HomeMy WebLinkAbout01/28/1998 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 28, 1998
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles (seated at
5:55 p.m.), Carson, DeMond, Smith (seated at
5:22 p.m.), McDermott, Sullivan (seated at 5:22
p.m.), Salvaggio
None
ACTION TAKEN
WORKSHOP
a. Abatement of Waste Tire Disposal Sites.
Development Services Director Hardisty provided an
update and distributed written material titled Waste Tire
Disposal.
Presentation of New Site Plan Review Ordinance.
City Attorney Skousen provided an update and
distributed written material titled Site Plan Review and
CEQA Implementation Procedures.
Motion by McDermott to recess to Closed Session at 5:46
p.m.
APPROVED
AB ROWLES
CLOSED SESSION
Conference with Legal Counsel §54956.9(a) - Existing
Litigation
City of Bakersfield vs. U.S. Fire Insurance Company,
et al.
Kern Superior Court Case No. 233091-SPC
Conference with Legal Counsel §54956.9(a) - Existing
Litigation
City of Bakersfield vs. Kenko, inc., et al.
Kern Superior Court Case No. 233556-SPC
UPDATE RECEIVED
UPDATE RECEIVED
Bakersfield, California, January 28, 1998 - Page 2
CLOSED SESSION continued
Conference with Legal Counsel §54956.9(a) - Existing
Litigation
Spiess Construction Company, Inc. vs. City of Bakersfield
Kern Superior Court Case No. 232532-SPC
Conference with Legal Counsel §54956.9(c) - Potential
Litigation
Initiation of Litigation. One potential case.
Conference with Legal Counsel §54956.7
License/Permit Determination. One applicant.
Motion by Rowles to adjourn from Closed Session at
6:55 p.m.
ACTION TAKEN
UPDATE RECEIVED
UPDATE RECEIVED
CONDUCTED PUBLIC
HEARING ACTION
WILL BE REFLECTED
UNDER 9.d.
APPROVED
REGULAR MEETING
INVOCATION by Richard Williams, First Assembly of God Church
PLEDGE OF ALLEGIANCE by Councilmember McDermott
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
Pages 1 and 2.
5. PRESENTATIONS
PUBLIC STATEMENTS
a. Kelly Francisco, President Bakersfield Symphony, spoke
regarding contract with Ogden Entertainment.
b. Henry Agonia, General Manager North Bakersfield
Recreation Parks District, spoke regarding park land
credit ordinance.
Bakersfield, California, January 28, 1998 - Page 3
PUBLIC STATEMENTS continued
(Public Statements continued on Page 6)
APPOINTMENTS
ACTION TAKEN
CONSENTCALENDAR
City Clerk McCadhy announced corrections to the Agenda, Item
f., incorrectly states "...and transfer $90,000 Fund Balance to
the City Attomey Operating Budget...". The Agenda should state
"...and transfer $90,000 from Council Contingency to the City
Attorney Operating Budget..."; and item 8.1. shall read "Award
Contract to Stewart & Stevenson Power Inc., ($42,976.39) for
major overhaul and repair at Wastewater Treatment Plant #3,
Methane Fueled Caterpiller.
Minutes:
a. January 14, 1998 Council Meeting.
Payments:
Payments from January 6 to January 16, 1998 in the
amount of $4,271,572.91; and Self Insurance payments
from January 6 to January 16, 1998 in the amount of
$88,615.50.
Resolutions:
Resolution of Intention No. 1168 declaring the City's
intention to order the vacation of the 20 foot wide alley
connecting 22nd and 23~ Streets between H and Eye
Streets in Block 164. Ward 2
Resolutions (2) approving application for funds for the
Waste Tire Enforcement Grant Program and Local
Government Waste Tire Cleanup Matching Grant
Program from the California Tire Recycling Management
Fund.
Agreements:
e. Improvement Agreements:
Improvement Agreements with Hopper Properties
L. P. for Parcel Map 10456, at the northwest
corner of Coffee Road and Rosedale Highway.
Ward 4
RES 7-98
RES 8-98
AGR 98-6
AGR 98-7
Bakersfield, California, January 28, 1998 - Page 4
CONSENT CALENDAR continued
Final map of Tract 5877, Phase A, north of Ming
Avenue and east of Grand Lakes Avenue. Ward 4
Amendment No. 2 to Agreement No. 96-309 with Daley
& Heft to provide outside legal services; and transfer
$90,000 Fund Balance to the City Attorney Operating
Budget within the Self-Insurance Fund.
Agreement with California Water Service Company for
Domestic Water Mainline Extension refund. Ward 2
Agreement with Dopaco to purchase manufacturing
equipment for plant expansion at 5801 District Boulevard.
Ward 6
Agreement between City of Bakersfield, County of Kern
and Golden Empire Gleaners, Inc., for rehabilitation of
Gleaners' facilities at 3100 Chester Avenue. Ward 2
Seismic Retrofit design and construction of the Beale
Avenue Separation and Overhead at the Union
Pacific/Southern Pacific Railroad: Ward 2
Agreement with State of California, Department
of Transportation.
Appropriate $187,600 Surface Transportation
Program State Grant Revenue to the Capital
Improvement Budget within the Intermodal
Surface Transportation Efficiency Act (ISTEA)
Fund.
Landlord's Consent to Encumbrance and Waiver
Agreement between the City of Bakersfield, AT&T
Commercial Finance Corporation and Amedcan General
Media Corporation.
Bids:
Award contract for repair and overhaul of Wastewater
Treatment Plant No. 3 co-generation engine. Ward 6
Award contract to Griffith Company, $159,950, for
median surface reconstruction of Panorama Drive from
Mount Vernon Avenue to Bluff Street. Ward 3
ACTION TAKEN
AGR 96-309(2)
AGR 98-8
AGR 98-9
AGR 96-9A
AGR 96-10
AGR 98-11
AGR 98-12
AGR 96-13
AGR 98-14
Bakersfield, California, January 28, 1998 - Page 5
CONSENT CALENDAR continued
n. Award contract to Pacific Resources, not to exceed
$448,065, for curbs, gutters and sidewalks.
Accept low bids from Motor City GMC/Buick for 1
Suburban (Fire, replacement); $32,904.30; and Central
Vattey Truck Center for 2 cab and chassis (Streets,
replacement and Fleet Services, additional),
$167,230.64.
Miscellaneous:
Clean-up Legislation - six Ordinances amending
Bakersfield Municipal Code: Chapter 5.22-entertainment
near schools; Chapter 5.23-escod bureaus; Chapter
5.26-hotels and lodging houses; Chapter 5.34-
messenger services; Chapter 5.44-public dances and
dance halls; Chapter 5.54-transient photographers.
Personnel Changes, New/Revised Job Specifications
and Salary Adjustments:
Amendment No. 5 to Resolution No. 12-96 and
Amendment No. 6 to Resolution No. 19-96
setting salaries and related benefits for
employees of the White Collar and General
Supervisory Units.
Job Specification Revisions: Hazardous Materials
Coordinator to Director of Environmental
Services, Hazardous Materials Specialist and
Office Systems Technician.
Reclassifications: Hazardous Materials
Coordinator to Director of Environmental
Services, Hazardous Materials Technician to
Hazardous Materials Specialist, and Data Entry
Clerk to Accounting Clerk II.
Organizational Issues:
Replacement of vacant Assistant Superintendent
in General Servics with a Clerk Typist I and a
Trades Assistant.
2. Reclassification: Utility Worker to Trades
Assistant.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
REFERRED TO
LEGISLATIVE AND
LITIGATION
COMMITTEE
RES 12-96(5) 19-96(6)
Bakersfield, California, January 28, 1998 - Page 6
CONSENT CALENDAR continued
Acceptance of 1996-97 Transportation Development Act
Funds Financial Statement
Allocation of the balance of Destec Trust Agreement
Funds. Ward 3
Transfer $20,000 Council Contingency to the Non-
Departmental Operating Budget within the General Fund
for County property tax administration fees.
ACTION TAKEN
Motion by Rowles to adopt Consent Calendar Items
a. through u. with corrections to Items f. and L; and
Item n. removed for separate consideration.
APPROVED
PUBLIC STATEMENTS continued
Michael Worthing, Attorney representing Pacific
Resources, spoke regarding Consent Calendar Item 8.n.
Jermias Lopez, spoke regarding Consent Calendar Item
CONSENT CALENDAR continued
Award contract to Pacific Resources, not to exceed
$448,065, for curbs, gutters and sidewalks.
Motion by Carson to award contract to Pacific
Resources.
McDermott referred the issue of procedures for the
Alternate Dispute Committee to the Budget and Finance
Committee and to include that a report stating the findings
by the Alternate Dispute Committee be forwarded to Council
when the committee does meet; and requested the Budget
and Finance Committee re-address the definition of non-
responsible bidders and bring a report back to Council in
the future.
CON 98-15
APPROVED
NS DEMOND
SAL VA GGIO
Bakersfield, California, January 28, 1998 - Page 7
HEARINGS
Motion by McDemott to move Hearings Item 9. d.
forward on the Agenda.
ACTION TAKEN
APPROVED
Appeal by Luis Onsurez Ruberie to the decision of the
Bakersfield Police Depadment revoking a Taxi Cab
Permit.
Hearing opened at 7:49 p.m.
No one spoke at hearing.
Hearing closed at 7:49 p.m.
Motion by DeMond to uphold appeal with conditions,
based on information considered in the Closed
Session.
APPROVED
NS SALVAGGIO
Appeal by Donna L. Brown and Harold E. Brown, dba
Brass Rail, of denial of application for a cabaret permit.
(Ward 2)
Hearing opened at 7:51 p.m.
Robed VanderNoor, representing Brass Rail owners
Donna and Harold Brown, spoke in opposition to staff
recommendation.
The following individuals spoke in suppod of staff
recommendation:
Steven Fahsbender; Debbie Williams; Durwood Sigrest;
Connie Wattenbarger and Rosalyn Strode.
Robed VanderNoor spoke in rebuttal in opposition to
staff recommendation.
Hearing closed at 8:10 p.m.
McDermott recognized Police Chief Brummer to answer
questions.
Motion by DeMond to uphold decision to deny APPROVED
issuance of a cabaret permit.
Bakersfield, California, January 28, 1998 - Page 8
HEARINGS continued
b. Resolution ordering the vacation of 22"d, 23rd and S
Streets abutting Blocks 144, 145, 174, 175, 184 and 185,
and all alleys within these blocks. (Ward 2)
Hearing opened at 8:21 p.m.
No one spoke at hearing.
Hearing closed at 8:22 p.m.
Motion by DeMond to adopt resolution.
ACTION TAKEN
RES 9-98
APPROVED
Continued protest hearing for proposed Assessment
District No. 97-1 (Spring Meadows II/Stockdale Highway
Commercial) and resolution amending the boundary map
as required by Municipal Improvement Act of 1913. (Ward
4)
Hearing opened at 8:23 p.m.
No one spoke at hearing.
Hearing closed at 8:23 p.m.
Motion by McDermott to adopt resolution and
continue protest hearing to March 11, 1998.
RES 10-98
APPROVED
10. REPORTS
None.
11.
DEFERRED BUSINESS
Ordinance amending Chapter 5.35 of the Bakersfield
Municipal Code relating to motion pictures. (First reading
10-22-97)
Ordinance amending Title 17 of the Bakersfield Municipal
Code and Zoning Map No. 123-25 by changing the
zoning on 63 acres from One Family Dwelling to Planned
Commercial Development for the Grand Canal Project
located between State Route 99, the Arvin-Edison Canal,
South H Street and the Berkshire Road alignment. (ZC
P97-0133). (First reading 1-14-98) (Ward 7)
ORD 3815
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, January 28, 1998 - Page 9
11.
DEFERRED BUSINESS continued
Ordinance denying the requested Regional Commercial
and approving an amendment to Title 17 of the
Bakersfield Municipal Code and Zoning Map No. 123-12
from Limited Multiple Family Dwelling to Automobile
Parking on 1.42 acres located along the west side of
Castro Lane between Valley Plaza Shopping Center and
Lum Avenue. (ZC P97-0656) (First reading 1-14-98)
(Ward 7)
ACTION TAKEN
ORD 3816
Zone Change P97-0395:
Ordinance amending Section 15.78.030B. of the
Bakersfield Municipal Code adding an exemption
from Habitat Conservation Plan fees for land
encumbered by electrical transmission line
easements if the easement area is incorporated
into the development. (First reading 1-14-98)
Ordinance amending Section 15.80.120A. of the
Bakersfield Municipal Code allowing credit
toward the park land requirement of 1.5 acres per
1,000 population for residential developments
incorporating park-like improvements within the
land encumbered by electrical transmission line
easements. (First reading 1-14-98)
Ordinance amending Title 17 of the Bakersfield Municipal
Code and the City Zoning maps located in the
unincorporated County area within the City's Sphere of
Influence boundary, (Prezoning P97-0743). (First
reading 1-14-98)
Ordinance amending Section 19.12.010 of the
Bakersfield Municipal Code regarding billing collection
and payment of charges for airpod tenants. (First reading
1-14-98)
Ordinance amending Section 6.04.110 E. and F. and
adding Section 6.04.110 G. to of the Bakersfield
Municipal Code regarding vicious or dangerous animals.
(First reading 1-14-98)
ORD 38t7
ORD 3818
ORD 3819
ORD 3820
ORD 3821
Motion by McDermott to adopt Items 11. a. through APPROVED
g., with Item b. removed for separate consideration.
Bakersfield, California, January 28, 1998 - Page 10
11.
12.
DEFERRED BUSINESS continued
Row/es announced abstention on Item 11.b. due to
employer participation in project.
Ordinance amending Title 17 of the Bakersfield Municipal
Code and Zoning Map No. 123-25 by changing the
zoning on 63 acres from One Family Dwelling to Planned
Commercial Development for the Grand Canal Project
located between State Route 99, the Arvin-Edison Canal,
South H Street and the Berkshire Road alignment. (ZC
P97-0133). (First reading 1-14-98) (Ward 7)
Motion by Salvaggio to adopt ordinance.
NEW BUSINESS
Revision Ordinance amending Chapter 12.56 of the
Bakersfield Municipal Code regarding to parks.
Agreement with Ogden Entertainment, Inc. to manage
Convention Center and Arena.
Communication has been received from Charles G.
Waide, Jr., SEIU Local 700 dated January 27, 1998 in
support of the agreement.
Motion by DeMond to approve agreemenL
ACTION TAKEN
ORD 3822
APPROVED
ABS ROWLES
FR
AGR 98-16
APPROVED
13.
COUNCIL STATEMENTS
Mayor Price congratulated staff, Council who visited other
arenas, and everyone involved who has taken considerable time
in reviewing the arena and contract.
DeMond thanked staff and Development Associate Barnes for
all the work she has been doing on the Streetscape Project.
DeMond requested Development Services provide minutes
of the Planning Commission meetings prior to the items
being brought to Council.
DeMond announced that State Farm Insurance was donating an
arson trained dog to the Fire Department. A local pet store will
be providing veterinary services and food.
Bakersfield, California, January 28, 1998 - Page 11
13.
COUNCIL STATEMENTS continued
Salvaggio has received calls regarding the posted speed
limit on Panama Lane between Freeway 99 Overpass and
Wible Road and requested Public Works Traffic Engineer
conduct a survey of the area; and suggested reducing the
speed limit to 45 mph.
McDermott referred the issue of signal timing on Old River
Road between White Lane and Stockdale Highway to staff.
McDermott requested staff review the feasibility of a traffic
signal light at Grand Lakes and Ming Avenue,
Sullivan recognized Recreation and Parks Director Ford and
announced that he was doing a great job; and suggested a
workshop regarding the littering problem.
ACTION TAKEN
14.
ADJOURNMENT
Motion by Rowles to adjourn at 8:50 p.m.
MAYOR BOB, PRICE of the City of Bakersfield, CA
ATTEST:
oC; tThYeCcLit RofK;n; E. er f. leOidffi he Council
APPROVED