HomeMy WebLinkAbout11/17/99 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 17, 1999
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
289
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard (seated at 5:20 p.m.),
Couch (seated at 6:00 p.m.), Rowles (seated
at 6:00 p.m.) Sullivan (seated at 5:23 p.m.),
Salvaggio
None
ACTION TAKEN
2. WORKSHOP
a. Anti-Graffiti Program Update.
Public Works Director Raul Rojas introduced General
Services Superintendent Brad Underwood who
introduced Graffiti staff and gave a computer
presentation and a two minute video. He also
introduced former City employee, Myra McArthur,
who implemented the Graffiti Program.
First Night® Presentation
Economic Development Director Jake Wager
provided a brief update and introduced Development
Associate Jan Fulton who gave an oral presentation
and introduced "William the Juggler" who gave a
demonstration.
Meadows FieLd Airport Terminal Expansion Update
Ray Bishop, Director of Kern County Airports, gave
an oral presentation and displayed posters.
Motion by Carson to recess to Closed Session at
5:55 p.m.
APPROVED
AB COUCH
ROWLES
,290
Bakersfield, California, November 17, 1999 - Page 2
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to Subdivision (a) of
Government Code Section 54956.9; Ruby Rodriguez
vs. City of Bakersfield, et al.; Kern County Superior
Court Case No. 238531 SPC
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to Subdivision (a) of
Government Code Section 54956.9; Venus Trigueiro,
individually and as Guardian Ad Litem of Kevin
Trigueiro and Kyla Trigueiro, minors vs City of
Bakersfield, et al.; Kern County Superior Court Case
No. 239386 SPC.
Motion by Rowles to adjourn from Closed
Session at 6:18 p.m.
ACTION TAKEN
NAT
NAT
APPROVED
REGULAR MEETING
INVOCATION by Renee Reyes, President of the Church of
Jesus Christ of Latter-Day Saints.
2. PLEDGE OF ALLEGIANCE by Councilmember Pat DeMond
3. ROLLCALL
Present: Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles Sullivan,
Salvaggio
Absent: None
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected
on Page 2.
PRESENTATIONS
Recreation and Parks Director Stan Ford presented
to Management Information Services (MIS) and
Programmer/Analyst Joy Collier, two National Awards
received for Communication, for the Best Program
Brochure and the Web Site, electronic version of the
brochure.
Bakersfield, California, November 17, 1999 - Page 3
291
PUBLIC STATEMENTS
a. Douglas H. Lassley spoke regarding Official Wodd
AIDS Day Activities for Kern County.
b. The following individuals spoke regarding
annexations: Barbara J. Fields and Becky Kaiser.
ACTION TAKEN
APPOINTMENTS
a. One appointment to the Board of Zoning Adjustment.
Motion by Salvaggio to reappoint Dennis Fidler to
the Board of Zoning, term expiring December I,
200Z
APPROVED
CONSENT CALENDAR
Minutes:
a. November 3, 1999 Council Meeting.
Payments:
Payments from October 23, to November 5, 1999 in
the amount of $3,757,109.42; and Self Insurance
payments from October 23, to November 5, 1999 in
the amount of $390,154.06.
Ordinances:
Ordinance adding Sections 10.32.150 and 10.32.160
to the Bakersfield Municipal Code and deleting
Section 10.56.080(E) relating to parking of vehicles
for purposes of sale and parking vehicles on unpaved
surfaces,
Resolutions:
Resolution of Intention No. 1209 ordering the
vacation of public street right of way for Ramsgate
Way, Eagle Crest Drive and Princeville Court in Tract
No. 5291 for conversion to a gated community. (Ward
4)
REFERRED TO URBAN
DEVELOPMENT
COMMITTEE
R011209
ABS ROWLES
Bakersfield, California, November 17, 1999 - Page 4
CONSENT CALENDAR continued
Resolution approving the application for funds for the
Forestry Grant Program as provided through the
California Trees for the Millennium Initiative funded
through the Forest Resource Improvement Fund for
replacement of trees in City parks.
Resolution adding territory, Area 2-16 (Wible, Prairie)
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
?)
Resolution approving City Annexation No. 404,
Proceeding No. 1262, located at the southwest corner
of Brimhall Road and Calloway Drive. (Brimhall No. 6)
(Ward 4)
Indemnity Agreement with LAFCO for City
Annexation No. 404, Proceeding No. 1262,
located at the southwest corner of Brimhall
Road and Calloway Drive.
Resolution amending Resolution No. 155-99
regarding setting priorities for filing written arguments
and rebuttals regarding City Measures for the Special
Municipal Election to be held on Tuesday, March 7,
2000.
Agreements:
i. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract No.
5827, Phase E, located east of Jewetta
Avenue, south of Brimhall Road. (Ward 4)
Final Map and I mprovementAgreements with
Castle & Cooke California Inc. for Tract No.
5822, Phase A, located west of Mountain
Vista Drive, north of White Lane. (Ward 4)
Final Map and Improvement Agreements with
Castle & Cooke California Inc. for Tract No.
5822, Phase B, located west of Mountain
Vista Drive, north of White Lane. (Ward 4)
ACTION TAKEN
RES 167-99
RES 168-99
RES 169-99
AGR 99-286
REMOVED FOR
SEPARATE
CONSIDERATION
AGR99-287
ABSMAGGARD
ROWLES
AGR99-288
AGR99-289
ABS MAGGARD
ROWLES
AGR99-290
AGR99-291
ABS MAGGARD
ROWLES
Bakersfield, California, November 17, 1999 - Page 5
295
CONSENT CALENDAR continued
Final Map and Improvement Agreements with
Castle & Cooke California Inc. for Tract No.
5822, Phase C, located west of Mountain
Vista Drive, north of White Lane. (Ward 4)
j. Agreements for services of Certified Court Reporters:
Sylvia Mendez & Associates, not to exceed
$100,000.
2. Wood & Randall, not to exceed $50,000.
License Agreement with Kern Water Bank Authority
for constructing and maintaining a turnout and
pipeline under the City-owned Kern River Canal
located in City's "2800 Acres," approximately 4.4
miles west of Buena Vista Road. (Ward 4)
License Agreement with Kern County Water Agency
for constructing and maintaining a pipeline under the
City-owned Kern River Canal and domestic water
interface line located approximately 2.8 miles west of
Buena Vista Road. (Outside City limits)
Agreement with Habitat for Humanity, $43,500 of
HOME Investment Partnership Program Funds to
assist in the construction of three Single-Family
homes. (Ward 1)
Agreement with San Joaquin Valley Railroad Co. for
the installation of concrete panels at the railroad
crossing on Ashe Road, not to exceed $32,646. (Ward
6)
Agreement with Research Network Ltd., $39,000 for
City Services Attitudes Survey.
Consultant's Agreement, $145,237 with Martin-
Mclntosh for engineering services for preparing a
Comprehensive Drainage Study of the Bakersfield
Downtown Area. (Wards 2, 5)
Amendment No. 1, $70,000 to Construction
Management Consultant Agreement No. 98-72 with
Kennedy/Jenks Consultants for additional
construction management services on the Alien Road
Sewer Trunk Line Project. (Ward 4)
ACTION TAKEN
AGR 99-292
AGR 99-293
ABS MAGGARD
ROWLES
AGR 99-294
AGR 99-295
AGR 99-296
AGR 99-297
AGR 99-298
AGR 99-299
AGR 99-300
AGR 99-301
ABS MAGGARD
AGR 98-72('1)
294
Bakersfield, California, November 17, 1999 - Page 6
CONSENT CALENDAR continued
r. 2000 Health Care Contracts:
Amendment No. 7 to Agreement No. 93-267
with Blue Cross (BC Life and Health
Insurance Company) for Indemnity Health
and dental services.
Amendment No. 6 to Agreement No. 93-266
with Blue Cross/California Care Health Plans
for medical services.
Amendment No. 3 to Agreement No. 96-149
with PacifiCare, Inc., for Medicare Risk
medical services.
Amendment No. 2 to Agreement No. 97-320
with Kaiser Foundation Health Plan for group
medical and hospital service for employees.
Amendment No. 2 to Agreement No. 97-321
with Kaiser Foundation Health Plan for group
medical and hospital service for retirees
(Kaiser Permanente Senior Advantage).
Amendment No. 8 to Agreement No. 91-280
with Dedicated Dental Systems, Inc., for
dental services.
Amendment No. 8 to Agreement No. 91-281
with Pacific Dental Benefits for dental
services.
Amendment No. 7 to Agreement No. 92-278
with Cai/Group Trust and Medical Eye
Services for vision services.
Amendment No. 3 to Agreement No. 96-148
with CaliforniaCare Health Plans for MediCare
Risk medical services.
s. Bakersfield Amtrak Station Project: (Ward 2)
Amendment No. 2 to Fund Transfer
Agreement No. 99-198 with the State of
California (75A0040) for funding of the new
Bakersfield Amtrak Station.
ACTION TAKEN
AGR 93-267(7)
AGR 93-266(6)
AGR 96-149(3)
AGR 97-320(2)
AGR 97-321(2)
AGR 91-280 (8)
AGR 91-281(8)
AGR 92-278(7)
AGR 96-148(3)
AGR 99.198(2)
Bakersfield, California, November 17, 1999 - Page 7
295
CONSENT CALENDAR continued
Appropriate $1,400,000 Proposition 116
Funds, $406,000 Congestion Mitigation and
Air Quality Funds and $280,000 contribution
to the Capital Improvement Budget within the
Amtrak Railway Fund.
Contract Change Order No. 7, $40,310,89 to
Agreement No. 97-335 with Kiewit Pacific
Construction Company for Wastewater treatment
Plant No. 2 Upgrade and Expansion Project for extra
work, time and materials. (Ward 1)
Bids:
u. Mohawk Sewer, Phase 1: (Ward 4)
Award Contract to Griffith Company,
$235,000 for constructing Mohawk Sewer,
Phase 1.
License Agreement with the United States
Department of the Interior, Bureau of
Reclamation, to allow City to construct sewer
line under the Friant-Kern Canal.
Award Contract to HPS Plumbing Services, Inc.
$1,999,484 for the Trunk Sewer replacement along
South Chester Avenue from Planz Road to El Sereno
Drive. (Ward 1)
Award Annual Contract to San Joaquin Fence &
Supply, not to exceed $542,645.50 to furnish and
install fencing around various City properties and
canals.
Award Contract to Heisler Landscape to provide play
equipment and provide and install rubber surfacing at
Wilson Park, not to exceed $58,162. (Ward 7)
Accept bids from Downtown Ford, $248,549.73; Villa
Ford, $55,031.14; and Lasher Auto Center,
$21,165.79; for Sedans and Vans (11 replacement
and 4 additional). Total $324,746.66.
Accept bids from Jim Burke Ford, $159,715.09;
Lasher Dodge/GMC, $130,968.34; and Three Way
Chevrolet, $t04,143.27; for Cab & Chassis and
Pickups for various departments (18 replacement and
2 additional). Total $394,826.70.
ACTION TAKEN
AGR 99-302
AGR 99-303
AGR 99-304
AGR 99-305
REMOVED FOR
SEPARATE
CONSIDERATION
296
Bakersfield, California, November 17, 1999 - Page 8
CONSENT CALENDAR continued
aa.
Accept bids from McCain Traffic Supply, $26,211.26;
Western Pacific Signal, $14,179.52; John C.
Henberger, Incorporated, $10,913.76; MiI-Lektron,
$3,753.75; Lingo Industrial Electronics, $2,878.92;
and Traffic Parts, Incorporated, $2,537.80; for traffic
signal equipment. Total $60,475.01.
bb.
Accept bid from Geographic Data Management
Solutions $29,790.83 for GIS software for various
departments (31 additional and 9 upgrades).
CC.
Accept bid from Toter, Incorporated $219,841.05 to
furnish and deliver 4,800 automated refuse and
greenwaste containers.
Miscellaneous:
dd.
Grant of Easement from the City of Bakersfield to
Pacific Gas & Electric to provide service to the new
Bakersfield Amtrak Station and to the Q Street
Underpass Project. (Ward 2)
ee.
Transfer $18,000 from Council Contingency to the
Non-Departmental Operating Budget within the
General Fund for prior years sales tax liability.
ff.
Review of Annual Report of the Central District
Development Agency.
Maggard announced conflict on Consent Calendar Items i.1.,
2., 3., 4., and p., due to source of income to former employer.
Rowles announced abstention on Consent Calendar Item d.,
i.1,2., 3. and 4, due to source of income to employer within
12 months.
Motion by Carson to adopt Consent Calendar Items a.
through ff. with separate consideration of Items h., x.,
and ee.
ACTION TAKEN
DEED 5144
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Resolution amending Resolution No. 155-99
regarding setting priorities for filing written arguments
and rebuttals regarding City Measures for the Special
Municipal Election to be held on Tuesday, March 7,
2000.
RES 155-99(1)
Motion by Couch to adopt Consent Calendar Item h. APPROVED
Bakersfield, California, November 17, 1999 - Page 9
297
CONSENT CALENDAR continued
x. Award Contract to Heisler Landscape to provide play
equipment and provide and install rubber surfacing at
Wilson Park, not to exceed $58,162. (Ward 7)
Motion by Salvaggio to adopt Consent Calendarltem x.
ACTION TAKEN
CON9~306
APPROVED
ee.
Transfer $18,000 from Council Contingency to the
Non-Departmental Operating Budget within the
General Fund for prior years sales tax liability.
Motion by Maggard to authorize payment of obligation in
full and charge the expenditure against the respective
departments' budget that benefitted from the equipment,
rather than the Council Contingency Fund.
APPROVED
NS SA L VA GGIO
HEARINGS
a. Resolution ordering the vacation of a 50 foot podion
of the abandoned vehicular access rights on the west
side of Ashe Road, southerly of Schirra Court. (Ward
6)
Public Works Director Raul Rojas provided a brief
update.
Hearing opened at 7:26 p.m.
No one spoke at hearing.
Hearing closed at 7:26 p.m.
Motion by Sullivan to adopt the resolution.
RES 170-99
APPROVED
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, 6)
Development Services Director Jack Hardisty
requested Item 1. 2717 Chester Avenue be removed
from the list, it has been paid.
Hearing opened at 7:27 p.m.
No one spoke at hearing.
RES 171-99
298
Bakersfield, California, November 17, 1999 - Page 10
HEARINGS continued
b. Hearing closed at 7:27 p.m.
Motion by Carson to adopt the resolution as
amended.
ACTION TAKEN
APPROVED
10.
REPORTS
Water Board Report No. 1-99 regarding the Kern
River Parkway Water Management Program with the
Kern County Water Agency to increase flows in Kern
River Parkway during the summer recreation season.
Kern River Parkway Water Management
Agreement.
Water Resources Manager Gene Bogart gave the
Report and an overhead presentation.
Henry C. Garnett, President of the Kern County
Water Agency Board of Directors, read a statement
regarding Execution of the Kern River Parkway Water
Management Agreement and provided a written copy,
which was placed on file in the City Clerk's Office.
Salvaggio thanked Staff, Kern County Water Agency
Board Members, Jim Beck, Gene Bogart, Steve
LaFond and General Manager Tom Clark.
Motion by Salvaggio to accept the report and
approve the agreement.
AGR 99-307
APPROVED
Mayor Priced recessed the meeting at 7:55 p.m and
reconvened at 8:00 p.m.
11.
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 102-20 by
changing the zoning from One Family Dwelling to
Regional Commercial on 10.80 acres, for property
located along the east side of Calloway Drive
between Seabeck Avenue and Rosedale Highway.
(ZC No. P99-0123) (First reading 10/20/99) (Ward 4)
ORD 3932
Motion by Couch to adopt the ordinance. APPROVED
Bakersfield, California, November 17, 1999 - Page 11
299
11.
DEFERRED BUSINESS continued
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 122-12 from
Limited Multiple Family Dwelling to One Family
Dwelling on 157.57 acres, for properly located south
of Ming Avenue, north of White Lane, west of Buena
Vista Road, east of South Allen Road, extended.
(GPA ZC P99-0431 ) (First reading 11/3/99) (Ward 4)
Rowles announced conflict on Deferred Business
Items b., c., e., f., and g. due to source of income.
Motion by Couch to adopt the ordinance.
ACTION TAKEN
ORD 3933
APPROVED
AB ROWLES
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 123-05 from
Professional and Administrative Office-Commercial to
Planned Commercial Development on 1~ 17 acres, for
property located at the southeast corner of Camino
Media and Haggin Oaks Boulevard. (ZC P99-0435)
(First reading 11/3/99) (Ward 4)
Motion by Couch to adopt the ordinance.
ORD 3934
APPROVED
NS DEMOND
AB ROWLES
Ordinance approving the Negative Declaration and
changing the zoning districts from the Casa Loma
Specific Plan designations to a similar City zoning
district located between East Brundage Lane on the
north, East Pacheco Road on the south, Mt. Vernon
Avenue on the east, and the majority of parcelswith
frontage lying on the west side of South Union
Avenue to the west. (ZC P99-0450) (First reading
11/3/99) (Wards 1, 7)
ORD 3935
Motion by Carson to adopt the ordinance. APPROVED
300
Bakersfield, California, November 17, 1999 o Page 12
11.
DEFERRED BUSINESS continued
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 102-20 by
changing the zoning from a Planned Commercial
Development zone to a Revised Planned Commercial
Development zone consisting of 127,500 square foot
building area on the 21.7 acres, located on the
northwest corner of Coffee Road and Granite Falls
Drive. (ZC No. P99-0515) (First reading 11/3/99)
(Ward 4)
Motion by Couch to adopt the ordinance.
ACTION TAKEN
ORD 3936
APPROVED
AB ROWLES
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 123-18 by
changing the zoning from One Family Dwelling zone
on 31.48 acres and Limited Multiple Family Dwelling
on 8.62 acres to a Planned Unit Development zone
on a total of 40.1 acres located on the southwest
corner of Old River Road and Campus Park Drive.
(ZC No. P99-0586) (First reading 11/3/99) (Ward 4)
Maggard announced a conflict on Deferred Business
Items f. and g.
Motion by Couch to adopt the ordinance.
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 123-18 by
changing the zoning of 18.53 acres located south of
Campus Park Drive, east of Mountain Vista Drive,
from a One Family Dwelling zone to a Planned Unit
Development zone. (ZC No. P99-0587) (Firstreading
11/3/99) (Ward 4)
Motion by Couch to adopt the ordinance.
ORD 3937
APPROVED
AB MAGGARD
ROWLES
ORD 3938
APPROVED
AB MAGGARD
ROWLES
Bakersfield, California, November 17, 1999 - Page 13
11.
DEFERRED BUSINESS continued
Ordinance amending Subsection B of Section
8.32.010, Subsection A of Section 8.32.040,
Subsection A of Section 8.32.050, Subsection D of
Section 8.32.060, Subsection G of Section 14.04.110
and Section 14.12.195 of the Bakersfield Municipal
Code relating to Cost Recovery. (First reading
11/3/99)
Motion by Carson to adopt the ordinance
ACTION TAKEN
ORD 3939
APPROVED
Agreement with Union Bank of California for Custody
of Investment Securities.
Motion by Couch to adopt the agreement and
refer to Budget and Finance Committee or staff to
review the most economical and easiest way for
staff to handle this.
AGR 99-308
APPROVED
12.
NEW BUSINESS
a. Ordinances relating to dogs:
Ordinance amending Bakersfield Municipal
Code Section 6.04 relating to Public Pound*
Dog Licenses.
Ordinance adding Chapter 6.05 to the
Bakersfield Municipal Code relating to Vicious
Dogs.
Ordinance adding Subsection F.8. to Section
17.60.100 of Title 17 of the Bakersfield Municipal
Code relating to retaining offsite directional signs.
Ordinance amending Chapters 17.04, 17.42, 17.44
and 17.62 relating to the administrative process for
reviewing surface mining and reclamation.
FR
FR
FR
FR
13.
COUNCIL STATEMENTS
Salvaggio acknowledged Harold Bergen in the audience.
302
Bakersfield, California, November 17, 1999 - Page 14
13.
COUNCIL STATEMENTS continued
Salvaggio requested City Manager Alan Tandy provide
him with two copies and also copies for the Council, of
the material provided by Water Resources Manager Gene
Bogart.
Salvaggio requested City Clerk Pam McCarthy provide
him with two copies of Henry C. Garnett, President, Kern
County Water Agency Board of Directors, statement.
Salvaggio referred to Development Services Director
Jack Hardisty and Building Director Dennis Fidler the
issue of the burned residence at 1009 Fairview, and
requested staff contact the Kern Mosquito Abatement
District regarding the rodent problem; also requested
staff review alternatives of having the property
demolished by the property owner or the City.
Salvaggio referred to Public Works Director Raul Rojas
the issue of chasms on Pacheco Road, between So. H
and Hughes Lane, for repair.
Salvaggio thanked Public Works Streets staff for working on
handicapped access ramps on the corner o[ Fremont and
Wilson Road.
DeMond referred to Public Works Director Raul Rojas the
issue of lack of cement pavings of railroad crossings at
Baker Street and other areas and requested he meet with
her to discuss these issues.
DeMond thanked Code Enforcement for resolving the issue
on Marsha Street.
DeMond stated at the Solid Waste Management meeting
representatives for all other incorporated cities indicated that
they have voted 100 percent to support universal collection
within the spheres and is hoping to see some resolution on
this within the greater metropolitan area.
DeMond stated there are still concerns regarding the dairies.
DeMond thanked Recreation and Parks Director Stan Ford
for scheduling Latin Jazz at Jefferson Park for next year.
ACTION TAKEN
Bakersfield, California, November 17, 1999 - Page 15
303
13.
COUNCIL STATEMENTS continued
DeMond stated she and the Mayor attended a High Speed
Rail meeting in Los Angeles and were allowed two minutes
to speak, but no comments on the corridor were allowed
even though it was on the agenda.
Couch asked questions regarding a letter from Vernon
Strong, staff responded.
Couch requested Public Works Director Raul Rojas meet
with him regarding a previous referral regarding traffic
impact fees.
Couch referred to Planning Department the issue of a
zone change, where Cai Trans has deleted an on-ramp
onto the proposed Kern River Freeway. Staff to bring
issue back to Council at the December t 5, ~ 999 meeting.
Couch provided a copy of an article titled "Dana Point
has gone to a paperless agenda packet" and asked staff
to review the possible savings options.
Couch requested Public Works Director Raul Rojas
discuss with him a Pacific Bell concern.
Maggard requested staff prepare a letter stating
Council's concerns regarding the close proximity to City
limits of the Borba Dairy to the County Board of
Supervisors.
Maggard referred to staff the issue of tracking
constituent concerns and the review of tracking
software, costs and use by others.
Carson wished everyone a Happy Thanksgiving.
Carson will submit written referrals to staff.
ACTION TAKEN
14. ADJOURNMENT
Motion by Carson to adjo-~trn at.~:~$ p.m.
M~-~(~3"'R of the City of Bakersfield, CA
(/~EST:
CITY CLERK and Ex Officio Cle~of the
Council of the City of Bakersfiel~v
APPROVED