HomeMy WebLinkAbout10/21/1998 MINUTES CC233
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 21, 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 Rowles
(seated 5:55 p.m.), Carson, DeMond, Smith,
McDermott (seated 5:23 p.m.), Sullivan,
Salvaggio (seated 5:45 p.m.)
None
ACTION TAKEN
WORKSHOP
a. Underground Storage Tanks
Director of Environmental Services Ralph Huey
provided a computer presentation.
After-School Recreation Programming
Recreation and Parks Director Stan Ford provided an
update of the after school programs, provided wdtten
materiat and introduced Recreation Specialist Holly
Larsen and Terri Ulison who provided information
regarding the activity programs and distributed
written material.
Motion by DeMond to recess to Closed Session at 5:50
p.m.
APPROVED
CLOSED SESSION
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
DIRECTION GIVEN
TO ATTORNEY
234
Bakersfield, California, October 21, 1998- Page 2
CLOSED SESSION continued
Conference with Real Property Negotiator §54956.8
regarding 4,708 acres of land located at the
southwest corner of Taft Highway, State Route 119,
and U.S. Interstate 5; Negotiating Parties: Finance
Director Gregory Klimko, Senior Real Property Agent
Don Anderson and James R. Triguiero of Valley
Communities, Inc. Under Negotiation: Price and
terms of payment.
Motion by Rowles to adjourn from Closed Session at
6:44 p.m.
ACTION TAKEN
DIRECTION GIVEN
TO STAFF
APPROVED
REGULAR MEETING
INVOCATION by Bishop Tom Russell of The Church of Jesus
Christ of Latter-Day Saints
2. PLEDGE OF ALLEGIANCE by Councilmember McDermott
3. ROLL CALL
Present: Mayor Price, Councilmembers Rowles,
Carson, DeMond, Smith, McDermott Sullivan,
Salvaggio
Absent: None
ACTION TAKEN
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected
on Pages 1 and 2.
PRESENTATIONS
Mayor Price presented a proclamation to Tony
Martinez of the Bakersfield Police Department
proclaiming October 24, 1998 as "Make a Difference
Day."
Police Chief Brummer announced the Police
Department received an Award of Recognition on
behalf of the City of Bakersfield from the International
Association of Chiefs of Police.
235
Bakersfield, California, October 21, 1998- Page 3
PRESENTATIONS continued
Councilmember DeMond presented the 1998
Tremendous Tree Award for the Chester Avenue
Streetscape that was received from the Tree
Foundation to Recreation and Parks Director Stan
Ford.
ACTION TAKEN
PUBLIC STATEMENTS
a. Barbara Fields spoke regarding annexations.
Terrie Sheeren spoke regarding serial rapist being
released into Bakersfield and submitted a petition.
McDermott directed the City Clerk to make the petition
available in the City Clerk's Office on Thursday for every
person in this community to sign or a petition can be
faxed to 323-3780.
Motion by McDermott to add an item that arose after the
agenda was posted and requires action tonight.
Resolution stating strong opposition to the release of
Andre Bradford into the City of Bakersfield.
APPROVED
RES 134-98
Motion by Rowles to direct staff to prepare a resolution
giving direction to the Police Chief and staff on behalf
of the City Council, stating strong opposition to the
release of Mr. Andre Bradford into our community and
encouraging all members in the community to join in
voicing our opposition and doing everything in our legal
powers to resist this delivery of this serial rapist or any
others into our community and also include, as firm as
possible, that we also support the emergency
legislation.
Mar~ha Walters spoke regarding the release of serial
rapist in Bakersfield.
Norman Walters spoke regarding parolee from
Stockton.
APPROVED
7. APPOINTMENTS
None.
236
Bakersfield, California, October 21, 1998 - Page 4
CONSENTCALENDAR
Minutes:
a. October 7, 1998 Council Meeting.
Payments:
Payments from September 26, to October 9, 1998 in
the amount of $7,335,078.83; and Self Insurance
payments from September 26, to October 9, 1998 in
the amount of $157,153.26.
Resolutions:
Resolution of Intention No. 1181 declaring the City's
intention to order the vacation of superseded road
right of way on Coffee Road southerly of Rosedale
Highway. (Ward 4)
Resolution establishing Maintenance District No. TS-
4 (Calloway, Gleneagles) confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector. (Ward 4)
Resolution adding territory (Area 1-16, Palm,
Spanke) to the Consolidated Maintenance District
and confirming the assessments, approving the
Public Works Director's Repod and authorizing
collection of assessments by the Kern County Tax
Collector. (Ward 4)
Resolution adopting the City of Bakersfield
Disadvantaged Business Enterprise Program for use
on federally funded highway improvement projects in
the City of Bakersfield for Fiscal Year 1998-99.
Agreements:
Final Map and Improvement Agreement with DeWalt
Group, Inc., for Tract 5716 Phase 5, located east of
Main Plaza Drive and north of Granite Falls Drive.
(Ward 4)
Purchase Agreement with Fred Jones, Trustee to
acquire real property located west of Highway 99
along the Kern River Channel for the Kern River
Parkway. (Ward 4)
ACTION TAKEN
ROI '1181
ROWLES ABSTAINED
DUE TO CONFLICT
RES '135-98
ROWLES ABSTAINED
DUE TO CONFLICT
RES 136-98
RES 137-98
AGR 98-242
AGR 98-243
DEED 4965
Bakersfield, California, October 21, 1998 - Page 5
237
CONSENT CALENDAR continued
i. Agreement with IBM Corp. for service
maintenance of computers and peripherals.
ACTION TAKEN
and AGR 98.244
Assessment District No. 98-1 (Brimhall IV, Stockdale
Highway Commercial, Gosford Industrial). (Ward 4)
Resolution accepting petition and determining
to undertake special assessment
proceedings.
Agreements with: Orrick, Herrington &
Sutcliffe, Bond Counsel for legal services;
Arter & Hadden, Disclosure Counsel for legal
services; Wilson & Associates,
Consultant for assessment engineering
purposes.
Agreements with School Districts for After-School
Recreation Programming at various school sites:
(Wards 1,2, 3, 5, 7)
Agreements with Greenfield Union School
District and Bakersfield City School District.
Appropriation of $40,000 from the Greenfield
Union School District and $76,625 from the
Bakersfield City School District to Recreation
and Parks' Recreation Division Operating
Budget within the General Fund.
Amendment No. 1 to Agreement No. 96-113 with
Boyle Engineering for an additional $75,000 for
construction-phase engineering services at
Wastewater Treatment Plant No. 2. (ward 1)
Amendment No. 1 to Agreement No. 98-13 with
Stewart & Stevenson Power, Inc., to increase
contract amount from $42,976.39 to $51,901.95 for
major overhaul of methane fueled Caterpillar G-398
Engine. (Ward 6)
Amendment No. 3 to Agreement No. 96-309 with
Daley & Heft for legal services in the matter of City of
Bakersfield vs U.S. Fire Insurance Company, et al.
Appropriate $80,000 to the City Attorney's
Operating Budget within the Refuse Service
Fund for outside legal services.
ROWLES ABSTAINED
DUE TO CONFLICT
RES 138-98
AGR 98-245
AGR 98-246
AGR 98-247
AGR 98-248
AGR 98-249
AGR 96-~3(1)
AGR98-?3(~
AGR 96-309(3)
238
Bakersfield, California, October 21, 1998- Page 6
CONSENT CALENDAR continued
Agreement with Trans America Financial Services for
donation of real property located at 329 Clyde Street.
(Ward 1 )
Bids:
p. Rio Mirada Storm Drain:
Award Contract to W. M. Lyles Co., $82,166,
for construction of Rio Mirada Storm Drain.
(Ward 5)
Appropriate $90,000 fund balance to the
Capital Improvement Budget within the Sewer
Enterprise Fund.
q. Bakersfield AMTRAK Station: (Ward 2)
Award Contract to Gilliam & Sons Inc.,
$26,612, for demolition of building and
pavement at 701 16t" Street.
Award Contract to Morton Engineering &
Construction, Inc., $29,665, for repaving Fire Station
No. 8. (Ward 3)
Award Contract to Kaweah Construction Company,
$423,689, for Wastewater Treatment Plant No. 3,
1998 Co-generation Modifications. (Ward 6)
Accept low bid from Bob Dron Harley-Davidson
Motorcycles, Incorporated, $138,749.38 for nine
replacement motorcycles for the Police Department.
Accept low bids from Jim Burke Ford, $714,500.15
for 30 police sedans (9 additional 21 replacement).
Reject all bids to furnish and install respiratory
breathing air compressor for the Fire Department.
Miscellaneous:
Seismic Retrofit of 6 Bridges and Beale Avenue
Separation and Overhead at the Union
Pacific/Southern Pacific Railroad. (Wards 2, 3)
ACTION TAKEN
AGR98.250
DEED4966
CON 98-251
ROWLES ABSTAINED
DUE TO POTENTIAL
CONFLICT
CON 98-252
C0N9~253
CON 98-254
Bakersfield, California, October 21, 1998 - Page 7
239
CONSENT CALENDAR continued
Transfer $53,397 of appropriations from the
Capital Improvement Budget in the
Intermodal Surface Transportation Fund to
the Capital Improvement Budget in the Gas
Tax Fund for the Seismic Retrofit of 6
Bridges.
Transfer $21,284 of appropriations from the
Capital Improvement Budget in the
Intermodal Surface Transportation Fund to
the Capital Improvement Budget in the Gas
Tax Fund for the Beale Avenue Separation
and Overhead at the Union Pacific/Southern
Pacific Railroad.
x. Coffee Road Eminent Domain Litigation:
Appropriate $100,000 Fund Balance to the
Capital Improvement Budget within the
Coffee Road Bond Fund for additional
expenses.
Appropriate $50,000 Fund Balance to the
Capital Improvement Budget within the
Transportation Development Fund for
additional expenses.
Appropriate $40,000 Fund Balance and $40,000
interest earned on Certificate of Participation
proceeds to the Arena Project Account within the
City's and CDDA Project Funds respectively.
Appropriate $10,833 Sewer Trunkline Fees to the
Non-Departmental Budget within the Sewer
Enterprise Fund for Reimbursement to DeVille
Homes for sewer over sizing. (Ward 4)
Rowles announced abstention on Consent Calendar
Items c., d., j. 1. & 2. due to source of income to
employer and q. and y. due to potential employer
participation in project.
ACTION TAKEN
DELETED
ROWLES ABSTAINED
DUE TO POTENTIAL
CONFLICT
Motion by Rowles to adopt Consent Calendar APPROVED
Items a. through z., with the deletion of Item x.
HEARINGS
a.
Bakersfield, California, October 21, 1998 - Page 8
Resolution ordedng the vacation of excess road right
of way along the south side of Panorama Drive and
the north side of Acacia Avenue, abutting Greenlawn
Cemetery. (Wards 2, 3)
Hearing opened at 7:43 p.m.
Stewart Baugher requested clarification of where the
easement begins and ends.
Hearing closed at 7:44 p.m.
Motion by DeMond to adopt the resolution.
Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessments of
certain properties in the City of Bakersfield for the
abatement of certain weeds, debris and waste
matter.
Hearing opened at 7:46 p.m.
No one spoke at hearing.
Hearing closed at 7:46 p.m.
Motion by Salvaggio to adopt the resolution.
ACTION TAKEN
RES 139-98
APPROVED
RES 140-98
APPROVED
Resolution ordering the vacation of F Street from the
north right of way line of 14th Street to the north right
of way line of the B.N.S,F. Railway. (Ward 2)
Public Works Director Raul Rojas provided a brief
update.
Hearing opened at 7:49 p.m.
No one spoke at hearing.
Hearing closed at 7:49 p.m.
Motion by DeMond to adopt the resolution.
RES 141-98
APPROVED
Bakersfield, California, October 21, 1998 - Page 9
10.
11.
REPORTS
None.
DEFERRED BUSINESS
a. Ordinance amending Sections 17.60.020, 17.60.050
17.60.060 and 17.60.070 of Title t7 of the
Bakersfield Municipal Code relating to signs. (First
reading 10/7/98)
Motion by Rowles to adopt the ordinance.
ACTION TALEN
ORD 3870
APPROVED
12.
NEW BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 102-34 by
changing the zoning of 5.27 acres, located at 5700
Stockdale Highway from a Planned Commercial
Development to Regional Commercial Zone. (P98-
0615) (Ward 5)
FR
13.
COUNCIL STATEMENTS
McDermott provided a Centennial Update:
· The Centennial Plaza was very successful.
· October 23, 1998 - Jazz Club
· November 30, 1998 -Lighting of the large tree at
Centennial Plaza.
McDermott thanked staff for starting construction of the
signal at Parkview and White Lane and encouraged staff to
be vigilant of the road improvements, particularly Old River
Road, Stockdale Highway and Buena Vista Road.
McDermott stated he is excited that the process has began
for Liberty Park and a hearing before the North Bakersfield
Park and Recreation District is scheduled on November 16.
Salvaggio requested staff provide an update on a
previous referral regarding the problem at the home on
Brunswick Street.
Salvaggio requested staff provide an update on the left
hand turn light at Planz and South H Streets.
Salvaggio requested staff do road repairs at Calcutta,
east of South H Street; Panama Lane and Castleton
Street.
Bakersfield, California, October 21, 1998 - Page 10
13. COUNCIL STATEMENTS continued
Salvaggio thanked staff for the repairs on White Lane
and requested staff complete the striping as soon as
possible.
DeMond referred to Public Works a letter from a
Westchester business owner regarding underground
utilities and requested staff respond.
Carson requested staff provide a status report regarding
the stop sign at 8~ and T Streets.
Carson requested staff provide the rules and regulations
for the use of the Centennial Plaza.
Carson requested Public Works review the road
conditions at the 1500 block of El Toro Drive and
requested a status report regarding the speed bumps.
Sullivan announced Saturday, October 24, 1998, will be the
dedication of Stone Creek Park.
Rowles requested a status report regarding the new
automated waste services that will be implemented in
the Park Stockdale and Laurel Glen areas.
Tandy stated there will be a neighborhood meeting on
Thursday, October 22, 1998, in the Council Chambers
regarding the conversion, and will provide additional
information to Councilmember Rowles.
Rowles referred to the Police Department parking issues
on 21't Street along the Beach Park area.
Rowles referred to Public Works and Police Department
the issues of increased activity and additional lighting in
the area of West High School and requested a report
back.
14. ADJOURNMENT
Motion by Rowles to a,dj~rn at 8:05 p.m.
MAY'OR of the C~y of Bakersfield, CA
j~EST: '
CITY CLERK and Ex Officio ~;~lerk of the
Council of the City of Bakersfield
ACTION TAKEN
APPROVED