HomeMy WebLinkAbout06/14/00 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 14, 2000
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p,m. Regular Meeting - 7:00 p.m.
189
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard (seated at 5:20 p,m,)
Couch, Rowles, (seated at 5:22 p.m,)
Sullivan, (seated at 5:17 p.m.) Salvaggio
None
ACTION TAKEN
2. WORKSHOP
a. Hageman Flyover
Public Works Director Raul Rojas introduced
Engineering Services Manager Jack LaRochelle
who gave a computer presentation.
DeMond requested staff provide a report back
to Council regarding how much traffic could be
diverted from 24th Street if the 204 and Union
Avenue Flyover occurs.
b. Recreation and Parks Lifeguard Training.
Recreation and Parks Director Stan Ford gave a
video presentation,
Motion by Carson to recess to Closed Session at 5:55
p.m.
APPROVED
CLOSED SESSION
Conference with Legal Counsel Existing
Litigation; Closed Session pursuant to Subdivision
(a) of Government Code Section 54956.9; City of
Bakersfield vs. Angelina C. Morosa, etc., et al.;
Kern County Superior Court Case No. 231590
NFT
NAT
1 4 0
Bakersfield, California, June 14, 2000 - Page 2
CLOSED SESSION continued
ACTION TAKEN
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
NAT
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.
NAT
Motion by Couch to adjourn from Closed Session at
6:55 p.m.
APPROVED
REGULAR MEETING
INVOCATION by The Church of Jesus Christ of Latter-Day
Saints.
2. PLEDGE OF ALLEGIANCE Troop 266 Scout.
3, ROLLCALL
Present: Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles,
Sullivan, Salvaggio
Absent: None
CLOSED SESSION ACTION
Mayor Price announced there was no Closed Session
action taken as reflected on pages 1 and 2,
PRESENTATIONS
Fire Chief Ron Fraze presented to Council six
Kenwood 4-channel VHF radios and six chargers
donated by Mr. Paul Poore of Communication
Enterprise, Inc.
Bakersfield, California, June 14, 2000 - Page 3
PRESENTATIONS continued
Recreation and Parks Director Start Ford
introduced Ron Rhinehart, Vice President of Jeff
Ellis and Associates, Inc., who presented the 1999
Silver National Aquatic Safety Award to
Recreation Supervisor Sally Ihmels.
Recreation and Parks Director Stan Ford of Keep
America Beautiful affiliate program, Keep
Bakersfield Beautiful, gave a presentation and
Councilmember Sullivan distributed written
material and introduced Leadership Bakersfield
Team #2 Members: Sharon Vejvoda, Shelley
Northrop, Steven Torigiani, Ted Beene, Patrick
Michaels, and Quon Louey.
Mayor Price and Councilmember Pat DeMond
presented a proclamation to Jessica Browning for
Community Service to the City of Bakersfield.
ACTION TAKEN
PUBLIC STATEMENTS
Pauline Larwood and John Fallgatter spoke
regarding Smart Growth Coalition of Kern County
regarding survey report and submitted written
material.
Maggard referred the survey report to the
Urban Development Committee for review and
a report back to Council.
Becky Kaiser spoke regarding flag day
responsibilities.
The following individuals spoke regarding
annexations: Barbara Fowler and Barbara Fields.
Rick Hewett, Tree Foundation of Kern, spoke
regarding tree enhancement strategy and
provided written material.
Maggard referred the tree enhancement
strategyto the Urban Development Committee
to discuss a comprehensive plan.
142
Bakersfield, California, June 14, 2000 - Page 4
PUBLIC STATEMENTS continued
Ricky Peterson spoke regarding CDBG funding for
Southeast Bakersfield Project Area street lighting.
Carson referred CDBG funding for street
lighting to the Budget and Finance Committee.
f. Barbara Harris spoke regarding economic
concerns.
g. Stephanie Campbell thanked staff for
redevelopment efforts in Downtown Bakersfield.
The following individuals spoke regarding median
improvements and street repairs in the Northeast
area: Shirley Walston and Duncan Low.
Maggard requested staff explore alternatives
to minimum landscape median standards
which would be less expensive.
Salvaggio requested staff provide copies of
the minimum landscape policy and
background information to Shirley' Walston
and Duncan Low.
Salvaggio requested staff review the status of
repairs for Christmas Tree Lane and inform
Shirley Walstron and Duncan Low.
ACTION TAKEN
APPOINTMENTS
a. One appointment to the Board of Building Appeals.
Motion by Carson to appoint John Dovichi to
the Board of Building Appeals.
b. One appointment to the Handicapped Access
Appeals Board.
Motion by Carson to appoint Brad Hudiburg to
the Handicapped access Appeals Board.
APPROVED
APPROVED
Bakersfield, California, June 14, 2000 - Page 5
CONSENTCALENDAR
Minutes:
Budget Hearings of May 15, and May 22, 2000
and regular Council Meeting of May 24, 2000.
Payments:
Payments from May 13, to June 2, 2000 in the
amount of $7,307,288.50; and Self Insurance
payments from May 13, to June 2, 2000 in the
amount of $132,541.13
Resolutions:
Additional Suites at the Centennial Garden Arena:
(Ward 2)
Resolution determining that seating for
three additional suites at the Centennial
Garden Arena cannot be reasonably
obtained through usual bidding procedures
and authorizing the Finance Director to
dispense with bidding, not to exceed
$6,950 in aggregate total.
Authorize the Finance Director to deviate
with usual bidding procedures for
cabinets, shelves, door frames, doors and
window walls for 3 additional suites at the
Centennial Garden Arena, not to exceed
$40,050 in aggregate total.
Resolution determining that airplane for use by the
Police Department for ground operation
investigations cannot be obtained through the
usual bidding procedures and authorizing the
Finance Director to dispense with bidding, not to
exceed $162,805.
Resolution authorizing deferral of assessment for
Roy Degeer on parcel within City of Bakersfield
Assessment District No. 91-1 (Hosking Trunk
Sewer). (Ward 7)
Resolution adopting the Master Plan for the City of
Bakersfield Department of Recreation and Parks
for 2000-2005.
ACTION TAKEN
RES 54-00
AGR 00-161
AGR 00-'162
RES 55-00
RES5~O0
REMOVED FOR
SEPARATE
CONSIDERATION
144
Bakersfield, California, June 14, 2000 - Page 6
CONSENT CALENDAR continued
Resolution authorizing Mayor-Elect Harvey Hall to
attend League of California Cities 2000 Mayors
and Council Members Executive Forum from July
26 through July 29, 2000.
Resolution requesting State of California financial
support in capping the Bakersfield Sanitary
Landfill.
Amendment No. 2 to Resolution No. 101-99
approving and adopting the City of Bakersfield
Operating and Capital improvement Budgets for
Fiscal Year 1999-00 to incorporate previous
budget actions approved by the City Council.
Amendment No. 4 to Resolution No. 66-99
approving Memorandum of Understanding for
employees of the Blue and White Collar Units and
adopting salary schedule and related benefits.
1. New Job Specification: Program
Coordinator.
Agreements:
k. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement
with Coleman Homes, Inc. for Tract 5920,
Unit 5, located north of Olive Drive, west of
Coffee Road. (Ward 4)
Final Map and Improvement Agreement
with Coleman Homes, Inc. for Tract 5920,
Unit 6, located north of Olive Drive, west of
Coffee Road. (Ward 4)
Final Map and Improvement Agreements
with Fruitvale Properties LLC by Curci-
Turner Company for Tract 5943, located
north of Hageman Road, west of
Riverlakes Drive. (Ward 4)
ACTION TAKEN
RES 58-00
RES 59-00
REMOVED FOR
SEPARATE
CONSIDERATION
RES 66-99(4)
AGR 00-148
AGR 00-149
AGR 00-150
AGR 00-151
I. Agreement with the Bakersfield City School District AGR 00-152
for mutual use of facilities.
Bakersfield, California, June 14, 2000 - Page 7
CONSENT CALENDAR continued
Metropolitan Bakersfield Transportation Systems
Study:
Memorandum of Agreement with Kern
Council of Governments for the City of
Bakersfield to provide Technical oversight
of the Metropolitan Bakersfield
Transportation Systems Study.
Appropriate $100,000 Kern COG
reimbursement to the Capital Improvement
Budget within the Gas Tax Fund.
Amendment No. 1 to Agreement No. 98-257,
$3,863.08 for Bakersfield Senior Citizens Center
roof replacement at 530 4th Street. (Ward 1)
Amendment No. I to Agreement No. 98-258
between Ogden entertainment, Inc., Cai State
Bakersfield Foundation and the City of Bakersfield
regarding additional suite revenue distribution.
Amendment No. 3 to Agreement No. 97-200 for
$60,000 with Kern Economic Development
Corporation for Economic Development in Kern
County.
Amendment No. 4 to Agreement No. 97-140 with
Tiburon, Inc. regarding software maintenance
services for City's Computer Aided Dispatch and
Records Management Systems for $38,199.
Resurfacing various local streets 1999/2000,
Phases 1 and 2:
Contract Change Order No. 2,
$147,895.58, to Agreement No. 99-201
with Granite Construction Company for the
resurfacing various local streets
1999/2000, Phase 1.
Contract Change Order No. 1,
$180,020.60 Agreement No. 99-202 with
Granite Construction Company for the
resurfacing various local streets
1999/2000, Phase 2.
ACTION TAKEN
AGR 00-153
AGR 98-257(1)
AGR 98-258(I)
AGR 97-200(3)
AGR 97-140(4)
1¢5
146
Bakersfield, California, June 14, 2000 - Page 8
CONSENT CALENDAR continued
Determination that the Proposed Exclusive
Negotiation Agreement for a project along
California Avenue, between M and S Streets is
exempt from the provisions of CEQA. (Wards 1,2)
Bids:
Award Annual Contract to Wilbur Ellis Company
for chemical insecticide and herbicides for the
Parks and Water Divisions, not to exceed
$162,154.
Award Contract to A. C. Electric Co., $74,978 for
a traffic signal and lighting system installation on
California Avenue at Owens Street. (Ward 1)
Award Contract to Loop Electric Company,
$81,320.40 for traffic signal and lighting system
installation on Wible Road at Harris Road. (Ward 7)
Award Contract to Selectron, Inc. in the amount of
$70,000 for the implementation of an Interactive
Voice Response System for the Building Division.
Reconstruct Sanitary Sewer Manholes at Brimhall
Road - Windsong Drive to 700 feet west of Coffee
Road: (Ward 4)
Award Contract to Scales Construction,
Inc., $137,987.98.
Appropriate $162,000 fund balance to the
Capital Improvement Budget within the
Sewer Enterprise Fund.
Accept bid from Quinn Company of Bakersfield,
$163,501.55 for a replacement motor grader for
the Streets Division.
Accept bid from South Coast Fire Equipment,
Incorporated, $1,000,089 for three replacement
fire pumpers for the Fire Department.
aa.
Accept bid from Central Valley Truck Center,
$390,483.31 for three replacement refuse trucks
for the public Works Department.
ACTION TAKEN
CON 00-154
REMOVED FOR
SEPARATE
CONSIDERATION
CON 00-156
ABS MAGGARD
CON 00-157
CON 00-158
bb. Reject the bid for Lake Street reconstruction from
Robinson Street to Williams Street. (Ward 2)
Bakersfield, California, June 14, 2000 - Page 9
CONSENT CALENDAR continued
Miscellaneous:
CC.
Appropriate $15,900 contributions from several
local businesses to the General Services
Operating Budget within the General Fund for anti-
graffiti educational and promotional activities.
dd.
Development of Funding Plan for the Bakersfield
Landfill Closure Project
ACTION TAKEN
REFERRED TO
BUDGET AND FINANCE
COMMITTEE
ee,
Approve Sublease between Kern Refuse Disposal,
Inc. and Metropolitan Recycling Corporation of the
Recycling Facility Ground Lease and Landlord's
Estoppel Agreement.
Acceptance of six Kenwood 4-channel VHF radios
and six chargers for the Fire Department
Chaplaincy Program donated by Mr. Paul Poore of
Communications Enterprise Inc.
Maggard announced conflict on Consent Calendar
Items u. and v., due to source of income
Motion by Carson to adopt Consent Calendar
Items a. through ff., with minor correction to
Item k.1. and separate consideration of Items
f., i., s., and u.
Resolution adopting the Master Plan for the City of
Bakersfield Department of Recreation and Parks
for 2000-2005.
Motion by Carson to adopt Consent Calendar
Item f. and refer items in the Master Plan
regarding Fees for use of community centers
within the City of Bakersfield and Pool Fees to
the Community Services Committee for review.
Amendment No. 2 to Resolution No. 101-99
approving and adopting the City of Bakersfield
Operating and Capital Improvement Budgets for
Fiscal Year 1999-00 to incorporate previous
budget actions approved by the City Council.
Motion by DeMond to refer Consent Calendar
Item £ to the Budget and Finance Committee
for review.
AGR 00-160
APPROVED
RES5~O0
APPROVED
APPROVED
Bakersfield, California, June 14, 2000 - Page 10
CONSENT CALENDAR continued
Determination that the Proposed Exclusive
Negotiation Agreement for a project along
California Avenue, between M and S Streets is
exempt from the provisions of CEQA. (Wards 1,2}
Salvaggio requested staff review the Council's
power of eminent domain,
Motion by Carson to approve Consent
Calendar Item s.
ACTION TAKEN
APPROVED
Award Contract to A. C. Electric Co., $74,978 for
a traffic signal and lighting system installation on
California Avenue at Owens Street. (Ward 1)
Motion by Carson to adopt Consent Calendar
Item u.
Mayor Price recessed the meeting at 8:50 p.m. and
reconvened at 8:57 p.m.
CON 00-155
APPROVED
ABS MAGGARD
HEARINGS
DeMond requested to move Hearing Item h.
forward on the agenda.
Public hearing to determine whether the public
interest and necessity require acquisition by
eminent domain of property located at 1426 P
Street, Bakersfield, California, for parking for the
Centennial Garden Arena/Convention Center
(Code of Civil Procedure Section 1245.230, et
seq.) (Ward 2)
City Clerk McCarthy announced correspondence
from Thomas C. Fallgatter, representing Gerald
and Janice Lucas, dated May 19, 2000 expressing
concerns regarding the necessity 1:o acquire
property located at 1426 P Street.
Hearing opened at 8:50 p.m.
Hearing opened at 8:58 p.m.
Thomas Fallgatter reserved his comments to the
meeting July 19, 2000.
Motion by DeMond to continue hearing to
July 19, 2000.
APPROVED
Bakersfield, California, June 14, 2000 - Page 11
149
HEARINGS continued
Public Hearing to consider residential refuse rate
increase for Fiscal Year 2000/01 (1.1% proposed
rate increase).
City Clerk McCarthy announced 118 letters of
protest were received.
Hearing opened at 9:01 p.m.
Tonya Clark spoke in opposition of staff
recommendation.
DeMond submitted a letter in opposition from
Marilyn Maystrick for the record.
Hearing closed at 9:04 p.m.
Motion by Rowles to adopt the resolution.
ACTION TAKEN.
RES 60-00
APPROVED
Public Hearing to consider commercial refuse rate
increase for Fiscal Year 2000/01 (2.3% proposed
rate increase)
City Clerk McCarthy announced no letters of
protest have been received.
Hearing opened at 9:06 p.m.
The following individuals spoke in opposition of
staff recommendation: Michael Freedman and
Becky Kaiser.
City Clerk McCarthy announced Michael
Freedman submitted 55 petitions in opposition of
residential refuse rate increases, which are
duplicate of the protests already received and
counted.
Hearing closed at 9:09 p.m.
RES 61-00
Motion by Salvaggio to adopt the resolution. APPROVED
150
Bakersfield, California, June 14, 2000 - Page 12
HEARINGS continued
Protest hearing as required by Resolution of
Intention No. 1215 regarding the park landscaping
assessment for the Consolidated Maintenance
District; and Resolution approving and adopting
the Public Works Director's Report for the
Consolidated Maintenance District and the 2000 -
2001 Budget, confirming the park landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector
(no increase in rates).
City Clerk McCarthy announced onE; letter of
protest was received.
Hearing opened at 9:19 p.m.
No one spoke at hearing.
Hearing closed at 9:20 p.m.
Motion by DeMond to override protests and
adopt the resolution,
ACTION TAKEN
RES 62-00
APPROVED
Protest hearing as required by Resolution of
Intention No. 1216 regarding the street
landscaping assessments for the Consolidate
Maintenance District; and Resolution approving
and adopting the Public Works Director's Report
for the Consolidated Maintenance District and the
2000-2001 Budget, confirming the street
landscaping assessments and authorizing
collection of assessments by the Kern County Tax
Collector (no increase in rates)
City Clerk McCarthy announced two letters of
protest were received.
Hearing opened at 9:21p.m.
Eric Triguerro expressed concerns regarding
landscaping in his area.
Hearing closed at 9:24 p.m.
Couch requested staff meet with Eric Triguerro
regarding developers landscaping
responsibilities.
RES 63-00
Bakersfield, California, June 14, 2000 - Page 13
HEARINGS continued
d. Motion by Couch to override protests and
adopt the resolution.
ACTION TAKEN
APPROVED
Public hearing as required by Resolution of
Intention No. 1217 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 2000/2001 Budgets,
confirming the assessments and authorizing
collection of assessments by the Kern County Tax
Collector. (Ward 4)
Hearing opened at 9:27 p.m.
No one spoke at hearing.
Hearing closed at 9:27 p.m.
Motion by Couch to override protests and
adopt the resolution.
RES 64-00
APPROVED
Hearing to consider a resolution establishing
sewer service user charges for Fiscal Year
2000/01 (1.8% proposed rate increase).
Hearing opened at 9:28 p.m.
No one spoke at hearing.
Hearing closed at 9:28 p.m.
Motion by Carson to adopt the resolution.
RES 65-00
APPROVED
Bakersfield, California, June 14, 2000 - Page 14
HEARINGS continued
Protest hearing for proposed Assessment District
No. 99-2 (Seven Oaks West): (Ward 4)
Resolution approving Final Fngineer's
Report, levying assessments, ordering
improvements, and authorizing and
directing relating actions.
2. Resolution determining assessments
remaining unpaid.
3. Resolution authorizing Issuance, of Bonds.
Resolution approving Form and ',Substance
of Preliminary Official Statement and Bond
Purchase Contract, authorizing
modifications, authorizing execution
thereof and authorizing related documents
and actions.
Rowles announced conflict of interest due to
source of income to former employer.
Hearing opened at 9:30 p.m.
No one spoke at hearing.
Hearing closed at 9:30 p.m.
Motion by Couch to override protests and
adopt the resolutions.
ACTION TAKEN
RES6~O0
RES 67-00
RES 68-00
RES 69-00
AGR 00-159
APPROVED
AB ROWLES
Public Hearing for the Fiscal Year 2000-01
Operating, Bakersfield Redevelopment Agency
and Capital Improvement Program Budgets.
Hearing opened at 9:32 p.m.
Renee Nelson made comments.
Hearing closed at 9:37 p.m.
NAT
10. REPORTS
None.
11.
Bakersfield, California, June 14, 2000 - Page 15
DEFERRED BUSINESS
Ordinance amending Section 17.55.030 of the
Bakersfield Municipal Code relating to oil and gas
uses within specific plan lines. (ZC No. P98-0760)
(First reading 5/24/00) (Ward 1)
Motion by Carson to adopt the ordinance.
ACTION TAKEN
ORD 3963
APPROVED
12.
NEW BUSINESS
Ordinance adding, amending and rescinding
various sections of Title 17 of the Bakersfield
Municipal Code pertaining to families, daycare
homes, and residential facilities in residential
zones; accessory buildings; wall and landscaping
separations; churches in the C-0 Zone; signs for
nonprofit organizations; and other general
ordinance cleanup items.
Ordinance adding Chapter 2.62 of the Bakersfield
Municipal Code relating to the creation of a Keep
Bakersfield Beautiful Committee.
Conduct public meeting for proposed User Fees
pursuant to the Cost Recovery System.
Public meeting held, no one spoke. City Council
will conduct the required public hearing on
June 28, 2000.
FR
FR
13.
COUNCILSTATEMENTS
Mayor Price stated he will be sending a letter to the
League of California Cities in opposition of dumping of
sludge from other areas in Kern County.
Rowles made comments regarding assessment district
noticing.
DeMond referred the issue of walls in residential
areas to the Planning Commission for review.
DeMond requested the Community Services
Committee forward information regarding trees and
regulations to Urban Development Committee to be
incorporated into deliberations.
154
Bakersfield, California, June 14, 2000 - Page 16
13.
COUNCIL STATEMENTS continued
DeMond requested staff provide her with the
provisions that are being taken in the present budget
calculations for 2000/01 regarding labor negotiations.
DeMond submitted to Assistant City Manager
Christensen material from Mr. Free and requested a
response back to him,
DeMond stated James Franklin, at-large representative
from other cities in Kern County, adamantly stated at the
Solid Waste Management meeting that the other cities still
support mandatory universal collection of service in their
areas, DeMond stated the hearing will be heard at the
same time the Borba Dairy for the County of Kern.
Maggard thanked City Manager Alan Tandy for his efforts
regarding the airport and the airpark.
Maggard requested staff review and provide a report
back to Council regarding the Firefighters retirement
3% at 50 package.
Maggard requested Development Services Director
Jack Hardisty contact him to discuss the issue of
halfway houses in residences in his ward.
Couch stated he supports Mayor Price's request regarding
a letter to Assemblyman Asburn regarding sludge from
other cities.
Couch requested Assistant City Manager John
Stinson provide an update on the tree ordinance.
Couch thanked the Mayor and staff for the letter to
assemblymen and senators regarding railroad crossings.
Couch submitted a CalTrans name and number to
staff to contact regarding funding sources for railroad
crossings; he also submitted miscellaneous referrals.
Sullivan made comments regarding assessments.
Sullivan thanked staff for returning her calls and
responding to her referrals efficiently.
Sullivan referred to staff the issue of trash and debris
at the former Builders Square building on Ming
Avenue and Akers Road,
ACTION TAKEN
Bakersfield, California, June 14, 2000 - Page 17
13.
COUNCIL STATEMENTS continued
Salvaggio requested staff provide him with a report
on the plans for resurfacing Planz Road, between
Hughes and Wible Road.
Salvaggio thanked Solid Waste Director Kevin Barnes for
taking care of the garbage collection problem.
Salvaggio requested Police Chief Matlock provide
traffic over site on speeding on Mesa Grande,
between Planz and White Lane.
DeMond requested Assistant to the City Manager
Darnell Haynes contact the members of the Budget
and Finance Committee to schedule the next meeting.
Carson requested staff schedule a meeting for a
community meeting with Economic Development
Department to review CDBG funding and
Redevelopment impact.
Carson requested City Manager Tandy schedule a
meeting to discuss and develop an aggressive plan
for revitalization.
Carson requested staff provide the park fees balance
for each ward and how those funds can be used.
ACTION TAKEN
155
14. ADJOURNMENT
Motion by Carson to adjourn at 10:06 p.m.
c'¢VIAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Cler/f~/of the
Council of the City of Bakersfield'
APPROVED