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