HomeMy WebLinkAbout06/25/1997 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 25, 1997
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
14 ?
PRE-MEETING
ROLL CALL
Present:
Absent:
Mayor Pdce, Rowles (seated at 5:25), Carson, DeMond, Smith,
McDermott, Sullivan (seated at 5:27), Salvaggio (seated at
5:29)
None
WORKSHOP
Motion by DeMond to recess to Closed Session at 5:18 p.m.
CLOSED SESSION
Negotiations with Property Manager (§54956.9(a)) Existing Litigation
City of Bakersfield vs. Guardsmen Storage Associates
Kern Superior Court Case No. 233584-SPC
Conference with Legal Counsel (§54956.9(a)) Existing Litigation
Residents for Public Participation, et al. vs. City of Bakersfield, et al.
Kem Superior Court Case No. 234032-NFT
Conference with Legal Counsel (§54956.9(a)) Existing Litigation
Southwest Community Action Committee, et al. vs. City of Bakersfield,
et al.
Kern Superior Court Case No. 233654-NFT
Motion by Salvaggio to adjourn at 6:42 p.m.
ACTION TAKEN
APPROVED
AB ROWLES
SULLIVAN
SALVAGGIO
APPRAISAL WAS
APPROVED; CITY
ATTORNEY RECEIVED
INSTRUCTION
COUNCIL RECEIVED
UPDATE
COUNCIL RECEIVED
UPDATE
APPROVED
REGULAR MEETING
INVOCATION by Rick Roper, Director, First Assembly of God Church.
PLEDGE OF ALLEGIANCE by Nathan Lamb, Troop 2 (Troop Leader
Jim Erwin)
ROLL CALL
Present:
Absent:
Mayor Price, Rowles, Carson, DeMond, Smith, McDermott,
Sullivan, Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected on this page.
Bakersfield, California - June 25, 1997 - Page 2
PRESENTATIONS
Mayor Pdce presented a Retirement Plaque to Parks Superintendent
Frank A, Fabbd, for 37.5 years of service to the City of Bakersfield.
Mayor Pdce presented a proclamation to Stan Ford, Director of
Recreation and Parks, proclaiming July 1997 as Parks and Recreation
Month.
Mayor Pdce presented a letter from Governor Pete Wilson expressing
appreciation for the Christmas in April program.
ACTIONTAKEN
PUBLIC STATEMENTS
Bob Kretzmer, Cad Warren & Company, spoke regarding Consent
Calendar Agreement 2. regarding outside claims administration.
Geri Spencer, spoke in support of Lowell Park improvements (New
Business 2,a.)
John J. Michelson thanked Council and staff for helping Plumbers and
Steamfitters with PCL.
Jerry Hill requested stop signs be placed in front of Endeavor
Elementary.
APPOINTMENTS
CONSENT CALENDAR
Minutes:
1. June 11, 1997 Council Meeting.
Payments:
Payments from May 31 to June 13, 1997, in the amount of
$3,914,319.15; and Self Insurance payments from May 31 to
June 13, 1997 in the amount of $163,984.76.
Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Dandy and
Associates for Tract 5600, Phase B, north of McKee Road and
east of Akers Road. Ward 6
Final Map and Improvement Agreement with Castle & Cooke
California Inc. for Tract 5838, Phase B, south of Stockdale
Highway and west of Old River Road. Ward 4
AGR 97-152
AGR 97-153
ROWLESABSTA~ED
DUE TO CONFUCT
AGR9~154
Bakersfield, California - June 25, 1997 - Page 3 '!/-J: ~
CONSENT CALENDAR continued
Final Map and Improvement Agreements with Castle & Cooke
California Inc. for Tract 5650, Phase B, south of Harris Road
and east of Reliance Drive. Ward 6
Bids:
1.
7.
8.
9.
Final Map and Improvement Agreement with Castle & Cooke
Califomia Inc. for Tract 5426, Phase B, west of Old River Road
and south of Stockdale Highway. Ward 4
Final Map and Improvement Agreements with Normal
Development Corporation for Tract 5664, Phase 2, west of
Reliance Drive and north of Panama Lane. Ward 6
Final Map and Improvement Agreements with Normal
Development Corporation for Tract 5664, Phase 3, at the
northwest comer of Panama Lane and Reliance Drive. Ward 6
Improvement Agreement with Normal Development
Corporation for Parcel Map 10236, on the southeast corner of
Coffee Road and Rosedale Highway. Ward 4
Award contract to Ceres Environmental Services, Inc., not to
exceed $123,000, for woodwaste/greenwaste grinding and
screening service.
Award contract to Marcus S. Hackler, $10,112.24, for
construction of receptionist enclosure at Martin Luther King Jr.
Center. Ward 1
Award contract to S.K. Painting Co., $24,500, for painting Fire
Station Nos. 4, 5, 6, 7 & 8. Wards 1,2,3,6,7
Award contract to W.M. Lyles Co., $83,872, for improvements
to Beach Park Storm Drain Lift Station. Ward 5
Award contract to Insituform Southwest, Inc., $354,246, for
rehabilitation of existing sewer lines in the Westchester area,
final phase. Ward 5
Award contract to IBM, $63,988.94, for AS/400 system upgrade
of hardware, software and installation.
Accept bid from IKON Office Solutions, Inc., $29,847.03, for
digital color copier for Police Department Lab.
Accept bid from LN. Curtis & Sons, $33,392.29, for turnout
coats and pants for Fire Department.
Accept bid from Berchtold Equipment Company, $68,227.09,
for replacement Bobcat skid-steer loader (asphalt grinder) for
Street Maintenance.
ACTION TAKEN
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 97-155
AGR 97-156
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 97-157
AGR 97-158
AGR 97-159
AGR 97-160
AGR 97-161
AGR 97-162
CON 97-163
CON 97-164
CON 97.165
CON 97-166
CON 97-167
CARSON ABSTAINED
DUE TO CONFLICT
CON 97-168
Bakersfield, California - June 25, 1997 - Page 4
CONSENT CALENDAR continued
10.
Accept bids from MicroAge Computer Center, $71,960.46; New
Technologies, $16,137.91; R&M Enterprises, $11,370.65;
CompUSA, $4,183.87; and Bakersfield Computer Warehouse,
$3,680.82, for additional and replacement personal computers
and equipment. (Total $107,333.71)
11.
Reject all bids for construction of Bank Street Sewer Lift Station
modification. Ward 5
Ordinances:
Resolutions:
Resolution of Intention No. 1161 declaring the City's intention
to order the vacation of the 33-foot-wide alley, Wall Street, in
Block 247 from K Street to L Street. Ward 2
Resolution of Intention No. 1162 declaring the City's intention
to order the vacation of the 33-foot-wide alley, 20th Place, in
Block 207 from K Street to L Street. Ward 2
Resolution of Application proposing proceedings for annexation
of Pierca No. 2, Annexation No. 394, southeast of the Freeway
99/Golden State Highway intersection. Ward 5
Resolution providing for the collection of refuse charges by the
Kern County Tax Collector, in compliance with the
requirements of Proposition 218.
Resolution adopting fees and service charges pursuant to the
Revenue/Cost Comparison System under Chapter 3.70 of the
Bakersfield Municipal Code regarding Commercial Refuse
Service.
Resolution adopting a City of Bakersfield Deferred
Compensation Plan and Trust.
Assessment Distdct No. 97-1, Spring Meadows II/Stockdale
Highway Commercial, Ward 4:
a. Certificate of Sufficiency of Petitions.
Resolution accepting petition and determining to
undertake special assessment proceedings.
c. Resolution approving boundar~ map.
Resolution approving agreement with Orrick,
Herrington & Sutcliffe, Bond Counsel, for legal
services.
Resolution approving Amendment No. 1 to Consultant
Agreement No. 97-98 with Wilson & Associates for
assessment engineering services.
f. Resolution of Intention No. 1159 to order the
acquisition and/or construction of improvements.
ACTION TAKEN
ROWLES ABSTAINED
DUE TO CONFLICT
RES 97-97
REMOVED FOR
SEPARATE
CONSIDERATION
RES 98-97
RES 90-97
RES 100-97
RES 101-97
RES 102-97
AGR 97-169
RES 103-97
AGR 97-98(1)
Bakersfield, California - June 25, 1997 - Page 5
CONSENT CALENDAR continued
8. Personnel changes:
Amendment No. 2 to Resolution No. 12-96 setting
salaries and related benefits for employees of the
White Collar Unit.
Reclassification of Micrographic Technician to
Engineering Aide I.
(Staff recommends referral to Personnel
Committee)
9. O~ganizational issues:
Amendment No. 4 to Resolution No. 19-96 setting
salaries and related benefits for employees of the
Management Unit.
New job specifications for Assistant Director of
Recreation and Parks.
(Staff recommends referral to Personnel
Committee)
Agreements:
Consultant Agreements with Paul Sundberg and with Colin
Campbell to continue work on Geographic Information System
base map.
Consultant Agreement with Acclamation Insurance
Management Services (AIMS) for outside claims
administration.
Consultant Agreement with CHEC Consultants, Inc., $185,781;
and appropriate $45,000 Gas Tax Fund balance to the Capital
Improvement Program Budget for the implementation of a
Computerized Pavement Management System.
Lease Agreement with Reliable Moving and Storage for
buildings at 1325 P Street. Ward 1
Agreement with Local Agency Formation Commission to
indemnify LAFCO for Chester No. 3 Reorganization,
Annexation No. 393, Proceeding 1220, along Chester Avenue,
between 34th and West Columbus Avenue. Ward 2 or 5
Agreement with Kleinfelder, Inc. to perform a Geotechnical
Study at the Old Bakersfield Landfill, not to exceed $90,000.
Agreement with Castle & Cooke to exchange real property it
owns on White Lane/Buena Vista Road and White Lane/Allen
Road for City-owned property on Buena Vista Road, north of
the City's Water Resources Building. Ward 4
ACTION TAKEN
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 97-170
AGR 97-171
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 97-172
AGR 97-173
AGR9~I~
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 97-175
DEED 4726
DEED 4727
DEED 4728
Bakersfield, California - June 25, 1997 - Page 6
CONSENT CALENDAR continued
Preparation of an Environmental Impact Report for the Grand
Canal project at the northwest corner of South H Street and
Berkshire Road, Ward 7:
Agreement with Daystar Development, Inc. for
preparation of an EIR; and appropriate $97,840
Developer Contribution to the Development Services
Operating Budget in the General Fund.
b. Agreement with Robert Bein, William Frost &
Associates, $72,840, to prepare an EIR.
Q Street Underpass beneath the tracks of Burlington Northern
and Santa Fe Railway Company, Ward 2:
Joint Agencies Agreement with Greater Bakersfield
Separation of Grade District to participate in the
planning, designing, financing and construction of a
separation of grade project.
Agreement with State of California, Department of
Transportation, to assist with allocation of funds for the
construction.
Apprepdate $4,864,000 State Grant Revenue to the Q
Street Underpass Fund.
10.
Amendment No. 1 to Claims Management Agreement No. 95-
154 with Ross & Castillo to administer the City's Workers'
Compensation claims.
Miscellaneous:
Contract Change Order No. 12, $18,817.92, to Contract No. 94-
108 with Spiess Construction Company for construction of the
Northeast Trunk Sewer.
Underground electdc easement to Pacific Gas & Electric on
City-owned property located on the north side of Hageman
Road, 780 feet west of RiveHakes Drive. Ward 4
Appropriate $1,200 contributions from vadous sources to Risk
Management Operating Budget within the Self Insurance Fund
for the First Annual Employee Health Fair held May 12, 1997.
Denial of Claim for Damages:
Claimant Craig Carver, CalOak Development Properties, L.P.
Motion by Rowles to adopt of Consent Calendar with the
deletion of Miscellaneous Item 1., correction to the amount to
Bid Item 3. from $43,000 to $24,500; and the exception of
Agreements 2. and 6. and Resolution 4.; Carson abstained on
Bid 7. due to daughter working for company, and Rowles
abstained on Tract Maps and Improvement Agreements 2., 3.
and 4., Resolution 1. and Agreement 1. due to business
relationship.
ACTION TAKEN
AGR 97-176
AGR 97-177
AGR 97-178
AGR 97-179
AGR 95-154(1)
DELETED
DEED4729
APPROVED
Bakersfield, California - June 25, 1997 - Page 7
CONSENT CALENDAR continued
Resolutions:
Resolution providing for the collection of refuse charges by the
Kern County Tax Collector, in compliance with the
requirements of Proposition 218.
Motion by Rowles to adopt Consent Calendar Resolution
4.
Agreements:
Consultant Agreement with Acclamation Insurance
Management Services (AIMS) for outside claims administration
Motion by Salvaggio to delay action on Consent Calendar
Agreement 2., extending the existing contract for 30 days;
direct staff to meet with representatives of Carl Warren &
Company; review the RFP and the concerns; come back
with a recommendation for the meeting of July 16, 1997.
ACTION TAKEN
RES 104-97
APPROVED
NS CARSON
MCDERMOTT
APPROVED
Agreements:
6. Agreement with Kleinfelder, Inc. to perform a Geotechnical
Study at the Old Bakersfield Landfill, not to exceed $90,000.
Motion by Smith to adopt Consent Calendar Agreement 6.
AGR 97-180
APPROVED
HEARINGS
1.
Abatement of Public Nuisance:
Abatement of Public Resolution confirming the report
of the Chief Code Enforcement Officer regarding
assessments of properties for abatement of certain
weeds, debds and waste matter. Wards 1 - 6
Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessments of
properties for structures that have been secured
against entry to abate property maintenance public
nuisances. Wards 1, 2, 7
Development Services Director Hardisty announced property
at 1003 and 1005 L Street, and 219 Daniels Street should be
removed for compliance.
Hearing opened at 7:31 p.m.
The following individuals spoke in opposition to staff
recommendation:
James Taylor, regarding NEC Tulare & Pacific; and Edgardo
Nicolas, regarding 231 L Street.
RES 105-97
RES 106-97
147
Bakersfield, California - June 25, 1997 - Page 8
HEARINGS continued
1. Hearing closed at 7:34 p.m.
DeMond requested staff respond to the NEC Tulare &
Pacific and 231 L Street situations, remove those
properties from the resolutions and bring back for action
July 16, 1997.
Motion by DeMond to adopt of resolutions with removal of
1003 and 1005 L Street, and 219 Daniels Street due to
compliance and removal of properties at NEC Tulare &
Pacific and 231 L Street properties for continuance.
ACTION TAKEN
APPROVED
Protest hearing for Chester No. 3 Reorganization, Annexation
No. 393, Proceeding 1220, ordedng the territory annexed to the
City and detached from the Kern Sanitation Authority, along
Chester Avenue, between 34th Street and West Columbus
Avenue. Ward 2 or 5
Hearing opened at 7:38 p.m.
No one spoke at hearing.
Headng closed at 7:38 p.m.
Correspondence was received from Clayton and Pamela
Youree, dated June 24, 1997, in opposition to the annexation.
City Manager Tandy announced there were 13 people in the
audience, along with 4 others who could not attend, in support
of the annexation.
Motion by DeMond to adopt resolution.
RESfO~97
APPROVED
Resolution approving and adopting an adjusted lee for the
development and improvement of parks within the City of
Bakersfield.
Headng opened at 7:40 p.m.
Barbara Martin, Building Industry Association of Kern County,
spoke in opposition to staff recommendation.
Headrig closed at 7:49 p.m.
Carson requested a breakdown of how the park fund
money was cofiected and how it was designated in each
area.
Motion by Sullivan to direct staff to meet with the BIA to
explain the City's position/formula; come back with a
recommendation more acceptable to the BIA; and defer
action to the meeting of July 16, t997.
NAT
Bakersfield, California - June 25, 1997 - Page 9
HEARINGS continued
Friendly amendment by Rowles to add, while staff is
conferring with the BIA, that Council refer this item to the
Urban Development Committee, with no date certain.
ACTION TAKEN
Motion by Sullivan that staff meet with the BIA to explain
the City's position/formula; come back with a
recommendation more acceptable to the BIA; and, while
staff is conferring with the BIA, this item be referred to the
Urban Development Committee, with no date certain.
APPROVED
Hearing to consider a resolution adopting fees and service
charges pursuant to the Revenue/Cost Comparison System
under Chapter 3.70 of the Bakersfield regarding Sanita~ Sewer
Service.
Hearing opened at 7:58 p.m.
No one spoke at hearing.
Hearing closed at 7:58 p.m.
Motion by Rowles to adopt resolution.
Headng to consider a Resolution adopting the proposed 1997-
2016 Regional Transpodation Improvement Plan and Fee
Schedule.
Hearing opened at 8:00 p.m.
No one spoke at headng.
Hearing closed at 8:00 p.m.
Motion by McDermott to refer back to staff, and committee
if necessary, to look at projects regarding Highway 178
from Fairfax to the mouth of the canyon; and Olive Drive
west to Calloway and bring back to Council.
RES f08-97
APPROVED
NS MCDERMOTT
SALVAGGIO
APPROVED
REPORTS
1.
Legislative & Litigation Committee Report No. 1-97 regarding
Permit Fees for the First Annual Lakeview Festival.
Deputy Clerk Zaragoza announced applicant, Wesley Crawford,
withdrew his request for waiver of fees, therefore, no action is
necessary.
DELETED
145
Bakersfield, California - June 25, 1997 - Page 10
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield Municipal Code
and Zoning Map No. 123-24 by changing the zoning of 3.25
acres from Neighborhood Commercial and Limited Multiple
Family Dwelling to Planned Commercial Development on the
northwest and northeast corners of Panama Lane and Fortune
Street east of Wible Road for a 2,414 square-foot fast food
restaurant on the eastedy portion of the site. (ZC P96-0978)
(First reading 6/11/97) Ward 7
Motion by Salvaggio to adopt ordinance.
ACTION TAKEN
ORD 3776
APPROVED
Revised Job Specifications for Assistant City Clerk and
Firefighter.
Motion by DeMond to approve revised job specifications.
NEW BUSINESS
Amendment No. 2 to Resolution No 11-97, amending and
adopting the Operating, Capital Improvement Program and
Central District Development Agency Budgets for Fiscal Year
1996-97.
Motion by Salvaggio to adopt resolution.
APPROVED
RES 11-97(2)
APPROVED
Budget for Fiscal Year 1997-98:
Additions and changes to the City Manager's 1997-98
Proposed Budget.
Resolutions establishing the Appropriations Limit; and
adopting the City of Bakersfield Operating, Capital
Improvement Program and Central District
Development Agency Budgets.
Motion by McDermott to approve the budget with the
following amendments:
· Signal light at Camino Medlo, between CalState
Bakersfield and the Marketplace In the t998-99
budget year;
Flashing yellow light in front of Endeavor School;
and
Various Projects. Kern River Parkway: remove the
wording "Coffee to Manor'.
RES 109-97
RES 110-97
RES f11-97
APPROVED
Agreement with Sports-R-Us for Hockey Lease in new arena.
Motion by McDermott to approve the Lease Agreement to
operate the Bakersfield FOG in the new arena, beginning
with the 1998-99 season.
AGR 97-181
APPROVED
Bakersfield, California- June 25, 1997- Page 11
COUNCIL STATEMENTS
McDermott requested staff respond to a letter from Kern Equestrian for
the Preservation of Trails regarding the South of Brimhall Road projact.
ACTION TAKEN
McDermott invited Council to the grand opening of Coffee Road Overcrossing
on July 3. 1997 at 10:00 a.m.
Carson thanked City Manager Tandy for his fast response to resolve the PCL
and labor group.
Carson asked if Police Department is responding to calls in Casa Loma
Annexation. City Manager Tandy stated it would begin this weekend.
Carson referred a claim from Judy Black regarding sawer problems in her
area to City Attorney and Public Works Department for action.
DeMond requested a survey be taken from Virginia to Beale on Niles,
where a child was hit by a car while riding his bike; and check with the
Police Department about a Bicycle Safety Instruction Program about bikes
and set up a showing of the program at Jefferson and Williams schools.
DeMond related the waterline system claim at 15 Myrtle to Public Works
Director Rojas.
Salvaggio reminded staff of previous referrals:
An update from Public Works on the status of a proposed traffic
signal at Harris and Stine Roads;
Letters to citizens clarifying the refuse increase; and requested he
receive copies of the letters.
Traffic Engineer recommendation regarding the barricade on
McCleary Street.
Salvaggio requested Council impress upon the City Manager to impress
upon PCL that a major local contractor is necessary to be involved in the
multi-purpose arena; and stated he was concerned with the quality of
construction,
Salvaggio congratulated Luis and Maria Peralez on their marriage.
Smith referred copies of letters from Duncan Lowe, President, Park Place
Homeowners Association, and requested Public Works Director Rojas and
Solid Waste Superintendent Morris respond to Mr. Lowe's concerns.
McDermott announced the Bakersfield Centennial "Hot Cars Under the Stars"
Wacky Bed Race at Mesa Marin July 19. 1997 to benefit building the Centennial
Plaza.
McDermott stated he thinks it is also important to have a major local contractor
involved in the process of the multi-purpose arena.
Rowles commended former Parks Superintendent Fabbri for his
accomplishments while working for the City.
Bakersfield, California - June 25, 1997 - Page 12
COUNCIL STATEMENTS continued
Rowles requested Code Enforcement check on the condition the property
(formerly Simon's Restaurant), on Truxtun Avenue and Commercial Way.
Rowles stated his support for qualified local companies working on City projects.
Sullivan announced she would be delighted to be invited to race at Mesa Marin
in the Centennial Wacky Bed Race.
Mayor Price announced he will be the judge of the City Hall Chile Cook-off
ACTION TAKEN
ADJOURNMENT
Motion by Rowles at 8:30 p.m.
APPROVED
ATTEST:
CITY CLERK and Ex Officio c~k of the
Council of the City of Bakersfie'El, CA
JUN25.97
July 18, 1997