HomeMy WebLinkAbout09/23/1998 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 23, 1998
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting ~ 7:00 p.m.
2O9
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson
(seated at 5:24 p.m.), DeMond, Smith,
McDermott, Sullivan, Salvaggio (seated at
5:26 p.m.)
Councilmember Rowles
ACTION TAKEN
2. WORKSHOP
a. City Internet Home Page.
Management Information Services Director Robert
Trammell provided an Internet demonstration of the
City's home page.
b. Fire Department Permit Consolidation Zone.
Assistant Fire Chief Kirk Blair provided a brief update
and introduced Director of Environmental Services
Ralph Huey who gave a computer presentation and
provided written material.
Motion by McDermott to add a Closed Session item that
arose after the agenda was posted and requires action
tonight.
Conference with Legal Counsel §54956.9(a) -
Existing Litigation; Caton vs. Bakersfield Police
Officer Steve London, et al.; United States District
Court, Eastern District of California Case No.
CV-F96-6108 AWl SMS
APPROVED
AB ROWLES
Motion by McDermott to recess to Closed Session at APPROVED
5:39 p.m. AB ROWLES
Bakersfield, California, September 23, 1998 - Page 2
CLOSED SESSION
Conference with Real Property Negotiator, pursuant
to Government Code {}54956.8 regarding land
acquisition of 1400 Q Street; Negotiating Parties:
Senior Real Property Agent Don Anderson, Herbert
Wolas of Lakeshore Pines Development, and David
Croll of American Home Industries Corporation.
Under Negotiation: Price and terms of payment.
Conference with Legal Counsel - Existing Litigation.
Closed session pursuant to Government Code
§54956.9(a), Castle & Cooke Commercial-CA, Inc.,
et. al. vs. Caprock Five, LLC, et. al.; Kern County
Superior Court Case No. 236937-RA
Conference with Legal Counsel - Existing Litigation.
Closed session pursuant to Government Code
§54956.9, Palm/Olive Concerned Citizens vs. City of
Bakersfield, Kern County Superior Court Case No.
236109
Conference with Legal Counsel §54956.9(a)
Existing Litigation; Caton vs. Bakersfield Police
Officer Steve London, et al.; United States District
Court, Eastern District of California Case No.
CV-F96-6108 AWl SMS
Motion by Salvaggio to adjourn from Closed Session at
6:48 p.m.
ACTION TAKEN
DIRECTION GIVEN
TO STAFF
RECEIVED UPDATE
DIRECTION GIVEN
TO STAFF
DIRECTION GIVEN
TO STAFF
APPROVED
AB ROWLES
REGULAR MEETING
INVOCATION by Bishop Dan Swainston of The Church of
Jesus Christ of Latter-Day Saints
PLEDGE OF ALLEGIANCE by Don Sachs, Southwest Babe
Ruth 16-Year Old Team.
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles,
Carson, DeMond, Smith, McDermott,
Sullivan, Salvaggio
None
Bakersfield, California, September 23, 1998 - Page 3
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected
on Page 2.
ACTION TAKEN
PRESENTATIONS
Mayor Price presented a proclamation to L. J. Corby,
Publisher of Kern County Family Magazine,
proclaiming September 26, 1998, as Family Health &
Fitness Day USA."
Mayor Price presented a proclamation to Dave Hillis
proclaiming September 23, 1998, as "Southwest
Babe Ruth 16-Year Old All Star Team Day'" and
presented certificates to team members.
City Manager Alan Tandy recognized Assistant City
Manager Dolores Teubner and announced that this
is her last meeting, she will be leaving the City
October 2, 1998.
PUBLIC STATEMENTS
Arthur D. Doland spoke regarding the Centennial
Hero's recognition and suggested that this be an
annual project.
Barbara Fowter spoke regarding annexations and
requested staff research the problem of resider, ts not
receiving notices mailed by the City.
c. Becky Kaiser spoke regarding proper City planning.
Mayor Price requested staff find out the names of the
residents that claim they were not notified regarding the
Sphere of Influence and check it against the mailing list.
APPOINTMENTS
None.
Motion by Sullivan to add a Consent Calendar Item that
arose after the agenda was posted and requires action
tonight.
if. Resolution encouraging merchants to regulate the
manner of sale of tobacco products.
FAILED
NS ROWLES
MCDERMOTT
SAL VAGGIO
212
Bakersfield, California, September 23, 1998 - Page 4
CONSENTCALENDAR
Minutes:
a. September 9, 1998 Council Meeting.
Payments:
Payments from August 29, to September 11, 1998 in
the amount of $17,364,265.03; and Self Insurance
payments from August 29, to September 11, 1998 in
the amount of $146,763.23.
Resolutions:
Resolution of Intention No. 1176 declaring the City's
intention to order the vacation of F Street from the
north right of way line of 14th Street to the north right
of way line of the B.N.S.F. Railway. (Ward 2)
Resolution of Intention No. 1177 declaring the City's
intention to order the vacation of excess road right of
way along the south side of Panorama Drive and the
north side of Acacia Avenue, abutting Greenlawn
Cemetery. (Wards 2, 3)
Resolution of Intention No. 1178 declaring the City's
intention to add territory, Area 2-17, White, Wible
NW, to the Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 6)
Resolution of Application proposing proceedings for
annexation of territory by annexing to the City of
Bakersfield property identified as Annexation No.
400, located south of Rosedale Highway, east of the
Friant-Kern Canal. (Ward 4)
Resolution granting Claim Settlement Authority of the
City Attorney, not to exceed $25,000.
Resolution Determining that automated controls for
the ice refrigeration system in the Bakersfield
Centennial Garden Arena cannot by reasonably
obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with
bidding therefor, not to exceed $35,000. (Ward 2)
ACTION TAKEN
ROI 1176
ROI 1177
ROI 1178
ROWLES ABSTAINED
DUE TO CONFLICT
RES 119-98
RES 120-98
ROWLES ABSTAINED
DUE TO CONFLICT
RES 121-98
Bakersfield, California, September 23, 1998 - Page 5
CONSENT CALENDAR continued
Amendment No. I to Resolution No. 206-91
restricting parking on certain public streets for the
purpose of street sweeping.
Agreements:
j. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract
5844 Phase B, located north of Panama Lane
and east of Reliance Drive. (Ward 4)
Final Map and Improvement Agreement. s with
Castle & Cooke California, Inc., for Tract
5876 Phase D, located north of Ming Avenue
and west of Old River Road. (Ward 4)
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract
5876 Phase E, located north of Ming Avenue
and west of Old River Road.
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract
5876 Phase F, located north of Ming Avenue
and west of Old River Road. (Ward 4)
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract
5876 Phase G, located north of Ming Avenue
and west of Old River Road. (Ward 4)
Agreement with HTE, Inc. for service support of
licensed software.
Purchase Agreement with Rayburn S. Dezember and
Joan L. Dezember, Trustees of the Rayburn S.
Dezember and Joan L. Dezember Trust of 1977-
J.L.D. to acquire real property located at 701 16th
Street for $184,000. (Ward 2)
Easement and Operations Agreement with County of
Kern for the new northeast Bakersfield Water
Diversion Facility. (Ward 3)
ACTION TAKEN
RES 2o6.91(1)
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 98-216
AGR 98-217
AGR 98-218
AGR 98-219
AGR 98-220
AGR 98-221
AGR 98-222
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 98-223
DEED 4950
AGR 98-224
DEED 4951
214
Bakersfield, California, September 23, 1998 - Page 6
CONSENT CALENDAR continued
Reimbursement Agreement with Kamies Elhouty for
left turn bay on White Lane, west of Wible Road.
(Ward 6)
Amendment No. 2 to Agreement No. 97-234 with
Daley & Heft for legal services in the matter of City of
Bakersfield vs Kenko, et al. and appropriate $70,000
fund balance to the City Attorney's Operating Budget
within the Sewer Enterprise Fund.
Amendment No. 2 to Agreement 95-284 with CMG
Consulting, Inc. for the City's Flexible Spending
Account plan (IRS Section 125).
Bids:
Award Annual Contract to Granite Construction, not
to exceed $1,024,721, for street materials to repair
City Street surfaces.
Award Contract to Granite Construction Company,
$53,633, for asphalt pad at South Mount Vernon
Avenue Recycling Center. (Ward 1)
Award Annual Contract to Upland Development,
Incorporated, not to exceed $75,000. for
Woodwaste/Greenwaste grinding and screening
service.
Accept bid from Jim Burke Ford, $107,727.42 for
17,000 GVW, additional, and 56,000 GVVV
replacement, cabs and chassis for Public Works.
Rescind Option #4, Item 5.1.A.4 relating to Fiber
Optics System from award to Digital Production
Resource, and award item to Burst Communications,
$16,838.25.
Rescind award to Pacific Rim Capital, Incorporated,
$30,840~81, for 20 computers and 13 monitors.
w. Reject all bids for Computers #2.
Accept bids from Socrates Computer Systems and
New Technologies to purchase IBM Personal
Computers (not to exceed $100,000).
ACTION TAKEN
AGR 98-225
AGR 97.234(2)
AGR 95-284(2)
CON 98-226
CON 98-227
CON 98-228
y. Accept bid from Jim Burke Ford, $16,027.18, for one
four-door sedan for Code Enforcement (additional).
Bakersfield, California, September 23, 1998 - Page 7
CONSENT CALENDAR continued
Miscellaneous:
Appropriate $101,015 State Grant Revenue for the
Waste Tire Enforcement Grant Program and for the
Local Government Waste Tire Cleanup Matching
Grant Program to the Development Services
Operating Budget in the General Fund.
aa.
City positions on League of California Cities
Resolutions.
bb.
Grant Deeds from and to Coleman Homes, Inc. to
correct legal description. (Ward 6)
CC.
Extension of Deadline to consider terms of CSA71,
Sewer Service Agreement.
dd.
Clean-up legislation - Ordinance amending Chapter
9.24 of the Bakersfield Municipal Code relating to
amplified sound.
ee.
Ordinance amending Sections 17.60.020, 17.60.050,
17.60.060 and 17.60.070 of Title 17 of the
Bakersfield Municipal Code relating to signs.
Rowles announced abstention on Consent Calendar Items
h. due to employer participation; Item j. 1.-5. due to source
of income to employer; Items f. and I. due to potential
participation in process.
Motion by Rowles to adopt Consent Calendar Items a.
through ee., with corrections to Item x.
ACTION TAKEN
DEED 4952
DEED 4953
REFERRED TO
LEGISLATIVE AND
LITIGATION
COMMITTEE
REFERRED TO URBAN
DEVELOPMENT
COMMITTEE
APPROVED
HEARINGS
Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessments of
certain properties in the City of Bakersfield for which
structures have been secured against entry or for the
abatement of certain weeds, debris and wastematter
(Wards 1,2,3, 4,6,7)
Development Services Jack Hardisty provided an
update and removed Nos. 9 and 24 from the list.
RES 122-98
Hearing opened at 7:35 p.m.
216
Bakersfield, California, September 23, 1998 - Page 8
HEARINGS continued
No one spoke at hearing.
Hearing closed at 7:35 p.m.
Motion by Carson to adopt the resolution with the
removal of Nos. 9 and 24.
b. General Plan Amendment P98-0584:(Ward 2)
The City of Bakersfield requests to amend the
Metropolitan Bakersfield 2010 General Plan
Circulation Element to delete the collector
designation for F Street, between California
Avenue and the Burlington Northern Santa Fe
Railroad.
Hearing opened at 7:38 p.m.
Barbara Fowler spoke in opposition of staff
recommendation.
Hearing closed at 7:40 p.m.
Motion by DeMond to adopt the resolution.
Appeal by Wal-Mart of the Board of Zoning
Adjustment's decision to deny a conditional use
permit to allow 7,680 square feet of portable metal
storage containers (24 containers) where only 400
square feet are permitted by right in a Regional
Commercial zone district. These containers are
proposed to be used for a temporary period from
September 1st through January 3~ of each calendar
year (125 days). The property is located at 2300
White Lane. CUP No. P98-0514. (Ward 7)
Development Services Director Jack Hardisty
provided a brief update.
Hearing opened at 7:45 p.m.
Ron Hudson, Wal-Mart Manager, spoke in opposition
of staff recommendation.
Hearing closed at 7:48 p.m.
ACTION TAKEN
APPROVED
RES 123-98
APPROVED
RES 124-98
Motion by Salvaggio to deny the appeal APPROVED
NS SULLIVAN
Bakersfield, California, September 23, 1998 - Page 9
217'
10.
REPORTS
None
ACTIONTAKEN
11.
DEFERRED BUSINESS
Ordinance amending Sections 3.20.060 Subsection
D, Section 3.20.100 Subsection C and Section
3.20.105 Subsections A, B, C and D of the
Bakersfield Municipal Code relating to Contract
Procedures. (First reading 9/9/98)
Clean-up Legislation - Three ordinances amending
the Bakersfield Municipal Code. (First reading 9/9/98)
Ordinance amending Chapter 5.28 relating to
House Number Curb Painting.
Ordinance amending Chapter 5.58 relating to
Seismic Survey Activities.
Ordinance amending Chapter 10.76 relating
to Paredes.
Motion by Rowles to adopt Deferred Business
Items a, and b.
ORD 3863
ORD 3864
ORD 3866
ORD 3866
APPROVED
12.
NEW BUSINESS
Rowles announced conflict of interest on Item 12.a., due to
source of income to employer.
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map 102-20 by changing
the zoning of 21.71 acres, located northeast of
Coffee Road and Granite Fall Drive from a Regional
Commercial zone to a Planned Commercial
Development zone for a 74,000 square foot
commercial shopping center (ZC No. P98-0462).
(Ward 4)
Development Services Director Jack Hardisty
provided a brief update.
Ordinance amending Chapter 17.57 of Title 17 of the
Bakersfield Municipal Code relating to metal storage
containers.
Development Services Director Jack Hardisty
provided a brief update.
ROWLES ABSTAINED
DUE TO CONFLICT
FR
FR
218
Bakersfield, California, September 23, 1998 - Page 10
12.
NEW BUSINESS continued
Ordinance amending Section 17.10.020 of Title 17 of
the Bakersfield Municipal Code adding to the list of
permitted uses, the use of ramps, platforms and
similar structures for skateboards, rollerblades,
rollerskates, bicycles, and motorcycles.
Development Services Director Jack Hardisty
provided a brief update.
ACTION TAKEN
FR
13.
COUNCIL STATEMENTS
McDermott thanked staff and Council for the cards, flowers
and support regarding the passing of his father.
McDermott provided a Centennial update:
Bricks are still continuing to sell.
· Final touches on the Plaza should be finished by the
grand opening of the Centennial Garden.
· October 11, 1998 - A Birthday Classic.
Smith wished Assistant City Manager Dolores Teubner good
luck and good fortune.
Smith requested Public Works contact Cal Trans and
encourage them to speed up the process for the
installation of a light at the intersection of Comanche
and Freeway 178.
Smith requested Public Works provide the City's view
regarding a letter from Addington Partnership who is
proposing construction at the Mount Vernon entrance at
Bakersfield College.
Smith requested an update from staff regarding the
pavement on the closed lane at Panorama Drive and
River Boulevard. Public Works Director Rojas
responded.
Salvaggio thanked Assistant City Manager Dolores Teubner
and wished her good luck.
Salvaggio requested City Manager Tandy review an
issue regarding a home purchased through the City's
First Time Home Buyer Program in Ward 7; he will
provide specific information to staff.
Bakersfield, California, September 23, 1998 - Page 11
219
13.
COUNCIL STATEMENTS continued
Salvaggio requested staff review the issue of
resurfacing the following streets in the Spring: McKee
Road be~veen Freeway 99 and Wible Road, and Chester
W. Nimitz,
Salvaggio requested the Police Department review the
issue of illegal parking and traffic in the afternoon at
Palla School, on Monitor Street, north of Fairview Road;
and requested staff communicate with the Principal.
Carson congratulated the Police Department on their
investigative efforts that led to the arrest of an individual they
believe was selling guns to gang members; and their effort
to take guns off the streets of Bakersfield to make our
community safer.
Carson requested staff prepare a resolution for
Council's review and adoption regarding a "No
Tolerance of Crime and Violence in Our Community,"
and also send a message of support and appreciation
to the Police Officers who are more aggressive in the
suppression of gang violence.
Sullivan requested staff review the issue of landscaping
the medians on White Lane, east of Gosford Road, for
inclusion in next year's budget.
DeMond echoed Smith's concerns regarding the needed
repairs on the roadway at Panorama Drive and River
Boulevard. and asked for the status of the 1998-99
discretionary budget regarding street resurfacing. Public
Works Director Rojas responded.
DeMond requested Community
Coordinator George Gonzales fax
addressed to Ms. Mendez.
Development
her the letter
DeMond requested staff review the issue of removal of
two mounds, one of asphalt slag and one of dirt, causing
problems with blowing dirt, at the southwest parking lot
of University and Haley Streets, at Bakersfield College.
Rowles thanked Public Works Street Maintenance stall Luis
Peralez and Mike Connors for responding to issues
regarding Garnsey Lane; the Traffic Division for continuing
to work with Quailwood residences regarding speed bumps;
Public Works Director Rojas for prompt assistance regarding
the street sweeping issue on Taylor Street.
ACTION TAKEN
Bakersfield, California, September 23, 1998- Page 12
13.
COUNCIL STATEMENTS continued
Rowles requested Public Works provide him with a copy
of the speed bumps policy so he could forward it to the
Park Stockdale Homeowners Association.
Rowles thanked Staff for working with the First
Congregational Church on their issues at Real Road and
Stockdale Highway and requested staff review the
conditions of approval on the building permit and
ensure the conditions the City is going to help them with
are noted.
Rowles expressed concerns regarding construction of a
skateboard facility at Beach Park. City Manager Tandy
responded and stated a report will follow.
Rowles requested Chief Matlock provide him with a
written response to the issue of bicycle thefts in the
Park Stockdale area so he can forward it to the
homeowners association.
Rowles requested staff investigate ways of addressing
funding for the burn dump closure, the use of
uncommitted funds generated from sales of homes on
Panorama and targeting theses funds to subsidize
closure and requested a written policy statement be
provided to Council for referral to a committee.
Rowles requested staff respond within the next two
weeks to a previous referral regarding safety employees
policy with regard to drug testing.
Carson referred to the Police Department the issue of a
parked car at 1217 El Toro.
Carson referred to the Public Works Department the
street conditions along Madison, between Casa Loma
and Planz Road; and weeds on the lot adjacent to the
church.
DeMond requested staff fax her a copy of the notice that
will be mailed tomorrow regarding the workshop on the
30~.
ACTION TAKEN
Bakersfield, California, September 23, 1998- Page 13
14. ADJOURNMENT
Motion by Rowles to adjourn at 8:48 p.m.
'JfvlAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of th~ouncil
of the City of Bakersfield, CA
ACTION TAKEN
221