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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