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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