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Home My WebLink About11/06/1996 MINUTES CCBAKERSFliELD CITY COUNCI, L ~ ~ 0 MINUTES MEETING OF NOVEMBER 6, 1996 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers DeMond, Smith, McDermOtt (seated at 5:22), Rowles, Sullivan (seated at 5:23), Salvaggio (seated at 5:22) Councilmember Carson 2. PROPOSED CONVENTION CENTER EXPANSION. Community Services Manager Andersen introduced representatives from HNTB Architects: Project Manager Mike Nelson, Senior Convention Center Designer George Robertson, Senior Arena Designer Mike Hammelman, Senior Project .Architect Steve Brewer and Cost Engineer Marty Hollister Director of Architecture for Southern California Greg Wilson. Mike Nelson provided a presentation for the proposed Convention Center Arena and distributed written material entitled Feasibility Study for Bakersfield Convention Center Expansion. City Manager Tandy provided an overhead presentation and distributed written material entitled Facility Expansion Phase II, Preliminary Fiscal Data. Motion by DeMond to recess to Closed Session at 6:04 p.m. APPROVED CLOSED SESSION Conference with Legal Counsel - Potential Litigation. Initiation of litigation pursuant to Government Code Section 54956.9(¢). Two potentlal cases. Motion by DeMond to adjourn from Closed Session at 6:40 p.m. i)CITY ATTORNEY AUTHORIZED TO FILE LITIGATION ON COMMUNITY CONSTRUCTION; 2)CITY ATTORNEY RECEIVED INSTRUCTIONS. APPROVED Bakersfield, California, November 6, 1996 - Page 2 R£GU[AR M££T~NG - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ~N¥OCAT~ON by Mark Salvaggio 2. PLEDGE OF ALLEGIANCE by Kevin Grundhofer, Scout Troop 139 3. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Sullivan, Salvaggio None Mayor Price and Councilmembers introduced Student Body Representatives from 12 area high schools who served as Mayor, City Council, City Manager, City Attorney, Public Works Director and Development Services Director counterparts this evening in the 42nd consecutive "Teen Government Day".: Tracey Hilvers, Community Christian H.S.; Jason Rivas, East Bakersfield H.S.; Shontay Smith, Foothill H.S.; Amanda Helvie, Garces H.S.; Greg Scott, Stockdale H.S.; Kylee Smith, West H.S.; Joe Hay, Bakersfield H.S.; Jared Kwek, Ridgeview H.S.; Karen Anslinger, North H.S.; Kayla Jones, South H.S.; Michelle Wahl, Highland H.S; and Amy Gonzales, Centennial H.S. CLOSEDSESSIONACTION Mayor Price announced Closed Session action as reflected on Page 1. PRESENTATIONS Mayor Price presented a proclamation to Dayna Nichols proclaiming November 17 - 23, 1996 as "Bakersfield Family Week". Ms. Nichols spoke and submitted written material.~ Mayor Price introduced Councilmembers Jacquie Sullivan, Randy Rowles and Pat DeMond who were reelected to the Bakersfield City Council. 6. PUBLIC STATEMENTS (Public Statements continued on Pages 7 & 8) Bakersfield, california, November 6, 1996 - Page 3 2,5,2 APPOINTMENTS Two appointments to the Board of Zoning Adjustment due .to the expiration o.f terms of Dennis Fidler and Jack Leonard (Alternate), terms expiring December 1, 1996. Motion by $alvaggio to reappoint Dennis Fidler as Member and Jack Leonard as Alternate, terms to expire December 1,1999. ACTION TAKEN APPROVED CONSENT CALENDAR Payments from October 12 to October 25, 1996 in the amount of $4,890,457.04; and Self Insurance payments from October 12 to October 25, 1996 in the amount of $91~677.23. Minutes of the October 23, 1996 Council Meeting. Quitclaim Deed to CalOak Development Properties, Inc., for surplus City property located north of California Avenue between Oak Street and State Route 99. (Ward 5) Ordinance adding Section 3.20.068 of the Bakersfield Municipal Code establishing procedure for bid protests. (Staff recommends referral to Budget & Finance Committee) Ordinance adding Section 3.20.065 of the Bakersfield Municipal Code establishing a procedure to identify and list criteria to find public works contractors nonresponsible bidders. (Staff recommends referral to Budget & Finance Committee) Ordinance amending Section 3.20.060 D. 1o, 2., 3. and 4. of the Bakersfield Municipal Code relating to bidding procedures. (Staff recommends First Reading and referral to Budget & Finance Committee) Standards regarding the placement of utilities within existing paved right- of-way. (Staff recommends referral to Urban Development Committee) DEED 4641 25.3 Bakersfield, California, November 6, 1996 - Page 4 CONSENT CALENDAR continued Resolution of Intention No. 1144 declaring the City's intention to order the vacation of the public street right-of-way for Kendall Way and Weybridge Drive in Tract 5220. (Ward 4) Resolution ordering judicial foreclosure of delinquent assessments pursuant to the Improvement Bond Act of 1915, and ordering the tax collector be credited with those assessments (Assessment District 91-1 Hosking Trunk Sewer). (Wards 6 & 7) Resolution authorizing the filing of a Financial Assistance Application and negotiation and execution of a loan contract for a State Revolving Loan to upgrade and expand Wastewater Treatment Plant No. 2. (Ward 1) ko Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act Funds for FY 1996-97. Resolution declaring real property, located on the east side of Fruitvale Avenue between Hageman Road and Olive Drive, as surplus and authorizing the Finance Director to negotiate its exchange for property owned by Valley Baptist Church. (Ward 4) Final Map and Improvement Agreements with U.S. Homes Corporation for Tract 5565, Phase 3, located at the northeast corner of Hageman Road and Old Farm Road. (Ward 4) Agreement with State of California Department of Transportation, Program Supplement No. 038, for San Marino Street and Phaffle Drive construction of curb and gutter and pavement tie- in. (Ward 6) Oo Agreement with Castle & Cooke Commercial-CA, Inc. for City to purchase 56 acres located at the northwest corner of Watts Drive and Madison Avenue.(Ward 1) ACTION TAKEN RES 124-96 RES 125-96 CON 96-304 RES 126-96 RES 127-96 AGR 96-305 AGR 96-306 AGR 96-307 AGR 96-308 DEED 4642 Bakersfield, California, November 6, 1996 - Page 5 254 CONSENT CALENDAR continued Attorney Retainer Agreement with the Law Offices of Daley & Heft to pr6vide legal services against various insurance carriers assacia~ed with the Burn Dump; and. ~appropr~ate $40,000 Fund Balance to th~..~icity Attorney Operating Budget. within the Self- Insurance Fund for outside counsel legal services. qe Parking Facility Management Agreement with Allright Management Services, Inc. to operate and manage the 18th and Eye Street parking garage. (Ward 2) Accept bid to award Annual Contract to Abate-A-Weed ($25,430) for chemical application on City property. Accept bid to award Contract to S.A. Camp Pump Company ($225,634) for drilling, casing and pump testing Ashe Water Well Nos. L-203 and L-205 for Water Department. (Ward 4) Accept bid to award Contract to Turman Construction Co., Inc. ($84,850) for construction of Sundale Drainage Improvements, Phase II Sump Improvements. (Ward 5) Accept bid from VAC-CON, INC. ($127,365.81) for a replacement sewer cleaning truck. Accept bids from Three Way Chevrolet ($56,134.41) for three replacement pickup trucks; and Jim Burke Ford ($59,736.90) for one replacement and two additional pickup trucks. Total: $115,871.31. Appropriate $7,500 Fund Balance to the Capital Improvement Budget within the Refuse Fund for a Construction Contract Change Order at the Green Waste Recycling Center. (Ward 1) ACTION,TAKEN SMITH ABSTAINED DUE TO ~NFLICT AGR 96-309 AGR 96-310 CON 96-311 CON 96-312 CON 96-313 255 Bakersfield, California, November 6, 1996 - Page 6 CONSENT ~AEENDAR continued Appropriate $13,743.04 Fund Balance to the Capital Improvement Budget within the 'Transportation Development Fund for temporary reloca~ibn'of overhead electrical lines to ~11ow construction of the Bridge Widening ProjeQt at Panama Lane, Stine RoaM, Akers~Road, Wible Road and South H Street at Arvin-Edison Canal. (Wards 6 & 7) Motion by DeMond to adopt Consent Calendar Items (a) through (x); with Smith abstaining on Item p. due to conflict. ACTION TAKEN APPROVED 10. 11. HEARINGS Protest hearing as required by Resolution of Intention No. 1151 to consider a Resolution approving Final Engineer's Report, levying assessments, ordering improvements and authorizing and directing related actions on proposed Assessment District No. 96-1, Brimhall II/Spring Meadows/Fairways/Campus Park. (Ward 4) McDermott announced abstention due to owning property in the area. Hearing opened at 7:14 p.m. No one spoke at hearing. Hearing closed at 7:14 p.m. Sam Sperry, Bond Counsel, Orrick, Harrington and Sutcliff, spoke regarding the impact of Proposition 218. Motion by Rowles to adopt Resolution. REPORTS DEFERRED BUSINESS Ordinance amending Section 2.92.010 A.; adding Section 2.92.020 Y.; and amending Section 2.92.330 C. of the Bakersfield Municipal Code relating to Fire Department relief and pensions. (First Reading RES 128-96 APPROVED ABS MCDERMOTT ORD 3734 Bakersfield, California, November 6, 1996 - Page 7 11. DEFERRED BUSINESS continued be Ordinance amending Chapter !5. 84 of the Bakersfield Mun{¢ipal Code relating to a Transportation Impact Fee on new development. Motion by McDermott to adopt Deferred Business Items a. and b. ACTION TAKEN NAT Amended motion by McDermott to adopt Deferred Business Item a. Motion by Rowles to allow Public Statements for Item b. with a 3-minute limit and total time of 15 minutes. APPROVED APPROVED PUBLIC STATEMENTS continued The following individuals spoke in opposition to adopting the fee changes: Lee Jamieson, Vice President, Jaco Oil and owner of Fastrip Food Stores; John Giumarra, owner commercial property and developer; Yehuda Netanel, President, California Factory Stores; Greg Bynum, owner and President, Greg Bynum and Associates, Inc. Roger Mcintosh, Past President, Building Industry Association of Kern County, spoke in support of the fee changes. 11. DEFERRED BUSINESScontinued Motion by Smith to delay the Deferred Business Item b. to the meeting of December 4th; with staff coming back with fee comparisons with other municipalities. APPROVED Carson requested clarification on Section 15.84.080 B., entitled Refund of Fee Paid. Bakersfield, California, November 6, 1996 - Page 8 12. NEW BUSINESS Convention Center Facility Expansion IV, Phase I, and Centennial Plaza. Rowles announced abstention due to conflict. ACTION TAKEN PUBLIC STATEMENTS continued So Michael Fisch, President, Greater Bakersfield Chamber of Commerce, spoke regarding the Convention Center Facility Expansion. 12. NEW BUSINESS continued Motion by DeMond to authorize staff to proceed with Phase I work tasks and needed authorizations; initiate appropriation adjustments to fund Phase I; and appropriate $10,000 from Council Contingency for needed permits and environmental work. Mayor Price announced a recess at 8:00 p.m. and reconvened the meeting at 8:01 p.m. APPROVED ABS ROWLES 13. COUNCILSTATEMENTS Salvaggio requested Development Services Department recheck code enforcement problems at 1700 LaMay Avenue; Development Services Director Hardisty responded. Salvaggio requested Public Works Department provide an update on the crossing guard situation at Siebert School. Salvaggio commented on the Joint Operating Agreement with the Kern County Water Agency and requested staff proceed to bring back before Council. Smith thanked Public for the updates on problems in Ward 3. Works Director Rojas the transportation 13. Bakersfield, California, COUNCIL STATEMENTS continued November 6, 1996 - Page 9 ACTION TAKEN Smith requested Public Works provide an update regarding a stop sign at Eissler and Auburn. 25:8 Carson congratulated Sullivan, DeMond and Rowles for their reelection to Bakersfield City Council. Carson thanked Police Chief Brummer and staff for the action taken on drug enforcement in Southeast Bakersfield. Carson requested an update on the Fire Department contract. Carson commented on reinstated staff positions and requested staff provide her with a breakdown of each departments growth, how it is compared and on what basis. Carson requested staff provide her with previous action on how Community Development funds are to be used. Carson stated she is not receiving her information on Southeast Incentive meetings. Sullivan received a call from Bakersfield High School ROTC student Jennifer Vessels and requested staff check into the feasibility of providing them with a City flag for Friday. Sullivan received a call from Tom Buck regarding trash problems on a vacant lot on the corner of McKee and Wible and requested staff inspect that situation. Sullivan requested staff check into the probability of a street light at the corner of White Lane and Beechwood. Sullivan requested staff inspect trash dumping on a vacant lot; she will provide the address. Bakersfield, California, November 6, 1996 - Page 10 13. COUNCIL STATEMENTS Rowles requested a Public Works Director Rojas or Traffic Engineer Walker meet with him tomorrow regarding the Rosewood Towers ingress/egress problem on New Stine Road. ACTION TAKEN Rowles thanked Public Works Department for their work drainage work on Sundale. Mayor thanked the Police Department on their work on the graffiti problem. DeMond commented on the street problems caused by cable installation. DeMond mentioned the Joshua Park kick-off this morning and citizen involvement. 14. ADJOURNMENT Motion by Carson to adjourn at 8:15 p.m. in APPROVED remembrance of the late Cecilia Jewel. 'BO~h MAY e City of Bakersfield, CA ATTEST: ACTING CITY CLERK and E~OFFICIO CLERK of the Council of the City of Bakersfield, CA