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HomeMy WebLinkAbout09/28/1994 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 28, 1994 WORKSHOP - 5:15 P.M. - Convention Center Hotel (behind the Hotel by construction shed off Q Street) 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith (arrived at 5:18), Brunni (arrived at 5:17), Rowles, Salvaggio (arrived at 5:28) None TOUR OF CONVENTION CENTER HOTEL. City Manager Tandy, City Department Heads and the public attended a tour of the Hotel. Motion by McDermott to recess to Closed Session at 5:45 p.m. APPROVED AB EDWARDS CLOSED SESSION Conference with Legal Counsel pursuant to Government Code Section 54956.9 regarding potential litigation (4). ATTORNEY AUTHORIZED 'fO FILE NUISANCE ABATEMENT COMPLAINT AGAINST NAGI ' S LIQUOR Closed Session pursuant to Government Code Section 54956.9(a) regarding litigation in the case of Roy F. Saunders vs. City of Bakersfield, Kern Superior Court Case No. 225485-NFT. UPDATE RECEIVED; NAT Bakersfield, California, September 28, 1994 - Page 2 CLOSED SESSION (continued) ACTION TAKEN Conference with Real Property Negotiators, City Manager and agent for Santa Fe Rail- road, pursuant to Government Code Section 54956.8 regarding price and terms of pay- ment for real property located south of the Convention Center, bounded by Santa Fe Railroad tracks on the north, P Street on the east, 14th Street on the south and O Street on the west. AUTHORIZATION TO MAKE AN OFFER ON PROPERTY FOR PARKING Motion by McDermott to adjourn from Closed Session at 6:59 p.m. APPROVED REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Councilmember Mark Salvaggio 2. PLEDGE OF/~1 I FGIANCE 3. ROLL CALL ACTION TAKEN Present: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith, Brunni, Rowles, Salvaggio Absent: None CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on Page 1. Motion by McDermott to add an item to Con- sent Calendar that arose after the Agenda was posted and requires action tonight. APPROVED Resolution dispensing with bidding due to emergency sewer leak at Stockdale Highway at Cross Valley Canal. (Ward 4) PRESENTATIONS "Dunkeroo", the Recycling Kangaroo, Mary Beth Garrison and Sanitation Department Supervisors, provided information on upcoming recycling activities. Bakersfield, California, September 28, 1994 Page 3 6. PUBUC STATEMENTS ACTION TAKEN 7. APPOINTMENTS CONSENTCALENDAR Voucher Nos. 1119 to 1716 inclusive, in the amount of $5,726,975.88 and Self Insurance Voucher Nos. 225 to 488 inclusive, in the amount of $201,103.12. Minutes of the Workshop, Closed Session and Regular Meeting of September 7, 1994. Declare real property (27 acres, for- merly Wastewater Treatment Plant No. 1) bounded by Mt. Vernon Avenue on the west, the drainage retention basin on the south, Quantico Avenue extended on the east and Highway 58 on the north, as surplus and authorize the Finance Director to negotiate its sale. (Ward 1) Notices of Completion and acceptance of work: Contract No. 94-104 with Granite Construction Company for construc- tion of equestrian trail along Kern River under the Kern River Bridge at State Route 178, com- pleted September 12, 1994. 2 o Contract No. 94-52 with Loop Elec- tric for traffic signal and light- ing system modification on Wilson Road at Akers, completed September 2, 1994. 3 o Contract No. 93-183 with Granite Construction Company for Hageman Road Bridge at Friant-Kern Canal and culvert at Calloway Canal, completed August 31, 1994. Contract No. 94-69 with Turman Construction Company for Coffee Road Water Main Extension located on Coffee Road between Brimhall Road and Rosedale Highway; and on Rosedale Highway, east to the Calloway Canal, completed Septem- ber 6, 1994. (Ward 4) REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, September 28, 1994 - Page 4 8. CONSENTCALENDAR continued ACTION TAKEN d. 5o With DeWalt Group Inc. for con- struction of Main Plaza Drive adjacent to Tract No. 5675, Phase 3, and Granite Falls Drive between Main Plaza Drive and Coffee Road, completed August 25, 1994. Plans and Specifications for: Construction of box culvert bridge on Brown Street at Eastside Canal. (Ward 2) Installation of raised reflective pavement markers on major streets. (Wards 1, 2, 3, 5, 6 & 7) Signal interconnect on Truxtun Avenue, Oak Street to A Street. (Wards 2 & 5) Installation of Men's and Women's shower facilities at City Hall South Annex. (Ward 2) Resurfacing various streets in Park Stockdale. (Ward 5) Resolution authorizing the filing of an application with the Kern County Council of Governments for allocation of Trans- portation Development Act Funds for Fiscal Year 1994-95. Resolution designating the Solid Waste Management Advisory Committee as the Local Task Force pursuant to Public Resources Code Section 40950. (AB939) Resolution appropriating $52,000 Asset Forfeiture Funds to the Public Works Operating Budget in the Equipment Man- agement Fund for the purchase of three (3) used replacement vehicles. Improvement Agreement with St. Clair Development for the completion of a portion of Summer Springs Drive, south of Harris Road, in Assessment District No. 93-2. (Ward 6) REMOVED FOR SEPARATE CONSIDERATION RES 155-94 REMOVED FOR SEPARATE CONSIDERATION RES 156-94 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, September 28, 1994 - Page 5 8. CONSENTCALENDAR continued ACTION TAKEN j o Oo Tract Map and Improvement Agreements with Castle & Cooke Homes, Inc. for Tract 5544, Phase B, located south of Brimhall Road, west of Verdugo Lane. (Ward 4) Amendment No. 1 to Joint Agencies Agreement No. 93-127 with Greater Bakersfield Separation of Grade Dis- trict for indemnification of costs or damages relating to hazardous waste cleanup on the Coffee Road Project. Administrative Services Agreement with International City Management Associa- tion (ICMA) Retirement Corporation for Deferred Compensation Plan. Agreement with Riverlakes Ranch Limited Partnership to purchase real property ($22,500) located south of Olive Drive for use as a water well site. (Ward 4) Agreement with Turman Construction Company to extend a 16" diameter domestic water main located on the south side of Rosedale Highway, east of Coffee Road. (Ward 4) Common Use Agreement with North Kern Water Storage District to extend a 16" diameter domestic water main across the Calloway Canal located on the south side of Rosedale Highway, east of Coffee Road. (Ward 4) Agreement with State of California, Department of Transportation, Program Supplement No. 054, for asphalt resur- facing on various streets. (Wards 1, 2, 5, 6 & 7) Accept bid to award Contract to Sully- Miller Contracting Company ($909,700) for resurfacing various streets in Bakersfield, Phase II. (Wards 1, 2, 5, 6 & 7) Accept bid from S.A. Camp Pump Company ($91,560) for drilling, casing and pump testing Ashe Water Well No. CBK 34 for Water & Sanitation Department. (Ward 4) DELETED REMOVED FOR SEPARATE CONSIDERATION AGR 94-193 AGR 94-194 DEED 4060 AGR 94-195 AGR 94-196 AGR 94-197 CON 94-198 94=236 Bakersfield, California, September 28, 1994 - Page 6 8. CONSENT CA~NDAR continued ACTION TAKEN Accept bid from Farm Pump and Irriga- tion Co. ($188,873) for construction of Ashe Water Well No. 33 for Water & Sanitation Department. (Ward 6) Revised job specifications for Building Permit Technician, Engineering Techni- cian I and Human Resources Clerk. (Refer to Personnel Committee) CON 94-202 Posted Street Sweeping Program report from Public Works Department, dated July 1994. (Refer to Urban Development Committee for review and recommendation) Transfer of $3,600 from Council Contin- gency to the City Council Operating Budget in the General Fund for a two- month extension on the Agreement with E. Del Smith & Company for lobbying services in Washington D.C. Wo Resolution dispensing with bidding due to emergency se~Jer leak at Stockdale Highway at Cross Valley Canal. (Ward 4) Correspondence was received from Roger A. Mcintosh, Martin-Mcintosh, representing Castle & Cooke Homes, Inc., dated September 26, 1994, requesting Item j. be pulled from the agenda. Motion by DeMond to adopt Items (a) through (w) of the Consent Calendar, with the dele- tion of Item j. and the exception of Items a., c., e.4., g., i., k., v. and w. REMOVED FOR SEPARATE CONSIDERATIC~ REMOVED FOR SEPARATE CONSIDERATION APPROVED Bakersfield, California, September 28, 1994 - Page 7 8. CONSENTCALENDAR continued ACTION TAKEN Voucher Nos. 1119 to 1716 inclusive, in the amount of $5,726,975.88 and Self Insurance Voucher Nos. 225 to 488 inclusive, in the amount of $201,103.12. Rowles absent due to conflict of interest. Motion by McDermott to adopt Item a. of the Consent Calendar. APPROVED ABS ROWLES Declare real property (27 acres, for- merly Wastewater Treatment Plant No. 1) bounded by Mt. Vernon Avenue on the west, the drainage retention basin on the south, Quantico Avenue extended on the east and Highway 58 on the north, as surplus and authorize the Finance Director to negotiate its sale. (Ward 1) Brunni requested the availability of this property be noticed to the public. Motion by McDermott to adopt Item c. of the Consent Calendar. APPROVED Plans and Specifications for: 4. Installation of Men's and Women's shower facilities at City Hall South Annex. (Ward 2) Motion by McDermott to adopt Item e.4. of the Consent Calendar. APPROVED Resolution designating the Solid Waste Management Advisory Committee as the Local Task Force pursuant to Public Resources Code Section 40950. (AB939) RES 157-94 Motion by DeMond to adopt Item g. of APPROVED the Consent Calendar. Bakersfield, California, September 28, 1994 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Improvement Agreement with St. Clair Development for the completion of a portion of Summer Springs Drive, south of Harris Road, in Assessment District No. 93-2. (Ward 6) Rowles absent due to a previous busi- ness relationship. Motion by McDermott to adopt Item i. of the Consent Calendar. AGR 94-199 APPROVED ABS ROWLES Amendment No. 1 to Joint Agencies Agreement No. 93-127 with Greater Bakersfield Separation of Grade Dis- trict for indemnification of costs or damages relating to hazardous waste cleanup on the Coffee Road Project. Motion by Brunni to adopt Item k. of the Consent Calendar. AGR 94-200 APPROVED Vo Transfer of $3,600 from Council Contin- gency to the City Council Operating Budget in the General Fund for a two- month extension on the Agreement with E. Del Smith & Company for lobbying services in Washington D.C. Motion by McDermott to adopt Item v. of the Consent Calendar. APPROVED NS EDWARDS Wo Resolution dispensing with bidding due to emergency sewer leak at Stockdale Highway at Cross Valley Canal. (Ward 4) Brunni thanked Public Works staff for their excellent handling of the emer- gency. McDermott requested staff consider local contractors whenever possible. RES 158-94 Motion by Brunni to adopt Item w. of APPROVED the Consent Calendar. Bakersfield, California, September 28, 1994 Page 9 9. HEARINGS ACTION TAKE~ Hearing as required by Resolution of Intention No. 1124 to order the vaca- tion of the 33-foot-wide alley in Block 385 located between R and S Streets, north of california Avenue. (Ward 2) Correspondence was received in opposi- tion from Emil John Schaub, Business Manager, California Water Service Com- pany, dated September 22, 1994. Planning Director Hardisty provided background information. Hearing opened at 7:29 p.m. No one spoke at hearing. Hearing closed at 7:30 p.m. Motion by DeMond to adopt Resolution. RES 159-94 APPROVED 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: South of 336 Clifton; South of 239 Clifton; North of 225 Clifton; North of 224 Clifton; 1420 Ralston; 621 & 625 S. Haley; Sunset Tract Lots 25, 26 & 27, South of 519 S. Haley; 500 Chester. Hearing opened at 7:32 p.m. No one spoke at hearing. Hearing closed at 7:32 p.m. Edwards requested City Attorney Skousen provide him with information regarding reimbursement to the City if property is part of a bankruptcy settlement. RES 160-94 Motion by Edwards to adopt Resolution, APPROVED confirming the Report of the Fire Chief. Bakersfield, California, September 28, 1994 - Page 10 lO o REPORTS ACTION TAKEN summary of revised and updated Emergency Operations Plan, dated August 1994, for use during major emergency situations. Assistant Fire Chief McCarthy provided an overview of the Emergency Operations Plan. Brunni referred the following questions to Fire Chief McCarthy for response back: 1) Are there specific guidelines under which the President of the United States can declare a National Emer- gency? 2) Under what circumstances can the President of the United States call an emergency without (State) request? Brunni also submitted written guestions to Assistant Fire Chief McCarthy. DeMond requested the plan designate high school gyms, Bakersfield College, Cal State as shelters in an emergency. Status Report on multi-use facility including minor league baseball. Correspondence was received from nine- teen (19) Bakersfield residents in support of City/County efforts to build a baseball stadium. Correspondence was receive~ from David Lyman, Chairperson, Community Advisory Council, dated September 21, 1994, requesting Council consider southeast Bakersfield as a site for the proposed baseball stadium. Correspondence was received from Rich- ard R. Russell, Chairperson, Citizen's Community Services Advisory Committee, dated September 14, 1994, in support of local baseball. City Manager Tandy provided an update on the baseball/stadium issue. Bakersfield, California, September 28, 1994 - Page 11 10. REPORTS continued ACTION TAKEN McDermott urged everyone to look at the Consultant's Reports. Brunni requested Stockdale/Allen and Stockdale/Renfro not be considered for a facility site. Brunni requested costs of the downtown location site being considered. 11. DEFERRED BUSINESS Ordinance amending Subsections C., D., H., I., J. and 0.4 of Section 16.28.170 of the Bakersfield Municipal Code relat- ing to the minimum lot design standards and required findings for reduction of minimum lot size. (First Reading August 10, 1994 with referral to Urban Develop- ment committee) Ordinance amending Section 17.64.035 of the Bakersfield Municipal Code relating to the authority of the Planning Commis- sion to grant modifications to lot size. (First Reading August 10, 1994 with re- ferral to Urban Development committee) Ordinance amending Subsection B. of Section 17.08.180 of the Bakersfield Municipal Code relating to wall heights within the front yard setback in resid- ential zones. (First Reading August 10, 1994 with referral to Urban Development Committee) Motion by McDermott to adopt Items a. through c. of Deferred Business. ORD 3608 ORD 3609 ORD 3610 APPROVED Resolution instituting collection of maintenance and operating costs for future convenience traffic signals through maintenance districts. RES 161-94 Motion by McDermott to adopt Resolution. APPROVED Bakersfield, California, September 28, 1994 - Page 12 12. NEON BUSINESS continued ACTION TAKE~ Agreement with E. Del Smith & Company for lobbyist services in Washington D.C. Motion by Brunni to approve Agreement and transfer of $21,600 from Council Contingency to City Council Operating Budget in the General Fund. AGR 94-201 APPROVED NS EDWARDS Appointment of voting delegate and alternate for League of California Cities Annual Conference scheduled October 23 - 25, 1994 in Long Beach. DeMond requested the League Resolutions be made available to Council. Motion by McDermott to designate Rowles as Delegate and Assistant City Manager Waiters as Alternate and direct staff to draft a letter to League stating it is not in their best interest to hold an annual meeting immediately prior to an election and ask that they consider an alternate date in the future. APPROVED ABS EDWARDS 12. NEW BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-17 by changing the zoning of 3.46 acres from R-3, Limited Multiple Family Dwelling, to R-2, Limited Multlple Family Dwelling, located approximately 400 feet east of Old River Road, south of Millikan Way and north of the South- ern Pacific Railroad right-of-way. (Ward 4) (ZC 5583} FR Bakersfield, California, September 28, 1994 - Page 13 12. NEWBUSINESS continued ACTION TAKEN Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-22 by changing the zoning of 3.98 acres generally located on the northeast corner of Bernard Street and New Market Way from Planned commercial Development which only allows a physi- cal fitness center to Planned Commercial Development to include development of a 22,000 square foot United Artists Cinema. (Ward 3) (ZC 5584) McDermott requested Item b. be given First Reading and referred to the Urban Development Committee. FR APPROVED Ordinance amending Subsection A. of Section 16.16.080 of the Bakersfield Municipal Code relating to expiration of tentative maps. Ordinance amending Title 17 of the Bakersfield Municipal Code relating to second dwelling units. Ordinance adding Brimhall No. 3 Annexa- tion to Ward 4, located east of Jewetta Avenue, approximately 800 feet north of Brimhall Road. Ordinance amending City of Bakersfield Redevelopment Plan to establish time limits to incur new debt, undertake any Redevelopment Projects and pay existing debt. (Compliance with AB1290) Resolution of Intention No. 1125 to order the vacation of 26th Street between H and Eye Streets and the adjacent alley in Block 115 and setting the public hearing for November 2, 1994. (Ward 2) Brunni absent due to potential conflict of interest. Rowles absent due to property interest. within 300 feet of this area. Motion by DeMond to adopt Resolution of Intention. FR FR FR FR APPROVED ABS BRUNNI ABS ROWLES Bakersfield, California, September 28, 1994 - Page 14 13. COUNCIL STATEMENTS ACTION TAKEN McDermott referred to City Clerk correspon- dence from Chairman Steve Messner resigning from the Planning Commission. McDermott directed Finance Director Klimko to prepare a summary of potential revenue: liens (i.e. weed abatement, building demolition abatement) what's been paid, what's not been paid and anticipated payment; and refer the summary to Budget & Finance Committee for further review. Brunni directed staff to prepare a written explanation of why a November 2nd hearing date is set for New Business Item 12. g. when there was staff comment in the news- papor that there were no hearing dates available until December. Brunni referred to staff the standard of home construction not compatible with the neighborhood in the area of Old Farm Road and Penner (Jen Lee) that is in the process of being annexed to the City and provide her with a list of County persons she can contact to get help in that area. She has pictures available. Brunni referred to staff the ordinance governing outbuildings/storage buildings with referral to Planning Director Hardisty and Urban Development Committee for further review. Brunni referred to the letter from Mayor Price, dated September 22nd, about the Clean Air Symposium he attended in Modesto and asked if he believes the Air Pollution Control Dis- trict is looking at land use planning in our community. Mayor stated that Community Advis- ory Council will be discussing this issue at their October 4th meeting. Brunni referred to staff the need for street lights at Eastgate (original portion of Stockdale Estates), Jamaica Way, and Mesa Verde with a report back. ~ Bakersfield, california, September 28, 1994 - Page 15 13. COUNCIL STATEMENTS (continued) ACTION TAKE~~ Edwards referred to staff the feasibility of communicating to citizens through an insert in the P.G.& E. bill. Edwards thanked Water and Sanitation Manager Bogart for fencing installed on the Kern Delta Canal. Edwards referred to Finance Director Klimko a complaint about an unlicensed business on H Street, near 8th or 9th; Edwards will provide address. Edwards referred to Personnel Committee recruitment of volunteers (i.e. property maintenance enforcement); develop job specifications and descriptions, with a report back to Council. Salvaggio referred to staff the issue of a dead tree causing a possible safety hazard at 4312 Axminster and report back as soon as possible with recommendations. Salvaggio referred to Public Works Depart- ment a traffic signal feasibility study of the South K and Wilson intersection. Salvaggio referred to staff the issue of a parked hot tar trailer at 6205 Castlepoint being near day care homes. Salvaggio requested Planning Director Hard- isty, Police Chief Brummer, Public Works Director Rojas, Community Services Director Andersen meet with him after the meeting to discuss two items: Dorian Drive; and Fair- view & Maurice. Rowles informed Public Works there is a petition from the residents on Elm Street, between 22nd to 24th regarding the feasibil- ity of a cul-de-sac at the area of Highway 178 and requested an information inquiry be made of CalTrans. Bakersfield, california, September 28, 1994 Page 16 13. COUNCIL STATEMENTS (continued) ACTION TAKEN Rowles referred to Streets Department an update of street resurfacing on Candy/Joseph/ Dunlap/North McDonald Way and LaMirada south of Centennial Park. Rowles thanked the Fire Department for the evening picnic with the Belgium Firemen. Rowles thanked Water & Sanitation Manager Bogart & staff for the excellent public meet- ing last night regarding the Toter Program. Rowles referred to Community Development a report dating the census information and CDBG eligibility requirement of funding for the Candy/Dunlap/Morrison/Joseph census tract. Rowles thanked Public Works Director Rojas, Water & Sanitation Manager Bogart, Principal Planner Movius, Community Services Director Andersen, Parks Superintendent Fabbri, and Public Works Engineer III Shaw for working with the Parkway people to address the Kern River Park effort. Rowles referred to Police Department speeding complaints on Bermuda Street (Kern City) and Camino Del Oeste (Ward 4). Rowles mentioned the football game taking place this Saturday at Memorial Stadium Bakersfield High School and Bishop-Amat. DeMond thanked Water & Sanitation Manager Bogart and Waste Management staff for the toter information meeting last night. DeMond referred to Water & Sanitation Manager Bogart the issue of a start date on the Union Avenue billboards. DeMond mentioned the City activities and events taking place in October and distributed t-shirts. Mayor Price announced today is Councilmember Smith's birthday. Bakersfield, California, September 28, 1994 - Page 17 13. COUNCIL STATEMENTS (continued) ACTION TAKE~( Smith referred to staff the feasibility of lighting at Beach Park soccer facilities. DeMond referred to staff the outside lighting not being on in front of City Hall and at the top of the stairways. Mayor requested staff and Councilmembers con- sider cancelling workshops when we have a lot of Closed Sessions. McDermott mentioned AYSO's concern of lights at Beach Park soccer facilities also. McDermott thanked Public Works Director Rojas for the improvements on Brimhall. 14. ADJOURNM£NF Motion by McDermott at 8:48 p.m. APPROVED ~,"/ /// MAY~R of ~he City of Bakersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA SEPT28.MIN 10/14/94 9:14am