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HomeMy WebLinkAbout06/16/99 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 16, 1999 Council Chambers, City Hall, 1501 Truxtun Avenue Pro-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 145 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Maggard, Couch, Rowles (seated at 5:32 p.m.), Sullivan, Salvaggio None ACTION TAKEN WORKSHOP a. City Council Goals. Assistant City Manager Alan Christensen provided a brief computer presentation. Fiscal Year 1999/00 Budget Adjustments/Questions Update. Assistant City Manager John Stinson provided a computer presentation and distributed written material. Carson requested staff provide the park fees fund balances for each park. Maggard requested staff explore options, other positions/areas of operation that would benefit the community. DeMond requested staff keep her updated of the progress of the 23rd/24th Streets and Chester Avenue signal lights. Couch requested stsff provide him with a list of projects (signals) that qualify for TDF Funds. Rowles suggested the Urban Development Committee review the TDF projects list at their next meeting. 146 Bakersfield, California, June 16, 1999 - Page 2 CLOSED SESSION City Attomey Thiltgen announced additional information was not received regarding Closed Session Item a. therefore it is deleted from the Agenda. Motion by Carson to recess to Closed Session at 6:12 p.m. ACTION TAKEN APPROVED Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Kristopher K. Spain, et al. vs. Wymon R. Johnson, City of Bakersfield, et al.; Kern County Superior Court Case No. 237494-AEW 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., et al.; Kern County Superior Court Case No. 238380-RA DELETED FROM AGENDA NO REPORTABLE ACTION Motion by Salvaggio to adjourn from Closed Session at 6:58 p.m, APPROVED REGULAR MEETING INVOCATION by David Woodruff, First Assembly of God Church 2. PLEDGE OF ALLEGIANCE by Councilmember Rowles 3. ROLLCALL Present: Mayor Price, Councilmembers Carson, DeMond, Maggard, Couch, Rowles, Sullivan, Salvaggio Absent: None ACTION TAKEN CLOSED SESSION ACTION Mayor Price announced Closed Session Action as reflected on Page 2. PRESENTATIONS City Manager Alan Tandy introduced new Police Chief Eric Matlock. PUBLIC STATEMENTS Katie Brock spoke regarding Fire Department Civil Service Board. b. Becky Kaiser spoke regarding Palm/Olive Annexation. c. Barbara Fowler spoke regarding signs. Barbara J. Fields spoke regarding trust in government. The following individuals spoke in support of the Skateboard Park: Arthur Doland and Paul Anderson. Public Statements continued on Page 10. APPOINTMENTS One appointment to the Fire Civil Service Board, due to the resignation of James LeDoux, term expiring December 31, 2001. First Ballot votes ranked by preference: Ward 1 - Brunni, Brock Ward 2 - Brunni, Brock Ward 3 - SIocumb, Brock, Manzer Ward 4 - Slocumb Ward 5 - Brunni, Brock Ward 6 - Brunni, Brock, Slocumb Ward 7 - Slocumb, Brock, Manzer City Clerk McCarthy announced the two individuals receiving the highest number of votes were Kathleen Brock and Conni Brunni. Second Ballot votes for the first Four-Year Position: Ward 1 - Brunni Ward 2 - Brunni Ward 3 - Brock Ward 4 - Brock Ward 5 - Brock Ward 6 - Brunni Ward 7 - Brock ACTION TAKEN Bakersfield, California, June 16, 1999 - Page 4 APPOINTMENTS continued ACTION TAKEN City Clerk McCarthy announced the individual receiving the highest number of votes was Kathleen Brock. Motion by Carson to appoint Kathleen Brock, term expiring December 31, 2001. APPROVED CONSENT CALENDAR Minutes: Budget Hearings of May 17 and 24, 1999 and Regular Council meeting of May 26, 1999. Payments: Payments from May 15, to June 4, 1999 in the amount of $7,283,766.03; and Self Insurance payments from May 15, to June 4, 1999 in the amount of $125,655.12. Resolutions: Resolution of Intention No. 1198 declaring the City's intention to add territory, Area 4-13 (Miramonte, 178) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3) Assessment District No. 99-1 (Polo Greens/River Oaks): 1. Resolution approving Boundary Map. 2. Resolution of Intention No. 1197. (Ward 4) e. Fire Department Labor Resolutions: Resolution approving the Memorandum of Understanding setting salaries and related benefits for the Firefighters and Engineers Unit of the Fire Department of the City of Bakersfield. ROI 1198 RES 70-99 ROI 1197 RES 71-99 Bakersfield, California, June 16, 1999- Page 5 I 4 9 CONSENT CALENDAR continued Resolution approving the Memorandum of Understanding setting salades and benefits for the Fire Supervisory Unit of the Fire Department of the City of Bakersfield. Resolution determining a surplus in the City of Bakersfield Assessment District 93-3 (California-Oak) Improvement Fund and Directing Disposition thereof pursuant to Streets and Highways Code Section I O427. Resolution authorizing the Mayor to sign amended By-Laws for the Kern County Association of Cities. Resolution supporting Senate Bill 1165 regarding Expedited Judicial Review. Resolution requesting an annual meeting of the Board of Supervisors and City Council. Resolution authorizing the Finance Director to dispense with usual bidding procedures and to purchase Autoscope Systems and cameras for the 1998/99 Resurfacing Streets Phase One Project, not to exceed $50,000. Sale of surplus property: (Ward 4) Resolution declaring real property located on the east side of Coffee Road approximately one-quarter mile south of Rosedale Highway, surplus to needs of the City. Sales Agreement, $3,020.22, with Jack E. Turman, for 5,593 square feet of said property. ACTION TAKEN RES 72-99 RES 73-99 RES 74-99 RES 75-99 REMOVED FOR SEPARATE CONSIDERATION RES7~99 RES 78-99 ABS ROWLES AGR 99-127 DEED 5059 ABS ROWLES Fiscal Year 1998/99 Budget Amendments: Amendment No. 3 to Resolution No. 94-98 approving and adopting the City of Bakersfield Operating and Capital Improvement Budget for Fiscal Year 1998/99. REFERRED TO BUDGETAND FINANCE COMMITTEE Bakersfield, California, June 16, 1999 - Page 6 CONSENT CALENDAR continued Amendment No. 3 to Resolution No. 95-98 approving and adopting the Central District Development Agency Budgets for Fiscal Year 1998/99. Agreements: m. Tract Maps/Improvement Agreements: Agreement to provide for construction of median island with John E. Taft Trust of 1990, and John E. Taft, Trustee of the John E. Taft Trust of 1990 for zone change P98- 0746 and Parcel Map Waiver P99-0190, located at the southwest comer of Allen Road and Stockdale Highway. (Ward 4) Final Map and Improvement Agreements with Coleman Homes, Inc. for Tract 5920, Unit 1, located at the northeast corner of Riverlakes Drive and Olive Drive. (ward 4) Final Map and Improvement Agreement with Coleman Homes, Inc. for Tract 5920, Unit 2, located north of Olive Drive, east of Riverlakes Drive. (Ward 4) Final Map and Improvement Agreements with Coleman Homes, Inc. for Tract 5658, Unit 1, located north of Hageman Road, west of Calloway Drive. (Ward 4) Final Map and Improvement Agreement with Coleman Homes, Inc. for Tract 5658, Unit 2, located north of Hageman Road, west of Calloway Drive. (Ward 4) Final Map and Improvement Agreement with Berkshire Country Estates L.L.C. for Tract 5927, Phase 1, located on the south side of Berkshire Road, east of South H Street. (Ward 7) Agreement with the County of Kern for Shared Cost of Operating Green and Wood Waste Diversion Program. ACTION TAKEN AGR 99-f28 ABS MAGGARD AGR 99-129 AGR 99-130 ABS MAGGARD AGR 99-~31 ABS MAGGARD AGR 99-~32 AGR 99-133 ABS MAGGARD AGR 99-'134 ABS MACGARD AGR 99-~35 AGR 99-~36 Agreement to sell City owned real property at 3508 AGR 99-f37 Panorama Drive. (Ward 3) DEED 5060 Bakersfield, California, June 16, 1999 - Page 7 CONSENT CALENDAR continued Agreement with Westminster Ceramics, Inc. for repayment of City loan and appropriation of $202,440.00 to the Community Development Block Grant Operating Budget. (Ward 1) Purchase Agreement with Porter Land Company of California, $1,187,000 to acquire 314.50 acres located west of Fairfax Road between Sunset Boulevard extended and Bear Mountain Boulevard, for future wastewater spreading operations. Agreement with Randall Carroll for sewer and water service, located near the northeast corner of Rosedale Highway and Coffee Road. (Ward 4) Amendment No. 1 to Agreement No. 96-178, with Bakersfield Society for the Prevention of Cruelty to Animals for animal control services, annual increase of $30,744. Amendment No. 5 to Agreement No. 96-309 with Daley & Heft for legal services in the matter of City of Bakersfield vs. U.S. Fire Insurance Company, et al. Appropriate and transfer $150,000 insurance proceeds from the Self Insurance Fund to the City Attorney's Operating Budget in the Refuse Fund to pay for attorneys' fees. Contract Change Order No. 4, $109,382.45, to the Wastewater Treatment Plant No. 2 Upgrade and Expansion Project Agreement No. 97-335 with Kiewit Pacific Construction Company for extra work, time and materials. (Ward 1) Bids: ACTION TAKEN AGR 99-138 AGR 99-139 DEED 5061 AGR 99-140 ABS ROWLES AGR 96-176(1) AGR 96-309(5) v. Award Annual Contract to Pestmaster Services, Inc., CON 99-141 $32,370 for chemical application on City property. Bakersfield, California, June 16, 1999 - Page 8 CONSENT CALENDAR continued w. Storm Drain Line Rehabilitation: Award Contract to Insituform Technologies, Inc., $172,045, for the Storm Drain Line Rehabilitation in the Beach Park area. Appropriate $190,000 Fund Balance to the Capital Improvement Budget within the Sewer Enterprise Fund. (Ward 5) Construction of Coffee Road sound wall, Olive Drive to Weldon Avenue: (ward 4) 1. Reject bid from Serrano & Cone, Inc., $218,331. Resolution authorizing the Finance Director to Dispense with usual bidding procedures and negotiate contract(s) for the Coffee Road sound wall, not to exceed $90,000. Award Contract to Griffith Construction Company, $939,935, for the resurfacing of various streets 1998/99, Phase One. z. Reject all bids for Bakersfield Amtrak Station. (Ward 2) Miscellaneous: aa. Dedication of property: Easement from the City of Bakersfield to P.G.& E. to provide service within the City's 2800 acre groundwater recharge facilities. (Ward 4) Easement from the City of Bakersfield to P.G. & E. to relocate existing facilities on City owned property at the northeast corner of Truxtun Avenue and Coffee Road. (Ward 4) bb. Curbside collection of used oil and oil filters: Accept California integrated Waste Management Board Grant (CIWMB) for curbside collection of used oil and oil filters. ACTION TAKEN CON 99-142 RES 79-99 AGR 99-333 C0N99-143 DEED 5062 DEED 5063 Bakersfield, California, June 16, 1999 - Page 9 CONSENT CALENDAR continued bb. 2. Appropriate $220,527 CIWMB Grant Funds to the Public Works Operating Budget within the Solid Waste Fund. CC. Appropriate $13,165 of donations from several local businesses to the Public Works Department Operating Budget within the General Fund for anti- graffiti educational and promotional activities. dd. Appropriate $120,000 Fund Balance for the Allen Road at Brimhall Road traffic signal to the Capital Improvement Budget within the Transportation Development Fund. (Ward 4) ee. Appropriate $154,460 Developer Contribution for traffic signal and lighting system installation on Brimhall Road at Jewetta Avenue to the Capital Improvement Budget within the Transportation Development Fund. (Ward 4) Appropriate $960.00 in Strong Motion Instrumentation Trust funds to Building Division Operating Budget within the General Fund for installing protective liners to the disaster trailer and the truck bed. gg. Agreement to accept donation of a single purpose, passive alert response, narcotics detection canine and the mandatory 160-hour P.O.S.T. Canine Team Certification Training Course by Johannes Grewe, master trainer of the Bakersfield Police Department Canine Unit. hh. Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $168,999.08. Maggard announced abstention on Consent Calendar Items m. 1., 2., 3., 4., and 5. due to source of income. Rowles announced abstention on Consent Calendar Items k. 1., 2., r. and ee. due to source of income to employer and nearby property/assets. Motion by Carson to adopt Consent Calendar Items a. through hh., with separate consideration of Item L ACTION TAKEN ABS ROWLES AGR 99.144 APPROVED Bakersfield, California, June 16, 1999 - Page 10 CONSENT CALENDAR continued i. Resolution requesting an annual meeting of the Board of Supervisors and City Council. Motion by Carson to adopt Consent Calendar Item L RES 76-99 APPROVED Mayor Price recessed the regular Council Meeting at 7:30 p.m. and celled to order the special City Council and Central District Development Agency Meeting at 7:34 p.m. The Joint Special Meeting was adjourned at 8:00 p.m. Mayor Price reconvened the regular Council Meeting at 8:08 p.m. HEARINGS Resolution ordering the vacation of a 50 foot portion of the dediceted (waived) vehicular access rights on White Lane, west of Ashe Road at the northwest corner of Parcel 3 of Parcel Map No. 9290. (Ward 6) Maggard announced abstention due to source of income. PUBLIC STATEMENTS continued The following individuals spoke regarding the vacation of a 50 foot portion dedicated vehicular access: Harold Robertson, Porter Robertson Engineering & Surveying, representing Gustavo Garcia and Pascual Garcia, owner/operators of La Cabana Mexican Restaurants; and Mike Callagy, Comerstone Engineering, representing Mr. McMillian, Sonic Drive-In. Motion by Sullivan to continue to the next Council meeting. APPROVED NS ROWLES AB MAGGARD Bakersfield, California, June 16, 1999- Page 11 HEARINGS continued Protest hearing as required by Resolution of Intention No. 1192 regarding the assessments for four Traffic Signal Maintenance Districts; and resolution approving and adopting the Public Works Director's Report for four Traffic Signal Maintenance Districts and the 1999/2000 Budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) Rowles announced abstention due to source of income. Hearing opened at 8:36 p.m. No one spoke at hearing. Hearing closed at 8:36 p.m. Motion by Couch to override protests and adopt the resolution. ACTION TAKEN RES 80-99 APPROVED AB$ ROWLES Public Hearing for the Fiscal Year 1999/2000 Operating, Central District Development Agency and Capital Improvement Program Budgets. Hearing opened at 8:38 p.m. Harold Lindsay, Bakersfield Symphony, spoke in support of the budget. Hearing Closed at 8:40 p.m. NAT Hearing to consider a resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes service areas in the City Domestic Water System for Fiscal Year 1999/2000. (Wards 4, 5, 6) Hearing opened at 8:41 p.m. No one spoke at hearing. Hearing closed at 8:41 p.m. Motion by Rowles to adopt the resolution. RES 8f-99 APPROVED 155 Bakersfield, California, June 16, 1999 - Page 12 1'56 HEARINGS continued Public hearing to consider residential refuse rate increase for Fiscal Year 1999/2000. City Clerk McCarthy announced 59,000 notices were mailed on April 28, 1999 and as of 5:00 p.m., 98 protests were received opposing the rate increase. Hearing opened at 8:42 p.m. The following individuals spoke in opposition of staff recommendation: Carla Bajone; Barbara Fowler, submitted written material; Becky Kaiser; Marilyn Meystrick, submitted written material; Virginia Whitten, submitted written material; and Linda Casavant, submitted written material. Hearing closed at 8:56 p.m. Mayor Price recessed the meeting at 9:37 p.m. and reconvened at 9:43 p.m. Motion by Maggard to adopt the resolution with fee as proposed, with a clear understanding that it is his distinct interest to reduce this rate and asked staff to provide Council with decreased service options, in increments, as they relate to the rate increase, to bring back to Council. ACTION TAKEN RES8~99 APPROVED NS CARSON SAL VAGGIO Public hearing to consider commercial refuse rates increase for Fiscal Year 1999/2000. Hearing opened at 9:59 p.m. No one spoke at hearing. Hearing closed at 9:59 p.m. Motion by Salvaggio to adopt the resolution. RES 83-99 APPROVED NS CARSON Bakersfield, California, June 16, 1999 - Page 13 HEARINGS continued g. Hearing to consider a resolution establishing sewer service user charges for Fiscal Year 1999/2000. Hearing opened at 10:01 p.m. No one spoke at hearing. Hearing closed at 10:01 p.m. Motion by Salvaggio to adoption the resolution. ACTION TAKEN RES 84-99 APPROVED Protest hearing as required by Resolution of Intention No. 1189 to hear protests regarding the street landscaping assessments for the Consolidated Maintenance District; and resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 1999/2000 Budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. Hearing opened at 10:02 p.m. The following individuals spoke regarding street/park maintenance: Eric Trigueiro, submitted photos; and David Stanton, Representing Riverlakes Ranch Master Association, submitted written material and photos. Hearing closed at 10:12 p.m. Salvaggio directed staff to meet with Eric Trigueiro and David Stanton to address their concerns. Couch requested staff include him in the meetings with Mr. Trigueiro and Mr. Stanton. Motion by Salvaggio to override protests and adopt the resolution. RES 85-99 APPROVED 158 Bakersfield, California, June 16, 1999 - Page 14 HEARINGS continued Protest hearing as required by Resolution of Intention No. 1190 to hear protests regarding the park landscaping assessments for the Consolidated Maintenance District; and resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 1999/2000 Budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. City Clerk McCarthy announced 19,600 notices were mailed on May 28, 1999 and as of 5:00 p.m., 2 protests were received opposing the park landscaping fees. Hearing opened at 10:19 p.m. On one spoke at hearing. Hearing closed at 10:19 p.m. Motion by Couch to override protests and adopt the resolution. ACTION TAKEN RES 86-99 APPROVED 10. REPORTS Legislative and Litigation Committee Report No. 1-99 regarding Basic Safety Provisions for Y2K. Rowles suggest the City Fire Departments be used to disseminate emergency preparedness information. Motion by Couch to accept report and implement the recommendations. Legislative and Litigation Committee Report No. 2-99 regarding Planning Commission Appointment Procedures. APPROVED Motion by Couch to accept report. NAT Bakersfield, California, June 16, 1999 - Page 15 ]- 5 ~) lO. REPORTS continued Amended motion by Salvaggio to accept the report and implement 2nd option, "allow Councilmembers to nominate one Planning Commission each, not restricted to his/her ward, approved or ratified by the Council as a whole, the order of the nomination be implemented with a lottery, and the elimination of the alternate Planning Commissioner at the end of that term"; and direct staff to prepare an ordinance. Friendly amended motion by Rowles to accept the report; implement Option 2 with Councilmembers to nominate one Planning Commission each, not restricted to his/her ward, ratified by the Council as a whole, elimination of the alternate Planning Commissioner; prepare an ordinance for first reading, to include the three appointments are tied to the Year 2000 election cycle for Wards 2, 5, and 6; have a lottery in April for one appointment, and the remaining appointments would come concurrently and assigned to the 2002 election; and direct staff to work out terms of existing Planning Commissioners to shorten or extend terms 1 year. ACTION TAKEN NAT APPROVED Community Services Committee Report No. 1-99 regarding a public skateboard park located at Beach Park. Motion by Sullivan to accept report and implement recommendations, less the $20,000 from the private sector contribution reducing amenities until funds raised, with immediate construction. APPROVED Bakersfield, California, June 16, 1999 - Page 16 11. DEFERRED BUSINESS a. Alcoholic Beverage Ordinances: Ordinance repealing Chapter 9.16.020 of the Bakersfield Municipal Code. (First reading 5/26/99) Ordinance amending Chapter 12.56.050, Paragraph N of the Bakersfield Municipal Code. (First reading 5/26/99) Motion by Salvaggio to adopt the ordinances. ACTION TAKEN ORD 3901 ORD 3902 APPROVED 12. NEW BUSINESS Ordinance adding Subsection D.5 to Section 3.20.060 of the Bakersfield Municipal Code relating to Design/Build. Ordinance amending Chapters 15.04, 15.12, 15.16, 15.20, 15.24, 15.28 , 15.32 and 15.64 of the Bakersfield Municipal Code relating to the Uniform Code for Building and Construction and the Uniform Fire Code. Ordinance approving and adopting the Redevelopment Plan for the Old Town Kern-Pioneer Project. (Wards 1, 2, 5) Ordinance approving and adopting the Redevelopment Plan for the Southeast Bakersfield Project. (Wards 1, 2) FR FR FR FR 13. COUNCIL STATEMENTS Salvaggio requested staff provide a status update regarding the purchase of the new playground equipment for Wilson Park. Salvaggio stated a controversial issue will be before the Board of Zoning on July 13 regarding a proposed bar in a shopping center, Executive Lounge, he requested notices for that hearing be sent out in a timely manner and requested a copy of the planning staff recommendation as soon as it is available; also requested City Manager Alan Tandy insure proper coordination between all departments involved, prior to the meeting. Bakersfield, California, June 16, 1999 - Page 17 13. COUNCIL STATEMENTS continued Couch thanked Recreation and Parks Director Stan Ford for the park dedication at Windsor Park. Couch stated for the record that Citi-Bank being the parent company of his firm has absolutely nothing to do with him or his firm, nor is his firm involved with City funds or investments. Couch submitted miscellaneous referrals to the City Manager. Rowles referred to the Parks Department a request from the Kern River Parkway to add additional green turf around Truxtun Lake and requested an evaluation. Rowles referred to Public Works Director Raul Rojas a request from Park Stockdale neighbors, the issue of evaluating median options (similar to Stockdale Estate medians) from Ashe Road, east along Stockdale Highway, to the new Save Mart Supermarket/Post Office on Stockdale Highway, and report back to Council prior to residents' July meeting. Rowles referred to Police Chief Matlock the issue of drug activity and kids loitering in Park Stockdale. DeMond thanked Recreation and Parks Director Stan Ford for the listing of parks including international Square as a family park. DeMond referred to Public Works Director Raul Rojas a request from Rich O'Niel for more greenery around Manor Street area. Salvaggio referred to staff, citizens' complaints regarding the number of Ice Cream trucks/noise and requested a written response, including current regulations. Mayor Price apologized to Council for his mis-behavior during the Planning Commission discussion. Carson stated the Intergovernmental Relations Committee meeting was very positive and requested staff explore how the City can participate in the Airport improvement project. ACTION TAKEN 162 Bakersfield, California, June 16, 1999 - Page 18 14. ADJOURNMENT Motion by Carson to adjourn at '1~1:50 p.m. MA.YOR of the'City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk/~f the Council of the City of Bakersfield ACTION TAKEN APPROVED