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HomeMy WebLinkAbout07/19/1995 MINUTES CCA F BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 199 1995 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAR1iN Present: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott (seated at 5:20), Rowles, Salvaggio Absent: Councilmember Chow 2. BRIEFING ON THE HELLMUTH-OBATA KASSABAUM, DELETED INC. (HOR) STUDY REGARDING THE SPORTS STADIUM. 3. REVIEW OF BUILDING/HOUSING CODES. Development Services Director Hardisty introduced Building Department staff, provided a slide presentation, distributed written material, entitled "Code Enforce- ment", and reviewed the various codes with regard to New Business Items 12. b. & c. Deputy City Attorney Hernandez provided a review of the code enforcement procedures and the revised process for abatement of public nuisances. DeMond requested time lines be established in the abatement process. Rowles requested Council be informed of the the process of nuisance abatement and costs to provide this service versus what is collected. Salvaggio requested City Manager Tandy pro- vide Council with information regarding the HOR Study regarding the sports stadium. 4. WARD POPULATIONS. Development Services Director Hardisty pro- vided a review of ward populations, request- ed Council participate in ward reapportionment. Bakersfield, California, July 19, 1995 - Page 2 WORKSHOP continued ACTION TAKEN 4. Carson requested a copy of guidelines or policies for determining ward boundaries/ reapportionment that are currently in place and what may be changing in the future. Motion by DeMond to recess to Closed Session at 6:02 p.m. CLOSED SESSION 1. Conference With Legal Counsel, Potential Litigation, regarding significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9. one potential case. Motion by DeMond to adjourn from Closed Session at 6:55 p.m. APPROVED AB CHOW UPDATE RECEIVED APPROVED AB CHOW REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Randy Rankin, Director, First Assembly of God Church. 2. PLEDGE OF ALLEGIANCE 3. OATH OF OFFICE a. Newly-elected Ward 6 Councilmember, Jacquie Sullivan, was sworn in by Assistant City Clerk McCarthy. 3a. ROLL CALL ACTION TAKEN[ Present: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Sullivan, Salvaggio Absent: None 4. CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on this page. Bakersfield, California, July 19, 1995 - Page 3 5. PRESENTATIONS ACTION TAKEN a. Mayor Price presented a proclamation to John Hopper proclaiming August 6 - 13, 1995 as "California Purple Heart Veterans' Week". 6. PUBLIC STATEMENTS a. The following individuals spoke regard- ing Native American name designations to specific areas and sites on the Kern River Parkway: Robert Gomez, Jr., Native American Heritage Preservation Council, and provided a written proposal and peti- tions; Gerrit Fenenga; Alan Salazar; and Leonard Manuel, Jr. Salvaggio requested Council support of this issue with a referral to the Community Services Committee for study and recommendation back to the Council. b. The following individuals spoke regard- ing the Convention Center HVAC project (Item 8.i): Ken Few, Trico Mechanical, Inc.; Jeff Wagner, Honeywell, Inc.; Frank Cantelmi, Mechanical Engineer; Fred Porter, Por- ter-Robertson Engineering; and John Lencioni, Columbo Construction. 7. APPOINTMENTS 8. CONSENT CALENDAR a. Payments from June 16, 1995 to July 6, 1995, in the amount of $6,362.05 and Self Insurance payments from June 16, 1995 to July 6, 1995 in the amount of $145,551.77. b. Minutes of the Workshop, Closed Session and Regular Meeting of June 28, 1995. C. Correspondence has been received from Phillip L. Gaskill, dated July 10, 1995, submitting his resignation from the Central District Development Agency. (Receive and place on file) 8. Bakersfield, California, July 19, 1995 - Page 4 CONSENT CALENDAR continued ACTION TAKEN d. Resolution authorizing the City Manager RES 117-95 or designee to file an application for Disaster Damage Financial Assistance for the City of Bakersfield for damage caused by the winter storms which occurred during January through March 1995. (Wards 1, 3 & 4) e. Resolution determining that design and RES 118-95 installation of a landfill gas manage- ment system at the Bakersfield Landfill cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding, not to exceed $800,000; and appropriation of funds. Amendment No. 1 to Agreement No. AGR 95-183 95-134 with Kleinfelder Company, Inc., to design and install a landfill gas management system at the Bakersfield Landfill. Appropriate $500,000 Self-Insur- ance Fund Balance to the Public Works Capital Improvement Budget in the Refuse Fund for construc- tion of a landfill gas management system. f. Resolution determining that the operat- RES 119-95 ing software for the Mobile Data Termi- AGR 95-184 nal System can be reasonably obtained from one vendor, Tiburon Inc., and authorizing the Finance Director to dispense with bidding; and approval of Agreement to purchase Mobile Data Terminal operating software. g. Resolution adopting the 1995-2014 RES 120-95 Regional Transportation Improvement Plan. (Staff recommends adoption of Resolu- tion and referral of the Revised Impact Fee Program to the Intergovernmental Relations Committee) Bakersfield, California, July 19, 1995 - Page 5 CONSENT CALENDAR continued ACTION TAKEN h. Resolution approving a Memorandum of RES 121-95 Understanding for the employees of the Association of Bakersfield Police Officers for salaries and related benefits, and adopting salary schedule. 8 (Staff recommends adoption of Resolu- tion; and transfer of $392,863 from Council Contingency to the Police Department Budget in the General Fund) i. Convention Center Heating, Ventilation DELETED and Air Conditioning (HVAC) Project (Ward 2): 1. Resolution determining that the design/building services for the HVAC System at the Convention Center cannot be reasonably obtain- ed through the usual bidding pro- cedures and authorizing the Finance Director to dispense with bidding. 2. Consultant's Agreement with Honey- well, Inc. for design/build services for the HVAC System at the Conven- tion Center. (Ward 2) j. Agreement with Godwins Booke and Dick- REMOVED FOR enson for Health Care Consultant SEPARATE services. CONSIDERATION (Staff recommends referral to Personnel Committee) k. Amendments to Improvement and Landscape Improvement Agreement Nos. 93-172, 93-173, 94-139 and 93-140 with Centex Real Estate Corporation to extend time for completion of improvements. (Ward 4) 1. Amendment No. 1 to Consultant Agreement No. 94-185 with Renfro & Associates for design of addition to Bakersfield Police Station. (Ward 2) AGR 95-185 AGR 95-186 AGR 95-187 AGR 95-188 REMOVED FOR SEPARATE CONSIDERATION M. Amendment No. 2 to Lease Agreement No. REMOVED FOR 91-151 with the Bakersfield Art Founda- SEPARATE tion, Inc. to extend the lease for one CONSIDERATION year. Bakersfield, California, July 19, 1995 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN n. Amendment No. 4 to Agreement No. 91-113 AGR 95-189 with Bakersfield SPCA for animal control services. o. Amendment No. 1 to Agreement No. 95-44 AGR 95-190 with Gilliam & Sons, Inc. for Woodwaste/ Greenwaste Grinding Service; and approp- riate $120,000 Fund Balance to the Pub- lic Works Operating Budget within the Refuse Fund. P. Accept bid to award Contract to Gilliam CON 95-191 & Sons ($340,334.27) for Hughes/Pacheco Sewers. (Ward 7) q. Accept bid to award Contract to Griffith CON 95-192 Company ($131,831) for traffic signal installation on East Brundage Lane at Oswell Street. (Ward 1) r. Accept bid to award Contract to A.C. CON 95-193 Electric Company ($97,000) for traffic signal installation on Calloway Drive at Meacham Road. (Ward 4) S. Accept bid to award Contract to Griffith REMOVED FOR Company ($305,000) for construction of SEPARATE Median Surface Reconstruction on Union CONSIDERATION Avenue from Bernard Street to Columbus Street; and on Mount Vernon Avenue from University Avenue to Panorama Drive. (Wards 2 & 3) t. Accept bid to award Contract to Valley CON 95-194 Industrial Services for uniform rental and laundry service for a three (3) year period (approximately $88,000 per year). U. Reject all bids for turnout coats and pants for the Fire Department. Motion by DeMond to adopt Items (a) APPROVED through (u) of the Consent Calendar, with the exception of items j., 1., m. and s. and the deletion of Item i. Bakersfield, California, July 19, 1995 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN j. Agreement with Godwins Booke and Dick- enson for Health Care Consultant services. (Staff recommends referral to Personnel Committee) Rowles requested staff provide a report regarding retiree insurance issues. Motion by Carson to refer to Personnel APPROVED Committee. NS ROWLES ABS MCDERMOTP 1. Amendment No. 1 to Consultant Agreement No. 94-185 with Renfro & Associates for design of addition to Bakersfield Police Station. (Ward 2) Motion by McDermott to refer Item 1. APPROVED back to staff to discuss performance with the contractor. M. Amendment No. 2 to Lease Agreement No. AGR 95-195 91-151 with the Bakersfield Art Founda- tion, Inc. to extend the lease for one year. Motion by Salvaggio to adopt Item m. of APPROVED the Consent Calendar NS MCDERMOTT' DeMond requested the Art Foundation be notified that renegotiations will take place next year. S. Accept bid to award Contract to Griffith CON 95-196 Company ($305,000) for construction of Median Surface Reconstruction on Union Avenue from Bernard Street to Columbus Street; and on Mount Vernon Avenue from University Avenue to Panorama Drive. (Wards 2 & 3) Motion by Smith to adopt Item s. of APPROVED the Consent Calendar. Bakersfield, California, July 19, 1995 - Page 8 9. HEARINGS ACTION TAKEN a. Appeal by Telstar Engineering of the RES 122-95 Planning Commission Conditions of Approval for Parcel Map 10188, located south of McKee Road between Akers Road and Wible Road. (Ward 6) Correspondence was received from Carl R. Moreland, Telstar Engineering, dated July 18, 1995, requesting this hearing be postponed to August 9, 1995. Hearing opened at 7:50 p.m. Carl Moreland, Telstar Engineering, spoke in support, withdrawing the request to continue this hearing, requesting staff recommendation be approved, with an amendment to Chapter 16.28.190 of the Bakersfield Municipal Code regarding Approved Access. Hearing closed at 7:52 p.m. Motion by McDermott to adopt the Resol- APPROVED ution, overturning the decision of the Planning Commission and modifying Condi- tion Nos. 1.1 - 1.4 to allow deferral of these requirements until issuance of a building permit, and upholding the decision of the Planning Commission regarding Condition Nos. 2.1 - 2.3; and refer an amendment to Chapter 16.28.190 of the Bakersfield Municipal Code to staff and Urban Development. b. Appeal by Jill Kleiss of the Planning commission decision approving ordinance amendments regarding "small lot" sub- divisions in Limited Multiple Family Dwelling Zones: 1. Ordinance amending Chapter 17.14 FR of the Bakersfield Municipal Code relating minimum lot sizes for one family dwellings and setback requirements in Limited Multiple Family Dwelling Zones. Bakersfield, California, July 19, 1995 - Page 9 9. HEARINGS continued ACTION TAKEN b. 2. Ordinance amending Section FR 16.28.170 of the Bakersfield Municipal Code relating to lot sizes for one family dwellings in Limited Multiple Family Dwelling Zones and reduction in minimum lot size requirements in subdivisions. The following have been received in opposition to reduction of lot size in R-2 zones: Correspondence from William H. Slocumb, dated July 11, 1995; and from Kenneth F. Hersh, Consulting Geologist and City of Bakersfield Planning Commissioner, dated July 19, 1995; and Petitions with approximately 1,150 Bakersfield resident signatures. Development Services Director Hardisty provided background information. Hearing opened at 7:59 p.m. The following individuals spoke in opposition to staff recommendation: Jill Kleiss, who submitted petitions; Mary Jo Eck; Jim Mosher; and Kate Rosenlieb, who submitted petitions. The following individuals spoke in support of staff recommendation: Roger McIntosh, President, Building Industry of Kern County; and Jeff Williams, builder/developer. The following individuals spoke in rebuttal (opposition) of staff recommendation: Kate Rosenlieb; Jill Kleiss; and Jim Mosher. Jeff Williams spoke in rebuttal (support) of staff recommendation. Hearing closed at 8:24 p.m. 9 Bakersfield, California, July 19, 1995 - Page 10 HEARINGS continued ACTION TAKEN b. McDermott requested a Joint Planning/ Urban Development Meeting be scheduled to discuss and clarify issues, such as: ■ Additional amenities below 6,000 square feet in R-2 ■ Minimum objective standard of amenities ■ The addition of additional amenities required for all multi-family zones ■ Do the additional amenities need to be provided at the site of the project or can they be provided as an in-lieu fee that we provide parks in the basic area? Motion by McDermott to refer to Urban APPROVED Development/Planning Commission Joint NS DEMOND Committee to discuss the issues and CARSON bring back recommendations as soon as SALVAGGIO possible. Mayor Price announced a recess at 9:00 p.m. and reconvened the meeting at 9:07 p.m. C. Hearing as required by Resolution of RES 123-95 Intention No. 1137 ordering the vacation of the 33 foot wide alley (17th Place) in Block 275 from H Street to Eye Street. (Ward 2) Mayor Price announced Sullivan wishes to correct her vote to reflect "Aye" on Consent Calendar Item m. Hearing opened at 9:10 p.m. No one spoke. Hearing closed at 9:11 p.m. Motion by DeMond to adopt Resolution. APPROVED AB MCDERMOTT v Bakersfield, California, July 19, 1995 - Page 11 9. HEARINGS continued ACTION TAKEN d. Hearing to consider the sale of sur- AGR 95-197 plus property located at 720 Lakeview DEED 4228 Avenue. Hearing opened at 9:12 p.m. No one spoke. Hearing closed at 9:12 p.m. Motion by Carson to approve, declaring APPROVED 720 Lakeview Avenue as surplus property NS SMITH and approving negotiated sale with MCDERMOTT Ceceile Alade and Gladys Buckner. ROWLES 10. REPORTS 11. DEFERRED BUSINESS a. Ordinance amending Title 17 of the ORD 3655 Bakersfield Municipal Code and Zoning Map No. 123-18 by changing the zoning of 18.57 acres generally located south of white Lane, west of Saddle Drive and east of Mountain Vista Drive from Agriculture to One Family Dwelling. (ZC 5622) (Ward 4) (First Reading 6/26/95) Motion by McDermott to adopt Ordinance. APPROVED NS ROWLES b. ordinance amending the text of Chapters ORD 3656 17.52 and 17.54 of Title 17 of the Bakersfield Municipal Code relating to the Planned Unit Development (P.U.D.) Zone and the Planned Commercial Develop- ment (P.C.D.) Zone, respectively. (First Reading 6/28/95) Motion by Salvaggio to adopt Ordinance. APPROVED 12. NEW BUSINESS a. Ordinance amending Section 16.32.060, FR Subsection D. of the Bakersfield Muni- cipal Code relating to planned drainage areas. 12 13 Bakersfield, California, July 19, 1995 - Page 12 NEW BUSINESS continued b. Ordinance amending chapter 8.80 of the Bakersfield Municipal Code relating to abatement of public nuisances. C. Ordinances amending Chapters 15.04, 15.12, 15.16, 15.201 15.24, 15.28 and 15.32 of the Bakersfield Municipal Code relating to Uniform Building and Con- struction Code. d. Resolution providing for the collection of refuse charges by the Kern County Tax Collector. Motion by DeMond to adopt Resolution. e. Agreement with Holiday R.V. Super Stores West, Inc. for Direct Economic Develop- ment Assistance. Motion by Salvaggio to approve Agreement. COUNCIL STATEMENTS Salvaggio requested correspondence from Ralph J. Vanderberg, dated July 4, 1995, regarding the condition of Planz Park, be distributed to Community Services Manager Andersen and Parks Superintendent Fabbri. Salvaggio requested correspondence from Phyllis Hawkins, regarding the City allow- ing large businesses to be built behind private residential properties concerning lighting and noise, be referred to the Planning Department. Smith referred to staff complaints regard- ing late-night noise at the raceway located below the bluffs. City Manager Tandy advised that complaints would be handled by Police Sergeant Henry. ACTION TAKEN FR FR RES 124-95 APPROVED NS CARSON AGR 95-198 APPROVED Carson referred to staff the traffic/acci- dent problem at the intersection of L Street and California Avenue. w ~ V Bakersfield, California, July 19, 1995 - Page 13 13. COUNCIL STATEMENTS continued Carson referred to staff speeding problems on Oleander between California Avenue and Brundage. Rowles referred to staff a pothole at Daggett Avenue and Rio Bravo Drive. Rowles requested a date of completion on the Truxtun Extension and Mohawk signal for ped- estrian crossing to the Bike Path. Rowles referred to staff and the Personnel Committee the Bakersfield Memorial Hospital/ Mercy Hospital merger and how it will effect health care costs; and the evaluation of a purchasing consortion with the County, et. al., to address issues. DeMond requested Development Service: Director Hardisty provide A status report on the park- ing on K Street. DeMond requested Public Works Director Rojas provide a status report on 17th Street. DeMond thanked the Police Chief Brummer for the good work being done in East Bakersfield. 14. ADJOURNMENT ACTION TAKEN Motion by DeMond to adjourn at 9:31 p.m. APPROVED MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA JULY19.NiN 8/ 8/95 8:12as