HomeMy WebLinkAbout06/10/1998 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 10, 1998
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
135
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson, DeMond,
Smith, McDermott, Sullivan (seated at 5:25 p.m.),
Salvaggio
Councilmember Rowles
ACTION TAKEN
WORKSHOP
a. Kern County Departments of Airports.
Kern County Director of Airports Ray Bishop provided an
overhead presentation and submitted written material.
Motion by DeMond to recess to Closed Session at 5:55 p.m.
APPROVED
AB ROWLES
CLOSED SESSION
a. Conference with Legal Counsel §54956.9(c) - Potential
Litigation, Initiation of litigation. One potential case.
INSTRUCTION TO
COUNSEL TO FILE
ABATEMENT ACTION
AGAINST CASA ROYAL
AND CHAPARRAL
MOTOR INN ON UNION
A VENUE
Conference with Legal Counsel §54956.9(a) - Existing
Litigation, Greater Bakersfield Separation of Grade
District vs. Wodd Oil Corp., Kern County Superior Court
Case No. 230162 RA
INSTRUCTION TO
COUNSEL
APPROVED
Motion by DeMond to adjourn from Closed Session at 6:20 AB ROWLES
p.m.
136
Bakersfield, California, June 10, 1998 - Page 2
REGULAR MEETING
INVOCATION by Rick Roper of First Assembly of (God Church
PLEDGE OF ALLEGIANCE by Andy Stewart, Troop 317
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
page 1.
PRESENTATIONS
Presentation by Mayor Price of a letter of commendation
to Kelli M. Shonafelt, Fire Dispatcher, for being chosen
"Emergency Medical Dispatcher of the Year".
Fire Chief Ron Fraze also presented Kelli M. Shonafelt
with a plaque.
PUBLIC STATEMENTS
Mel Rubin spoke regarding Arts Council funding and
provided written material.
Carson referred the Arts Council funding request to
the Budget and Finance Committee.
Renee Nelson spoke regarding the sidewalk on the 1300
block of Truxtun Avenue.
c. Thurman Chadwick spoke regarding annexations.
Donald Lora spoke regarding restricted traffic flow in
Downtown Bakersfield.
Larry Woertz spoke on behalf of Mr. Wilkins, and
requested an extension to clean-up property at 4000
White Lane.
Bakersfield, California, June 10, 1998 - Page 3
137
PUBLIC STATEMENTS continued
Kent Scott spoke regarding clean-up of property at 4000
White Lane.
Larry Bright spoke regarding speed bumps in Quailwood
area and submitted petitions.
Rowles requested that the petitions be forwarded to
staff and that this item be placed on the June 24~
agenda for reconsideration.
h. Robed Nycz spoke regarding speed bumps on
Quailwood Drive.
Elmer Gray spoke regarding speed bumps on Quailwood
Drive and provided written material.
ACTION TAKEN
APPOINTMENTS
a. One appointment to the Historic Preservation
Commission.
Motion by Rowles to appoint Anthony Ansolabehere,
term expiring March 30, 2002.
APPROVED
CONSENT CALENDAR
Minutes:
a. May 18, and May 20, 1998 Council Meetings.
Payments:
b. Payments from May 8, to May 29, 1998 in the amount of
$8,497,844.40; and Self Insurance payments from May
8, to May 29, 1998 in the amount of $185,881.70
Resolutions:
c. Resolution authorizing collection of Assessments for
District 97-1, Spring Meadows II/Stockdale Highway
Commercial by the Kern County Tax Collector.
ROWLES ABSTAINED
DUE TO CONFLICT
RES 73-98
Resolution in suppod of obtaining surplus State funding RES 74-98
toward completion of the Kern River Parkway Project.
Bakersfield, California, June 10, 1998 - Page 4
CONSENT CALENDAR continued
e. Bakersfield Centennial Garden Arena: (Ward 2)
Resolution determining that Fall Protectio~ Safety
System for the Bakersfield Centennial!Garden
Arena cannot be reasonably obtained thrOugh the
usual bidding procedures and authorizing the
Finance Director to dispense with bidding, not to
exceed $95,000.
Transfer $95,000 from Construction Contingency
to the Arena Project Account.
Resolution approving a Memorandum of UnderStanding
for the employees of the Association of Bakersfield
Police Officers for salaries and related benefits, and
adopting salary schedule.
Agmemen~:
g. Tract Maps/Improvement Agreements:
View Wall Improvement Agreement, Tract 5877
Phase D, with Castle & Cooke California Inc., for
completion of wall located along Ming Avenue,
west of Old River Road. (Ward 4)
Final Map and Improvement Agreement with Kyle
Carter Homes, Inc. for Tract 5688 Phase K,
located north of Harris Road and west of Stine
Road. (Ward 6)
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract 5877
Phase C, located north of Ming Avenue and west
of Old River Road. (ward 4)
Improvement Agreement with Fruitvale
Properties, LLC for Parcel Map 10368 Phase 1,
located north of Hageman Road, west Of Coffee
Road. (Ward 4)
Purchase agreement with Rayburn S. Dezember and
Joan L. Dezember, Trustees of the Rayburn S.
Dezember and Joan L. Dezember Trust of 1977-J.L.D.,
to acquire real property located at 629 16th Street for
$91,000. (Ward 2)
ROWLES ABSTAINED
DUE TO CONFLICT
RES 75-98
AGR 98-207
RES 7~98
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 98-120
AGR 98-121
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 98-122
AGR 98-123
AGR 98-124
DEED 4891
Bakersfield, California, June 10, 1998 - Page 5
139
CONSENT CALENDAR continued
Construction and Reimbursement Agreement with
Hopper Properties, UP., for traffic signal and landscaped
median island at Rosedale Highway and Main Plaza
Drive. (Ward 4)
Agreements regarding southeast corner of Rosedale
Highway and El Tom Viejo, new Sonic Burger Restaurant
and relocation of existing State sump and transfer of title
and maintenance responsibilities for sump to City of
Bakersfield. (Ward 4)
Agreement with Consumer Science Corporation
dba Sonic Burger for payment of all costs
associated with transfer of State sump to the City
of Bakersfield.
Cooperative Agreement with State of California
Depadment of Transportation for construction
and transfer of State sump to the City of
Bakersfield.
k. N Street Grade Crossing: (Ward 1)
Agreement with the Burlington Northern and
Santa Fe Railway Company for renewal of the
four tracks through the N Street Road Crossing.
Appropriate $85,000 State and Local
Transportation Partnership Program
Reimbursement to the Capital Improvement
Budget within the Gas Tax Fund.
Amendment No. 4 to Agreement No. 96-85 with the
consulting firm of AGRA Earth & Environmental,
extending the term of the agreement providing
construction inspection services to the City.
Construction Inspection Services Agreements for
inspection services for public works projects with:
1. Martin-Mcintosh, not to exceed $50,000.
2. T.W. Collins Associates, not to exceed $50,000.
3. Taber Consultants, not to exceed $100,000.
ACTION TAKEN
AGR 98-125
AGR 98-126
AGR 98-127
DEED 4895
AGR 98-128
AGR 96.85(4)
AGR 98-129
AGR 98-130
AGR 98.~31
140
Bakersfield, California, June 10, 1998 - Page 6
CONSENT CALENDAR continued
Consultant Agreements for on-call civil engineering
services for public works projects during Fiscal Years
1998/99 and 1999/00 with:
Porter-Robertson Engineering and Surveying,
Inc., not to exceed $150,000.
2. QUAD-Knopf, Inc., not to exceed $150,000.
Ruettgers & Schuler Civil Engineers, not to
exceed $150.00Q
Agreement with Castle & Cooke Homes, Inc. for
construction of roadway improvements on Stockdale
Highway at Calloway Drive. (Ward 4)
p. Bakersfield Centennial Garden: (Ward 2)
Contract Change Order No. 8 to Convention
Center Expansion Project Agreement No. 97-76
with PCL Construction Company for construction
of millwork and grills at various locations,
$29,826; Sewer line modifications in existing
Convention Center $7,500; the addition of eight
water shut off valves at various locations $5,656;
and the addition of ice floor sensor conduit,
$3,600, total $46,582.
Appropriate $30,000 suite upgrade
reimbursements and transfer $15,000
Construction Contingency to the Capital Budget
in the Arena Project Fund.
q. Sale of City Owned real property: (ward 3)
Purchase Agreement with Jack & Anne
Bouguennel for property at 3900 Panorama
Drive.
Purchase Agreement with Arvin & Judy Klarich
for property at 3800 Panorama Drive.
Bids:
ACTION TAKEN
AGR 98-132
AGR 98-133
AGR 98-134
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 98-135
AGR 98-136
DEED 4892
AGR 98-137
DEED 4893
r. Award contract to Garcia Roofing, Inc., $95,800, to reroof CON 98-138
Convention Center Dome.
Bakersfield, California, June 10, 1998 - Page 7
141
CONSENT CALENDAR continued
Award annual contract to Sturgeon & Son, Inc., not to
exceed $525,977.20, unit price comparison only, for
earthmoving and hauling.
Award contract to Loop Electric Company, $65,351, for
traffic signal and lighting system installation on Planz
Road at Sandra Drive. (Ward 1)
Accept bid from South Coast Fire EquipmentJPierce,
$595,209, for a replacement 100 foot Tractor Drawn
Aerial Firefighting Unit.
Accept bid from Roadline Products Inc., U.S.A.,
$63,441.59, for replacement Super Duty Stencil Truck for
the General Services Division.
Miscellaneous:
Revised Job Specifications: Sewer Maintainer II and
Sewer Maintainer Ill.
Revised Job Specifications: Director of Recreation and
Parks; Assistant Director of Recreation and Parks.
Authorize the Finance Director to forward to a collection
agency, accounts receivable in various funds totaling
$136,383.83.
Appropriate $1.705 million Proposition 116 monies to the
Capital Improvement Budget within the AMTRAK Railway
Fund. (Ward 2)
aa.
Purchase of street lights in the amount of $36,036 from
McKee Electric for the Q Street Grade Separation Project
and the AMTRAK Station parking lot.
Rowles announced abstention from Consent Calendar
Items 8.c., g 1. & 3., and o., due to source of income to
employer and 8.e. I . & 2., p. 1. & 2., due to employer
participation.
ACTION TAKEN
CON 98-139
CON 98-140
Motion by Rowles to adopt Consent Calendar Items
a. through aa. APPROVED
142
Bakersfield, California, June 10, 1998 - Page 8
HEARINGS
Protest hearing to consider Residential Refuse Service
Rate Adjustments for Fiscal Year 1998/99.
City Clerk McCarthy announced 59,000 notices were
mailed on April 23, 1998; and by 5:00 p.m. this date, 75
protest were received opposing the rate increase and 2
letters were received in support of the rate increase.
Hearing opened 7:40 p.m.
The following individuals spoke in opposition of
residential refuse service rate adjustments: Arthur
Doland, Madlynne Meystrik, Virginia Withams, Philoc
Nguyen, Edith Rogers, Richard Pellerin, Jack Handruff,
Barbara Fowler, Becky Kaiser, submitted written
material, Don Lora and John Frassel, submitted written
material.
Hearing closed 8:13 p.m.
Rowles requested staff contact John Frassel and
respond to his concerns.
Rowles directed staff to prepare an analysis of how
the revenues could be matched through the sale of
Panorama homes beyond the initial commitments to
help offset the costs of the landfill at a future date.
Motion by Rowles to not adopt the resolution,
maintain the residential refuse rate at $134.00, with
additional support information back to Council as
soon as possible to be confirmed in the budget
conclusion hearing in two weeks.
Mayor Priced recessed the meeting at 8:55 p.m. and
reconvened at 9:05 p.m.
ACTION TAKEN
APPROVED
Public hearing to consider Commercial Refuse Rate
Adjustment for Fiscal Year 1998/99.
Hearing opened at 9:05 p.m.
No one spoke at hearing
Hearing closed at 9:05 p.m.
Motion by McDermott to maintain current rates.
APPROVED
Bakersfield, California, June 10, 1998 - Page 9
HEARINGS continued
Protest hearing as required by Resolution of Intention
No. 1172 to hear protests regarding the street
assessments; adopt the Resolution approving the Public
Works Director's Report for the Consolidated
Maintenance District and the 1998/99 Budget; confirming
the street landscaping assessments and authorizing
collection of assessments by the Kern County Tax
Collector.
City Clerk McCarthy announced 21,138 notices were
mailed on April 23, 1998; by 5:00 p.m. this date 3 protest
were received opposing the rate increase and 1 letter
was received in support of the rate increase.
Hearing opened at 9:07 p.m.
No one spoke at hearing.
Hearing Closed at 9:07 p.m.
Motion by McDermott to adopt resolution.
ACTION TAKEN
RES 77-98
APPROVED
NS ROWLES
Protest hearing as required by Resolution of Intention
No. 1173 to hear protests regarding the park
assessments; adopt the Resolution approving the Public
Works Director's Report for the Consolidated
Maintenance District and the 1998/99 Budget; confirming
the park landscaping assessments and authorizing
collection of assessments by the Kern County Tax
Collector.
City Clerk McCarthy announced 21,138 notices were
mailed on April 23, 1998; by 5:00 p.m. this date 3 protest
were received opposing the rate increase and 1 letter
was received in support of the rate increase.
Hearing opened at 9:08 p.m.
Greg Palla spoke in opposition of the park assessment
for a specific parcel of property.
Hearing Closed at 9:07 p.m.
Motion by DeMond to override protests and adopt
the resolution.
RES 78~98
APPROVED
NS ROWLES
MCDERMOTT
SALVAGGIO
144
10.
Bakersfield, California, June 10, 1998 - Page 10
HEARINGS continued
e. Public hearing for the proposed FY 1998-99 Operating,
Central District Development Agency (CDDA) and
Capital Improvement Program (ClP) Budgets.
Hearing opened at 9:15 p.m.
No one spoke at hearing
Hearing closed at 9:15 p.m.
Public hearing as required by Resolution of Intention No.
1174 to hear public testimony regarding the assessments
for three Traffic Signal Maintenance Districts. (Ward 4)
Hearing opened at 9:16 p.m.
No one spoke at hearing
Hearing closed at 9:16 p.m.
Protest Hearing for proposed Assessment District No.
96-2, Allen Road Trunk Sewer, as required by Municipal
Improvement Act. (Ward 4)
1.
Resolution ordering certain changes and
modifications to the Engineer's Report.
2. Resolution overruling and denying protests and
making certain findings.
3. Resolution confirming the assessments,
approving the Engineer's Repod and designating
the Kern County Tax Collector to collect money.
City Clerk McCarthy announce one letter was received in
opposition.
George McFarland, Bond Counsel for this District,
provided clarification
Motion by McDermott to adopt resolutions.
REPORTS
None.
ACTION TAKEN
NAT
NAT
RES 79-98
RES 80-98
RES 81-98
APPROVED
Bakersfield, California, June 10, 1998 - Page 11
145
11.
DEFERRED BUSINESS
Ordinance adding Annexation No. 396 to Ward 4, located
at the nodhwest corner of Stockdale Highway and Allen
Road. (First Reading May 20, 1998) (Ward 4)
Ordinance amending Subsection A.3.b.iv. of Section
15.66.030 of Title 15 of the Bakersfield Municipal Code
relating to Drilling and Production of Petroleum. (First
reading May 20, 1998) (Ward 4)
Ordinance adding the Pierce Road No. 2 Annexation
area to Ward 5 and modifying the legal description for
Ward 2, located south of Freeway 99 and Golden State
Highway interchange. (First reading March 25, 1998)
(Wards 2, 5)
Motion by McDermott to adopt ordinances a. through
c. of Deferred Business.
ACTION TAKEN
ORD 3848
ORD 3849
ORD 3850
APPROVED
12.
NEW BUSINESS
Clean-up legislation - three ordinance amending the
Bakersfield Municipal Code:
Ordinance amending Chapter 2.51 relating to
Creation of Department of Recreation and Parks.
Ordinance amending Chapter 2.52 relating to
Bakersfield Centennial Garden and Convention
Center.
Ordinance amending Chapter 8.16040 relating to
Ice Cream Vendors.
FR
FR
FR
Ordinance amending Title Seventeen of the Bakersfield
Municipal Code and Zoning Map No. 102-34 by changing
the zoning of 1.6 acres from a Planned Commercial
Development (PCD) zone to a Regional Commercial (C-
2) zone; and on 15.6 acres PCD zone to a Revised PCD
zone, located on the northeast corner of Stockdale
Highway and California Avenue. (Ward 5)
Development Director Jack Hardisty provided a brief
update.
Mayor Price recognized Tom Fallgatter, who requested
clarification of the resolution.
FR
146
Bakersfield, California, June 10, 1998 - Page 12
Mayor Price recognized City Attorney Judy Skousen, who
announced this was her last meeting and thanked the Council for
the opportunity to work with them and the City of Bakersfield.
ACTION TAKEN
13.
COUNCIL STATEMENTS
McDermott thanked City Attorney Judy Skousen for her service
to the City of Bakersfield.
McDermott provided Centennial update:
· The Centennial Medallion Program has been introduced.
· June 18, 1998 - Centennial Street Faire.
· June 28, 1998 - What a Night for Sports event.
· June 29, 1998 - Jeff Buckey Golf Tournment.
July 10, 1998 - Brick Sponsors' Night
DeMond referred to the Public Works Department names of
citizen's that say they did not receive notice of the refuse
hearing.
DeMond requested staff provide her with information
regarding the 17~h Street Survey.
Sullivan extended her appreciation to City Attorney Judy
Skousen and wished her well.
Sullivan thanked the Centennial Ball Staff for their hard work.
Salvaggio thanked Assistant Police Chief Eric Matlock and
Sergeant Ennis for their services.
Salvaggio thanked Police Chief Steve Brummer for his
assistance.
Salvaggio thanked City Attorney Judy Skousen for her hard work
and services to the City of Bakersfield.
Carson thanked Mayor Price for the Proclamation for Bernice
King, daughter of the late Martin Luther King; she thanked Alan
Tandy and his wife and Jacquie Sullivan for their attendance at
the dinner.
Carson thanked City Attorney Judy Skousen for her services to
the City of Bakersfield.
DeMond announced the All America City Team will be leaving on
Wednesday to Mobile for the competition and requested that
Mayor Price attend this ceremony.
Bakersfield, California, June 10, 1998- Page 13
13. COUNCIL STATEMENTS continued
Rowles thanked Police Chief Brummer for the Quailwood area
enforcement.
Rowles requested additional enforcement at Hesketh Street
in Park Stockdale area.
14. ADJOURNMENT
Motion by Rowles to adjourn at 9:45 p.m.
MAY(3F~BOB ~PRICE of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk ~f the Council
of the City of Bakersfield, CA
ACTIONTAKEN
APPROVED
147