HomeMy WebLinkAbout11/19/1997 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 19, 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 Price, Councilmembers Rowles (seated at
5:30), Carson, DeMond, Smith (seated at 5:23),
McDermott, Sullivan (seated at 5:30), Salvaggio
(seated at 5:45)
None
ACTION TAKEN
2. WORKSHOP
Mayor Price reversed the order of the Workshops.
b. Anti-Graffiti Update.
Public Works Director Rojas introduced General
Services Superintendent Underwood who provided
current and future activity reports and thanked City staff
members who participated in the program. Mayor,
Councilmembers, staff and the public gathered outside
where Mayor presented the new billboard.
Status of Police Department Programs Addressing
Violent Crimes.
Police Chief Steve Brummer provided a status report on
current violent crimes with comparisons from previous
years; provided information on the programs Aggressive
Enforcement and Prevention and Inten~ention; and
introduced Assistant Chief Eric Matlock, Captain Dave
Jackson, Lieutenant Brad Wahl, Assistant Chief Bill
Horton, Captain Nell Mahan, Sergeant Phil Clark and
Sergeant Bill Henry.
Motion by Rowles to add Closed Session Item b. to
the agenda that arose after the agenda was posted
and requires action this evening.
APPROVED
Motion by Rowles to recess to Closed Session at APPROVED
6:35 p.m.
Bakersfield, California, November 19, 1997 - Page 2
CLOSED SESSION
Conference with Legal Council {}54957 Public
Employment
Closed Session to consider the request of a Police
Officer for leave of absence without pay for a period of
time greater than 180 calendar days.
Conference with Legal Council §54956.9(a) - Existing
Litigation
Residents for Public Participation, Inc., et al. vs. City of
Bakersfield, et al.
Kern Superior Coud Case No. 234032-NFT
ACTION TAKEN
GRANTED ADDITIONAL
90 DAYS WITHOUT PAY
UPDATE RECEIVED
Motion by Rowles to adjourn from Closed Session at
6:52 p.m.
APPROVED
REGULAR
1.
MEETING
INVOCATION by Paul Dennis, Director, First Assembly of God
Church
PLEDGE OF ALLEGIANCE by Mayor Bob Price
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles, Carson,
DeMond, Smith, McDermott, Sullivan, Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected on
this page.
PRESENTATIONS
PUBLIC STATEMENTS
Ayodeji A. Ogundare, Pacific Resources, spoke
regarding the appeal and protest on bid rejection on the
annual contract for curbs, gutters and sidewalk; and
submitted written material.
7. APPOINTMENTS
Bakersfield, California, November 19, 1997 - Page 3 ~, ~)~.~
CONSENT CALENDAR
Minutes:
a. November 5, 1997 Council Meeting.
Payments:
Payments from October 11 to November 7, 1997 in the
amount of $8,083,972.68; and Self Insurance payments
from October 11 to November 7, 1997 in the amount of
$112,570.65.
Resolutions:
Resolution approving the application for grant funds for
the Environmental Enhancement and Mitigation Program
under Streets and Highway Code Section 164.56 for
Panama Lane/State Route 99 landscaping.
Resolution authorizing City staff to negotiate and
requisite City officials to execute standard agreements
for sale of all or a portion of the City Geographic
Information Systems Database.
e. Wastewater Treatment PlanESewer Revenue Bonds:
Amendment No. 1 to Resolution No. 196-93 to
provide clarity for the issuance of the sewer
revenue bonds, Series 1997.
Resolution relating to Wastewater Treatment
Plant financing, including authorizing sewer
revenue bonds, approving Pumhase Contract
with George K. Baum & Company and the
Preliminary Official Statement.
f. Automated Refuse Collection Program:
Resolution determining that refuse and
greenwaste carts cannot be masonably obtained
through usual bidding procedures and
authorizing the Finance Director to dispense with
bidding.
,.
Agreement with Kern Refuse Disposal, Inc.
establishing a loan for automated refuse
containers and trucks for Phase IV of the
program, not to exceed $552,480; and
appropriate fund balance to the Public Works
Operating Budget within the Equipment
Management Fund.
ACTION TAKEN
RES17~97
RES 178-97
REMOVED FOR
SEPARATE
CONSIDERATION
RES 179-97
AGR 97-3tf
RES t80-97
AGR 97-312
Bakersfield, California, November 19, 1997 - Page 4
CONSENT CALENDAR continued
Agreements:
g. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with
Castle & Cooke California, Inc. for Tract 5489,
Phase D, north of Brimhall Road, east of Old
Farm Road. Ward 4
Final Map and Improvement Agreements with
Soper Homes, Inc. for Tract 5872, Phase 1, at
the southwest corner of White Lane and Saddle
Drive. Ward 4
Improvement Agreement with J.O. Barber for
Parcel Map 10444 at the northeast corner of
Motor Center Drive and Wible Road. Ward 6
Agreement with Bethany Services, $47,125, Emergency
Shelter Grant (ESG) funds, to support the essential
services and operating costs to expand the child care
services at the Bakersfield Homeless Center, 1600 E.
Truxtun Avenue. Ward 2
Agreement with Alliance Against Family Violence and
Sexual Assault (AAFV), for up to $24,125 Emergency
Shelter Grant (ESG funds, for operational activities,
essential services and homeless prevention activities to
benefit homeless women and children who have
survived domestic violence.
j. 1998 Health Care Contracts:
Agreement with Kaiser Foundation Health Plan
for group medical and hospital service for
employees.
Agreement with Kaiser Foundation Health Plan
for group medical and hospital service for
retirees. (Kaiser Permanente Senior Advantage)
Agreement with County of Kem for operation of the Kern
Law Enforcement Joint Regional Training Academy.
Design Consultant Contract with Carollo Engineers,
$70,000, for Wastewater digester gas co-generation
upgrade at Plant No. 3. Ward 6
ACTION TAKEN
AGR 97-313
AGR 97-314
AGR 97-315
AGR 97-316
AGR 97-317
AGR 97-3f8
AGR 97-319
AGR 97-320
AGR 97-321
AGR 97-322
AGR 97-323
Bakersfield, California, November 19, 1997 - Page 5 ~ ~ ;,~
CONSENT CALENDAR continued
Memorandum of Understanding between City of
Bakersfield, County of Kern, Kern Council of
Governments (Kern COG), Golden Empire Transit
District (GET) and State of California Department of
Transportation (CalTrans) for the Metropolitan
Transportation Investment Strategy (MTIS).
Amendment No. 1 to Agreement No. 96-299 between
City of Bakersfield, County of Kern and Kern Community
College District for in-service training and instructional
services at the Olive Drive Fire Training Center.
Bids:
Award contract to S.A. Camp Pump Company,
$425,492, for drilling, casing and pump testing 4 gravel
envelope wells, Stations CBK 32, 37, 38 & 39, for Water
Resources Department. Wards 4,6
Miscellaneous:
Appropriate $79,200 Developer Share of project cost to
the Capital Improvement Budget within the Gas Tax
Fund for roadway improvements on White Lane between
Mountain Vista Drive and Saddle Drive. Ward 4
Installation of speed undulations on Quailwood Drive
between North El Rio Drive and Pheasant Avenue.
Ward 5
Motion by Rowles to adopt Consent Calendar Items
a. through q. with the exception of e. l.
ACTION TAKEN
AGR 97-324
AGR 96-299(1)
CON 97-325
APPROVED
Wastewater Treatment Plant/Sewer Revenue Bonds:
Amendment No. 1 to Resolution No. 196-93 to
provide clarity for the issuance of the sewer
revenue bonds, Sedes 1997.
City Attorney Skousen provided background information
and introduced Sam Sperry to speak.
Sam Sperry, Orick, Herrington & Sutcliffe, Bond Counsel,
spoke and requested amendments be incorporated into
the resolution.
RES 196-93(~)
Bakersfield, California, November 19, 1997 - Page 6
CONSENT CALENDAR continued
Motion by Rowles to adopt resolution with the
following modifications:
Section 12.02, Page 12 - add language at the end of
Subparagraph (e), to read "-----without the prior
written consent of the bond insurer."; and delete
Subparagraph (f).
Section 13.04, Page 16 - add a proviso at the end of
the 1=t sentence, to read "; provided that a
supplemental resolution for the purpose of
authorizing Parity Obligations in compliance with the
conditions specified by Section 2.11 of the 1994
Resolution, as amended by this Supplemental
Resolution, shall not require the consent of the bond
insurer."
ACTION TAKEN
APPROVED
HEARINGS
a. Appeal by Jessie Bowden regarding the decision by the
hearing officer to abate a nuisance at 3418 Anderson
Street. Ward 1
Hearing opened at 7:21 p.m.
Jessie Bowden spoke in opposition to staff
recommendation.
Chief Code Enforcement Office Fidler spoke in support
of staff recommendation.
Hearing closed at 7:24 p.m.
Motion by Carson to postpone Council action to
December 17, 1997.
APPROVED
Appeal by Rex Mull regarding the decision by the
hearing officer to abate a nuisance at 509 G Street.
Ward 1
Hearing opened at 7:32 p.m.
Rex Mull spoke in opposition.
Hearing closed at 7:38 p.m.
Motion by Carson to adopt resolution.
Amended motion by Carson to adopt resolution and
allow 3 weeks for property owner to correct the
nuisance.
RES 181-97
NAT
APPROVED
Bakersfield, California, November 19, 1997 - Page 7 !2 ',~ ~
10.
HEARINGS continued
Resolution adopting the 2010 Capital Improvement Plan
of the North Bakeinfield Recreation and Park District
(NOR) for parks located within the City of Bakersfield
and appropriate $150,000 estimated park development
fees to Community Services Capital Improvement
Budget within the Park Improvement Fund. Ward 4
Development Services Director Hardisty provided
background information.
Hearing opened at 7:40 p.m.
Roger Mcintosh, representing the Building Industry
Association, spoke in opposition to recommendation.
Henry Agonia, General Manager, North Bakersfield
Recreation and Park District, spoke in support.
Hearing closed at 7:58 p.m.
Motion by McDermott to refer to Urban Development
Committee.
ACTION TAKEN
APPROVED
Resolution establishing the City of Bakersfield as a
Permit Consolidation Zone and authorizing
Environmental Services to submit the application to Cal
EPA. (SB1299)
Hearing opened at 8:05 p.m.
No one spoke at hearing.
Hearing closed at 8:06 p.m.
Motion by Salvaggio to adopt resolution.
RES 182-97
APPROVED
REPORTS
a. City Manager Oral Report No. 6-97 regarding Status of
Contract Negotiations with Ogden Entertainment.
City Manager Tandy provided an update of negotiations,
Bakersfield, California, November 19, 1997 - Page 8
11.
DEFERRED BUSINESS
Ordinance amending Condition of Approval No. 9 to
Ordinance No. 3308 (ZC 5028) pertaining to revision of
street improvements phasing along the west side of Old
River Road between Ming Avenue and White Lane. Ward
4 (First reading 11/5/97)
Motion by McDermott to adopt ordinance.
ACTION TAKEN
ORD 3808
APPROVED
12.
NEW BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map Nos. 124-06 and 124-
07 by changing the zoning from County to City One
Family Dwelling, Limited Multiple Family Dwelling,
Commercial and Professional Office, Neighborhood
Commercial, Regional Commercial, Light Manufacturing
and General Manufacturing at south of Belle Terrace to
Planz Road between South H Street and Union Avenue.
(Prezoning P97-0533) Wards 1,7
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 102-15 by
changing the zoning on 2.01 acres from One Family
Dwelling to One Family Dwelling-Church at the
southeast corner of Fruitvale Avenue and Olive Springs
Drive. (ZC P97-0553) Ward 3
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 102-35 by
changing the zoning on 3.74 acres from One Family
Dwelling to One Family Dwelling-Church at the northwest
corner of Stockdale Highway and Real Road. (ZC P97-
0549) Ward 5
Ordinance adding Chapter 2.37 to establish POST
standards for the recruitment and training of
telecommunicators; and allowing the Police Department
to be reimbursed for the cost of POST-certified dispatch
training.
Ordinance amending Section 9.36.070 regarding graffiti
removal.
Resolution setting the dates of Regular Meetings,
Budget Hearings and Department Presentations of the
City Council for January through December 1998.
FR
FR
FR
FR
FR
RES 183-97
Motion by Rowles to adopt resolution. APPROVED
Bakersfield, California, November 19, 1997 - Page 9 ~ ~ ,;
13.
COUNCILSTATEMENTS
McDermott requested a previous referral for installation of
a 4-way stop at the intersection Grand Lakes and Ming
Avenue be expedited prior to fog season; and prioritize
installation of a signal at that location.
ACTION TAKEN
McDermott provided a Centennial Foundation Celebration
events update:
· Centennial Store opened in the East Hills Mall - tapestry
of City history, calendar of Centennial events, historical
photographs of Bakersfield, cookbooks, bdck;
· Fox Theater - Steve Winwood;
· Historical Home Tour - December 1997;
· Rose Parade float - January 1, 1998;
· Centennial Parade Gala - January 10, 1998
McDermott commented on a Councilmember's anti-semitic
remarks and a letter received from a citizen.
Carson provided a letter City Attorney Skousen and
requested Legislative and Litigation Committee and City
Attorney look into neck massage licensing and a possible
resolution.
Carson commented on the citizen's letter earlier referred to by
McDermott.
Salvaggio requested staff provide an update on a previous
referral regarding feasibility of a left-turn phase at Planz and
South H Street.
Salvaggio requested staff provide an update on a previous
referral regarding street remediation on McDonald Way,
west of Kern Schools Federal Credit Union; and on the
street north of the parking lot.
Salvaggio commented on the citizen's letter eadier referred to by
McDermott.
DeMond referred a phone message she had received
regarding transient problems at 33'" and K Streets to Chief
Code Enforcement Officer Fidler.
DeMond referred to Public Works Department the issue of
CalTrans needing to expedite installation of a traffic signal
at 24~" Street and Chester Avenue.
Bakersfield, California, November 19, 1997 - Page 10
13.
COUNCIL STATEMENTS continued
DeMond commented on the citizen's letter referred to earlier by
McDermott.
Smith thanked Public Works Director Rojas for sending a letter
to CalTrans regarding the Highway 178/Comanche Road
intersection.
Smith commented on the citizen's letter earlier referred to by
McDermott.
McDermott requested staff to look into the railroad crossing
at N Street which is in urgent need of being rebuilt. Public
Works Director Rojas responded.
ACTION TAKEN
McDermott requested department staff contact Rosedale
School District, et al. and provide them information
regarding playground equipment construction to meet the
American Disabilities Act restrictions, i.e. rubber pathway
at Tevis Park.
McDermott requested staff look into the use of a
combination of artificial and real grass in the high utilization
areas in parks to reduce maintenance costs. Contact Doug
Carter, Kern Farming.
McDermott announced CalTrans will be holding a public headng
on December 11, 1997 at Rosedale Middle School regarding the
Kern River Freeway Alignment.
DeMond requested staff take the appropriate action to
obtain the railroad company's attention on railroad crossing
repair and maintenance.
DeMond announced she would be happy to sign the Centennial
Cookbooks.
Mayor announced the City's first professional soccer game took
place last Saturday night and was attended by more than 10,000
people.
Rowles thanked and expressed his appreciation to everyone
who attended his wedding.
Bakersfield, California, November 19, 1997 - Page 11
14.
ADJOURNMENT
Motion by Rowles to adjourn at 8:40 p.m.
ACTION TAKEN
APPROVED
MAYOR BOB PRICE of the City of Bakersfield, CA
ATTE . ~
CITY CLERK and Ex Officio Clerk d.~he Council
of the City of Bakersfield, CA