HomeMy WebLinkAbout02/07/1996 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 7, 1996
WORKSHOP - 5:15 P.M· - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTZON TAKEN
Present:
Absent:
Mayor Price, Councilmembers DeMond,
Carson, Smith (seated at 5:30),
McDermott, Rowles (seated at 6:00),
Sullivan, Salvaggio (seated at
6:10)
None
TI~,NSPORTATION IMPACT FEES.
Public Works Director Rojas introduced Public
Works Civil Engineer III Shaw who provided a
status report.
Notion by McDermott to add Closed Session
Item 5. that arose after the agenda was
posted and required action this evening.
APPROVED
AB ROWLES
SALVAGGIO
Notion by DeNond to recess to Closed Session
at 5:45 p.m.
CLOSED SESSION
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 95-16719-J~ and City
of Bakersfleld vs. Riverlakes Ranch, Ltd.,
Kern County Superior Court Case No. 229192-
Conference with Legal Counsel - Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9(a) regarding
Southwest Community Action committee and Jill
Kleiss rs. City of Bakersfield, et al.,
(Marketplace) Kern Superior Court Case No.
229401-NFT.
APPROVED
AB ROWLES
SALVAGGIO
CITY ATTORNEY
RECEIVED
INSTRUCTION
UPDATE RECEIVED
Bakersfield, California, February 7, 1996 - Page 2
CLOSED SESSION continued
ACTION TAKEN
Conference with Legal Counsel - Potential
Litigation. Significant exposure to
litigation pursuant to Government Code
Section 54956.9(h). One potential case.
Attorney Retainer Agreement with Richards,
Watson & Gershon for legal services regarding
legal action concerning the Bakersfield
Landfill and homes along Panorama Drive.
CITY ATTORNEY
AUTHORIZED TO
ACQUIRE OUTSIDE
COUNSEL AND
ENGINEER TO
REPORT TO CITY
COUNCIL REGARD-
ING LANDFILL;
AGR 96-42
PublicEmplcyee Performance Evaluation of the
City Manager pursuant to Government Code
section 54957.
Conference with Legal Counsel - Potential
Litigation. Initiation of litigation pursuant
to Government Code Section 54956.9(c). One
potential case.
Motion by DeMond to adjourn from Closed
Session at 6:58 p.m.
EVALUATION
DELAYEDTO
FEBRUARY 21
CITY ATTORNEY
RECEIVED
INSTRUCTION
APPROVED
REGULAR MEETING - 7:00 P.M.
1.
2. ~ ~"nGE OF .el I r:GIANCE
3. ROLl. CALl.
- Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
by Kathy Megazzi, Vice-Principal, Stockdale
School.
Present:
Absent:
Mayor Price, Councilmembers DeMond,
Carson, Smith, McDermott, Rowles,
Sullivan, Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced Closed Session action
as reflected on Pages 1 and 2.
Christian
ACTION TAKEN
5e
PRESENTATIONS
Mayor Price presented a proclamation to
Marlene Flippen proclaiming April 1996
as Fair Housing Month in Bakersfield.
Bakersfield, California, February 7, 1996 - Page 3
5. PR£SENTA~ONS continued
ACTION TAKEN
be
Mayor Price presented a proclamation to
Irma Carson proclaiming February 1996 as
Black History Month in Bakersfield.
Mayor Price presentation the Golden
Brush Award to the Armitage Family.
Hotion by DeNond to rename the Golden Brush
Award the "Louis Armitage Award, in the
future.
APPROVED
PUBLIC STATEMENTS
Rich O'Neil, Kern River Bike Path
Committee spoke regarding establishing a
theme to plant California native trees
on the Kern River Parkway.
$alvaggio referred the issue of planting
trees along the Kern River Parkway to the
Community Services Committee to place
committee recommendations on the agenda.
de
Bill Cooper, Kern River Parkway
Committee, requested the Kern River
Parkway Plan be amended in regard to the
Final EIR, Table 8.3, Pages 5.2 to 5.4
and requested staff to enter into an
agreement with their organization on
landscaping the Kern River and proceed
with a list of native trees they have
compiled.
Cassandra Ballestero spoke requesting
City join the County Board of
Supervisors for a feasibility study to
form a Municipal Electric District and
submitted written material.
The following individuals spoke
regarding leadership and economic
growth:
Pete Parra, Executive Director,
Employers Training Resource; Brent
Dezember; Brad Barnes; John Gibson,
Attorney, of Gibson & Gibson; and Jill
Kleiss.
7. APPOINTMENTS
Bakersfield, California, February 7, 1996 - Page 4
8. CONSENT CAI..ENDAR
ACTION TAKEN
Payments from January 12 to January 25,
1996 in the amount of $5,409,257.95; and
Self Insurance payments from January 12
to January 25, 1996 in the amount of
$50,717.40.
Minutes of the Workshop, Closed Session
and Regular Meeting of January 24, 1996.
Resolution regarding the operation and
management of Isabella Reservoir for the
proposed critical habitat of the
Southwestern Willow Flycatcher.
Resolution dispensing with bidding due
to Emergency Trunk Sewer Line repairs
under the railroad tracks between
Rosedale and Brimhall on E1 Toro Viejo
Alignment.
Tract Maps and Improvement Agreements:
Final Map and Improvement
Agreements with DeWalt Group, Inc.
for Tract 5716, Phase 2, located
east of Main Plaza and north of
Granite Falls Drive. (Ward 4)
Final Map and Improvement
Agreements with DeWalt Group, Inc.
for Tract 5716, Phase 4, located
east of Main Plaza and north of
Granite Falls Drive. (Ward 4)
3 o
Final Map and Improvement
Agreements with Kyle Carter Homes,
Inc. for Tract 5679, Phase 1,
located west of Gosford Road, south
of South Laurelglen Boulevard.
(Ward 4)
Consultant's Agreement with Almgren &
Koptionak, Inc. for value engineering
and constructibility review services for
upgrade and expansion of Wastewater
Treatment Plant No. 2. (Ward 1)
Independent Contractor's Agreement with
O'Brien-Kreitzberg Inc. for professional
construction management services to
investigate the Buena Vista Sewer Trunk
failure. (Ward 4)
RES 21-96
RES 22-96
AGR 96-30
AGR 96-31
AGR 96-32
AGR 96-33
AGR 96-34
AGR 96-35
AGR 96-36
AGR 96-37
Bakersfield, California, February 7, 1996 - Page 5 ~'~
8. CONSE~I'CA~;NDAR continued
ACTION TAKEN
Amendment No. 4 to Agreement No. 95-256
with Robert Verlaan Associates to
analyze and respond to all comments
received on the Marketplace Draft EIR at
the Planning Commission meeting of
January 4, 1996.
Accept bid to award Contract to Scadex
Corporation ($40,220) to install new
pump motor controls at the Truxtun
Avenue Storm Drain Pump Station. (Ward
5)
Accept bid to award Annual Contract to
Gilliam and Sons, Inc. ($220,640 unit
price comparison only) for earthmoving
and hauling.
ke
Accept bid to award Annual Contract to
Niagara Car Wash ($33,912 unit price
comparison only) for washing City
vehicles.
Accept bid from Bear
($25,623.09) for a
machine.
Cat Manufacturing
crack sealing
Appropriate $17,550 Federal Emergency
Management Agency funds to the Parks
Division Operating Budget within the
Capital Outlay Fund; and transfer $5,85
0 from Council Contingency to the Parks
Division Operating Budget in the Capital
Outlay Fund for replacement of trees
damaged by the 1995 windstorm. (Total:
$23,400)
Referral to Planning Commission for a
public hearing regarding vehicular
closure of various streets. (Wards 2, 5
& 7)
A copy of correspondence was received from
Wanda Anagnostopoulos, District Manager, Kern
River Levee District, to Wayne White, United
States Fish & Wildlife Service, dated January
31, 1996, submitting a letter from Joseph A.
Rickett, District Engineer, Rickett,
DelMarter and Deifel, on behalf of the Kern
River Levee District, in opposition to the
proposed restriction. (Item 8.c.)
AGR 96-38
CON 96-39
REMOVED FOR
SEPARATE
CONSIDERATION
CON 96-40
Bakersfield, California, February 7, 1996 - Page 6
8. CONS~CAIFNDAR continued
ACTION T~KEN
Motion by DeMond to adopt Items (a) through
(n) of the Consent Calendar, with the
exception of Item j.
APPROVED
Accept bid to award Annual Contract to
Gilliam and Sons, Inc. ($220,640 unit
price comparison only) for earthmoving
and hauling.
Salvaggio recognized Paul Sturgeon, Sturgeon
& Son Inc., to speak.
DeMond recognized Scott Gilliam, Gilliam &
Sons, to speak.
Motion by Salvaggio to reject all bids and
readvertise Item j.
Motion by DeMond to adopt Item j. of the
Consent Calendar.
HEARINGS
Hearing as required by Resolution of
Intention No. 1143 ordering the vacation
of the pedestrian walkways (easements)
connecting Julian Avenue and San Ramon
Court to Hughes Lane in Tract 2690.
(Ward 7)
Correspondence was received from Lee R.
Dussell, Right of Way Administrator,
Pacific Bell, dated January 30, 1996,
stating Pacific Bell has no objections
to the vacation/abandonment.
Hearing opened at 8:05 p.m.
No one spoke at hearing.
Hearing closed at 8:05 p.m.
CON 96-41
FAILED
NS DEMOND
CARSON
SMITH
MCDERMOTT
APPROVED
NS SULLIVAN
ABS ROWLES
RES 23-96
Motion bySalvaggio to adopt Resolution. APPROVED
Bakersfield, California, February 7, 1996 - Page 7 ~l
9. H~RINGS continued
ACTION TAKEN
Ordinance amending Title 17 of the
Bakersfield Munlcipal Code and Zoning
Map Nos. 101-3E and 102-31 by changing
the zoning of 229 acres located west of
Calloway Drive, east of the Goose Lake
Slough/Rio Bravo Canal between the
specific Plan Line for the Kern River
Freeway and the Cross Valley Canal from
Planned Unit Development to Planned Unit
Development. (ZC 5656) (Ward 4)
(First Reading 12/13/95}
Hearing opened at 8:08 p.m.
Randy Wheeler, Castle & Cooke, spoke in
support of staff recommendation.
Hearing closed at 8:12 p.m.
Motion by McDermott to adopt Ordinance,
with amendment to Condition of Approval
No. 53, striking the words "North
Bakersfield Recreation and Park District
may grant credit for this facility
toward satisfaction of this
development's park requirement.,; and
adding, "If the policy for park
development credit is adopted for
specific trails planning areas within
the City of Bakersfield, the City
recommends that North Bakersfield
Recreation and Park District give the
applicant park credit for the staging
area improvements which are provided in
excess of $30,000. ·
ORD 3703
APPROVED
Mayor Price announced a recess at 8:22 p.m.
and reconvened the meeting at 8:35 p.m.
Resolution making findings, approving
the Marketplace Environmental Impact
Report and approving the Marketplace
Shopping Center, subject to mitigation
contained in the certified EIR. (Ward
4)
Twenty-six pieces of correspondence have
been received in support of The
Marketplace Shopping Center.
RES 24-96
Bakersfield, California, February 7, 1996 - Page
9. HEARINGS continued
ACTION TAKEN
Ce
Correspondence was received from:
Sherry L. Gentry, dated January 30,
1996, stating her concerns; Mark J.
Ashley, Southwest Community Action
Committee and Jill Kleiss, dated
February 1, 1996, requesting Council
disapprove the Final EIR and consider
including their requested mitigation
measures; and E. Robert Wright, of
Thomas, Snell, Jamison, Russell and
Asperger, representing the Southwest
Community Action Committee and Jill
Kleiss, dated February 5, 1996, urging
Council to disapprove the Final EIR.
City Attorney Skousen
background information.
provided
Hearing opened at 8:35 p.m.
The following individuals spoke in
opposition to staff recommendation:
Jill Kleiss, and submitted copies of
petitions and other written material;
Bob Wright, Attorney, representing the
Southwest Community Action Committee and
Jill Kleiss, and submitted written
material; and Bill Brommelsiek.
The following individuals spoke in
support of staff recommendation:
Roger Mcintosh, Martin-Mcintosh; Larry
Hogle, Land Use Planner, and submitted
written material; Bruce Freeman, Castle
& Cooke; Randy Wheeler, Castle & Cooke,
who requested the public statement from
Conni Brunni at the January 4, 1996
Planning Commission meeting be included
in tonight's hearing; and Conni Brunni,
who submitted her public statement.
The following individuals spoke in
rebuttal (opposition):
Bill Larsen, Consultant, Terra Planning;
and Bob Wright, Attorney, representing
the Southwest Community Action Committee
and Jill Kleiss.
The following individuals spoke in
rebuttal (support):
Roger Mcintosh, Martin-Mcintosh; Larry
Hogle, Land Use Planner; Bruce Freeman,
Castle & Cooke; and Conni Brunni.
Bakersfield, California,
February 7,
1996 - Page 9
9. HEARINGS continued
ACTION T~%~EN
Hearing closed at 9:15 p.m.
McDermott stated that he has met with
people involved with this issue,
including members of the Southwest
Community Action Committee and with
Castle & Cooke.
McDermott recognized Bruce Freeman,
Castle & Cooke; and John Kane, of Robert
Kahn & John Kane & Associates, to speak.
Motion byMcDermott to adopt Resolution,
certifying the Final Environmental
Impact Report, and making the
appropriate 15091, 15093 environmental
findings and reaffirming the approval of
The Marketplace Shopping Center, subject
to all mitigation measures within the
EIR and City codes and regulations.
McDermott requested Bruce Freeman,
Castle & Cooke, to consider the
following additional enhancements above
and beyond anything that would be
required by CEQA:
· A bike lane into the project, from Cal
State to the theater (from Camino Media
into the project)
· Increasing the wall height by one foot
on the south side of Ming Avenue, from
Haggin Oaks to Scarlett Oaks immediately
across from the Marketplace
· Constructing a minimum six foot high
combination landscaped berm and wall on
the southside of the service station
· Recommitting to the architectural
improvements
· Nonsignalized entrances off of Ming
and whether those are needed as part of
the project
· Technological alternatives to speaker
boxes for fast food restaurants
Bruce Freeman, Castle & Cooke,
responded:
· Will commit to the bike lane
· Will commit to increasing the wall
height by a foot provided it is feasible
from an engineering standpoint
· Will commit to landscaping berm and
wall south of the service station
APPROVED
Bakersfield, California, February 7, 1996 - Page 10
9. HEARINGS continued
~CTZON TAKEN
Ce
· Already committed to the Georgian
architecture
· Will look into the nonsignalized
entrances
· Will commit to providing their best
efforts on alternatives to speaker boxes
with available technology
Mayor Price announced a 10-minute recess at
9:40 p.m. and reconvened the meeting at 9:50
p.m.
Mayor Price announced Items 10. a. and 11. b.
have been deleted by staff.
10.
REPORTS
a. Operation of Bingo Games:
Budget and Finance Committee Report
No. 1-96 regarding Operation of
Bingo Games.
Ordinance amending Chapter 5.12 of
the Bakersfield Municipal Code
relating to bingo games.
DELETED
11. DEFERRED BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-21 by changing the zoning of
36.53 acres located north of Harris
Road, east of Spring Creek Loop and west
of the Arvin-Edison Canal from Planned
Unit Development to One Family Dwelling
on 23.62 acres and Limited Multiple
Family Dwelling on 12.91 acres. (ZC
P95-0050) (Ward 6) (First Reading
1/24/96)
ORD 3704
Hotion by Sullivan to adopt Item a. of APPROVED
Deferred Business.
Bakersfield, California, February 7, 1996 - Page 11 .~
11. DEFERREDBUSINESS continued
ACTION TAKEN
Ordinance amending Section 3.20.105 of
the Bakersfield Municipal Code relatinq
to contract procedures not involvinq the
purchase of goods. (First Reading
1/24/96)
DELETED
12. NEW BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-01by changing the zoning of
.84 acres located at the northeast
corner of Castro Lane and Talisman
Avenue from Residential Suburban to One
Family Dwelling. (ZC P95-0113) (Ward
7)
b. Intermodal Ramp Study.
Mayor Price provided
information.
background
Motion by McDermott to provide $5,000
from Council Contingency to the Mayor's
Operating Budget towards the study, if
the other $20,000 is secured.
FR
APPROVED
13. COUNCIL STAlEMEN'rS
Salvaggio reminded staff to schedule a
hearing for Consent Calendar Item 8. n. on
vehicular closures in a timely manner.
Salvaggio again requested a memo from the
Police Department regarding speed monitoring
on Chester W. Nimitz Street. The issue of
speed bumps for this area is in Urban
Development Committee.
Carson inquired to why the collection of
parking violation fees is done outside of the
City. Finance Director Klimko responded.
Sullivan complimented McDermott on his
handling of the Marketplace issue.
Bakersfield,
California, February 7,
1996 - Page 12
13. ~OUNCIL~TA~E~ continued
ACTION TAKEN
Rowles referred to Public Works the issue of
flooding and water drainage in Kern city and
Westwood Estates; and requested a
neighborhood meeting be scheduled to update
the residents.
Rowles referred to Public Works the status of
the Bikepath closure at Freeway 99 and its
reopening.
Rowles referred to Public Works a request to
help residents learn how to reduce trash in
their bins.
Rowles requested Development Services
Director Hardisty provide a progress report
on the half constructed, vacant car wash on
Stockdale Highway, east of New Stine.
DeMond requested Economic Development
Director Wager assist the planners of the
Cinco de Mayo celebration which will beheld
downtown instead of Stramler Park.
14.
Motion by DeMond to adjourn at 10:10 p.m. APPROVED
~OR of ~e City of Bakersfield,
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
CA
FEBT.A
2/22/96 2:34p~