HomeMy WebLinkAbout07/15/1998 MINUTES CC165
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 15, 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 Carson, DeMond
Smith (seated at 5:30 p.m.), McDermott, Sullivan
(seated at 5:30 p.m.) Salvaggio (Seated at 5:20
p.m.)
Councilmember Rowles
ACTION TAKEN
WORKSHOP
a. Woodwaste/Greenwaste Site.
Public Works Director Raul Rojas provided a brief update
and introduced Solid Waste Superintendent Howard
Morris who provided an overhead presentation.
Recreation and Parks' Citizen Survey Results
Recreation and Parks Director Start Ford provided a brief
update and introduced Dr. Neighberg and Dr. Heck from
Cal State University Bakersfield who submitted an
Executive Summary and made a brief presentation.
CLOSED SESSION
Motion by DeMond to add a Closed Session Item d. that
arose after the agenda was posted and requires action
tonight.
Motion by DeMond to adjourn to Closed Session at 5:50
p.m.
Conference with Legal Counsel §54956.9(a) - Existing
Litigation
Christine Hankins vs. City of Bakersfield
Kern County Superior Court Case No. 234393.AEW
APPROVED
AB ROWLES
APPROVED
AB ROWLES
INSTRUCTION TO
CITY ATTORNE¥
166
Bakersfield, California, July 15, 1998 - Page 2
CLOSED SESSION continued
Conference with Legal Counsel §54956.9(a) - Existing
Litigation; Robert Fosse vs City of Bakersfield; Kern
County Superior Court Case No. 234048 NFT; Fifth
District Court of Appeals Case No. F029523
Conference with Legal Counsel §54956.9(a) - Existing
Litigation; City of Bakersfield vs. Burlington Northern
Santa Fe Railroad Company; Public Utilities Commission
Case No. 98-02-048
Conference with Real Property Negotiator §54956.8
regarding land acquisition for the expansion of
Wastewater Treatment Plant No. 2
ACTION TAKEN
INSTRUCTION TO
CITY ATTORNEY
INSTRUCTION TO
STAFF
INSTRUCTION TO
STAFF
Motion by Carson to adjourn from Closed Session at
6:35 p.m.
APPROVED
AB ROWLES
REGULAR MEETING
INVOCATION by Bishop Gaylen Young, The Church of Jesus
Christ of Latter-Day Saints
PLEDGE OF ALLEGIANCE by Roman Fabela, Tobacco Free
Youth Coalition.
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
pages 1 and 2.
PRESENTATIONS
Mayor Price introduced Laura Sniderman, the new Executive
Vice President, of the Building Industry Association.
Bakersfield, California, July 15, 1998 - Page 3
167
PUBLIC STATEMENTS
Frank Allen, West Valley Construction, spoke regarding
Union Avenue Annexation No. 10 water project award.
Ayodeji Ogundane spoke regarding the Benton/Planz lift
station, Consent Calendar Item x.
Chris Gonzales spoke regarding public school access,
zoning and legal process pertaining to 4000 White Lane
and submitted written material.
Sullivan stated she has already arranged to meet
with staff regarding Chris Gonzales concerns and
will be getting back to him.
Suzi Guest spoke regarding the need for a night-time
animal control officer patrolling City streets.
DeMond directed staff to meet with Suzi Guest to
provide assistance with the current animal problems;
and study the feasibility of providing an SPCA officer
during night hours.
Ryan Buck spoke regarding disobedience of leash laws
causing danger to people and animals.
The following individuals spoke regarding Self Service
Display Ban for Tobacco Products: Dr. John Diggs and
members of the Tobacco Free Coalition; Scarlet Sabin;
Bonnie Mahan; Rita R. Barraza; Cecilia Garcia; and
Loren Hall and provided T-Shirts and written material.
Carson referred the Tobacco Free Coalition report to
the Legislative and Litigation Committee.
The following individuals spoke regarding annexations:
Linda Wilson, opposing Olive Drive No. 4 annexation and
submitted petitions; Harold Sugden; Barbara Fields;
Barbara Fowler; Stuart Baugher; and Richard Pellerin.
APPOINTMENTS
One appointment to the Central District Development
Agency.
Correspondence has been received from Mike George
dated July 15, 1998, withdrawing his application for
appointment to the Central District Development Agency
due to a conflict.
ACTION TAKEN
NAT
168
Bakersfield, California, July 15, 1998 - Page 4
CONSENTCALENDAR
Minutes:
a. June 24, 1998 Council Meeting.
Payments:
Payments from June 13, to July 2, 1998 in the amount of
$9,551,674.50; and Self Insurance payments from June
13, to July 2, 1998 in the amount of $460,636.69.
Resolutions:
c. Assessment District 96-2, Allen Road Trunk Sewer:
Resolution determining assessments remaining
unpaid.
2. Resolution authorizing issuance of bonds.
Resolution approving form and substance of
Preliminary official statement and Bond Purchase
Contract, authorizing modifications thereto,
authorizing execution thereof and authorizing
related documents and actions.
Resolution of Endorsement for Establishment of the
Golden Sate Museum.
Resolution authorizing collection of assessments by the
Kern County Tax Collector for abatement of public
nuisances, demolitions, or for structures that have been
secured against entry.
Amendment No. 1 to Resolution 183-97 canceling the
December 2, and December 16, 1998 Council meetings
and adding December 9, 1998.
g. Budget Amendments:
Amendment No. 1 to Resolution No. 94-98
approving and adopting the City of Bakersfield
Operating and Capital Improvement Budget for
Fiscal Year 1998/99.
Amendment No. I to Resolution No. 95-98
approving and adopting the Central District
Development Agency Budgets for the City of
Bakersfield for Fiscal Year 1998/99.
ACTION TAKEN
RES9~98
RES9~98
RES9~98
CON98-159
RES9~98
RESI00-98
RES 183-97(1)
RES 94-98(1)
RES 95-98(1)
169
Bakersfield, California, July 15, 1998 - Page 5
CONSENT CALENDAR continued
Agreements:
h. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements with
Kyle Carter Homes, Inc., for Tract 5418 Unit 5,
located east of Verdugo Lane and north of
Noriega Road.(Ward 4)
Final Map and Improvement Agreement with
Coleman Homes, Inc., for Tract 5479 Unit 2,
located west of Coffee Road and south of Olive
Drive. (Ward 5)
Consultant agreements with Paul Sundberg and Robert
Amos to continue work on Geographic Information
System base map.
Consultant's Agreement, $378,000, with Rossetti
Associates Incorporated for architectural and engineering
design services on the Bakersfield AMTRAK Station.
(Ward 2)
Agreement with QUAD-KNOPF to prepare the necessary
environmental impact reports for two proposed
redevelopment project areas known as the Southeast
Bakersfield Project Area and the Old Town Kern -
Pioneer Project Area. (Wards 1,2)
City Attorney Recruitment:
Contract with Norman Roberts and Associates,
$15,000, to assist City Council in the recruitment
and screening for the City Attorney position.
Agreements with the State of California, Department of
Transportation for:
Traffic Signal installation on Planz Road and
Sandra Drive. (Ward 7)
Traffic signal interconnection on Truxtun Avenue
from N Street to Beale Avenue. (Ward 2)
Amendment No. 1 to Agreement No. 97-109 with
Restoration Community Project Inc., for an additional
$30,000 in HOME funds to rehabilitate 725 and 721 8t"
Street. (Ward l)
ACTION TAKEN
AGR 98-160
AGR 98-161
AGR 98-162
AGR 98-163
AGR 98-164
AGR 98-165
AGR 98-166
AGR 98-167
AGR 98-168
AGR 98-169
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 97-109(1)
170
Bakersfield, California, July 15, 1998 - Page 6
CONSENT CALENDAR continued
Amendment No. 1 to Agreement No. 97-198 with
Engineered Communities, Inc., for additional funds for
fees associated with the construction of single-family
homes on properties purchased through tax defaulted
process.
Amendment No. 2 to Agreement No. 97-140 with
Tiburon, Inc., $96,580, for software maintenance on the
Computer Aided Dispatch System and for Records
Management System from July 1, 1998 through June 30,
1999.
Amendment No. 4 to Agreement No. 83-108 with Abrams
Family Trust, for Parcel A of Lot Line Adjustment P98-
0128, located at 6251 Truxtun Avenue. (Ward 4)
Agreement with the Housing Authority of the County of
Kern, a public housing authority, for additional police,
crime prevention and protective services. The
agreement provides for the reimbursement of $27,792 for
these additional services over a period of 18 months
commencing July 1, 1998.
s. Agreements with Kern County for:
Shared Cost of Operating the Green Wood
Waste Diversion Program.
Shared Cost of Operating the Drop-Off Recycling
Diversion Program. (Wards 1.2, 3, 4, 6, 7)
Agreement with Carl Trejo to acquire city owned real
property at 3804 Panorama Drive. (Ward 3)
Contract Change Order No. 10 to the Convention Center
Expansion Project Agreement No. 97-76 for the
construction of additional concession/commissary
plumbing, $31,926. (Ward 2)
Bids:
Award contract to F.S.E. Incorporated, $51,090.98, to
furnish and install a replacement dishwasher at the
Convention Center.
Award contract to W.M. Lytes Company, $397,045, for
installation of new domestic water mains, fire hydrants
and fire hydrant upgrades in Union Avenue No. 10
Annexation area. (Wards 1, 2)
ACTION TAKEN
AGR 97-198(1)
AGR 97-140(2)
AGR 83-108(4)
AGR 98-170
AGR 98-171
AGR 98-172
AGR 98.173
DEED 4921
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 98.174
REMOVED FOR
SEPARATE
CONSIDERATION
171
Bakersfield, California, July 15, 1998 - Page 7
CONSENT CALENDAR continued
Award contract to W.M. Lyles, $265,670, for the
construction of Planz Road and Benton Street Sewer Lift
Station, and appropriation of $89,670 fund balance to the
Public Works Capital Improvement Budget within the
Sewer Enterprise Fund. (Ward 7)
y. Allen Road Trunk Sewer: (Ward 4)
Award contract to Utah Pacific Construction,
$7,654,476, for the construction of Allen Road
Trunk Sewer, Buena Vista Road to Palm Avenue.
(Award of bid contingent upon sale of
assessment district bonds)
Appropriate $4,313,000 County share,
$1,498.000 Developer share, and $2,609,000
Fund Balance within the Sewer Enterprise Fund.
Accept bids from Burst Communications, 14 items,
$129,498.59; Digital Production Resource, 13 items,
$105,429.92; and Enders & Associates, 1 item, $5,071;
for Centennial Garden video production equipment
totaling $239,999.51 and appropriate $200,000, Capital
Outlay Fund Balance, $15,000 Industrial Development
bond fees and $25,000 interest earnings to the Arena
Project Fund.
Miscellaneous:
aa.
Amendment No. 3 to FY 97/98, Amendment No. 8 to FY
96/97 and Amendment No. 9 to FY 95/96 Action Plans to
include improvements to Martin Luther King Jr.
Community Facility, Bakersfield Senior Center and El
Toro Street Improvement. (Ward 1)
Rowles announced abstention on Consent Calendar
Item n. due to source of income to employer; Items u.
and z. due to employer participation in process.
Motion by Rowles to adopt Consent Calendar Items
a. through aa, with the deletion of Item y. and with
separate consideration of Items w. and x.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
DELETED
ROWLES ABSTAINED
DUE TO CONFLICT
APPROVED
1'72
Bakersfield, California, July 15, 1998 - Page 8
CONSENT CALENDAR continued
Award contract to W.M Lyles Company, $397,045, for
installation of new domestic water mains, fire hydrants
and fire hydrant upgrades in Union Avenue No. 10
Annexation area. (Wards 1, 2)
Motion by McDermott to reject all bids.
Award contract to W.M. Lyles, $265,670, for the
construction of Planz Road and Benton Street Sewer Lift
Station, and appropriation of $89,670 fund balance to the
Public Works Capital Improvement Budget within the
Sewer Enterprise Fund. (Ward 7)
Motion by DeMond to approve and award low
responsible bid to W.M. Lyles.
ACTION TAKEN
APPROVED
NS SALVAGGIO
CON 98-175
APPROVED
NS CARSON
HEARINGS
Public hearing as required by Resolution of Intention No.
1175 declaring the City's intention to order the
establishment of Underground Utility District No. 2,
Division 26, Q Street. (Ward 2)
Hearing opened at 8:10 p.m.
No one spoke at hearing.
Hearing closed at 8:10 p.m.
Motion by DeMond to adopt resolution establishing
Underground Utility District No. 2, Division 26.
Resolution confirming the report of the Chief Code
Enforcement officer regarding assessments of certain
properties in the City of Bakersfield for which structures
have been secured against entry or for the abatement of
certain weeds, debris and waste matter.
Development Services Director Jack Hardisty stated the
property owners have paid the assessments for Nos. 14
and 15, properties at 230 and 232 Hoover and will be
removed from the list,
Hearing opened at 8:13 p.m.
Fakhruddin Shakir, 5801 Willow Grove, spoke in
opposition of staff recommendation.
RES 101-98
APPROVED
RES 102-98
Bakersfield, California, July 15, 1998 - Page 9
17B
HEARINGS continued
Hearing closed at 8:14 p.m.
Motion by Smith to adopt the resolution as amended.
c. Ordinances amending the Bakersfield Municipal Code:
Ordinance amending Chapter 12.20, Subsections
12.20.020 and 12.20.030 relating to
encroachments.
Ordinance amending Chapter 9.16 relating to
drinking on the street.
Correspondence has been received from the Downtown
Business & Property Owners' Association dated July 10,
1998 regarding the ordinances relating to encroachments
and drinking on the street.
Chief Assistant City Attorney Bob Sherry provided an
update.
Hearing opened at 8:20 p.m.
Kenneth Reed, Owner of Guthrie's Alley Cat, spoke in
support of staff recommendation.
The following individuals spoke in opposition of staff
recommendation: Becky Katsantonis, Owner of Goose
Loonies; and Ken Katsantonis, Owner of Goose Loonies,
Motion by DeMond to give first reading to the
ordinances and finding the ordinance exempt from
CEQA; with the following changes to the Staff
ordinance regarding encroachments:
· ...no liquor after midnight.. be changed
to_after 10:00 p.m.;
· ...4 feet height minimum - to include grand
fathering existing structures with the
condition that any additions to the same
structure must meet all conditions of the
ordinances being considered tonight, which
is a minimum of 48 inches, removable within
48 hours;
· to allow glass containers;
removing barrier requirements for food
service only from Section C.
ACTIONTAKEN
APPROVED
FR
FR
APPROVED
174
Bakersfield, California, July 15, 1998 - Page 10
10.
11.
REPORTS
a. Legislative and Litigation Committee Reports:
1. Majority Report No. 2-98 regarding Massage
Parlor Ordinance.
2. Minority Report No. 3-98 regarding Massage
Parlor Ordinance.
Motion by Carson to receive and accept reports.
Motion by Sullivan to take action on majority report.
DEFERRED BUSINESS
a. Allen Road Planned Sewer Area: (Ward 4)
Ordinance amending Subsection E. of Section
16.32.060 of the Bakersfield Municipal Code
relative to fees for construction of Planned
Sanitary Sewer Facilities pursuant to adopted
plans, or connections to Sanitary Sewer
Facilities, and adding reference to plans adopted
for Allen Road Planned Sewer Area. (First
reading June 24, 1998)
Resolution adopting the Allen Road Planned
Sewer Area and making findings relative thereto.
Motion by McDermott to adopt ordinance and
resolution.
ACTION TAKEN
APPROVED
APPROVED
NS CARSON
ORD 3854
RES 103-98
APPROVED
AB CARSON
12.
NEW BUSINESS
Ordinance repealing Section 3.20.065 and substituting a
new Section 3.20.065 and amending Subsection C of
Section 3.20.068 of the Bakersfield Municipal Code
relating to the determination of responsible bidders and
bid protest.
Ordinance amending Chapters 17.46, 17.47 and 15.67
of the Bakersfield Municipal Code relating to the Drilling
Island District, Petroleum Extraction Combining District,
Oil and Gas Production zones and Unrestricted Oil and
Gas Production in Industrial zones. (Wards 4, 5)
FR
FR
Bakersfield, California, July 15, 1998 - Page 11
175
12.
NEW BUSINESS continued
Ordinance adding Annexation No. 398 to Ward 7, located
west of Freeway 99, north and south of Panama Lane.
(Ward 7)
Proposed amendment by Kern County Planning
Department, of the Kern River Plan Element from
Resources Management-Flood Hazard, 20 acre
minimum to Residential-Flood Hazard, 2 ¼ acre
minimum, located on 7.71 acres at 5750 Alfred Harrell
Highway, west of Goodmanville Access Road and north
of Shadow Hills Drive; and Zone Change permitting 2 ½
acres residential lots.
Motion by Smith to authorize Mayor to transmit a
letter to Kern County Board of Supervisors with no
objections to the amendments and zone change,
subject to the proposed mitigation measures.
ACTION TAKEN
FR
APPROVED
AB CARSON
13.
COUNCILSTATEMENTS
McDermott referred to staff and the Urban Development
Committee the review of the equestrian trails plan in the
vicinity of Jewetta Road freeway alignment to Allen Road.
McDermott provided Centennial update:
· July 16, 1998 - Final 100 Jet Pattern for the Centennial
Fountain, at 10:30 a.m.
· The direction of the bricks will changed to face outward;
bricks aro still available for sale.
· July 18, 1998 - Hot Cars Under the Stars event at Mesa
Marin.
· September 10, 1998 - Heros' Event
· September 19, 1998 - Island Fast for Centennial
Carson requested Police Chief Brummer provide an updated
report regarding drive-by shootings and action taken.
Smith thanked Councilmember McDermott for his great
leadership regarding the Centennial Plaza.
Smith thanked Fire Chief Fraze for the great job the fire
department is doing in fire prevention.
DeMond stated staff at KMC has expressed to her they
appreciated the attitude of officers in dealing with citizens and
asked that this positive comment be forwarded to Police Chief
Brummer.
Bakersfield, California, July 15, 1998 - Page 12
13.
COUNCIL STATEMENTS continued
Sullivan expressed the Centennial Plaza opening was very
enjoyable.
Sullivan thanked Fire Chief Fraze and Fire Fighters for a great
4th of July Fireworks display at Mesa Marin.
Sullivan stated she will be meeting with Jack Hardisty on Friday
to discuss additional concerns regarding Mr. Wilkins property on
White Lane.
14. ADJOURNMENT
Motion by Rowles to adjourn at 9:30 p.m.
M~AYOR ~OB PRI~ of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk ~ the Counci
of the City of Bakersfield, CA
ACTION TAKEN
APPROVED