HomeMy WebLinkAbout10/07/1998 MINUTES CC223
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 7, 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: Mayor Price, Councilmembers Rowles
(seated at 5:40 p.m.) Carson, DeMond,
Smith, McDermott (seated at 5:30 p.m.)
Sullivan, $alvaggio
Absent: None
2. WORKSHOP
Motion by DeMond to recess to Closed Session at 5:25
p.m.
3. CLOSED SESSION
Conference with Legal Counsel §54956.9(a) -
Existing Litigation, City of Bakersfield vs. U.S. Fire
Insurance Company, et al.; Los Angeles Superior
Court Case No. BC 171941
Closed Session pursuant to Government Code
§54957(b); Public Employee Appointment/
Employment - City Attorney
Motion by Salvaggio to adjourn from Closed Session at
6:45 p.m.
ACTION TAKEN
INSTRUCTION
GIVEN TO
ATTORNEY
RECEIVED
UPDATE
APPROVED
REGULAR MEETING
INVOCATION by David Woodruff of First Assembly of God
Church
2. PLEDGE OF ALLEGIANCE by Mayor Price
3. ROLLCALL
Present: Mayor Price, Councilmembers Rowles,
Carson, DeMond, Smith, McDermott,
Sullivan, Salvaggio
Absent: None
ACTION TAKEN
224
Bakersfield, California, October 7, 1998 - Page 2
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected
on Page 1.
PRESENTATIONS
Ben Lacari representing the State Mining and
Geology Board presented a plaque to the City of
Bakersfield in recognition of achievement for the
Surface Mining and Reclamation Act Lead Agency
Award for 1997.
Mayor Price presented a proclamation to Tony
Martinez, representative of Community Action
Against Drug and Alcohol Abuse, proclaiming
October 23-31, 1998 as "Red Ribbon Week".
ACTION TAKEN
PUBLIC STATEMENTS
a. Sybil Allen spoke regarding the South Gate
Annexation.
Barbara Fields spoke regarding annexations.
Ricky Peterson of the Community Concerned
Citizens' group, spoke regarding the cul de sac
progress report.
Carson responded to Mr. Peterson's statement and
urged him to contact the Friendship House and
attend their meetings.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. September 23, 1998 Council Meeting.
Payments:
Payments from September 12, to September 25,
1998 in the amount of $7,522,029.34; and Self
Insurance payments from September 12, to
September 25, 1998 in the amount of $388,255.06.
Bakersfield, California, October 7, 1998 - Page 3
225
CONSENT CALENDAR continued
Resolutions:
Resolution of Intention No. 1179 declaring the City's
intention to add territory, Area 1-16, Palm, Spanke,
to the Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4)
Resolution of Intention No. 1180 declaring the City's
intention to establish Maintenance District TS-4,
Calloway, Gleneagles, preliminarily adopting,
confirming and approving Public Works Director's
Report. (Ward 4)
Resolution adding territory, Area 2-17, White, Wible
NW, to the Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing collection of
assessments by the Kern County Tax Collector.
(Ward 6)
Resolution calling for the formation of a Project Area
Committee for the Old Town Kern-Pioneer
Redevelopment Project Area and adopting the
composition of the committee. (Wards 2, 5)
Resolution calling for the formation of a Project Area
Committee for the Southeast Bakersfield
Redevelopment Project Area and adopting the
composition of the committee. (Ward 1)
Resolution encouraging memhants to regulate the
manner of sale of tobacco products.
Resolution adopting a zero tolerance of crime and
gang violence in our community.
Resolution authorizing the reimbursement to the City
of funds expended regarding Sewer Revenue Bonds
Series 1999 for construction of sewer trunk lines,
main lines, and storage.
Amendment No. I to Resolution No. 117-98
approving the destruction of certain obsolete City
records, documents, instruments, books and papers
of the Public Works Department.
ACTION TAKEN
ROI 1179
ROI 1180
RES 125-98
RES 126-98
RES 127-98
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
RES 130-98
RES 117-98(1)
226
Bakersfield, California, October 7, 1998 - Page 4
CONSENT CALENDAR continued
Agreements:
I. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement with
Syroli IV for Tract 5887, located south of
Panama Lane and west of Monitor Street.
(Ward 7)
Final Map and Improvement Agreement with
DeWalt Group, Inc., for Tract 5728 Phase 3,
located north of Hageman Road and West of
Jewetta Avenue. (Ward 4)
Final Map and Improvement Agreements with
Dandy and Associates for Tract 5861 Unit B,
located south of Hosking Avenue and west of
Akers Road. (Ward 6)
Final Map and Improvement Agreements with
Dandy and Associates for Tract 5600 Unit C,
located south of Hosking Avenue and east of
Akers Road. (Ward 6)
Agreement with the Kern County Electrical Pension
Trust Fund to widen and improve the north side of
Panama Lane from Stine Road to Summerfield Drive
and the east side of Stine Road from Panama Lane
to Maybrook Avenue. (Ward 6)
Appropriate $242,000 Developer Contribution
to the Capital Improvement Budget within the
Gas Tax Fund.
Agreement with County of Kern and Kern Economic
Development Corporation to share the
responsibilities and/or costs of the job
training/marketing management efforts in the
Southeast Metropolitan Bakersfield Enterprise Zone.
(Wards 1, 2)
o. Q Street Underpass Project: (Ward 2)
Agreement with H.W. - Lakeshore Pines Joint
Venture to purchase land at 1400 Q Street.
ACTION TAKEN
AGR 98-229
AGR 98-230
AGR 98-231
AGR 98-232
AGR 98-233
AGR 98.234
AGR 98-235
AGR 98-236
ROWLES ABSTAINED
DUE TO POTENTIAL
CONFLICT
AGR 98-237
DEED 4958
Settlement Agreement with American Home AGR 95-238
Industries Corporation.
Bakersfield, California, October 7, 1998 - Page 5
227
CONSENT CALENDAR continued
Approve assignment of Pipeline License Agreement
No. 82-86 from Texaco Trading and Transpodation
Inc. to Equilon Enterprises LLC. (Ward 5)
Contract Change Order No. 13 to the Convention
Center Expansion Project Agreement No. 97-76 for
the construction of a die wall and roll up grill for
Merchandise Room 2318, $11,133; construction of
additional concession/commissary plumbing,
$56,757; upgrade of energy management system,
$61,956; and additional carpeting for the box office
and dressing rooms A and B, $3,370. (ward 2)
Bids:
Domestic Water Mains for Union Avenue No. 10
Annexation Area:
Reject all bids received on June 6, 1998 for
installation of new domestic water mains, fire
hydrants and fire hydrant upgrades in Union
Avenue No. 10 Annexation area.
Award Contract to West Valley Construction
Company, $359,685, for installation of new
domestic water mains, fire hydrants and fire
hydrant upgrades in Union Avenue No. 10
Annexation area. (Wards 1, 2)
s. Council Chamber:
Accept bid from Herk Edwards, Inc., $24,895,
to furnish and install 152 replacement chairs
in the Council Chamber.
Transfer $25,000 of appropriations and
related resources from the General Fund
Non-Departmental Budget to the Legislative
Capital Improvement Budget within the
Capital Outlay Fund.
Accept bid from Quinn Company, $297,788.21, for
motor grader with sloper for the Water Department
and appropriate $100,000 Fund Balance to the Public
Works Department Operating Budget within the
Equipment Management Fund.
ACTION TAKEN
AGR a2-a6(t)
ROWLES ABSTAINED
DUE TO CONFLICT
CON 98-239
C0N98-241
Bakersfield, California, October 7, 1998 - Page 6
CONSENT CALENDAR continued
Award bid to Gifford Hill Concrete Products,
$209,587.95, for supply reinforced concrete pipe for
two Kern Island Canal Culverts, selective Alternate A
only. (Ward 2)
Award Contract to Graham Contractors, Inc.,
$60,585, for the Cape Seal Project 1998-99, Phase
One. (Ward 5)
w. Reject all bids for 58,000 GVVVR Truck Tractor.
Reject all bids for Articulated Four Wheel Drive
Loader.
Rescind Items 4.2.C and 4.5.A. 1 relating to the Video
Replay System from award to Digital Production
Resource, and award items to Burst
Communications, $32,496.75.
Miscellaneous:
Appropriate $15,000 Fund Balance for the
Convention Center Parking Lot Project to the
Convention Center Capital Improvement Budget
within the Offstreet Parking Fund.
Rowles announced abstention on Consent Calendar Items
q. and z. due to employer participation in project; and
potential conflict of interest on Item o.
Motion by Rowles to adopt Consent Calendar Items a.
through z., with separate consideration of Items h. and
L
Resolution encouraging merchants to regulate the
manner of sale of tobacco products.
Carson recognized the Youth Tobacco Coalition and
committee members and thanked them for their input.
Motion by Carson to adopt the resolution.
ACTION TAKEN
CON 98-240
ROWLES ABSTAINED
DUE TO CONFLICT
APPROVED
RES 128-98
APPROVED
NS ROWLES
Resolution adopting a zero tolerance of crime and
gang violence in our community. RES 129-98
10.
Bakersfield, California, October 7, 1998 - Page 7
CONSENT CALENDAR continued
Motion by Carson to adopt the resolution, as amended,
adding the additional language: "4. The City Council of
the City of Bakersfield supports the aggressive and
strong prosecution of all perpetrators."
HEARINGS
a. 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. (Wards 1,2, 3, 4, 6, 7)
Hearing opened 7:25 p.m.
No one spoke at hearing.
Hearing closed 7:25 p.m.
Motion by $alvaggio to adopt the resolutior~.
b. Resolution adopting procedures for forming and
electing Project Area Committees for the Old Town
Kern-Pioneer Redevelopment Project Area and the
Southeast Bakersfield Redevelopment Project Area.
(Wards 1,2, 5)
Economic Development Director Jake Wager
provided an update and written material.
Hearing opened 7:35 p.m.
No one spoke at hearing.
Hearing closed 7:36 p.m.
McDermott requested staff review the language in
the newsletter and stress that these are long term
changes.
Motion by DeMond to adopt the resolution.
REPORTS
ACTION TAKEN
APPROVED
RES 131-98
APPROVED
RES 132-98
APPROVED
None.
2 29
230
Bakersfield, California, October 7, 1998 - Page 8
11.
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map 102-20 by changing
the zone of 21.71 acres located northeast of Coffee
Road and Granite Falls Drive from a Regional
Commercial zone to a Planned Commercial
Development zone for a 74,000 square foot
commercial shopping canter, ZC No. P98-0462. (First
reading 9/23/98) (Ward 4)
Rowles announced abstention on Deferred Business
Item a. due to property owner being a client.
Motion by McDermott to adopt the ordinance.
Ordinance amending Section 17.10.020 of Title 17 of
the Bakersfield Municipal Code adding to the list of
permitted uses, the use of ramps, platforms and
similar structures for skateboards, rollerblades,
rollerskates, bicycles and motorcycles. (First Reading
9/23/98)
Motion by Rowles to adopt the ordinance.
Ordinance amending Chapter 17.57 of Title 17 of the
Bakersfield Municipal Code relating to metal storage
containers. (First reading 9/23/98)
Motion by McDermott to adopt the ordinance with
amendment to the dates from 10/f5/98 to 1/15/99
changed to t0/1/98 to 1/1/99.
Ordinance amending Sections 17.60.020, 17.60,050,
17.60.060 and 17.60.070 of Title 17 of the
Bakersfield Municipal Code relating to signs,
ACTION TAKEN
ORD 3867
APPROVED
ABS ROWLES
ORD 3868
APPROVED
ORD 3869
APPROVED
FR
12.
NEW BUSINESS
Abatement of dangerous building at 251 S. Union
Avenue, Casa Royale. (Ward 1)
Development Services Director Jack Hardisty
provided a brief update and slide presentation.
Rowles requested staff prepare a memorandum
outlining the progression of events from a legal
and safety aspect regarding the demolition of the
remaining wings of the Casa Royale.
Bakersfield, California, October 7, 1998 - Page 9
11.
NEW BUSINESS continued
Motion by Carson to approve commencement of
demolition of the 300 wing of the Casa Royale
Motel, with direction to staff to search for funds
to demolish the remaining ~vo wings.
Resolution requesting the Local Agency Formation
Commission to reconsider and pursue the approval
of Sphere of Influence Amendment 1-97 as
amended.
Development Services Director Jack Hardisty
provided a brief update.
Motion by McDermott to adopt the resolution.
ACTION TAKEN
APPROVED
RES 133-98
APPROVED
13.
COUNCIL STATEMENTS
McDermott thanked staff for the outstanding job that they did
in helping complete the Centennial Garden.
McDermott provided a Centennial Update:
· October 11, 1998 - A Birthday Classic, 1-4 p.m.
The large tree will be replaced, benches are back
ordered and improvements continue.
Smith expressed her appreciation to City Manager Alan
Tandy and Councilmember McDermott for their leadership in
the Centennial Garden and Centennial Plaza.
Smith requested staff review the following issues
regarding the area around the Centennial Garden:
· Sufficient lighting on the north side surface
streets.
· The possibility of a signalized cross walk.
· Resurfacing of alleys in the area.
Smith expressed her disappointment in the lack of articles in
the local newspaper regarding the Centennial Garden grand
opening.
Carson commended Councilmember McDermott, Centennial
Plaza; Councilmember DeMond, Downtown Project; and City
Manager Alan Tandy, Centennial Garden, for their efforts.
Carson stated she attended the League of California Cities
Annual Conference and on behalf of Mayor Price presented
the new president from the Central Valley with a Centennial
Plate.
Bakersfield, California, October 7, 1998 - Page 10
13. COUNCIL STATEMENTS
Sullivan thanked Public Works Director Raul Rojas and City
Manager Alan Tandy for their team efforts in the
development of the Centennial Garden; she thanked the
attending staff working the events at the Centennial Garden;
and stated that there is excellent parking and lighting in the
parking lot south of the railroad tracks.
DeMond expressed her appreciation to every laborer and to
every member on sl~ff in the development of the Centennial
Garden.
DeMond echoed Smith's request regarding the surface
streets.
Rowles thanked Public Works Director Rojas and the Police
Department for their quick responses to previous referrals.
Rowles announced that the proclamations from last weeks
ceremonies will be in the Council Office for viewing.
14. ADJOURNMENT
Motion by Rowles to adjourn at 8:25 p.m.
MAYOI~ of the City of Bakersfield, CA
A'FI'EST:
CITY CLERK and Ex Officio Cler~f the
Council of the City of Bakersfield;, CA
ACTION TAKEN
APPROVED