HomeMy WebLinkAbout01/08/1997 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 8, 1997
CLOSED SESSION - 5:15 P.M.
1. ROLL CALL
- Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
Rowles, Carson (seated at 5:25),
DeMond, Smith, McDermott,
Sullivan, Salvaggio (seated at
5:20)
None
Motion by Rowles to recess to Closed
Session at 5:18 p.m.
APPROVED
AB CARSON
SALVAGGIO
Conference with Legal Counsel - Potential
Litigation. Initiations of litigations
pursuant to Government Code Section
54956.9(c). One potential case.
CITY ATTORNEY
RECEIVED
INSTRUCTION
Conference with Real Property Negotiator
pursuant to Government Code Section 54956.8
concerning property located at the
southwest corner of Oak Street and Truxtun
Avenue, APN 332-500-11 and APN 332-500-18
(commonly known as ~ruxtun Avenue and Oak
Street Intersection Widening). Negotiating
parties: Don Anderson; Real Property
Manager for the City of Bakersfield and
1701 Oak Partners - Guardsman Storage
Assooiates. Under negotiation: All terms.
PROPERTY
NEGOTIATOR
RECEIVED
INSTRUCTION
Conference with Legal Counsel - Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9 in the case
of Diana Rich vs. Alfonso Villalpando, City
and Sally Johnson, Kern Superior Court Case
No. 229559-RA.
CITY ATTORNEY
RECEIVED
INSTRUCTION
Conference with Real Property Negotiator
pursuant to Government Co~e Section 54956.8
concerning property I~cate~ at the
southeast corner of 19th an4 K Streets, APN
006-022-01, APN 006-022-02 and APN 006-022-
03. Negotiating parties: Don Anderson,
Senior Real Property Agent for the City of
Bakersfield, an4 Lee Development Group.
Under negotiation: All terms.
PROPERTY
NEGOTIATOR
RECEIVED
INSTRUCTION
O02
Bakersfield, Ca~%$Drnia,
CLOSED SESSION continued
Motion by Carson to adjourn from Closed Session
at 5:25 p.m.
January 8, 1997 - Page 2
ACTION TAKEN
APPROVED
REGULAR MEEIING - 7:00 P.M. -' Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Rick Roper, Director, First Assembly of God Church
2. PLEDGE OF ALLEGIANCE by Amanda Helvie, Garces High School
3. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
Rowles, Carson, DeMond, Smith,
McDermott, Sullivan, Salvaggio
None
4e
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action
as reflected on Page 1.
PRESENTATIONS
a. Mayor Price introduced 6 members of
the Mayor's Youth Advisory Council:
Lauren Klink, Bakersfield H.S.;
Anastasia Krier, Intern Chairperson;
Julia Bedke, Centennial H.S.; Kayla
Jones, South H.S.; Amanda Helvie,
Garces H.S.; and Jarrett Fisher,
Ridgeview H.S.
PUBLIC STATEMENTS
Darryl Harvey spoke regarding his
liability claim.
John Campbell spoke regarding chemical
and biological weapons warfare; and
submitted written material, Title 50,
United State Code Section 1520.
John Vasinda, owner of 3 assisted-
living facilities in Bakersfield,
spoke in opposition to financing out-
of-state, out-of-county corporations;
and submitted written material. (Item
8.n.)
Bakersfield, California, January 8~ 1997 - Page 3
PU,B:UC STATEMENTS continued
ACTION TAKEN
Salvaggio referred the material entitled
Chemical and Biological Warfare to
Legislative and Litigation Committee for
review, report back to Council on what the
law means and how it effects the community,
whether we should be in opposition and
whether we should send .a letter to the
Legislature; and notify Mr..-Campbell of the
committee meeting date.
008
7. APPOINTMENTS
CONSENT CALENDAR
Payments from December '7 to December
13, 1996 in the amount of
$2,505,402.91 and Self Insurance
payments from December 7 to December
13, 1996 in the'amount of $129,485.55.
Minutes of the December 18, 1996
Council Meeting.
de
Resolution approving the Memorandum of
Understanding setting salaries and
related benefits for the Fire
Supervisory Unit of the Fire
Department of the City of Bakersfield.
Resolution approving the Memorandum of
Understanding setting salaries and
related benefits for the Firefighters
and Engineers Unit of the Fire
Department of the City of Bakersfield.
e. Personnel Changes:
Resolution amending Resolution
No. 19-96 setting salaries and
related benefits for employees of
the Management unit.
Revised job specifications for
Water & Sanitation Manager to
Water Resources Manager.
Title change from
Sanitation Manager
Resources Manager.
Water &
to Water
RES 1-97
RES 2-97
RES 3-97
Bakersfield, Ca!if~ornia, January 8, 1997
- Page 4
CONSENT CALENDAR continued
f. Personnel Changes:
Resolution amending Resolution
No. 12-96 setting salaries and
related benefits for employees of
the Blue Collar Unit.
Job specifications for Canal
Tender I, Sanitation Worker I,
Sewer Maintainer I, Street
Maintainer, Traffic Painter I and
Tree Maintainer I broadbanded
into one Service Maintenance
Worker Classification.
Reclassifications for Canal
Tender I, Sanitation Worker I,
Sewer Maintainer I, Street
Maintainer, Traffic Painter I and
Tree Maintainer I to Service
Maintenance Worker.
(Staff recommends
Personnel Committee)
referral to
Purchase Agreement and P~omissory Note
with Ada Twisselman, Trustee, for City
to purchase real property ($200,000)
located south of Brimhall Road and
west of Coffee Road; and.appropriate
$150,000 Note Proceeds and $16,000
Fund Balance to the Capital
Improvement Budget within the
Transportation Development Fund.
Agreement with Valley Baptist Church
to exchange properties lobated on the
east side of Fruitvale Avenue between
Hageman Road and Olive Drive. (Ward 4)
Agreement with Castle & Cooke
Commercial-CA,~ Inc., to apply for
credit against'Traffic Mitigation Fees
for Parcel 10 of Parcel Map 10291, an
undeveloped commercial parcel. (Ward
4)
Amendment to Contract with Public
Employees' Retirement System (PERS):
Resolution of Intention to
approve an Amendment to the
Contract with the Board of
Administration of the Public
Employees' Retirement System.
ACTION TAKEN
AGR 97-1
DEED 4660
AGR 97-2
DEED 4661
AGR 97-3
RES 4-97
Bakersfield, Ca%ifornia, .January
CONSENT CALENDAR continued
Ordinance authorizing an
Amendment to the Contract with
the Board Qf A~ministration of
the Public Employee's Retirement
System making Government Code
Section 21024 appt~ic~ble to the
City (Military Service Credit as
Public Service).
(Staff recommends adoption of
Resolution of Intention and First
Reading of Ordinance)
Amendment No. 1 to Contract No. 95-
244, Memorandum of Understanding, with
County of Kern concerning the
allocation of property tax upon
annexation.
Accept bid from J. C. Henberger Co.
($61,880.83) for Fire Department
Traffic Signal Pre-emption equipment.
me
Appropriate .$180,000 Fund Balance to
the Public Works. Operating Budget
within the Equipment Management Fund
for two computerized mobile Anti-
Graffiti System vehicles.
Request from National Healthplex, Inc.
for the City's assistance in acquiring
a senior housing project with
approximately $4 million in tax-exempt
financing. (Staff recommends referral
to Budget & Finance Committee)
Oe
Assignment of Ballroom Lease Agreement
between John Q. Hammons and Juanita
Hammons; and John Q. Hammons Hotels
Two, Limited Partnership.
Motion by Rowles to adopt Consent Calendar
Items (a) through (o); with a correction to
Item h. to read east inste*ad of west.
1997 - Page 5
ACTION TAKEN
FR
AGR 97-4
AGR 97-5
APPROVED
OO6
Bakersfield,
California,~ January 8, 1997 - Page 6
HEARINGS
Hearing to consider a Resolution
determining whether the public
interest and necessity require taking,
by eminent'd0m~in, Prgperty located at
the northeast .'corner of California
Avenue and Oak S[reet for street
widening purposes.
City Attorney 'S~0usen provided
background information.
Hearing opened at 7:17. p.m.
Chester Jost, property owner, spoke in
opposition.
Hearing closed at 7:20 p.m.
Motion by Rowies to adopt Resolution.
ACTION TAKEN
RES 5-97
APPROVED
Appeal by Thrifty' Payless, Inc. to the
Board of Zoning Adjustment decision to
approve a modification to reduce the
number of required parking spaces from
472 to 317 spaces ' at Sagepointe
Shopping Center, located at 6501 Ming
Avenue in a Neighborhood Commercial
Zone, File No. P96-0867. (Ward 5)
Correspondence was received from
Martin F. Saalberg, Real Estate
Manager, Thrifty Payless, Inc.,
withdrawing their appeal.
WITHDRAWN
Ce
Appeal by Car1 Moreland, Telstar
Engineering, to the Board of Zoning
Adjustment decision to deny a
modification to reduce the required
front yard setback from 25 feet to 20
feet on 7 ,residential lots to
construct. new single ~amily homes on
Artist Court in a One Family Dwelling
Zone, File No. P96-084Z. (Ward 4)-
Correspondence was received from Carl
Moreland submitting a letter from
Albert Pritikin approving the rear
yard setback from 50 feet to 45 feet
on Artist Court.
Development Services Director Hardisty
provided background information.
RES 6-97
Bakersfield, California, January 8, 1997 - Page 7
H=~ARINGScontinued
ACTION TAKEN
c. Hearing opened at 7:29 p.m.
Carl Moreland spoke in opposition to
staff recommendation.
Hearing closed at 7:30 p.m.
Motion by McDermott to approve the
amended Resolution adding additional
language: Be it resolved City Council
of the City of Bakersfield as follows
that the decision of the Board of
Zoning Adjustment is hereby upheld for
lots 5, 6 and 11 and that the decision
of -the Board of Zoning Adjustment is
here by overturned and a modification
is granted to reduce therear. yard
setback from 50 ife~t t0145-feet on
Lots 7, 8, 9 and 10 of Tract 5597; and
the adjacent property owner has
consented to this reduction.
APPROVED
Appeal by Patrick J. Steele to the
Board ~f Zon~n? A~justment decision
approving modlflcatl~ns to reduce the
front yard setback from 25 feet to 16
feet for a porch; allow the fence
height in the front yard to be 5 feet
where 4 feet is the maximum height
permitted; reduce the side yard
setback from. $ feet to 18 inches to
permit a change of use- of a
nonconforming structure into a guest
house; and reduce the required
separation between buildings from 10
feet to 6 feet, located at..231 B
Street in a One Family Dwe11ing Zone,
File No. P96-0784. (Ward 1)
C~rrespondence was received from
Patrick J. Steele requesting this
hearing be deferred to the meeting of
February 19, 1997.
Correspondence was received from
Georgia Prado, 244 B Street, in
opposition to staff recommendation and
in support of the appeal.
Motion by Carson to continue hearing
to the meeting of February 19, 1997.
CONTINUED
APPROVED
O0 8
Bakersfield,
California, January 8,
1997 - Page 8
10.
REPORTS
City Manager Oral Report No. 17-96
regarding Convention Center Expansion.
City Manager Tandy provided an update
and distributed written material
entitled Status of Centennial Plaza
and Convention center Expansion Update
#4.
ACTION TAKEN
11. DEFERRED BUSINESS
12. NEW BUSINESS
Ordinance amending Title 17 of the FR
Bakersfield Municipal Code and Zoning
Map No. 123-36 by changing the zoning
from One Family Dwelling to One Family
Dwelling-Church on 17.30 .acres
located on the west side of South H
Street, 600 feet north~of McKee Road.
(Ward 7)
Ordinance amending section 17.04.470 FR
adding Sections 17.04.472, 17.04.474,
17.04.476 and Chapter 17.68; and
repealing Sections 17.04.480,
17.08.060, 17.08.070, 17.08.080,
17.08.090, 17.42.080, 17.44.090,
17.57.080 and 17.69.050 of the
Bakersfield Municipal Code relating to
legal nonconforming structures, uses
and lots.
Development Services Director provided
background information on New Business
Item b.
13. COUNCIL STATEMENTS
City Manager Tandy announced the
appointment of Pamela A. McCarthy as
permanent city Clerk, effective January 6,
1997.
McDermott invited the public to {he 99th
Birthday Celebration for the City of
Bakers'field, Saturday, January 11,. 1997, 1
- 4 p.m., at the Crystal Palace.
13.
Bakersfield, California, January 8,
COUNCIL STATEMENTS continued
1997 - Page 9
ACTION TAKEN
DeMond requested staff contact CalTrans for
a response to a previous request on the
safety of crossing 24th Street; and request
to reduce the height of the foliage at the
divider on 24th and B or C Street.
OO9
DeMond commented on a previous referral
where correspondence was received from Mr.
Thiroux regarding 24th' Street; and
requested CalTrans again be contacted
regarding for the status of a survey of
24th Street.
DeMond requested correspondence from Donald
O. Steward II regarding a dangerous traffic
problem on 24th be responded to by Public
Works Department.
Carson referred the feasibility of a stop
light at 8th and T Street; and a 4-way stop
sign at Oleander and Chester Lane to
Traffic Division.
Carson mentioned the report received from
City Manager' Tandy regarding ~he cement
blocks and requested a report back.
Carson referred the sidewalk/driveway
alignment at 330 G Street to staff.
Salvaggio thanked Water Resources Manager
Bogart and staff for their response to the
sump problem on Larson Lane.
Salvaggio requested Solid Waste Director
have a mattress hauled off expeditiously
behind 3204 Leonard Street; contact Norma
Veach, 836-9722.
Salvaggio expressed his concerns regarding
traffic problems and hydroplaning vehicles
at 101 Panorama Drive and requested staff
look into the matter.
Bakersfield, California,
January 8,
1997- Page 10
14.
Motion by Rowles
to adjourn at
7:46 p.m.
ACTION TAKEN
APPROVED
MAYO OB PR~City of Bakersfield, CA
ATTEST:
CITY CLERK and EX-O~FICIO CLERK of the
Council of the City of Bakersfield, CA
JAN897.A
1/24/97 8:23am