HomeMy WebLinkAbout10/20/99 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 20, 1999
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
259
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard (seated at 5:36 p.m.),
Couch, Rowles, Sullivan (seated at 5:23
p.m.), Salvaggio (seated at 5:23 p.m.),
None
ACTION TAKEN
2. WORKSHOP
a. Major Transportation Investment Strategy.
Public Works Director Raul Rojas provided a brief
update and introduced Engineering Services
Manager Jack LaRochelle who gave a computer
presentation and provided written material. Ron
Brummett, Kern COG, also provided additional
information.
Ag Land Preservation and Transfer Development
Rights.
Development Services Director Jack Hardisty
provided a brief update and introduced Planning
Director Stan Grady who gave a computer
presentation and provided written material.
Motion by Carson to adjourn to Closed Session at 5:50
p.m.
APPROVED
CLOSED SESSION
Conference with Legal Counsel- Pending Litigation
Significant exposure to Subdivision (b) of
Government Code Section 54956.9. This Closed
Session is authorized pursuant to Section
54956.9(b)(3)(C) of the Government Code. Claim of
Pedro Carlos, et al.
260
Bakersfield, California, October 20, 1999 - Page 2
CLOSED SESSION continued
Mayor Price announced settlement in accordance
with Government Code Sections 54956.95 and
54957.1, the following report out of closed session is
being authorized:
The dollar contribution to the settlement consists of:
$210,000 from the insurance company representing
The Fountain People; $50,000 from the insurance
company representing Neudeck; $250,000 from the
City of Bakersfield; and $40,000 from the Centennial
Celebration Foundation.
The City of Bakersfield has indemnified and will
contribute the $40,000 attributable to the Centennial
Celebration Foundation.
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of
Government Code Section 54956.9. City of
Bakersfield vs. U.S. Fire Insurance Company, et al.
Los Angeles Superior Court Case No. BC171941
ACTION TAKEN
NAT
Motion by DeMond to adjourn from Closed Session at
6:30 p.m.
APPROVED
REGULAR MEETING
INVOCATION by Councilmember Mike Maggard
PLEDGE OF ALLEGIANCE by Councilmember Randy Rowles
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles Sullivan,
Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected
on pages 1 and 2.
Bakersfield, California, October 20, 1999 - Page 3
261
PRESENTATIONS
Mayor Price presented a Proclamation to Gina
Hayden and Yvonne Morales, from San Joaquin
Community Hospital, proclaiming October 26, 1999
as "Walk Our Children to School Day".
City Manager Alan Tandy announced the Lakers will
play the Heat on Sunday.
Mayor Price introduced members of his Student
Advisory Council from local high schools: Stacy
Peeler, Bakersfield; Elisa Carroll, South; Emily
Arnold, Stockdale; Courtney Chalupa, West; Lindsey
Dale, Bakersfield Christian; Megan Bell, Garces; and
Andre Gonzales, East.
ACTION TAKEN
PUBLIC STATEMENTS
Barbara Harris spoke regarding hearing continuance,
item 9.c.
Sheryl Barbich spoke regarding Greater Bakersfield
Vision 2020.
The following spoke regarding annexations: Becky
Kaiser and Barbara J. Fields.
Angelo Haddad spoke regarding funding of relocation
of the Bob Elias Kern County Sports Hall of Fame to
Centennial Garden.
Stuart Baugher spoke regarding the Kern River
Freeway Grand Jury Report.
The following individuals spoke regarding Highways
58/46 funding: Brian Todd; Tony Lusich; Dale
Hawley; Holly Culhane and Roger Mclntosh.
Mayor Price recognized Shafter City Manager John Guinn
and Councilmember Cathy Prout.
262
Bakersfield, California, October 20, 1999- Page 4
APPOINTMENTS
One appointment to the Central District Development
Agency.
Motion by Carson to appoint Gil Anthony to the
Central District Development Agency, term
expiring April 22, 2001.
ACTION TAKEN
APPROVED
CONSENT CALENDAR
Minutes:
a. October 6, 1999 Council Meeting.
Payments:
Payments from September 25, to October 8, 1999 in
the amount of $4,721,290.42; and Self Insurance
payments from September 25, to October 8, 1999 in
the amount of $231,467.86.
Resolutions:
Resolution adding territory, Area 4-15, (Vista
Montana, East) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector. (Ward 3)
Resolution adding territory, Area 2-22, (Stockdale,
Buena Vista, SE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector. (Ward 4)
Resolution amending the official list of designated
speed zones, pursuant to Sections 22357 and 22358
of the California Vehicle Code and Chapter 10.24 of
the Bakersfield Municipal Code. (Wards 1,4)
Resolution approving the application for grant monies
for the Environmental Enhancement and Mitigation
Program under Section 164.56 of the Streets and
Highways Code for the Downtown Streetscape
Expansion Project.
RES 146-99
RES 147-99
RES 148-99
RES 149-99
Bakersfield, California, October 20, 1999 - Page 5
263
CONSENT CALENDAR continued
Agreements:
g. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements with
Kyle Carter Homes Inc. for Tract No. 5921,
Phase 2, located west of Calloway Drive,
south of Norris Road. (Ward 4)
Final Map and Improvement Agreements with
Castle & Cooke California Inc. for Tract No.
5827, Phase D, located south of Brimhall
Road, east of Jewetta Avenue. (Ward 4)
Final Map and Improvement Agreementwith
GSJB Development Inc. for Tract No. 5719,
Phase 2, located north of Krabs Road, west of
Fruitvale Avenue. (Ward 4)
Transportation Impact Fee Agreement with Syroli IV
for construction of a bridge over the Arvin-Edison
Canal at Monitor Street, south of Panama Lane,
associated with Tentative Tract 5941, in-lieu of paying
Transportation Impact Fees. (Ward 7)
Assignment of Deferred Compensation Plan
Agreement to National Deferred Compensation, Inc.
Agreements with the United States Department of the
interior, Bureau of Reclamation, Central Valley
Project, California. (Ward 4)
Contract and Grant of Easement for Coffee
Road.
Contract and Grant of Easement Access
Road and Bridge Across the Friant-Kem
Canal.
Amendment No. 1 to Agreement No. 98-97 with
Redevelopment Consultants for reimbursement of
$5,600 State mandated redevelopment project areas
filing fees. (Wards 1, 2)
Amendment No. 3 to Agreement No. 95-284 with
CMG Consulting, Inc. for the City's Flexible Spending
Account Plan (IRS Section 125).
ACTION TAKEN
AGR 99-252
AGR 99-253
AGR99-254
AGR99-255
ABS MAGGARD
ROWLES
AGR 99-256
AGR 99-257
AGR 99-258
ABS ROWLES
CON 99-259
DEED 5135
CON 99-260
DEED 5136
AGR 98-97(1)
AGR 95-284(3)
264
Bakersfield, California, October 20, 1999 - Page 6
CONSENT CALENDAR continued
m. Construct sidewalk at 212 Bliss Street. (Ward 1)
Agreement with Habitat for Humanity, 212
Bliss Street, to construct sidewalk and the
cost of construction to be placed on the
owner's property tax bill to be paid in three
equal payments of $176.25 over a three year
period.
Resolution directing the Public Works Director
to construct sidewalk at 212 Bliss Street,
confirming the assessment and authorizing
the collection of the assessment by the Kern
County Tax Collector.
Bids:
Award Contract to Air United Air Conditioning,
$117,600, for "replace chiller at Bakersfield Police
Station" Project. (Ward 2)
Award Contract to HPS Plumbing Services, Inc.,
$417,783 for construction of Kern River Diversion
Facilities, for the Water Resources Department. (ward
3)
Award Contract to American Tire Disposal,
Incorporated, $38,450 for removal and disposal of
waste tires and debris from 3400 Hale Street.
Increase award amount to Annual Contract No. 99-46
with San Joaquin Fence & Supply, $200,000 (a
$41,804 increase), for furnishing and installing
fencing around various City properties and canals.
Accept bids from M & M Computers, $49,235.26 &
RCA Computer Corporation, $1,630.20 for printers,
plotters and Baystack computer equipment, total
$50,865.46.
Miscellaneous:
Appropriate $10,000 Fund Balance to the Finance
Department Operating Budget within the Public
Financing Authority Operating Budget for Arbitrage
Rebate Analysis.
ACTION TAKEN
AGR 99-261
RES '150-99
CON 99-262
CON 99-263
CON 99-264
Bakersfield, California, October 20, 1999 - Page 7
265
CONSENT CALENDAR continued
Temporary Employee Agency Request for Proposal.
(Budget and Finance Committee recommends
proceeding with request for proposal)
Appropriate $199,377 AB 1661 State Subvention -
Educational Reimbursement Augmentation Fund
(ERAF) reimbursement to Council Contingency
account within the General Fund.
Transfer $25,000 from Council Contingency to the
Non-Departmental Operating Budget for a
contribution to Greater Bakersfield Vision 2020.
Transfer $25,000 to the Public Works Operating
Budget from Council Contingency for costs to
relocate the Bob Elias Kern County Sports Hall of
Fame to Centennial Garden.
Maggard announced abstention on Consent Calendar Item
g.2. due to source of income to former employer.
Rowles announced abstention on Consent Calendar Item
g.2. and j.1. and 2. due to source of income to former
employer.
Motion by Carson to adopt Consent Calendar Items a.
through w, with separate consideration of Item v.
Transfer $25,000 from Council Contingency to the
Non-Departmental Operating Budget for a
contribution to Greater Bakersfield Vision 2020.
Motion by DeMond to approve Consent Calendar ltem v.
HEARINGS
Resolution ordering the vacation of P Street between
Truxtun Avenue and 17~h Street and the easterly
portion of the alley west of O Street in Block 291.
(Ward 2)
Correspondence has been received from Phil and
Pam Ganong, Ganong Law Office, dated October 19,
1999 in opposition of the proposed vacation.
Hearing opened at 7:55 p.m.
The following individuals spoke in support of staff
recommendation: Tom Carosella and Don Judkins.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
APPROVED
NS CARSON
RES 151-99
266
Bakersfield, California, October 20, 1999 - Page 8
HEARINGS continued
a. Hearing closed 8:00 p.m.
DeMond requested staff talk with Mr. Ganong
regarding parking time limits.
Motion by DeMond to adopt the resolution.
ACTION TAKEN
APPROVED
Appeal by Jim Ward of the Board of Zoning
Adjustment's decision to deny drive-thru services for
a proposed restaurant pad along Coffee Road within
a neighborhood commercial center zoned
Neighborhood Commercial, located at 6045 Coffee
Road. (File #P99-0562) (Ward 4)
Rowles announced conflict due to source of income.
Hearing opened at 8:05 p.m.
Jim Ward spoke in support of staff recommendation.
Hearing closed at 8:06 p.m.
Motion by Couch to refer this item back to the
Board of Zoning Adjustment to review and
consider the new information being presented by
the applicant at the public hearing.
APPROVED
AB ROWLES
Resolution upholding the decision of the hearing
officer and denying the appeal by Robert Darnall
related to the removal of an 8x8x40 metal storage
container from 12700 Overton Street. (Ward 4)
Hearing opened at 8:06 p.m.
Barbara Harris representing Robert Darnall, spoke in
opposition of staff recommendation and requested a
continuance of the hearing.
The following individuals spoke in support of staff
recommendation: Robert Hartsock; Terry Binger; Jim
Hankinson, submitted pictures; Mary Christenson
representing property owner, submitted pictures;
Barry McMahan; and Vince Bangert.
Barbara Harris representing Robert Darnall spoke in
rebuttal in opposition.
RES 152-99
Bakersfield, California, October 20, 1999 - Page 9
267
HEARINGS continued
The following spoke in rebuttal in support: Robert
Hartsock; Mary Christenson; Vince Bangert and
Steve Moses.
Motion by Couch to uphold the decision of the
hearing officer declaring the use of a metal
storage container at 12700 Overton Street a
public nuisance and denying the appeal by
Robert Darnall and allowing Robert Darnall five
working days to remove the storage container.
Amended motion by Couch to uphold the
decision of the hearing officer declaring the use
of a metal storage container at 12700 Overton
Street a public nuisance and denying the appeal
by Robert Darnall and allowing Robert Darnall
(tenant) five working days to remove the storage
container; and instruct staff to do everything
possible not to encumber the homeowner with
the expense.
Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessments of
certain properties in the City of Bakersfield for which
structures have been secured against entry or for the
abatement of certain weeds, debris and waste matter.
(Wards 1, 2, 3, 4, 6, 7)
Hearing opened at 8:30 p.m.
William Morris spoke in opposition of staff
recommendation and submitted written material.
Hearing closed at 8:32 p.m.
Motion by Carson to adopt the resolution with the
continuance of No. 33. 5101 Marsha to the next
meeting.
Resolution ordering the vacation of the public street
right of way for Cormier Drive, Redbridge Way,
Southport Glen and Clairidge Court in Tract No. 5428.
(Ward 4)
Rowles announced conflict due to source of income.
Maggard announced conflict due to source of income
to former employer.
ACTION TAKEN
NAT
APPROVED
RES 153-99
APPROVED
RES 154-99
AGR 99-3~6 A-Y
268
Bakersfield, California, October 20, 1999 - Page 10
HEARINGS continued
e.
Hearing opened at 8:37 p.m.
Roger Mclntosh spoke in support
recommendation.
Hearing closed at 8:38 p.m.
Motion by Couch to adopt the resolution.
Mayor Price recessed the meeting at 8:45 p.m.
reconvened at 8:55 p.m.
of staff
and
ACTION TAKEN
APPROVED
AB MAGGARD
ROWLES
10. REPORTS
11.
DEFERRED BUSINESS
Ordinance amending Bakersfield Municipal Code
Sections 1.12.010 and 1.12.020 relating to Boundary
Legal Descriptions for Wards 1 and 2. (First reading
10/6/99)
Ordinance adding Section 12.56.065 of the
Bakersfield Municipal Code relating to Skate Parks.
(First reading 10/6/99) (Ward 2)
Ordinance authorizing an Amendment to the Contract
with the Board of Administration of the Public
Employees' Retirement System to provide Section
21574 (Fourth Level of 1959 Survivor Benefits) for
City employees. (First reading 9/22/99)
Ordinance amending Section 12.36.025 of the
Bakersfield Municipal Code relating to curb, gutter,
sidewalks, driveway approaches, connecting
pavement and canal fencing fees in cases of
economic hardship. (First reading 10/6/99)
Motion by Rowles to adopt Deferred Business
item a. through d.
CSA71 Agreement - Sewer Maintenance and
Sewage Transport, Treatment and Disposal for a
portion of County Service Area 71. (Ward 4)
ORD 3927
ORD 3928
ORD 3929
CON 99- 2 3 2
ORD 3930
APPROVED
AGR 99-266
Motion by Couch to approve the agreement. APPROVED
Bakersfield, California, October 20, 1999 - Page 11
269
12.
NEW BUSINESS
Ordinance amending Bakersfield Municipal Code
Section 1.12.040 by adding Annexation No. 402 to
Ward 4, located at the southeast corner of Jewetta
Avenue and Palm Avenue. (Ward 4)
Resolution calling for the Mayor's Primary Election,
Palm and O~ive Measures, Charter Amendment,
requesting consolidation with County of Kern, and
setting priorities for filing written Arguments.
Motion by Couch to adopt the resolution.
c. City Physician Agreements for physician services:
1. Agreement with W.B. Christiansen, M.D., Inc.
Agreement with Bakersfield Occupational
Medical Group.
3. Agreement with Southwest Urgent Care.
Maggard announced conflict due to source of income
to former employer.
Motion by Salvaggio to approve the agreements.
Funding priorities for State Route 58 and State Route
46.
Mayor Price recognized Assemblyman Dean Florez,
who gave a brief statement.
Couch requested Public Works Director Rojas
draft a letter requesting a written guarantee if the
City borrows from Highway 58, or if the alignment
is altered in any way, that the City can maintain
the 30 million allocated from the California
Transportation Commission and Cai Trans.
Motion by Couch to direct our Kern COG
representative to express the City of Bakersfield's
desire to cooperate with the other cities on the
COG Board and the County to make the best use
of the funds available in the most timely way
possible so all projects may move forward
quickly while protecting the City of Bakersfield's
claim to the eventual use of funds approved for
State Route 58, currently the Kern River Freeway,
or another appropriate alternative.
ACTION TAKEN
FR
RES 155-99
APPROVED
AGR 99-267
AGR 99-268
AGR 99-269
APPROVED
AB MAGGARD
FAILED
NS CARSON
DEMOND
MAGGARD
ROWLES
SULLIVAN
270
Bakersfield, California, October 20, 1999 - Page 12
13.
COUNCIL STATEMENTS
Salvaggio stated he appreciated the letter from Public Works
Director Rojas to Daphne Washington, Director of Kern
County Waste Management Department regarding universal
refuse collection in metropolitan and commented on the
timing of the letter.
Salvaggio stated he appreciates the quick response to his
request for a feasibility study for a 4-way stop at Monitor and
Panama.
Salvaggio urged the Building Department to continue to
communicate with Ron Lawrence regarding weed
abatement and clean-up along the railroad right-of-ways
in South Bakersfield, from Buena Vista Road to So.
Chester, and also include the area on Hughes Lane,
north of Brookhaven, south of Holiday Inn Express, and
requested updates as the work is done.
Salvaggio thanked Public Works for the road repairs on Ming
Avenue.
Couch submitted miscellaneous referrals.
DeMond requested Public Works Director Rojas inform
Councilmember Maggard regarding the Princeton Street
meeting.
DeMond thanked staff and Fire Chief Ron Fraze for the Fire
Department 60~h Anniversary Open House.
DeMond referred to staft the issue of Taco Bell replacing
the dead trees at their location at 23~ and 24~h Streets.
Sullivan congratulated Fire Chief Fraze for Fire Department's
60~h Anniversary Open House; Police Chief Matlock for his
department overview; and City Attorney Thiltgen for the
excellent job he is doing in representing the City.
Maggard referred to staff the issue of non-compliance by
Auburn Heights Apartments.
Rowles stated he will be faxing a letter to Chief Matlock from
a constituent who was victimized, for review and a response
back to him.
Rowles thanked Pubic Works staff for their assistance at
Rosewood.
ACTION TAKEN
Bakersfield, California, October 20, 1999 - Page 13
271
13. COUNCIL STATEMENTS continued
Rowles referred to staff a letter from the Downtown
Business Association Vision Committee requesting an
opportunity to meet with the Urban Development
Committee to discuss the Downtown Vision Effort, High
Speed Rail and Mag-Lev; Rowles scheduled a special
meeting on November 22, 1999 at 4:30 p.m. and also
requested staff communicate this information to the
DBA.
Rowles stated he will request an additional Kern COG packet
for staff to provide copies to all Councilmembers on a
monthly basis.
Rowles stated he received a letter from the Bakersfield City
School District regarding being a part of urban development
and downtown issues.
Rowles thanked everyone for their kind wishes on the birth of
their son.
Carson announced the public meetings of the Crime,
Weapons, Gang Violence and Community Relations Ad Hoc
Committee will be held on October 21, 1999 at 6:30 p.m. at
People's Missionary Baptist Church, 1451 Madison, facilitator
will be Councilmember Irma Carson; October 26, 1999 at
6:30 p.m., Greenfield Jr. High School, 1109 Pacheco Road,
facilitator will be Councilmember Pat DeMond; and November
9, 1999 at 6:30 p.m. at Bakersfield City School District
Auditorium, 1300 Baker Street, facilitator will be
Councilmember Mike Maggard.
ACTION TAKEN
14. ADJOURNMENT
Motion by Carson to adjourn at lO:20p, m.
M~ff'OR of the City'of Bakersfield, CA
(,~EST:
CITY CLERK and Ex Officio cl~f~./~f the
Council of the City of Bakersfield-