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