HomeMy WebLinkAbout05/12/99 MINUTES CC107
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 12,1999
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.rn.
PRE-MEETING
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard (seated at 5:21 p.m.),
Couch, Sullivan, Salvaggio
Councilmember Rowles
ACTION TAKEN
2. WORKSHOP
a. Overview of the Proposed FY 99/2000 Budget.
Assistant City Manager John Stinson provided a
computer budget overview, provided written material
and distributed the proposed budget; Darnell Haynes,
Assistant to City Manager, provided information
regarding budget comparison; and City Manager
Alan Tandy spoke regarding Council goals and their
effects on the budget.
NAT
Motion by Carson to add an item which arose after the
agenda was posted, which requires action at this
meeting.
Conference with Legal Counsel §54956.9(a)
Existing Litigation; CallOak Development Properties,
L.P. vs City of Bakersfield, et al., Kern County
Superior Coud Case No. 235614-AEW
APPROVED
AB ROWLES
CONTINUED TO
END OF MEETING
Motion by Carson to recess to Closed Session at 5:50
p.m.
APPROVED
AB ROWLES
CLOSED SESSION
Conference with Legal Counsel - Potential Litigation,
Initiation of litigation pursuant to Subdivision (c) of
Government Code Section 54956.9. One potential
case.
CITY ATTORNEY
AUTHORIZED TO
INITIATE LITIGATION
104
Bakersfield, California, May 12, 1999 - Page 2
CLOSED SESSION continued
b,
Conference with Legal Counsel - Existing Litigation,
Closed Session pursuant to Subdivision (a) of
Government Code Section 54956.9. City of
Bakersfield, etc. vs. Valley Communities, Inc., etc., et
al.; Kern County Superior Court Case No.
238380-RA.
ACTION TAKEN
NO REPORTABLE
ACTION
Motion by Carson to recess from Closed Session at 6:58
p.m.
Closed Session continued on Page 11.
REGULAR MEETING
1. INVOCATION by Bishop Colon Bywater, The Church of Jesus
Christ of Latter-Day Saints
PLEDGE OF ALLEGIANCE by Councilmember Sullivan
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles, Sullivan,
Salvaggio
None
APPROVED
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected
on Pages 1, 2 and 11.
PRESENTATIONS
Mayor Price, assisted by Councilmembers Rowles
and Vice-Mayor Carson, presented a Proclamation
and Certificates to The Bakersfield Dragons, Youth
Ice Hockey State Champions, proclaiming May 12,
1999 as "Bakersfield Dragons Day".
Mayor Price presented a Proclamation to Raul Rojas,
Public Works Director, proclaiming May 16-22, 1999
as "National Public Works Week".
Bakersfield, California, May 12, 1999 - Page 3
Mayor Price announced Hearings 9.c., Daystar
Development, has been withdrawn and will not be heard
tonight.
ACTION TAKEN
PUBLIC STATEMENTS
June Adkins spoke regarding animals in
entertainment in the City of Bakersfield and provided
written material and a video.
DeMond requested staff copy the video provided by
June Adkins and return the original back to her.
The following individuals spoke regarding the Young
Male Leadership Conference: James Tyson, Larry
Bowman, requested a proclamation designating the
week of May 24-28, 1999 as Young Males
Responsibility Week; Emilio Martinez, Charles
Young; and presented t-shirts to Council.
April Berkheimer spoke regarding Massage Training
Institute and provided written material.
d. Becky Kaiser spoke regarding words of wisdom.
Couch requested staff meet with him regarding the
annexation process.
e. Barbara Fields spoke regarding garbage services.
APPOINTMENTS
None.
CONSENTCALENDAR
Minutes:
a. April 28, 1999 Council Meeting.
Payments:
Payments from April 17, to April 30, 1999 in the
amount of $6,057,143.34; and Self Insurance
payments from April 17, to April 30, 1999 in the
amount of $106,809.60.
106
Bakersfield, California, May 12, 1999 - Page 4
8. CONSENT CALENDAR continued
ACTION TAKEN
Resolutions:
Co
Resolution of Intention No. 1189 preliminarily
adopting, confirming and approving Public Works
Director's Report for the Consolidated Maintenance
District and the 1999-2000 Budget; setting time and
place for hearing protests on the amount of street
and median landscaping assessments to be levied
throughout the Consolidated Maintenance District.
ROI 1189
Resolution of Intention No. 1190 preliminarily
adopting, confirming and approving Public Works
Director's Report for the Consolidated Maintenance
District and the 1999-2000 Budget; setting time and
place for hearing protests on the amount of park
landscaping assessments to be levied throughout the
Consolidated Maintenance District.
ROI 1190
Resolution of Intention No. 1192 preliminarily
adopting, confirming and approving Public Works
Director's Report for the Traffic Signal Maintenance
Districts and the 1999-2000 Budgets; setting time
and place for hearing protests on the amount of
assessments to be levied throughout each of the
Traffic Signal Maintenance Districts, (Ward 4)
ROi 1192
Assessment District No. 99-1 (Polo Greens/River
Oaks): (Ward 4)
Resolution accepting petition and determining
to undertake special assessment
proceedings.
RES 59-99
Agreement with Orrick, Herrington & Sutcliffe,
Bond Counsel, for legal services.
AGR 99-110
Agreement with Lotion, DeL. ancie, for legal
services, Disclosure Counsel.
AGR 99-111
Agreement with Wilson & Associates for
assessment engineering purposes.
AGR 99-112
Agreements:
Agreement to sell City owned real property at 3908
Panorama Drive. (Ward 3)
AGR 99-113
DEED 5041
Bakersfield, California, May 12, 1999 - Page 5
CONSENT CALENDAR continued
ho
Agreement with Kyle Carter Homes, inc. for Olive
Drive and Calloway Drive sewer improvements, not
to exceed $369,593.12. (Ward 4)
Agreement with the State of California, Department
of Transportation, Program Supplement No. 051 for
partial reimbursement of the City project to construct
a traffic signal at College Avenue at Fairfax Road.
(Ward 3)
Agreement with Wm. Bolthouse Farms, Inc. to lease
City owned real property for farming operations,
located at the northeast corner of Cottonwood Road
and Hosking Avenue for an initial term of three years
with one year extensions subject to City approval.
(Ward 3)
Purchase Agreement, $560,000 with Nalbandian and
Hutson Partnership to acquire real property located
approximately one-half mile west of Fairfax Road on
the north side of Sunset Boulevard extended for
future wastewater spreading operations.
Covenant and Agreement to construct offsite public
street improvements for Rivertakes Ranch. (Ward 4)
Resurfacing various streets, Fiscal Year 1997-98:
(Wards 1, 2, 4, 5, 6)
Contract Change Order No. 2, $174,448.83,
to Contract No. 98-206 with Griffith Company
for various items of extra work.
Appropriate $35,000 Fund Balance to the
Capital Improvement Budget within the Gas
Tax Fund.
Q Street Underpass, Chester Avenue Underpass
widening and related track work at the Burlington
Northern and Santa Fe Railway tracks: (Ward 2)
Contract Change Order No. 2, $108,139, to
Contract No. 99-49 with Griffith Company, for
the removal of overhead communication lines
and poles.
ACTION TAKEN
AGR 99-114
AGR 99-115
AGR 99-116
AGR 99-117
DEED 5043
AGR 99-1 f8
108
Bakersfield, California, May 12, 1999 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
Bids:
Award Contract to W.M. Lyles Co., $134,496 for B
Street sewer replacement. (Ward 2)
CON 99-119
Accept bid from Controlco Automation, $30,408.91
for SCADA Telemetry Equipment for
Telecommunications Division.
Reject bid from Patscheck Construction Co.,
$200,468.23 for construction of Coffee Road sound
wall, Olive Drive to Weldon Avenue. (Ward 4)
Miscellaneous:
Quitclaim Deed to Greenfield School District as part
of an exchange of sewer easement for Benton/Planz
Sewer Lift Station. (Ward 7)
DEED 5042
Motion by Carson to adopt Consent Calendar Items a.
through r.
APPROVED
City Attorney Bart Thiltgen introduced Jackie Jennings of the
Law Office of Lofton, DeLancie.
9. HEARINGS
Resolution ordering the vacation of Eye Street
between 14th Street and the Burlington Northern
Santa Fe Railway for County of Kern parking facility.
(Ward 2)
RES 60-99
Hearing opened at 7:38 p.m.
No one spoke.
Hearing closed at 7:38 p.m.
Motion by DeMond to adopt the resolution. APPROVED
lO,c
Bakersfield, California, May 12, 1999 - Page 7
9. HEARINGS continued
ACTION TAKEN
Two ordinance amendments related to park credits
for multiple-service medical and recovery care
facilities.
Ordinance amending Section 15.80.020 and
adding Section 15.80.125 to Title 15 of the
Bakersfield Municipal Code relating to park
land dedication in-lieu fee credit for multiple-
service medical and recovery care facilities·
(First reading April 28, 1999)
ORD 3896
Ordinance amending Section 15.82.020 and
adding Section 15.82.065 to 'Title 15 of the
Bakersfield Municipal Code relating to park
development fee credit for multiple-service
medical and recovery care facilities. (First
reading April 28, 1999)
ORD 3897
Maggard announce conflict of interest due to source
of income.
Hearing opened 7:41 p.m.
Henry Agonia, North Bakersfield Recreation and
Parks District, expressed concerns regarding the In-
Lieu Ordinance, Section d.
Michael Abril, Borton, Petrini, & Conron, representing
Carriage Inc. spoke in support of staff
recommendation·
Hearing closed at 7:45 p.m.
Motion by Rowles to adopt the ordinances.
APPROVED
AB MAGGARD
Request for financial assistance/bncentives for
Daystar Development - The Grand Canal. (Ward 7)
NAT
Correspondence was received from Mr. Yehuda
Netanel, representing Daystar Development, dated
May 11, 1999, withdrawing their request.
Motion by DeMond to move Deferred Business Items a.
thru c. and New Business Item a. forward on the Agenda.
APPROVED
110
Bakersfield, California, May 12, 1999 - Page 8
11. DEFERRED BUSINESS
ACTION TAKEN
ao
Ordinance changing the zoning from One Family
Dwelling to One Family Dwelling-Church on 10 acres
at the southwest corner of Snow Road and Calloway
Drive, ZC No. P99-0054. (First reading April 28,
1999) (Ward 4)
ORD 3898
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 103-30 from
Light Manufacturing to Central Commercial on 15
acres, located between 21't and 24th Streets, east of
R Street, west of the Kern Island Canal, ZC P98-
0749. (First reading April 28, 1999) (Ward 2)
ORD 3899
Ordinance changing the zoning from One Family
Dwelling-Church to Planned Unit Development,
located approximately 1,000 feet west of Oswell
Street, ZC P98-0991. (First reading April 2& 1999)
(Ward 3)
ORD 3900
Motion by DeMond to adopt Deferred Business
Items a. thru c.
APPROVED
12. NEW BUSINESS
Amendment No. 1 to Agreement No. 98-16 with
Ogden Entedainment.
AGR98-f6(1)
City Manager Alan Tandy provided a brief update
and introduced Tim Ryan and Jim Foss of Ogden
Entertainment, who provided additional information.
Motion by Carson to approve the agreement.
APPROVED
Mayor Price recessed the meeting at 8:05 p.m. and
reconvened at 8:15 p.m.
10. REPORTS
City Manager's Report No. 3-99 regarding Freeway
Update.
NAT
Public Works Director Raul Rojas provided brief
comments and introduced Engineering Services
Manager Jack LaRochelle, Civil Engineer IV Marian
Shaw, Water Resources Director Florn Core and
Mary Frederick of Caltrans, Ron Brummett of Kern
COG, who provided the Freeway Update.
Bakersfield, California, May 12, 1999 - Page 9
111
13.
COUNCIL STATEMENTS
Maggard referred a previous referral to staff to review
the possibility of a joint meeting with the City Council
and Board of Supervisors and requested this issue be
placed on the next agenda.
Maggard referred a previous referral to Staff to review
the possibi~ty of softening the 3-minute public
statements time limit and requested this issue be placed
on the next agenda.
Maggard referred to staff the i'ssue of improving
Downtown parking through a joint effort between the
City and County and requested staff discuss this issue
with Supervisor Peterson and his staff prior to
discussion in the Urban Development Committee.
Maggard thanked staff for their efforts in responding to his
requests.
Maggard requested staff draft a letter, similar to Mayors
letter, regarding AB 1035.
Couch supported the request for a joint City/County meeting
regarding parking Downtown.
Couch requested staff also prepare a letter regarding AB
1035.
Couch referred to staff the issue of televised Council
meetings and asked that it be placed on the next
agenda.
Couch thanked Public Works Director Raul Rojas,
Engineering Services Manager Jack LaRochelte, and Public
Works Operations Manager Joe Lozano for their work at
Riverlakes parking lot area.
Couch thanked staff for their work on the Fruitvale Properties
agreement.
Couch requested staff provide a response to the Memo
he provided regarding City Investments.
Couch thanked Public Works Director Raul Rojas for the cost
analysis on freeway alternatives.
Salvaggio requested staff prepare the resolution
regarding the labor agreement with the Firefighters.
ACTION TAKEN
Bakersfield, California, May 12, 1999 - Page 10
13.
COUNCIL STATEMENTS continued
Salvaggio referred to staff the issue of salary
compaction at management level in the Fire Department.
Salvaggio requested staff determine 'which would be
most effective, individual letters or a letter from the
whole council regarding AB 1035.
Salvaggio expressed concerns regarding the DeJa Vu
billboards and requested staff prepare a letter to the
property owners and Martin Advertising, encouraging
removal of the DeJa Vu advertising.
Salvaggio referred to staff the issue of constructing a
sound waft at Coffee Road and requested staff be
aggressive in the bid re-advertising.
Salvaggio thanked the Building Division for their continued
work on White Lane and El Potrero Lane area.
DeMond requested Public Works Director Raul Rojas
talk with her regarding the demolition of the J & S on
Baker Street.
DeMond stated she will provide staff with information
regarding the Museum for distribution to Council.
Rowles requested staff prepare a series of letters
regarding AB 1035 and a resolution to be brought to
Council in two weeks.
Rowles referred to Public Works Director the issue of
traffic speed limits from Oak Street, east, on Truxtun to
Downtown and requested a speed study of this area.
Rowles stated there is interest to place a skate park in
the old Ice Palace and requested staff contact Cary
Ryan, Action Sports, prior to the Community Services
Committee meeting in June.
Mayor Price announced he had a meeting with Ray
Bishop, Airport, and he would like to give Council an
update.
ACTION TAKEN
Bakersfield, California, May 12, 1999 - Page 11
,
Motion by Carson to recess back into Closed Session at
9:50 p.m.
CLOSED SESSION continued
Conference with Legal Counsel §54956.9(a) -
Existing Litigation; Cal/Oak Development Properties,
L.P. vs City of Bakersfield, et al., Kern County
Superior Court Case No. 235614-AEW
Motion by DeMond to Adjourn from Closed Session at
10:20 p.m.
ACTION TAKEN
NO REPORTABLE
ACTION
APPROVED
14. ADJOURNMENT
Motion by Carson to adjourn at 10:20 p.m.
MAY~"gf t!'~' Ci f l~;kersfield, CA
ATTEST:
CITY CLERK and Ex OfficiOClerk of the
Council of the City of Bakersfield
APPROVED
114