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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