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