HomeMy WebLinkAbout08/09/1995 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 9, 1995
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
Present: Councilmembers DeMond, Carson,
Smith, McDermott, Rowles, Sullivan
(seated at 5:21), Salvaggio (seated
at 5:20)
Absent: Mayor Price
2. KERN ECONOMIC DEVELOPMENT CORPORATION MID-
YEAR REPORT.
City Manager Tandy introduced Greg Whitney,
KEDC, who provided a presentation.
3. BRIEFING ON THE HELLMUTH-OBATA KASSABAUMr
INC. (HOK) STUDY REGARDING THE SPORTS
STADIUM.
Correspondence was received from George W.
Nickel, Jr., dated August 8, 1995, in
response to an article in the Bakersfield
Californian regarding a sports stadium; and
Correspondence from J. Philip Bentley,
President, Downtown Business Association,
dated March 17, 1995, in support of
development of the Sam Lynn site.
Public Works Director Rojas introduced Tom
Tingle, Director of Minor League Baseball,
HOK, who provided a cost comparison study for
sites in Southwest Bakersfield and at Sam
Lynn Ballpark.
City Manager Tandy provided a slide
presentation.
Motion by McDermott to recess to Closed APPROVED
Session at 6:15 p.m. AB PRICE
Bakersfield, California, August 9, 1995 - Page 2
CLOSED SESSION
1. Conference with Legal Counsel, Potential
Litigation, regarding initiation of
litigation pursuant to Government Code
Section 54956.9(c). one case.
2. Conference with Legal Counsel, Potential
Litigation, regarding significant exposure to
litigation pursuant to Government Code
Section 54956.9(b). One potential case.
Motion by McDermott to adjourn from Closed
Session at 6:55 p.m.
ACTION TAKEN
CITY ATTORNEY
WAS PROVIDED
INSTRUCTIONS
CITY ATTORNEI!
WAS PROVIDED
INSTRUCTIONS
APPROVED
AB PRICE
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1.
2.
3.
4
5
6
INVOCATION by Chaplain Mike Castle, First Assembly of God
Church.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Councilmembers DeMond, Carson,
Smith, McDermott (seated at 7:03),
Rowles, Sullivan, Salvaggio
Absent: Mayor Price
CLOSED SESSION ACTION
Vice Mayor DeMond announced Closed Session
action as reflected on Page 1.
PRESENTATIONS
PUBLIC STATEMENTS
a. The following individuals spoke
regarding the baseball facility:
Jack Patton, Vice President, Bakersfield
Blaze Baseball Club; and Bruce Keith.
(Public Statements continued on Page 9)
ACTION TAKEN
7. APPOINTMENTS
8.
Bakersfield, California, August 9, 1995 - Page 3
CONSENT CALENDAR
ACTION TAKEN
a. Payments from July 6 to July 27, 1995 in
I ,
Ad . .x.
the amount of $6,590,169.27 and Self
Insurance payments from July 6 to July
27, 1995 in the amount of $485,939.76.
b.
Minutes of the Workshop, Closed Session
and Regular Meeting of July 19, 1995.
C.
Resolution determining that a compost
RES 125-95
turner (Scarab) cannot be reasonably
obtained through the formal bid process
and authorizing the Finance Director to
dispense with the normal bidding
procedure therefor, not to exceed
$45,000. (Ward 1)
d.
Resolution determining that used
RES 126-95
vehicles cannot be reasonably obtained
through the formal bid process and
authorizing the Finance Director to
dispense with the normal bidding
procedure therefor, not to exceed
$278,000.
e.
Resolution determining that a Firearms
RES 127-95
Training System (F.A.T.S.) cannot be
reasonably obtained through the usual
bidding procedure and authorizing the
Finance Director to dispense with
bidding therefor, not to exceed $86,000.
f.
Resolution authorizing collection of
REMOVED FOR
assessments by the Kern County Tax
S E P A R A T E
Collector for securing and maintaining
CONSIDERATION
dangerous buildings against entry.
(Wards 1 & 2)
REMOVED FOR
g.
Resolution authorizing collection of
S E P A R A T E
assessments by the Kern County Tax
CONSIDERATION
Collector for abatement of public
nuisances. (Wards 1, 2 & 7)
h.
Resolution authorizing collection of
RES 128-95
assessments for Assessment District 94-1
(Renfro/Hughes) by the Kern County Tax
Collector. (Wards 4 & 7)
i.
Assessment District No. 94-3, Silver
Creek/Brimhall North/Seven Oaks/South
Laurelglen. (Ward 4)
1. Resolution approving amended
RES 129-95
boundary map.
N
Bakersfield, California, August 9, 1995 - Page 4
8. CONSENT CALENDAR continued
i. 2. Resolution preliminarily approving
Engineer's Report, setting
September 13 & 27, 1995 for hearing
public testimony.
j. Contract Change Order No. 1 to Contract
No. 95-173 with C & L Coatings for
additional repairs to the Convention
Center arena floor. (Ward 2)
k. Contract Change Order No. 4 to Contract
No. 94-108 with Spiess Construction Co.,
Inc. for the construction of the
Northeast Bakersfield Sewer Trunk Line,
Assessment District No. 93-1. (Ward 3)
1. Amendment No. 2 to Agreement No. 94-189
with Porter-Robertson Engineering &
Surveying ($20,000) for construction
inspection services for the Northeast
Bakersfield Sewer Trunk Line, Assessment
District No. 93-1. (Ward 3)
M. Amendment No. 1 to Agreement No. 95-10
with Sturgeon & Sons, Inc. ($200,000)
for earth moving and hauling services as
needed for City Departments.
n. Agreement with County of Kern for shared
cost of operating Green and Wood Waste
Diversion Program.
o. Disposition Agreement with American West
Lands Company for remainder parcels
located at the northeast corner of
Calloway Drive at Brimhall Road. (Ward
4)
p. Consultant Agreements with DeWalt
Corporation, Helt Engineering, Martin-
McIntosh and Porter-Robertson
Engineering and Surveying for on-call
engineering and surveying services.
q. Agreement to indemnify LAFCO for Madison
No. 1 Annexation, Annexation No. 384,
Proceeding No. 1192, located east of
Madison Street between Casa Loma Drive
and Watts Drive. (Ward 1)
ACTION TAKEN
RES 130-95
SMITH
ANNOUNCED
ABSTENTION
FOR CONFLICT
SMITH
ANNOUNCED
ABSTENTION
FOR CONFLICT
AGR 95-200
AGR 95-201
AGR 95-202
AGR 95-203
DEED 4238
REMOVED FOR
SEPARATE;
AGR 95-204
8
Bakersfield, California, August 9, 1995 - Page 5
CONSENT CALENDAR continued ACTION TAKEN
r. Tract Maps and Improvement Agreements:
1. Final Map and Improvement
AGR 95-205
Agreements with Castle and Cooke
AGR 95-206
Homes Inc. for Tract 5292 northerly
of Grand Lakes Avenue at Mountain
Vista Drive. (Ward 4)
2. Final Map and Improvement Agreement
AGR 95-207
with Carriage Homes, Inc. for Tract
5334 on the east side of Jewetta
Avenue at Birchaven Avenue. (Ward
4)
S.
Accept bid to award Contract to S.A.
CON 95-208
Camp Pump Company ($103,999) for
drilling, casing and pump testing Ashe
Water Well No. 35 for the Water
Department. (Ward 4)
t.
Accept bid to award Contract to Griffith
CON 95-209
Company ($673,000) for Stockdale Highwa
y reconstruction and Stockdale Highway
and Coffee Road landscaping; and
appropriate $45,000 Transportation
Development Fund Balance to the Public
Works Capital Improvement Budget within
the Transportation Development Fund.
(Ward 4)
U.
Accept bid to award Annual Contract to
CON 95-210
Granite Construction Co. (7 items,
$608,021.70) for street materials to
repair City street surfaces.
V.
Amendment No. 1 to Fiscal Year 1995-96
AGR 95-211
Action Plan of the Consolidated Plan
2000. (CDBG)
W.
Letter to State Representatives in
opposition to Assembly Bill 1005
(Cortese) regarding local planning for
water service needs.
X.
Reject all bids for Police Station
addition. (Ward 2)
(Staff recommends rejecting all bids an
d directing staff to reevaluate project
for future bidding to come closer in
line with the approved budget of $1.3
million)
8.
Bakersfield, California, August 9, 1995 - Page 6
CONSENT CALENDAR continued ACTION TAKEN
Y_ City Response to the 1994-95 Grand Jury
Report on the Bear Mountain Co-
Generation Plant.
(Staff recommends approval of the
response and authorization to release
the response to the Grand Jury)
Z. Appropriate $20,000 from developer share
of project cost to the Development
Services Department Operating Budget in
the General Fund for an Environmental
Impact Report for a Castle and Cooke
General Plan Amendment (west of Buena
Vista Road, south of the Kern River).
(Ward 4)
aa. Transfer $6,000 of Council Contingency
to Non-departmental Operating Budget
within the General Fund for increase in
the FY 1995-96 Bakersfield Symphony
contribution.
Motion by McDermott to adopt Items (a) APPROVED
through (aa) of the Consent Calendar, with AB PRICE
the exception of Items f., g. and p.; Smith
abstaining on Items k. and 1. due to owning
property nearby.
f. Resolution authorizing collection of
RES 131-95
assessments by the Kern County Tax
Collector for securing and maintaining
dangerous buildings against entry.
(Wards 1 & 2)
g. Resolution authorizing collection of
RES 132-95
assessments by the Kern County Tax
Collector for abatement of public
nuisances. (Wards 1, 2 & 7)
Motion by Carson to adopt Items f. and
APPROVED
g. of the Consent Calendar.
AB PRICE
p. Consultant Agreements with DeWalt
AGR 95-212
Corporation, Helt Engineering, Martin-
AGR 95-213
McIntosh and Porter-Robertson
AGR 95-214
Engineering and Surveying for on-call
AGR 95-215
engineering and surveying services.
Motion by Rowles to adopt item p. of the
APPROVED
Consent Calendar.
AB PRICE
9
Bakersfield, California, August 9, 1995 - Page 7
HEARINGS
ACTION TAKEN
a. Hearing to consider Ordinances amending
ORD 3657
Chapters 15.04, 15.12, 15.16, 15.20,
ORD 3658
15.241 15.28 and 15.32 of the
ORD 3659
Bakersfield Municipal Code relating to
ORD 3660
Uniform Building and Construction Code.
ORD 3661
(First Reading 7/19/95)
ORD 3662
ORD 3663
Hearing opened at 7:15 p.m.
Jim Chilko spoke in support.
Hearing closed at 7:17 p.m.
Motion by McDermott to adopt (7)
APPROVED
Ordinances.
AB PRICE
b. Emergency Ordinance adding Subsection F.
ORD 3664
to Section 17.08.080 of the Bakersfield
Municipal Code relating to
reconstruction of damaged nonconforming
owner-occupied single family buildings.
(Ordinance 3654)
Hearing opened at 7:18 p.m.
No one spoke.
Hearing closed at 7:18 p.m.
Motion by DeMond to adopt Emergency
APPROVED
Ordinance.
AB PRICE
C. Public hearing to determine whether the
RES 133-95
public interest and necessity require
taking, by eminent domain, of property
located at 1000 14th Street,
Bakersfield, California, for public
parking purposes. (Pursuant to
California Code of Civil Procedure
Section 1245.230) (old Feed Bin
property) (Ward 2)
Hearing opened at 7:19 p.m.
No one spoke.
Hearing closed at 7:19 p.m.
Motion by McDermott to adopt Resolution
APPROVED
of Necessity, enabling the City to
AS PRICE
condemn the subject property.
~r
J
Bakersfield, California, August 9, 1995 - Page 8
10. REPORTS
11. DEFERRED BUSINESS
a. ordinance amending Section 16.32.060,
Subsection D., of the Bakersfield
Municipal Code relating to planned
drainage areas. (First Reading 7/19/95)
b. Ordinance amending Chapter 8.80 of the
Bakersfield Municipal Code relating to
abatement of public nuisances. (First
Reading 7/19/95)
Motion by McDermott to adoption Items a.
and b. of Deferred Business.
C. Convention Center Heating, Ventilation
and Air Conditioning (HVAC) Project
(Ward 2):
1. Resolution determining that
design/build services for the HVAC
System at the Convention Center
cannot be reasonably obtained
through the usual bidding
procedures and authorizing the
Finance Director to dispense with
bidding therefor.
Consultant's Agreement with
Honeywell, Inc. for design/build
services related to the Convention
Center HVAC Project.
Correspondence was received from Chris
Addington, Addington Associates, dated
July 17, 1995, advocating the
qualifications of Honeywell, Inc. to
perform the design/build services; and
Correspondence from Joe Colombo, Colombo
Construction Company, dated August 8,
1995, submitting letters from Interstate
Engineering, Mechanical Design Concepts
and Kern County Superintendent of
Schools.
ACTION TAKEN
ORD 3665
ORD 3666
APPROVED
AB PRICE
RES 134-95
AGR 95-216
r ~
Bakersfield, California, August 9, 1995 - Page 9
6.
11
PUBLIC STATEMENTS continued ACTION TAKEN
b. The following individuals spoke on the
HVAC Project:
Joe Colombo, Colombo Construction; Paul
Besselievre, District Manager, Trane
Company; Jeff Wagner, Honeywell, Inc.;
and Quincy Sharp, Honeywell, Inc.
(Public Statements continued on Page 10)
DEFERRED BUSINESS continued
b. salvaggio recognized Joe Colombo to
speak.
Motion by DeMond to adopt Resolution. APPROVED
NS MCDERMOT'P
AB PRICE
Motion by DeMond to approve Agreement. NAT
Motion by Rowles to refer to Budget & NAT
Finance committee the concept of an
incentive program during the assessment
period to find additional ways to
improve the product and save money.
Rowles referred to staff and Budget &
Finance Committee the compensation issue
for Items 3.b. through f. of the
Agreement; and the issue of local
preference - acquiring a format that is
fair to local companies.
Motion by DeMond to approve Agreement. APPROVED
NS MCDERMM'
AB PRICE
Vice Mayor DeMond announced a 5-minute
recess at 8:15 p.m. and reconvened the
meeting at 8:20 p.m.
l
Bakersfield, California, August 9, 1995 - Page 10
11. DEFERRED BUSINESS continued
d. Agreement with Godwins Books and
Dickenson for health care consultant
services.
6. PUBLIC
continued
c. Margaret Ursin spoke regarding the
retiree medical issue.
11. DEFERRED BUSINESS continued
d. Assistant City Manager Stinson provided
background information.
Salvaggio requested staff City Attorney
Skousen provide a memo informing Council
of the costs for an outside attorney.
Rowles requested Personnel inform
Council of a date certain (30 days) when
the recommendation will come back from
committee.
DeMond requested staff report back
within 30-60 days on the retiree medical
issue.
Smith recognized Chuck Waide, Kern
County Public Employees union
representative, to speak.
Motion by Sullivan to approve Agreement.
12. NEW BUSINESS
a. Ordinance amending Chapter 14.12 of the
Bakersfield Municipal Code relating to
sewers.
ACTION TAKEN
AGR 95-217
APPROVED
AB PRICE
FR
12.
Bakersfield, California, August 9, 1995 - Page 11
NEW BUSINESS continued
ACTION TAKEN
b. Amendment to ordinance No. 2518 New
FR
Series, granting a nonexclusive
franchise for coaxial cable for
television antenna service within the
City of Bakersfield and adding Chapter
5.48 to Title 5 of the Bakersfield
Municipal Code relating to Cable
Television Franchises.
C. Resolution authorizing deferral of
RES 135-95
assessment for a parcel within
Assessment District No. 91-1 (Hosking
Trunk Sewer). (Wards 6 i 7)
Motion by McDermott to adopt Resolution.
APPROVED
AB PRICE
d. Authorization to negotiate for sale with
AGR 95-218
the Federal Deposit Insurance
AGR 95-219
Corporation (FDIC) and immediate resale
for real properties located at 720
Terrace Way (Ward 1) to Affordable
Homes, Inc.; and 2221 South Real Road
(Ward 6) to Affordable Homes, Inc. and
the Bakersfield Senior Center, Inc.
Motion by Carson to authorize staff to
APPROVED
negotiate for the purchase of the
AB PRICE
properties; and execute all necessary
documents as approved by the City
Attorney's Office.
Motion by McDermott to add an item to APPROVED
the Agenda which arose after the Agenda AB PRICE
was posted and requires action tonight.
f. Defer the City Council meeting of August
23, 1995 to August 30, 1995.
Motion by McDermott to reschedule the APPROVED
August 23, 1995 Council meeting to NS DEMOND
August 30, 1995. SALVAGGIO
AB PRICE
ABS SMITH
Smith requested the General Plan
Amendment in her ward be deferred to
another meeting since she will not be
attending the meeting of August 30,
1995. City Manager Tandy stated it
would be continued to a later meeting.
4•
Bakersfield, California, August 9, 1995 - Page 12
12. NEW BUSINESS continued
e. Ward Reapportionment.
Development Services Director Hardisty
provided background information and
introduced Associate Planner Dow and
Engineering Drafter Mayberry who
assisted in the reapportionment
diagraming.
Motion by Salvaggio to keep the variance
at 158.
Carson suggested Council consider adding
an additional ward to serve the growth
in the community.
DeMond suggested maps with the changes
be distributed to Council; and the issue
be brought to a conclusion at the
meeting of September 13, 1995 with
adoption of a Resolution.
Motion by McDermott to move Precinct 567
from Ward 1 to Ward 2.
Council agreed to move Precinct 568 from
Ward 1 to Ward 2; and Precincts 249 and
257 from Ward 7 to Ward 1.
Motion by McDermott to move Precinct 231
from Ward 7 to Ward 1.
Motion by Sullivan to place the
proposals that have been made by
McDermott on paper to be distributed to
Council for review and discussion.
Motion by McDermott that these changes
be the draft plan to be considered.
Rowles requested Precinct 411 be moved
from Ward 6 to Ward 5.
Motion by Rowles to consider tonight's
changes, meet at the Workshop on August
30, 1995 and adopt the final ward
reapportionments on September 13, 1995.
ACTION TAKEN
WITHDRAWN
APPROVED
NS CARSON
AB PRICE
ABS SULLIVAN
SALVAGGIO
APPROVED
NS ROWLES
AB PRICE
ABS SULLIVAN
NAT
NAT
APPROVED
AB PRICE
Bakersfield, California, August 9, 1995 - Page 13
13. COUNCIL STATEMENTS
Rowles requested Public Works Department
check the traffic signal at Wilson Road and
Old Stine due to an increase in traffic
activity.
Smith thanked Economic Development Director
Wager for the mug and visor and for the
assistance with the graffiti problem; and
mentioned a graffiti problem at the Ralph's
Shopping Center and First Interstate Bank
building.
Smith remarked on the results of the survey
on Panorama Hills Park.
McDermott requested staff provide an
explanation for destroying the medians on
White Lane west of Pin Oak Park.
Carson requested a staff report regarding the
Conditional Use Permit approved for the
Neptune Society.
Salvaggio requested clarification on the
format and deviations of the ward maps being
provided to Council this Friday. Development
Services Director Hardisty responded.
DeMond requested a status report on the
Central Park situation.
14. ADJOURNMENT
ACTION TAKEN
Motion by Salvaggio to adjourn at 9:43 p.m. APPROVED
AB PRICE
X; W
MAYC~A'of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
AUG9.A
8/28/93 2:92ps