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HomeMy WebLinkAbout10/09/1996 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 9, 1996 WORKSHOP - 5:15 P.M. - C~uncil Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLLCALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers DeMond, Carson, Smith (seated at 5:30), McDermott, Rowles, Sullivan (seated at 5:23.), Salvaggio (seated at 5:26) None MASTER FEE SCHEDULE 1996. Assistant to the City Manager Teubner provided an overview of the Master Fee Schedule. McDermott requested a regulation change be referred to Urban Development Committee prior to coming back to Council. DeMond requested "Massage Parlor" name be changed. Motion by DeMond to recess to Closed Session at 5:26 p.m. Rowles announced a conflict on one of the Closed Session items. CLOSED SESSION Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 concerning City properties located at 515 Truxtun Avenue, between L & M Streets and 20th and 21st Streets; l?th and K Streets; and 1200 Block of 18th Street. Negotiating parties: City of Bakersfield (Alan Tandy) and MosesJan Family Trust (Peter MosesJan); Morgan Corporation (Terry Moreland); and C.B. Commercial; Lee Development Group (Gregory D. Bynam & Associates). Under negotiation: All terms APPROVED AB SMITH ROWLES CITY ATTORNEY RECEIVED INSTRUCTION Bakersfield, California, October 9, 1996 - Page 2 ~ CLOSED SESSION continued Conference with Legal Counsel Existing Litigation. Closed Session pursuant to Government Code Section 54956.~9(a) North Kern Water Storage District vs. Kern Delta Water District, et al., Tulare County Court Case No. 96-172919. Conference with Legal Counsel - Potential 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) Robert Merritt, et al. rs. City of Bakersfield (Burn Dump), Kern Superior Court Case No. 231861-AEW. Correspondence was received from Robert Merritt, dated October 9, 1996, requesting Council allow current residents to temporarily rent homes from the City after the closed of escrow. ACTION TAKEN CITY ATTORNEY PROVIDED UPDATE CITY ATTORNEY PROVIDED UPDATE CITY ATTORNEY RECEIVED INSTRUCTION Motion by DeMond to adjourn from Closed APPROVED Session at 6:30 p.m. AB SMITH ROWLES REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Mark Salvaggio PLEDGE OFALLEGIANCEby Robert J. Taylor, Color Guard, Bakersfield ~ High School ~ir Fomce Junior ROTC 3. ROLLCALL ACTION TAKEN Present: Mayor DeMond, Rowlos, Absent: None Price, Councilmembers Carson, Smith, McDermott, Sullivan, Salvaggio CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on Pages 1 and 2. Bakersfield, California, October 9, 1996 - Page 3 5. PRESENTATIONS Mayor Price presented a proclamation to Stacy Andrew and Robin Westercamp, Ann Ellison and. Kick Williams proclaiming October 24,1996 as Legal Advocacy Volunteer Day. Mayor Price presented the Annual Certificate of Achievement for Excellence in Financial Reporting to Finance Director Greg Klimko. Community Services Manager Anderson introduced Stan Ford, th.e new Parks and Recreation Director. ACTION TAKEN 6. PUBLIC STATEMENTS 7. APPOINTMENTS One appointment to the Golden Empire Transit District Board due to the resignation of William J. Mattox, term expiring January 6, 1999. First Ballot Votes preference: Ward 1 - Adams Ward 2 - Fisher, James, Ward 3 - James Ward 4 - James, Ward 5 - James Ward 6 - James, Ward 7 - Adams ranked Adams Adams, Olague Fisher by Deputy Clerk Zaragoza announced the individuals receiving the highest number of votes were David S. James and Lee Adams. Second Ballot Votes: Ward 1 - Adams Ward 2 - James Ward 3 - James Ward 4 - James Ward 5 - James Ward 6 - James Ward 7 - Adams Bakersfield, 230 California, October 9, 1996 - Page 4 APPOINTMENTScontinued Mayor Price announced Carson would leaving the Chambers at 7:30 p.m. ACTION TAKEN be Deputy Clerk Zaragoza announced the individual receiving the highest number of votes was David S. James. Motion by DeMond to appoint David S. James, term to expire January 6, 1999. APPROVED Motion by DeMond to add Item aa. to the Consent Calendar that arose' after the Agenda was posted and requires action tonight. aa. Contract Change Order No. 1 ($23,604) to Contract No. 96-262 with Granite Construction Company for Panama No. 10 Streets Reconstruction Project. (Ward 7) CONSENT CALENDAR Payments ft6m September 14, 1996 to September 27, 1996 in the amount of $5,444,118.66; and Self Insurance payments from September 14, 1996 to September 27, 1996 in the amount of $139,883.47. Minutes of the meeting of September 25, 1996. Resolution of Application proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 390, Dennen No. 1 Annexation, located west of Freeway 99, north and south of Panama Lane. (Ward 7) Resolution of Application proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 391, Greenlawn Cemetery Annexation, located southwest of Panorama Drive and River Boulevard. Wards 2 and 3) APPROVED RES 112-96 RES 113-96 23 l_ Bakersfield, California, October 9, 1996 - Page 5 CONSENTCALENDAR continued Assessment District No. 96-1, Brimhall II, Spring Meadows, Fairways and Campus Park (Ward 4): ACTION TAKEN MCDERMOTT ABSTAINED DUE TO CONFLICT 1. Resolution approving form and RES 114-96 substance of Acquisition and Disclosure Agreement and authorizing changes and execution. 2. Acquisition and Disclosure AGR 96-273 Agreement with Castle & Cooke California, Inc., for the construction and installation of certain improvements. f. Personnel Changes: 1. Resolution amending Resolutions RES 115-96 12-96 and 19-96 setting salaries and related benefits for employees of the White Collar, Police Supervisory and the General Supervisory Units. Job specifications: City Clerk, Public/Fire Safety Education Specialist, Geographic Information Systems (GIS) Coordinator, Senior Office Systems Analyst, Communications Operations Supervisor. g. Personnel Changes: Resolution amending Resolutions 12-96 and 19-96 Setting Salaries and Related Benefits for Employees of the White Collar and the General supervisor Units. Accounting I/II, Real Senior Real Job specifications: Clerk I/II, Buyer Property Agent I/II, Property Agent. 3 o Reclassifications: Buyer I to Buyer II, Real Property Agent to Senior Real Property Agent. RES 116-96 Bakersfield, California, October 9, 1996 - Page 6 CONSENTCALENDAR COntinued h. Tract Maps/Improvement Agreements: ACTION TAKEN 1. Final Map and Improvement AGR 96-274 Agreements with Kyle Carter AGR 96-275 Homes, Inc. or Tract .5418 Unit 2; northwest corner of Calloway Drive and Noriega Rdad. (Ward 4) 2. Improvement Agreement with Castle AGR 96-276 & Cooke Commercial-CA, Inc., for Parcel Map 10291; northwest corner of Ming Avenue and Haggin Oaks Blvd. (Ward 4) Improvement Agreements with Castle & Cooke California, Inc., for Tract 5544 Phase D; south of Brimhall Road, west of Verdugo Lane. (Ward 4) Amendment No. 1 to Agreement No. 94- 175 with Boyle Engineering Corporation for China Grade Loop Bridge at Beardsley Canal and appropriation of $40,000 Highway Bridge'Rehabilitation and Replacement (HBRR) g~ant revenue within the Intermodal Surface Transportation Fund. (Ward 3) Amendment No. 2 to Agreement No. 96-29 with Mike McGuire ($10,000) for Asbestos Management Plan at the Bakersfield Convention Center and appropriate $10,000 Fund Balance Outlay Fund/Capital Improvement Budget. (Ward 2) Agreement with California Housing Finance Agency(CHFA) for Subordinate Financing and Resale Control. (All Wards) Common Use Agreement with North Kern Water Storage District for China Grade Loop Bridge at Beardsley Canal. (Ward 3) AGR 96'277 AGR 96-278 AGR 96-279 ROWLES ABSTAINED DUE TO CONFLICT AGR 96-280 AGR 96-281 AGR 96-282 AGR 96-283 233 Bakersfield, California, October 9, 1996 - Page 7 CONSENT CALENDAR continued Approval of and authorization for City Manager to negotiate the final terms and conditions of an agreement with Potter McKinney to ~anage homes to be acquires by City ~n~. to negotiate short-term rental agreements for the property located in the 3=500-3900 blocks of Panorama Drive. (Ward 3) Approve form and substance of purchase agreement with Cal-Co!orado, Inc., to purchase real property ($310,000.00) located at 1431 N Street and appropriate $315,000.00 General Fund Balance to the Capital Outlay Fund/Capital Improvement Budget. (Ward 2) Annexation Agreements: Agreement with Greenlawn Mortuary and Cemetery (Northeast) Agreement with Greenlawn Southwest Mortuary and Cemetery. Accept bids from Jim Burke Ford ($303,101.36); Three Way Chevrolet ($140,047.80); and Downey Ford ($43,136.16) for 24 pickups (22 replacement, 2 additional) and 4 replacement vans. Accept bid from Jim Burke Ford ($100,349.74) for a 3,000 gallon replacement water truck for Streets Division. Accept bid from Jim Burke Ford ($32,032.40) for a replacement fire patrol vehicle. Accept bid from Compucom ($107,683.05) for 50 personal computers and monitors. Accept bid from Rain for Rent ($22,945.07) for one replacement trailer mounted water pump for the Streets Division. ACTION TAKEN SMITH ABSTAINED DUE TO CONFLICT AGR 96-284 AGR 96-285 DEED 4627 AGR 96-286 AGR 96-287 Bakersfield, ~lifornia, October 9, 1996 - Page 8 2B4 CONSENT CALENDAR continued Accept bid from Altec Industries, Inc., ($178,124.00) for one additional and two replacem~R~ trucks with aerial devices for General Services. Reduce the CDDA Debt Service Fund appropriations and related interfund transfers by $150,000, and reappropriate this amount to the Chester Avenue Streetscape Project in the Capital Improvement Budget. Substitution of Capital Improvement Project, Sewer Rehabilitation Replace Lift Station'- Panama Lane east of Parsons Way, for Sewer Rehabilitation - Lift Station (19th Street), and appropriation of $119,600.00 from the Sewer Enterprise Fund Balance to the Capital Improvement Budget within the Sewer Enterprise Fund. (Wards 5 and 7) Acceptance of Donation of Computer Networking Equipment from Bay Networks, Inc. Appropriate $98,500 from Internal Services Fund/Computer to the Management Information Services Operating Budget to be used for maintenance and repairs. Appropriate $70,000 from Gas Tax Fund Balance, $17,000 from Transportation Development Fund Balance, $8,900 from Sewer Enterprise Fund Balance and $17,500 from Refuse Fund Balance to the Capital Improvement Budget within the respective funds for completed on- call construction inspection services on various capital projects. (All Wards) Contract Change Order No. 1 ($23,604) to Contract No. 96-262 with Granite Construction Company for Panama No. 10 Streets Reconstruction Project. (Ward 7) ACTION TAKEN 235 Bakersfield, California, October 9, 1996 - Page 9 CONSENT CALENDAR continued Motion by DeMond to adopt Items (a) through (aa) of Consent Calendar; with a correction to Item m. to read: "Approval of Agreement with Potter McKinney to manage homes to be acquired by City located in the 3500-3900 blocks of Panorama Drive"; Smith abstaining on Item m. due to owning property nearby; McDermott abstaining on Item e. due to owning property nearby; and Rowles abstaining on Item i. due to a previous financial interest in the company. ACTION TAKEN APPROVED HEARINGS Public Hearing as required by Resolution of Intention No. 1150, to hear public testimony iregarding the establishment of (Interim) Maintenance District No. 4-11 (Chester Avenue). (Ward 2) This is the first of two hearings with the protest hearing to be held October 23, 1996. Hearing opened at 7:24 p.m. The following individuals spoke in support: Kelly Blanton, Kern County Superintendent of Schools; Sheryl Scott, Golden Empire Transit District; and Massoud Yashenafai, Supreme Real Estate Group. Hearing closed at 7:28 p.m. Public Hearing as required by Resolution of Intention No. 1151, to hear public testimony for Assessment District No. 96-1, Brimhall II, Spring Meadows, Fairways and Campus Park. (Ward 4) McDermott announced abstention. This is the first of two hearings with the protest hearing to be held November 6, 1996. Hearing opened at 7:29 p.m. Hearing closed at 7:30 p.m. Bakersfield, California, October 9, 1996 - Page 10 F 10. REPORTS 11. DEFERRED BUSINESS ACTION TAKEN 12. NEW BUSINESS Ordinance amending Chapter 5.14 of the Bakersfield Municipal Code relating to cabarets. City Attorney Skousen background information. provided FR DeMond requested permit applicants be informed of'the sta~ laws regarding cabarets. League of California cities Annual Meeting: Positions on League of California cities Resolutions. 2. Discussion of Voting Delegate. Motion by Rowles to adopt the positions on Resolutions 1 through 5 and 8 through 13 as forwarded by the Legislative and Litigation Committee; and adopt neutral positions on Resolutions 6 (Media Literacy), 7 (Human Dignity and Zero Tolerance for Hate Crimes) and 14 (Voter Approval for Revenue Measures). APPROVED AB CARSON Motion by Rowles to designate Assistant City Manager Gail Waiters as the second alternate voting delegate; and to vote the consensus position of the Council on the Resolutions. APPROVED AB CARSON F Co Lease Agreement/Purchase Option with the Bakersfield Art Foundation for use of city property at 1930 R Street as a Municipal Art Gallery. Motion by DeMond to retain location and approve Agreement/Purchase Option. the present the Lease AGR 96-288 APPROVED AB CARSON 23q Bakersfield, California, October 9, 1996 - Page 11 13 o COUNCIL STATEMENTS Mayor Price requested Urban Development Committee study the issue of annexing the Foreign Trade Zone out by 7th Standard Road and bring back to Council as soon as possible. ACTION TAKEN Smith spoke regarding the Panorama Drive situation. McDermott referred stress disability requirements for Management employees to~ staff to research and communicate any information to Budget & Finance Committee for discussion. McDermott reiterated the code enforcement problem of weeds and trash on the north side of Pacheco Road between Gosford and Buena Vista. Salvaggio requested Public Works Streets Division check the need for road repair at the intersection of Ming Avenue and South H Street northbound. Salvaggio thanked City Attorney Skousen for her help with some condominium residents at 1500 Pacheco Road. Salvaggio spoke of complaints from Public Works and his discussion with City Manager Tandy regarding the Panama Lane project near South Union Avenue. McDermott commented on two Public Works projects: California/Stockdale; and Truxtun Avenue. Rowles commented on concerns regarding the Truxtun Extension project; and requested staff readdress the encroachment permit process. Rowles reaffirmed his support for moving the Foreign Trade Zone issue to Urban Development Committee. Rowles thanked Public Works Department for their expeditious responses in preparation for the Business Conference next week. Bakersfield, California, October 9, 1996 - Page 12 13. COUNCIL STATEMENTS continued Rowles commented on the Disability Retirement issue; and requeslted an evaluation of what options are available under our Charter City status. Rowles requested staff revisit the issue of lowering the noise level for residents on New $tine Road. ACTION TAKEN Rowles commented on the successful progress of issues by the City Council since 1993. DeMond commented on the expense incurred due to the Truxtun/Oak Street gas leak. DeMond requested staff send another letter to the railroad regarding crossing repair, including Truxtun Avenue by Sandstone Hardware. DeMond reminded everyone of ~he Old Towne Kern Railroad Artsfe'~t this Weekend and Up on the Roof Down on the 'Street next Friday. 14. ADJOURNMENT Motion by DeMond to adjourn at 8:20 p.m. APPROVED the City of Bakersfield, CA ACTING CITY CLERK and~X-OFFICIO CLERK of the Council of the City of Bakersfield, CA OCT9.A 10/25/96 11:13am