HomeMy WebLinkAbout10/23/1996 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 23, 1996
CLOSED SESSION
5:15 P.M.
Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLLCALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
DeMond, Carson, Smith, McDermott
(seated 5:23), Rowles (seated at
5:25), Sullivan (seated at 5:25),
Salvaggio
None
Motion by DeMond to recess to Closed
Session at 5:20 p.m.
Conference with Legal Counsel ~ Existing
Litigation. Closed Session pursuant to
Government Code SectS.on 5~956.9(a) in the
case of City of Bakersfiel~ ~VS, Rancho Rio,
An Ja Cho dba New World Recycling, Kern
Superior Court Case No. 229171-SPC.
Conference with Legal Counsel - Potentiel
Litigation. Initiation of litigation
pursuant to Government Code Section
54956.9(¢). One potential case.
Conference with Legal Counsel - Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9(a) in the
case of Robert Merritt, et al. rs. City of
Bakersfield (Burn Dump), Kern Superior
Court Case No. 231861-AEW.
APPROVED
AB MCDERMOTT
ROWLES
SULLIVAN
CITY ATTORNEY
RECEIVED
INSTRUCTIONS
CITY ATTORNEY
RECEIVED AUTHORI-
ZATION TO FILE
SUIT AGAINST
INSURANCE
CARRIERS
AB SMITH
UPDATE RECEIVED;
CITY ATTORNEY
RECEIVED
INSTRUCTIONS
AB SMITH
Motion by DeMond to adjourn from Closed
Session at 6:45 p.m.
APPROVED
Bakersfield, California, October 123, 1996 - Page 2
REGU'EAR MEETING - 7:00 P.M.
- Council ~a~be~, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Mark Salvaggio
2. PLEDGE OF ALLEGIANCE
3. ROLLCALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
DeMond, Carson, Smith, McDermott,
Rowles, Sullivan, Salvaggio
None
240
CLOSEDSESSION ACTION
Mayor Price announced Closed Session action
as reflected on Page 1.
PRESENTATIONS
Mayor Price introduced the Mayor's new
Student Intern, Anastasia Krier, who
is a Political Science student at
Bakersfield College.
PUBLICSTATEMENTS
Joe Wrennail, Vice President,
ValliWide Bank, representing ValliWide
Bank and the Downtown Business
Association, spoke regarding the
Chester Avenue Maintenance District
(Hearing Item 9.b.)
Barbara Martin, Building Industry of
Kern County, spoke regarding the
Transportation Impact Fee Ordinance.
(New Business Item 12.a.)
7. APPOINTMENTS
CONSENT CALENDAR
Payments from September 28 to October
11, 1996 in the amount of
$4,419,909.51 and Self Insurance
payments from September 28 to October
11, 1996 in the amount of
$2,455,116.22.
Bakersfield, California, October 23, 1996 - Page 3
CONSENTCALENDAR continued
b. Minutes of the Meeting of October 9,
1996.
Contract Change Order No. 1 to
Contract No. 96-163 with Pacific
Resources for the Terrace Way Storm
Drain Project ($34,301.09); and
appropriate $45,000 from the Sewer
Enterprise Fund Balance to the Capital
Improvement Budget within the Sewer
Enterprise Fund. (Ward 1)
Ordinance amending Section 17.04.470,
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 and 17.44.090,
17.57.080 and 17.69.050 of the
Bakersfield Municipal Code relating to
legal nonconforming structures, uses
and lots. (Staff recommends referral
to Urban Development Committee)
Resolution of Application proposing
proceedings for annexation of
territory identified as Annexation No.
392, Casa Loma No. 6 Annexation,
located south of Casa Loma between
Union Avenue and Cottonwood Road.
(Ward 1)
Resolution ordering judicial
foreclosure of delinquent assessments
according to the Improvement Bond Act
of 1915, and ordering the tax
collector be credited with those
assessments. (Assessment District 91-
1 Hosking Trunk Sewer) (Wards 6 & 7)
Resolution approving site
identification and description of Kern
Valley Recycling & Transfer Station.
Resolution to apply for a grant from
the California Integrated Waste
Management Board to receive $93,270
for a Household Hazardous Waste
Education Program; and Consultant
Agreement with Always Think Twice,
Inc. for the administration of the
grant. (AB 1220)
ACTION TAKEN
RES 117-96
REMOVED FOR
SEPARATE
CONSIDERATION
RES 118-96
RES 119-96
AGR 96-289
Bakersfield, California, October 23, 1996 - Page 4
CONSENT CALENDAR continued
Resolution adopting the City of
Bakersfield Disadvantaged Business
Enterprise (DBE) Program for use on
federally funded highway improvement
projects for Fiscal Year 1996-97.
j. Tract Maps and Improvement Agreements:
Final Map and Improvement
Agreement with Castle & Cooke
California, Inc. for Tract 5425,
Phase C, located east of Grand
Lakes Avenue and north of Ming
Avenue. (Ward 4)
Final Map and Improvement
Agreements with Castle & Cooke
California, Inc. for Tract 5425,
Phase D, located east of Grand
Lakes Avenue and north of Ming
Avenue. (Ward 4)
Agreement with State of California
Department of Transportation, Program
Supplement Nos. 032, 033, 034, 035 and
036, for Panama Lane from Arvin-Edison
Canal to 1000 feet east of Ashe Road;
Terrace Way from Union Avenue east to
the sump; Stockdale Highway at
California Avenue; Garnsey Avenue and
Garnsey Lane; and various streets.
(Wards 1, 3, 4, 5, 6 & 7)
Agreement with State of California
Department of Transportation, Program
Supplement No. 096, for the Seismic
Retrofit Design of 6 bridges. (Wards 2
& 3)
Agreement between City of Bakersfield,
County of Kern and Kern Community
College District for in-service
training and instructional services at
the Olive Drive Training Facility.
Consultant Agreement with Boyle
Engineering ($24,480) for assessment
engineering services for proposed
Assessment District No. 96-2 (Allen
Road Sewer). (Ward 4)
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 96-290
AGR 96-291
AGR 96-292
AGR 96-293
AGR 96-294
AGR 96-295
AGR 96-296
AGR 96-297
AGR 96-298
AGR 96-299
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 96-300
243
Bakersfield,
California,
October 23,
1996 - Page 5
CONSENT CALENDAR continued
Oo
Amendment No. 1 to Agreement No. 96-
115 with Carollo Engineers for a
$23,000 reduction in engineering
design services for the Wastewater
Treatment Plant No. 3 Upgrade and
Expansion Project. (Ward 6)
Memorandum of Understanding with Kern
Council of Governments regarding the
South Beltway Corridor Alignment
Study.
Award Contract to Super Trap Bullet
Containment System, Inc. ($36,984.66)
to furnish and install a bullet
containment system at the Bakersfield
Police Department Pistol Range.
Accept bid from HV Carter Co.
($66,490.71) for replacement diesel-
powered flail mower for Parks
Division.
Appropriate $18,175 Fund Balance to
the Capital Improvement Budget within
the Transportation Development Act
Fund for Baker Street landscaping
improvements. (Ward 2)
Appropriate $10,000 Fund Balance to
the Capital Improvement Budget within
the Off-Street Parking .Fund for
professional services related to
property acquired through eminent
domain proceedings (condemnation of
Rancho Rio [Recycling] property for
Parking Lot Project south of the
Convention Center).
Chester Avenue Streetscape Funding
Strategy. (Staff recommends referral
to Budget and Finance Committee)
Motion by DeMond to adopt Items (a) through
(u) of the Consent Calendar; with the
exception of Items f. and i.; Rowles
abstaining on Item n. due to a previous
financial interest in the firm.
ACTION TAKEN
AGR 96-301
AGR 96-302
CON 96-303
APPROVED
Bakersfield, California, October 23, 1996 - Page 6
CONSENTCALENDAR continued
fe
Resolution ordering judicial
foreclosure of delinquent assessments
according to the Improvement Bond Act
of 1915, and ordering the tax
collector be credited with those
assessments. (Assessment District 91-
1 Hosking Trunk Sewer) (Wards 6 & 7)
Motion by McDermott to defer Item f.
of Consent Calendar to t~e meeting of
November 6, 1996 for further research.
Councilmembers did not vote but
concurred with the motion.
Resolution adopting the City of
Bakersfield Disadvantaged Business
Enterprise (DBE) Program for use on
federally funded highway improvement
projects for Fiscal Year 1996-97.
Motion by DeMond to adopt Item i. of
Consent Calendar.
HEARINGS
Hearing to consider a Resolution
adopting fees and service charges
according to the RevenueSCost
Comparison System under Chapter 3.70
of the Bakersfleld Municipal Code.
This hearing is for public testimony
only.
Hearing opened at 7:17 p.m.
No one spoke at hearing.
Hearing closed at 7:17 p.m.
ACTION TAKEN
DEFERRED
NAT
RES 120-96
APPROVED
NS MCDERMOTT
Protest hearing as required by
Resolution of Intention No. 1120, to
consider a Resolution establishing
Interim Maintenance District No. 4-11
(Chester Avenue), conflrm~ng the
assessment and authorizing collection
of assessments by the Kern County Tax
Collector. (Ward 2)
Hearing opened at 7:20 p.m.
RES 121-96
Bakersfield, California, October 23, 1996 - Page 7
HEARiNGScontinued
b. No one spoke at hearing.
Hearing closed at 7:20 p.m.
Motion by DeMond to adopt Resolution.
ACTION TAKEN
APPROVED
Hearing to consider a Resolution
amending the Riverlakes Ranch Specific
Plan, located between Noriega Road,
Rosedale Highway, Fruitvale Avenue and
Calloway Drive. (P96-0587 Specific
Plan Amendment). (Ward 4)
Rowles announced abstention due to
conflict.
Hearing opened at 7:22 p.m.
Lee Jamieson, Hopper Properties, L.P.,
spoke in opposition to staff
recommendation and submitted written
material.
Michael Dhanens,
representing Fruitvale
spoke in support
recommendation.
Architect,
Properties,
of staff
Hearing closed at 7:30 p.m.
Motion by McDermott to adopt
Resolution with the amendment (#23 of
Exhibit C) to eliminate the omission
from the technical index of the
development agreement and include
necessary commentary to provide
complete information for future
reference.
RES 122-96
APPROVED
ABS ROWLES
Appeal by Mark Jones, representing
Thomas Reese, of the Board of Zoning
Adjustment decision to approve a
conditional use permit to allow a
120,000 square foot mini storage
project with a 636 square,foot office
and 1,259 square foot caretaker's
unit, and a modification of the rear
yard setback from 20 feet to 0 feet to
permit construction of storage
buildings on the property line,
located at 3801 Wilson Road. (P96-
0603) (Ward 6)
RES 123-96
Bakersfield, California, October 23, 1996 - Page 8
HEARINGS continued
Correspondence was received in support
of staff recommendation upholding the
Board of zoning A~justment decision to
grant the conditional use permit from:
James D. Houghton, Property
Disposition Specialist, The Von's
Companies, Inc., dated October 18,
1996; and Jim Marino,
Marino/Associates, representing
Derrel's Mini Storage: dated October
22, 1996.
Hearing opened at 7:40 p.m.
The following individuals ~poke in
opposition to staff recommendation:
Mark Jones, Attorney, Borton Petrini
and Conron, representing the
appellants; Tom Reese, The Lock Up
Self-Storage; Gary Braun, Past
President, Western Region of the Self-
Storage Association, and submitted
written material; and Clement Colonas
who submitted petitions.
The following individuals spoke in
support of staff recommendation:
Jim Marino, Marino/Associates,
representing Derrel's Mini Storage,
and submitted photographs; John Hale;
Dertel Ridenour, Derrel's Mini
Storage; and Lee Jamison, Co-owner,
Instant Storage.
The following individuals spoke in
rebuttal (opposition):
Howard Shannon, Owner, Storehouse Mini
Storage, White Lane; Suzanne
Hernandez; Tripper Aiken, Owner,
Bakersfield Self-Storage, Wible Road;
and Tom Reese, The Lock Up Self-
Storage.
Dertel Ridenour, Derrel's Mini Storage
spoke in rebuttal (support).
Hearing closed at 8:17 p.m.
Motion by Sullivan to adopt Resolution
upholding the Board of Zoning
Adjustment decision to grant the
conditional use permit.
ACTION TAKEN
APPROVED
247
Bakersfield, California, October 23, 1996
- Page 9
HEARINGS continued
Mayor Price announced a 5-minute recess at
8:35 p.m. and reconvened the meeting at
8:40 p.m.
ACTION T~KEN
10.
REPORTS
City Manager Report No. 11-96
regarding the Proposed Convention
Center Expansion.
City Manager Tandy provided an
overhead computer presentation and
distributed written material entitled
"Facilities Expansion IV".
Motion by DeMond to accept Report.
11. DEFERRED BUSINESS
Ordinance amending Chapter 5.14 of the
Bakersfield Municipal Code relating to
cabarets. (First Reading 10/9/96)
Motion by DeMond to adopt Ordinance.
APPROVED
AB ROWLES
ORD 3733
APPROVED
12. NEW BUSINESS
Ordinance amending Chapter 15.84 of
the Bakersfield Municipal Code
relating to a transportation impact
fee on new development.
Public Works Director Rojas introduced
Civil Engineer III Shaw who provided
background information.
Ordinance amending Section 2.92.010
A.; adding Section 2.92.020 Y.; and
amending Section 2.92.330 C. of the
Bakersfield Municipal Code relating to
Fire Department relief and pensions.
Ordinance amending Chapter 2.04 of the
Bakersfield Municipal Code relating to
Councll meetings.
Mayor Price announced Item i2.c. is
First Reading with a referral to
Legislative and Litigation Committee.
FR
FR
FR
Bakersfield, California, October 23,
13. COUNCIL STATEMENTS
1996 - Page 10
ACTION TAKEN
Carson expressed her pride of her daughter
Karen's success as a business consultant
with McDonald Corporation and her receiving
the Golden Arch Award in Chicago.
Salvaggio inquired about the upcoming
meeting with the PUC and the Burlington
Northern Santa Fe Railroad regarding a
railroad crossing at Truxtun Avenue at
Sandstone Hardware; and requested Public
Works Director Rojas check into the other
railroad crossings owned by other
companies, such as South H by McCourry
Street; and on Hughes Lane, south of White
Lane.
Salvaggio thanked City Manager Tandy for
his assistance regarding the access problem
at Albertson's on Panama.
Rowles thanked Public Works Director Rojas
and staff for cleanup on Stockdale Highway
prior to the Business Conference.
Rowles mentioned he had received several
positive comments on the traffic flow at
the Stockdale/California intersection.
Rowles requested Traffic Engineer Walker
contact him regarding the Rosewood ingress
and egress problems on New Stine Road.
Smith requested an update on the use of the
Destec Funds with regard to City parks.
Smith advised the soccer field lights on
Alfred Harrell Highway have been installed;
and the ground breaking at Highland High
School will be tomorrow.
Smith requested an update regarding the
park issue; Parks Superintendent Fabbri
responded.
249
Bakersfield, California, October 23, 1996 - Page 11
13. COUNC~ILSTATEMENTScontinued
Smith requested updates on previous
referrals:
Traffic signal at LaCosta by Eissler
School on Auburn;
Crossing guard at Colonel Nichols
School;
· Possible warning light or turn lane at
Highway 178/Comanche;
~ Traffic signals at Fairfax/College.
McDermott remarked about the street work
being done on Truxtun Avenue; and requested
the company doing the work be contacted to
express City's concerns.
DeMond thanked staff for the work downtown
and requested she be advised when bids will
go out.
DeMond advised that Senator Costas
commended Economic Development staff for
their lobbying on Senate Bill 2023 to
change the Incentive Area into an
Enterprise Zone.
DeMond thanked Fire Department staff and
Police Department staff and Economic
Development staff for "Up on the Roof, Down
on the Street" work and the success of the
Street Faire.
14. ADJOURNMENT
Motion by DeMond_to adj~ p.m.. APPROVED
MA=ZOR BOB PRICE of the City of Bakersfield, CA
ATTEST:
ACTING CITY CLERK and E~OFFICIO CLERK of
the Council of the City Vol Bakersfield, CA
OCT 23.A
11/ 4/96 11:22am