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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