Loading...
HomeMy WebLinkAbout03/25/1998 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 25, 1998 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 59 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Rowles (seated at 5:35 p.m.), Carson, DeMond, Smith, McDermott (seated at 5:30 p.m.), Sullivan (seated at 5:25 p.m.), Salvaggio (seated at 5:40) None ACTION TAKEN 2. WORKSHOP a. Status of Burn Dump Remediation Project. Public Works Director Rojas introduced Solid Waste Director Kevin Barnes and Wastewater Manager Fred Kloepper. Solid Waste Director Kevin Barnes provided an update and computer overhead presentation. b. Status of Wastewater Treatment Plant Expansion Projects, Plants 2 and 3. Wastewater Manager Fred Kloepper provided an update and computer overhead presentation. Motion by Rowles to recess to Closed Session at 5:42 p.m. APPROVED CLOSED SESSION Conference with Legal Counsel §54956.9(a) Existing Litigation Manning vs. City of Bakersfield, et. al. Kern County Superior Court Case No. 232864 RA One case. Conference with Legal Counsel §54956.9(b) Potential Litigation. Significant exposure to litigation. One potential case. DIRECTION GIVEN TO COUNSEL DIRECTION GIVEN TO COUNSEL 60 Bakersfield, California, March 25, 1998 - Page 2 CLOSED SESSION Closed Session pursuant to Government Code §54957(a). Public Employee Performance Evaluation - City Manager Motion by Rowles to adjourn from Closed Session at 6:58 p.m. ACTION TAKEN COUNCIL AUTHORIZED A 5% INCREASE APPROVED REGULAR MEETING INVOCATION by Dave Woodruff, First Assembly of God Church PLEDGE OF ALLEGIANCE by David Hansen, Troop 44 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 Pages 1 and 2. PRESENTATIONS ao Presentation by Mayor Price of proclamation to George Gonzales, Community Development Coordinator and Bret Helgren, Development Associate, proclaiming April, 1998 as "Fair Housing Month". Community Development Coordinator George Gonzales thanked the Council for their support and extended an invitation to the Fair Housing Awards Banquet, on Thursday, April 16, 1998, 6:30-8:30 p.m. at the Sheraton Four Points Restaurant/Hotel. City Manager Tandy announced Ogden Entertainment has selected the two key staff members to operate the Centennial Garden and the Convention Center and introduced Jim Foss, Executive Director and Scott Norton, Director of Marketing and Advertising. Bakersfield, California, March 25, 1998 - Page 3 6] PUBLIC STATEMENTS Wilson Troup, Clarin Company, spoke regarding portable chairs at Bakersfield Centennial Garden. Dick Burroughas, KI, spoke regarding Consent Calendar Items s. and t. and thanked the Council in advance for approving their bids. Philip Bradford spoke regarding the Taxi Industry in Bakersfield. Sullivan referred the issue of the Taxi industry to the Budget and Finance Committee for review and asked that staff meet with the representatives of the Taxi Industry to address their concerns. (Public Statements continued on Page 11) ACTION TAKEN APPOINTMENTS Three appointments to the Historic Preservation Commission due to the expiration of terms of Clarence Cullimore, Susan McKee and Scott M. Hudlow, terms expiring March 30, 1998. Mayor Price announced he was not prepared to make his appointment. Motion by Sullivan to appoint Steven Bass, 4-year term. Motion by Salvaggio to reappoint Scott M. Hudlow, 4-year term. Sullivan thanked Susan McKee for her service on the Historic Preservation Commission. APPROVED APPROVED CONSENT CALENDAR Minutes: a. March 11, 1998 Council Meeting. Payments: Payments from February 28, to March 13, 1998 in the amount of $6,608,663.40; and Self Insurance payments from February 28, to March 13, 1998 in the amount of $118,623.03. 62 Bakersfield, California, March 25, 1998 - Page 4 CONSENT CALENDAR continued Resolutions: Assessment District No. 96-2, Allen Road Trunk Sewer. (Ward 4) 1. Resolution accepting petition and making preliminary findings. 2. Resolution making designations and appointments. 3. Resolution adopting district boundary map. 4. Resolution of Intention No. 1157. Resolution giving preliminary approval to the Report of the Assessment Engineer and appointing a time and place for public hearing. Resolution approving Annexation No. 397, Proceeding No. 1239, located north of Brimhall Road, east of Calloway Drive. (Ward 4) Resolution authorizing the City Manager, or his designee, to conduct negotiations necessary to obtain the required easements for the construction of the Buena Vista II and Allen Road Sewer Trunk Lines. (Ward 4) Resolution supporting AB 1905, Highways: Separation of Grade Districts. go Resolution supporting AB 726 - Local Regulation of Adult Entertainment. Resolution authorizing and approving the issuance of $1,570,000 Historical Rehabilitation Refunding Revenue Bonds, Belle Tower Project, approving related documents in connection therewith and authorizing and approving related actions and matters: 1. Loan Agreement with Bell Tower Associates 2. Deed of Trust, Security Agreement and Assignment of Rents with Bell Tower Associates. 3. Indenture Agreement with Union Bank of California ACTION TAKEN RES 28-98 RES 29-98 RES 30-98 RES 31-98 RES 32-98 RES 33-98 RES 34-98 RES 35-98 RES 36-98 AGR 98-53 AGR 98-54 Bakersfield, California, March 25, 1998 - Page 5 63 CONSENT CALENDAR continued Agreements: i. Tract Maps/Improvement Agreements: (Ward 4) Final Map and Improvement Agreements with the Dewalt Group, Inc., for Tract 5716 Phase 6, located at the northeast corner of Main Plaza Drive and Granite Falls Drive. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 5876 Phase C, located north of Ming Avenue and west of Old River Road. Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 5429 Phase A, located west of Old River Road and north of White Lane. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5429 Phase B, located west of Old River and north of White Lane. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 5848 Phase A, located east of Old River Road and south of Campus Park Drive. Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 5848 Phase B, located east of Old River Road and south of Campus Park Drive. Final Map and Improvement Agreements with Castle and Cooke California, Inc., for Tract 5848 Phase C, located east of Old River Road and south of Campus Park Drive. Final Map and Improvement Agreement with Castle and Cooke California, Inc., for Tract 5848 Phase D, located east of Old River Road and south of Campus Park Drive. Final Map and Improvement Agreements with Coleman Homes, Inc., for Tract 5479 Unit 1, located south of Olive Drive and west of Coffee Road. ACTION TAKEN ROWLES ABSTAINED DUE TO CONFLICT AGR 98-55 AGR 98-56 AGR 98-57 AGR 98-58 AGR 98-59 AGR 98-60 AGR 98-61 AGR 98-62 AGR 98-63 AGR 98-64 AGR 98-65 AGR 98-66 AGR 98-67 AGR 98-68 64 Bakersfield, California, March 25, 1998 - Page 6 CONSENT CALENDAR continued Agreement with Hertz Equipment Rental Corp., for rental of skip loaders to process greenwaste material at the Mt. Vernon Recycling Facility, not to exceed $60,000. Agreement to indemnify LAFCO for Annexation No. 397, Proceeding 1239, located north of Brimhall Road, east of Calloway Drive. (Ward 4) Construction Management Consultant Agreements for providing construction management and inspection services: (Ward 4) Carollo Engineers, $280,000, Buena Vista Road Sewer Trunk Line, Phase II. 2. Kennedy/Jenks Consultants, $212,500, Allen Road Sewer Trunk Line. Amendment No. 2 to Agreement No. 95-245 with San Joaquin Valley Unified Air Pollution Control District for an extension of contract to purchase five LNG vehicles with Grant Funds. Amendment No. 3 to Agreement No. 95-135, with Brown, Armstrong, Randall & Reyes, Accountancy Corporation, for audit services. Amendment No. 1 to Consultant's Agreement No. CA96-7 for expert motorcycle accident reconstruction and traffic analysis with Boster, Kobayashi, Berner, Campbell & Hesler to increase contract amount from $20,000, not to exceed $50,000, in the matter of Manning vs. City of Bakersfield, et al. Bids: Award annual contract to Advanced Concrete Sawing, $61,960, for removal of striping and pavement marking at various locations throughout the City. Accept bid from Robbins, Inc., $79,472.25, for a portable basketball floor for Centennial Garden. Accept bid from Quinn Cat Lift Trucks, $29,701.82, for fork lift truck for Centennial Garden. Accept bid from Krueger International, $159,854.47 for 2600 folding chairs and 52 stacking carts for Bakersfield Centennial Garden. ACTION TAKEN AGR 98-69 AGR 98-70 AGR 98.71 A GR 98-72 AGR 95-245(2) REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION CON 98-73 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, March 25, 1998 - Page 7 CONSENT CALENDAR continued Accept low bids from Floyd's Office Furniture, $57,002.24; Office Depot, $44,713.60; and KI-LA, $1,371.43, for furnishing nine suites and lounge stools for Bakersfield Centennial Garden. Bakersfield Convention Center Blocks 370 and 371 Parking Lot: (Ward 2) Accept base and alternate bid to award contract to Kern Asphalt Paving & Sealing Co., $550,419.98, for construction of Bakersfield Convention Center Blocks 370 and 371 Parking Lot. Transfer $300,000 appropriations from Arena Construction Management, appropriate $100,000 Parking Fund Balance and $80,000 Wastewater Fund Balance to the Off Street Parking Fund. v. Reject bid for 100 Foot Tractor Drawn Aerial Fire Truck. Miscellaneous: Installation of Speed Undulations on El Toro Drive between Ming Avenue and Belle Terrace. (Ward 1) Quitclaim Deed to Wayne Reeder and Associates. (Ward 7) Rowles announced abstention of Consent Calendar Item i. due to client of employer and Item t., due to employer participation in process. Motion by Rowles to adopt Consent Calendar Items a. through x. with modification to Item j. and with the exception of Items n., o., s., t. and w. Amendment No. 3 to Agreement No. 95-135, with Brown, Armstrong, Randall & Reyes, Accountancy Corporation, for audit services. Motion by McDermott to refer Consent Calendar Item n. to Budget and Finance Committee. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION CON 98.7'6 REMOVED FOR SEPARATE CONSIDERATION DEED 4859 APPROVED REFERRED TO BUDGET AND FINANCE COMMITTEE APPROVED 66 Bakersfield, California, March 25, 1998 - Page 8 CONSENT CALENDAR continued Amendment No. 1 to Consultant's Agreement No. CA96-7 for expert motorcycle accident reconstruction and traffic analysis with Boster, Kobayashi, Berner, Campbell & Hesler to increase contract amount from $20,000, not to exceed $50,000, in the matter of Manning vs. City of Bakersfield, et al. Motion by Rowles to approve Consent Calendar Item O. Accept bid from Krueger International, $159,854.47 for 2600 folding chairs and 52 stacking carts for Bakersfield Centennial Garden. Motion by McDermott to approve Consent Calendar Item s. Accept low bids from Floyd's Office Furniture, $57,002.24; Office Depot, $44,713.60; and KI-LA, $1,371.43, for furnishing nine suites and lounge stools for Bakersfield Centennial Garden. Motion by McDermott to approve Consent Calendar Item t. Installation of Speed Undulations on El Toro Drive between Ming Avenue and Belle Terrace. (Ward 1) Motion by Carson to approve Consent Calendar Item w., with direction to staff to draft a letter to each person signing the petition stating what the cost will be. HEARINGS Resolution ordering the vacation of the public alley southwesterly of Sylvia Drive and South Chester Avenue, Parcel Map No. 5055. (Ward 1) Hearing opened at 7:37 p.m. No one spoke at hearing. Hearing closed at 7:37 p.m. Motion by Carson to deny resolution. Amended motion by Carson to postpone action for two weeks. ACTION TAKEN AGR CA96-7(1) APPROVED NS DEMOND MCDERMOTT APPROVED APPROVED AB ROWLES APPROVED NAT APPROVED Bakersfield, California, March 25, 1998 - Page 9 HEARINGS continued Appeal by Martin-Mcintosh of the Planning Commission decision denying a one year extension of vesting rights on Tract 5386, Phase D, located on the east side of Gandola Court, south of Brimhall Road. (Ward 4) Development Services Director Jack Hardisty provided an update. Hearing opened at 7:59 p.m. The following individuals spoke in opposition to staff recommendation: Roger Mcintosh, representing Normal Development, Jack Turman and Bob Mahan Construction, and submitted written material; Bob Mahan; and Tony Hoag, Coleman Homes. Hearing closed at 8:10 p.m. McDermott referred the issue of whether one or two years for vesting rights is appropriate to the Urban Development Committee and requested staff provide information regarding that issue. Motion by McDermott to uphold the decision of the Planning Commission and refer the general issue to Urban Development Committee. Motion by DeMond to approve appeal and refer to Urban Development Committee. ACTION TAKEN FAILED NS ROWLES CARSON DEMOND SMITH SULLIVAN SAL VA GGIO APPROVED NS MCDERMOTT Appeal by Bruce Beretta representing Caprock Five, LLC, regarding the approval by the Board of Zoning Adjustment of a parking modification to reduce the required parking for a 15,000 sq.ft. expansion of an existing office building from a grand total of 1008 to 705 spaces in a Professional and Administrative Office zone district at 10000 Ming Avenue, File #P98-0003. (Ward 4) Assistant City Clerk Whittemore announced correspondence has been received from Bruce Beretta representing Caprock Five, LLC, dated March 24, 1998, withdrawing their appeal to the decision of the Board of Zoning Adjustment. NAT APPEAL WITHDRAWN Bakersfield, California, March 25, 1998 - Page 10 12. HEARINGS continued d. AMTRAK Railway Passenger Terminal: (Ward 2) Resolution making findings and approving Negative Declaration for relocation and expansion of the AMTRAK rail passenger terminal in the downtown area of Bakersfield, and associated relocation and construction of track and widening of existing overcrossings at H Street and Chester Avenue, and making finding of consistency as pursuant to Section 65402 of the Government Code. Appropriate $2.5 million State Transit Capital Investment monies to the Capital Improvement Budget within the AMTRAK Railway fund. Hearing opened at 8:40 p.m. Herman Ruddell, representing Downtown Business Association, spoke in support of staff recommendation. Hearing closed at 8:42 p.m. Motion by DeMond to adopt resolution and appropriate funds for the project. Motion by Salvaggio to move New Business Item e. forward on the agenda. Mayor Price announced a recess at 8:45 p.m. and reconvened the meeting at 8:50 p.m. NEW BUSINESS Ordinance amending Chapters 5.06, 9.12 and 17.69, of the Bakersfield Municipal Code relating to Adult Entertainment Businesses. City Attorney Judy Skousen requested this item be continued for 2 weeks to allow for additional research. (Public Statements continued) The following individuals spoke in support of the ordinance relating to Adult Entertainment Businesses: Virgil Pattarino; Rosalyn Strode; Chad Vegas; Connie Wattenbarger; Theron Friberg; and Debbie Williams. ACTION TAKEN RES 38-98 APPROVED APPROVED Motion by Rowles to continue in two weeks. APPROVED Bakersfield, California, March 25, 1998- Page 11 69 10. REPORTS ACTION TAKEN None. 11. DEFERRED BUSINESS Ordinance amending Section 17.08.170 of the Bakersfield Municipal Code relating to yard encroachments for carports, canopies and patios. (First reading 2/25/98) ORD 3826 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. (First reading 3/11/98) ORD 3827 ORD 3828 ORD 3829 ORD 3830 ORD 3831 ORD 3832 Motion by Rowles to adopt Items a. and b. APPROVED 12. NEW BUSINESS Ordinance adding the Pierce Road No. 2 Annexation area to Ward 5 and modifying the legal description for Ward 2, located south of Freeway 99 and Golden State Highway Interchange. (Wards 2, 5) FR Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-31 by changing the zoning on 2.38 acres located at the northeast corner of Fourth and N Streets from Limited Multiple Family Dwelling zone to a Limited Multiple Family Dwelling - Church zone, ZC #P97-0821. (Ward 1) FR Clean-up Legislation, five ordinances amending the Bakersfield Municipal Code: Section 17.04.320, Guesthouses; Section 17.04.420, Front lot lines; Subsection D of Section 17.10.020, One-Family dwelling zones; Subsection F.1. of Section 17.22.020, Uses permitted in the C-1 zone; Subsection A.1. of Section 17.58.040, Rules for calculation of required off-street parking. FR AND REFERRED TO URBAN DEVELOPMENT COMMITTEE Bakersfield, California, March 25, 1998 - Page 12 12. NEW BUSINESS continued ACTION TAKEN Amendment No. 2, FY 1997/98 to the Consolidated Plan (CDBG) to include ADA improvement to the Council Chambers and Casa Loma Fire Hydrant/VVater System Improvement. (Wards 1,2) Motion by Rowles to approve and submit to the U.S. Department of Housing and Urban Development (HUG). APPROVED 13. COUNCIL STATEMENTS McDermott expressed concerns regarding staff communication and policy issues. McDermott announced Centennial Update: Ground has officially been broken on the Centennial Plaza; the ground has been prepared for the world class fountain; events include Linked to Life Group and awards to women in our community for achievements during centennial year, on April 5, 1998. Smith asked questions regarding the traffic problem at Eissler and Auburn and the possibility of having a police officer visible at that location during the time the children are coming and going from school to help resolve the problem. Smith referred to Public Works Director Rojas the issue at Highway 178 and Comanche Drive and requested the possibility of arranging a meeting between the City, County Supervisor and State Assemblyman Ashburn to discuss concerns in that area. Smith referred to Development Services the issue of the Conditional Use Permit request for motorcross application near Mesa Marin and inquired if the surrounding residents have been notified beyond 300 feet. Sullivan requested the City Clerk include the meeting date the Council will be making appointments to committees in the news release that is provided to applicants. Salvaggio congratulated Fire Chief Mike Kelly on his eminent retirement. Salvaggio requested a status report from Public Works regarding the resurfacing project on White Lane, between South H and Wible Road. Bakersfield, California, March 25, 1998 - Page 13 13. COUNCIL STATEMENTS continued Salvaggio stated he appreciated staffs efforts regarding the study on the sound wall, south of White Lane and Highway 99. Rowles thanked City Manager Alan Tandy, Assistant City Manager John Stinson and the Parks Department, for working with the Board of Trade on the California Tourism Center at Beach Park. ACTION TAKEN 14. ADJOURNMENT Motion by Rowles to adjourn at 9:30 p.m. APPROVED ~IAYOR BOB PRICE of the City of Bakersfield, CA ATTEST: CITY CLERK _and Ex_Offi~o_Clerk of the Council of the City of Bakersfield, CA