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