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