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HomeMy WebLinkAbout12/03/1997 MINUTES CC95.9 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 3, 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: 2. WORKSHOP Mayor Price, Councilmembers Rowles (seated at 5:45), Carson (seated at 5:72), DeMond, McDermott, Sullivan, Salvaggio Councilmember Smith Juvenile Impact Program/Juvenile Curfew Ordinance. Police Chief Brummer introduced Sergeant Lynn, who, along with him, provided a slide presentation and distributed copies of Youth Development Coalition Resource Directory, Juvenile Impact Program from the Office of the Governor and draft ordinance regarding curfew. Sullivan suggested contacting the media to announce the curfew each evening. ACTION TAKEN Amtrak Station Update. Engineering Services Manager LaRochelie provided a status report on the progress of the Amtrak Station. Motion by Rowles to recess to Closed Session at 5:56 p.m. APPROVED AB SMITH CLOSED SESSION Conference with Legal Counsel §54956.9(c) - Potential Litigation. Initiation of litigation. One potential case. Conference with Legal Council §54956.9(a) - Existing Litigation. Greater Bakersfield Separation of Grade District vs. World Oil Corp., etc., et al. Kern Superior Court Case No. 230162 CITY ATTORNEY RECEIVED INSTRUCTIONS CITY ATTORNEY RECEIVED INS TRUC TIONS Bakersfield, California, December 3, 1997 - Page 2 2 6 ~) CLOSED SESSION continued Conference with Legal Council §54956.9(a) - Existing Litigation. Residents for Public Participation, et al. vs. City of Bakersfield, et al. Kern Superior Court Case No. 234032-NFT Motion by McDermott to adjourn Closed Session at 6:40 p.m. ACTION TAKEN CITY ATTORNEY PROVIDED UPDATE APPROVED AB SMITH REGULAR MEETING 1. INVOCATION by Chaplain Ed Meissner, First Assembly of God Chumh PLEDGE OF ALLEGIANCE by Jason Stevens, Troop 100 ROLL CALL Present: Absent: Mayor Price, Councilmembers Rowles, Carson, DeMond, McDermott, Sullivan, Salvaggio Councilmember Smith CLOSED SESSION ACTION Mayor Pdce announced Closed Session Action as reflected on Pages I and 2. 5. PRESENTATIONS PUBLIC STATEMENTS Dennis Fox spoke regarding the graffiti ordinance (Item 12.e.) and submitted written material. Wade Tavorn spoke regarding speeding problems on Elm Street. Salvaggio requested staff provide a paper trail to Mr. Tavorn. Rowles requested staff provide a memo providing a paper trail including actions and options. Bakersfield, California, December 3, 1997 - Page 3 APPOINTMENTS One appointment to the Fire Civil Service Board due to the expiration of term of Craig A. Carver, term expiring December 31, 1997. First Ballot Votes ranked by preference: Ward I - George Ward 2 - George Ward 3 - (absent) Ward 4 - George, Whipp Ward 5 - George Ward 6 - George, Whipp Ward 7 - George Deputy Clerk Stokoe announced the 2 individuals receiving the highest number of points were Michael George and Linda A. Whipp. ACTION TAKEN Second Ballot Votes: Ward 1 - George Ward 2 - George Ward 3 - (absent) Ward 4 - George Ward 5 - George Ward 6 - George Ward 7 - George Deputy Clerk Stokoe announced the individual receiving the highest number of votes was Michael George. Motion by Rowles to appoint Michael George to the 3-year position, term expiring December 31, 2000. APPROVED AB SMITH One appointment to the Police Civil Service Board due to the expiration of term of Steven C. Anderson, term expiring December 31, 1997. First Ballot Votes ranked by preference: Ward 1 - Anderson Ward 2 - Anderson Ward 3 - (absent) Ward 4 - Anderson, Whipp Ward 5 - Anderson Ward 6 - Anderson Ward 7 - Anderson Bakersfield, California, December 3, 1997- Page 4 APPOINTMENTS continued Deputy Clerk Stokoe announced the 2 individuals receiving the highest number of points were Steven C. Anderson and Linda A. Whipp. Second Ballot Votes: Ward 1 - Anderson Ward 2 - Anderson Ward 3 - (absent) Ward 4 - Anderson Ward 5 - Anderson Ward 6 - Anderson Ward 7 - Anderson Deputy Clerk Stokoe announced the individual receiving the highest number of votes was Steven C. Anderson. ACTION TAKEN Motion by Rowles to reappoint Steven C. Anderson to the 3-year position, term expiring December 31, 2000. APPROVED AB SMITH One appointment to the Miscellaneous Civil Service Board due to the expiration of term of Daniel L. Williams, term expiring December 31, 1997. First Ballot Votes ranked by preference: Ward 1 - Williams Ward 2 - Williams Ward 3 - (absent) Ward 4 - Whipp, Williams Ward 5 - Williams Ward 6 - Whipp Ward 7 - Williams Deputy Clerk Stokoe announced the 2 individuals receiving the highest number of points were Daniel L. Williams and Linda A. Whipp, Second Ballot Votes: Ward 1 - Williams Ward 2 - Williams Ward 3 - (absent) Ward 4 - Whipp Ward 5 - Williams Ward 6 - Whipp Ward 7 - Williams Bakersfield, California, December 3, '1997 - Pa9e 5 APPOINTMENTS continued c. Deputy Clerk Stokoe announced the individual receiving the highest number of votes was Daniel L. Williams. ACTION TAKEN Motion by Rowles to reappoint Daniel L. Williams to the 3-year position, term expiring December 31, 2000. APPROVED AB SMITH One appointment to the Kern Mosquito & Vector Control District due to the expiration of term of Scott G. Ladd, term expiring December 31, 1997. First Ballot Votes ranked by preference: Ward I - Mahlmann, Ladd Ward 2 - Ladd Ward 3 - (absent) Ward 4 - Mahlmann, Ladd, Bedard Ward 5 - Mahlmann, Ladd Ward 6 - Mahlmann Ward 7 - Ladd Deputy Clerk Stokoe announced the 2 individuals receiving the highest number of points were Morris C. Mahlmann and Scott G. Ladd. Second Ballot Votes: Ward 1 - Mahlmann Ward 2 - Ladd Ward 3 ~ (absent) Ward 4 - Mahlmann Ward 5 - Mahlmann Ward 6 - Mahlmann Ward 7 - Ladd Deputy Clerk Stokoe announced the individual receiving the highest number of votes was Morris Mahlmann. Motion by Rowles to appoint Morris C. Mahlmann to the 2-year position, term expiring December 3~, ~999. APPROVED AB SMITH Bakersfield, California, December 3, 1997 - Page 6 ~ ~. ~ CONSENTCALENDAR Minutes: a. November 19, 1997 Council Meeting. Payments: Payments from November 8 to November 14, 1997 in the amount of $2,597,559.17; and Self Insurance payments from November 8 to November 14, 1997 in the amount of $91,989.19. Resolutions: Amendment No. 2 to Resolution No. 196-93 to provide clarity for the issuance of sewer revenue bonds, Series 1997 for Wastewater Treatment Plant financing. Agreements: d. Tract Maps and Improvement Agreements: Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5835, Phase B, north of Harris Road, west of Ashe Road. Ward 6 Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5838, Phase C, south of Stockdale Highway, west of Old River Road. Ward 4 Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5845, Phase B, north of Panama Lane, east of Reliance Drive. Ward 6 Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5845, Phase C, north of Panama Lane, east of Reliance Drive. Ward 6 Agreement with Kwik Signs for the administration of a Directional Kiosk Sign Program. Pre-Annexation Agreement with Tak Fouy Chao for City to construct a right turn lane on Allen Road and a sewer lateral and storm drain to the property at the northwest corner of Stockdale Highway and Allen Road. Ward 4 ACTION TAKEN RES 196-93(2) AGR 97-326 AGR 97-327 AGR9~328 AGR9~329 AGR 97-330 REMOVED FOR SEPARATE CONSIDERATION AGR9~331 Bakersfield, California, December 3, 1997 - Page 7 CONSENT CALENDAR continued Bids: Award annual contract to Loop Electric, not to exceed $35,065, for vehicle loop cutting services at various City intersections. Award contract to Loop Electric, $83,680.35, for installation of traffic signal and lighting system on Hageman Road at Riverlakes Drive. Ward 4 Award annual contract to San Joaquin Fence & Supply, not to exceed $188,127, to furnish and install fencing around various City properties and canals. Award contract to Kiewit Pacific Company, $29,239,800, for Wastewater Treatment Plan No. 2 upgrade and expansion; and appropriate $15,381,800 State Revolving Fund loan proceeds and $13,858,000 Fund Balance to the Capital Improvement Budget within the Wastewater Treatment Fund. Ward 1 Award annual contract to Jim Alfter Cement Contractor, not to exceed $453,825, for curbs, gutters and sidewalks. (Staff recommends award of contract and refer issue to an Independent Dispute Resolution Committee.) Miscellaneous: Letter to Cox Communications and Time Warner Entertainment requesting payment of franchise fees as determined by the U.S. Fifth Circuit Court of Appeals. (Staff recommends approval of letter and direct City Manager to forward letter.) Reclassification from Light Equipment Operator to Heavy Equipment Operator - Water. Transfer $30,000 from Council Contingency to City Attorney's Operating Budget in the General Fund for payment of attorney's fees and full satisfaction of all claims in the matter of Southwest Community Action Committee, Kenneth F. Hersh and Jill Kleiss vs. City of Bakersfield and Bakersfield City Council; Kern Superior Court Case No. 233654-NFT. Appropriate $100,000 General Fund Balance to the Non- Departmental Budget within the Self-Insurance Fund for property acquisition. ACTION TAKEN CON 97-332 CON 97-333 CON 97-334 CON 97-335 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, December 3, 1997 - Page 8 CONSENT CALENDAR continued Motion by Rowles to adopt Consent Calendar Items a. through o. with an amendment to Item j. allowing for an appropriation; and with the exception of lfems e., k. and n. Agreement with Kwik Signs for the administration of a Directional Kiosk Sign Program. .Development Services Director Hardisty announced a correction to Page 6, Paragraph d. should read "---and no amendments to this agreement may be made without the written consent of both parties." Motion by McDermott to refer Consent Calendar e. back to staff for review and bring back an amended contract to Council with the inclusion of the franchise/cost recovery element. ACTION TAKEN APPROVED AB SMITH APPROVED NS SA L VA GGIO AB SMITH Award annual contract to Jim Alfter Cement Contractor, not to exceed $453,825, for curbs, gutters and sidewalks. (Staff recommends award of contract and refer issue to an Independent Dispute Resolution Committee.) Mayor announced a correction to the recommendation, to read "--award of contract or refer issue to an Altemate Dispute Resolution Committee." Rowles advised the appointed member names to the Alternate Dispute Resolution Committee will be placed on the December 17, 1997 agenda for approval; and recommendations from the committee will be placed on the January 14, 1998 meeting. Motion by Sullivan to refer Consent Calendar Item k. to the Alternate Dispute Resolution Committee. APPROVED AB SMITH Transfer $30,000 from Council Contingency to City Attorney's Operating Budget in the General Fund for payment of attorney's fees and full satisfaction of all claims in the matter of Southwest Community Action Committee, Kenneth F. Hersh and Jill Kleiss vs. City of Bakersfield and Bakersfield City Council; Kern Superior Court Case No. 233654-NFT. Bakersfield, California, December 3, 1997- Page 9 CONSENT CALENDAR continued n. Motion by Rowles to adopt Consent Calendar Item n. HEARINGS a. Appeal by Donna L. Brown and Harold E. Brown, dba Brass Rail, regarding denial of application for a cabaret permit. Correspondence was received from R.B. Vander Noor, representing Harold E. Brown, requesting a continuance to the meeting of January 28, 1998. Hearing opened at 7:36 p.m. No one spoke at hearing. Hearing closed at 7:37 p.m. Motion by DeMond to defer Hearing Item a. to the meeting of January 28, 1998. Appeal by Wal-Mart Stores Inc. of the Board of Zoning Adjustment decision denying a conditional use permit (P97-0612) to allow 26 metal storage containers, totaling 8,960 square feet, in a Regional Commercial zone at 2300 White Lane. Ward 7 Correspondence was received from Steve W. Nichols, Young Woolridge, representing Wal-Mart Stores Inc., requesting hearing b. and c. be rescheduled to the meeting of December 17, 1997. Hearing opened at 7:40 p.m. No one spoke at hearing. Hearing closed at 7:40 p.m. Development Services Director provided background information on the White Lane problems. Salvaggio recognized Steve Nichols, Young Woolridge, representing Wal-Mart Stores, Inc., to speak. Motion by Salvaggio to defer Hearing Item b. to the meeting of December 17, 1997. ACTION TAKEN APPROVED NS CARSON DEMOND AB SMITH APPROVED AB SMITH NAT Bakersfield, California, December 3, 1997 - Page 10 ~,,, 'O ,~) HEARINGS continued Amended motion by McDermott to grant a delay of 2 weeks, contingent upon removal of the previous 8 containers by December 10, 1997, otherwise delay will not be granted. Motion by Salvaggio to defer Hearing Item b. to the meeting of Decemb?r~7, 1997. Appeal by Wal-Mart Stores Inc. of the Board of Zoning Adjustment decision denying a conditional use permit (P97-0614) to allow 36 metal storage containers, totaling 11,520 square feet, in a Planned Commercial Development zone at 2601 Fashion Place. Ward 3 Development Services Director Hardisty provided background information. Hearing opened at 8:32 p.m. No one spoke at hearing. Hearing closed at 8:32 p.m. Motion by DeMond to defer to the meeting of December 17, '/997. Mayor announced a 5-minute recess at 8:35 p.m. and reconvened the meeting at 8:40 p.m. ACTION TAKEN FAILED NS ROWLES CARSON DEMOND SULLIVAN SAL VA GGIO AB SMITH APPROVED NS MCDERMOTT AB SMITH APPROVED NS MCDERMOTT AB SMITH Appeal by Martin-Mcintosh Engineering, representing Castle & Cooke California, Inc., of the Board of Zoning Adjustment decision denying a modification (P97-0601) to reduce the required front yard setback from 25 feet to 15 feet, reduce the required rear yard from 20 feet to 12 feet and reduce the required side yard setback from 5 feet to 2 feet on 23 lots where construction of single family homes is proposed at 11201 Ming Avenue (Vesting Tentative Tract 5863). Ward 4 Development Services Director Hardisty provided background information. RES 184-97 Bakersfield, California, December 3, 1997 - Page 11 10. HEARINGS continued d. Hearing opened at 8:45 p.m. Roger Mcintosh, Martin-Mcintosh Engineering, representing Castle & Cooke California, spoke in opposition to staff recommendation, submitted written material; and introduced Mary Keesling, Castle & Cooke California, who also spoke. Hearing closed at 8:55 p.m. Motion by McDermott to adopt resolution, upholding the BZA decision. Resolution adopting fees and service charges pursuant to the Revenue/Cost Comparison System, Chapter 3.70 of the Bakersfield Municipal Code, regarding sewer connection fees. Hearing opened at 9:23 p.m. No one spoke at hearing. Hearing closed at 9:23 p.m. Motion by Rowles to adopt resolution. REPORTS a. City Manager Oral Report No. 7-97 regarding Progress of Contract Negotiations with Ogden Entertainment. City Manager Tandy provided an update to the negotiations. ACTIONTAKEN APPROVED NS ROWLES SULLIVAN AB SMITH RES 185-97 APPROVED NS MCDERMOTT AB SMITH 11. DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 124-06 and 124- 07 changing the zoning from County to City One Family Dwelling, Limited Multiple Family Dwelling, Commercial and Professional Office, Neighborhood Commercial, Regional Commercial, Light Manufacturing and General Manufacturing at south of Belle Terrace to Planz Road between South H Street and Union Avenue. Wards l, 7 (Prezoning P97-0533) (First reading 11/19/97) ORD 3809 Bakersfield, California, December 3, 1997 - Page 12 11. DEFERRED BUSINESS continued Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-15 by changing the zoning on 2.01 acres from One Family Dwelling to One Family Dwelling-Church at the southeast corner of Fruitvale Avenue and Olive Springs Drive. Ward 3 (ZC P97-0553) (First reading 11/19/97) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-35 by changing the zoning on 3.74 acres from One Family Dwelling to One Family Dwelling-Church at the northwest corner of Stockdale Highway and Real Road. Ward 5 (ZC P97-0549) (First reading 11/19/97) Ordinance adding Chapter 2.37 to establish POST standards for the recruitment and training of telecommunicators; and allowing the Police Department to be reimbursed for the cost of POST-certified dispatch training. (First reading 11/19/97) Ordinance amending Section 9.36.070 relative to graffiti removal. (First reading 11/19/97) Motion by Salvaggio to adopt Deferred Business Items a. through e. ACTION TAKEN ORD 3810 ORD 3811 ORD 3812 ORD 3813 APPROVED AB SMITH 12. NEW BUSINESS 13. COUNCILSTATEMENTS Salvaggio referred a letter and video from Alex Candia Sr. to Development Services Director Hardisty regarding neighborhood noise west of Wible, south of Pacheco, adjacent to Crest Drive-in, south of Cal-crete, Salvaggio thanked Public Works Director Rojas for the memo to City Manager Tandy regarding a left turn phase at Planz Road. Salvaggio requested staff look into the feasibility of a 3-way stop at Camp and Fairview Road. Sullivan requested Public Works provide a memo informing her when the 3-way stop was placed at Real Road and Planz and why it was necessary. Bakersfield, California, December 3, 1997 - Page 13 13. COUNCIL STATEMENTS continued Sullivan requested Development Services Director Hardisty meet with her and provide an update regarding Derrel's Mini Storage on Ashe Road. ACTION TAKEN Carson requested information on the feasibility of 4-way stops at Chester Lane/Oleander and at 8th/T Streets. DeMond advised Development Services Director Hardisty that Mary Helen Barro will be contacting him. Rowles requested staff prepare a summary memo regarding the speeding issue on Elm Street. Rowles requested information on the feasibility of a traffic signal at Rio Mireda and Pierce Road and advise of the time line. Rowles requested staff provide the status of drainage on Rio Mirada and Pierce Road and advise of the time line. Rowles referred a letter to staff regarding a need for a crossing guard at Truxtun Avenue and A Street near Franklin School. 14. ADJOURNMENT Motion by Rowles at 9:41 p.m. MAYOR B(~ PRICE of the City of Bakersfield, CA ATTEST: ASSISTANT CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA APPROVED AB SMITH DEC3.97 December 19, 1997 (8:28AM)