Loading...
HomeMy WebLinkAbout02/08/1995 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 8, 1995 WORKSHOP- 5:15 P.M. - Convention Center Hotel (Parking area behind the Hotel at the contractor's office. Enter on 0 Street at 16th Street) ROLt CA[[ Present: Absent: Mayor Price, Councilmembers DeMond, Carson (seated at 5:25), Smith, McDermott, Rowles, Chow, Salvaggio (seated at 6:05) None ACTION TAKEN TOUR OF CONVENTION CENTER HOTEL (Holiday Inn Select). city Manager Tandy, City Department Heads, Councilmembers and the public attended a tour of the Hotel. Motion by DeMond to recess to Closed Session at 5:40 p.m. CLOSED SESSION Conference with Legal Counsel (Existing Litigation) pursuant to Government Code Section 54956.9(a) in the case of Terra Laverty vs. city of Bakersfield, Mickey Dale Moyer, et al., Kern County Superior Court Case No. 224913-SPG. Conference with Legal Counsel (Existing Litigation) for initiation of litigation pursuant to Government Code Section 54956.9(c) o One potential case. CITYATTORNEY AUTHORIZEDTO ACc'~r $~'~u~E- MENT OFFER CITYATTORNEY AUTHORIZEDTO START LITIGA- TION AGAINST EDUARDO AND CLEMENCIA LOPEZ; AND REFER THE POLICY ON CDBG ID~S TO 17J1~:~' AND FINANCE COMMITTEE Motion by DeMond to adjourn from Closed Session at 6:12 p.m. Bakersfield, California, February 8, 1995 - Page 2 REGULAR MEETING - 7:o0 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Conard Holt, Elder, First Assembly of God Church. 2. PLEDGEOFA. IIr:GIANCE by Kelly Fabris 3. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Chow, Salvaggio None CLOSED SESSION ACTON Mayor Price announced Closed Session action as reflected on Page 1. 5e PRESENTATIONS City Manager Tandy introduced new employee Dolores Buddell-Teubner, Assistant to the City Manager. PUBUC STATEMENTS so The following individuals spoke in opposition to prezoning Harris No. 5 Annexation (Item 11.a.): Lynda Mann, Doug Grove, Melissa Car- Michael, Judy Carmichael, Sharon Bed- ford, and Ed Pixler. APPOINTMENTS One (1) appointment to the Consolidated Transportation Services Agency. DeMond requested this item be continued to the next meeting. 12. NEW BUSINESS Motion by DeMond to add a New Business item to the Agenda that arose after the Agenda was posted and requires action tonight. APPROVED Bakersfield, California, February 8, 1995 - Page 3 ~ ~ 12. NEWBUSINESS continued ACTION TAKEN A Resolution finding that the public convenience will be served by allowing the transfer of license to sell alcohol by the Wine Seller establishment. Motion by DeMond to adopt resolution and refer this matter to staff for implementation of a procedure. RES 19-95 APPROVED CONSENTCALENDAR Voucher Nos. 5809 to 6357 inclusive, in the amount of $3,854,517.67 and Self Insurance Voucher Nos. 1371 to 1545 inclusive, in the amount of $97,817.44. bo Minutes of the Workshop, Closed Session and Regular Meeting of January 25, 1995. Correspondence has been received from Carolyn Einstein, dated January 24, 1995, submitting her resignation from the Central District Development Agency. (Receive and place on file) fe Notice of Completion and acceptance of work for Contract No. 94-119 with Griffith Company for construction of the Bakersfield Municipal Airport north tie-down apron, taxiway and replacement of existing chain-link fencing, completed January 18, 1995. Plans and specifications for: Construction of a Hose Tower at Fire Station No. 2. (Ward 2) Abandonment of McCutcheon Sewer Main. (Ward 6) 3 o Rancheria Road Bridge painting. (Ward 3) Plans and Specifications for widening California Avenue between Real Road and Oak Street. (Ward 5) Bakersfield, California, February 8, 1995 - Page 4 8. CONSEN/CAk~NDAR continued ACTION TAKEN go no mo Contract Change Order No. 2 to Contract No. 94-108 with Spiess Construction Co., Inc. for the construction of the North- east Bakersfield Sewer Trunk Line, Assessment District No. 93-1. ($12,750) (Ward 3) Resolution of Intention No. 1135 declar- ing the City's intention to order the vacation of the unused north 10 feet of the 30 foot wide east/west alley in Block 461, located west of Elm Street between 21st and 22nd Streets. (Ward 5) Resolution establishing Maintenance District No. 2-14 (Interim), confirming the assessment and authorizing collec- tion of assessments by the Kern County Tax Collector (Gosford and District). (Ward 4) Resolution establishing Maintenance District No. 3-08 (Interim), confirming the assessment and authorizing collec- tion of assessments by the Kern County Tax Collector (Ashe and Woodmere). (Wards 4 & 6) Resolution specifying that Kern Canyon Road No. 1 Annexation shall, upon annex- ation, be included within the Greater Bakersfield Separation of Grade District and setting hearing for March 8, 1995 for objections thereto. (Ward 3) Resolution amending the official list of designated speed zones, pursuant to Sections 22357 and 22358 of the Calif- ornia Vehicle Code and Chapter 10.24 of the Bakersfield Municipal Code. (Wards 1, 4, 5, 6 & 7) Resolution in support of the planning and development of a Very High Speed Ground Transportation (VHSGT) System from Southern California to Northern California through the San Joaquin Valley. Resolution authorizing the City Manager to file an application for a Federal Grant for the Bakersfield Municipal Airport. (Ward 1) SMITH ANNOUNCED ABSTENTION FOR CONFLICT RES 20-95 RES 21-95 RES 22-95 REMOVED FOR SEPARATE CONSIDERATION RES 23-95 RES 24-95 Bakersfield, California, February 8, 1995 - Page 5 O~3 8. CONSENT CALENDAR continued ACTION TAKEN Tract Maps/Improvement Agreements: Final Map for Tract 5642 for con- dominium conversion with James A. and Carmen E. Beckstrom, Stephen A. Miller and Trustee Barbara J. Miller, located on the east side of Gosford, north of Westwold. (Ward 4) Final Map and Improvement Agree- ments with Probuilt Development and Construction, Inc. for Tract 5640, Phase i, located at the northwest corner of Coffee Road and Willow Creek Drive. (Ward 4) Final Map and Improvement Agree- ment with Kyle Carter Homes Inc. for Tract 5688, Phase F, located on the north side of Harris Road, approximately one quarter mile west of Stine Road. (Ward 6) Final Map and Improvement Agree- ment with Stine Road Developers for Tract 5688, Phase B, located on the north side of Harris Road, approximately three quarters of a mile west of Stine Road. (Ward 6) Final Map and Improvement Agree- ments with Castle and Cooke Homes Inc. for Tract 5544, Phase B, located on the south side of Brim- hall Road at Verdugo Lane. (Ward 4) Final Map and Improvement Agree- ments with Castle and Cooke Homes for Tract 5756, Phase B, located on the south side of Spring Creek Loop at Misty Breaks Drive. (Ward 4) Final Map and Improvement Agree- ment with Coral Keys for Tract 4957, Unit 3, located on the south side of Harris Road at Ashe Road. (Ward 6) AGR 95-30 AGR 95-31 ROWLES ANNOUNCED ABSTENTION FOR CONFLICT; AGR 95-32 ROWLES ANNOUNCED ABSTENTION FOR CONFLICT; AGR 95-33 AGR 95-34 AGR 95-35 AGR 95-36 AGR 95-37 AGR 95-38 Bakersfield, California, February 8, 1995 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Do Vo Amendment No. 1 to Consultant Agreement No. 94-207 with Cornerstone Engineering, Inc. for surveying and engineering ser- vices for design of expansion of Green Waste Recycling Center, located on East Planz Road at South Mt. Vernon Avenue. (Ward 1) Amendment No. 1 to Consultant Agreement No. 93-154 with Brown and Caldwell for the Wastewater Treatment Master Plan. Agreement with the Kern High School District to provide Hearing Officer services for parking citations received at Kern High School District locations. Agreement with Mobiletown Company (Wattenbarger property) to purchase real property ($12,500) located adjacent to Manor Street for bike path purposes. (Ward 2) Agreements with State of California, Department of Transportation, Program Supplement Nos. 015 and 017, for Calif- ornia Avenue median modifications and resurfacing various streets. Accept bid to award Annual Contract to Gilliam & Sons, Inc. ($63,750) for Wood Waste/Green Waste Grinding Service. Accept bid to award Contract to Lutrel Services, Inc. ($171,513.00) for remov- al and installation of underground storage tanks at the Police Department and Corporation Yard. (Wards 2 & 5) Accept bid to award Contract to West Valley Construction Company ($131,330) for construction of Coffee Road Water Main Extension, Phase II, for the Water & Sanitation Department. (Ward 4) Appropriate $12,500 from the proceeds of the Resolution Trust Corporation (RTC)/Care Foundation Inc. finders fee (Villa de Oro located at 1841-1849 Golden State Avenue) deposited in trust account to the Community Development General Fund Budget. AGR 95-39 AGR 95-40 AGR 95-41 REMOVED FOR SEPARATE CONSIDERATION AGR 95-42 AGR 95-43 CON 95-44 CON 95-45 CON 95-46 Bakersfield, California, February 8, 1995 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN Motion by DeMond to adopt Items (a) through (x) of the Consent Calendar, with the exception of Items 1. and s.; Rowles abstaining on Items 0.3. and 0.4. due to previous business relationship; and Smith abstaining on Item g. due to owning property nearby. APPROVED Resolution amending the official list of designated speed zones, pursuant to Sections 22357 and 22358 of the Calif- ornia Vehicle Code and Chapter 10.24 of the Bakersfield Municipal Code. (Wards 1, 4, 5, 6 & 7) Motion by Salvaggio to adopt Item 1. of the Consent Calendar. RES 25-95 APPROVED Salvaggio requested staff to perform a survey on Panama Lane from South H Street to Union Avenue, and the speed limit to be lowered from 55 mph to 45 mph, rather than 55 mph to 50 mph. Agreement with Mobiletown Company (Wattenbarger property) to purchase real property ($12,500) located adjacent to Manor Street for bike path purposes. (Ward 2) AGR 95-47 DEED 4145 DEED 4146 Motion by McDermott to adopt Item s. of APPROVED the Consent Calendar. NS ROWLES Bakersfield, California, February 8, 1995 - Page 8 9. HEARINGS ACTION TAKEN Hearing to consider a resolution find- ing that certain weeds, debris, and discarded articles on the properties listed below constitute a public nui- sance and directing the Fire Chief to abate such nuisance. Ward 1: Ward 4: Ward 6: Ward 7: 925 K St.; 2241 S. Union Ave- nue; 105 Clifton St.; 2300 S. Union Ave. 10517 Galway Bay; 10805 Gal- way Bay; 7900 McNair. SW corner Hosking & Wible; SE corner Hosking & Wible. south of 3807 Mesa Grande. Hearing opened at 7:25 p.m. No one spoke at hearing. Hearing closed at 7:26 p.m. Salvaggio requested Fire Prevention Inspector DeMarco to speak with neigh- bor Larry Keller regarding the property owner of south of 3807 Mesa Grande. RES 26-95 Motion by DeMond to adopt Resolution, confirming the report of the Fire Chief. APPROVED Resolution adopting Negative Declara- tion and approving application propos- ing proceedings for annexation of terr- itory located east of Madison Street, 630 feet north of Watts Drive, identi- fied as Annexation No. 384, Madison No. 1. (Ward 1) Hearing opened at 7:30 p.m. No one spoke at hearing. Hearing closed at 7:31 p.m. Development Director Hardisty provided background information. RES 27-95 Motion by Carson to adopt Resolution. APPROVED Bakersfield, California, February 8, 1995 - Page 9 ~i 9. HEARINGS continued ACTION TAKEN Public hearing as required by Resolu- tion of Intention No. 1133, to hear public testimony regarding the assess- ments for Maintenance District No. 2-15 (Interim) (Stockdale and coffee/Gosford). (Ward 4) Correspondence was received in support of the proposed district from C. Harvey Campbell, Jr., dated January 31, 1995. Correspondence was received in opposi- tion to the proposed district from: Robert & Carolyn Hardt, dated February 7, 1995; Diane Kind, dated February 6, 1995; Floyd & Caroline Liles, dated February 2, 1995; David & Theresa Liven- good, dated February 5, 1995; Margaret & Jessie Madamba, dated February 7, 1995; Don & Terisifa Moody, February 7, 1995; Robert S. Moran, dated February 6, 1995; Bob M. Nichols, dated February 4, 1995; Bruce & Susie Reese, dated Feb- ruary 6, 1995; Gary K. Wilkinson, dated February 3, 1995; Rick Paul, dated Feb- ruary 8, 1995; and Lee Morales, dated February 8, 1995. Correspondence was also received in opposition from Russell H. Sempell, representing Stockdale Estates and Quailwood property owners, dated Feb- ruary 8, 1995. Eighty (80) printed flyers were signed from Quailwood property owners. Mayor Price announced this is the first of two hearings to be held on this issue, with no action required tonight. A protest hearing is scheduled to be held March 22, 1995. Public Works Engineer III Shaw provided background information. Hearing opened at 7:45 p.m. The following individuals spoke in opposition: Russ Sempell; Rick Paul; John Veird; Bob Moran; and Marge Hardt. Bakersfield, California, February 8, 1995 - Page 10 9. HEARINGS continued ACTION TAKEN The following individuals spoke in support: Ken Secor, President, CalState Bakers- field; Margaret Carlson; Mary Jane Wilson; Joe Doshier; and Roger Mcintosh, Martin-Mcintosh. The following individuals spoke in re- buttal, opposition: Ken Kind; Marge Hardt; and Ken Blanton. Hearing closed at 8:10 p.m. McDermott requested staff produce pic- tures of what straight paving looks like; and cost comparison that shows the difference between stamped brick, landscaping and paving, to be provided for the protest hearing, March 22, 1995. Salvaggio requested Bob Moran, resi- dent, to provide a copy of correspond- ence from past Councilmember Conni Brunni. Mayor Price announced a recess at 8:45 p.m. and reconvened the meeting at 8:55 p.m. Public Hearing as required by Resolu- tion of Intention No. 1134, ordering the vacation of the 33 foot wide alley in Block 350 between 14th Street and the A.T.& S. F. Railway Company tracks, from M Street to N Street. (Ward 2) Correspondence was received in opposi- tion to staff recommendation from: Emil John Schaub, New Business Manager, California Water Service Company, dated February 2, 1995; and Gary E. Fultz, Kern Business Forms, dated February 7, 1995. Correspondence was also received from Lee R. Dussell, Right of Way Adminis- trator, Pacific Bell, dated February 7, 1995, requesting specific language be incorporated in the Council Resolu- tion providing for easements for util- ities. RES 28-95 Bakersfield, California, February 8, 1995 - Page 11 9. HEARINGS continued ACTION TAKEN Public Works Director Rojas provided background information. Hearing opened at 8:59 p.m. Mary Trichell spoke in support of staff recommendation. Hearing closed at 9:00 p.m. Motion by DeMond to adopt Resolution with provisions for appropriate ease- ments. APPROVED Public hearing to determine whether public interest and necessity require taking, by eminent domain, property located at California Avenue, for the purposes of road reconstruction. (Pur- suant to California Code of civil Pro- cedure Section 1245.230) Hearing opened at 9:00 p.m. No one spoke at hearing. Hearing closed at 9:00 p.m. Motion by Rowles to adopt Resolution of Necessity, declaring the public interest and necessity for the taking of certain property, located at Cali- fornia Avenue, for road construction purposes, enabling the City to condemn the subject property. RES 29-95 APPROVED 10. REPORTS Community Services Committee Report No. 2-95 regarding Kern River Parkway Foun- dation's Project at Truxtun and Coffee Road. Motion by Carson to accept Report and APPROVED implement recommendations. Bakersfield, California, February 8, 1995 - Page 12 10. REPORTS continued ACTION TAKEN City Manager Report No. 6-95 regarding Streamlining Task Force. Assistant City Manager Stinson provided an overview of the permit and develop- ment processes. DeMond requested staff to chart the pro- gress taken on each item on the recom- mendation list until they are completed. Rowles requested Council be updated on the progress in 6 - 9 months through a workshop or committee. Salvaggio requested Council be provided with City Attorney's prepared opinion regarding Item 1. Motion by Salvaggio to implement the recommendations and refer Recommenda- tion Items 1. and 2. to the Urban Development Committee. APPROVED city Manager Oral Report No. 7-95 regarding 1995/96 Budget Guidelines. City Manager Tandy provided an over- view of the Fiscal Year 1995-96 Budget Guidelines. 11. DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-23 by prezoning property from County Estate 1/4-acre Residential Suburban and Estate 1/2-acre Residential Suburban to City Residential Suburban on 52 acres, located south of Milo Avenue, north of Tyndall Avenue, between Marbella Street and Marin Street. (Ward 6) Motion by Chow to adopt Ordinance. ORD 3629 APPROVED NS CARSON ROWLES SALVAGGIO Bakersfield, California, February 8, 1995 - Page 13 11. DEFERRED BUSINESS continued ACTION TAKEN bo Ordinance adding Hageman No. 2 Annexa- tion to Ward 4, located southwest of Jewetta and Hageman Road. (Ward 4) Motion by McDermott to adopt Ordinance. ORD 3630 APPROVED Agreement with Destec Energy, Inc. for City of Bakersfield to act as Trustee. (Ward 3) Motion by Smith to approve Agreement. AGR 95-48 APPROVED 12. NEW BUSINESS Ordinance amending Chapter 5.36 of the Bakersfield Municipal Code relating to circuses, carnivals and tent shows. Ordinance amending Subsections C. and F. of Section 5.10.010, Sections 5.10.020, 5.10.030t 5.10.060, 5.10.070, 5.10.100, 5.10.110, 5.10.120, 5.10.140, and 5.10.150; and repealing Sections 5.10.040 and 5.10.080 of the Bakers- field Municipal Code relating to ambulances. Motion by DeMond to refer Item c. back to Budget & Finance Committee. FR APPROVED Do Ordinance adding Section 2.02.030 of the Bakersfield Municipal Code relating to continuous residence of Councilmem- bers in their ward. Motion by Rowles to give First Reading to the Ordinance and refer to Legisla- tive and Litigation Committee to add the appropriate language stating: "Upon the ward boundary lines being changed, if it redistricts the Coun- cilmember out o~ their ward they would continue to serve the remainder of that term"; with the Ordinance being placed on the February 22, 1995 agenda. FR NAT Bakersfield, California, February 8, 1995 - Page 14 12. NEW BUSINESS continued ACTION TAKEN Amended motion by Rowles to give First Reading to the Ordinance and refer to Legislative and Litigation Committee to add the appropriate language, stating: "Upon the ward boundary lines being changed, if it redistricts the Coun- cilmember out of their ward they would continue to serve the remainder of that term"; discuss Charter issues and how the Charter would be effected; and place the Ordinance on the February 22, 1995 agenda. APPROVED NS MCDERMOTT 13. COUNCIL STATEMENTS Salvaggio requested staff provide updates on the proposed traffic signal modification at Planz and Wible Roads; and on the new traffic signal at Akers Road and Panama Lane. Salvaggio thanked staff for their assistance on problems at Pacheco Road and Hughes Lane. Salvaggio requested staff advise him, as soon as possible, if City can compel the property owners at Panama Lane and Colony (David and Eleanor Falk c/o Skiles Ashe & Company, 5401 Business Park South, #126) to place "No Dumping" signs on their property. Salvaggio requested Chief Kelly compel Southern Pacific to clean their property (2 vacant areas north of the sump on the other side of Hughes Lane in front of Brookhaven) Salvaggio thanked the Streets Division for repairing the pot holes on Sidney Drive. Smith referred to Economic and Community Development the issue of the graffiti and property cleanup at convenience store at Oswell and Bernard Street. Smith thanked Public Works Director Rojas for responding to her constituents needs. Bakersfield, California, February 8, 1995 - Page 15 13 o COUNCIL STATEMENTS ACTION TAKEN DeMond thanked City Clerk Secretary Welty for her assistance in responding to a con- stituent. DeMond stated concerns about 'the appearance of the southern view from rooms at the Con- vention Center Hotel; and requested staff check into the future plans for that area and also south of the railroad tracks. 14. ADJOURNMENT Motion by DeMond at 9:55 p.m. APPROVED O~th~e~C~i~ of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA FEBS.A 2/24/95 10:51am BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 22, 1995 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Chow, Salvaggio (seated at 5:25) None 2 o ROUTE 58/KERN RIVER FREEWAY/ROSEDALE HIGHWAY ADOPTION STUDY. Public Works Director Rojas provided back- ground information and a brief synopsis of the existing system and future plans. Alan McCuen, CalTrans, spoke and introduced Mary Frederick, Project Manager; Mike Brady, Engineering Manager; and Rudy Chavez, pro- ject staff person. Mayor Price announced a recess at 5:30 p.m. and reconvened the meeting at 5:40 p.m. FISCAL YEAR 1995-96 CONSOLIDATED SUBMISSION FOR COMMUNITY DEVELOPMENT PROGRAMS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Economic Development Director Wager pro- vided background information on the HUD Program changes and funding. Motion by DeMond to recess to Closed Session APPROVED at 5:50 p.m.