HomeMy WebLinkAbout08/06/1997 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 6, 1997
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
Mayor Price called the meeting to order at 5:25 p.m.
ROLL CALL
Present:
Absent:
Mayor Pdce, Councilmembers Rowles (seated at 5:30),
Carson (seated at 5:30), DeMond, McDermott, Sullivan,
Salvaggio (seated at 5:26)
Councilmember Smith
ACTIONTAKEN
WORKSHOP
1. Consolidated Permit Zone.
Fire Chief Kelly provided introductory comments and
introduced Hazardous Materials Coordinator Huey who
provided an overhead presentation.
Motion by Rowles to recess to Closed Session at 5:34 p.m.
CLOSED SESSION
Conference with Legal Counsel (§54956.9(a)) 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 Manager.
Motion by Rowles to adjourn from Closed Session at 9:15
p.m.
APPROVED
AB SMITH
CITY ATTORNEY
PROVIDED UPDATE
CONTINUED AFTER
THE REGULAR
COUNCIL MEETING
A PPR 0 VED
AB SMITH
Bakersfield, California, August 6, 1997- Page 2
REGULAR MEETING
INVOCATION by Dale Hawley, Director, First Assembly of God Church
PLEDGE OF ALLEGIANCE by Kevin McDermott
ROLL CALL
Present: Mayor Price, Councilmembers Rowles, Carson,
DeMond, McDermott, Sullivan, Salvaggio
Absent: Councilmember Smith
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected on Page
I.
PRESENTATIONS
PUBLIC STATEMENTS
Jackie Belluomini, Greater Bakersfield Convention and Visitors
Bureau, Sales and Service Manager, spoke regarding
upcoming events at the scheduled at the arena.
APPOINTMENTS
1. Removal of Joan Starkey from the
Commission.
Historic Preservation
Motion by Rowles to remove Joan Starkey from the Historic
Preservation Commission and direct staff to readvertise
and recruit potential applicants.
CONSENT CALENDAR
Minutes:
1. July 16, 1997 Council Meeting.
Payments:
1. Payments from July I to July 25, 1997 in the amount of
$9,124,951.64; and Self Insurance payments from July
1 to July 25, 1997 in the amount of $293,910.35.
ACTION TAKEN
APPROVED
AB SMITH
Bakersfield, California, August 6, 1997 - Page 3
CONSENT CALENDAR continued
Tract Maps and Improvement Agreements:
Improvements Agreements with Castle & Cooke
Commemial-CA, Inc. for Parcel Map 10299 at Stockdale
Highway and Buena Vista Road. Ward 4
Bids:
Award contracts to Badger Meter, Inc., not to exceed
$71,013.32; and ABB Water Meters, Inc., not to exceed
$38,072, for water meters. Total $109,085.32.
Award contract to Granite Construction Company,
$312,456, for road improvements to State Route 178,
west of Fairfax Road. Ward 3
Award contract to Kaweah Construction Company,
$11,686,500, for upgrade and expansion of Wastewater
Treatment Plant No. 3. Ward 6
Accept low bid from Quinn Company, $218,335.26, for
1 replacement hot mix asphalt paver and trailer for
Streets Division.
Ordinances:
Resolutions:
Resolution appropriating $9,000 Asset Forfeiture Funds
to the Police Department Operating Budget in the
General Fund to purchase 1 police service dog.
Resolution authorizing the City Manager to file an
application with the National Park Service, U.S.
Department of Interior, to acquire Bakersfield Federal
Building at 800 Truxtun Avenue for recreation use.
Ward 2
Resolution authorizing the execution of a Joint Exercise
of Powers Agreement to participate as an associate
member of the California Rural Home Mortgage Finance
Authority in the Second Mortgage Program.
Resolution determining that Geographic Information
System (GIS) hardware and software for use in the
Management Information Services Division cannot be
obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with
bidding, not to exceed $67,000.
ACTION TAKEN
AGR 97-201
AGR 97-202
CON 97-203
CON 97-204
CON 97-205
CON 97-206
RES 121-97
REMOVED FOR
SEPARATE
CONSIDERATION
RES 122-97
AGR 97-207
RES 123-97
Bakersfield, California, August 6, 1997 - Page 4
CONSENT CALENDAR continued
5. Organizational issues:
Amendment No. 5 to Resolution No. 19-96
setting salaries and related benefits for
employees of the Management Unit.
New job specifications for Assistant Director of
Recreation and Parks.
6. Personnel changes:
Amendment No. 3 to Resolution No. 12-96
setting salaries and related benefits for
employees of the White Collar Unit.
Reclassification of Micrographic Technician to
Engineering Aide I.
Amendment No. 1 to Resolution No. 8-97 confirming
assessments for sewer connection fees and authorizing
the collection of assessments by the Kern County Tax
Collector.
Amendment No. I to Resolution No. 32-97 confirming
assessments to construct curb, gutter and drive
approach at 2202 B Street and authorizing the collection
of assessments by the Kern County Tax Collector.
Ward 2
Amendment No. 1 to Resolution No. 105-96 increasing
dollar amounts relative to a State Revolving Fund loan
to upgrade and expand Wastewater Treatment Plant
No. 2. Ward I
Agreements:
Agreement with Arvin-Edison Water Storage District for
License to Encroach on Right of Way located at Golden
Gate Bridge on Golden Gate Drive, north of Panama
Lane, west of Stine Road. Ward 6
Grant Agreements (CDBG, HOME, ESG) with the U.S.
Department of Housing and Urban Development (HUD)
for FY 1997-98 Consolidated Plan.
Purchase Agreement between City of Bakersfield,
Carosella Properties, Inc. and Castle & Cooke
California, Inc. for City to acquire real property south of
the Kern River Channel between Allen & Buena Vista
Roads. Ward 4
ACTION TAKEN
RES 19-96(5)
RES 12-96(3)
RES 8-97(I)
RES 32-97(1)
RES I05-96(1)
AGR 97-208
AGR 97-209
AGR 97-210
AGR 97-211
AGR 97-212
DEED 4740
Bakersfield, California, August 6, 1997 - Page 5
CONSENT CALENDAR continued
Agreement with After & Hadden to provide legal
services for Assessment District No. 96-2, Allen Road
Sewer Trunkline. Ward 4
Expansion of sewer trunk lines and other improvements
for Wastewater Treatment Plant Nos. 2 and 3 (Wards 1,
6):
Agreement with Orrick, Herrington and Sutcliffe
as bond counsel in connection with proposed
issue of sewer revenue bonds, not to exceed
$25 million, to finance expansion and
improvements.
Agreement with After and Hadden as disclosure
counsel in connection with the proposed bond
issue.
Consultant Agreements with Albert Grover Associates,
$50,000; with Ronald F. Ruettgers Civil Engineer,
$50,000; and with Barton-Aschmen Associates, Inc.,
$50,000, for on-call engineering services for design of
traffic signal and lighting systems at various locations,
FY 1997-98 and FY 1998-99.
Amendment No. I to Consultant Agreement No. 96-266
with Martin-Mcintosh, $10,400, for design of Buena
Vista Road Sewer Trunk Line, Phase II. Ward 4
Assignment between City of Bakersfield, Sports-R-Us,
Inc. and Flying Puck to Agreement No. 97-181
regarding the Multiple Purpose Arena Hockey Lease.
Miscellaneous:
Contract Change Order No. 12, $15,736.49, to Contract
No. 94-108 with Spiess Construction Company for
construction of the Northeast Trunk Sewer. Ward 3
Amendment No. 6 to FY 1996-97 and Amendment No.
I to FY 1997-98 to the Consolidated Plan (CDBG).
Modifications to FY 1997-98 Capital Improvement
Program Budget.
4
Appropriate $20,000 from Heart Smart Cities Project
grant funds to the Recreation Division Operating Budget
within the General Fund.
ACTION TAKEN
AGR 97-213
AGR 97-214
AGR 97-215
AGR 97-2~6
AGR 97-217
AGR 97-2'18
AGR 96-266(1)
AGR 97-181(1)
AGR 97-219
AGR 97-220
REMOVED FOR
SEPA RATE
CONSIDERATION
Bakersfield, California, August 6, 1997 - Page 6
CONSENT CALENDAR continued
Motion by Rowles to adopt Consent Calendar with a change
to Agreement 3. to include Castle & Cooke California, Inc.
to the agreement; and with the exception of Resolution 2.
and Miscellaneous 3.
ACTION TAKEN
APPROVED
AB SMITH
RESOLUTIONS:
Resolution authorizing the City Manager to file an application
with the National Park Service, U.S. Department of Interior, to
acquire Bakersfield Federal Building at 800 Truxtun Avenue for
recreation use. Ward 2
Motion by Carson to postpone Consent Calendar
Resolution 2. and refer to Intergovernmental Relations
Committee to come back with a recommendation.
RES 124-97
NAT
Carson requested this issue be addressed at the next
Intergovernmental Relations Committee meeting to come
back to Council in September.
Amended motion by Carson to adopt Consent Calendar
Resolution 2. and refer to Intergovernmental Relations
Committee to come back with recommendation.
APPROVED
NS SALVAGGIO
AB SMITH
MISCELLANEOUS:
Modifications to FY 1997-98 Capital Improvement Program
Budget.
Motion by Salvaggio to adopt Consent Calendar
Miscellaneous 3. and refer the additional traffic issues
(cutting through residential areas) regarding a new signal
at Beech and 24~ Streets to Urban Development Committee.
A PPR 0 VED
AB SMITH
HEARINGS
1.
Abatement of Public Nuisance:
Resolution confirming the report of the Chief
Code Enforcement Officer regarding
assessments for properties for the abatement of
certain weeds, debris and waste matter. Wards
1,2,3,4,5,7
RES '125-97
Bakersfield, California, August 6, 1997 - Page 7
HEARINGS continued
Development Services Director Hardisty
announced property at 705 So. Brown should
be removed due to payment of assessment.
Resolution confirming the report of the Chief
Code Enforcement Officer regarding
assessments for properties for wh, ich structures
have been secured against entry to abate
property maintenance nuisances. Wards 1, 2, 6
Hearing opened at 7:54 p.m.
No one spoke at hearing.
Hearing closed at 7:54 p.m.
Hearing re-opened at 7:57 p.m.
Sherd Bowden, and Clifford Greenwood spoke in opposition to
the assessments for 530 9th Street and 600 E. 9th Street.
Hearing closed at 8:00 p.m.
Motion by Carson to adopt the resolutions with an
amendment to remove properties at 530 9th Street and 600
E. 9th Street, direct staff to meet with Ms. Bowden and Mr.
Greenwood regarding her properties and bring back to
Council August 20, 1997.
Development Director Hardisty announced property at 1525
Oregon Street be removed due to payment of assessment.
Motion by McDermott to reconsider the last motion,
deleting property at 1525 Oregon Street.
ACTION TAKEN
RES 126-97
APPROVED
AB SMITH
APPROVED
AB SMITH
Motion by DeMond to adopt resolutions with an amendment
to Item a. removing properties at 705 So. Brown, 530 9th
Street and 600 E. 9~ Street and Item b. removing property
at 1525 Oregon Street.
APPROVED
AB SMITH
Conveyance of building at 1033 Truxtun Avenue to the
Kern County Farm Bureau (Ward 1):
a. Resolution authorizing conveyance.
b. Agreement with Kern County Farm Bureau, Inc.,
to convey.
RES 127-97
AGR 97-221
171
Bakersfield, California, August 6, 1997 - Page 8
HEARINGS continued
2. Hearing opened at 8:04 p.m.
Loren Hodge, Director, Kern County Farm Bureau,
spoke in favor.
Motion by DeMond to adopt resolution and approve
agreement.
Continued hearing to consider a resolution adopting the
proposed 1997-2016 Regional Transportation Capital
Improvement Plan and Fee Schedule, Phases I and II.
Public Works Director Rojas provided background
information.
Hearing opened at 8:08 p.m.
No one spoke at hearing.
Hearing closed at 8:08 p.m.
Motion by McDermott to adopt resolution.
REPORTS
DEFERRED BUSINESS
Ordinance adding Casa Loma No. 6 Annexation to
Ward 1, south of Casa Loma Drive between Union
Avenue and Cottonwood Road. (First reading 7/25/97)
Ward 1
Ordinance adding Greenlawn Cemetery Annexation to
Ward 2, west of River Boulevard, south of Panorama
Drive. (First reading 7/25/97) Ward 2
Ordinance adding Chester No. 3 Annexation to Ward 2,
along Chester Avenue between W. Columbus Street
and 34th Street. (First reading 7/25/97) Ward 2
ACTIONTAKEN
A PPR 0 VED
AB SMITH
RES 128-97
APPROVED
AB SMITH
ORD 3777
ORD 3778
ORD 3779
Staff recommends adoption of Deferred Business APPROVED
Items 1. 2., 3. AB SMITH
Bakersfield, California August 6, 1997 - Page 9
172
NEW BUSINESS
ACTIONTAKEN
Clean-up legislation concerning inconsistencies with the
actual practices of the City:
Ordinance amending Section 2.18.010 relative
to Water Board membership.
FR
Ordinance amending Section 2.28.090 regarding
alternates to the Board of Zoning Adjustment.
FR
Ordinance repealing Chapter 2.20 relating to
Department of Fire and Development Services.
FR
Ordinance repealing Sections 3.70.020,
3.70.050B., 3.70.070B., and amending Section
14.04.1 lOG. relating to Fee and Service Charge
Revenue/Cost Comparison System.
FR
Ordinance repealing Section 2.72.160 relating to
general residency requirements.
FR
Ordinance adding Section 12.36.025 relating to
curb, gutter and related fees.
FR
Ordinance amending Section 14.12.390 relating
to sewer connection fees.
FR
City Attorney Skousen provided background information.
Agreement with S.C. Anderson, Inc., $298,000, for
project oversight and management during construction
of the Bakersfield Convention Center Expansion Project
(Arena). Ward 2
DELETED
COUNCILSTATEMENTS
Mayor Price referred the letter from the Kern County Museum
requesting an additional board member, specifically
Councilmember DeMond, for the Joint Powers Agreement study
board to the Budget and Finance Committee for a recommendation
back to Council
Mayor Price requested an consecutive alpha or numerical listing
for each agenda item on the City Council agenda for easy
reference.
DeMond concurred on changes to the Council agenda.
Bakersfield, California, August 6, 1997 - Page 10
COUNCIL STATEMENTS continued
DeMond commented on the Kern County Museum ad hoc
appointments.
DeMond commented on last night's "Night Out Against Crime" and
thanked all staff from the Police Department, Fire Department and
Economic and Community Development.
DeMond commented on Fire Station No. 1 being refurbished.
Salvaggio was pleased the' hot asphalt paver was approved this
evening; and requested delivery time. Public Works responded.
Salvaggio expressed his regards for Street Superintendent Peralez.
Salvaggio requested City Manager Tandy verify whether John Q.
Hammons has affiliation or connection with PC£ Construction.
ACTION TAKEN
Salvaggio stated concerns regarding Holiday Inn assuming
responsibilities of Sports Service recently.
McDermott requested the financing issues regarding the JPA
Study Board and the Consolidated Transportation Service Agency
be referred to Budget and Finance Committee; and the
appointments to the JPA Study Board be referred to Vice-Mayor
Rowles.
McDermott inquired about a tour of the Police Department addition.
City Manager Tandy responded.
McDermott requested Budget and Finance Committee look into
what impacts State cutbacks may have on projects lie COPS,
downtown project).
McDermott announced upcoming Centennial Foundation events:
August 17, 1997- Historical collection fundraising event at the
Bank of America
January 10, 1998 - "Party of the Century" gala
January 11, 1998 - Parade and Celebration
and announced the progression of the Brick Sales Program.
Carson announced 2 "Night Out Against Crime" programs in her area.
The one in Lowell Park was well attended and thanked staff and
Councilmember Sullivan.
Carson thanked Code Enforcement for their expedient response to a
trash problem.
Bakersfield, California, August 6, 1997- Page 11
174
COUNCIL STATEMENTS continued
Rowles read a memo from Councilmember Smith regarding
Apartment Complexes and Public Safety requesting:
Public safety in and around apartment complexes be referred to
the Police Department; City Attorney evaluate the feasibility of
suing apartment complexes as public nuisances and report back
to Council under potential litigation; City Council request a
workshop and draft any necessary ordinances/resolutions
addressing issues from design to operation and management of
apartment complexes (Crime-Free Multi-Family Program); and
Police, Fire, City Attorney and Development Services review the
efforts at the Urban Development Committee meeting of August 13,
1997.
ACTION TAKEN
Rowles thanked Development Services Department for outstanding
service for a code enforcement issue in Kern City regarding
encroachment of patio awnings.
Rowles requested Pubtic Works: Assess pedestrian/speeding
problems at Hilton Head and Moffitt; look into a potential signal
Cherry Hills and Stockdale Highway and; analyze the signal timing
at Village Lane and Stockdale Highway.
DeMond requested staff analyze the apartment situations
regarding property management (landlords), safety and City
liability in parking structures.
Row/es announced his engagement and upcoming wedding this Fall.
Mayor Price Council will reconvene into Closed Session at 8:40 p.m.
CLOSED SESSION
2. Public Employee Performance Evaluation ({}54957) -
City Manager.
EVALUATION
COMPLETED
Mayor reconvened the City Council meeting at 9:08 p.m, and
announced Closed Session Action.
i75
Bakersfield, California, August 6, 1997 - Page 12
ADJOURNMENT
Motion by McDermott to adjourn at 9:09 p.m
ACTION TAKEN
A PPR 0 VED
AB SMITH
ST:
CITY CLERK and Ex Officio (~brk of
of the City of Bakersfield, CA
the Council
MAYOR BOB PRICE of the City of Bakersfield, CA
AUG6.97
August 26, 1997