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Home My WebLink About12/18/1996 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 18, '1996 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Smith (seated at 5:25), McDermott, Sullivan (seated at 5:25), Salvaggio (seated at 5:40) Vice Mayor Rowles CAPITAL IMPROVEMENT PROGRAM UPDATE. Public Works Director Rojas briefly spoke and introduced Engineering Services Manager LaRochelie who provided a status report with a overhead presentation on the Capital Improvement Program and introduced the Construction Division staff. McDermott requested constituents be notified when construction commences on the Coffee Road Grade Separation Project; cha~ges to the monthly updates be sorted by wards and changes highlighted; and urged staff stay on schedule for street lights on Hageman and Calloway; and Riverlakes and Hageman. Carson requested the Martin Luther King, Jr. Center improvements be rescheduled for an earlier time so it will not commence during the summer months. Motion by DeMond to recess to Closed Session at 5:42 p.m. APPROVED CLOSED SESSION Conference with Legal Counsel - Potential Litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b). One potentlal case. CITY ATTORNEY RECEIVED INSTRUCTION Bakersfield, California, December 18, 1996 - Page 2 CLOSED SESSION continued 2. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 concerning property identified as (approximately 1/4 acre of the Convention Center site) APN 006-271-01 (1033 Truxtun Avenue) BakersfieLd, California. Negotiating partie.s: City of Bakersfield (Al&n Tandy) and Kern county Chamber of Commerce (chris Frank). Under negotiation: All terms. ACTION TAKEN STAFF RECEIVED INSTRUCTION AGR 96-364 Motion by McDermott to adjourn from Closed Session at 6:05 p.m. APPROVED AB ROWLES REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Pastor Tyree Tolliver 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL ACTION TAKEN Present: Mayor Price, Councilmembers Rowles, Carson, DeMond, Smith, McDermott, Sullivan, Salvagg~io Absent: None CLOSEDSESSIONACTION Mayor Price announced Closed Session action as reflected on Pages 1 and 2. PRESENTATIONS Presentation by Mayor Price of Retirement Plaque to Henry Pacheco, Deputy Fi~e Chief, for 21'9~5 y~ars of service to the City of Bakersfl~ld. Henry Pacheco introduced his wife Susan and their daughter Elizabeth. 287 Bakersfield, California, December 18, 1996 - Page 3 PUBLIC STATEMENTS Robert Scales spoke regarding the procedure for contested parking tickets. Mayor Price requested Police Chief Brummer meet with Mr. Scales regarding this matter. ACTION TAKEN b. Carol Miranda spoke regarding the Lakeview area. Ayodeji Ogundare, Pacific Resources, spoke regarding the annual contract for curbs, gutters and sidewalks. (Item 11.a.) do Herman Ruddell, Downtown Business Association Board of Directors, spoke regarding the Convention Center Arena. (Public Statements continued on Page 14) APPOINTMENTS One appointment to the Golden Empire Transit District Board due to the expiration of term or.Howard Silver, term expiring January 6, 1997. First Ballot preference: Ward 1 - Fisher Ward 2 - Silver Ward 3 - Silver Ward 4 - Silver, Ward 5 - Silver, Ward 6 Ward 7 Votes ranked by Paveltich Fisher, Paveltich - Silver, Fisher - Silver, Paveltich, Fisher Acting city Clerk McCarthy announced the two individuals receiving the highest number ~of votes mere Howard Silver and Jackie L. Fisher, Sr. Second Ballot Votes: Ward 1 - Fisher Ward 2 - Silver Ward 3 - Silver Ward 4 - Silver Ward 5 - Silver Ward 6 - Silver Ward 7 - Silver Bakersfield, California, December 18, 1996 - Page4 988 7e APPOINTMENTS continued Acting City Clerk McCarthy announced the individual receiving the highest number of votes was Howard Silver. ACTION TAKEN Motion by Rowles to reappoint Howard Silver to the Golden Empire Transit District Board, term expiring January 6, 2001. APPROVED Seven appointments to the citizens Community Services Advisory Committee, terms expiring January 1, 1997. Motion by Salvaggio to reappoint Richard Russell (Ward 7) to the Citizens Community Services Advisory Committee, term expiring January 6, 2001. APPROVED F Motion by Smith to reappoint William R. Lamb (Ward 3) to the Citizens Community Services Advisory Committee, term expiring January 6, 2001. APPROVED Motion by Carson to reappoint Geraldine Spencer (Ward 1) to the Citizens Community Services Advisory Committee, term expiring January 6, 2001. APPROVED Motion by McDermott to reappoint Jack Goldsmith (Ward 4) to the Citizens Community Services Advisory Committee, term expiring January 6, 2001. APPROVED Motion by Rowles to reappaint Judith E. Valenzueta (Ward 5) to the Citizens Community Services Advisory Committee, term expiring January 6, 2001. APPROVED DeMond (Ward 2) and Sullivan (Ward 6) requested their appointments continue to the January 8, 1997 Council meeting. Bakersfield, California, December 18, 1996 - Page 5 APPOINTMENTS continued Council Committee Appointments by Vice-Mayor Rowles. Vice-Mayor Rowles made the following recommendations to Council Committees, Boards and Commissions: Community Services Chairperson Carson Councilmember Rowles Councilmember Salvaggio Budget & Finance Chairperson Rowles Councilmember Carson Councilmember McDermott Intergovernmental Relations Chairperson Smith Councilmember McDermott Councilmember DeMond Legislative & Litigation Chairperson Sullivan Councilmember DeMond Councilmember Carson Personnel Chairperson DeMond Councilmgmber Salvaggio Councilmember Sullivan Urban Development Chairperson McDermott Councilmember Rowles Councilmember Smith Water Resources Chairperson Salvaggio Councilmember Smith Councilmember Sullivan Water Board Chairperson Salvaggio Councilmember Smith Councilmember Sullivan ACTION TAKEN Bakersfield, Californ~ December 18, 1996 - Page 6 290 APPOINTMENTS continued c. Kern Council of Governments Appointee - McDermStt Alternate - Salvaggio Planning Commission: Liaison - Rowles Solid Waste Management Advisory Member - DeMond Alternate - Sullivan Consolidated Transportation Services Association Member - DeMond Kern Economic Development Member - Mayor Price Alternate - McDermott Motion by Rowles to approve the appointments. ACTION T~KEN APPROVED Fire Consolidation Ad Hoc Mayor Price Councilmember DeMond Refuse Collection Ad Hoc Chairperson Salvaggio Councilmember DeMond Councilmember Rowles Race Relations Ad Hoc Chairperson Carson Councilmember Smith Councilmember McDermott Motion by Rowles to additional appointments. approve the APPROVED 291 Bakersfield, California, December 18', 1996 - Page 7 CONSENT CALENDAR Payments from Novem'ber 23 to December 6, 1996 in the amount of $3,701,165.89; and Self Insurance payments from November 23 to December 6, 1996 in the amount of $43,635.18. Minutes of the December 4, 1996 Council Meeting. Grant of Easement to Pacific Gas & Electric Company for an easement located along Panama Lane east of State Route 99 north bound on-ramp. (Ward 6) Grant Deed to United States Department of Interior, Bureau of Reclamation, for an access road across City property at the northeast corner of Hageman Road and the Friant-Kern Canal. (Ward 4) Resolution of Intention No. 1153 declaring the City's intention to establish Maintenance District No. TS- 1 (Marketplace), preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Intention No. 1154 declaring the City's intention to order the vacation of superseded portions of public road right-of-way at the northeast corner of Calloway Drive and Brimhall Road. (Ward 4) Resolution of Intention No. 1155 declaring the City's intention to order the vacation of the future alley easement reserved in Tract No. 1348. (Ward 7) Resolution adopting the amended Conflict of Interest Codes for City of Bakersfield departments, boards, commissions and committees. Resolution declaring real property, located west of Castro Lane, east of Wible Road and south of Valley Plaza, as surplus and authorizing the Finance Director to negotiate its sale. (Ward 6) ACTION TAKEN DEED 4653 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION RES 144-96 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, December 18, 1996 - Page 8 292 8e CONSENTCALENDAR continued Agreement with County of Kern for resurfacing a portion of Bernard Street; and appropriate $19,000 from the Gas Tax Fund Balance to the Capital Improvement Budget within the Gas Tax Fund. (Ward 3) License Agreement with County of Kern for shared use of the City's and County's parking facilities. Agreement with city of McFarland ($76,596) for assignment of Surface Transportation Program (STP) funds. Purchase and Sale Agreement with Pacific Gas & Electric Company (P.G.& E.) for City to purchase 133 street lights. (Wards 1, 2, 4 & 7) Proposed Cardiac Hospital on Sillect Avenue (Ward 5): Agreement with Cornerstone Engineering for preparation of an Environmental Impact Report (EIR); and appropriate $56,791 Developer Contribution to the Development Services Operating Budget in the General Fund. 2e Agreement with Robert Verlaan Associates to prepare an Environmental Impact Report (EIR). o. Buena Vista Project (Ward 4): Agreement with Castle and Cooke Communities, Inc., ($58,420) for preparation of an Environmental Impact Report (EIR); and appropriate $77,699 Developer Contribution to the Development Services Operating Budget in the General Fund. 2e Agreement with Robert Bein, William Frost & Associates ($58,420) to prepare an Environmental Impact Report (EIR) . ACTION TAKEN AGR 96-341 AGR 96-342 AGR 96-343 AGR 96-344 AGR 96-345 AGR 96-346 AGR 96-347 AGR 96-348 Bakersfield, California, December 18, 1996 - Page 9 CONSENTCALENDAR continued Certificates of Participation (COPs) for financing the Convention Center Arena Expansion: Agreement with Orrick, Herrington and Sutcliffe as Bond Counsel in connection with the proposed issue of COPs in a principal amount of approximately $37,415,000 and to refinance outstanding COPs and Bonds. Agreement with Pircher, Nichols & Meeks as Disclosure Counsel in connection with the proposed issue of COPs. Agreement with QUAD Engineering, Inc. for reassessment engineering services for Assessment District No. 93-1 (Northeast Sewer). (Ward 3) Agreement between City of Bakersfield, County of Kern and Kern Delta Water District to allow for continued disposal of urban storm drainage waters into Kern Island Canal (street drainage). Agreement between City of Bakersfield, County of Kern and Kern Delta Water District to allow for continued disposal of urban storm drainage waters into Stine Canal (street drainage). Common Use and Ditch Relocation Agreement with Kern Delta Water District for culvert extension and Farmers Canal relocation at Panama Lane. (Ward 6) Accept bid to award Contract to C.A. Rasmussen, Inc. ($2,679,404.72) for construction of Panama Lane Overcrossing widening. (Ward 7) Reject all bids, opened November 22, 1996, for 3 refuse trucks. Revised Job Specifications for Wastewater Treatment Plant Operator I/II. (Staff recommends referral to Personnel Committee) ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION AGR 96-349 AGR 96-350 AGR 96-351 AGR 96-352 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION Bakersfield, Calif. ornia, CONSENT CAkENDAR continued December 18, 1996 - Page 10 ACTION TAKEN x. Acceptance of 1995-96 Financial Reports: city of Bakersfield Comprehensive Annual Financial Report (CAFR). Central District Development REMOVED FOR Agency Component Unit Financial SEPARATE Report (CUFR). CONSIDERATION Appropriate $8,800 to the Economic Development Operating Budget for Developer Contribution for Economic Research Associates to conduct an economic study related to the Grand Canal Project. REMOVED FOR SEPARATE CONSIDERATION Appropriate $141,725 Litigation Settlement from Frontier Pacific Insurance Company to the Capital Improvement Budget in the Capital Outlay Fund to complete the Police Building expansion. REMOVED FOR SEPARATE CONSIDERATION Motion by Rowles to adopt Consent Calendar Items (a) through (z); with the exception of Items d., g., i., p., u., v., x.2., y. and z.; Smith abstaining on Item q. due to owning property nearby; and Rowles abstaining on Item p. due to employer participation in project. APPROVED Grant Deed to United States Department of Interior, Bureau of Reclamation, for an access road across City property at the northeast corner of Hageman Road and the Friant-Kern Canal. (Ward 4) Motion by Rowles to adopt Consent Calendar Item d. DEED 4654 APPROVED NS MCDERMOTT Resolution of Intention No. 1155 declaring the City's intention to order the vacation of the future alley easement reserved in Tract No. 1348. (Ward 4) Motion by Salvaggio to adopt Consent Calendar Item g. APPROVED Bakersfield, California, December 18, 1996 CONSENTCALENDAR continued Resolution declaring real property, located west of Castro Lane, east of Wible Road and south of Valley Plaza, as surplus and authorizing the Finance Director to negotiate its sale. (Ward 6) Motion by Salvaggio to adopt Consent Calendar i. with additional language to the fourth paragraph, Item 2. of the Resolution: "---declared surplus, conditioned upon the Public Works Director finding that adequate substitute drainage has been provided at an alternate location, and the Finance Director---, - Page 11 ACTION TAK~r RES 145-96 DEED 4655 APPROVED Salvaggio requested a meeting with the City Manager, City Attorney and Development Services Director on how to acquire a Planned Commercial Development or the feasibility of placing deed restrictions on the property; and noticing the neighborhood when and if this matter comes back to Council. Certificates of Participation (COPs) for financing the Convention Center Arena Expansion: Agreement with Orrick, Herrington and Sutcliffe as Bond Counsel in connection with the proposed issue of COPs in a principal amount of approximately $37,415,000 and to refinance outstanding COPs and Bonds. Agreement with Pircher, Nichols & Meeks as Disclosure Counsel in connection with the proposed issue of COPs. Motion by Carson to defer Consent Calendar Item p. until costs are clearly outlined. Motion by McDermott to adopt Consent Calendar Item p. AGR 96-353 AGR 96-354 FAILED NS DEMOND SMITH MCDERMOTT SULLIVAN SALVAGGIO ABS ROWLES APPROVED NS CARSON ABS ROWLES Bakersfield, California, December 18, 1996 - Page 12 CONSENTCALENDAR continued ACTION TAKEN Accept bid to award Contract to C.A. Rasmussen, Inc. ($2,679,404.72) for construction of Panama Lane Overcrossing widening. (Ward 7) CON 96-355 Motion by Salvaggio to adopt Consent Calendar Item u. APPROVED Reject all bids, opened November 22, 1996, for 3 refuse trucks. Motion by McDermott to adopt Consent Calendar Item v. APPROVED NS CARSON x. Acceptance of 1995-96 Financial Reports: Central District Development Agency Component Unit Financial Report (CUFR). Motion by McDermott to reject Consent Calendar Item x.2. and refer back to staff for clarification. APPROVED NS CARSON SALVAGGIO ye Appropriate $8,800 to the Economic Development Operating Budget for Developer Contribution for Economic Research Associates to conduct an economic study related to the Grand Canal Project. Motion by Salvaggio to adopt Consent Calendar Item y. Appropriate $141,725 Litigation Settlement from Frontier Pacific Insurance Company to the C9pital Improvement Budget in ~he Capital Outlay Fund to complete ~he Police Building expansion. Motion by McDermott to adopt Consent Calendar Item z. HEARINGS APPROVED APPROVED ABS ROWLES Bakersfield, California, December 18, 10. REPORTS 1996 - Page 13 ACTION TAKEN City Manager Oral Report No. 16-96 regarding COnvention Center Expansion. Rowles announced abstention due to potential conflict. City Manager Tandy provided an update and distributed written material entitled Status of Centennial Plaza and Convention Center Expansion #3. Motion by McDermott to accept Oral Report. City Water Board Report No. 2-96 regarding Joint Resolution to Establish a Water Recreation and Recharge Program for the Kern River Parkway and the Pioneer Project Joint Operating Agreement with the Kern County Water Agency. Motion by Salvaggio to accept Report, adopt Resolution and approve Agreement. APPROVED NS CARSON ABS ROWLES RES 146-96 AGR 96-356 APPROVED 11. DEFERRED BUSINESS Reject all bids for Annual Contract for curbs, gutters and sidewalks; and rebld the contract with increased bond requirements. Carson recognized Ayodeji Ogundare, Pacific Resources, to speak. Motion by Sullivan to award the Annual Contract to the low bidder, Pacific Resources, as advertised. Mayor Price announced a 5-minute recess at 9:25 p.m. and reconvened the meeting at 9:30 p.m. AGR 96-357 APPROVED NS DEMOND SMITH MCDERMOTT Bakersfield, California, December 18, 1996 - Page 14 12. NEW BUSINESS Motion by DeMond to move New Business Item c. forward on the Agenda. ACTION TAKEN APPROVED Modification of "No Parking" signs on Chester Avenue between TrmXtun Avenue and 23rd Street. Captain Mahan provided background information and made a correction to the Administrative Report changing south of 24th Street to south of 23rd Street. Motion by DeMond to approve all "No Parking 1:00 a.m./2:00 a.m. to 4:00 a.m." signs on Chester Avenue north of Truxtun Avenue and south of 24th Street be changed to read "No Parking 10:00 p.m. to 4:00 p.m." APPROVED Rowles announced abstention on Items 12. a., b., d., e. and f. due to conflict. Agreement with the team of Hellmuth, Obata & Kassabaum, Inc. (HQK Sport),Colombo Construction, Inc. and Turner Construction Company ($360,000) for design/development Of the Bakersfield Convention '~Center Multi- Purpose Arena Addition. AGR 96-358 PUBLICSTATEMENTS continued Richard Watkins PrOvided written material regarding the Convention Center Arena addition. The following individuals spoke in support of the Convention Center Arena addition: John Michelson, Business Manager, Plumbers & Steamfitters Union; James Hughes; and Joseph D. Smith, Pipefitter, Local 460. (Public Statements continued on Page 16) Bakersfield, California, December 18, 1996 - Page 15 12. NEW BUSINESS continued McDermott recognized Joe Colombo, Colombo Construction, to speak; Mr. Colombo introduced Tom Tingle, HOK Sport, and Joe Elliott, Turner Construction; and ,assured Council the design documents and a guaranteed maximum price would be provided by February 28, 1997. Motion by McDermott to approve the Agreement. ACTION TAKEN APPROVED ABS ROWLES Agreement with Black & Veatch ($100,000) for project oversight consultant services during design/development of the Bakersfield Convention Center Multi-Purpose Arena Addition. City Manager Tandy provided background information. Motion byDeMond to approve Agreement. Correspondence from Steve Anderson, S. C. Anderson, Inc., was read by City Manager Tandy. Appropriate $505,000 One-time General Fund Revenues and rebudget $50,000 General Fu~d ~ transfer to the Facilities Replacement Reserve. Motion by DeMond to appropriation and transfer. approve AGR 96-359 APPROVED ABS ROWLES APPROVED ABS ROWLES ee fe Appropriate $250,000 Fund Balance to the Capital Improvement Budget within the Off-street Parking Fund. Motion by McDermott to approve appropriation. Amendment No. 2 to FY 1996-97; Amendment No. 5 to FY 1995-96; Amendment No. 4 to FY 1994-95; end Amendment No. 7 to FY 1993-94 to the Community Development Block Grant (CDBG) Annual Plan. APPROVED ABS ROWLES AGR 96-360 AGR 96-361 AGR 96-362 AGR 96-363 Bakersfield, California, December 18, 1996 - Page 16 330 PUBLIC STATEMENTS continued The following individuals spoke regarding the CDBG Amendments: Roy Malahowski, who also provided written material; Camille Hill; Pastor Oscar Anthony; Pastor Alexander Lark; and Estela Casas. ACTION TAKEN 12. NEW BUSINESS continued Motion by McDermott to approve Amendments; direct staff to draft instructions for a further amendment regarding the $91,000 block grant funds; and refer to Budget & Finance Committee. NAT Substitute motion by Carson to not approve the amendments; move the CDBG money out of the plan for the Convention Center expansion; staff locate other sources for moving the Chamber of Commerce; and refer the $660,000 back to Budget & Finance Committee. Mayor Price announced a recess at 11:04 p.m. and reconvened the meeting at 11:07 p.m. NAT Substitute motion by McDermott to approve amendments and refer the issue of locating additional or other funding sources for this project, including an additional amendment for the $91,000 block grant funds to Budget & Finance Committee for recommendations. APPROVED NS CARSON SMITH SALVAGGIO ABS ROWLES PRICE voTED AYE Due to a tie vote, Mayor Price voted. 13. COUNCIL STATEMENTS McDermott referred correspondence from North Bakersfield Parks and Recreation District regarding park development fees to Urban Development Committee. Bakersfield, California, December 18, 1996 - Page 17 13. COUNCILSTATEMENTS continued Rowles thanked the Bakersfield Fire Department and California Water Service for their assistance on installing fire hydrantsi Rowles commented on his abstentions on agenda items due to conflicts. Rowles commented on the Convention Center Arena addition and thanked staff for their efforts to push it forward. Smith referred the feasibility of ~ stop sign at Suncrest Drive and Sky Ranch Drive due to a speeding problem. ACTION TAKEN Smith referred the illegal dumping, trash and weeds on Bernard Street between Fashion Place and Mt. Vernon Avenue. McDermott commented on the new County Fire Station on Appaloosa Drive. DeMond referred correspondence from Wesley Crawford regarding AB1562 and requested staff respond, in writing, back to Mr. Crawford about what can be done. Sullivan commented on correspondence from Steve Andersen. Sullivan commented on her previous referral regarding a street light at Beechwood and White Lane; she will clarify the location. Sullivan requested information on the 4- lane/2-1ane switch on South Ashe just beyond District Boulevard and Harris and inquired as to why the road is like this; and if there are plans to expand the 2-lane portion. Bakersfield, California, December 18, 1996 - Page 18 14. ADJOURNMENT AC~IO~ TAK~ Motion by Rowles to adjourn at 11:35 p.m. APPROVED 392 MAYOR B PRIC~ity of Bakersfield, CA ATTEST: DeclS.A 1/ 9/97 3:06pm