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HomeMy WebLinkAbout09/24/1997 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 24, 1997 Council Chambers, City Hall, 150t Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 2. WORKSHOP Walking Tour of Arena Project Site, Parking Lots, Amtrak Station and Q Street Projects. Mayor Price and City Councilmembers McDermott, Sullivan and Carson met at the project sites for a tour at 5:30 p.m. Mayor Pdce called the meeting to order at 6:10 p.m. in Council Chambers. 1. ROLLCALL Present: Absent: Mayor Price, Councilmembers Rowles, Carson, DeMond, McDermott, Sullivan, Salvaggio Councilmember Smith ACTION TAKEN Motion by Rowles to recess to Closed Session at 6:15 p.m. CLOSED SESSION Conference with Legal Counsel §54956.9a - Existing Litigation North Kern, etc. vs. Kern Delta, et al. ("First Point") Tulare County Superior Court Case No. 96-172919 Conference with Legal Counsel §54956.9c - Anticipated Litigation Initiation of Litigation. One potential case. Motion by DeMond to adjourn from Closed Session at 6:53 p.m. APPROVED AB SMITH CITY ATTORNEY AUTHORIZED TO REJECT SETTLEMENT OFFER CITY ATTORNEY RECEIVED INSTRUCTION APPROVED Bakersfield, California, September 24, 1997 - Page 2 REGULAR MEETING INVOCATION by Director Rick Roper, First Assembly of God Church PLEDGE OF ALLEGIANCE by Greg Swoboda, Troop 712 ROLL CALL Present: Absent: Mayor Price, Councilmembers Rowles, Carson, DeMond, Smith, McDermott, Sullivan, Salvaggio None CLOSED SESSION ACTION Mayor Price announced Closed Session Action as reflected on Page 1. PRESENTATIONS Mayor Price introduced Rhonda Whittemore as the new Assistant City Clerk. 6. PUBLIC STATEMENTS 7. APPOINTMENTS CONSENT CALENDAR Minutes: a. September 10, 1997 Council Meeting. Payments: b. Payments from August 30 to September 12, 1997 in the amount of $10,478,770.33; and Self Insurance payments from August 30 to September 12, 1997 in the amount of $189,933.31. ACTION TAKEN Bakersfield, California, September 24, 1997 - Page 3 CONSENT CALENDAR continued Resolutions: Resolution of Intention No. 1164 declaring the City's Intention to order the vacation of 14th Street, from N Street to P Street; O Street from south of 14t~ Street to the Burlington Northern Santa Fe Railway; and the alleys in Blocks 348, 349 and 370. Ward 2 Resolution determining that additional Mobile Data Terminals for use with the Police Department Mobile Data Terminal System cannot be obtained through the ususal bidding procedures and authorizing the Finance Director to dispense with bidding, not to exceed $100,878.28. Ward 4 Resolution amending the official list of designated speed zones, pursuant to California Vehicle Code Sections 22357 and 22358 and Bakersfield Municipal Code Chapter 10.24. Ward 4 Resolution authorizing the Mayor to execute a grant agreement with the California Wildlife Conservation Board to provide Proposition 204 funds for the purchase of real property in the Kern River Parkway. Wards 2,4,5 Amendment No. 2 to Resolution No. 32-92 regarding the establishment of Underground Utility District No. 2, Division 23, West Columbus Street Underground Utilities Project. Ward 2 Agreements: Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5673, Phase 4, north of Harris Road, east of Spring Creek Loop. Ward 4 Agreement with The Greater Bakersfield Convention and Visitor's Bureau for promotion and marketing of convention and visitor services. ACTION TAKEN RES 143-97 REMOVED FOR SEPARATE CONSlDERATION RES 144-97 AGR 97-275 RES 32-92(2) AGR 97-276 ROWLES ABSTAINED DUE TO CONFLICT AGR 97.277 Bakersfield, California, September 24, 1997 - Page 4 CONSENT CALENDAR continued Bakersfield Convention Center Expansion Arena Project, Ward 2:' Agreement with Rossetti & Associates Amhitects, $63,000, for design and specification services regarding the pedestrian bridge over the railread tracks connecting the new Bakersfield Convention Center Expansion Project. Contract Change Order No. 3, $500,000, for the Convention Center Expansion Project Agreement No. 97-76 for construction of a Pedestrian Skybridge at the Burlington Northern Sante Fe Railroad. Workers' Compensation Claims Agreements: Administration 1. Agreement with AIMS for Workers' Compensation claims administration. Amendment No. 2 to Agreement No. 95-154 with Ross & Castillo, $19,794, for continued workers' compensation claims administration. Agreement with Ming Retail Center and The Abitboul Family Trust to close median opening on Ming Avenue. Ward 7 Amendment No. 2 to Agreement No. 96-52 with Kleinfelder Company regarding additional work at the former Panorama Burn Dump, not to exceed $150,000. Ward 3 Bids: Award contract to Franklin Construction, Inc., $151,092.25, for construction of Chip/Cape Seal Project 1997-98. Ward 5 Accept bid frem H.V. Carter Company, Inc., $131,918, for 2 replacement diesel-powered flail mowers. ACTION TAKEN ROWLES ABSTAINED DUE TO CONFLICT AGR 97-278 AGR 97-279 AGR 95-154(2) AGR 97-280 AGR 96-52(2) CON 97-281 Bakersfield, California, September 24, 1997 - Page 5 CONSENT CALENDAR continued Miscellaneous: Contract Change Order No. 4 to Contract No. 96-171 with Granite Construction Company, $39,061.65, for construction of the Coffee Road Overcrossing at the Atchison, Topeka and Santa Fe Railroad. Ward 4 Appropriate $49,757 Developer Contribution from the Subdivider's Trust Account to the Resurfacing Street - Gas Tax Project in the Gas Tax Fund. Wards 2,3,4,6,7 Status report regarding change in 805 Area Code. (Staff recommends City Manager communicate with Public Utilities Commission and legislators) Motion by Rowles to adopt Consent Calendar Items a. through r. with the exception of Item e.; Rowles announced abstention on Items L andj. due to source of income. ACTION TAKEN APPROVED Resolution amending the official list of designated speed zones, pursuant to California Vehicle Code Sections 22357 and 22358 and Bakersfield Municipal Code Chapter 10.24. Ward 4 RES 145-97 McDermott requested a speed limit sign be placed at the portion of Haggin Oaks Boulevard that narrows. Public Works Director Rojas responded, suggesting an advisory sign be placed at the curve. Motion by McDermott to adopt Consent Calendar Item e.; and directing staff to place an advisory sign at the curve on Haggin Oaks Boulevard, reading "Curve Ahead - 25 MPH." APPROVED HEARINGS a. Abatement of Public Nuisance: Resolution confirming the report of the Chief Code Enforcement Officer regarding assessment of properties in the City for the abatement of weeds, debris and waste matter. Wards 1,2,3,4,6,7 RES 146-97 Bakersfield, California, September 24, 1997 - Page 6 HEARINGS continued Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of properties in the City for which dangerous buildings have been demolished or secured against entry. Wards 1,2,7 Development Services Director Hardisty requested the property at 302 Clifton Street be removed from the list of assessments due to abatement being paid. Hearing opened at 7:10 p.m. No one spoke at hearing. Hearing closed at 7:10 p.m. Motion by DeMond to adopt resolutions with an amendment to remove property at 302 Clinton due to payment of assessment. ACTION TAKEN RES 147-97 APPROVED Appeal by D. Parker Chapman of a condition of approval imposed by the Board of Zoning Adjustment regarding Conditional Use Permit No. P97-0345 to allow a 9-hole public golf course to operate in conjunction with an existing motel; and a modification of the parking requirements from 369 spaces to 299 spaces in an M-1 Zone District. (Condition 11.2), 4500 Pierce Road. Ward 5 Development Services Director Hardisty provided background information. Hearing opened at 7:13 p.m. Parker Chapman, operator, Oxford Green's and Golf Course and Park's Place Cafe, and representing the Baney Corporation, Bend, Oregon, spoke in opposition and submitted written material. Hearing closed at 7:19 p.m. Rowles recognized Parker Chapman to speak, agreeing to 1 additional 10 foot net panel; and a condition stating "After 1 year owner will come back and review with staff any incidences occurring on Pierce Road and, if necessary, corrective action to be taken." RES 148-97 Bakersfield, California, September 24, 1997 - Page 7 HEARINGS continued McDermott requested Mr. Chapman consider placing trees along Pierce Road. Motion by Rowles to adopt resolution, overturning the decision of the Board of Zoning Adjustment, approving the appeal; with amendments to Conditions of Approvah · Applicant to submit a drawing for approval, and installing 4 each fO' x lO' nets positioned to preclude golf balls from being hit onto Pierce Road; · Applicant to return in I year to review with City staff any incident reports and success of the protective system for Pierce Road. ACTION TAKEN APPROVED Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield. Public Works Director Rojas provided background information. Hearing opened at 7:40 p.m. Barbara Martin, Building Industry Association, spoke in opposition to staff recommendation. Hearing closed at 7:45 p.m. Motion by McDermott to adopt resolution. Resolution approving the financing of a Continuing Care Retirement Facility by the ABAG Finance Authority for Nonprofit Corporations (TEFRA). City Attorney Skousen provided background information. Hearing opened at 7:50 p.m. No one spoke at hearing. Hearing closed at 7:51 p.m. Motion by McDermott to adopt resolution. RES 149-97 APPROVED NS SALVAGGIO RES 150-97 AGR 97-282 APPROVED Bakersfield, California, September 24, 1997 - Page 8 10, REPORTS ACTION TAKEN 11. DEFERRED BUSINESS Ordinance amending Title 17 and Zoning Map No. 103- 22 from One-Family Dwelling (minimum area 6,000 square feet per dwelling unit) to Planned Commercial Development on 7.35 acres for property located along the south side of Columbus Street between Wenatchee Avenue and Loyola Street. (ZC P97-0056) (First reading 9/10/97) Ward 3 DeMond announced abstention due to source of income. Motion by McDermott to adopt ordinance. ORD 3788 APPROVED NS SMITH ABS DEMOND Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 102-23 and 102- 24 by changing the zoning from Regional Commercial and Light Manufacturing to Planned Commercial Development on 10.1 acres on the south side of Sillect Avenue, east of Pierce Road, north of Riverside Drive. (First reading 9/10/97) Ward 5 Rowles announced abstention due to employer involvement. Smith announced abstention due to advice of the City Attomey. Motion by McDermott to adopt ordinance. 0RD3789 APPROVED ABS ROWLES SMITH Bakersfield, California, September 24, 1997 - Page 9 11. DEFERRED BUSINESS continued Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 102-09, 102-16, 101-25 and 101-35 for 1,420 acres located (1) south of Snow Road to the City Limits north of Hageman Road, between Fruitvale Avenue and Coffee Road; (2) south of Rosedale Highway to Brimhall Road, between Allen Road and Jewetta Avenue; and (3) at the northwest corner of Allen Road and Stockdale Highway from County zoning to City Agriculture, Open Space, Residential Suburban - 5 acres, Residential Suburban - 2.5 acres, Residential Suburban - 1 acre, Residential Suburban - 1 Acre Church, Residential Suburban, Estate, R-2 Limited Multiple Family Dwelling, R-3 Limited Multiple Family Dwelling, Travel Trailer, Neighborhood Commercial, and Regional Commercial. (Prezoning P97-0296) (First reading 9/10/97) Ward 4 Ordinance amending Section 15.41.030 of the Bakersfield Municipal Code relating to seismic safety analyzes of unreinforced masonry buildings. Ordinance adding Chapter 9.35 to the Bakersfield Municipal Code relating to trespassing on private property. Motion by McDermott to adopt Deferred Business Items c., d. and e. ACTION TAKEN ORD 3790 ORD 3791 ORD 3792 APPROVED 12. NEW BUSINESS Ordinance repealing Section 14.12.385 relating to dedicating a source of revenue for state revolving fund loans. Ordinance adding Section 9.22.030 to Chapter 9.22 of the Bakersfield Municipal Code relating to noise, assessing a service fee for second response to Loud Parties. City Attorney Skousen provided background information. Appointment of League Voting Delegate and Alternate to Annual Conference. FR FR Motion by Rowles to appoint Mark Salvaggio as APPROVED Voting Delegate and Irma Carson as Alternate. Bakersfield, California, September 24, 1997 - Page 10 13. COUNCIL STATEMENTS McDermott commended Royal King Kamaya Maya, Jerry Mahala, as the MC at the Centennial Island Fest; and announced the following events regarding the Centennial Foundation: Bakersfield Business Conference Historical book and cookbook signing Centenniel has a web site - www.bakersfield.com ACTION TAKEN DeMond provided an update on the Up on the Roof, Down on the Street event October 10th. Salvaggio thanked City Manager Tandy and Public Works Director Rojas and staff LaRochelie and Shaw for the meeting recently with himself and a constituent requesting to expand his business. Salvaggio referred a concern by Hershel Brown regarding 3 street lights: 1 at the end of Houchin Road; 1 at Houchin Road and Hendrix Lane; and I at Houchin Road and Oscar; and requested staff provide a memo recommending a solution to brighten the illumination of the street lights. He also announced Water Resources Manager Bogart is working on the sump at Fremont, behind the Lucky Market to prevent any possible flooding. Salvaggio announced the birth of his new granddaughter. Carson commented on the honor of representing the City along with the Mayor Price and Councilmember Sullivan on the Sister City Project. Carson referred a letter to Public Works on illegal dumping problems in blighted areas and Industrial Park and requested staff provide a progress report. Carson requested staff report to Council regarding illegal dumping of tires on the property at Cottonwood and E. Brundage Lane, et al. Development Services Director Hardisty and City Manager Tandy responded. Sullivan commented on the privilege to represent Bakersfield on the Sister City Project. Bakersfield, California, September 24, 1997 - Page 11 13. COUNCIL STATEMENTS continued Sullivan thanked staff for the walking tour of the Convention Center Arena Project and parking. Sullivan suggested large dumping bins be placed at specific locations to alleviate the illegal dumping problem. McDermott requested a copy of the illegal dumping report be sent to the Roland Burkert, County of Kern, as well as each of the members of the Board of Supervisors. ACTION TAKEN Mayor provided an update on the Sister City Project in Wakayama, Japan; and Shuchi, China, and thanked everyone who attended. Rowles referred a request by the Tree Foundation regarding a Tree City USA designation in conjunction with the Centennial to Urban Development Committee. DeMond requested an update on the 14 acres by the Kern River Parkway. Rowles thanked Development Services Director Hardisty and Public Works Director Rojas for the work on the drainage issue at Kern City/Sundale area. Salvaggio commented on receiving an invitation to Councilmember Rowles wedding ceremony. 14. ADJOURNMENT Motion by Rowles at 8:20 p.m. MAYOR~OB PRICE of the City of Bakersfield, CA CITY CLERK and Ex Officio Cle~of the Council of the City of Bakersfield, CA APPROVED SEPT24 97 October 10, 1997 (1:59PM)