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HomeMy WebLinkAbout04/05/1995 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 5, 1995 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLE CAll ACTION TAKEN Present: Absent: Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Chow, Salvaggio Mayor Price MAINTENANCE DISTRICTS PRESENTATION. Community Services Manager Andersen intro- duced Parks Division staff Allen Abe and Business Manager Georgina Lorenzi; and Public Works Engineers Lauren Dimberg and Marian Shaw. Business Manager Lorenzi provided the history and a brief present- ation of maintenance districts. Motion by McDermott to recess to Closed Session at 5:48 p.m. APPROVED CLOSED SESSION Public Employee Performance Evaluation of the City Attorney pursuant to Government Code Section 54957. REVIA~WHELD; MATTER TO APPEAR ON CONSENT CAL- ENDAR IN~WO WEEKS Conference with Legal Counsel (Existing Litigation). Closed Session pursuant to Government Code Section 54956.9(a) regarding Deja Vu rs. City of Bakersfield, United States District Court (Eastern District of California), Case No. CV-F-91-702 REC. RECEIVED UPDATE ONLY Motion by McDermott to adjourn from Closed APPROVED Session at 6:45 p.m. Bakersfield, California, April 5, 1995 - Page 2 REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Mark Salvaggio 2. PLEDGE OFAI I ~GIANCE by Irma Carson 3. ROll CAll ACTION TAKEN Present: Absent: Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Chow, Salvaggio Mayor Price CLOSED SESSION ACTON Vice-Mayor DeMond announced Closed Session action as reflected on Page 1. 5. PRESENTATIONS PUBUC STATEMENTS Louis Vegas spoke requesting permission to place an easement on the corner of Pierce Road and Rio Mirage for comple- tion of the Maxwell Interchange Memorial. Rowles referred this matter to Public Works and City Attorney's Office to begin working with Mr. Vegas. Bruce Keith, representing the Bakers- field Action Team, spoke regarding the multi-use recreation stadium at Sam Lynn. McDermott referred this issue to staff and Urban Development Committee to make sure that any proposals are economically feasible. Vice-Mayor DeMond announced: 1) She will be voting from the Mayor's light; and 2) Hearing Item 9.b. has been withdrawn. Bakersfield, California, April 5, 1995 - Page 3 7. APPOINTMENTS ACTION TAKEN One (1) appointment to the Historic Preservation Commission due to the expiration of term of Pete Leveroni (Ward 4), term expiring March 30, 1995. Motion by McDermott to appoint Marilyn A. Wertz (Ward 5), term expiring March 30, 1999. APPROVED CONSENTCALENDAR Voucher Nos. 7800 to 8380 inclusive, in the amount of $1,919,213.42 and Self Insurance Voucher Nos. 1962 to 2212 inclusive, in the amount of $154,713.56. Minutes of the Workshop, Closed Session and Regular Meeting of March 22, 1995. Co Dedication of Properties: Quitclaim Deed to Dinova Partners for a portion of a drainage ease- ment, located east of Oswell Street and south of State Highway 178. (Ward 3) Quitclaim Deed to Dean and Adah Gay Trust No. 1 for a portion of a drainage easement located east of Oswell Street and south of State Highway 178. (Ward 3) Contract Change Order No. 3, in the amount of $12,614, to Contract No. 94-108 with Spiess Construction Co., Inc. for the construction of the Northeast Bakersfield Sewer Trunk Line, Assessment District No. 93-1. (Ward 3) Resolution regarding the use of funds generated from the passage of Proposi- tion 172, the Local Public Safety Pro- tection and Improvement Act of 1993. Consent to Common Use Agreement with Chevron U.S.A. Inc. for Tract 5602, located at the northeast corner of Brundage Lane and Oswell Street. (Ward 1) REMOVED FOR SEPARATE CONSIDERATION DEED 4169 DEED 4170 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION AGR 95-103 Bakersfield, California, April 5, 1995 - Page 4 8. CONSENTCALENDAR continued ACTION TAKEN go Agreement with Hatch and Parent for the provision of legal services regard- ing matters related to water issues concerning the City. Agreement with Kern Coast Services, Inc. to purchase real property ($20,000), located at 3500 California Avenue (Roxanne's) for road purposes. (Ward 5) Agreement with J.E. Grindstaff, Jr. for construction engineering for the construction phase of California Avenue, Easton Drive to Oak Street and State Route 99 Ramps at California Avenue. (Ward 5) Agreement with Pacific Gas and Electric Company to convert existing overhead facilities to underground at the north- west corner of California Avenue. (Ward 5) Amendment No. 1 to Agreement No. 94-63 with Sutro & Company, Incorporated for underwriting services for Assessment District No. 93-3. (Ward 5) Accept bids from Golden State Peterbilt ($418,982.85) for three replacement automated refuse trucks and Central Valley Truck Center ($88,887.73) for one replacement three axle roll-off bin refuse truck; and appropriate a total amount of $507,871 Fund Balance to the Public Works Operating Budget within the Equipment Management Fund. Transfer $40,000 from Council Contin- gency to the Financial Services Depart- ment Operating Budget within the General Fund for Property Tax Administration Cost. AGR 95-104 AGR 95-105 DEED 4171 AGR 95-106 AGR 95-107 AGR 95-108 REMOVED FOR SEPARATE CONSIDERATION Motion by McDermott to adopt Items (a) through (m) of the Consent Calendar, with the exception of Items b., d., e. and m. APPROVED Bakersfield, California, April 5, 1995 - Page 5 8. CONSENTCALENDAR continued ACTION TAKEN Minutes of the Workshop, Closed Session and Regular Meeting of March 22, 1995. Motion by Salvaggio to adopt Item b. of the Consent Calendar with the correction to the motion on Page 6, Item i. of the minutes of March 22, 1995. APPROVED Contract Change Order No. 3, in the amount of $12,614, to Contract No. 94-108 with Spiess Construction Co., Inc. for the construction of the Northeast Bakersfield Sewer Trunk Line, Assessment District No. 93-1. (Ward 3) Motion by McDermott to adopt Item d. of the Consent Calendar. APPROVED NS ROWLES ABS SMITH eo Resolution regarding the use of funds generated from the passage of Proposi- tion 172, the Local Public Safety Pro- tection and Improvement Act of 1993. Motion by McDermott to adopt Item e. of the Consent Calendar with the dele- tion of the fourth "Whereas" paragraph. RES 60-95 APPROVED NS CARSON SALVAGGIO Transfer $40,000 from Council Contingency to the Financial Services Department Operating Budget within the General Fund for Property Tax Adminis- tration Cost. Motion by Carson to adopt Item m. of the Consent Calendar. APPROVED NS ROWLES SALVAGGIO Bakersfield, California, April 5, 1995 Page 6 9. HEARINGS ACTION TAKEN ao Hearing to consider a Resolution finding that certain weeds, debris and discarded articles on the properties listed below constitute a public nuisance and direct- ing the Chief of the Fire Department to abate such nuisance. Ward 1: North of 122 Hayes; Car wash south of 25 T Street; 501 L Street; 507 L Street; North of 214 Hayes; 1214 Mur- dock; 901 L Street; South of 122 Hayes; South of 245 Northrup; South of 219 Northrup; South of 33 Clyde; North of 400 Brundage. Ward 2: N/E corner Jackson and King; 1330 Quincy. Ward 7: Railroad easement east of Hughes, north of Brookhaven to White Lane. Hearing opened at 7:35 p.m. Fire Prevention Inspector DeMarco requested the following properties be removed because they are in compliance: Car wash south of 25 T Street; and 501 L Street. Hearing closed at 7:35 p.m. Motion by Salvaggio to adopt Resolution, confirming the report of the Fire Chief, with the exception of the Car wash south of 25 T Street; and 501 L Street. RES 61-95 APPROVED Appeal by Ronald D. Dessy for Best Choice Management Company of the Board of Zoning Adjustment's decision to app- rove a modification to permit a reduction in the number of required parking spaces for a proposed mental health center from 111 spaces to 47 spaces at 1721 Westwind Drive and allow shared use of parking spaces with the adjacent Veteran's Admin- istration Clinic, Modification No. 5616. Correspondence was received from Ronald D. Dessy, representing Best Choice Management, dated April 4, 1995, with- drawing the appeal. DELETED Bakersfield, California, April 5, 1995 - Page 7 ~i~ ~ 9. HEARINGS continued ACTION TAKEN Nearing to consider a Resolution adopt- ing fees and service charges pursuant to the Revenue/Cost Comparison System under Chapter 3.70 of the Bakersfield Municipal Code. Vice-Mayor DeMond announced this hear- ing is to receive public comments with no adoption this evening. Hearing opened at 7:40 p.m. Assistant City Manager Waiters provided background information. Barbara Don Carlos, Building Industry Association, spoke. Hearing closed at 7:50 p.m. McDermott requested Budget & Finance Committee review the procedures for collecting the information; what percent was recovered in past; review Item 08180 on Planning Department Permit Worksheet for error in collect- ing 117% and Item 08140 - 160%. DeMond requested Budget & Finance Com- mittee check Item 08280 collecting only 49%. 10. REPORTS 11. DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 102-25 and 103-30 by changing the zoning of 405 acres, generally lo- cated in the downtown central business district, from Multiple Family Residen- tial, Professional and Administrative Office, Neighborhood Commercial, Region- al Commercial and Light Manufacturing to Commercial Center; and from Regional Commercial and Commercial Center to Central Business (ZC 5607). (Ward 2) ORD 3637 11. Bakersfield, California, DEFERRED BUSINESS continued April 5, 1995 - Page 8 ACTION TAKEN do go Ordinance amending Subsections C. and F. of Section 5.10.010, Sections 5.10.020, 5.10.030, 5.10.060, 5.10.070, 5.10.100t 5.10.110, 5.10.120, 5.10.140 and 5.10.150; and adding Section 5.10.125 and repealing Sections 5.10.040 and 5.10.080 of the Bakersfield Municipal Code relating to Ambulances. Ordinance adding Calloway No. 5 Annex- ation to Ward 4, located west of Callo- way Drive between Rosedale Highway and Meacham Road. (Ward 4) Ordinance amending Chapter 8.44 of the Bakersfield Municipal code relating to Fireworks. Ordinance amending Subsection B. of Section 5.02.060, Section 5.02~070, Subsection A. of Section 5.02.200 of the Bakersfield Municipal Code and adding subsection D. to Section 5.02.200 to the Bakersfield Municipal Code relating to the Business License Tax. Ordinance amending Subsection C. of Section 14.12.160 of the Bakersfield Municipal Code and adding Section 14.12.195 to the Bakersfield Municipal Code relating to Sewers. Ordinance adding Sections 13.08.060 and 13.08.070 to Chapter 13.08 of the Bakersfield Municipal Code requiring notices to buyers of property subject to assessment district liens and auth- orizing the reallocation of special assessments from benefitted parcels to other parcels with the express written consent of the owners of the parcels assessed. Motion by McDermott to adopt Items a. through g. of Deferred Business. ORD 3638 ORD 3639 ORD 3640 REMOVED FOR SEPARATE CONSIDERATION ORD 3641 REMOVED FOR SEPARATE CONSIDERATION NAT Motion by DeMond to adopt Items a. through g. of Deferred Business with the exception of Items e. and g. APPROVED Bakersfield, California, April 5, 1995 - Page 9 11. DEFERRED BUSINESS continued ACTION TAKEN Ordinance amending Subsection B. of Section 5.02.060, Section 5.02.070, Subsection A. of Section 5.02.200 of the Bakersfield Municipal Code and adding Subsection D. to Section 5.02.200 to the Bakersfield Municipal Code relating to the Business License Tax. Motion by Carson to adopt Item e. of Deferred Business. ORD 3642 APPROVED NS ROWLES SALVAGGIO Ordinance adding Sections 13.08.060 and 13.08.070 to Chapter 13.08 of the Bakersfield Municipal Code requiring notices to buyers of property subject to assessment district liens and auth- orizing the reallocation of special assessments from benefitted parcels to other parcels with the express written consent of the owners of the parcels assessed. The following individuals were recog- nized to speak: Doris Arnold; Ken Mettler; and Roger Mcintosh, Martin Mcintosh Engineering. Motion by McDermott to adopt the Ordin- ance with the amendment to Page 2, Item Item D. of the ordinance to read "--to pay for improvement that bear a rational nexis to the property to be assessed." ORD 3643 NAT Amended motion by Salvaggio to divide the question and vote on the aspect of public disclosure and the method of allocation of assessments separately. FAILED NS CARSON SMITH MCDERMOTT ROWLES Motion by McDermott to adopt the Ordin- ance with the amendment to Page 2, Item Item D. of the ordinance to read "--to pay for improvements that bear a rational nexis to the property to be assessed." APPROVED NS SALVAGGIO Bakersfield, California, April 5, 1995 - Page 10 11. DEFERRED BUSINESS continued ACTION TAKEN Status Update from Legislative and Liti- gation Committee regarding Casa Royale Cardroom Operation. City Attorney Skousen provided back- ground information. Rowles requested Legislative and Liti- gation Committee develop all three options and bring back to Council at the meeting of April 19, 1995. Vice-Mayor DeMond announced a recess at 8:45 p.m. and reconvened the meeting at 8:50 p.m. 12. NLqN BUSINESS Vice-Mayor DeMond requested New Busi- ness Items b. and c. be brought forward on the agenda. Ordinance adding Kern Canyon No. 1 Annexation to Ward 3, located south- east of Kern Canyon Road and Freeway 178. (Ward 3) Agreement with Mercy Charities Housing California for land acquisition and development assistance for the construc- tion of 56 affordable housing units lo- cated at Madison Street and Casa Loma Drive. Carson recognized Jim Burke to speak. Mr. Burke introduced Sister Amy Bailey, who spoke. Carson recognized Reverend Kimbrel. Motion by Carson to approve Agreement with amendments, subject to City Attor- ney finalizing the agreement: 1) 2) Option to suspend or terminate agree- if owner of property fails to annex; The corporation shall accept refer- rals from agencies; higher ups shall not give preference or priorities to individuals that are referred; and FR AGR 95-109 APPROVED Bakersfield, California, April 5, 1995 - Page 11 12. NEWBUSINESS continued ACTION TAKEN C. 3) Agreement shall be amended so that in the event the corporation fails, conveys, transfers title or refin- ances, the City will receive its appropriate share of its residual receipts determinedby the City's contribution as a percentage of the value of the completed project. Mercy Charities agreed to the amend- ments. ao Exclusive Ice and Roller Hockey Lease at the Bakersfield Convention Center. Vice-Mayor DeMond announced this item will be recognizing individuals to speak in support of and in opposition to staff recommendation. AGR 95-110 The following individuals spoke in support of staff recommendation: Gene Tackett, citizen's Advisory Board Chairperson; Lavonne C. Hall; Richard T. Nelson; Adam Reed; Mike Butters; John Olver; John Rosie; Bruce Taylor; and John Gabriel. The following individuals spoke in opposition to staff recommendation and provided written material: Barry D. Sherer, Gordon A. Franklin, Russell A. Franklin and Becky Miller. Motion by Rowles to approve a Lease with Sports R Us ~]corporated to oper- ate a professional ice hockey team out of the Bakersfield Convention Center. APPROVED Bakersfield, California, April 5, 1995 - Page 12 13. COUNCIL STATEMENTS ACTION TAKEN 14. ADdOURNMENT Motion by McDermott to adjourn at 9:55 p.m. APPROVED MAYO~R of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA APR5.UIN 4/24/95 9:~lam