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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