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HomeMy WebLinkAbout09/11/1996 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 11, 1996 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers DeMond, Carson, McDermott, Rowles (seated at 5:20), Sullivan, Salvaggio (seated at 5:22) Councilmember Smith REPORT BY CITIZENS ADVISORY COMMITTEE OF THE METROPOLITAN BAKERSFIELD FIRE SERVICES STUDY. Les Clark, Chairperson, Citizens Advisory Committee, distributed the Final Report on the Metropolitan Bakersfield Fire Services Study and introduced Conni Brunni, Citizens Advisory Committee Member, who provided a Minority Report and other written material on the Fire Services Study. PRESENTATION BY ECONOMIC AND COMMUN~TY DEVELOPMENT STAFF OF THE RESULTS PROM THE LATEST BUSINESS RETENTION SURVEY (KEEP). Economic Developer Principal Planner Lyman introduced Carolyn Bozarth, Cal State University Internship, who provided written material on Survey Results of Metro Bakersfield's Mid-Sized Employers. Motion by DeMond to recess to Closed Session at 5:59 p.m. APPROVED AB SMITH Bakersfield, California, September 11, 1996 - Page 2 :20 CLOSED SESSION Conference-with Legal Counsel - Potential Litigation. Initiation of litigation pursuant to Government Code Section 54956.9(c). Two potential cases. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 concerning proper~y ~dentified as APN 006- 141-01, APN 006-141-02 (515 T~ux~u~ Avenue) and APN 005-471-10, 11 and 12 (L and M Streets between 20th & 21st Streegs), Bakersfleld, Callfornla. Negotiating parties: City of Bakersfield (Alan Tandy) and MosesJan Family Trust (Peter Mosesian)/(Jeffrey T. Andrew); Morgan Corporation (Terry Moreland); and C.B. Commercial; and possibly other deve10pers, realtors or contractors regarding the same or similarly situated properties owned by the City. The additional negotiating parties, if any, and the exact property locations will be announced at the Council meeting prior to the Closed Session. Under negotiation: All terms. Acting City Clerk announced Closed Session Items with the inclusion of the additional negotiating parties and locations in Item 2: Gregory D. Bynum & Associates on behalf of Lee Development Group. The"'additional locations of City property are located at the corner of 17th & R Streets; and the 1200 block of 18th Street. Motion by DeMond to adjourn from Closed Session at 6:55 p.m. ACTION TAKEN UPDATE RECEIVED; CITY ATTORNEY RECEIVED INSTRUCTIONS CITY ATTORNEY RECEIVED INSTRUCTIONS APPROVED AB SMITH 207 Bakersfield, California, September 11, 1996 - Page 3 REGUkAR MEETING - 7:00 P.M. - Council Chambers, City Hall. 1501 Truxtun Avenue, Bakersfield 1. INVOCATIONby Chaplain Mike Castle, First Assembly of God Church 2. PLEDGE OF ALLEGIANCE 3. ROLLCALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers DeMond, Carlson, McDermott, Rowles, Sullivan, Salvaggio Councilmember Smith CLOSEDSESSIONACTION Mayor Price announced Closed Session action as reflected on this page. 6. 7. 8. PRESENTATIONS PUBLIC STATEMENTS APPOINTMENTS CONSENTCALENDAR Payments from'August 10 to August 30, 1996 in the ~amount of $9,041,155..81; and Self I~s~r~nce .payments from August 10 to August 30, 1996 in the amount of $191,035.74. Minutes of the Workshop, Closed Session and Regular Meeting of August 21, 1996. New and Revised Job Specifications and Reclassifications: Resolution amending Resolution Nos. 12-96 and 19-96 setting salaries and related benefits for employees of the White Collar and General Supervisory Units. (Accounting Clerk I/II, Real Property Agent, Buyer I/II) (Staff recommends referral to Personnel Committee) Resolution preliminarily approving the Engineer's Report and setting dates of hearings for the proposed Assessment District No. 96-1 (Brimhall II, Spring Meadows, Fairways and Campus Park. (Ward 4) MCDERMOTT ANNOUNCED ABSTENTION FOR CONFLICT RES 106-96 Bakersfield, California, September 11, 1996 - Page 4 205 CON~SENT CALENDAR continued ge he j e Resolution appropriating $55,500 Asset Forfeiture monies to the Public Works Operating Budget .in tbeE~ipment Management Fund for purc*h~Si~g 3 used replacement vehicles. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreement with EPCO Ventures Ltd. for Tract 5688, Phase D, located on the north side of Harris Road and the west side of Stine Road. (Ward 6) Improvement Agreement with ADS Properties LLC for Parcel Map 10278, located at the southeast corner of Coffee and Hageman Roads. (Ward 4) Agreements with Mercy Charities Housing California regarding development Assistance to construct 56 affordable housing units located at Madison Street and Casa Loma Drive: Amendment No. 1 to Agreement No. 95-152. 2. Assignment and Assumption Agreement. Reject all bids received August 6, 1996 for the repair, seal and restriping of the Development Services Building roof parking surface. (Ward 2) Accept bid from Jim Burke Ford ($732,621.61) for 34 vehicles (28 replacement, 6 additional) for 7 City Divisions. Accept bid to award Contract to W.M. Lyles Company ($169,549) for Union Avenue sewer rehabilitation and reconstruction from Columbus Avenue to Bernard Street. (Ward 2) ACTION TAKEN RES 107-96 AGR 96-255 AGR 96-256 AGR 96-257 AGR 96-258 CON 96-259 Bakersfield, California, September 11, 1996 - Page 5 CONSENTCALENDAR continued Accept bid to award Contract to Multi- Image Systems, Inc. ($322,653.80) for Bakersfield Convention Center Video Wall System. (Ward 2) Accept bid to award Annual Contract to Jim Alfter Cement Contractor (not to exceed $26,200) for canal liner repair. Accept bid to award Contract to Granite Construction ($211,416) for Panama No. 10 street reconstruction. (Ward 7) Accept bid to award Contract to Granite Construction ($325,542) for construction of 20th Street area/Weill Park curb & gutter, Baker Street handicap ramps and Lake Street reconstruction; and appropriate $20,000 Gas Tax Fund balance to the Capital Improvement Budget within the Gas Tax Fund. (Ward 2) Amendment .No. 1 FY 1996-97 and Amendment No. 4 FY 1995-96 of the Community Development Block Grant (CDBG) Annual Plan; and Amendment No. 3 FY 1994-95 and Amendment No. 6 FY 1992-93 to the CDBG Final Statements. Appropriate $2,699 contributions from various sources to the Recreation Division Operating Budget within the General Fund for the Camp King Program at the Martin Luther King Jr. Community Center. (Ward 1) Motion by DeMond to adopt Items (a) through (p) of the Consent Calendar; McDermott abstaining on Item d. due to owning property nearby. CON 96-260 CON 96-261 CON 96-262 CON 96-263 AGR 96-264 APPROVED AB SMITH Bakersfield, California, September 11, 1996 - Page 6 9e HEARINGS Hearing to consider a Resolution proposing a fee of $3.95 per month per cart for extra res,~dential automated refuse carts. Correspondence was received in opposition from Marvin W. Kerr, dated September 10, 1996; and John P. Frassel, dated September 11, 1996. Hearing opened at 7:10 p.m. Don Lora spoke in opposition to staff recommendation. Hearing closed at 7:12 p.m. Additional written material from Public Works Department was distributed. Motion by DeMond to adopt Resolution. Friendly amendment by Rowles to not charge a fee; at the end of the automation, renegotiation with private contractors will take place; and if, at that time, 4% of over-all users want more cans, re-evaluate a proposed fee. ACTION TAKEN RES 108-96 NAT NAT Amended motion by DeMond to adopt Resolution adding wording, "for the emergency purposes" wh~re a resident may, within 1 year, have a can for a maximum of 2 months. Motion by DeMond to call for the question. Motion by DeMond to adopt Resolution. Due to a tie vote, Mayor Price voted. WITHDRAWN APPROVED NS MCDERMOTT ROWLES APPROVED NS CARSON MCDERMOTT ROWLES AB SMITH PRICE VOTED AYE Bakersfield, California, September 11, 1996 - Page 7 HEARINGScontinued McDermott requested staff prepare a summary of actual costs used for calculation and 'distrib'ute to Council. ACTION TAKEN Mayor Price announced a 5-minute recess at 8:20 p.m. and reconvened the meeting at 8:25 p.m. 10. REPORTS 11. DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code by rescinding Con.d%ti0n. Nos. 1, 2, 3, 5, 6 and 10 of Ordxnanc,~ N~. 3633, which approved Zone Change No. 5599, for property located on the north slde of Brimhall Road betwmen Jewetta Avenue and Old Farm Road. (Ward 4) (First Reading 8/21/96) McDermott announced abstention due to conflict. Motion by DeMond to adopt Ordinance. Ordinance adding Section 14.12.385 to the Bakersfleld Municlpel Code relating to dedicating a source of revenue for State Revolving Funds Loan. (First Reading 8/21/96) Motion by DeMond to adopt Ordinance. Ordinance amending Subsections A., C., D. and E. of Section 5.06.010, Subsection B. of Section 5.06.060 and adding Subsection M. to Section 5.06.060 of the Bakersfield Municipal Code relating to adult entertainment businesses. (First Reading 8/21/96) A revised ordinance was distributed. ORD 3727 APPROVED AB SMITH ABS MCDERMOTT ORD 3728 APPROVED AB SMITH ORD 3729 Bakersfield,. California, September 11, 1996 - Page 212 11. DEFERRED B,USINESScontinued ACTION TAKEN F c. Motion by Salvaggio to adopt as an APPROVED Emergency Ordinance PUrsuant to AB SMITH Charter Sections 23 and 24, to take effect immediately, which is necessary for the immediate preservation of the public health, peace, property and safety for the following reasons: i. To clarify current regulations, not by adopting new regulations but by providing further explanation and detail to clarify the restrictions already adopted in the City's current ordinance; 2. To reinforce the City Police Department's authority to enforce the ordinance; 3. Certain businesses in the City may be confused regarding the meaning of the provisions of the ordinance addressed in this Emergency Ordinance; 4. To guard against conduct which is dangerous to others, or illegal, as has been judicially determined to be foreseeable in adult entertainment arcades. 12. NEW BUSINESS a. Ordinance adding Olive Drive No. 2 FR Annexation to Ward 4, located at the southwest corner of Fruitvale Avenue and Olive Drive. (Ward 4) b. Ordinance adding Washington No. i FR Annexation to Ward 1, located near the intersection of Edison Highway and Washington Street. (Ward 1) c. Ordinance amending Title 17 of the FR Bakersfield Municipal Code and Zoning Map No. 103-17 by changing the zoning to City One Family Dwe11ing on 38 acres located west of River Boulevard, south of Panorama Drive. (Greenlawn Cemetery Annexation) 213' Bakersfield, California, September 11, 1996 - Page 9 12. NEW BUSINESS continued Appointment of Voting Delegate and Alternate to League of California Cities Annual Conference. Motion by Rowles to appoint Smith as Delegate and Carson as Alternate. ACTION TAKEN APPROVED AB SMITH McDermott requested an item regarding a temporary fire station in the vicinity of Stockdale Highway and Allen Road be added to the agenda and clarified the urgency. Sullivan requested this issue be placed on the next agenda to include further information. Motion by McDermott to consider an emergency item that arose after the agenda was posted and requires action tonight. Temporary Fire Station in the vicinity of Stockdale Highway and Allen Road. McDermott defined the approximate capital costs to the City: $15,000 to relocate; $40,000 to add asphalt and other amenities around the facility; $500,000 for personnel. Rowles suggested a master plan be developed for all future fire station sites for upcoming developed areas; and requested a letter be sent to Kern County to address the issue of a temporary fire station to initiate dialogue, and bring the item back to Council September 25th. APPROVED NS SULLIVAN AB SMITH Motion by McDermott to appropriate $175,000 for a temporary fire facility to be built east of Allen Road, north of Stockdale between the Kern River Alignment and the Canal; if County fails to approve funding for the remaining cost of the temporary facility prior to October ist, the City will then build the temporary facility; and instruct the Mayor to appear before the Board of Supervisors to communicate this. FAILED NS DEMOND CARSON ROWLES SULLIVAN Bakersfield, California, September 11, 1996 - Page 10 12. NEW BUSINESS continued ee Motion by Rowles to send a letter, through staff, to the County and our group that's to me~t With them next week and advise that we consider locating a site at Stockdale and Allen as well as Northwest Bakersfield to be the highest priority and an item for immediate discussion at that meeting; and if we don't feel that there is fruitful progress at that point, then we charge our staff to bring back on the Council Meeting~of September 25 a letter to the County which essentially outlines our 60-day notice that we're going to move forward on the facility. ACTION TAKEN APPROVED NS MCDERMOTT SULLIVAN AB SMITH 13. COUNCILSTATEMENTS Rowles thanked City Manager's and Community Services Offices for a very delicate and appropriate response to a personnel issue. Rowles thanked Police Chief Brummer regarding the street c!.osuredo~ntown. Rowles requested Community Services Department research the financing, meet with the appropriate parties (ie. Kern River Parkway Founda~iQn, Native American Association) and report back regarding additional minimum lighting at Yokuts Park. Salvaggio requested City Attorney Skousen interpret the 1500 Pacheco Road Mobile Home Park CC&Rs regarding the inability to change their by-laws unless they get approval of the Planning Commission. Salvaggio requested the Police Department look into hiring crossing guards for Siebert School on Agate Street (contact person is JoAnn McNabb, 397-1628); and provide letter from Panama School and information from Traffic Engineer Walker to full Council. 215 Bakersfield, California, September 11, 1996 - Page 11 13. COUNCIL STATEMENTS continued $alvaggio requested staff provide a status update of when the medians on White Lane from Wible to South H street will be completed and rid of weeds. ACTION TAKEN Salvaggio requested staff Hinson's regarding Panama from Lowry to Betty. contract the Lane widening Salvaggio requested staf~ provide the status of the Panama Lane/Highway 99 Overpass Project. Carson thanked Code Enforcement for their swift action. DeMond requested sidewalk repair at 2505 19th Street. DeMond requested staff provide information regarding the auctioning in October of 8-9 acres of property by the Foodco Company on Haley Street. DeMond requested staff find out who is moving intop the old Sinclair Paint Store building at 23rd and M Streets. DeMond requested staff report on the improvements being done at Luigi's and the possible problems with this project. DeMond requested a synopsis of the City's position on Proposition 217. Sullivan requested staff respond as soon as possible to her referrals. Sullivan complimented and thanked each Councilmember for their show of respect. Bakersfield, California, September 11, 1996 - Page 12 13. COUNCIL STATEMENTS continued McDermott commented on SB1505 being defeated; suggested sending a letter to Mr. Ruettgers thanking him for bringing it to Council's attention; and to communicate concerns to Mr. Pochigian before they draft bills in the next session. ACTION TAKEN McDermott advised of the heavy traffic situation at Hageman and Calloway and requested a time schedule of placing a signal at that location and requested it be placed on the fast-track for completion. McDermott advised of the heavy traffic situation on Calloway from Rosedale Highway past Brimhall Road since the opening of the Calloway Bridge. McDermott requested the traffic signal timing at Brimhall/Calloway and Coffee/Truxtun be checked and requested a response back. DeMond requested staff look at the restriping on the Oak Street Bridge, that it may ne.ed to be redone; and requested a status on why the Oak Street project from Truxtun north is delayed. 14. ADJOURNMENT Motion by DeMond at 9:40 p.m. APPROVED AB SMITH M~OR BOB PRICE of the City of Bakersfield, CA ATTEST: ACTING CITY CLERK annEX-OFFICIO CLERK of the Counc'i~"of th,~ city: Of Bakers~field, CA 9/25/96 8: 19am