Loading...
HomeMy WebLinkAbout03/11/1998 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 11, 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, Carson (seated at 5:24 p.m.) DeMond, Smith (seated at 5:24 p.m.), McDermott (seated at 5:24 p.m.), Sullivan, Salvaggio None ACTION TAKEN WORKSHOP a. City of Bakersfield's Cost Recovery System Assistant City Manager Dolores Teubner provided an oral presentation, Motion by Rowles to recess to Closed Session at 5:35 p.m. APPROVED CLOSED SESSION a, Conference with Legal Counsel - Potential Litigation Significant exposure to litigation pursuant to §54956.9(b) Two potential cases. INSTRUCTION TO STAFF, ONE ITEM; ONE ITEM CONTINUED TO END OF MEETING Conference with Legal Counsel - Existing Litigation Closed Session pursuant to §54956.9(a), Three cases. City of Bakersfield vs. Burlington Northern Santa Fe Corporation; City of Bakersfield vs. Union Pacific Railroad Company; City of Bakersfield vs. Southern Pacific Railroad Company Conference with Legal Counsel - Existing Litigation Closed Session pursuant to §54956.9(a) One case. Greater Bakersfield Separation of Grade District vs. World Oil Corp., etc., et al. Kern County Superior Court Case No. 230162 COUNCIL RECEIVED UPDATE DELETED 5O Bakersfield, California, March 11, 1998 - Page 2 REGULAR MEETING INVOCATION by Rick Roper, First Assembly of God Church PLEDGE OF ALLEGIANCE by Councilmember DeMond. ROLL CALL Present: Absent: Mayor Price, Councilmembers Rowles, Carson, DeMond, Smith, McDermott, Sullivan, Salvaggio None ACTION TAKEN CLOSED SESSION ACTION Mayor Price announced Closed Session Action as reflected on Page 1; also, at the end of the Council meeting Council will recess to Closed Session to discuss Item 3. a. (1 item). PRESENTATIONS Presentation by Mayor Price of a Letter of Commendation to Harold Lawley for providing aid to a neighbor in need. City Clerk McCarthy announced Presentation Item 5. a. has been removed from the agenda. DELETED PUBLIC STATEMENTS Motion by McDermott to allow each Public Statement regarding annexation the maximum three minutes. Lynn Edwards spoke regarding a stop sign at 8th and T Streets. Councilmember Carson referred to staff the east and west traffic issues on 8~ and T Streets and requested a study be prepared; and referred to the Police Department the feasibility of a crossing guard at the same location. Audray Chavez extended an invitation to attend the Bakersfield's AIDS Project Resource Center Open House. APPROVED c. Kenneth F. Hersh spoke regarding the Planning Commission. 13. Bakersfield, California, Mamh 11, 1998 - Page 3 PUBLIC STATEMENTS continued The following individuals spoke in support of the Palm- Olive Annexation: Jim Shapazian; Toni Shapazian; Dennis Franey; Henry Pacheco, submitted letter from Gary and Teri Schallok; Rick Davis; Phillip Bryson. The following individuals spoke in opposition of the Palm- Olive annexation:; Michael Amundsen; Becky Kaiser; Gary Hohnstein; Brian K. Morrow; Harold Sugden; Richard Pellerin; Sheila Plane; Waiter Downs; Barbara Fowler; Donna T. Weeks. Motion by McDermott to move Council Statements Item 13.a. forward on agenda. COUNCIL STATEMENTS Councilmember McDermott has requested to make a comment on the subject of the Palm-Olive Annexation. McDermott commented on the annexation process. He stated the annexation was approved by the Council at the last meeting, and becomes official at the time LAFCO records it. LAFCO recorded the annexation on Monday, March 9, therefore the area is now part of the City. McDermott recognized Assistant City Manager Dolores Teubner. Assistant City Manager Teubner clarified the steps and process taken for the Palm-Olive Annexation. McDermott referred the annexation process to the Urban Development Committee for an overall process review, including the noticing procedure. McDermott addressed some concems regarding sewer services, animals, fire and police services, garbage/green waste collection, other changes and fees as a result of annexation into the City. He also announced that staff has scheduled two meetings to provide information of services offered to City residents on April 11, 1998, at Independence School, 9:00 a.m. to 12 noon; and April 25, 1998, at Emerald Cove Park, 9:00 a.m. to 12 noon. He encouraged everyone to take part. Mayor Price announced a recess at 8:25 p.m., and reconvened the meeting at 8:35 p.m. ACTION TAKEN APPROVED 5] Bakersfield, California, March 11, 1998- Page 4 APPOINTMENTS a. Removal of W. R. Lamb from the Citizens Community Services Advisory Committee. (Ward 3) Mayor Price announced that this item is being continued to the next Council meeting. ACTION TAKEN NAT CONSENT CALENDAR Minutes: a. February 25, 1998 Council Meeting. Payments: Payments from February 14, to February 27, 1998 in the amount of $6,049,761.99; and Self Insurance payments from February 14, to February 27, 1998 in the amount of $82,328.23. Resolutions: Agreements: c. Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with Symli IV for Tract 5873 Phase 2, located south of Panama Lane, east of Monitor Street. (Ward 7) Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 5877 Phase B, located at the northeast corner of Ming Avenue and Grand Lakes Avenue. (Ward 4) Final Map and Improvement Agreement with Kyle Cader Homes, Inc., for Tract 5688 Phase J, located north of Harris Road and west of Stine Road. (Ward 6) Final Map and Improvement Agreement with Ennis Development Corporation for Tract 5433 Phase 2, located at the northwest corner of Akers Road and Berkshire Road. (Ward 6) AGR 98-39 AGR 98-40 AGR 98-41 AGR 98-42 Agreement with the County of Kern for Shared Cost of AGR 98-43 Operating Green and Wood Waste Diversion Program. Bakersfield, California, March 11, 1998 - Page 5 CONSENT CALENDAR continued Agreement with Halder Construction, $134,573.62, for modification of the Corporation Yard Wash Rack at 4101 Truxtun Avenue. (Ward 4) Agreement with Galey's Marine Supply, Inc. to loan funds to pay for development and permit fees associated with construction of a new facility at 2720 Auto Mall Drive. (Ward 7) Agreement with Harvel Plastics, Inc., to provide financial assistance for city permits and fees related to construction of a manufacturing facility. (Ward 6) Lease Agreement with Kern Charter Service and Flight School, for office, hangar and tiedown space at the Bakersfield Municipal Airport. (Ward 1) Subordination Agreement with Mercy Charities Housing California for refinancing of construction loan. Bids: Award annual contract to Pavement Recycling Systems, Inc., $45,200, for cold planning for the Street Division Award annual contracts to San Joaquin Supply Co., $28,247.01, and National Sanitary Supply Co., $22,250.99, for janitorial supplies. Award contract to Griffith Company, $242,385, for the Lake Street Reconstruction Project from Beale Avenue to Robinson Street. (Ward 2) Award contract to Kern Asphalt Paving & Sealing Co., $167,830.50, for construction of Bakersfield Convention Center Block 350 Parking Lot and appropriate $200,000 loan pre-payments to the Capital Improvement Budget within the Off Street Parking Fund. (Ward 2) Accept low bids from Floyd's Office Furniture, $76,823; Office Depot, $27,503.19; and Bernard's Office Furniture, $15,533.02; for partial furnishing of 14 suites, dressing room, multi-purpose room and lounges for Bakersfield Centennial Garden. ACTION TAKEN AGR 98-44 AGR 98-45 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION DEED 4849 CON 98-46 CON 98-47 CON 98-48 CON 98-49 ROWLES ABSTAINED DUE TO CONFLICT CON 98-50 ROWLES ABSTAINED DUE TO CONFLICT 53 Bakersfield, California, March 11, 1998 - Page 6 CONSENT CALENDAR continued Accept bid from Dialight Corporation, $503,431.50, for light emitting diode red lights for traffic signals. Accept bid from Basketball Products International, $24,717, for three portable basketball backstop and goal units for Bakersfield Centennial Garden. Miscellaneous: Appropriate $165,000 fund balance to the Capital Improvement Budget within the Northeast Sewer Assessment District Fund for contested construction costs and attorney fees. r. 1998 Legislative Platform. City Council Policy on Downtown Encroachment Permits. (Ward 2) Smith announced conflict of interest on Item g., due to owning property nearby. Rowles announced conflict of interest on Items m., n., and p., due to employer participation. Motion by Rowles to adopt Consent Calendar Items a. through s., with the exception of Items g. and h. ACTION TAKEN ROWLES ABSTAINED DUE TO CONFLICT SMITH ABSTAINED DUE TO CONFLICT REFERRED TO URBANDEVELOPMENT COMMITTEE APPROVED Agreement with Harvel Plastics, Inc., to provide financial assistance for city permits and fees related to construction of a manufacturing facility. (Ward 6) Motion by Sullivan to adopt Consent Calendar Item g. AGR 98-52 APPROVED Lease Agreement with Kern Charter Service and Flight School, for office, hangar and tiedown space at the Bakersfield Municipal Airport. (Ward 1) AGR 98-51 Motion by Carson to adopt Consent Calendar Item h. APPROVED HEARINGS a. Bakersfield, California, March 11, 1998 - Page 7 Continuation of Protest Hearing for proposed Assessment District No. 97-1 (Spring Meadows II/Stockdale Highway Commercial) as required by Municipal Improvement Act of 1913 and Resolution amending Resolution of Intention No. 1159, approving Final Engineer's Report, levying assessments, ordering improvements, and authorizing and directing related actions. (Ward 4) Hearing opened at 8:42 p.m. No one spoke at hearing. Hearing closed at 8:42 p.m. Motion by McDermott to adopt resolution. ACTION TAKEN RES 27.98 APPROVED $$ 10. REPORTS None. 11. DEFERRED BUSINESS Ordinance adding Section 16.28.170P., amending Section 17.04.410 and repealing Section 17.08.180C. of the Bakersfield Municipal Code relating to reversed corner, key lots and fences. (First reading 2/25/98) Motion by McDermott to adopt ordinance. ORD 3824 APPROVED Amendment to Title 17 of the Bakersfield Municipal Code and Zoning Map 102-31 by changing the zone of 20.33 acres generally located northeast of Calloway Drive and the Cross Valley Canal from a Planned Unit Development zone to a Planned Unit Development zone for the Glenwood Gardens development, consisting of 423 bed, multi-level medical and recovery care center (ZC P97-0835). (First reading 2/25/98) (Ward 4) Motion by McDermott to delay action for two months. APPROVED Ordinance amending Chapter 3.70 of the Bakersfield Municipal Code regarding the City's Cost Recovery System. (First reading 2/11/98) ORD 3825 Motion by Rowles to adopt ordinance. APPROVED 56 Bakersfield, California, March 11, 1998- Page 8 12. NEW BUSINESS Clean-up legislation, six ordinances amending the Bakersfield Municipal Code: Chapter 5.22, Entertainment Near Schools; Chapter 5.23, Escort Bureaus; Chapter 5.26, Hotels and Lodginghouses; Chapter 5.34, Messenger Services; Chapter 5.44, Public Dances and Dancehalls; Chapter 5.54, Transient Photographers. ACTION TAKEN FR 13. COUNCIL STATEMENTS continued McDermott announced Centennial event, Maggie, performances will be on Thursday thru Sunday and encouraged everyone to attend. Salvaggio stated he contacted City Engineer Steve Walker regarding installation of a stop sign in the residential area of Benton and Belvedere Streets; and suggested a curve warning sign also be considered. Salvaggio thanked staff for their hard work in the issue of annexations and expressed his support; and thanked all City staff in general. Carson thanked the Recreation and Parks Division and the Martin Luther King staff for their assistance in the AIDS Conference. Carson referred to Code Enforcement the issue of lots on both sides of 117 Hayes. Carson requested a status report regarding the vacant motels on Union Avenue. DeMond referred to staff the issues of sidewalk encroachment, drinking, trees and traffic in the Downtown area. DeMond congratulated Recreation and Parks for their awards. DeMond referred to staff the traffic issues on 23~ and F Street. Sullivan congratulated Recreation and Parks on their 1St Place award and their efforts, Smith referred to Engineering Services Manager Jack LaRochelie the issue of the alignment of Comanche Drive and Alfred Harrell Highway. 13. Bakersfield, California, March 11, 1998 - Page 9 COUNCIL STATEMENTS continued Sullivan complimented Councilmember McDermott and Assistant City Manager Dolores Teubner for the way they handled the annexation issue. Mayor Pdce announced on Monday at 1:30 the last seat riser will be placed at Centennial Garden and invited Council to attend. Rowles stated he had information from the Board of Trade regarding the California Tourism Center and he would discuss this with City Manager Alan Tandy. Rowles stated everyone did a good job regarding the annexation issue and feels a better job needs to be done to improve the process. Motion by Rowles to recess to Closed Session at 9:05 p.m. ACTION TAKEN APPROVED CLOSED SESSION continued Conference with Legal Counsel - Potential Litigation Significant exposure to litigation pursuant to §54956.9(b) Two potential cases. INSTRUCTION TO LEGAL COUNSEL City Clerk McCarthy announced that the Mayor reconvened the meeting at 9:57 p.m. and that the Mayor announced Closed Session adjourned at 9:55 p.m. and instruction was given to Legal Counsel. Motion by Rowles to adjourn from Closed Session at 9:55 p.m. 14. ADJOURNMENT Motion by Rowles to adjourn at 9:58 p.m. MAY~ BOB I~ICE of the City of Bakersfield, CA CITY CLERK and Ex Officio Clerk o~' tl'Je Council of the City of Bakersfield, CA L/ APPROVED APPROVED 58