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HomeMy WebLinkAbout08/20/1997 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 20, 1997 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 Pdce, Councilmembers Rowles (seated at 5:20), Carson, DeMond, McDermott, Sullivan, Salvaggio Councilmember Smith 2, WORKSHOP Aretrak Station Relocation and Q Street Grade Separation. Public Works Engineering Services Manager LaRochelie presented a status report on financing and detailed information on the projects; and provided aerial illustrations and designs. ACTION TAKEN Briefing on RFP Process for Privatization of Arena/Convention Center. City Manager Tandy provided an overhead presentation and distributed written material entitled RFP Pdvatization of Arena and Convention Center. Salvaggio requested a brief memo to Council describing how the Convention Center Expansion will have space available for conventions, exhibits, etc. Rowles requested written clarification on the impact to taxpayers and the workforce. City Attorney Skousen announced Closed Session Item b. has been deleted. Motion by Rowles to recess to Closed Session at APPROVED 6:10 p.m. AB SMITH Bakersfield, California, August 20, 1997- Page 2 4 CLOSED SESSION Conference with Legal Counsel §54956.9a - Existing Litigation. City of Bakersfield vs. U.S. Fire Insurance Company, et al.; Kern County Superior Court Case No. 233091-SPC. Conference with Legal Counsel §54956.9a - Existing Litigation. City of Bakersfield vs. Kenko, Inc., et al.; Kern County Superior Court Case No. 233556-SPC. Conference with Legal Counsel §54956.9a - Existing Litigation. Suzanne Trammell, et al. vs. Leroy Neher, et al.; Kern Supedor Court Case No. 228890-SPC. Conference with Legal Counsel §54956.9c - Potential Litigation. Initiation of litigation; one potential case. Public Employee Performance Evaluation §54957 - City Attorney. Public Employee Performance Evaluation §54957 - City Manager. Motion by Rowles to adjourn from Closed Session at 6:55 p.m. CITY ATTORNEY RECEIVED INSTRUCTION DELETED CITY ATTORNEY RECEIVED INSTRUCTION UPDATE RECEIVED EVALUATION COMPLETED EVA L UA TION COMPLETED APPROVED AB SMITH REGULAR MEETING INVOCATION by Mark $alvaggio PLEDGE OF ALLEGIANCE by Jacquie Sullivan ROLL CALL Present: Absent: Mayor Price, Councilmembers Rowles, Carson, DeMond, McDermott, Sullivan, Salvaggio Councilmember Smith CLOSED SESSION ACTION Mayor Price announced Closed Session Action as reflected on this page. City Clerk McCarthy announced Closed Session Item b.; Consent Calendar Items 8. n. and 6.p.2. and New Business Item 12.a. have been deleted from the agenda. Changes have been made to Consent Calendar Items 8. d., Exhibit A; and 8. q. to include the effect date of the Schedule of Values. Bakersfield, California, August 20, 1997 - Page 3 5. PRESENTATIONS ACTION TAKEN PUBLIC STATEMENTS Carol Miranda spoke regarding handicapped parking in City parks, particularly Haggin Oaks. APPOINTMENTS a. One appointment to the Board of Building Appeals. Motion by Rowles to appoint George T. Ashby. Five appointments to the Vicious or Dangerous Animals Administration Review Board. (Staff recommends appointment of members and referral of appointment guidelines to Legislative and Litigation Committee) Motion by Rowles to appoint board members Jim McCall, Kern County Animal Control Services Coordinator; Dr. Sherree Hughes, Veterinarian, Michael Yrsceburn, Deputy District Attorney and SPCA Vice-President; Dr. Norman Lohr, Veterinarian; and Jack Leonard, City Assistant Building Director; and refer the appointment guidelines to Legislative and Litigation Committee. APPROVED AB SMITH APPROVED AB SMITH Appointment of Councilmember DeMond to the Kern County Museum JPA Study Group by Vice-Mayor Rowles. Motion by Rowles to appoint Patricia DeMond to the JPA Study Group. A PPR 0 VED AB SMITH CONSENTCALENDAR Minutes: a. August 6, 1997 Council Meeting. Payments: Payments from July 26 to August 8, 1997 in the amount of $5,270,304.28; and Self Insurance payments from July 26 to August 8, 1997 in the amount of $392,466.30. Bakersfield, California, August 20, 1997- Page 4 CONSENT CALENDAR continued Resolutions: Resolution authorizing reimbursement to the City of funds expended regarding the Sewer Revenue Bond 1997 issue and upgrade and expansion of Treatment Plant Nos. 2 and 3. Resolution approving destruction of obsolete City records, documents, instruments, books and papers for Property Management Division. Agreements: Tract Maps and Improvement Agreements: Final Map and Improvement Agreement with Thomas M. and Leslie G. Hardt, as trustees of the Hardt Family Trust, for Tract 5602-B, north of Brundage Lane, east of Oswell Street. Ward 1 Final Map and Improvement Agreement with Kyle Carter Homes, Inc. for Tract 5688, Phase I, north of Harris Road, west of Stine Road. Ward 6 Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5650, Phase C, south of Harris Road, east of Reliance Drive. Ward 6 Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5835, Phase A, north of Harris Road, west of Ashe Road. Ward 6 Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5489, Phase C, north of Brimhall Road, east of Old Farm Road. Ward 4 Final Map and Improvement Agreement with Coleman Homes Inc. for Tract 5699, Phase 1, north of Panama Lane, west of Stine Road. Ward 6 Agreement with Guardsmen Storage Associates, $302,370, for City to pumhase real property at 1401 Oak Street for Truxtun Avenue/Oak Street intersection widening. Ward 5 ACTION TAKEN RES 129-97 RES 130-97 A GR 97-222 AGR 97-223 AGR 97-224 AGR 97-225 AGR 97-226 AGR 97-227 AGR 97-228 AGR 97-229 A GR 97-230 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, August 20, 1997 - Page 5 CONSENT CALENDAR continued Agreement with Thomas Brothers authorizing City to sell a copy of City's road center line data file for map preparation. Agreement with Coleman Homes, Inc., $18,000, for City to purchase real property on Cherry Blossom Lane (Seasons Tract) for use as a water well site. Ward 6 Agreement with Bakersfield Senior Center to lease property at 610 Fourth Street for the Lowell Park Activities Center. Ward 1 Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer and Jensen, $40,000, for Workers' Compensation legal services. Attorney Retainer Agreement with the Law Firm of Daley & Heft regarding the case of City of Bakersfield vs. Kenko et al., Kern County Superior Court Case No. 233556-SPC. Attorney Retainer Agreement with Hatch & Parent for legal services. License Agreement with the United States Department of Interior, Bureau of Reclamation, for widening of a road and bddge across Friant-Kern Canal at Rosedale Highway. Ward 4 Design Consultant Contract with Addington and Associates Architects for design of Wastewater Treatment Plant No. 3 laboratory expansion. Ward 6 Agreement with Kern Refuse Disposal, Inc. establishing a loan for automated refuse and greenwaste collection equipment; and appropriate $510,000 fund balance to the Public Works Operating Budget within the Equipment Management Fund. Environmental Impact Report for the Cardiac Hospital on Sillect Avenue, Ward 5: Amendment No. 2 to Agreement No. 96-345 with Comerstone Engineering to prepare an EIR; and appropriate $24,780 developer share to the Development Services Operating Budget in the General Fund. ACTION TAKEN AGR 97-231 AGR 97-232 DEED 4770 REMOVED FOR SEPARATE CONSIDERATION AGR 97-233 AGR 97-234 A GR 97-235 AGR 97-236 DELETED AGR 97-237 ROWLES ANNOUNCED ABSTENTION DUE TO CONFLICT AGR 96-345(2) Bakersfield, California, August 20, 1997- Page 6 CONSENT CALENDAR continued Amendment No. 2 to Agreement No. 96-346 with Robert Verlaan Associates to prepare an EIR. Amendment No. I to Agreement No. 97-76 with PCL Construction for the addition of the Schedule of Values as an exhibit to the agreement. Ward 2 Contract Change Order No. 2 to Agreement No. 97-76 with PCL Construction, $25,000, for installation of sheet piling at the southwest corner of the future Convention Center Expansion Arena. Ward 2 Bids: Award contract to Irwin Excavation, $27,500, for demolition of 2 storage buildings at the Old Corporation Yard at 16th and S Streets. Ward 2 Award annual contract to Kern Turf Supply, Inc., not to exceed $42,307.74, for irrigation parts and supplies. Award annual contracts to Abate-A-Weed, Inc. (7 Items, $3,361), Van Waters & Rogers, Inc., 5 items at $5,399.93, Wilbur-Ellis Company, 19 Items at $61,896.42, and Target Specialty Products, 14 items at $112,282.87, for chemical insecticides/herbicides. Total $182,940.22. Award annual contract to Safeway Sign Company, not to exceed $53,776.76 for traffic signs. Accept low bid from Computerland SLO, $40,111.50, for 17 replacement printers for personal computers. Miscellaneous: Appropriate $34,000 Fund Balance to the Police Operating Budget within the General Fund and $30,000 Fund Balance to the Capital Improvement Budget within the Gas Tax Fund. Appropriate $82,000 Fund Balance and $11,800 Public Works fees to the Public Works Engineering Operating Budget within the General Fund for use of on-call consultants for subdivision plan checking and inspections. ACTION TAKEN DELETED REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION CON 97-238 CON 97-239 CON 97-240 CON 97-241 CON 97-242 CON 97-243 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, August 20, 1997- Page 7 CONSENT CALENDAR continued Staff recommends adoption of Consent Calendar Items a. through y. with a revision to Item d.; deletion of Items n. and p.2.; and exception of Items f., i., q., r., s., y.; Rowles announced abstention on Item f. due to client having property nearby, Item p. 1. due to financial impact to employer, and Items q. and r. due to company having participated in the process. Agreement with Guardsmen Storage Associates, $302,370, for City to purchase real property at 1401 Oak Street for Truxtun Avenue/Oak Street intersection widening. Ward 5 Motion by DeMond to adopt Consent Calendar Item f. with the amendment to the amount to read $305,741.78. Agreement with Bakersfield Senior Center to lease property at 610 Fourth Street for the Lowell Park Activities Center. Ward 1 Motion by Carson to adopt Consent Calendar Item L Amendment No. I to Agreement No. 97-76 with PCL Construction for the addition of the Schedule of Values as an exhibit to the agreement. Ward 2 Motion by Salvaggio to adopt Consent Calendar Item q. Contract Change Order No. 2 to Agreement No. 97-76 with PCL Construction, $25,000, for installation of sheet piling at the southwest comer of the future Convention Center Expansion Arena. Ward 2 Motion by Salvaggio to adopt Consent Calendar Item r. ACTION TAKEN APPROVED AB SMITH ROWLES ANNOUNCED ABSTENTION DUE TO CONFLICT AGR 97-244 APPROVED NS MCDERMOTT ABS ROWLES AB SMITH AGR 97.245 APPROVED NS ROWLES MCDERMOTT AB SMITH ROWLES ANNOUNCED ABSTENTION DUE TO CONFLICT AGR 97-76(f) A PPRO VED ABS ROWLES AB SMITH ROWLES ANNOUNCED ABSTENTION DUE TO CONFLICT APPROVED ABS ROWLES AB SMITH Bakersfield, California, August 20, 1997 - Page 8 CONSENT CALENDAR continued Award contract to Irwin Excavation, $27,500, for demolition of 2 storage buildings at the Old Corporation Yard at 16th and S Streets. Ward 2 Motion by Salvaggio to adopt Consent Calendar Item s. Appropriate $82,000 Fund Balance and $11,800 Public Works fees to the Public Works Engineering Operating Budget within the General Fund for use of on-call consultants for subdivision plan checking and inspections. Motion by Salvaggio to adopt Consent Calendar Item y. HEARINGS Continued appeal by Greg Owens of the Board of Zoning Adjustment decision to deny a conditional use permit to allow construction of 2 homes in a Light Manufacturing Zone District at 515 Kentucky Street, Teen Challenge (P97-0066) Ward 2 Hearing opened at 7:38 p.m. No one spoke at hearing. Motion by DeMond to continue the hearing to the meeting of November 5, 1997. ACTION TAKEN ROWLES ANNOUNCED ABSTENTION DUE TO CONFLICT CON 97-246 A PPRO VED ABS ROWLES AB SMITH APPROVED AB SMITH A PPRO VED AB SMITH 10. 11. REPORTS DEFERRED BUSINESS Clean-up legislation concerning inconsistencies with the actual practices of the City: (First reading 8/6/97) Ordinance amending Section 2.18.010 relative to Water Board membership. Ordinance amending Section 2.28.090 regarding alternates to the Board of Zoning Adjustment. ORD 3780 ORD 378~ Bakersfield, California, August 20, 1997 - Page 9 11. DEFERREDBUSINESS Ordinance repealing Chapter 2.20 relating to Department of Fire and Development Services. Ordinance repealing Sections 3.70.020, 3.70.050B., 3.70.070B., and amending Section 14.04.110G. relating to Fee and Service Charge Revenue/Cost Comparison System. Ordinance repealing Section 2.72.160 relating to general residency requirements. Ordinance adding Section 12.36.025 relating to curb, gutter and related fees. Ordinance amending Section 14.12.390 relating to sewer connection fees. Motion by Rowles to adopt ordinances. Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments for properties for abatement of weeds, debris and waste matter. Ward 2 Motion by DeMond to adopt resolution. 12. NEW BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Maps Nos. 102-09, 102-16, 101-25 and 101-35 for 1,420 acres located (1) south of Snow Road, north of Hageman Road between Fruitvale Avenue and Coffee Road; (2)south of Rosedale Highway to Brimhall, between Allen Road and Jewetta Avenue; and (3) at the northwest corner of Allen Road and Stockdale Highway from County Zoning to City Agriculture, Open Space, Residential Suburban - 5 acres, Residential Suburban - 2.5 acres, Residential Suburban - 1 acre, Residential Suburban - I Acre Church, Residential Suburban, Estate, R-2 (Limited Multiple Family Dwelling, R-3 (Limited Multiple Family Dwelling), Travel Trailer, Neighborhood Commercial and Regional Commercial Zones. (Prezoning P97-0296) Ward 4 ACTION TAKEN ORD 3782 ORD 3783 ORD 3784 ORD 3785 ORD 3786 APPROVED AB SMITH RES 131-97 APPROVED AB SMITH DELETED Bakersfield, California, August 20, 1997 - Page 10 12. NEW BUSINESS continued b. Ordinance adding Chapter 3.55 to the Bakersfield Municipal Code relating to revenue bonds. ACTION TAKEN FR 13. COUNCIL STATEMENTS Mayor Price requested staff address the possibility of updating the outside appearance of City Hall for the Centennial Celebration. Salvaggio requested City Manager provide a memo regarding "exhibit space" relating to the Convention Center expansion. Salvaggio requested City Manager Tandy provide an updated list of booked events at the Convention Center; tentative bookings as well as anyone expressing interest. DeMond thanked Economic and Community Development for their accommodations to Alfonso DeAIba, Monterey Productions, dba LaFiesta Ballroom. DeMond requested staff respond to the letter from H.R. Bergman, Jr., Retired Fire Engineer, regarding Consolidated Fire Services. DeMond requested a status report on Clinica Sierra Vista Project on California Avenue to Council; then ff necessary, refer any specific issues to Budget & Finance Committee. McDermott commented on the Truxtun Avenue widening and City Hall exterior Improvements. McDermott provided an update of the Centennial Celebration: August 23 - "Shakespeare Comes to the Kem Island" theatrical pedormance at Bakeinfield College; August 24 - Historic Postcard Collection Celebration with Curtis Darling, Bank of Amedca Building; August 25 - "Beer for Banners at Bootleggers", 6 - 9 p.m.; September 9 - "Decades of Health", Mercy Hospital; and "Night of Gospel Music" as part of the Centennial Spiritual Heritage Committee, Rio Bravo; Kern Islands Fest '97, complete with a volcano eruption, battleship, Hawaiian dancers, USO Show 20th Street, near the Fox Theatre. Bakersfield, California, August 20, 1997 - Page 11 13. COUNCIL STATEMENTS continued Carson advised that the Budget & Finance Committee Chairperson would call a special meeting to review any issues regarding the Clinica Sierra Vista Project. DeMond announced she would be bartending at the Kern /s/ands Fest '97. Rowles received a copy of correspondence from a resident taking issue with refuse collection at Greenbrier Condominiums at $:45 a.m., Saturday; and requested an update of corrective action taken. ACTION TAKEN DeMond requested staff provide history and activity regarding the 2-way stop at 18~ and A Streets, northeast corner of the school, causing averse impact involving traffic. Rowles requested a Special Meeting of the Budget & Finance Committee be scheduled for Tuesday, September 23, 1997, to review issues of the Clinica Sierra Vista Project and refer back to Council at the September 24, 1997 meeting. Rowles referred a citizen request regarding street resurfacing in the Amberton area, on Bridgeport to Public Works Director Rojes. Rowles complimented the Officer Scott of the Bakersfield Police Department, for his outstanding off-duty assistance to citizens whose vehicle had broken down on the highway. 14. ADJOURNMENT Motion by Rowles to adjourn at 7:55 p.m. APPROVED AB SMITH ATTEST: (2~-~ C~ L E~R K ~. 'n d~Ex~ C(C~f~ic.o~e r~oof E C~(~u ncil of the City of Bakersfield, CA