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HomeMy WebLinkAbout11/05/1997 MINUTES CC237 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 5, 1997 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Rowles (seated at 5:21), Carson, DeMond, Smith (seated at 5:29), McDermott (seated at 5:32), Sullivan, Salvaggio None ACTION TAKEN 2. WORKSHOP Privatization of Convention Center/Arena, Ogden Entertainment. City Manager Tandy provided opening comments and introduced Ogden Entertainment representatives Frank Russo, Vice President of Business Development; and Brad Main, Western Regional Vice President, who provided a computer overhead presentation on Facility Management and Food Service and distributed written material. Wastewater Treatment System Financing, Treatment Plant Nos. 2 & 3 Upgrade and Expansion. Finance Director Klimko provided an overhead presentation on financing and use of funds for treatment plants, distributed written material and introduced Doug Houston, George K. Baum & Co., who spoke regarding bond financing. Motion by Rowles to adjourn the Workshop and convene to the Regular Meeting at 7:00 p.m. APPROVED 3. CLOSED SESSION Bakersfield, California, November 5, 1997 - Page 2 REGULAR MEETING INVOCATION by Bishop Gaylen Young, The Church of Jesus Christ of Latter-Day Saints 2. PLEDGE OF ALLEGIANCE by Mark Halihays, Pack 420 3. ROLLCALL Present: Absent: Mayor Price, Councilmembers Rowles, Carson, DeMond, Smith, McDermott, Sullivan, Salvaggio None Mayor Price and Councilmembers introduced Student Body Representatives from 12 area High Schools who served as Mayor, City Council, City Manager, City Attorney, Public Works Director and Development Services Director counterparts this evening in the 43'" consecutive "Teen Government Day": Chesa Crouch, Bakersfield H.S.; Bo Alade, Foohill H.S.; Jason Waugh, Centennial H.S.; Robert Riley, Ridgeview H.S.; Desi Burnette, West H.S; and Jessica Abay, Stockdale H.S. 4. CLOSED SESSION ACTION 5. PRESENTATIONS Gene Tackett, spoke regarding Kern County's 1'~ Annual GEOWeek: Geography Showcase, November 13 - 18, 1997, distributed w~tten material and introduced Juan Tobar, GIS Department; Marsha Ketchall, teacher, Christa McAuliffe School Elementary School; and students Josh Chella, Kevin Fuller and Steven Walker, who presented their projects. Mayor Price presented a proclamation to Gene Tackett, proclaiming November 13 - 18, 1997 as GEOWeek in the City of Bakersfield. ACTION TAKEN PUBLIC STATEMENTS Rich O'Neil, Kern River Bike Path Committee, spoke regarding a proposal of a bike path within the 40-foot buffer along the canal, Allen Road to Stockdale Bridge. Robert Milano spoke regarding street widening and improvements on Ashe Road, curtailing illegal truck parking in a vacant lot on Ashe Road and submitted pictures. Sullivan requested the pictures be provided to Development Services Director Hardisty for recommendations. Bakersfield, California, November 5, 1997 - Page 3 PUBLIC STATEMENTS continued Tom Fallgatter President, Kern River Public Access Committee, spoke regarding property along Stockdale Highway deeded to the committee (Item 11 .c.). (Public Statements continued on Page 9) ACTION TAKEN APPOINTMENTS One appointment to the Board of Zoning Adjustment due to the expiration of term of Judy Skousen, term expiring December 1, 1997. Motion by Rowles to reappoint Judy Skousen, term expiring December t, 2000. APPROVED CONSENT CALENDAR Minutes: a. October 22, 1997 Council Meeting. Payments: Payments from October 10, 1997 to October 24, 1997 in the amount of $5,145,782.76; and Self Insurance payments from October 10, 1997 to October 24, 1997 in the amount of $152,098.21. Resolutions: Resolution appropriating $50,000 Asset Forfeiture monies to the Public Works Operating Budget within the Streets Division for construction of a second shooting bay at the pistol range. Resolution ordering the summary abandonment of the reserved 20 foot wide public utility easement, southeasterly of California Avenue and Oak Street in Parcel 1 of Parcel Map 9723. Ward 2 Resolution determining that certain used vehicles cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with formal bidding, not to exceed $140,000, for 7 replacement sedans for Police Department. Resolution requesting a special meeting between the Mayors of Kern County cities and the Board of Supervisors to discuss implementing changes to the Waste Disposal System. RES f66-97 RES 167-97 RES 168-97 RES ~69-97 Bakersfield, California, November 5, 1997- Page 4 CONSENT CALENDAR continued Resolution establishing Maintenance District TS-2, NW Promenade, confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector. Ward 4 Amendment No. 2 to Resolution No. 105-96 increasing the amount to $18,500,000 relative to a State Revolving Fund loan to upgrade and expand Wastewater Treatment Plant No. 2. Ward 1 Agreements: i. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5863, Phase A, at the southeast corner of Ming Avenue and Buena Vista Road. Ward 4 Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5863, Phase B, at the southeast corner of Ming Avenue and Buena Vista Road. Ward 4 Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5863, Phase E, at the southeast corner of Ming Avenue and Buena Vista Road. Ward 4 Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5863, Phase F, at the southeast corner of Ming Avenue and Buena Vista Road. Ward 4 View Wall Improvement Agreement with Kyle Carter Homes, Inc. for Tract 5688, Phase 1, for completion of wall along Harris Road west of Stine Road. Ward 6 Agreement with State of California, Department of Transportation, for construction of a Traffic Operations Center in the City Hall Annex. Ward 1 Agreement with West Coast Land Service to lease mineral rights in 5.207 acres at Yokuts Park and the Kern River. Ward 5 Agreement with North Bakersfield Recreation and Parks District to indemnify City of Bakersfield for actions arising from the collection of fees pursuant to Chapter 15.82 of the Bakersfield Municipal Code. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION RES 105-96(2) AGR 97-296 AGR 97-297 AGR 97-298 AGR 97-299 AGR 97-300 AGR 97.301 AGR9~302 AGR9~303 AGR9~304 AGR 97-305 AGR 97-306 AGR 97-307 Bakersfield, California, November 5, 1997 - Page 5 CONSENT CALENDAR continued Agreement with Clinica Sierra Vista, Inc., to provide CDBG financial assistance to purchase real property at 711,713, and 725 East California Avenue to develop a primary care/urgent care/walk-in medical services facility. Ward 2 Memorandum of Understanding with the Kern County Superintendent of Schools to provide video services. o. Panorama Burn Dump: Amendment No. 3 to Agreement No. 96-52 with Kleinfelder, Inc. for removal of soil from the former Panorama Burn Dump, not to exceed $380,000. Resolution determining that work for development of an engineering plan and removal of soil from the former Panorama Burn Dump cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding. Agreements with Wilson and Associates for continuing disclosure reports, Wards 4,6: Amendment No. 1 to Consultant's Agreement No. 95-72 for Assessment District 94-3. Amendment No. I to Consultant's Agreement No. 96-231 for Assessment District No. 96-1. Amendment No. 1 to Agreement 95-284 with Capital Management Group (CMG) for City's Flexible Spending (Section 125) Program. Amendment No. 1 to Agreement No. 96-267 with Porter-Robertson, $16,000, for design of Allen Road Trunk Sewer. Ward 4 Bids: Accept bid to award annual contract to Hargis & Son, not to exceed $210,210, for hauling and spreading biosolids at the Wastewater Treatment Plants. Accept low bid from Jim Burke Ford, $771,448.61, for 32 police sedans and 4 full-size sedans (11 replacement, 25 additional). Accept bid from J. C. Henberger Co., $100,332.38, for traffic signal preemption equipment. ACTION TAKEN AGR 97-308 AGR 97-309 AGR 96-52(3) RES 170-97 AGR 95-72(1) AGR 96-231(1) AGR 95-284(1) AGR 96-267(1) CON 97-3f0 Bakersfield, California, November 5, 1997 - Page 6 ~ '~ ~ CONSENT CALENDAR continued Accept low bids from Econolite Control Products, $278,369.52 - 57 items; Jerry Fondaw & Associates, $66,444.38 - 195 items; and MiI-Lektron, $30,646.69 - 20 items, for traffic control equipment (Total $375,460.59). Miscellaneous: Appropriate $16,947 from Assessment District 93-1A Northeast Sewer Fund balance to the Capital Improvement Budget for Contract Change Order Nos. 12 & 13 to Contract No. 94-108 with Spiess Construction Company for construction of the Northeast Trunk Sewer. Ward 3 Motion by Rowles to adopt Consent Calendar Items a. through w. with the exception of Item g.; Smith abstained on Item w. due to owning property nearby. ACTION TAKEN SMITH ABSTAINED DUE TO CONFLICT APPROVED Resolution establishing Maintenance District TS-2, NW Promenade, confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector. Ward 4 Motion by McDermott to adopt Consent Calendar Item g. RES 171-97 APPROVED HEARINGS a. Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of properties for abatement of certain weeds, debris and waste matter. Wards 1,6,7 Development Services Director Hardisty announced property at 36 Planz Road should be removed due to payment of assessment. Hearing opened at 7:24 p.m. No one spoke at hearing. Hearing closed at 7:25 p.m. Motion by Salvaggio to adopt resolution with removal of property at 36 Planz Road due to payment of assessment. RES 172-97 APPROVED Bakersfield, California, November 5, 1997 - Page 7 HEARINGS continued Continued hearing on appeal by Greg Owens of the Board of Zoning Adjustment decision to deny a conditional use permit to allow construction of 2 homes in a Light Manufacturing zone district at 515 Kentucky Street, Teen Challenge. (P97-0066) Ward 2 Development Services Director Hardisty provided background information. Hearing opened at 7:21 p.m. Jack Holt spoke in an unrelated item regarding a lawsuit. Hearing closed at 7:22 p.m. Mayor Price announced the headng will be continued to an unspecified date.. ACTION TAKEN Protest hearing for proposed Assessment District No. 97-1, Spring Meadows II/Stockdale Highway Commercial, as required by Municipal Improvement Act of 1913. Ward4 Hearing opened at 7:22 p.m. No one spoke at hearing. Hearing closed at 7:23 p.m. Mayor Pdce announced the hea#ng will be continued to January 1998. Resolution adopting a request by City of Bakersfield to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element from High Density Residential to Low Density Residential on 20 acres on the south side of Fairview Road, 700 feet west of South Union Avenue. (P97-0406) Ward 7 Development Services Director Hardisty provided background information. Hearing opened at 7:28 p.m. No one spoke at hearing. Hearing closed at 7:30 p.m. RES 173-97 Motion by Salvaggio to adopt resolution. APPROVED Bakersfield, California, November 5, 1997 - Page 8 HEARINGS continued General Plan Amendment P97-0407 regarding street improvements along the west side of Old River Road between Ming Avenue and White Lane, Ward 4: Resolution adopting a request by Martin- Mcintosh, representing Castle & Cooke California, Inc., making findings and amending Condition 9 of Resolution No. 109-90, amending the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, pertaining to phasing of improvements, i.e. sidewalks, street lights, walls and landscaping. Ordinance amending Condition 9 of Ordinance No. 3308 pertaining to revision of street improvements phasing. Development Services Director Hardisty provided background information. Hearing opened at 7:33 p.m. No one spoke at hearing. Hearing closed at 7:33 p.m. Motion by McDermott to adopt resolution and give first reading to ordinance. ACTION TAKEN RES 174-97 FR APPROVED Resolution adopting sewer connection fees pursuant to the Revenue/Cost Comparison System under Chapter 3.70 and Section 14.12.380 of the Bakersfield Municipal Code. Correspondence was received from Barbara Martin, Executive Vice President, Building Industry Association of Kern County, dated November 5, 1997. Hearing opened at 7:31 p.m. No one spoke at hearing. Hearing closed at p.m. Motion by Rowles to adopt resolution. RES 175-97 APPROVED 10, REPORTS Bakersfield, California, November 5, 1997 - Page 9 11. DEFERRED BUSINESS Ordinance amending Section 15.82.070 of the Bakersfield Municipal Code relating to fees for park development and improvement in the North Bakersfield Recreation and Park District (NOR). (First reading 10/22/97) Ward 4 b. Clean-up Legislation (First reading 10/22/97): Ordinance amending Chapter 5.35 of the Bakersfield Municipal Code relating to motion pictures. Ordinance amending Chapter 5.38 of the Bakersfield Municipal Code relating to outdoor festivals, circuses, carnivals and tent shows; and repealing Chapter 5.36 of the Bakersfield Municipal Code relating to circuses, carnivals and tent shows. Ordinance amending Chapter 5.51 of the Bakersfield Municipal Code relating to temporary promotional activities. Ordinance amending Chapter 5.56 of the Bakersfield Municipal Code relating to transient outdoor businesses. Ordinance amending Chapter 10.69 of the Bakersfield Municipal Code relating to special events. Motion by McDermott to adopt Deferred Business Items a. and b. 2.,3.,4,,5, ACTION TAKEN ORD 3803 DELETED ORD 3804 ORD 3805 ORD 3806 ORD 3807 APPROVED Appeal by Martin-Mcintosh, representing Sterling Oaks, of Planning Commission decision approving Vesting Tentative Tract 5881, phased, on the southeast corner of Stockdale Highway and South Allen Road consisting of 209 lots on 84.5 acres, zoned One Family Dwelling, and I lot on 3.38 acres, zoned Open Space. (Continued from 10/22/97) Ward 4 Development Services Director Hardisty provided background information. RES f76-97 PUBLIC STATEMENTS continued d. Roger Mcintosh, Martin-Mcintosh, spoke regarding improvements on Stockdale Highway. Bakersfield, California, November 5, 1997 - Page 10 11. DEFERRED BUSINESS continued Motion by McDermott to adopt resolution with amendment to Conditions 4 - revise language to state "Start the requirement from the Cross Valley Canal to a distance 1,750 feet west; amendment to Condition 20; and refer the bike trail reduction to Planning Commission for General Plan hearing in December. ACTION TAKEN APPROVED NS SAL VA GGIO 12. 13. NEW BUSINESS COUNCIL STATEMENTS McDermott provided a Centennial Foundation Celebration events update: · The Clearing of Centennial Plaza in progress - and moving of the old Chamber of Commerce building November 14, 8:00 p.m.; · Fox Theater events - Steve Winwood - November 19; and Johnny Lee Hooker in the future; · Historical Home Tour - December 1997; · Centennial Store opening in the East Hills Mall next week - shirts, postcards, pins, etc.; · Brick sales increase in price after January 11, 1998; · Centennial Cookbooks and Centennial Portfelts of Bakersfield are available at various bookstores; · Centennial Calendars - available next week; · Rose Parade float - January 1, 1998; · Centennial Parade Gala - January 10, 1998; · First symphony composed for the Centennial - January 11, 1998 DeMond commented on the lawsuit that Jack Holt was referring to this evening and requested staff ascertain information on it. DeMond alluded to the memo received from the Police Department regarding curfews and requested staff schedule a brief workshop in the future. DeMond requested staff review the sight line and street parking on H Street by San Joaquin Hospital. DeMond requested staff explore the feasibility of additional lighting in the parking lots across from the new Downtown School and across from the Buena Vista Museum. DeMond suggested staff read an article by Alfonso Sierra in Washington D.C.'s Community Links publication. Bakersfield, California, November 5, 1997 - Page 11 13. COUNCIL STATEMENTS DeMond announced Linda Ellerby as keynote speaker at the Women's Options Unlimited Conference in Apdl. Salvaggio referred a le~er from Monica Ramsey, regarding constructing sidewalks on Laurel Drive, to the Public Works Department. ACTION TAKEN Salvaggio referred a letter from Panfilo Fuentes to various City departments regarding the impoundment of his vehicle from an easement near t320 Sandra Drive; and requesting abandonment of the easement. Carson thanked the Recreation and Parks Division, Community Development, and staff for the opening of the community center at Lowell Park. Carson requested staff schedule a workshop addressing community violence in Bakersfield. Carson requested the Police Department schedule a meeting with Pacheco Road apartments group regarding the recent violence that has occurred there; and notify her so she may attend. Rowles concurred with Carson on scheduling a workshop addressing community violence. Rowles referred the Urban Forestation issue to Urban Development Committee to recommend incentives for planting trees downtown and cost effective ideas. Smith commented on the trees that were transplanted in front of the Fox Theater. 14. ADJOURNMENT Motion by Rowles.~, ~¢,~YOI~ B6B PRICE of the City of Bakersfield, CA ~--T,,E ST: ~ , CITY CLERK and Ex Officio Clej'k~of the Council of the City of Bakersfield, CA APPROVED