HomeMy WebLinkAbout02/25/1998 MINUTES CC37
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 25, 1998
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles, Carson,
DeMond (seated at 6:00 p.m.), Smith,
McDermott, Sullivan, Salvaggio
None
ACTION TAKEN
2. WORKSHOP
Walking tour of the Bakersfield Centennial Garden
Project.
City Clerk McCarthy announced the workshop was
conducted at the site of the Bakersfield Centennial
Garden.
CLOSED SESSION
Conference with Real Property Negotiator, Alan Tandy,
§54956.8, regarding price and terms of payment for
property located between house numbers 3500 and 3908
Panorama Drive, Bakersfield, California.
INSTRUCTIONS TO
REAL PROPERTY
NEGOTIATOR AND
STAFF
Conference with Legal Counsel §54956.9(b) -
Potential Litigation
Significant exposure to litigation. One potential case.
CONTINUED TO
NEXT MEETING
Conference with Legal Counsel §54956.9(a)
Greater Bakersfield Separation of Grade District vs
World Oil Corporation etc. et al
Kern Superior Court Case No. 230162
COUNCIL
RECEIVED
UPDATE
Motion by Rowles to recess to Closed Session at
5:55 p.m.
APPROVED
Bakersfield, California, February 25, 1998 - Page 2
CLOSED SESSION continued
Mayor price announced that the City Attorney's Office has
successfully completed the settlement negotiations in the Spiess
Construction vs City of Bakersfield matter, this matter has been
dismissed by Kern County Superior Court.
Motion by Rowles to adjourn from Closed Session at 6:55
p.m.
ACTIONTAKEN
APPROVED
REGULAR MEETING
1. INVOCATION by Doug Pike, First Assembly of God Church
PLEDGE OF ALLEGIANCE by Don and Jeff, Boy Scouts
Troop 194
3. ROLLCALL
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 I and 2.
PRESENTATIONS
Presentation by Mayor Price of proclamation to Ron
Lewis proclaiming March 7, 1998 as Scottish Highland
Gathering and Games Day.
Mayor Pdce announced the Bakersfield Sister City Program won
the nationwide prize for programs from the Sister City
International and today they won the Arts and Culture Award
from the Bakersfield Centennial Celebration Awards Dinner.
PUBLIC STATEMENTS
Jim Johnson, Executive Director, Arts Council of Kern,
spoke regarding the Adrain Traveling Museum,
presented Council with commemorative T-Shirts and
provided written material.
Bakersfield, California, February 25, 1998 - Page 3
39
PUBLIC STATEMENTS continued
b. Terry Johnson spoke in support of Palm-Olive
Annexation
Bob Smith spoke in support of Palm-Olive Annexation.
ACTION TAKEN
7. APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. February 11, 1998 Council Meeting.
Payments:
b. Payments from January 31 to February 13, 1998 in the
amount of $6,833,645.52; and Self insurance payments
from January 31 to February 13, 1998 in the amount of
$117,719.58.
Resolutions:
c. Resolution of Intention No. 1169 declaring the City's
intention to order the vacation of the public alley located
southwesterly of Sylvia Drive and South Chester Avenue,
Parcel Map No. 5055. (Ward 1)
d. Resolution opposing the restriction of private sector
competition for design and engineering projects.
e. Resolution establishing ambulance service charges.
f. Resolutions (5) ordering judicial foreclosure of delinquent
assessments pursuant to the Improvement Bond Act of
1915, and ordering that the tax collector be credited with
those assessments: (Ward 4)
Assessment District 90-1, Jewetta Trunkline
Assessment District 91-1, Hosking
Assessment Districts 93-1A and 93-1B,
Northeast Sewer & Gas
Assessment District 93-2, Stine/Harris
Assessment District 94-1, Renfro/Hughes
RES ~7-98
RES 18-98
RES 19-98
RES 20-98
RES 21-98
4. RES 22-98
5. RES 23-98
Bakersfield, California, February 25, 1998 - Page 4
CONSENT CALENDAR continued
Agreements:
g. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements with
BHA Properties L.L.C.for Tract 5869 Unit 1, south
of Brimhall Road and west of Calloway Drive.
(Ward 4)
Final Map and Improvement Agreement with
Coleman Homes, Inc., for Tract 5436 Phase 2,
south of Northshore Drive and east of Riverlakes
Drive. (Ward 4)
Final Map and Improvement Agreements with
Coleman Homes, Inc. for Tract 5436 Phase 3,
south of Northshore Drive and east of Riverlakes
Drive. (Ward 4)
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract 5838
Phase D, south of Stockdale Highway and west
of Old River Road. (Ward 4)
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract 5838
Phase E, south of Stockdale Highway and west
of Old River Road. (Ward 4)
Final Map and Improvement Agreement with
Coleman Homes, Inc., for Tract 5699 Unit 2,
north of Panama Lane and west of Stine Road.
(Ward 6)
Final Map and Improvement Agreements with
Douglas M. Wattenbarger for Tract 5809 Unit C,
south of Panama Lane and West of Union
Avenue. (Ward 7)
Agreement between the City of Bakersfield, County of
Kern and Kern Bridges Youth Home to facilitate the
acquisition of property at 4301 DeEtte Avenue. (Ward 7)
Agreement with Local Agency Formation Commission to
indemnify LAFCO for Annexation No. 395, Palm-Olive,
south of Olive Drive, between Fruitvale Avenue and
Coffee Road; south of Rosedale Highway between
Jewetta Avenue and Allen Road, and at the northwest
corner of Jewetta Avenue and Brimhall Road. (Ward 4)
ACTION TAKEN
AGR 98-19
AGR 98-20
AGR 98-21
AGR 98-22
AGR 98-23
AGR 98-24
AGR 98-25
AGR 98-26
AGR 98-27
AGR 98-28
AGR 98-29
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 98-30
Bakersfield, California, February 25, 1998 - Page 5
CONSENT CALENDAR continued
Agreement with Prudential America West Real Estate to
sell City owned homes located between 3500 and 3908
Panorama Drive. (ward 3)
Consultant's Agreement with Kleinfelder, Inc., $62,825,
to provide materials testing during City's Fiscal Year
1997-98.
Construction and Maintenance Agreement with the
Burlington Northern and Santa Fe Railway Company for
the N Street Pedestrian Overhead Project.
Security Agreement with Flying Puck, LLC. to secure its
performance under Lease Agreement Nos. 95-110 and
97-181.
Amendment No. 1 to Consultant's Agreement No. PW97-
33 with Delta Construction Project Management, Inc. to
increase department contract amount from $20,000 to
$25,904.59.
Bids:
Award contract to Prudential Overall Supply,
approximately $78,000 per year, for uniform rental and
laundry service for 4 year period.
Award contract to Griffith Company, $290,280, for street
improvements on California Avenue, east of Oak and
Truxtun Avenue, between Westwind Drive and Olive
Street. (Wards 2.5)
Award contract to E.J. Ward, Inc., $158,984, to furnish
and install an Automated Fuel Management System at
4101 Truxtun Avenue, Corporation Yard; and 1601
Truxtun Avenue, Police Department.
Accept bid from Tennant Company, $36,385.61, for an
additional 57" ride-on floor scrubber for Bakersfield
Centennial Garden.
s. Reject bids for fork lift truck.
ACTION TAKEN
REMOVED
FOR SEPARATE
CONSIDERATION
AGR 98-31
AGR 98-32
AGR 97-181(2)
AGR PW97-33(1)
CON 98-34
CON 98-35
CON 98-36
t. Reject bids for portable chairs and stacking carts for
Bakersfield Centennial Garden.
Bakersfield, California, February 25, 1998 - Page 6
CONSENT CALENDAR continued
Miscellaneous:
Appropriate $29,544 Fund Balance and $2,119 Interest
Revenue to the Public Works Capital Improvement
Budget within the State Transportation Development Act
(TDA) Fund for the Ashe Road Storm Drain Construction
Project.
Appropriate $1,000,000 Fund Balance to the Non~
Departmental Budget within the Equipment Management
Fund for a loan to Ogden Entertainment Inc. to furnish a
kitchen facility at Bakersfield Centennial Garden.
Contract Change Order No. I to Contract No. 97-269
with Utah Pacific Construction Company, $20,776, for
construction of the Buena Vista Trunk Sewer, Phase I.
(Ward 4)
Reclassification from Light Equipment Operator to Heavy
Equipment Operator for Water Resources Department.
Motion by Rowles to adopt Consent Calendar Items
a. through x., with the exception of Items h., j., v.,
and corrections to Item a.
Agreement between the City of Bakersfield, County of
Kern and Kern Bridges Youth Home to facilitate the
acquisition of property at 4301 DeEtte Avenue. (Ward 7)
Salvaggio requested a list of names and address of other
facilities in the City that are under the auspices of Kern
Bridges Youth Home.
Salvaggio recognized Don Marble, Kern Bridges Youth
Home Facility Director to answer questions. Salvaggio
requested Mr. Marble arrange a tour of the facility with
him, in the near future.
Motion by Salvaggio to approve Consent Calendar
Item h.
Agreement with Prudential America West Real Estate to
sell City owned homes located between 3500 and 3908
Panorama Drive. (Ward 3)
ACTION TAKEN
REMOVED
FOR SEPARATE
CONSIDERATION
APPROVED
AGR 98-37
APPROVED
AGR 98-38
Motion by Carson to approve Consent Calendar Item APPROVED
j.
Bakersfield, California, February 25, 1998 - Page 7
CONSENT CALENDAR continued
Appropriate $1,000,000 Fund Balance to the Non-
Departmental Budget within the Equipment Management
Fund for a loan to Ogden Entertainment Inc. to furnish a
kitchen facility at Bakersfield Centennial Garden.
Motion by DeMond to approve Consent Calendar
Item v.
ACTION TAKEN
APPROVED
HEARINGS
a. Resolution ordering the vacation of the 20 foot wide alley
connecting 22°d and 23r~ Streets between H and Eye
Streets in City Block 164. (Ward 2)
Hearing opened 7:35 p.m.
No one spoke at hearing.
Hearing closed 7:35 p.m.
Motion by DeMond to adopt resolution.
RES 24-98
APPROVED
Appeal by Cornerstone Engineering of the Planning
Commission decision changing the zoning and Zoning
Map 102-31 from Planned Unit Development to Planned
Unit Development on 20.33 acres, northeast of Calloway
Drive and the Cross Valley Canal, for development of a
423 bed, multi-level medical and recovery care center,
Glenwood Gardens, ZC P97o0835. (Ward 4)
Development Services Director Jack Hardisty provided
clarification of administrative report.
Hearing opened 7:40 p.m.
Mike Callagy, Cornerstone Engineering representing
Glenwood Gardens, spoke in opposition to staff
recommendation.
Henry Agonia, General Manager, NOR Recreation &
Parks District spoke in support of staff recommendation.
Mike Callagy, Cornerstone Engineering representing
Glenwood Gardens, spoke in rebuttal.
FR
Hearing closed 7:55 p.m.
Bakersfield, California, February 25, 1998 - Page 8
HEARINGS continued
Motion by McDermott to uphold the decision of the
Planning Commission and first reading of ordinance
with the exception on the requirement for the
sidewalk allowing an alternative for the first 210 feet
from the mid section line south to build it to asphalt
standards instead of cement standards, and give
credit for Park Land Fees on 9 acres.
Amended motion by McDermott to uphold the
decision of the Planning Commission and first
reading of ordinance with the exception of deferment
on the requirement for the sidewalk allowing an
alternative for the first 2t0 feet from the mid section
line south to build it to asphalt standards instead of
cement standards to a date uncertain.
Friendly amendment to motion by Rowles to also
include direction to staff to begin formulating a
reimbursement agreement for the oversizing of the
waterline between the 16 inches and 12 inches.
ACTION TAKEN
NAT
APPROVED
NS ROWLES
Appeal by Joseph Doty of Board of Zoning Adjustment
approval of Conditional Use Permit P97-0782 to allow an
18-hole golf course with a 12,566 sq. ft. Clubhouse in
Open Space, Neighborhood Commercial, Single Family
Residential and Limited Multiple Family Residential Zone
Districts at 5201 Riverlakes Drive. (Ward 4)
City Clerk McCarthy announced appellant has withdrawn
appeal.
NAT
Resolution ordering the territory designated as
Annexation No. 395, Palm-Olive, Proceeding No. 1236,
south of Olive Drive between Fruitvale Avenue and
Coffee Road; south of Rosedale Highway, between
Jewetta Avenue and Allen Road and at the northwest
corner of Jewetta Avenue and Brimhall Road annexed to
the City of Bakersfield. (Ward 4)
Correspondence has been received from Brian Morrow,
James & Judy Corbett, Bruce & Kathleen Divelbiss and
Melvin Rolow in opposition to annexation.
Assistant to City Manager Darnell Haynes provided an
update.
Hearing opened 8:40 p.m.
Bakersfield, California, February 25, 1998 - Page 9
4,5
HEARINGS continued
The following individuals spoke in opposition of staff
recommendation:
John Kaiser, submitted petitions; Richard Pellerin; Jerry
Cotton; Marie Lott; Brian Morrow; Becky Kaiser; Jess
Serene; Beverly Hayden, provided written protest; Sheila
Plane, requested a written confirmation from City that
they would not be responsible for paying sewer trunk line
or lateral fees.
Hearing closed 9:01 p.m.
Mayor Price announce Council action on Hearings Item
d. will be deferred to the end of the Agenda.
ACTION TAKEN
Resolution adopting the Park Facilities Plan for the North
Bakersfield Recreation and Park District for parks located
within the City of Bakersfield. (Ward 4)
Hearing opened at 9:02 p.m,
Henry Agonia, General Manager of NOR Recreation
Parks District spoke in support of staff recommendation.
Hearing closed at 9:02 p.m.
Motion by McDermott to adopt resolution.
RES 25-98
APPROVED
10.
REPORTS
a. City Manager Report No. 2-98 regarding the Northeast
Bakersfield Water Supply Project.
Water Resources Manager Gene Bogart provided an
overview of the Northeast Bakersfield water Supply
Project.
Motion by Smith to accept report.
APPROVED
11. DEFERRED BUSINESS
None.
Bakersfield, California, February 25, 1998 - Page 10
NEW BUSINESS
Ordinance adding Section 16.28.170P., amending
Section 17.04.410 and repealing Section 17.08.180C. of
the Bakersfield Municipal Code relating to reversed
corner, key lots and fences.
Ordinance amending Section 17.08.170 of the
Bakersfield Municipal Code relating to yard
encroachments for carports, canopies and patios.
Motion by Rowles to refer Item 12.b. to Urban
Development Committee for review.
ACTION TAKEN
FR
APPROVED
Mayor Price announced a recess at 9:20 p.m. and reconvened
the meeting at 9:35 p.m.
HEARINGS continued
Resolution ordering the territory designated as
Annexation No. 395, Palm-Olive, Proceeding No. 1236,
south of Olive Drive between Fruitvale Avenue and
Coffee Road; south of Rosedale Highway, between
Jewetta Avenue and Allen Road and at the northwest
corner of Jewetta Avenue and Brimhall Road annexed to
the City of Bakersfield.
City Attorney Skousen announced that at this time it does not
appear that we have received sufficient protest to stop the
annexation or to require a vote for the annexation, however,
there are sufficient signatures that the Clerk needs time to vedfy,
count and compare the signatures with the list of property
owners and the assessed value of the property owners to be
assured of what that percentage is that has filed protests; and
recommends that Council action be deferred to the next Council
meeting to allow the Clerk time to verify the signatures and to
make it clear that the hearing has been closed and no further
protest can be heard.
Motion to defer Council action on Item 9. d. to the next
Council meeting to allow staff time to prepare the response.
Mayor Price announced to proceed with Council Statements and
defer Hearings Item d. to the end of the meeting.
NAT
Bakersfield, California, February 25, 1998- Page 11
13.
COUNCIL STATEMENTS
DeMond congratulated Chief Kelly and Fire Department Station
No. 1 staff for receiving the Historic Building Preservation and
Upgrade Award from the Downtown Business Association.
Carson invited everyone to celebrate Black History Month:
· Black History Parade, February 28, 1998, starting on 17~h
and 22"~ Streets; and
· Black Invention Museum will be at Bakersfield College
and East California Avenue Veterans Hall.
Salvaggio thanked staff on their quick response to help Louden
School.
Salvaggio referred to Public Works the issue of removing
the parking area on the north side of Panama Lane, before
intersection of Panama and Wible Road.
McDermott announced Centennial events:
· Grand Opening Parade, June 13, 1998;
· Maggie, Historical Play, March 19-22, 1998
McDermott thanked Public Works staff for their hard work during
the rain storms.
Sullivan suggested recognizing the person who suggested the
name for the Bakersfield Centennial Garden and suggested this
issue go to committee for review.
Sullivan referred to staff the feasibility of relocating the
clock tower back to the center of downtown and requested
staff report back with cost estimate, traffic and safety
issues, etc.
Mayor Price announced that for the first time in history the
Appeals Court Bench from Fresno visited Bakersfield to become
acquainted with our community. A lunch was hosted for them,
City and County officials. Mayor Price thanked Economic
Development Director Jake Wager and his staff for an excellent
tour.
Mayor Price announced he received a phone call from Tom
Myrtle, President, Step Two Plastics, who will be locating in
Bakersfield, and thanked staff for a job well done.
Mayor Price announced he did a ribbon cutting for MDS, who will
be employing 200 full and part time employees in the very near
future.
ACTION TAKEN
Bakersfield, California, February 25, 1998 - Page 12
13.
COUNCIL STATEMENTS continued
Mayor Price announced that he appreciates the County for
taking a positive step in the refuse situation by agreeing to leave
it on the tax rolls.
Mayor Price announced a recess at 10:00 p.m. and reconvened
at 10:05 p.m.
ACTION TAKEN
9. HEARINGS continued
Resolution ordering the territory designated as
Annexation No. 395, Palm-Olive, Proceeding No. 1236,
south of Olive Drive between Fruitvale Avenue and
Coffee Road; south of Rosedale Highway, between
Jewetta Avenue and Allen Road and at the northwest
corner of Jewetta Avenue and Brimhall Road annexed to
the City of Bakersfield.
City Clerk McCarthy announced upon review the documents
submitted in protest to the Palm-Olive Annexation, we find that
sufficient written protest were not filed. The protest were
insufficient by 12.7 percent, which does not equal the amount
required.
Motion by McDermott to adopt resolution ordering territory
annexed to the City of Bakersfield.
14. ADJOURNMENT
Motion by Rowles to adjourn at 10:12 p.m.
MAYOR B'O~/PRICE of the City of Bakersfield, CA
CITY CLERK and Ex Officio Clerl~of the Council
of the City of Bakersfield, CA
RES2~98
APPROVED
APPROVED