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Home My WebLink About06/11/1997 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE '1'1, 1997 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Rowles, Carson, DeMond, Smith (seated at 5:30), Sullivan, Salvaggio Councilmember McDermott ACTION TAKEN WORKSHOP Motion by Rowles to recess to Closed Session at 5:21 p.m. CLOSED SESSION Conference with Legal Counsel (9 54956.9(a)) Existing Litigation. Greater Bakersfield Separation of Grade District vs. P.G.& E., Kern County Superior Court Case No. 230890-SPC Conference with Legal Counsel (9 54956.9(a)) Existing Litigation. City of Bakersfield vs. Guardsmen Storage Associates, Kern County Superior Court Case No. 233584-SPC Conference with Legal Counsel (9 54956.9(a)) Existing L'~Jgation. City of Bakersfield vs. Kenko, Inc. et al., Kern County Superior Court Case No. 233556-SPC Conference with Legal Counsel (9 54956.9(a)) Existing Litigation. Southwest Community Action Committee, et al. vs. C~ of Bakersfield, et al., Kern County Superior Court Case No. 233654-NFT Negotiations with Property Manager (9 54956.8 & 54956.9(a)) Pending Litigation. City of Bakersfield vs. Fred Jones (Kern River Parkway and Yokuts Park property acquisition), A PPR 0 VED AB SMITH MCDERMOTT CITY ATTORNEY RECEIVED INSTRUCTION AGR 97-150 AGR 97-151 AGR g7-151(1) DELETED CITY A TTORNEY RECEIVED INSTRUCTION CITY ATTORNEY RECEIVED INSTRUCTION CITY ATTORNEY RECEIVED INSTRUCTION Motion by Rowles to adjourn from Closed Session at 6:52 p.m. APPROVED AB MCDERMOTT Bakersfield, California, June 11, 1997- Page 2 REGULAR MEETING INVOCATION by Dave Woodruff, Deacon, First Assembly of God Church PLEDGE OF ALLEGIANCE by Sandra McCain ROLL CALL Present: Mayor Price, Councilmembers Rowles, DeMond, Smith, Sullivan, Salvaggio Absent: Councilmember McDermott Carson, ACTION TAKEN CLOSED SESSION ACTION Mayor Prfce announced Closed Session Action as reflected on Page 1. PRESENTATIONS Mayor Price presented a retirement plaque to Community Services Manager Leland J. Andersen for over 23 years of service to the City of Bakersfield. Mayor Price presented a letter of commendation to Battalion Chief David Lugo for providing emergency medical aid. PUBLIC STATEMENTS Wesley Crawford, Vice-President, Southeast Neighborhood Organization requested the following issues be referred to committee: Street name change from Lakeview to Rosa Parks Boulevard be referred to committee; and City waive all fees to permits, etc. for the First Annual Lakeview Festival on July 4, 1997. Cerson referred the issue of waiving fees to the Legislative end Litigetion Committee. Rowles requested Mr. Crawford be supplied with City policy information regerding street name changes to Mr. Crawford. B. Hawey Ginn requested lhe stalus of the blockade at Camp and McCleary Streets. Bakersfield, California, June 11, 1997 - Page 3 ~-" '~ APPOINTMENTS A. One appointment to the Central Distdct Development Agency. Motion by Rowles to appoint Manuel Arriola, fulfilling the unexpired term of Evelyn Jenkins, term expiring April 22, 1999. ACTION TAKEN A PPR 0 VED AB MCDERMOTT CONSENT CALENDAR A. Minutes of May 19, May 21 and June 2, 1997. Payments from May 10, 1997 to May 30, 1997 in the amount of $5,617.751.87; and Self Insurance payments from May 10 to May 30, 1997 in the amount of $93,902.66. C. Tract Maps and Improvement Agreements: D. Bid items: Award bid to Harley Murray, Inc., $55,426.80, for a replacement 16-fire lowbed trailer. Award contract to Lutrel Sen/ices, Inc., $90,350, for ramoval of underground fuel tanks at Fire Station Nos. 3, 6 and 9; and install above ground fuel tanks at Fire Station Nos. 6, 9 and 13. Wards 1,4, 5, 6 Award contract to Brown and Fowler Construction, $144,529, for construction of river canal 16" domestic water main for Water Resources Department. Ward 4 C0N9~129 CON9~130 Award contract to Leo Tidwell Excavating Corp., $64,580, for traffic signal interconnect on Truxtun Avenue from Empire Drive to 530 feet west of Oak Street. Ward 5 Award contract to FIo-System Inc., $149,792, for telemetry improvements for various sewer lift stations in FY 1996o97~ Award contract to Granite Construction, $215,857, for Panama Lane street widening, State Route 99 to Wible Road. Ward 7 Award contract to Pacific Resources, $196,031, for Panama Lane Lift Station replacement. Ward 7 Award contract to Pacific Resources, $196,903.40, for Sundale drainage improvements, Phase III, Ashe Road Storm Drain. Ward 5 Reject all bids for construction of Chester Avenue Streetscape improvements, Truxtun Avenue to 24th Street. Ward 2 CON9~3~ CON9~32 CON9~133 C0Ng~134 CON9~135 185 Bakersfield, California, June 11, 1997- Page 4 CONSENT CALENDAR continued E. Ordinances: F. Resolutions: Resolution of Intention No. 1160 declaring the City's intention to order the vacation of the 33-foot-wide alley in Block 208 from L Street to M Street. Ward 2 Resolution approving submittal of an application to the California Integrated Waste Management Board for a 1997-2000 Used Oil Recycling Block Grant. Resolution establishing guidelines for compliance with Federal and State relocation requirements. Resolution providing for collection of sewer charges by the County Tax Collector. Amendment No. 1 to Resolution No. 125-96 increasing the dollar amount authorized for a State Revolving Fund loan to upgrade and expand Wastewater Treatment Plant No. 2. G. Agreements: Transportation Impact Fee Agreement with Coleman Homes, Inc. for construction of bridge over Arvin- Edison Canal at Panama Lane and Golden Gate Drive, Tract 5699. Ward 6 Agreement between City of Bakersfield, County of Kern and Kern Economic Development Corporation to share responsibilities and/or costs for implementation of job training/marketing/management program for the Southeast Metropolitan Bakersfield Enterprise Zone. Wards 1,2 Agreement with Local Agency Formation Commiesion to indemni~ LAFCO for Casa Loma No. 6 Reorganization, Annexation 392, Proceeding 1218, south of Casa Loma Drive, between Union Avenue and Cottonwood Road. Agreement with Xerox Corporation to lease a copy machine for Police Department. Agreement with ~buron Inc. for software maintenance on the Police Records Management System from March 1, 1997 to February 28, 1998. Purchase Agreement with Fred L. Jones for C~ to purchase real property for Yokuts Park development; and appropriate purchase funds. ACTION TAKEN RES 90-97 RES 91-97 RES 92-97 RES 125-96(1) AGR 97-136 AGR 97-~37 AGR 97-138 AGR 97-139 AGR 97-140 AGR 97-141 Bakersfield, Califomia, June 11, 1997 - Page 5 ~L ',~'; CONSENT CALENDAR continued Agreements with State of California, Department of Transportation, for: Traffic signal intemonnect; and appropriate $11,470 Transportation System Management State Grant Revenue to the Intermedal Surface Transportation Efficiency Act (ISTEA) Fund. Wards 2, 7 Preparation of the Final Environmental Impact Report for the South Beltway, 210-foot-wide corridor along Taft Highway and Hosking Road. Resurfacing various streets. Wards 1,2, 3, 4, 6,7 8. Property purchase agreements 0Nard 2) with: Iqbal and Mehnaz Ahmed for $75,000 at 1024 & 1028 13th Street. Charles Martinez for $58,000 at 1016 & 1018 13th Street. Clifford and Zadie C. Hurd for $58,000 at 1301 & 1309 O Street. Baker's Transfer and Storage for $396,500 at 1325 P Street. Jelsey Romanini for $24,400 at 1010 13th Street. Amendment No. 2 to Disposition and Development Agreement No. 94-59 concerning Holiday Inn Select Hotel. 10. Amendment No. 3 to Agreement No. 91-71 with Kern Refuse Disposal, Inc. for commercial and residential services. Miscellaneous: Contract Change Order No. 1, $37,000, to Agreement No. 97-76 with PCL Construction Services, Inc. for the Convention Center Expansion project for 200 additional fixed seats in the arena. Ward 2 Suite Leasing Pricing - New Arena. (Staff recommends adoption of resolution setting a pricing structure of $20,000, $25,000 and $30,000 for suites in the new arena, based on location) ACTION TAKEN AGR 97-142 AGR 97-143 REMOVED FOR SEPARATE CONSIDERATION AGR 97-144 DEED 472f AGR 97-145 DEED 4722 AGR 97-146 DEED 4723 AGR 97-147 DEED 4724 REMOVED FOR SEPARATE CONSIDERATION AGR 94-59(2) AGR 91-71(3) RES 93-97 Bakersfield, California, June 11, 1997 - Page 6 CONSENT CALENDAR continued Purchase of 1 additional liquid natural gas (LNG) side- loading refuse truck to be added to the current order from Central Valley Truck Center. Authorize the Finance Director to forward accounts receivable in various funds, totaling $150,909.29, to a collection agency. Revised job specifications for Assistant City Clerk and Firefighter. (Staff recommends referral to Personnel Committee) Transfer $21,000 appropriations funded by the State Supplemental Local Law Enforcement Block Grant from the Equipment Management Fund to the General Fund for purchase of Colt AR-15.223 caliber dries. Motion by Rowles to adopt Consent Calendar fiems A. through H. with the exception of Items G. 7.c. and G.8.e.; Rowles announced abstention on Item H. 1.& 2. due to employer proposing on project. ACTION TAKEN A PPR 0 VED AB MCDERMOTT G.7.c. Agreement with State of California, Department of TransportalJon, for resurfacing vadous streets. Wards 1,2, 3, 4, 6,7. Motion by Salvaggio to adopt Consent Calendar Item G. 7.c. Motion by Rowles to reconsider Item G. 8.e. G.8. e. Property Purchase Agreement wtih Jelsey Romanini for $24,400 at 1010 13th Street. Ward 2 Motion by Rowles to adopt Item G. 8. e. with an amendment from $24,400 to $26,000. 9. HEARINGS Protest headng for Casa Loma No. 6 Reorganization, Annexation 392, Proceeding 1218, ordedng the territory annexed to the City and detached from the Kem Sanitation Authority, south of Casa Loma Drive, between Union Avenue and Cottonwood Road. Ward 1 Correspondence was received in opposition from David and Mary Stuart, dated June 6, 1997. Hearing opened at 7:30 p.m. No one spoke at hearing. Hearing closed at 7:30 p.m. AGR 97-148 A PPR 0 VED AB MCDERMOTT A PPR 0 VED AB MCDERMOTT AGR 97-149 DEED 4725 A PPR 0 VED NS SULLIVAN AB MCDERMOTT RES 94-97 APPROVED AB MCDERMOTT Motion by Carson to adopt Resolution. Bakersfield, California, June 11, 1997 - Page 7 HEARINGS continued Protest headng to consider resJdentJal refuse rates adjustments for Fiscal Year 1997-98. Correspondence was received from 40 individuals in opposition; and from 3 in support. Public Works Director Raul Rojas provided background information. Hearing opened at 7:35 p.m. John Frassel spoke in opposition and submitted written material. Hearing closed at 7:37 p.m. Motion by Rowles to adopt resolution. Salvaggio requested staff respond in writing to Jean Williams and S. Parris advising them this is not a new service fee; and respond in writing to Ronald Shephard, Bonnie Vickery, Bob Smith, Gayle Stinne# to advise them a stadium tax does not exist. ACTION TAKEN RES 95-97 A PPR 0 VED NS CARSON AB MCDERMOTT Sullivan suggested a copy of the Administrative Report be sent along with each of the letters requested by Salvaggio. Resolution adopting fees and services charges pursuant to the Revenue/Cost Comparison System under Chapter 3.70 of the Bakerstield Municipal Code regarding Commercial Refuse Service. Public Works Director Rojas provided background information. Headng opened at 7:43 p.m. No one spoke at hearing. Hearing closed at 7:43 p.m. NAT Operating, Central District Development Agency (CDDA) and Capital Improvement Program Budgets. Hearing opened at 7:44 p.m. No one spoke at hearing. Hearing closed at 7:44 p.m. NAT 137 Bakersfield, California, June 11, 1997- Page 8 10. 11. 12. REPORTS DEFERRED BUSINESS Zoning to implement the "South of Brimhall" general plan amendments requested by Castle & Cooke California, Inc., for land south of Brimhall Road between Allen and Calloway Drive, Ward 4: (First reading 5/7/97) Ordinance amending Title 17 of the Bakerstield Municipal Code and Zoning Map Nos. 101-36 and 102- 31 by changing the zoning to One Family Dwelling on 315.54 acres and One Family Dwelling-Church on 7.57 acres, located south of Brimhall Road to the City- adopted alignment of the Kern River Freeway between Allen Road and Calloway Drive. (ZC P96-0521) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 122-01 by changing the zoning to One Family Dwelling on 83.61 acres and to Open Space on 8 acres located south of Stockdale Highway to the Cross Valley Canal, east of Allen Road. (ZC P96-0286) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 101-36 and 122- 01 by changing the zoning to One Fami!y Dwelling on 278.95 acres, to Multiple-Family Dwelling on 22.46 acres, to Regional Commemial on 23.46 acres and to Open Space on 1 acre, located north of Stockdale Highway to the City-adopted alignment of the Kern River Freeway/Rio Bravo Canal, east of Allen Road. (ZC P96-0287) Ordinance repealing Section 15.64.200 of the Bakersfield Municipal Code relating to gas nozzles. MoUon by Salvaggio to adopt Deferred Business Item A. and B. NEW BUSINESS Ordinance amending T~e 17 of the Bakersfield Municipal Code and Zoning Map No. 123-24 by changing the zoning of 3.25 acres from Neighborhood Commercial and Umited Multiple Family Dwelling to Planned Commercial Development on the northwest and norlheast corners of Panama Lane and Fortune Street east of Wible Road for a 2,414 square-foot fast food restaurant on the easterly portion of the site. Ward 7(ZCP96- 0978) Policy Resolution addressing the granting of continuances by Planning Commission, Board of Zoning Adjustment and City Council. Ward 3 Motion by Rowles to adopt resolution. ACTION TAKEN ORD 3772 ORD 3773 ORD 3774 ORD 3775 APPROVED AB MCDERMOTT FR RES ~6-g7 APPROVED NS DEMOND AS MCDERMOTT Bakersfield, California, June 11, 1997 - Page 9 13. COUNCIL STATEMENTS Smith requested Public Works respond to correspondence from Endeavor Elementary School parents requesting stop signs and crossing guards on Meacham Road in front of the school. ACTION TAKEN Smith requested Public Works respond to correspondence from "a concerned citizen" regarding Columbus Street cleanup. Smith referred a request from a citizen to take a look at the business area on University near Mr. Vernon, across the street from Bakersfield College where they are allowing the landscaping to deteriorate. Carson requested Code Enforcement to take a look at 3 burned oM houses on the 1100 block of ffth Street, between L and 0 Streets. Carson referred correspondence from the Kern County Contractors' Association to the City Manager respond in writing to cladfy some of the issues regarding misleading statements from PCL and use of local contractors. Salvaggio commented on the letter from Steve Martin, Executive Director, Kern County Contractors' Association, Inc. Salvaggio requested Development Services Director Hardisty respond to the letter from Caroline Be#i, Kern Equestrians for the Preservation of Trails, regarding May 7th Council action on the South of Brimhall Road project. Salvaggio requested an update and response to the Neighborhood Watch Group at 1712 Stillman Avenue and their request for the closure of cul-de-sacs along South H Sheet, south of Ming Avenue and north of Wilson Road. Salvaggio requested Fire Chief Kelly send a letter to Mel Bird, Cal Water, regarding additional fire hydrants at Pacheco Road and South H Street. Salvaggio requested an update from Public Works on the status of a proposed traffic signal at Harris and Stine Roads that was approved at the Council meeting of May 7th. Salvaggio requested a status report on the possible need to amend juvenile curfew laws issue that was referred to Legislative and Litigation Committee 2 - 3 years ago, with reference to City of Arvin policy. Bakersfield, California, June 11, 1997 - Page 10 13. COUNCIL STATEMENTS continued Sullivan commented on the Convention Center Arena. Sullivan requested an update and time frame on installation of a traffic signal at Stine and Harris Roads. ACTION TAKEN Sullivan requested Development Services Director Hardisty prepare a memo outlining criteria for establishing residential care homes in neighborhoods. Sullivan requested the graffiti removal group assess Jefferson Park for continual graffiti problem; and suggested a surveillance camera be installed. Sullivan commended Economic Development Director Wager for the Monday morning program on the arena. DeMond addressed the concern from Sherman Tyler, 325 Beale, and requested Public Works provide an update on the speed surveys from last fall. DeMond requested Chief Brummer advise her the ibherary for Night Against Crime to take place August 6th. Mayor Price commented on the correspondence he sent to the Marine Reserves requesting the Marine Reserves not be removed from Bakersfield. Sullivan commented on the article on Bakersfield in Fortune Magazine; and suggested the editors be invited to Bakersfield. Rowles announced the ground-breaking today for the new Liberty High School; and spoke of the use of local construction companies. ADJOURNMENT Motion by Rowles at 8:25 p.m. CITY CLERK and Ex Officio Clerk d_f./the Council of the City of Bakersfield, CA APPROVED AB MCDERMO 7-1' MA~/~ BOB PRICE of the City of Bakersfield, CA