HomeMy WebLinkAbout04/09/1997 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 9, 1997
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
Rowles (seated at 5:25), Carson
(seated at 5:27), DeMond, Smith,
McDermott, Sullivan (seated at
5:27), Salvaggio (seated at 5:31)
None
Proposition 218.
Assistant City Manager Stinson provided an
overhead presentation on Proposition 218,
which changes how governments in California
may raise revenues; City implementation;
and distributed written material.
Consolidated Maintenance District.
Parks and Recreation Director Ford provided
a status report; and distributed written
material.
Motion by Rowles to recess to Closed
Session at 5:45 p.m. with a correction to
Closed Session Item 1. to read "Existing
Litigation pursuant to Government Code
Section 54956.9(a) in the case of City of
Bakersfield vs. Kenko, et al." in place of
"Potential Litigation G.C.§54956.(c).,
APPROVED
CLOSED SESSION
Conference with Legal Counsel - Existing
Litigation pursuant to Government Code
Section 54956.9(a) in the case of City of
Bakersfield vs. Kenko, et al.
Conference with Legal Counsel - Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9(a) in the
case of Adam Gonzales vs. City of
Bakersfield and Pete Fox; U.S. District
Court, Eastern District, Case No. CV-F-93-
5280 REC DLB.
Motion by McDermott to adjourn Closed
Session at 6:05 p.m.
CITY ATTORNEY
RECEIVED
INSTRUCTION
UPDATE
RECEIVED
APPROVED
075
Bakersfield, California, April 9, 1997 - Page 2
REGULAR MEETING
7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATIONby Richard Williams, First Assembly of God Church
2. PLEDGE OF ALLEGIANCE by Kevin McDermott
3. ROLLCALL
ACTION TAKEN
Present: Mayor Price, Councilmembers
Rowles, Carson, DeMond, Smith,
McDermott, Sullivan, Salvaggio
Absent: None
4. CLOSED SESSION ACTION
Mayor Price announced Closed Session Action
as reflected on Page 1.
5. PRESENTATIONS
Ray Bishop, Director, Southwest
Chapter of the American Association of
Airport Executives presented a plaque
of thanks to Councilmember Randy
Rowles, who represented Mayor Price at
the welcoming ceremonies during the
50th Annual Summer Conference of the
SWAAAE held July 14-19, 1996.
Mayor Price read a proclamation
proclaiming April 21 - 25, 1997 as
Community Energy Awareness Week.
DeWayne Holmdahl, Chairman, State
Mining and Geology Board, presented a
plaque in recognition of achievement
for the Surface Mining and Reclamation
Act (SMARA) Lead Agency Award for 1996
to the Bakersfield City Council.
PUBLIC STATEMENTS
The following individuals spoke
regarding spoke regarding the Policy
Resolution granting continuances.
(Item 12.b.):
Stephen Boyle, Planning Commission
Member, and submitted written
material; and Tak Fujii, Castle &
Cooke; Barbara Martin, BIA of Kern
County; Roger Mcintosh, Martin-
Mcintosh; and Brian Todd, Bakersfield
Association of Realtors.
Bakersfield, California, April 9, 1997 - Page 3 ~7~
7. APPOINTMENTS
ACTION TAKEN
CONSENTCALENDAR
Payments from March 15 to March 28,
1997 in the amount of $4,171,326.52;
and Self Insurance payments from March
15 to March 28, 1997 in the amount of
$263,168.56.
b. Minutes of the March 26, 1997 Council
Meeting.
Grant of Easement to Pacific Bell for
communication vault at Fire Station 13
adjacent to Stine Road. (Ward 6)
Resolution supporting funding for Kern
River Parkway land acquisition. (Prop
204) (Wards 4 & 5)
e. Tract Maps and Improvement Agreements:
Final Map and Improvement
Agreements with Castle & Cooke
California, Inc. for Tract 5680,
Phase A, south of Brimhall Road,
east of Calloway Drive. (Ward 4)
Final Map and Improvement
Agreements with Jack E. Turman
and Norma Turman for Tract 5841,
Phase A, southwest corner of
Westwold Drive and Brookside
Drive. (Ward 4)
Final Map and Improvement
Agreements with Castle & Cooke
California, Inc. for Tract 5673,
Phase 3, north of Harris Road,
east of Spring Creek Loop. (Ward
6)
Improvement Agreement with Jamie
Rudnick for maintenance of
completed work for Parcel Map
10183, northeast corner of Castro
Lane and Talisman Drive. (Ward
7)
DEED 4684
RES 59-97
AGR 97-77
AGR 97-78
AGR 97-79
AGR 97-80
AGR 97-81
AGR 97-82
AGR 97-83
Bakersfield, California, April 9, 1997 - Page 4
CONSENT CALENDAR continued
Buena Vista - Kern River Ranch Project
(Ward 4):
Agreement between City of
Bakersfield, Castle and Cooke
California, Inc. and Carosella
Properties, Inc. for preparation
of an Environmental Impact Report
(EIR); and appropriate $118,955
developer contribution to the
Development Service Operating
Budget in the General Fund.
Agreement with Robert Bein,
William Frost & Associates
($89,440) to prepare an
Environmental Impact Report
(EIR) .
Agreement with Woodward-Clyde
Consultants ($133,200) to prepare an
Environmental Impact Report for the
South Beltway Project; and appropriate
$117,922 State Grant Revenue to the
ISTEA Fund and $15,278 Gas Tax Fund
balance to the Capital Improvement
Program Budget within the Gas Tax
Fund. (Wards 1, 6 & 7)
Agreement with Local Agency Formation
Commission to indemnify LAFCO for
Greenlawn Cemetery Annexation 391,
Proceeding 1213, located south of
Panorama Drive, west of River
Boulevard. (Wards 2 & 3)
Amendment No. 1 to Agreement No. 95-
245 with San Joaquin Valley Unified
Air Pollution Control District to
extend agreement.
Amendment No. 1 to Agreement No. 96-
309 with Daley & Heft to provide legal
services; and appropriate $150,000
fund balance to the City Attorney
Operating Budget within the Self
Insurance Fund for outside legal
service.
Accept bid to award Contract to A-C
Electric Company ($51,985) for traffic
signal installation on Brimhall Road
at Harvest Creek Road. (Ward 4)
ACTION TAKEN
AGR 97-84
AGR 97-85
AGR 97-86
AGR 97-87
AGR 95-245(1)
AGR 96-309 (1)
CON 97-88
Bakersfield, California, April 9, 1997 - Page 5
CONSENT CALENDAR continued
Accept bid to award Contract to A-C
Electric Company ($95,922) for traffic
signal installation and lighting
system on Calloway Drive at Hageman
Road. (Ward 4)
Accept bid to award Contract to Valley
Tree & Construction ($32,277) for the
Demolition of Storage Buildings
project. (Ward 2)
me
Accept bid to award Contract to Curtis
D. Post, Inc. ($76,802) for
construction of Chip Seal Project
1996-97. (Ward 3)
Oe
Appropriate $117,840 Surface
Transportation Program (STP) Funds to
the Capital Improvement Program within
the Intermodal Surface Transportation
Efficiency Act (ISTEA) Fund for
resurfacing various streets.
Appropriate $170,000 land sale
proceeds and transfer $550,000
appropriations from the Facilities
Replacement Reserve to the Off-Street
Parking Fund Capital Improvement
Budget for Convention Center/Arena
parking.
qe
Appropriate $30,000 fund balance to
the City Attorney Operating Budget
within Assessment District 93-1A
(Northeast Sewer).
Motion by Rowles to adopt Consent Calendar
Items a. through q.; Rowles abstained on
Item q. due to employer was proposer on the
project; Smith abstained on Item p. due to
owning property nearby.
ACTION TAKEN
CON 97-89
CON 97-90
CON 97-91
ROWLES ABSTAINED
DUE TO CONFLICT
SMITH ABSTAINED
DUE TO CONFLICT
APPROVED
HEARINGS
Protest hearing to consider a
Resolution for Greenlawn Cemetery
Annexation 391, Proceeding 1213,
located south of Panorama Drive, west
of River Boulevard. (Wards 2 & 3)
Assistant to the City Manager Tuebner
provided background information.
RES 60-97
07 .
Bakersfield, California, April 9, 1997 - Page 6
HEARINGScontinued
a.
Hearing opened at 7:24 p.m.
No one spoke at hearing.
Hearing closed at 7:25 p.m.
Motion by DeMond to adopt Resolution
ordering the territory annexed to the
City.
ACTION TAKEN
RES 60-97
Appeal by Carl Moreland, Telstar
Engineering, of the Planning
Commission decision approving
Tentative Tract 5859 with Conditions
of Approval, located at the northwest
corner of Panama Lane and So. Union
Avenue, consisting of 97 lots on 22.2
acres, zoned One Family Dwelling.
(Ward 7)
Correspondence was received from Carl
Moreland, Telstar Engineering, Inc.,
dated April 1, 1997, requesting this
hearing be rescheduled to April 23,
1997.
Hearing was not opened.
Motion by Salvaggio to continue this
item to the meeting of April 23, 1997.
APPROVED
NS MCDERMOTT
10.
REPORTS
City Manager Oral Report
Bakersfield Convention
Expansion Project.
regarding
Center
Rowles announced a conflict on Items
10.a. and 11.a. due to employer being
a proposer on this project.
City Manager Tandy provided a status
report and introduced Gino Rosetti,
Rosetti Associates Architects, who
introduced members of PCL Construction
Services, Inc.: Andrew Curd, Project
Executive; Steve Vrabel; David Whaley;
and Don Loudermilk and Jim Renne from
Rossetti and Associates; and provided
an overhead presentation.
Bakersfield, California, April 9, 1997 - Page 7
11. DEFERRED BUSINESS
Agreement for Guaranteed Maximum Price
(GMP) for design and construction of
Convention Center Arena.
Motion by DeMond to approve an
Agreement with PCL for the guaranteed
maximum price, not to exceed
$28,989,670, for construction of the
new arena, including finishing all
concourse and upper level suites and
spaces.
ACTION TAKEN
AGR 97-76
NAT
Friendly amendment by McDermott to
amend the cost for Exhibit D, Item
B.4. to provide 2 additional suites at
press level and include this cost of
$25,700 into the total amount.
NAT
DeMond suggested considering the
feasibility of additional parking on
the east side of downtown.
Motion by DeMond to approve an
Agreement with PCL for the guaranteed
maximum price, not to exceed
$29,015,370, for construction of the
new arena, including finishing all
concourse and upper level suites and
spaces, and 2 additional press level
suites.
APPROVED
ABS ROWLES
Mayor Price announced a 5-minute
recess at 8:40 p.m. and reconvened the
meeting at 8:45 p.m.
Ordinance amending Sections 17.04.547,
17.60.060 B.1. and 17.60.070 A.; and
repealing Section 17.60.020 D.4. of
the Bakersfield Municipal Code
relating to residential
subdivision/project directional signs.
(Kiosk Sign Program) (First reading
3/24/97)
ORD 3755
Bakersfield, California, April 9, 1997 - Page 8
11. DEFERRED BUSINESScontinued
Zone Change P96-0872 (Ward 1) (First
reading 3/12/97):
Ordinance amending the land use
and zoning of the Casa Loma
Specific Plan (Zoning Map No.
124-05) from 5.4 (Low Density
Residential - maximum 4 units per
net acre) and 6.2 (General
Commercial) to 5.2 (Medium
Density Residential - maximum 16
units per net acre) on 3.5 acres,
located on the east side of Union
Avenue north of Casa Loma Drive
at 1212 South Union Avenue.
Ordinance amending the land use
and zoning of the Casa Loma
Specific Plan (Zoning Map No.
124-05) from 6.2 (General
Commercial) on 7.2 (Service
Industrial) on 4.19 acres located
between Terrace Way and Daniels
Lane, east of Union Avenue at 340
Daniels Lane.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-20 by changing the zoning
of 69 acres located at the northwest
corner of Rosedale Highway (State
Route 58) and Coffee Road from a
Regional Commercial Zone to a Planned
Commercial Development Zone. (ZC P96-
0494) (Ward 4) (First reading 3/26/97)
Bid procedures:
Ordinance adding Section 3.20.065
to the Bakersfield Municipal Code
establishing a procedure to
determine whether contractors
bidding on Public Works projects
are responsible bidders.
Ordinance adding Section 3.20.068
to the Bakersfield Municipal Code
establishing a procedure for
dealing with bid protest.
Motion by McDermott to adopt Deferred
Business Items a., b. c. and d. and
give First Reading to Item e.
ACTION TAKEN
ORD 3756
ORD 3757
ORD 3758
FR
FR
APPROVED
Bakersfield, California, April 9, 1997 - Page 9
12. NEW BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-14 by changing the zoning
of 7 acres 'located south of the
intersection of Golden State Highway
and Freeway 99 from County Medium
Industrial to City General
Manufacturing. (ZC P97-0019) (Ward 5)
Policy Resolution addressing the
granting of continuances' by the
Planning Commission, Board of Zoning
Adjustment and City Council.
City Manager Tandy provided background
information.
Smith read an additional version of
the resolution.
Motion by Smith to refer New Business
Item b. to Urban Development
Committee.
ACTION T~KEN
FR
APPROVED
13 . COUNCIL STATEMENTS
Carson commented on a Police Report
regarding drive-by shootings in Southeast
Bakersfield; and requested Police Chief
Brummer provide information to ~he next
Budget & Finance Committee meeting of what
is needed to assert greater enforcement and
control in the Southeast Bakersfield
neighborhood.
Rowles congratulated Mayor Price on his
recent marriage.
Rowles requested Carson's item on law
enforcement be placed on the Budget &
Finance Committee meeting agenda.
Rowles requested Police Chief Brummer meet
with him regarding a complaint on an
investigation response.
Bakersfield, California, April 9, 1997 - Page 10
13. COUNCIL STATEMENTS continued
DeMond commented on a letter she received
from Jack Thiroux, dated April 7, 1997,
regarding the dangerous traffic situation
on 24th Street; and requested staff
evaluate the situation to reduce the height
of the foliage at the divider on 24th and C
Streets; and respond back to Mr. Thiroux.
ACTION TAKEN
Salvaggio commended Assistant Chief Horton,
Water Resources Manager Bogart, and City
Clerk's Office for their hard work and
cooperative attitudes.
14. ADJOURNMENT
Motion by Rowles to adjourn at 9:17 p.m.
APPROVED
.'/// f ,,/ //
MAYOR B~B ~R]~C~of the City of Bakersfield,
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City 6f Bakersfield, CA
APR997.MIN
4/28/97 4:43pm