Loading...
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)