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HomeMy WebLinkAbout04/23/1997 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 23, 1997 WORKSHOP- 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers Rowles, Carson, DeMond, Smith, McDermott (seated at 5:25), Sullivan (seated at 5:25) Councilmember Salvaggio 2. Chester Avenue Streetscape Update. Public Works Director Rojas introduced Steve Smith, Moss & Associates, who provided a slide presentation on the design; and Public Works civil Engineer Ramming provided an update on the schedule and bidding process. McDermott requested a letter be sent to Caltrans requesting landscape improvements be allowed in their area, with City taking full responsibility for maintenance and repair and report back to Council. Equipment Demonstrations: a. Graffiti Abatement Trucks Update. b. Fire Safety Education Trailer. Public Works Director Rojas provided an update on the Graffiti Program. Fire chief Kelly provided information on the Kids' Fire Safety House. City Council and the public were shown demonstrations of the equipment in City Hall parking lot. recess to Closed Motion by Rowles to Session at 6:15 p.m. APPROVED AB DEMOND SALVAGGIO Bakersfield, California, April 23, 1997 - Page 2 CLOSED SESSION me Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to Government Code Section 54956.9(a) in the case of City of Bakersfield vs. U.S. Fire Insurance Company, et al., Kern County Superior Court Case No. 233091-SPC. Conference with Legal Counsel - Potential Litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b). One potential case. Motion by McDermott to adjourn from Closed Session at 6:58 p.m. ACTION TAKEN CITY ATTORNEY PROVIDED UPDATE CITY MANAGER WAS AUTHORIZED TO SEND $360,000 TO COLUMBO/TURNER AS PAYMENT IN FULL PER CONTRACT APPROVED AB DEMOND SALVAGGIO REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCA~ONby Dave Woodruff, Deacon, First Assembly of God Church 2. PLEDGE OFALLEGIANCEby Jerrott Fisher, Ridgeview High School 3 · ROLL CALL ACTION TAKEN Present: Mayor Price, Councilmembers Rowles, Carson, DeMond, Smith, McDermott, Sullivan, Salvaggio Absent: None CLOSED SESSION ACTION Mayor Price announced Closed Session Action as reflected on Page 1. 5. PRESENTATIONS Mayor Price presented a proclamation to Kern Area Transplant Support (KATS) proclaiming April 20-26, 1997 as Organ and Tissue Donor Awareness Week. Laura Nickerson, Registered Nurse, Southern California Organ Procurement Center, introduced Michael Chapman, waiting for a liver transplant; and Mark Sabin, who has received 2 heart transplants. Bakersfield, California, April 23, 1997 - Page 3 PUBLIC STATEMENTS Mayor's Youth Advisory Council Kayla Jones, South High School, and Julia Bedke, Centennial High School, spoke regarding the projects the Advisory Council has co-sponsored. Mayor Price introduced 4 members of the Mayor's Youth Advisory Council: Jarret Fisher, Ridgeview H.S.; Grace Fong, Highland H.S.; Bee Jay Estalilla, Stockdale H.S.; and Anastasia Krier, Intern Chairperson. Mary Bonilla, Local Bakersfield Fair Employment and Housing, introduced Joe Arenas, consultant, Housing Unit; and Brett Helgren, Bakersfield Fair Housing, who presented a proclamation to the City of Bakersfield from Governor Pete Wilson, proclaiming April 1997 as Fair Housing Month in the State of California. ACTION TAKEN APPOINTMENTS One appointment to the Citizens Community Services Advisory Committee, due to the expiration of term of Delbert E. Murray, term expired January 1, 1997. Motion by DeMond to appoint Alfonso Sierra, term to expire January 1, 2001. APPROVED CONSENT CALENDAR Payments from March 29 to April 11, 1997 in the amount of $3,720,125.83 and Self Insurance payments from March 29 to April 11, 1997 in the amount of $495,706.28. Minutes of the April 9, 1997 Council Meeting. Ce Contract Change Order No. 1 to Contract No. 96-180 with Griffith Company ($23,169) for Panama Lane construction, from Gosford Road to Stine Road. (Ward 6) Bakersfield, California, April 23, 1997 - Page 4 CONSENT CALENDAR continued Contract Change Order No. 2 to Contract No. 97-34 with Kern Rock Grading and Paving Company ($7,652.33) for Panama No. 10 street reconstruction, Phase II. (Ward 7) e. Personnel changes: Resolution amending Resolution No. 19-96 setting salaries and related benefits for employees of the General Supervisory Unit. Revised job specifications for Supervisor I/II. Reclassifications for: Supervisor I - Trees to Supervisor I Water Supervisor I to Supervisor I Supervisor II - Wastewater to Supervisor II Water Supervisor II to Supervisor II Revised job specifications for General Services Superintendent and Street Maintenance Superintendent. COREL computer software license and maintenance: upgrade Rescind award to Comark Government and Education for COREL computer software upgrade license and one year maintenance. Purchase Order Agreement with CompuCom Systems to obtain computer software upgrade license and one year maintenance for 215 users, not to exceed $45,822.35. Policy Resolution finding computer maintenance agreement and license to use software are not subject to the bid requirement which applies only to the purchase of supplies, equipment and materials. ACTION TAKEN RES 61-97 AGR 97-92 RES 62-97 Bakersfield, California, April 23, 1997 - Page 5 85 CONSENTCALENDAR continued ge Resolution approving Pre-tax Payroll Deduction Plan for service credit purchases. he Resolution proceedings Modification District No. notice or assessments. ordering change of to implement Change and No. 1 to Assessment 94-3, Seven Oaks, without hearing to reduce (Ward 4) i. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Normal Development Corporation for Tract 5664, Phase 1, southwest corner of Reliance Drive and Wilderness Drive. (Ward 6) Final Map and Improvement Agreement with Wattenbarger Meystedt Development Corporation and Douglas M. Wattenbarger for Tract 5809, Unit B, southwest corner of South Union Avenue and Panama Lane. (Ward 7) License Agreement with United States Department of Interior Bureau of Reclamation for road and bridge construction across the Friant-Kern Canal, 1,000 feet south of Rosedale Highway. (Ward 4) Subordination Agreement with County of Kern with respect to the ASC Treatment Group operating the Anne Sippi Clinic Riverside Ranch, Agreement No. 96-75, for a facility located at 18200 Kern Canyon Road. (Ward 3) Consultant Agreement with Wilson & Associates for assessment engineering services for Assessment District No. 97-1, Spring Meadows II. (Ward 4) Agreement with Fox Foundation for improvements within the City's right- of-way adjacent to the Fox Theater. (Ward 2) ACTION TAKEN RES 63-97 RES 64-97 AGR 97-93 AGR 97-94 AGR 97-95 AGR 97-96 AGR 97-97 AGR 97-98 AGR 97-99 Bakersfield, California, April 23, 1997 - Page 6 CONSENT CALENDAR continued ne Agreement with Marvin E. and Adala N. Steinert Living Trust of 1978 and Merg Properties for retention basin relocation and reimbursement; and appropriate $152,916 fund balance to the Capital Improvement Budget within the Assessment District No. 93-2 Fund. (Ward 6) Accept bid to award Contract to Adavco Inc.($111,987.27) for construction of the Traffic Operations Command Center at 1501 Truxtun Avenue, 1st Floor Annex Building. (Ward 2) Accept bid to award Contract to Leo Tidwell Excavating ($568,730) for traffic signal interconnect at various locations; and appropriate $79,315 Transportation System Management (TSM) State Grant Revenue to the Intermodal Surface Transportation Efficiency Act (ISTEA) Fund. (Wards 4, 5, 6 & 7) Fiscal Year 1996-97 Annual Action Plan of the Consolidated Plan 2000 (CDBG/HOME/ESG). Appropriate $30,000 Transportation Development Fund balance to the Capital Improvement Budget for Change Order No. 1 and additional inspection and testing costs for the Manor Street Bridge Replacement at the Carrier Canal. (Ward 2) Appropriate $200,000 interest earnings to the Facility Replacement Reserve within the Capital Outlay Fund; and transfer $95,000 from the Facility Replacement Reserve to the Capital Improvement Budget in the Off-Street Parking Fund. ACTION TAKEN AGR 97-100 CON 97-101 CON 97-102 AGR 97-103 Bakersfield, California, April 23, 1997 - Page 7 CONSENT CALENDAR continued Motion by Rowles to adopt Consent Calendar Items a. through s. with a correction to Item to read: "Appropriate $24,000 Highway Bridge Rehabilitation (HBR) and Replacement Revenue within the Intermodal Surface Transportation Efficiency Act (ISTEA) Fund; and $6,000 fund balance within the Transportation Fund to the Capital Improvement Budget for Change Order No. 1 and additional inspection and testing costs for Manor Street Bridge replacement at the Carrier Canal. (Ward 2)" ACTION TAKEN APPROVED HEARINGS Hearing to consider a resolution confirming the report of the Chief Code Enforcement Officer regarding assessment of properties for abatement of weeds, debris and waste matter. (Wards 1, 2, 3 & 5) Development Services Director Hardisty requested the properties at 143 Clyde Street (Ward 1), 718 S. Williams (Ward 1)and 2200 block of H and Eye Streets (Ward 2) be removed from the list due to property owner compliance. Hearing opened at 7:23 p.m. No one spoke at hearing. Hearing closed at 7:23 p.m. Motion by Carson to adopt Resolution with removal of 3 properties from the list. RES 65-97 APPROVED Continued appeal by Carl Moreland, Telstar Engineering, of the Planning Commission decision approving Tentative Tract 5859 with Conditions of Approval, located at the northwest corner of Panama Lane and So. Union Avenue, consisting of 97 lots on 22.2 acres, zoned One Family Dwelling. (Ward 7) (Continued from 4/9/97) Development Services Director Hardisty provided background information. RES 66-97 9 i Bakersfield, California, April 23, 1997 - Page 8 e HEARINGScontinued b. Hearing opened at 7:25 p.m. Carl Moreland, Telstar Engineering, spoke in opposition to staff recommendation and in support of a compromised solution to approve the east side of the property (not the south side) with the Delgados' donating 20 feet to the City for the street, Doug Wattenbarger, spoke in support of staff recommendation. Carl Moreland, Telstar Engineering, spoke in rebuttal (opposition). Hearing closed at 7:28 p.m. Salvaggio recognized Maria Delgado who acknowledged that her and her husband are willing to dedicate to the City 20' on the eastern part of their property, from Panama Lane all the way back to their back fence. Salvaggio recognized Carl Moreland who acknowledged the amendment to 1.3 removing the italicized words; and that the subdivision shall be recorded and constructed in one phase, would be agreeable. Motion by Resolution conditions, · Remove Salvaggio to adopt with amendments to Exhibit A: the last sentence in 1.3 (wording in italics); the developer place the Delgado's chain link fence at the back of the curb line (20') within the right of way; and slat the chain link fence with redwood, with the exception of the northerly 60' along Harless and Tess, according to the site line condition ordinance. One phase, instead of two, so that all the improvements, with the exception of curb and gutter and widening of Panama Lane in front of the Delgado home, would occur. Include paying traffic impact fees at the new ordinance rate per stipulation by Carl Moreland. ACTION TAKEN APPROVED Bakersfield, California, April 23, 1997 - Page 9 10. REPORTS ACTION TAKEN 11. DEFERREDBUSINESS a. Bid procedures: (First reading 4/9/97) Ordinance adding Section 3.20.065 to the Bakersfield Municipal Code establishing a procedure to determine whether contractors bidding on Public Works projects are responsible bidders. Ordinance adding Section 3.20.068 to the Bakersfield Municipal Code establishing a procedure for dealing with bid protest. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-14 by changing the zoning of 7 acres located south of the intersection of Golden State Highway and Freeway 99 from County Medium Industrial to City General Manufacturing. (Pierce Road No. 2 Annexation, ZC P97-0019) (Ward 5) (First reading 4/9/97) Motion by Rowles to adopt Deferred Business Items a. and b. ORD 3759 ORD 3760 ORD 3761 APPROVED 12. NEW BUSINESS ae Ordinance amending Section 6.04.110 B., D. and E. of the Bakersfield Municipal Code relating to vicious or dangerous animals. be Ordinance amending Section 5.56.140 of the Bakersfield Municipal Code relating to transient outdoor businesses. Ordinance amending Section 12.44.031 of the Bakersfield Municipal Code relating to business use of sidewalks. de Ordinance amending Section 5.02.050 C., Section 5.02.140 A. and Section 5.02.230 B.; and repealing Section 5.02.150 of the Bakersfield Municipal Code relating to business licenses. FR FR FR FR Bakersfield, California, April 23, 1997 - Page 10 12. NEW BUSINESS continued Ordinance amending section 5.12.020, section 5.12.030 B., Section 5.12.040 C.2. and F., and Section 5.12.050 C. of the Bakersfield Municipal Code relating to bingo games. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map 102-31 by changing the zoning of 20.33 acres located northeast of Calloway Drive and the Cross Valley Canal from Planned Unit Development to Planned Unit Development (430-bed Multi-Level Medical/Recovery Care Center, ZC P96-0963) (Ward 4) Ordinance amending Section 3.20.126 of the Bakersfield Municipal Code relating to lease of spaces in City- owned parking facilities, of City- owned downtown business properties and of City-owned property at the Bakersfield Municipal Airport. (Ward 2) 20 minute presentation by Kern County Waste Management Department regarding their response to Proposition 218. Roland Burkert, Kern County Waste Management, provided an explanation of their response to Proposition 218. Salvaggio encouraged staff to provide appropriate recognition for the retirements of General Services Superintendent Larry Jamison, Community Services Manager Lee Andersen and Parks Superintendent Frank Fabbri. Salvaggio requested the City Clerk distribute a California Journal article regarding farmland preservation to Development Services Director Hardisty and Councilmembers and Planning Commissioners. ACTION TAKEN FR FR FR DeMond thanked Chief Matlock, the Police Department and staff for the hard work for the Old Town Kern 5K run and the Bike Parade on Baker Street. Bakersfield, California, April 23, 1997 - Page 11 13. COUNCIL STATEMENTS Carson thanked DeMond for her board participation on the opening of the Boys and Girls Club. Carson thanked the Police Department. on the report presented to Budget and Finance Committee and Rowles and McDermott for their support. Carson announced Ebony Counseling Center received a State award for the Real Men Program. ACTION TAKEN Smith commented on the Board of Zoning Adjustment moving their Tuesday meeting time from 3:00 p.m. to 5:30 p.m. Rowles thanked Development Services Manager Hardisty for responding to the Noise Study and memo on the 24th Street sign issue. Rowles thanked Public Works Director Rojas for resolving the paving issue; and Traffic Engineer Walker on the Elm Street issue. Rowles also thanked the Police Department for their report to the Budget and Finance Committee. Rowles requested Public Works Traffic Division speak to Kern City Civic Association regarding the feasibility of a traffic light at Cherry Hills and Stockdale. Rowles requested Public Works provide the status of repaving work needing to be done in Kern City and the possibility of expediting repairs. Mayor Price introduced his new wife, Sandi. 14. Bakersfield, California, April 23, ADJOURNMENT Motion by Rowles at 8:24 p.m. 1997 - Page 12 ACTION TAKEN APPROVED MAYO e City of Bakersfield, ATTEST: ~ ~'and E~ X~flci ' CITY CLERK o Clerk of the Council of the city of Bakersfield, CA CA APR2397.A 5/19/97 8:39am