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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