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HomeMy WebLinkAbout12/04/1996 MINUTES CC273 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 4, 1996 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLLCALL ACTION TAKEN Present: Absent: Councilmembers DeMond, Carson, Smith, Rowles, Sullivan Mayor Price, Councilmembers McDermott, Salvaggio CITY COUNCIL INSTALLATION CEREMONY AND RECEPTION. Invocation by Monsignor Michael Braun, Our Lady of Perpetual Help Church. Presentation of Colors and Pledge of Allegiance by Bakersfield High School Air Force Junior R.O.T.C. Vice Mayor DeMond introduced family and friends of hers, Jacquie Sullivan's, Randy Rowle's. Certificate of Election and Administration of Oath of office to Pat DeMond, Randy Rowles and Jacquie Sullivan by Acting City Clerk McCarthy. Benediction by Monsignor Michael Braun, Our Lady of Perpetual Help Church. Motion by Sullivan to add a second Potential Litigation case to Closed Session that arose after the Agenda was posted and requires action this evening. APPROVED AB MCDERMOTT SALVAGGIO Motion by Carson to recess to the Reception and Closed Session at 5:35 p.m. CLOSED SESSION APPROVED AB MCDERMOTT SALVAGGIO Conference with Legal Counsel - Potential Litigation. Initiation of litigation pursuant to Government Code Section 54956.9(c}. Two potential case. CITY ATTORNEY RECEIVED INSTRUCTIONS Motion by Smith to adjourn Closed Session at 6:50 p.m. APPROVED AB MCDERMOTT SALVAGGIO Bakersfield, California, December 4, 1996 - Page 2 REGULAR MEETI;NG - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield DeMond requested a moment of silence in honor of Mayor Price's wife, Dorothy Price. 2 74 INVOCATION by Dale Hawley, Lay Leader, Director, First Assembly of God Church. PLEDGE OFALLEGIANCEby Randy Rowles. ROLLCALL ACTION TAKEN Present: Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Sullivan, Salvagg~o (sea.ted at 7:12) Absent: Mayor Price CLOSED SESSION ACTION Vice Mayor DeMond announced Closed Session action as reflected oK Page 1. PRESENTATIONS Presentation of proclamation by Vice Mayor Pat De~ond to Steve Schilling, Clinica Sierra Vista, proclaiming December 7, 1996, as Clinica Sierra Vista Day. Steve Schilling spoke and distributed written material entitled Clinica Sierra Vista - 25 Years of Caring For Our Community. PUBLIC STATEMENTS Howard Silver spoke regarding the Golden Empire Transit Board. Ayo Ogundare, Pacific Resources, spoke regarding the annual contract for curbs, gutters and sidewalks. (Item 8. o.) Marvin Armas, Secretary/Treasure, United Food and Commercial Workers Union Local 1036, spoke in opposition to approving financial assistance to both Consent Calendar Items 8. j. and k. Bakersfield, Cali~ornia, December 4~ PUBLIC STATEMENTS continued 1996 - Page 3 ACTION TAKEN Leonard Tekaat, spoke in opposition to the Transportation Impact Fee. (Item (Public Statements continued on Page 9) APPOINTMENTS One appointment to the Fire Department Civil Service Board due to the expiration of term of Max R. Morris, term expiring December 31, 1996. One appointment to the Police Department Civil Service Board due to the expiration of term of Kenneth E. Vetter, term expiring December 31, 1996. Two appo~intments to the Miscellaneous Departments Civil Service Board due to the expiration of terms of Barbara Donnelly and Kirby W. Embrey, terms expiring December 31, 1996. Motion by Salvaggio to reappoint Max R. Morris to the Fire Department Civil Service Board, Kenneth E. Vetter to the Police Department Civil Service Board, and Barbara Donnelly to the Miscellaneous Departments Civil Service Board, terms to expire December 31, 1999. APPROVED CONSENT CALENDAR Payments from November 9 to November 15, 1996 in the amount of $1,458,852.20; and Self Insurance payments from November 9 to November 15, 1996 in the amount of $8,798.82. Minutes of the November 20, 1996 Council Meeting. Resolution of Intention No. 1152 declaring the City's intention to add territory (Area 4-12, Camino La Paz) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3) 8e Bakersfield, California, December 4, 1996 - Page 4 CONSENT CALENDAR continued de fe he Resolution of Application proposing proceedings for reorganization of territory by annexing to the City and detachment from the Kern Sanitation Authority property identified as Annexation No. 393, Chester No. 3 Annexation, located along Chester Avenue between 34th Street and West Columbus Avenue. (Wards 2 & 5) Resolution dispensing with bidding procedure for sole source vendor, Color Connection, for anti-graffiti vans, not to exceed $195,000. Resolution declaring the results of the General Municipal Election for the election of Councilmembers to the City Council for Wards 2, 5 and 6 held in the City of Bakersfield on November 5, 1996. Final Map and Improvement Agreement with St. Clair Development Company for Tract 5698 located south of Harris Road and west of Stine Road. Amendment No. 1 to Agreement No. 93- 219 with the Society for the Prevention of Cruelty to Animals (SPCA) to provide for the expansion of animal control facilities. Agreement with Anjuman-E-Hakimi for City to sell 3 acres east of Akers Road, north of Alum Avenue extended, for $105,000. (Ward 6) Agreement with Southwest Contractors Inc. to purchase property at 1500 South Union Avenue. Agreement with Hammons Meat Sales, Inc. for financial assistance to purchase refrigeration equipment. Amendment No. 1 to Lease Agreement No. 90-81 with Bethany Service Center for renewal of lease of the Bakersfield Homeless Center, 1600 East Truxtun Avenue, for 10 years. (Ward 2) ACTION TAKEN RES 137-96 RES 138-96 RES 139-96 AGR 96-331 AGR 96-332 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION AGR 96-333 277 Bakersfield, California, December 4~ CONSENTCALENDARcontinued mo Accept bid to award Contract to JTS Construction ($29,672) for kitchen expansion at the Bakersfield Homeless Center, 1600 East Truxtun Avenue. (Ward 1) Contract with Colombo Construction and agreement with Frontier Pacific Insurance Company for completion of Police Department addition. Accept low bid to award Annual Contract to Pacific Resources (not to exceed $768,274 unit price comparison only) for curbs, gutters and sidewalks, contingent upon procurement by Pacific Resources of a $50,000 faithful performance bond and a $50,000 labor/materials bond. Accept bid from Three Way Chevrolet ($33,060.48) for a replacement 2- wheel-drive Suburban Command Unit for Fire Department. Accept bids from Econolite Control Products, Inc. ($101,967.94), Henberger Company ($75,562.99) and Jerry E. Fondaw and Associates ($22,400.24) for traffic control equipment. Total: $199,931.17. me Appropriate and transfer $950,000 Fund Balance and $750,000 PERS Rebate from General Fund; $500,000 Refuse Fund Reimbursement and $600,000 Litigation Settlement from the Self Insurance Fund to the Facilities Replacement Reserve. Se Appropriate $30,000 Fund Balance to the Capital Project Budget within the Off-Street Parking Fund for litigation settlement related to New World Recycling eminent domain proceeding. Motion by Rowlee to adopt Items (a) through (s) of the Consent Calendar; with the exception of Items i., j., k., n. and o. 1996 - Page 5 ACTION TAKEN CON 96-334 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION APPROVED Bakersfield, .California, December 4, 1996 - Page 6 CONSENTCALENDARcontinued ACTION TAKEN Agreement with Anjuman-E-Hakimi for AGR 96-335 City to sell 3 acres east of Akers DEED 4650 Road, north of Alum Avenue extended, for $105,000. (Ward 6) Motion by Sullivan to adopt Consent APPROVED Calendar Item i. 27'$ Agreement with Southwest Contractors Inc. to p~rchase property at 1500 South Union Avenue. Motion by Salvaggio to adopt Consent Calendar Item j. AGR 96-336 APPROVED Agreement with Hammons Meat Sales, Inc. for financial assistance to purchase refrigeration equipment. Motion by Carson to adopt Consent Calendar Item k. Contract with Colombo Construction and Agreement with Frontier ~acific Insurance Company for completion of Police Department addition. Motion by Salvaggio to adopt Consent Calendar Item n. AGR 96-337 APPROVED NS MCDERMOTT SALVAGGIO CON 96-338 AGR 96-339 APPROVED ABS ROWLES Accept low bid to award Annual Contract to Pacific Resources (not to exceed $768,274 unit price comparison only) for curbs, gutters and sidewalks, contingent upon procurement by Pacific Resources of a $50,000 faithful performance bond and a $50,000 labor/materials bond. Motion by Rowles to continue this item for 2 weeks and direct staff to provide, by memo, the chronology of events that took place regarding the bid procedure and bond issue; and bring back with a final recommendation at the December 18, 1996 meeting. APPROVED NS MCDERMOTT 279 Bakersfield, California, December 4~ 1996 - Page 7 CONSENT CALENDAR continued DeMond requested staff advise if this can this be contracted in smaller amounts to work within the bonding principle. ACTION TAKEN Motion by McDermott to reconsider Consent Calendar Item r. Appropriate and transfer $950,000 Fund Balance and $750,000 PERS Rebate from General Fund; $500,000 Refuse Fund Reimbursement and $600,000 Litigation Settlement from the Self Insurance Fund to the Facilities Replacement Reserve. Rowles announced abstention due to employer participation in project. Motion by McDermott to adopt Consent Calendar Item r. HEARINGS Hearing as required by Resolution of Intention No. 1144 0rder~ng the vacation of the plzblio street right- of-way for Kendall Way and Weyhridge Drive in Tract No. 5220. (Ward 4) Hearing opened at 8:00 p.m. No one spoke at hearing. Hearing closed at 8:01 p.m. Motion by McDermott to adopt Resolution. APPROVED APPROVED ABS ROWLES RES 140-96 APPROVED AB CARSON Hearing to consider a Resolution modifying the 1996-2015 Regional Transportation Improvement Plan and Fee Schedule. Correspondence was received in support of staff recommendation from James K. Rummell. Public Works Director Rojas introduced Civil Engineer Shaw who provided background information. RES 141-96 Bakersfield, California, December 4, HEARINGS continued b. ~ ~Hearing opened at 8:06 p.m. Barbara Martin, Building Industry Association of Kern County, spoke in support of staff recommendation. Hearing closed at 8:07 p.m. Motion by McDermott to adopt Resolution. 1996 - Page 8 ACTION TAKEN APPROVED Transportation Impact Fees: Ordinance amending Chapter 15.84 of the Bakersfield Municipal Code relating to a Transportation Impact Fee on new development. (First Reading 10/23/96) Hearing to consider a Resolution adopting the 1996-2015 Regional Transportation Capital Improvement Plan and Fee Schedule. Public Works Director Rojas introduced Civil Engineer Shaw who provided background information and announced a change to Exhibit A, as distributed. Hearing opened at 8:10 p.m. The following individuals spoke in support of staff recommendation: Barbara Martin, Building ~ndustry Association of Kern County; Roger Mcintosh, Martin-McIntosh. Engingering; Lee Jamieson; and Greg Bynum, Bynum & Associates. Hearing closed at 8:16 p.m. ORD 3 736 RES 142-96 Motion by McDermott to adopt Ordinance and Resolution, with change provided to Exhibit A. NAT Bakersfield, California, December 4, HEARINGS continued Friendly amendment by Salvaggio to include referring the issue of studying and implementing a policy of identifying and qualifying large retail projects to Urban Development Committee. 1996 - Page 9 ACTION TAKEN ACCEPTED BY MCDERMOTT Motion byMcDermott to adopt Ordinance and Resolution, with change provided to Exhibit A; and refer the issue of studying and implementing a policy of identifying and qualifying large retail projects to Urban Development Committee. APPROVED DeMond announced a 5-minutes recess at 8:36 p.m. and reconvened the meeting at 8:41 p.m. 10. REPORTS a. City Manager Oral Report No. 15-96 regarding Convention Center Expansion. Rowles announced abstention due employer participation in project. 6o PUBLICSTATEMENTS continued Oscar Anthony spoke of concerns regarding the Amendment to Agreement with John Q. Hammons Hotels. (Item 12. a.) (Public Statements continued on Page 11) 10. REPORTS continued City Manager Tandy provided an update and distributed written material entitled Status of Centennial ~laza and Convention Center Expansion #2. City Manager Report No. 14-96 regarding Status of Code Enforcement Section of the Development Services Department. Bakersfield, California, December 4, 1996 - Page 10 10. REPORTS continued be Development Services Director Hardisty provided an overview of Code Enforcement. ACTION TAKEN Ad Hoc Fire Services Committee Oral Report. Fire Chief Kelly status of projects Services Committee. provided a brief at the Ad Hoc Fire 11. DEFERRED BUSINESS a. Ordinance amending Title 17 of ~he ORD 3737 Bakersfield Municipal Code and Zoning Map Nos. 102-13, 102-24, 103-18 and 103-19 by prezoning to city L~mited Multiple Family Dwelling (one dwelling per 2,500 square feet of lot area); Limited Multi-Family Dwelling, (one dwelling per 1,250 square feet of lot area); General Commercial, Light Manufacturing and General Manufacturing on 173 acres, located along Chester Avenue between 34th Street and West ColumbUS and between Golden State Avenue and O Street. (Concurrent GPA and ZC P96-0627, Wards 2 & 5) (First Reading 11/20/96) be Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-17 from Limited Multiple Family Dwelling (1,250 square feet minimum lot area per dwelling unit) to Limited Multiple Family Residential (2,500 square feet minimum lot area per dwelling unit) on 16.2 acres, located on the east side of Old River Road, between Campus Park Drive on the north and Pacheco Road on the south. (GPA and ZC P96-0544, Ward 4) (First Reading 11/20/96) Development Services Director Hardisty provided background information. Motion by McDermott to adopt Deferred Business Items a. and b., including the amendment to the legal description. ORD 3738 APPROVED AB ROWLES Bakersfield, California, December 4, 1996 12. NEW BUSINESS Amendment No. I to Disposition and Development Agreement No. 94-59 with John Q. Hammons Hotels. Rowles announced abstention due to employer participation in project. - Page 11 ACTION TAKEN AGR 96-340 PUBLIC STATEMENTS continued Continued Public Statement by Oscar Anthony in opposition to the Amendment to Agreement with John Q. Hammons Hotels. Ann Everly; and Donald Vereen, Pastor, Lighthouse Christian Ministries, spoke in oppositi0h to the Amendment to Agreement with John Q. Hammons. 12. NEW BUSINESS continued City Manager Tandy provided background information; and welcomed the public speakers, et al. to meet with staff. Vice-Mayor DeMond recognized Oscar Anthony to speak. Salvaggio requested City Manager Tandy to redistribute copies of his memo regarding the Amendment to Development Agreement with John Q. Hammons, dated December 3, 1996, to Council. Salvaggio requested staff meet with the citizen's group, prior to the December 18, 1996 Council meeting, regarding CDBG Funds and the Centennial Plaza. be Motion by McDermott Amendment to Agreement. to approve Election of Vice-Mayor. Motion by McDermott to appoint Rowles as Vice-Mayor. Randy APPROVED ABS CARSON ROWLES APPROVED AB SALVAGGIO Bakersfield, California, December 4, 1996 - Page 12 12. NEW BUSINESS continued Resolution setting the dates of Regular city Council Meetings for January through December 1997. Motion by Smith to adopt Resolution. 13. COUNCIL STATEMENTS Carson requested staff bring back a recommendation for a funding option for the Southeast Redevelopment Area; as Option B being the preference. ACTION TAKEN RES 143-96 APPROVED AB SALVAGGIO Smith congratulated DeMond for her hard work as Vice-Mayor the past 2 years. Sullivan requested her speaker button be repaired. Sullivan inquired about installation of the traffic signal at New Stine and Beechwood. Public Works Director Rojas responded and will provide a status report regarding the time frame of the installation. 14. ADJOURNMENT Motion by McDermott at 9:50 p.m. APPROVED AB SALVAGGIO O~fj' the City of Bakersfield, CA _~ST: ACTING CITY CLERK and~X-OFFICIO CLERK of the Council of the City of Bakersfield, CA dec4.A 12/24/96 8:37am