HomeMy WebLinkAbout12/17/1997 MINUTES CC27?
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 17, 1997
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles, Carson,
DeMond, Smith (seated at 5:35), McDermott,
Sullivan (seated at 5:25), Salvaggio (seated
5:45)
None
ACTION TAKEN
2. WORKSHOP
Status Report on the Fiscal Year 1997-98 Capital
Improvement Program (CIP).
Public Works Director Rojas introduced Civil Engineer
Wright who provided an overhead presentation on the
status of the Capital Improvement Program and written
material.
Motion by Rowles to recess to Closed Session at 5:28 p.m.
CLOSED SESSION
Conference with Legal Counsel §54956.9(a) - Existing
Litigation. City of Bakersfield vs. U.S. Fire Insurance
Company, et al., Kern Superior Court Case No. 233091-
SPC
Conference with Legal Counsel §54956.9(a) - Existing
Litigation. Cal Oak Development Properties, L.P., etc.
vs. City of Bakersfield, et al., Kern Superior Court Case
No. 230237 RA
Conference with Legal Counsel §54956.9(a) - Existing
Litigation. Residents for Public Participation, Inc., etc.,
et al. vs. City of Bakersfield, et al., Kern Superior Court
Case No. 234032 NFT
APPROVED
AB SMITH
SAL VAGGIO
CITY ATTORNE¥
RECEIVED
INSTRUCTIONS
CITY ATTORNE¥
RECEIVED
INSTRUCTIONS
CITY ATTORNE¥
RECEIVED
INSTRUCTIONS
Bakersfield, California, December 17, 1997 - Page 2
CLOSED SESSION continued
Conference with Legal Counsel §54956.9(b) - Potential
Litigation. Significant exposure to litigation. One
potential case.
Conference with Legal Counsel §54956.9(c) - Potential
Litigation. Initiation of litigation. One potential case.
Motion by Rowles to adjourn from Closed Session at 6:45
p.m.
ACTION TAKEN
CITY ATTORNEY
RECEIVED
INS TRUC TIONS
CITY STAFF
RECEIVED
INS TRUCTIONS
APPROVED
REGULAR MEETING
INVOCATION by Chaplain Ed Meissner, First Assembly of God
Church
PLEDGE OF ALLEGIANCE by Kevin McDermott
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles, Carson,
DeMond, Smith, McDermott, Sullivan, Salvaggio
None
ACTION TAKEN
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected on
Pages 1 and 2.
PRESENTATIONS
Mayor Price congratulated Recreation and Parks Director Ford
and staff for their 1't Place award for Special Volunteer Division
in the Christmas Parade.
PUBLIC STATEMENTS
a. Bill Cooper, Kern River Parkway Committee, spoke
regarding appeal fees and requested exemption.
Bakersfield, California, December 17, 1997 - Page 3
APPOINTMENTS
Appointments to the Alternate Dispute Resolution
Committee.
Vice-Mayor Row/es provided background information on
the committee and announced the names of the
appointees for Council approval.
ACTION TAKEN
Motion by Rowles to appoint Deputy City Attorney
Ginny Gennaro; Wastewater Manager Fred Kloepper;
Assistant Finance Director Gil Rojas; Assistant
Planner Louise Palmer (at-large); Jack Turman,
President, Turman Construction Company; Jeff
Williams, owner, Hillcrest Sheet Metal; Paul
Dhanens, Architect; and Steve Martin, Executive
Director, Kern County Contractor's Association.
APPROVED
CONSENT CALENDAR
Minutes:
a. December 3, 1997 Council Meeting.
Payments:
Payments from November 15 to December 5, 1997 in
the amount of $6,783,430.28; and Self Insurance
payments from November 15 to December 5, 1997 in
the amount of $364,707.13.
Resolutions:
Resolution of Intention No. 1165 declaring the City's
intention to add territory (Area 1-13, Calloway
S/Meacham) to the Consolidated Maintenance District
and preliminarily adopting, confirming and approving
Public Works Director's Report. Ward 4
Resolution of Intention No. 1167 declaring the City's
intention to order the vacation of 22% 23"~ and S Streets,
abutting Blocks 144, 145, 174, 175, 184 and 185, and all
alleys within these blocks. Ward 2
e. Policy Resolution adopting the Investment Policy. RES 186-97
Bakersfield, California, December 17, 1997 - Page 4
CONSENT CALENDAR continued
Resolution regarding use of housing set-aside monies
outside the Downtown Redevelopment Project area; and
appropriating $256,198 Fund Balance to the Operating
Budget within the Central District Development Agency
(CDDA) Housing Fund.
Resolution in support of the request of Harvel Plastics,
Inc. for State Industrial Development Bond Financing;
and letter to members of the California Debt Limit
Allocation Committee in support of this request.
Resolution approving the Application for Funds for the
Tire Recycling Grant Program (Playground Cover
Grants) from California Integrated Waste Management
Board for playgrounds in 30 City parks for FY 1998-99.
Resolution determining that 12 follow spot lights for the
Bakersfield Convention Center and the Bakersfield
Arena cannot be reasonably obtained through the usual
bidding procedures and authorizing the Finance Director
to dispense with bidding, not to exceed $130,000.
Ward 2
Agreements:
j. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5680,
Phase D, south of Brimhall Road, east of
Calloway Drive. Ward 4
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5680,
Phase E. south of Brimhall Road, east of
Calloway Drive. Ward 4
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5876,
Phase A, nodh of Ming Avenue, west of Old
River Road. Ward 4
Final Map and Improvement Agreements with
The DeWalt Group, Inc. for Tract 5716, Phase 3,
north of Granite Falls Drive, east of Main Plaza
Drive. Ward 4
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
RES t87-97
RES 188-97
ROWLES ABSTAINED
DUE TO CONFLICT
RES 189-97
REMOVED FOR
SEPARATE
CONSlDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 97-336
AGR 97-337
AGR 97-338
Bakersfield, California, December 17, 1997 - Page 5
CONSENT CALENDAR continued
Final Map and Improvement Agreements with
Kyle Carter Homes, Inc. for Tract 5418, Unit 6, at
the northwest corner of Noriega Road and
Verdugo Lane. Ward 4
Improvement Agreement with Kirksey Nix
Newton, Jr. and Teresa Kay Newton for Parcel
Map 10211, south of Darrel Avenue, east of
Madison Street. Ward 1
Improvement Agreements with Eloy Renfrow,
Weldon C. Ayers and Sandra S. Ayers for Parcel
Map 10455, at the southwest comer of Hageman
Road and Calloway Drive. Ward 4
Agreement with Social Vocational Services, Inc. (SVS)
to provide sorting of recyclable greenwaste material, not
to exceed $69,552 for 6 months.
Agreement with the Downtown Business and Property
Owners Association regarding banners on Chester
Avenue.
Design Consultant Contract with W. Koo & Associates,
Inc., $437,298; and appropriate $497,200 State Grant
Revenue (STP) to the Capital Improvement Budget
within the ISTEA Fund for seismic retrofit design of 6
bridges. Wards 2,3
Agreement with State of California, Department of
Transportation, for preliminary engineering-resurfacing
various streets, FY 1997-98.
Agreement with State of California, Department of
Transportation, for the hardscape portion of Chester
Avenue Streetscape Improvements from Truxtun
Avenue to 24th Street. Ward 2
Agreement with Local Agency Formation Commission to
indemnify LAFCO for Annexation 394, Pierce Road 2,
located south of Freeway 99 and Golden State Highway
Interchange. Ward 5
q. Agreements for guarantee of street cut repairs:
1. Agreement with Brooks Fiber Communications.
2. Agreement with California Water Service Co.
ACTION TAKEN
AGR 97-339
AGR 97-340
AGR 97-34~
AGR 97-342
AGR 97-343
AGR 97-344
AGR 97-345
AGR 97-346
AGR 97-347
AGR 97-348
AGR 97-349
AGR 97-350
AGR 97-35f
Bakersfield, California, December 17, 1997 - Page 6
CONSENT CALENDAR continued
Amendment No. I to Agreement No. 96-336 with
Southwest Contractors, Inc. assigning rights and
responsibilities to ARB, Inc.
Bids:
Award annual contracts to Photo Max Film, 39 items -
$98,175.43; Focus Camera, 10 items - $28,162.56; and
Imaging Products, Int'l, 6 items - $2,981.36, for camera
film stock for Police, Fire and Public Works
Departments. Total $129,319.35
Award contract to Spring Mountain Inc., $28,592, for
installation of flashing yellow beacons on Stine Road at
Ridgeview High School. Ward 6
Award contract to Griffith Company, $117,120, for
reconstruction of sidewalks and drive approaches at
various locations. Ward 2
Award contract to A-C Electric Company, $161,600.80,
for traffic signal and lighting system installations on
Coffee Road at Olive Drive; and at Fruitvale Avenue at
Hageman Road. Ward 4
Accept bids from Greeniger & Co., 70 items
$20,870.85; Westburne Supply - 40 items, $3,776.06;
and U.S. Filter, 50 items - $1,433.13, for fire hydrants
and burys. Total $26,080.04. Ward 6
Accept bid from Central Valley Truck Center, $53,863,
for a brush truck to raplace a dump truck for the Water
Department.
Miscellaneous:
Contract Change Order No. I to Contract No. 97-131
with Leo Tidwell Excavating Corporation, $14,944.30, for
Traffic Signal Interconnect on Truxtun Avenue from
Empire Drive to 530 feet west of Oak Street. Ward 2
Acceptance of 1996-97 Comprehensive Annual Financial
Report (CAFR).
aa.
Annual Report of Financial Transaction of the Central
District Development Agency to the State Controller.
ACTION TAKEN
AGR 96.336(1)
CON 97-352
CON 97-353
CON 97-354
CON 97-355
CON 97-356
CON 97-357
Bakersfield, California, December 17, 1997 - Page 7
CONSENT CALENDAR continued
bb.
Central District Development Agency Component Unit
Financial Report for fiscal year ended June 30, 1997.
CC.
Organizational issues: (Staff recommends referral to
Personnel Committee)
Replacement of vacant Supervisor II position in
General Services with a Clerk Typist I and a
Trades Assistant.
Reclassification from Utility Worker to Trades
Assistant.
dd.
Two additional positions for Management Information
Services Division:
One Office Systems Analyst and one Office
Systems Technician.
Reduce Interfund transfers by $60,000 from the
General Fund to the Capital Outlay Fund and
appropriate $56,000 to the MIS Operating
Budget within the General Fund.
ee.
Appropriate $6,500 Developer Contributions to
Development Services Operating Budget within the
General Fund for the Cardiac Hospital EIR. Ward 4
Motion by Rowles to adopt Consent Calendar Items
a. through ee. with the exception of Items f. and j. 1.
& 2.; Rowles announced abstention on Item L due to
previous interest in project; and Item ee. due to
source of income.
Resolution regarding use of housing set-aside monies
outside the Downtown Redevelopment Project area; and
appropriating $256,198 Fund Balance to the Operating
Budget within the Central District Development Agency
(CDDA) Housing Fund.
Motion by Carson to adopt Consent Calendar Item f.
with the understanding that the funds are used for
the housing set-aside.
ACTION TAKEN
ROWLES ABSTAINED
DUE TO CONFLICT
APPROVED
RES 190-97
APPROVED
Bakersfield, California, December 17, 1997 - Page 8
CONSENT CALENDAR continued
j. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5680,
Phase D, south of Brimhall Road, east of
Calloway Drive. Ward 4
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5680,
Phase E. south of Brimhall Road, east of
Calloway Drive. Ward 4
Motion by McDermott to deny Consent Calendar
Items j. 1. & 2.
ACTION TAKEN
NAT
Mayor Pdce announced Consent Calendar Items j. 1. &
2. are tabled until later in the meeting.
Mayor Price announced a 2-minute recess at 7:21 p.m.
and reconvened the meeting at 7:23 p.m.
HEARINGS
Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessments of
properties in the City of Bakersfield for abatement of
weeds, debris and waste matter. Wards 1,2,3,4,6,7
Hearing opened at 7:24 p.m.
No one spoke at hearing.
Hearing closed at 7:24 p.m.
Motion by Carson to adopt resolution.
RES 191-97
APPROVED
Continued appeal by Wal-Mart Stores, Inc. of the Board
of Zoning Adjustment decision denying a conditional use
permit (P97-0612) to allow 26 metal storage containers,
totaling 8,960 square feet, in a Regional Commemial
zone at 2300 White Lane. Ward 7
RES 192-97
Bakersfield, California, December 17, 1997 - Page 9
HEARINGS continued
Correspondence was received from Jay Allen, Vice
President, Corporate Affairs, Wal-Mart Stores, Inc.,
dated December 12, 1997, apologizing for their violation
of a city ordinance.
Correspondence was also received from Steve W.
Nichols, Young Wooldridge, representing Wal-Mart
Stores, Inc., dated December 16, 1997, requesting
continuance of the appeal hearings.
Development Services Director Hardisty provided
background information.
Mayor announced this is not a continued hearing, only
continued action.
Motion by Salvaggio to adopt resolution, upholding
the BZA decision; with Wal-Mart Stores in
compliance by January 4, 1998.
ACTION TAKEN
NAT
McDermott recognized Steve Nichols, Young
Wooldridge, to speak.
Friendly amendment by McDermott to adopt
resolution, upholding the BZA decision; with a
proviso that Wai. Mart Stores be issued a citation
each day of non-compliance after January 4, 1998.
Motion by DeMond to adopt resolution, upholding
the BZA decision; with Wal-Mart Stores in
compliance by January 4, 1998.
FAILED
NS CARSON
DEMOND
SMITH
SULLIVAN
APPROVED
NS ROWLES
MCDERMOTT
Continued appeal by Wal-Mart Stores, Inc. of the Board
of Zoning Adjustment decision denying a conditional use
permit (P97-0614) to allow 36 metal storage containers,
totaling 11,520 square feet, in a Planned Commercial
Development zone at 2601 Fashion Place. Ward 3
Development Services Director Hardisty provided
background information.
Mayor announced this is not a continued hearing, only
continued action.
RES 193.97
Bakersfield, California, December 17, 1997 - Page 10
HEARINGS continued
Motion by Smith to adopt resolution, upholding the
BZA decision; with Wal-Mart Stores in compliance
by January 4, 1998.
ACTION TAKEN
APPROVED
NS MCDERMOTT
Resolution ordering territory designated as Annexation
394, Pierce Road 2, located south of Freeway 99 and
Golden State Highway Interchange, annexed to the City
of Bakersfield. Ward 5
Hearing opened at 8:00 p.m.
No one spoke at hearing.
Hearing closed at 8:01 p.m.
Motion by Rowles to adopt resolution.
RES f94-97
APPROVED
CONSENT CALENDAR continued
j. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5680,
Phase D, south of Brimhall Road, east of
Calloway Drive. Ward 4
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5680,
Phase E. south of Brimhall Road, east of
Calloway Drive. Ward 4
Row/es requested future maps provided in the packets be the 11
x 17 format for readability.
AGR 97-358
AGR 97-359
Motion by McDermott to refer Consent Calendar Items j. 1.
& 2. back to staff and bring back at the next Council
meeting with the proper maps.
FAILED
NS ROWLES
CARSON
DEMOND
SMITH
SULLIVAN
SAL VAGGIO
Motion by DeMond to adopt the official recorded map. APPROVED
AB MCDERMOTT
Bakersfield, California, December 17, 1997 - Page 11
10.
REPORTS
City Manager Oral Report No. 8-97 regarding Contract
Negotiations with Ogden Entertainment for Privatization
of Arena.
City Manager Tandy provided the status of the
negotiations with Ogden Entertainment and distributed
written material.
ACTION TAKEN
11. DEFERRED BUSINESS
12. NEW BUSINESS
Ordinance repealing Chapter 15.65 and amending
Chapter 8.60 of the Bakersfield Municipal Code relating
to responsibilities of the Bakersfield City Fire
Department, Environmental Services Division, as the
Certified Unified Program Agency within the City of
Bakersfield.
FR
13.
COUNCIL STATEMENTS
Salvaggio reminded Public Works Director Rojas to speak with
General Services Manager Underwood regarding expediting the
3-way stop installation.
Salvaggio requested Public Works Luis Peralez look into
the possibility of repair/patchwork being scheduled on El
Potrero Lane, be{ween Planz and White Lane, including
Mesa Grande; and schedule El Caballo and E1Berrendo for
resurfacing.
DeMond requested Chief Brummer respond to the letter
from Nora Jenkins-Webber, explaining City rules and
regulations.
McDermott requested staff bring back City maps with the
revised freeway alignment proposed by CalTrans to the
Council meeting of January 14, 1998.
Bakersfield, California, December 17, 1997 - Page 12
13.
COUNCIL STATEMENTS continued
McDermott provided a Centennial Foundation Celebration
events update:
· Float in the Rose Parade, Entry #100, January 1;
· "Party of the Century" and Parade - "A Moment In Time",
January 10, 1998
Sullivan thanked B-Flag for the birthday bouquet, staff members
and the public for the holiday greetings and Mrs. Price for
homemade goodies.
ACTION TAKEN
14. ADJOURNMENT
Motion by Rowles at 8:30 p.m.
I~Y(~'R'B(~ PRICE of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk ~the Council
of the City of Bakersfield, CA
APPROVED
DEC17,97
February 5, 1998 (4:27PM)