Loading...
HomeMy WebLinkAbout09/27/1995 MINUTES CC0 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 27, 1995 WORKSHOP - 5:15 P.M 1 2 ROLL CALL Present: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott (seated at 5:23), Sullivan, Salvaggio (seated at 5:17) Absent: Councilmember Rowles METRO BAKERSFIELD MAJOR TRANSPORTATION INVESTMENT STUDY UPDATE. Mayor Price, Policy Advisory Committee, introduced Larry Wesemann, Barton Aschman Associates, Inc., who presented provided an update and distributed written material. ACTION TAKEN Motion by DeMond to recess to Closed Session APPROVED at 5:35 p.m. AB ROWLES CLOSED SESSION 1. Conference with Legal Counsel - Existing CITY ATTORNEY Litigation. Closed Session pursuant to SKOUSEN PROVID- Government Code Section 54956.9(x) in the ED UPDATE; NAT case of Dana Pankey vs. City of Bakersfield, et al., United States District Court, Eastern District, Court Case No. CV-F-94-6143-REC DLB. 2. Conference with Legal Counsel - Existing CITY ATTORNEY Litigation. Closed Session pursuant to SKOUSEN PROVID- Government Code Section 54956.9(a) in the ED UPDATE; NAT case of Southwest Community Action Committee and Jill Kleiss vs. City of Bakersfield, Kern Superior Court Case No. 229401-NFT. 3. Conference with Legal Counsel - Potential CITY ATTORNEY Litigation. Initiation of litigation pur- SKOUSEN PROVID- suant to Government Code Section 54956.9(c). ED UPDATE; NAT one potential case. Motion by DeMond to adjourn from Closed APPROVED Session at 6:30 p.m. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield Bakersfield, California, September 27, 1995 - Page 2 REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1 2 3. 4 5 INVOCATION by Councilmember Carson PLEDGE OF ALLEGIANCE by Dave Peterson, Troop 420 ROLL CALL ACTION TAKEN Present: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Sullivan, Salvaggio Absent: None CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on Page 1. PRESENTATIONS a. Mayor Price presented a proclamation to the Smokin' Armadillos, who presented a hat to Mayor Price. b. City Manager Tandy thanked Administrative Assistant II Andrea Britt, who is leaving employment with the City and moving to Nashville, for outstanding work; Mayor Price presented her with a key chain. C. Carson announced the Good Neighbor Festival commencing Friday, September 29, 1995 at 10:00 a.m. at Martin Luther King Park; and distributed t-shirts to Council. Motion by Carson to add New Business Item f. APPROVED that arose after the Agenda was posted and requires action this evening. f. Extension of Time for Casa Royale casino to operate under County Rules as a cardroom. G.) 6 7 8 Bakersfield, California, September 27, 1995 - Page 3 PUBLIC STATEMENTS ACTION TAKEN a. Eric James Graham spoke regarding the sales of various legalized products on City sidewalks (push cart vendors) and submitted written material. (Public Statements continued on Page 8) APPOINTMENTS CONSENT CALENDAR a. Payments from August 25 to September 14, 1995, in the amount of $15,508,513.70. b. Minutes of the Workshop, Closed Session and Regular Meeting of September 13, 1995. C. Resolution of Application proposing pro- RES 146-95 ceedings for detaching seven (7) City annexation territories from the Consoli- dated Districts of the Kern Sanitation Authority (Union Avenue Sanitation District and Alta Verde Sanitation District). (Wards 1 & 2) d. Resolution requesting the State of REMOVED FOR California designation of State Highway SEPARATE 65 from Lindsay to Bakersfield as "The CONSIDERATIOI, All-America City Highway". e. Resolution authorizing closure of Wall RES 147-95 Street between Chester Avenue and H Street to vehicular traffic during certain hours. f. Agreements with San Joaquin Valley Unified Air Pollution Control District for continued involvement with the City's Clean Air Vehicle Program: 1. Agreement to purchase four (4) AGR 95-245 compressed natural gas (CNG) refuse trucks. 2. Agreement to purchase two (2) AGR 95-246 compressed natural gas (CNG) powered street sweepers. b Bakersfield, California, September 27, 1995 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN g. Agreement with the Law Offices of Hanna, AGR 95-247 Brophy, MacLean, McAleer and Jensen for the provision of Legal Services, not to exceed $40,000, regarding matters relat- ed to Workers' Compensation concerning the City. h. Agreement with West Coast Land Services AGR 95-248 to lease mineral rights, located in southeast Bakersfield, for oil and gas exploration. (Ward 1) i. Retraction of Agreement No. 95-238 with AGR 95-249 Panama Ridgeview Properties, Inc. and DEED 4277 approval of Agreement with John M. DEED 4278 Antongiovanni, John Stanley Antongio- vanni, Kathleen E. Antongiovanni, Jane Andrea Uhalt, Gabrielle Louise Vanher- weg, Linda Rae McKenna, Judith Claire Walsh and Irene Frances Stevens to exchange real property, located south of Panama Lane and west of New Stine, to facilitate the construction of Fire Station No. 13. (Ward 6) j. Holding facility for the Bakersfield Police Department: 1. Agreement with BFGC Architects ROWLES Planners, Inc., to prepare a writ- ANNOUNCED ten feasibility study at a cost of ABSTENTION $4,500. CONFLICT AGR 95-250 2. Transfer $4,500 from Council Con- tingency to the Bakersfield Police Department Operating Budget within the General Fund. k. Accept bid to award Contract to Merzi CON 95-251 Painting and Construction ($128,000) for the painting of Rancheria Road Bridge at Kern River. (Ward 3) 1. Accept bid from Saba's Mens Wear ($105,315.21) for 300 pistols for the Police Department. in. Accept bid from Jim Burke Ford ($97,399.95) for a replacement water truck for Streets Division (Equipment Management Fund). FOR Bakersfield, California, September 27, 1995 - Page 5 CONSENT CALENDAR continued n. Accept bids from L.N. Curtis & Sons ($15,959.87), Halprin Supply Company ($4,345.68), Allstar Fire Equipment ($1,977.93) and Wajax-Pacific Fire Equipment ($1,431.04) for equipment for two fire pumpers totaling $23,714.52 (General Fund). o. Appropriate $80,000 fund balance to the Community Services Capital Improvement Budget within the Gas Tax Fund to relandscape island medians along White Lane between Pin Oak Boulevard and Old River Road. (Ward 4) p. Appropriate $138,000 fund balance to the Community Services Capital Improvement Budget within the Park Improvement Fund. (This amount includes total land acquis- ition costs associated with Akers/McKee park site and estimated escrow closing costs.) (Ward 6) q. Response to Grand Jury Report concerning Noise Abatement. Motion by DeMond to adopt Items (a) through (q) of the Consent Calendar, with the exception of item d.; abstention by Rowles on Item j. due to a potential future business impact. d. Resolution requesting the State of California designation of State Highway 65 from Lindsay to Bakersfield as "The All-America City Highway". Motion by Rowles to adopt Item d. of the Consent Calendar. 9. HEARINGS a. Hearing to consider a Resolution finding that certain weeds, debris and waste matter on certain properties constitute a public nuisance and directing the Building Director to abate such nuisance. (Ward 1: 22 properties; Ward 4: 9 properties) ACTION TAKEN APPROVED RES 148-95 APPROVED RES 149-95 Bakersfield, California, September 27, 1995 - Page 6 9. HEARINGS continued ACTION TAKEN a. Hearing opened at 7:20 p.m. No one spoke at hearing. Hearing closed at 7:20 p.m. Motion by Carson to adopt Resolution. APPROVED Development Services Director Hardisty advised the list of property owners will be corrected, as some are now in compliance. b. Hearing as required by Resolution of RES 150-95 Intention No. 1138 ordering the vacation of the excess road right-of-way for Stockdale Highway between old River Road and California State University, Bakers- field. (Ward 4) Hearing opened at 7:21 p.m. No one spoke at hearing. Hearing closed at 7:22 p.m. Motion by McDermott to adopt Resolution. APPROVED C. Protest hearing as required by RES 151-95 Resolution No. 130-95 to consider a resolution approving Final Engineer's Report, levying assessments, ordering improvements and authorizing and directing related actions for Assessment District No. 94-3, Silver Creek/Brimhall North/Seven Oaks/South Laurelglen. (Ward 4) Hearing opened at 7:22 p.m. No one spoke at hearing. Hearing closed at 7:22 p.m. Motion by McDermott to adopt Resolution. APPROVED 4+ 1, Bakersfield, California, September 27, 1995 - Page 7 9 HEARINGS continued ACTION TAKEN d. Appeal by Harold Robertson, Porter- Robertson Engineering, of Planning Commission Condition of Approval No. 2 for Tentative Tract Map 5433, located at the northwest corner of Berkshire and Akers Roads. (Ward 6) Correspondence was received from Harold W. Robertson, Porter Robertson Engineering, dated September 25, 1995, requesting a continuance of this hearing to October 11, 1995. Public Works Director Rojas provided background information. Hearing opened at 7:25 p.m. Harold Robertson, Porter-Robertson Engineering, requested continuance of the hearing to October 11, 1995. Motion by Sullivan to continue the APPROVED hearing to the Council Meeting of November 8, 1995. 10 REPORTS a. Personnel Committee Report No. 1-95 regarding Retiree Medical Insurance. DeMond advised this report is a staff report, not a Personnel Committee report; Council concurred. Assistant City Manager Stinson provided background information. Mayor Price and Carson announced conflicts of interest and left Chambers; Mayor Price yielded the Chair to Vice Mayor DeMond. Motion by Rowles to conclude NAT negotiations by December 31, 1995. Amended motion by Rowles to accept APPROVED Report with a conclusive report coming AB CARSON back the first meeting of January 1996. PRICE t~. Bakersfield, California, September 27, 1995 - Page 8 11. DEFERRED BUSINESS ACTION TAKEN a. Ordinance amending Section 13.08.060 of ORD 3674 the Bakersfield Municipal Code relating to notice to buyers of special assess- ment district liens. (First Reading 9/13/95) 6. PUBLIC STATEMENTS continued b. Glenda Anson, President, Bakersfield Association of Realtors, spoke in support of the proposed Ordinance. (Public Statement continued on Page 9) 11. DEFERRED BUSINESS continued a. Motion by McDermott to adopt Ordinance. APPROVED 12. NEW BUSINESS a. Ordinance repealing Chapter 1.12 of the FR Bakersfield Municipal Code and adding a new Chapter 1.12 pertaining to the realignment of ward boundaries and making findings for their establishment and reapportionment of population. Development Services Director Hardisty provided background information. Rowles advised he is working on alternatives to address ward redistricting. b. Ordinance adding Madison No. 1 Annex- ation to Ward 1, located east of Madison FR Street, 630 feet north of Watts Drive. (Ward 1) c. Resolution requesting the Kern County Local Agency Formation Commission RES 152-95 approve a revision of the City°s Sphere of Influence and find that such request can be considered and studied as part of the periodic review. Bakersfield, California, September 27, 1995 - Page 9 12. NEW BUSINESS continued ACTION TAKEN C. Correspondence was received in opposition to the proposed Sphere of Influence amendment from: Ted James, AICP, Director, Kern County Planning Department, dated September 18, 1995; James M. Manley, President, JLM & Associates, Inc., dated September 14, 1995; and Robert E. Ransom, Vice President, McFarland Energy, Inc., dated September 20, 1995. Development Services Director Hardisty provided background information. Motion by McDermott to adopt Resolution. APPROVED d. Appointment of voting delegate and alternate for League of California Cities Annual Conference scheduled October 22 - 24, 1995 in San Francisco. Motion by DeMond to designate Jacquie APPROVED Sullivan as the delegate. Mayor Price announced a recess at 7:55 p.m. and reconvened the meeting at 8:05 p.m. f. Extension of Time for Casa Royale Casino to operate under County rules as a cardroom. Motion by Carson to move Item f. forward APPROVED on the Agenda. 6. PUBLIC STATEMENTS continued c. Glenda Smith, Casa Royale Casino, spoke. (Public Statements continued on Page 10) 12. NEW BUSINESS continued f. City Manager Tandy clarified information given to Council. 12 Bakersfield, California, September 27, 1995 - Page 10 NEW BUSINESS continued f. Motion by Carson to give a 90-day extension with no further continuance at the end of 90 days. e. Stadium/Sports Complex. Correspondence was received from: Leon Lim, dated September 25, 1995, providing a copy of a Wall Street Journal article; George W. Nickel, Jr. with comments and recommendations to obtain land for construction of a stadium; and Chris Frank, Executive Vice President, Greater Bakersfield Chamber of Commerce, dated September 27, 1995, proposing the decision of a multi-use sports complex be made through the public voting process. 6. 12 PUBLIC STATEMENTS continued d. The following individuals spoke: Jack Patton, President, Bakersfield Blaze Baseball Club; Sharon Hooper, representing George W. Nickel, Jr.; Bruce Keith; Larry Powell; and Graham Kaye-Eddie and submitted written material. NEW BUSINESS continued e. City Manager Tandy provided brief background information. Smith recognized Jack Patton to speak. Motion by McDermott to refer to Urban Development Committee two sites (Downtown site, linked with the Convention Center, and Southwest site) and bring back recommendations by the meeting of November 8, 1995. ACTION TAKEN APPROVED NS MCDERMOT:I' ROWLES SALVAGGIO NAT Bakersfield, California, September 27, 1995 - Page 11 12. NEW BUSINESS continued ACTION TAKEN e. Amended motion by McDermott to refer to APPROVED Urban Development committee two sites NS DEMOND (Downtown site, linked with the SMITH Convention Center, and Southwest site); provide more information on the Mesa Marin site; and bring back recommendations by the meeting of November 8, 1995. 13. COUNCIL STATEMENTS McDermott referred to staff Quailwood fire access and requested a written report; Development Services Director responded. DeMond requested curb cuts for buses on major roads. DeMond requested Community services manager Andersen look into adding hotel events to the Convention Center Calendar. Carson requested Budget & Finance Committee respond to Public Statement speaker, Eric James Graham regarding street vendors. Salvaggio requested Public Works look into setting the timing on the light on Wilson Road to aid Plaza Tower senior citizens in crossing the street to the bus stop; and discuss with Golden Empire Transit the possibility of moving the bus stop. Rowles announced the League of California Cities resolutions will be summarized and brought before Council for adoption. Rowles requested Public Works provide him with detailed information on placing a 4-way stop at Marella and Mira Loma. Rowles mentioned the meeting on the closure alternative at Elm and 24th Streets and requested a summary to include in a mailout. 4p } Bakersfield, California, September 27, 1995 - Page 12 13. COUNCIL STATEMENTS continued Rowles requested correspondence he will receive from David James, Bakersfield Rugby Group, be referred to Community Services in naming the soccer/rugby field in dedication to Ray Trichell. Rowles announced the cancellation of the October 3rd meeting. Budget & Finance Committee had already issued a policy statement. Rowles requested the Police Department and City Attorney provide him with the require- ments of ice cream trucks, ie. motor vehicle laws, signage. McDermott requested staff provide a status report on the strike preventing road/median construction. Mayor referred to staff correspondence from Ronald E. Brummett, Executive Director, Kern Council of Governments, dated September 21, 1995, requesting the City join them in a resolution setting forth guidelines for the KC Grand Jury, to be brought back to Council or sent to committee. DeMond requested staff report back on the 17th Street closure. 14. ADJOURNMENT ACTION TAKEN APPROVED Motion by DeMond to adjourn at 10:00 P.M. i ATTEST: MAY t e ty of Bakersfield, CA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA SEP27.MIN 10/18/95 2:05pm