HomeMy WebLinkAbout08/12/1998 MINUTES CC3Ai ~
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 12, 1998
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
177
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles
(seated at 5:25 p.m.), Carson, DeMond,
Smith, McDermott, Salvaggio
Councilmember Sullivan
ACTION TAKEN
2. WORKSHOP
a. Review of Ward Reapportionment Process
Development Services Director Jack Hardisty
provided a brief overview and introduced G.I.S
Coordinator Juan Tobar and Assistant Planner Dave
Dow who gave a computer presentation and provided
written material.
McDermott requested the percentage of the
optimal be included in the pop up screens.
Salvaggio recommended any discussions and
deliberations on reapportionment of the wards be
done in public.
McDermott requested staff review the issue of
ethnic distribution; the timing for implementation
and asked staff to provide a recommendation.
Carson requested a copy of the last court ruling
regarding boundaries and apportionments
regarding the ethnic distribution.
Motion by Rowles to adjourn to Closed Session
at 5:35 p.m.
APPROVED
AB SULLIVAN
CLOSED SESSION
a. Conference with Legal Counsel §54956.9 (b) -
Potential Litigation. Significant exposure to litigation.
One potential case.
DIRECTION TO
STAFF
178
Bakersfield, California, August 12, 1998 - Page 2
CLOSED SESSION continued
Conference with Legal Counsel §54956.9 (a) -
Existing Litigation, Greater Bakersfield Separation of
Grade District vs. World Oil Corp., Kern County
Superior Court Case No. 230162 RA
Conference with Legal Counsel §54956.9 (a)
Existing Litigation, Palm/Olive Concerned Citizens vs.
City of Bakersfield, Kern County Superior Court Case
No. 236109
Motion by Salvaggio to adjourn from Closed Session at
6:44 p.m.
ACTION TAKEN
COUNCIL RECEIVED
UPDATE
COUNCIL RECEIVED
UPDATE
APPROVED
AB SULLIVAN
REGULAR MEETING
INVOCATION by Dave Woodruff, First Assembly of God
Church
PLEDGE OF ALLEGIANCE by Mayor Price
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles,
Carson, DeMond, Smith, McDermott,
Salvaggio
Councilmember Sullivan
CLOSED SESSION ACTION
Mayor Pdce announced Closed Session Action as reflected
on pages 1 and 2.
ACTION TAKEN
PRESENTATIONS
Mayor Price announced remodeled changes to the
Chambers.
Mayor Price announced Deferred Business Item 9.b. has
been deleted at the request of the applicant.
Motion by Rowles to add Consent Calendar Item If. as an
item that arose after the agenda was posted and
requires action tonight.
Resolution dispensing with bidding procedures due to
emergency repairs of two 48 inch metal pipes and
street repairs on South H Street, south of Planz
Road. (Ward 7)
APPROVED
AB SULLIVAN
Bakersfield, California, August 12, 1998 - Page 3
179
PRESENTATIONS continued
1. Appropriate $60,000 fund balance to the
Streets Division Operating Budget within the
Sewer Enterprise Fund.
ACTION TAKEN
PUBLIC STATEMENTS
Roger Mcintosh, Member of the Board of Directors
Rotary Americans' Valley Fever Foundation spoke
regarding Valley Fever.
The following individuals spoke regarding
annexations: Marisol C. Alcantar; Stuart Baugher
who requested the current annexation process
guidelines; Barbare Fields; and Richard Pellerin.
PUBLIC STATEMENTS continued on Page 11.
7. APPOINTMENTS
None.
CONSENTCALENDAR
Minutes:
a. July 15, 1998 Council Meeting.
Payments:
Payments from July 3, to July 31, 1998 in the amount
of $13,768,723.73; and Self Insurance payments
from July 3, to July 31, 1998 in the amount of
$333,101.35.
Resolutions:
Resolution amending the official list of designated
speed zones, pursuant to Sections 22357 and 22358
of the California Vehicle Code and Chapter 10.24 of
the Bakersfield Municipal Code. (Ward 5)
Resolution determining that certain used vehicles
cannot be reasonably obtained through usual bidding
procedures and authorizing the Finance Director to
dispense with the formal bidding, not to exceed
$331,60O.
RES 104-98
RES 105-98
180
Bakersfield, California, August 12, 1998 - Page 4
CONSENT CALENDAR continued
Resolution proclaiming Valley Fever Awareness
Month.
Agreements:
f. Tract Maps/Improvement Agreements:
Maintenance Agreement with Canyon Hills
Assembly of God Church of the City of
Bakersfield, for Parcel Map No. 10191,
located south of Auburn Street and west of
Morning Drive. (Ward 3)
Final Map and Improvement Agreements with
Castle & Cooke, Inc., for Tract 5844 Phase A,
located north of Panama Lane an east of
Reliance Drive. (Ward 4)
Final Map and Improvement Agreements with
Castle & Cooke California, Inc., for Tract
5844 Phase C, located north of Panama Lane
and east of Reliance Drive. (Ward 4)
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract
5844 Phase D, located north of Panama Lane
and east of Reliance Drive. (Ward 4)
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract
5426 Phase E, located north of Ming Avenue
and west of Old River Road. (Ward 4)
Final Map and Improvement Agreements with
Batey Development Inc., for Tract 5892,
located at the southwest corner of Noriega
Road and Verdugo Lane. (Ward 4)
Agreement with Buck Consultants for Health Care
Consultant Services.
Agreements with the State of California Department
of Transportation:
Program Supplement No. 045 for street
widening - Truxtun Avenue at Oak Street.
(Ward 5)
ACTION TAKEN
RES 106-98
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 98-176
AGR 98-177
AGR 98-178
AGR 98-179
AGR 98-180
AGR 98-181
AGR 98-182
AGR 98-183
AGR 98-184
REFERRED TO
PERSONNEL
COMMITTEE
AGR 98-185
Bakersfield, California, August 12, 1998 - Page 5
181
CONSENT CALENDAR continued
Program Supplement No. 046 for street
widening - California Avenue, Oak Street to A
Street. (Wards 2, 5)
Agreements with the State of California Department
of Transportation: (Wards 1, 7)
State Local Entity Master Agreement No.
TSM/FRC-5109 for traffic systems
management/flexible congestion relief
programs.
Program Supplement No. 001 for traffic signal
interconnection on H Street from White Lane
to Brundage Lane.
Agreement with Deborah Verdugo to acquire City
owned real property at 3904 Panorama Drive. (Ward
3)
Agreement with The Step2 Company to provide
financial assistance for the purchase of
manufacturing equipment, not to exceed $150,000,
at new facility located at 7021 Schirra Court. (Ward 6)
Amendment No. I to Agreement No. 97-99 for
certain improvements within City's Right-of-Way
adjacent to the Fox Theater. (Ward 2)
Amendment No. I to Agreement No. 84-177 with
Judicial Data Systems Corporation for processing
citations.
Amendment No. 1 to Agreement No. 96-284 with
Potter McKinney to manage City owned homes on
Panorama Drive. (Ward 3)
Amendment No. 3 to Agreement No. 97-76 with PCL
Construction for negotiated contract language with
respect to liquidated damages. (Ward 2)
ACTION TAKEN
AGR 98-186
AGR 96-187
A GR 96-188
AGR 98-189
DEED 493f
A GR 96-190
AGR 97-99(1)
AGR 84-177(1)
AGR 96-284('I)
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 97-76(3)
p. One year extension of Agreement No. 96-227
relating to City Physician services.
182
Bakersfield, California, August 12, 1998 - Page 6
CONSENT CALENDAR continued
Contract Change Order No. 11 to Convention Center
Expansion Project Agreement No. 97-76 for the
construction of structural elements for the water wall
feature ($28,545); additional painting of Arena level
corridor ($5,480); construction of additional steel
structure for spotlight ($11,400); and additional
directional signage ($22,000). (Ward 2)
Appropriate $130,000 Interest Income to the
CDDA Arena Project Fund.
Increase award amount for the annual contract to
Granite Construction, by $500,000, for street
materials to repair City street surfaces.
Bids:
s. Allen Road Trunk Sewer:
Award Contract to Utah Pacific Construction
($7,654,476) for the construction of Allen
Road Trunk Sewer, Buena Vista Road to
Palm Avenue. (Ward 4)
Appropriate $1,498,000 Developer Share and
$6,922,000 Fund Balance within the Sewer
Enterprise Fund.
Award Contract to Groeniger & Company, not to
exceed $79,945, to provide fire hydrants and burys
as needed within the City.
Award Contract to Toter, Incorporated, $738,381.39,
to furnish and deliver 16,550 automated refuse and
greenwaste carts within the City.
Award Annual Contracts to Hersey Meters not to
exceed $125,755.99; Badger Meter, Incorporated not
to exceed $82,793.31; and ABB Water Meters,
Incorporated not to exceed $23,406.24 for water
meters. Total $231,955.54.
Reject all bids for street improvements -
White Lane at South H Street that were
received on July 30, 1998. (Ward 7)
Change Order No. 2 to Contract No. 97-186
with Gdffith Company for resurfacing various
streets, 1996-97;
ACTION TAKEN
ROWLES ABSTAINED
DUE TO CONFLICT
REMOVED FOR
SEPARATE
CONSlDERATION
CON 98-192
CON 98-193
CON 98-194
CON 98-195
CON 98-f96
Bakersfield, California, August 12, 1998 - Page 7 ] ~ 3
CONSENT CALENDAR continued
Appropriate $18,000 Fund Balance to the
Capital Improvement Budget within the
Transportation Development Fund.
Accept bids from Pacific Rim Capital, Incorporated,
$30,840.81; and Future Computing Solutions,
Incorporated, $23,834.17; for 29 computers and 13
monitors (replacement). Total $54,674.98.
y. Reject bids for Police Motorcycles.
z. Reject bids for Three Axle Cab and Chassis.
Miscellaneous:
aa.
Appropriate $60,766, GST Company pavement
damage reimbursement to the Capital Improvement
Budget within the Gas Tax Fund for resurfacing
improvements along Truxtun Avenue from Empire
Drive to A Street.
bb.
Appropriate $9,497, TDA Article 3 Pedestrian
Bikeway funds to the Capital Improvement Budget
within the State (TDA) Transportation Fund to
purchase bicycle racks and lockers.
CC.
Amendment No. 1, FY 98/99 Community
Development Block Grant (CDBG) Action Plan to
include street resurfacing improvements in various
CDBG eligible neighborhoods and interim assistance
for the Casa Loma area.
dd.
Historic Preservation Commission 1997-98 Fiscal
Year Annual Report.
ee.
Appropriate $35,000 in Council Contingency for the
City's contribution to the Metropolitan Recreation
Center Master Plan.
Resolution dispensing with bidding procedures due to
emergency rapairs of two 48 inch metal pipes and
street repairs on South H Street, south of Planz
Road. (Ward 7)
Appropriate $60,000 fund balance to the
Streets Division Operating Budget within the
Sewer Enterprise Fund.
Rowles announced abstention on Consent Calendar Item 8.
f. 1-5 due to source of income to employer; Items o. and q.
due to employer participation in process
ACTION TAKEN
RES 107-98
Bakersfield, California, August 12, 1998 - Page 8
CONSENT CALENDAR continued
Motion by Rowles to adopt Consent Calendar Items a.
through if, with separate consideration of Item s.
s. Allen Road Trunk Sewer:
Award Contract to Utah Pacific Construction
($7,654,476) for the construction of Allen
Road Trunk Sewer, Buena Vista Road to
Palm Avenue. (Ward 4)
Appropriate $1,498,000 Developer Share and
$6,922,000 Fund Balance within the Sewer
Enterprise Fund.
Motion by McDermott to adopt Consent Calendar Item s.
with the condition if the County has not implemented the
ordinances necessary or forwarded payment of 4.3
million dollars by October 1, 1998, the City will declare
they are in breach of CSA71 and void the agreement; in
addition, this issue be referred to the Intergovernmental
Relations Committee.
McDermott directed staff to correct the problem with the
voting panels.
ACTION TAKEN
APPROVED
AB SULLIVAN
CON 98-191
APPROVED
AB SULLIVAN
HEARINGS
General Plan Amendment/Zone Change Case No.
P98-0237: (Ward 1)
Cornerstone Engineering, Inc, requests to
amend the Metropolitan Bakersfield 2010
General Plan Land Use Element from
General Commercial to Low Density
Residential on 2.06 acres, for property
located north of Brundage Lane, east of
Oswell Street.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning Map
No. 103-35 from Regional Commercial to
One Family Dwelling, 6,000 square foot lot
size on 2.06 acres, for property located north
of Brundage Lane and east of Oswell Street.
Hearing opened at 7:35 p.m.
Dale Clark, Cornerstone Engineering, spoke in
support of staff recommendation.
RES 108-98
FR
Bakersfield, California, August 12, 1998 - Page 9 ] 8 5
HEARINGS continued
Hearing closed at 7:36 p.m.
Motion by Carson to adopt the resolution and
first reading of the ordinance.
ACTION TAKEN
APPROVED
AB SULLIVAN
General Plan Amendment/Zone Change P98-0225:
(Ward 4)
Castle and Cooke Commercial requests to
amend Condition No. 14, Paragraph 3, of City
Council Resolution No. 221-88; Condition No.
12 of City Council Resolution No. 109-90;
Condition No. 12 of Ordinance No. 3308,
relating to the timing of street improvements
along the south side of Stockdale Highway
between Old River Road and Buena Vista
Road.
Correspondence has been received from Roger
Mcintosh, dated August 12, 1998, withdrawing their
request for General Plan Amendment and Zone
Change No. P98-0225.
DELETED
General Plan Amendment P98-0175: (Wards 2, 3)
The City of Bakerafield requests to amend the
Circulation Element of the Metropolitan
Bakersfield 2010 General Plan by changing
the designation of Panorama Drive between
Haley Street and Union Avenue from arterial
to collector.
Development Services Director Jack Hardisty
provided a brief update.
Hearing opened at 7:40 p.m.
No one spoke at hearing.
Hearing closed at 7:41 p.m.
RES ~09-98
Motion by DeMond to adopt resolution. APPROVED
AB SULLIVAN
186
Bakersfield, California, August 12, 1998 - Page 10
HEARINGS continued
Appeal by Cornerstone Engineering of the Planning
Commission decision relative to an amendment to
Title 17 of the Bakersfield Municipal Code and Zoning
Map 102-31 by changing the zone of 20.33 acres
generally located northeast of Calloway Drive and the
Cross Valley Canal from a Planned Unit
Development zone to a Planned Unit Development
zone for the Glenwood Gardens development
consisting of 382 bed, multi-level medical and
recovery care center. (ZC #P98-0331 ) (Ward 4)
Development Services Director Jack Hardisty
provided a brief update.
Hearing opened at 7:45 p.m.
The following individuals spoke in support of staff
recommendation: Dennis Elliott, except for the Park
Development Fees; Dr. Charles Fritch; Beaver
Breakman; and George Martin.
Hearing closed at 7:55 p.m.
Mayor Price recessed the meeting at 7:55 p.m. and
reconvened at 8:02 p.m.
Motion by McDermott to uphold the decision of
the Planning Commission; first reading of the
ordinance with a change to include deferral of
payment of the Park Development Fee, if
applicable, until the filing of Certificate of
Occupancy; and refer the issue of amending the
Park Development Fee Ordinance for
Comprehensive Care Facilities to the Urban
Development Committee.
Mayor Price recognized the following individuals for the
Council Chambers remodel: Bob Wilson, Project Manager;
Mel Perry, Communications Coordinator; Tom Silvas,
General Contractor; Calvin Martens, Wood Works Unlimited;
and General Services Division.
Resolution making findings, approving Negative
Declaration and adopting proposed amendment to
the Bikeways Map of the Circulation Element of the
Metropolitan Bakersfield 2010 General Plan and
Amendment to the Riverlakes Ranch Specific Plan
(File No. P98-0263) (Ward 4)
ACTION TAKEN
FR
APPROVED
AB SULLIVAN
RES 110-98
Bakersfield, California, August 12, 1998- Page 11
187
10.
HEARINGS continued
Development Services Director Jack Hardisty
provided a brief update
Hearing opened at 8:12 p.m.
No one spoke at hearing.
Hearing closed at 8:13 p.m.
Motion by McDermott to adopt the resolution.
REPORTS
None.
City Manager Alan Tandy introduced Alan Christensen as
the new Assistant City Manager, who will be replacing
Dolores Teubner at the end of September.
ACTION TAKEN
APPROVED
AB SULLIVAN
11.
DEFERRED BUSINESS
Ordinance amending Chapter 12.20, Subsections
12.20.020 and 12.20.030 of the Bakersfield Municipal
Code relating to encroachments. (First reading July
15. 1998)
6. PUBLIC STATEMENTS continued
The following individuals spoke regarding the
ordinance relating to encroachment: Jimmy
Katsantonis; Jerry Barnosky; and Rebecca
Katsantonis.
Motion by DeMond to adopt the ordinance.
Ordinance amending Chapters 17.46, 17.47 and
15.67 of the Bakersfield Municipal Code relating to
Drilling Island District, Petroleum Extract Combining
District, Oil and Gas Production Zones and
Unrestricted Oil and Gas Production in Industrial
Zones. (First reading July 15, 1998) (Wards 4, 5)
ORD 3855
APPROVED
AB SULLIVAN
ORD 3856
Motion by McDermott to adopt the ordinance. APPROVED
AB SULLIVAN
11.
12.
DEFERRED BUSINESS continued
Ordinance adding Annexation No. 398 to Ward 7,
located west of Freeway 99, north and south of
Panama Lane. (First reading July 15, 1998) (Ward 7)
Motion by Salvaggio to adopt ordinance.
NEW BUSINESS
None.
ACTION TAKEN
ORD 3857
APPROVED
NS ROWLES
AB SULLIVAN
13.
COUNCILSTATEMENTS
McDermott thanked staff for the improvements in the
Chambers, requested the voting system be modified; and
suggested staff survey the Council for any other changes.
McDermott provided a Centennial update:
· Almost all of the bricks are in.
· August 29, 1998 - Ride of the Century;
· September 10, 1998 - Recognition of Heros of our
Community;
September 19, 1998 - Downtown Island Party;
· October 11, 1998 - Centennial Plaza Dedication
Ceremony
McDermott requested Public Works stripe a portion of
the wide collector street on Old Farm Road from
Brimhall to Rosedale Highway for bike lanes prior to the
opening of school and requested staff begin the process
for Council action.
McDermott referred the issue of regulations for use of
banner poles in the Downtown area to Urban
Development Committee for review.
McDermott suggested that road improvements on Stockdate
Highway that Castle & Cooke committed to when they
offered the park, be completed as soon as possible.
McDermott requested staff confirm that the golf course
is to be completed in the first phase of construction at
the Fairways Project.
McDermott referred to the Urban Development
Committee the issue of construction of Liberty Park at
Brimhall and Jewetta for review.
Bakersfield, California, August 12, 1998 - Page 13
13.
COUNCIL STATEMENTS continued
Mayor Price announced that the forms for the Heres
recognition will be coming out in Sunday's paper and are
also available at Pac Bell Cellular, Cox Cable and the
Centennial Office.
Salvaggio congratulated Alan Christensen on his promotion
to Assistant City Manager.
Salvaggio referred to Public Works road repairs on
White Lane, from E1 Potrero and Freeway 99 overpass.
Salvaggio requested staff continue to be vigilant with
the San Joaquin Railroad Company and expressed
concerns regarding the railroad crossings on White
Lane, east of Vons; Hughes Lane, between Pacheco
Road and White Lane; and Wible Road, between Harris
and Pacheco; and South H, between White Lane and
Planz Road.
DeMond thanked the Police Department for their work at the
"Night Out Against Crime" at Jefferson Park.
DeMond requested staff provide a status report on the
railroad law suit.
Carson requested the City Manager provide a status
report regarding a prior request for a stop sign at 8th
and T Streets.
Carson requested a status report regarding the
landscaping on the islands on Oleander Street.
Carson thanked Tony Martinez and the neighborhood
association that put on the "Night Out Against Crime" at the
Martin Luther King Center.
Carson referred correspondence received from the Fire
Department Association to the Personnel Committee for
review and recommendation.
Rowles requested Public Works Director Raul Rojas inform
the Council if there is or is not a movement to switch
subdivision plans into metric units.
Rowles referred to staff the issue of additional signage,
"Children at Play" and speed limit, at Quailwood Drive,
and requested a response back to him.
ACTION TAKEN
190
Bakersfield, California, August 12, 1998 - Page 14
13.
COUNCIL STATEMENTS continued
Rowles referred to Public Works the issue of street
sweeping and parking concerns at Taylor and DeMaret
area, and requested staff evaluate and respond back to
him.
ACTION TAKEN
14.
ADJOURNMENT
Motion by Rowles to adjourn a~ 8:55 p.m.
. x/~ ..///,
M~'OR BOB PRICE of the City of Bakersfield, CA
APPROVED
AB SULLIVAN
ATTEST:
CITY CLERK and Ex Offici¢.o~Clerk o~he Council
of the City of Bakersfield, CA