HomeMy WebLinkAbout07/16/1997 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 16, 1997
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
ROLLCALL
Present;
Absent:
Mayor Pdce, Councilmembers Rowles (seated at 5:32),
Carson, DeMond, Smith, McDermott (seated at 5:27),
Sullivan (seated at 5:20), Salvaggio
None
WORKSHOP
1. Recreation and Parks Survey.
Recreation & Parks Director Ford provided a presentation and
distributed written material entitled Recreation and Parks
Survey Process.
Smith requested staff contact an individual member of the
Tree Foundation who is interested in pursuing the All
American Tree City designation.
ACTION TAKEN
Motion by DeMond to recess to Closed Session at 5:25 p.m.
CLOSED SESSION
Conference with Legal Counsel (§54956.9) Existing Litigation
Residents for Public Participation, et al. vs. City of Bakersfield,
et al. Kern Superior Court Case No. 234032-NFT.
Public Employee Performance Evaluation (§54957) - City
Attorney.
A PPRO VED
AB ROWLES
MCDERMOTT
~TYATTORNEY
REC~VED
~STRUC~ON
CONTINUED AFTER
REGULAR COUNC~
MEE~NG
Motion by McDermott to continue Closed Session to the APPROVED
end of the regular meeting.
Bakersfield, California, July 16, 1997 - Page 2
REGULAR MEETING
INVOCATION by Bishop Bill Butler, The Church of Jesus Chdst of
Latter Day Saints
PLEDGE OF ALLEGIANCE by Mayor Price
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles, Carson,
DeMond, Smith, McDermott, Sullivan, Salvaggio
None
ACTION TAKEN
CLOSED SESSION ACTION
Mayor Pdce announced Closed Session Action as reflected on Page
1.
PRESENTATIONS
PUBLIC STATEMENTS
Gus Salcido, G&S Firewood, spoke regarding firewood sales in
the City and had previously submitted written material.
The following individuals spoke in support of a permanent traffic
barricade at McCleary Way and Camp Street:
Richard Amick; Juanita Parnell; Tiffany Amick; and Judi
Jackson who submitted petitions, with 58 signatures, and other
written material in support of a permanent barrier.
(Public Statements continued on Page 7)
APPOINTMENTS
CONSENT CALENDAR
Minutes:
1. June 25, 1997 and July 2, 1997 Council Meetings.
Payments:
Payments from June 14 to June 30, 1997 in the amount
of $7,519.996.27; and Self Insurance payments from
June 14 to June 30, 1997 in the amount of
$465,083.36.
Bakersfield, California, July 16, 1997 - Page 3
CONSENT CALENDAR continued
Tract Maps and Improvement Agreements:
Improvement Agreement between City of Bakersfield, J
D M S Investment Company, Inc. and Staircraft Sales,
Inc. for Parcel Map 10405 at the southeast corner of
Wilson and Akers Roads. Ward 6
Amendments No. 3 to Improvement Agreement Nos. 94-
139 and 94-140 with Centex Real Estate Corporation for
Tract 5372, Unit 3, west of Verdugo Lane and south of
Reina Road, to extend time for completion of
improvements. Ward 4
Bids:
Award contract to Total - Western Inc., $105,099, for
domestic water storage tank piping - earthquake retrofit
forAshe Water Station Nos. 1, 11, 12, 13 and F-101 for
Water Resources Department. Wards 4, 5
Award contract to Scales Construction, Inc., $348,500,
for construction of Ashe Water Well Nos. L-203 and L-
205 for Water Resources Department. Ward 4
Award contract to Kern Asphalt Paving & Sealing Co.,
$218,124.45, for Alta Vista area street improvements;
and appropriate $50,000 fund balance to the Capital
Improvement Budget within the Gas Tax Fund. Ward 2
ACTION TAKEN
AGR 97-~82
AGR 94.139(3)
AGR 94-140(3)
CON 97-183
CON 97-~84
CON 97-185
Award contract to Griffith Company, $1,649,496, for
resurfacing various streets - 1996-97; and appropriate
$188,240 State Grant Revenue within the Intermodel
Surface Transportation Efficiency Act (ISTEA) Fund to
the Capital Improvement Budget. Wards 1,2,3,4,6,7
Resolutions:
Resolution declaring the results of the Special Municipal
Election held in the City of Bakersfield on June 24, 1997
for Measure "A", Annexation No. 1212, Dennen No. 1,
and terminating the proceedings.
Resolution confirming assessment to construct sidewalk
at 330 G Street and authorizing collection of
assessment by the Kern County Tax Collector. Ward 1
CON 97-186
RES 112-97
RES 113-97
Bakersfield, California, July 16, 1997 - Page 4
CONSENT CALENDAR continued
Resolution approving Cultural Resource Designation
application by Ted A. Bjorn for property at 1910 Alta
Vista Ddve and directing placement of the property on
the Bakersfield Register of Historic Places in
Bakersfield. Ward 2
Resolution adopting fees and service charges pursuant
to the Revenue/Cost Comparison System under
Chapter 3.70 of the Bakersfield Municipal Code
regarding Sanitary Sewer Service.
Resolution authorizing collection of assessments by the
Kern County Tax Collector for abatement of public
nuisances, demolitions, or structures secured against
entry.
Resolution adopting, confirming and approving Public
Works Director's Report for Traffic Signal Maintenance
District No. TS-1, Marketplace. Ward 4
Amendment No. 2 to Resolution No. 125-96 increasing
the dollar amount authorized for a State Revolving Fund
loan to upgrade and expand Wastewater Treatment
Plant No. 2. Ward I
Agreements:
Bakersfield Convention Center Expansion Project
(Arena):
Agreement with Rossetti & Associates Architects
($52,000) for design and specification services
with respect to fixtures, furnishings and
equipment. Ward 2
Agreement with BSK & Associates Architects
($300,000) for materials testing services during
construction. Ward 2
Consultant Agreement with AGRA Earth &
Environmental, Inc., $61,250, to provide materials
testing during FY 1997-98.
Independent Contractor Agreement with AGRA Earth &
Environmental, Inc. $36,000, for materials testing for
Wastewater Treatment Plant No. 3 upgrade and
expansion. Ward 6
ACTION TAKEN
RES 114-97
RES 116-97
RES 116-97
RES 117-97
RES 125-96(2)
ROWLES ABSTAINED
DUE
TO CONFLICT
AGR 97-187
ROWLES ABSTAINED
DUE
TO CONFLICT
AGR 97-188
AGR 97-189
AGR 97-190
Bakersfield, California, July 16, 1997 - Page 5
CONSENT CALENDAR continued
Independent Contractor Agreement with BSK &
Associates, $65,000, for materials testing for
Wastewater Treatment Plant No. 2 upgrade and
expansion. Ward I
Agreement with Botach Tactical Weapons for exchange
of firearms.
Agreement with McFarlin & Anderson for bond counsel
services for Assessment Distdct 96-2, Allen Road Trunk
Sewer. Ward 4
Agreements with Sutro & Company for underwriting
services; and with Arter and Hadden for legal services
for Assessment District 97-1, Spring Meadows
II/Stockdale Commercial. Ward 4
Agreement with Kern High School District for partial
construction of Buena Vista ~ Sewer Trunk and
reimbursement. Ward 4
Agreements with Habitat for Humanity, Inc. and with
Engineered Communities, Inc. to purchase tax defaulted
properties. Ward I
10.
Amendment No. 2 to Disposition and Development
Agreement No. 94-59 between City of Bakersfield,
Central District Development Agency and John Q.
Hammons Hotels, Bakersfield, L.P. concerning Holiday
Inn Select Hotel. Ward 2
11.
Amendment No. 4 to Agreement No. 76-153 between
City of Bakersfield, East Niles Community Services
Distdct and Kern Sanitation Authority for the Bakersfield
Subregional Wastewater Management Plan.
Miscellaneous:
Contract Change Order No. 1, $34,164.50, to Contract
No. 97-56 with Sturgeon and Son, Inc. for construction
of Basins 12 & 13 at 2800 Acre Groundwater Recharge
Facility. Ward 4
Historic Preservation Commission 1996-97 Fiscal Year
Annual Report.
Executive Summary (Economic Trend Analysis Report)
for Redevelopment Study Areas (Southeast & East
Bakersfield). (Staff recommends referral to Budget &
Finance Committee)
ACTION TAKEN
AGR 97-191
AGR 97-192
AGR 97-193
AGR 97-194
AGR 97-195
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 97-196
AGR 97-197
AGR 97-198
AGR 94-59(2)
AGR 76-153(4)
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, July 16, 1997 - Page 6
CONSENT CALENDAR continued
Appropriate $127,051 to the Economic and Community
Development Operating Budget in the HOME Fund.
Appropriate $808,000 Road/Bridge Bond Fund
Resources to the Coffee Road Overcrossing Fund
Capital Improvement Budget for full and final settlement
payment regarding Greater Bakersfield Separation of
Grade District vs. P.G.& E. per Agreement No. 97-150,
Authorization to assist in the formation of a non-profit
public benefit corporation.
Cost Recovery System. (Staff recommends referral to
Budget & Finance Committee)
Motion by Rowles to adopt Consent Calendar with the
exception of Miscellaneous Items 2, 3. and 6.; Rowles
announced abstention on Agreement Items 1.a. and b. due
to potential involvement of employer and Agreement Item
8. due to employer being involved with project.
Miscellaneous:
Historic Preservation Commission 1996-97 Fiscal Year
Annual Report.
Motion by Sullivan to adopt Consent Calendar
Miscellaneous Item 2.
Miscellaneous:
Executive Summary (Economic Trend Analysis Report)
for Redevelopment Study Areas (Southeast & East
Bakersfield). (Staff recommends referral to Budget &
Finance Committee)
Motion by Carson to refer Miscellaneous Item 3. To Budget
& Finance Committee.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
APPROVED
APPROVED
DeMond requested staff advise Jerry Randall of Brown,
Randall & Reyes, when this issue will be addressed before
the Budget & Finance Committee.
Bakersfield, California, July 16, 1997 - Page 7
CONSENT CALENDAR continued
Miscellaneous:
6. Authorization to assist in the formation of a non-profit
public benefit corporation.
Motion by Carson to adopt Miscellaneous Item 6.
ACTION TAKEN
A PPR 0 VED
HEARINGS
1. Resolution ordedng the vacation of the 33-foot-wide alley, 20th
Place, in Block 208 from L Street to M Street. (ROI 1160) Ward
2
Hearing opened at 7:33 p.m.
No one spoke at hearing.
Hearing closed at 7:33 p.m.
Motion by DeMond to adopt resolution.
RES 118-97
A PPR 0 VED
Resolution ordedng the vacation of the 33-foot-wide alley, Wall
Street, in Block 247 from K Street to L Street. (ROI 1161) Ward
2
Rowles announced abstention due to his employer being
involved with the project.
Hearing opened at 7:35 p.m.
No one spoke at hearing.
Hearing closed at 7:35 p.m.
DeMond requested staff indicate on the diagrams of
downtown which alleys have been removed and ones that
will be removed.
RES 119-97
Motion by DeMond to adopt resolution. APPROVED
ABS ROWLES
Bakersfield, California, July 16, 1997 - Page 8
HEARINGS continued
3. Resolution ordedng the vacation of the 33-foot-wide alley, 20th
Place, in Block 207 from K Street to L Street. (ROI 1162)
Ward 2
Hearing opened at 7:37 p.m.
No one spoke at hearing.
Hearing closed at 7:37 p.m.
Motion by DeMond to adopt resolution.
ACTION TAKEN
RES 120-97
A PPR 0 VED
DEFERRED BUSINESS
Resolution confirming the report of the Chief Code Enforcement
Officer regarding assessments of certain properties for the
abatement of certain weeds, debris and waste matter. Wards
1,2
Development Services Director Hardisty provided background
information and amended staff recommendation to state the
assessment for property at 231 L Street be set at $295; and the
property at the NE corner of Tulare and Pacific Street be
removed from the resolution due to compliance.
DeMond requested staff notify the property owner of the NE
corner of Tulare and Pacific Street what has taken place
this evening; and notify the owner that cleanup needs to be
maintained on a timely basis.
Carson requested staff send a letter to the property owner
of 231 L Street stating waiver of fee is a one-time exception,
based on the confusion of ownership; but that the property
is expected to be maintained by the standards of the City of
Bakersfield.
Motion by Carson to not adopt the resolution.
APPROVED
NS ROWLES
MCDERMOTT
2. Agreement with Acclamation Insurance Management Services AGR 97-199
(AIMS) for outside claims administration.
Bakersfield, California, July 16, 1997 - Page 9
PUBLIC STATEMENTS continued
c. Troy Otto, Vice-President, AIMS, spoke and submitted written
material.
d. Robert Kretzmer, Carl Warren & Co., spoke.
ACTION TAKEN
DEFERRED BUSINESS continued
Motion by McDermott to approve agreement.
NEW BUSINESS
Ordinance adding Casa Loma No. 6 Annexation to Ward 1,
south of Casa Loma Drive between Union Avenue and
Cottonwood Road. Ward I
Ordinance adding Greenlawn Cemetery Annexation to Ward 2,
west of River Boulevard, south of Panorama Drive. Ward 2
Ordinance adding Chester No. 3 Annexation to Ward 2, along
Chester Avenue between W. Columbus Street and 34th Street.
Ward 2
Agreement with Kern Economic Development Corporation
(KEDC) for economic development in Kern County.
Motion by McDermott to approve the agreement with a
caveat to increase City contributions of $60,000 by adding
$100 per job, up to a maximum of an additional $40,000
annually; with the initiation being the year which the project
begins hiring employees within the City.
A PPR 0 VED
NS SULLIVAN
SALVAGGIO
FR
FR
FR
AGR 97-200
NAT
Mayor Price recognized Greg Whitney, KEDC, to speak.
Alternative motion by Rowles to approve the agreement
with a $60,000 baseline for 3 years, conduct an annual
evaluation during the budget process and allocate
additional money, ff necessary, based on performance.
A PPR 0 VED
NS MCDERMOTT
SULLIVAN
COUNCIL STATEMENTS
Salvaggio thanked the Police Department and Lieutenant Blackburn,
Sergeant Martin, Senior Patrol Officer Humphdes for their recent
assistance.
Bakersfield, California, July 16, 1997- Page 10
16£
COUNCIL STATEMENTS continued
Smith thanked the Fire Department for saving homes and alerting
property owners; and requested staff look into an area north of the
church on the northwest corner of Panorama and Fairfax. There
are board fences right next to a lot of dry material; should there be
firebreaks ?
ACTION TAKEN
Smith also requested City Attorney Skousen provide Council with
the current penalties for the crime; if the penalties are strong
enough for the crime; ff a plowdown date of May I't should be set;
and ff the property owners do not meet the date, how they can be
heavily fined; and suggestions for providing a safer community
against fire hazards.
Carson and Sullivan congratulated Gall Waiters and wished her good
luck in her new employment.
Carson requested staff inform Roy Malahowski and Barbara Harris
of the next Budget & Finance Committee meeting being held
August I, 1997.
DeMond thanked Chief Code Enforcement Officer Fidler for
enforcing cleanup; and requested 2 areas be checked: On
northwest corner of West Columbus and Union Manor between the
office building, sidewalk and the apartment complex; and also on
the other side between the mobil home unit and the apartment
complex;
DeMond requested the southwest corner of West Columbus and
Union Avenue be provided with a slope in the sidewalk under ADA
regulations.
Sullivan thanked the Police and Fire Departments for their service.
Sullivan requested an evaluation of speed limits at McKee Road
between Wible and Stine Roads due to speed/traffic problems.
McDermott thanked staff on the annexation success and stated the
residents noticed that the streets were clean; and requested the
sidewalk be repaired.
McDermott announced Centennial Foundation activities June 18 & 19:
Hot Cars under the Stars, bed races and barbeque at Mesa Man'n
Raceway.
Bakersfield, California, July 16, 1997- Page 11
COUNCIL STATEMENTS continued
Mayor announced Council will reconvene into Closed Session at 8:40
p.m.
CLOSED SESSION continued
2. Public Employee Performance Evaluation (§54957) - City
Attorney.
Mayor reconvened the City Council meeting at 10:10 p.m.
Motion by Row/es to continue City Attorney Judy Skousen's
contract with no changes.
ADJOURNMENT
Motion by Rowles at I0:12 p.m.
ACTION TAKEN
A PPR 0 VED
NS DEMOND
A PPR 0 VED
ATTEST:
CITY CLERK and Ex Officio Clerk/'9/f the
Council of the City of Bakersfield,~'CA
MAYOR BOB PRICE of the City of Bakersfield, CA
JUL16.97
August 19, 1997