54957. Motion by DeMond to recess from Closed Session at 7:00 p.m. APPROVED REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield INVOCATION by Bishop Robby Hunt, The Church of Jesus Christ of Latter-Day Saints. 2. PLEDGE OF ALLEGIANCE Bakersfield, California, March 20, 1996 - Page 3. ROLLCALL ACTION TAW~.N Present: Absent: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Sullivan, Salvaggio None CLOSEDSESSIONAC~ON Mayor Price announced reconvene after Council Closed Session will Statements· PRESENTATIONS Mayor Price introduced David Urner, Sister City Corporation, who recognized Cixi, China, in becoming a 3rd Sister City of the City of Bakersfield. PUBLIC STATEMENTS ae Jean Caughell, Manager of Community Affairs, Occidental Oil & Gas, spoke regarding the proposed Kern River Parkway Volunteer Project April 1 - 30, 1996 and submitted written material. Salvaggio referred this issue to the Community Services Committee. be Rich O'Neil, Kern River Parkway Foundation, donated a grove of trees to be planted in the Kern River Parkway on Earth Day/Clean Air Day, April 20, 1996, and submitted written material. Salvaggio referred this issue to the Community Services Committee. Ce Jim Hustead, Hustead Development, spoke regarding California Trail Day on April 27, 1996 and submitted written material. Bakersfield, California, March 20, 1996 - Page 3 7. APPOINTMENTS ACTION TAKEN One (1) appointment to the Central District Development Agency due to the expiration of term of David Raphael, ter~ expiring April 22, 1996. (Members are nominated by Mayor and confirmed by full Council) Mayor Price nominated David Raphael. Motion by DeMond to reappoint David Raphael to the Central District Development Agency, term to expire April 22, 2000. APPROVED CONSENTCALENDAR Payments from February 24 to March 8, 1996 in the amount of $5,453,279.19; and Self Insurance payments from February 23 to March 8, 1996 in the amount of $215,061.61. Minutes of the Workshop, Closed Session and Regular Meeting of March 6, 1996. Resolution designating Cixi, China, a Sister City of the City of Bakersfield. L and A Oak Designs, Inc., furniture manufacturers: Resolution determining that dust collector equipment for L and A Oak Designs, Inc. can be reasonably obtained from only one vendor, Sherwin-Williams, Inc., and authorizing the Finance Director to dispense with bidding. Agreement with L and A Oak Designs, Inc. to loan Community Development Block Grant Funds. Tract Map and Improvement Agreements with Wattenbarger-Meystedt Development Corporation and Douglas M. Wattenbarger for Tract 5809, Unit A, located at the southwest corner of Panama Lane and Union Avenue. (Ward 7) RES 38-96 RES 39-96 AGR 96-55 AGR 96-56 AGR 96-57 Bakersfield, California, March 20, 1996 - Page 4 8. CONSENT CALENDAR continued ACTION TAKE# Final Map and Improvement Agreement with Williams Development Inc. for Tract 5432, Unit 2, located east of Stine Road, north of Berkshire Road. (Ward 6) Agreement with Godwins Book. and Dickenson for health care consultant services. (Staff recommends referral to Personnel Committee) Amendment No. 1 to Agreement No. 90-78 with Valley Communities, Inc. to allow release of $90,000 from funds withheld by City to pay mitigation fees to United States Fish and Wildlife Service. Amendment No. 1 to Agreement No. 91-71 with Kern Refuse Disposal, Inc., for automation of residential refuse servlce. Accept bid to award Contract to Graham Contractors, Inc. ($122,570.90) for the construction of Northeast area resurfacing - Group I. (Ward 3) Re Accept bid to award Contract to Delta Engineering USA ($86,755.50) for traffic signal installation on Old River Road at Camino Media. (Ward 4) Accept proposal to award Contract to Ken Porter Auction Company (0% commission) for vehicle broker services to sell City surplus large, specialized equipment (other than vice seizure). Accept offer from City of Shafter to purchase 1,000 surplus 300-gallon refuse containers for $5,000. Motion by DeMond to adopt Items (a) through (m) of the Consent Calendar; with the exception of Items g. and I. Agreement with Godwins Booke and Dickenson for health care consultant services. (Staff recommends referral to Community Services Committee) AGR 96-58 REMOVED FOR SEPARATE CONSIDERATION AGR 96-59 REMOVED FOR SEPARATE CONSIDERATION CON 96-60 CON 96-61 CON 96-62 APPROVED Bakersfield, California, March 20, 1996 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Motion by Rowles to refer to Personnel Committee and come back to Council within 30 days with a strategy and recommendation on remarketing of insurance. APPROVED e Amendment No. 1 to Agreement No. 91-71 with Kern Refuse Disposal, Inc., for automation of residential refuse service. Motion by Salvaggio to adopt Item I. of the Consent Calendar. HEARINGS REPORTS ae City Manager's Oral Report No. 2-96 regarding Double Taxation/Maintenance Districts. City Manager Tandy provided a status report with a slide presentation and distributed written material. Motion by Salvaggio to direct staff to construct the proposal into the FY 1996- 97 Budget. AGR 96-63 APPROVED APPROVED 11. DEFERRED BUSINESS Ordinance amending Subsection 17.69.040 A. of the Bakersfield Municipal Code regarding separation and distance requirements for adult entertainment businesses. (First Reading 3/6/96) Ordinance amending Title 12 of the Bakersfield Municipal Code by adding Chapter 12.64 relating to acquisition and improvement of trails and support facillties. (Specific Trails Plan) (First Reading 3/6/96) ORD 3712 ORD 3713 Motion by DeMond to adopt Items a. and APPROVED b. of Deferred Business. Bakersfield, California, March 20, 1996 - Page 6 12, NEW BUSINESS ACTION TAKEN ae Resolution of Application proposing proceedings for annexation of territory to the city of Bakersfleld property identified as Annexation No. 389, Olive Drive No. 2 Annexation, located southwest of Olive Drive and Fruitvale Avenue. (Ward 4) Motion by McDermott to adopt Resolution. RES 40-96 APPROVED Resolution supporting the Kern County Economic Opportunity Corporation's Grant Application to implement the California Mentor Initiative. Carson recognized Cathy Sickel, KCED, to speak. Motion by Carson to adopt Resolution. RES 41-96 APPROVED Pollcy Resolution setting forth the City's Policy on Sponsorship of Industrial Development Bonds. (IDBs). Rowles announced abstention from New Business Items c., d. and e. due to potential conflict of interest. RES 42-96 Motion by DeMond to adopt Policy Resolution. APPROVED ABS ROWLES ee Resolution of Offloial Intent of the City of Bakersfield to reimburse certain expenditures from proceeds of indebtedness. (Ice Skating Center) Agreement with Orrick, Herrington and Buttlille, Bond Counsel, in connection with proposed issue of tax-exempt bonds in a principle amount of approximately $6,500,000. (Ice Skating Center) RES 43-96 AGR 96-64 Motion by DeMond to approve Items d. and APPROVED e. of New Business. ABS ROWLES Bakersfield, California, March 20, 1996 - Page 7 13. COUNCIL STATEMENTS ACTION TAKEN Salvaggio referred the code enforcement problems of trash and weeds, etc. on the northwest corner of South H Street and Fairview Road to staff. $alvaggio referred a code enforcement problem of at 1700 LeMay Avenue to staff, requesting further review and compliance. Salvaggio read correspondence from Bill, Kern River Parkway Foundation, regarding landscaping repairs and status of the funding; and asked the correspondence be distributed to staff and Council. Rowles thanked staff for their enforcement response time. code Rowles referred inception of a long-term landscape plan to Community Services Committee. Sullivan concurred with Rowles and acknowledged the committee's review of the issue. DeMond thanked Code Enforcement staff for their response time. DeMond inquired if the Moreno Valley Report regarding graffiti would be implemented. City Manager Tandy responded that Economic Development staff would be preparing material to be brought before Council for consideration. DeMond requested a status report on the Manor Street planting by Texaco. DeMond referred correspondence from Olen W. Arnold, President, Lamppost Pizza, dated March 12, 1996, regarding the fee structure, to staff. Bakersfield, California, March 20, 1996 - Page 8 13. COUNCIL STATEMENTS continued ~CTZON T~%KEN Rowles referred the Business Preference ordinance to staff and Budget & Finance Committee for analysis. Salvaggio requested staff investigate a graffiti problem on the east side of Highway 99 across from Cal Spas and Holiday RV. 14. ADJOURNMENT Motion by DeMond to Session at 8:00 p.m. reconvene to Closed APPROVED Motion by DeMond to adjourn Closed Session at 10:40 p.m. APPROVED CLOSED SESSION ACTION continued Mayor Price announced Closed Session action as reflected on Page 1. Motion by DeMond to adjourn the Regular Meeting at 10:45 p.m. APPROVED CA ATTEST: ACTING CIT, Y CLE.R~. and.. E~/O_fficio C.lerk of the Council of the City~of Bakersfield, CA MA2096.MIN