HomeMy WebLinkAbout06/28/00 MINUTES CC5'7
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF ,JUNE 28, 2000
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch (seated at
5:21 p.m.), Rowles, Sullivan (seated at
5:22 p.m.), Salvaggio
None
ACTION TAKEN
2. WORKSHOP
a. Update of the Proposed FY 2000-200'1 Budget
Assistant to the City Manager Darnell Haynes
gave a computer presentation and submitted
written material.
Motion by Carson to add an item which arose after
the agenda was posted and requires action at this
meeting.
Metropolitan Bakersfield transpodation Systems
Study Workshop and Budget Action.
Engineering Services Manager Jack LaRochelle
gave a computer presentation.
APPROVED
AB MAGGARD
ROWLES
Motion by Carson to recess to Closed Session at
5:33 p.m.
APPROVED
CLOSED SESSION
Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Subdivision (a) of Government Code Section
54956.9; Torrance Kendricks vs. City of
Bakersfield, et al.; United States District Court,
Eastern District, Case No. CV-F-99-6761 SMS
Bakersfield, California, June 28, 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 vs U.S. Fire
Insurance Company, et al.; Los Angeles Superior
Court Case No. BC171941.
Motion by DeMond to adjourn from Closed Session
at 6:18 p.m,
APPROVED
REGULAR MEETING
INVOCATION by Chef Pannell, First Assembly of God
Church
2. PLEDGE OF ALLEGIANCE Councilmember Couch
3. ROLLCALL
Present: Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles,
Sullivan, Salvaggio
Absent: None
4. CLOSED SESSION ACTION
Mayor Price announced the City Council has agreed, by
a vote of 7 to 0, to accept a court sanctioned settlement
between the City of Bakersfield and Providence
Washington Insurance Company wherein Providence
Washington Insurance Company, within 30 days of
execution of the settlement document, will pay to the City
of Bakersfield $475,000 in exchange for dismissal, with
prejudice, of Providence Washington Insurance
Company from the underlying action, and a site release
of Providence Washington Insurance Company from
future liability and the duty to defend the circumstances
which gave rise to the litigation which is being settled.
Further, the City Council has agreed, by a vote of 7 to 0,
to accept an offer of settlement between the City of
Bakersfield and US Fire Insurance Company wherein
US Fire Insurance Company, within 30 days of execution
of the settlement document, will pay the City of
Bakersfield $175,000 in exchange for a dismissal of the
Bakersfield, California, June 28, 2000 -Page 3
CLOSED SESSION ACTION continued
ACTION TAKEN
appeal filed by the City of Bakersfield in the underlying
action, and a site release of US Fire Insurance Company
from future liability and the duty to defend the
circumstances which gave rise to the litigation which is
being settled.
159
PRESENTATIONS
Mayor Price presented a Proclamation 1:o Audrey
Chavez, Director of Bakersfield AIDS Project,
proclaiming June 21-28, 2000 as AIDS
Compassion and Testing Week.
PUBLIC STATEMENTS
a. The following individuals spoke regarding
Southeast Bakersfield Redevelopment Area:
Jonathan Webster and Hortencia Gonzalez.
b. Larry Mox[ey, representing Bakersfield Rotary
Club, spoke regarding Joshua Park.
APPOINTMENTS
One appointment to
Adjustment.
Motion by Carson
Christensen.
the Board of Zoning
to appoh~t Alan
APPROVED
CONSENT CALENDAR
Minutes:
a. June 14, 2000 Council Meeting.
Payments:
b. Payments from June 3, to June 16, 2(:)00 in the
amount of $7,086,310.59; and Self Insurance
payments from June 3, to June 16, 2000 in the
amount of $96,464.90
Bakersfield, California, June 28, 2000 -Page 4
CONSENT CALENDAR continued
Resolutions:
Sewer lift station at the northeast corner of Ming
Avenue and Grand Lakes Avenue: (Ward 4)
Resolution of Intention No. 1218 ordering
the vacation of the 20 foot wide sewer lift
station access easement at the northeast
corner of Ming Avenue and Grand Lakes
Avenue, in Lot 6, Tract No. 5877-D.
Improvement Agreement with Khalid
Abureyaleh for vacation of access
easement.
Resolution confirming assessment for sewer
connection fees and authorizing the collection of
assessments by the Kern County Tax Collector.
Agreements (4) with property owners to
pay sewer connection fee in installments
and notice of special assessment lien.
Resolution calling and giving notice of holding a
General Municipal Election for election of
Councilmembers for Wards 2, 5 & 6 and
requesting consolidation with the County of Kern
Statewide General Election to be held on
Tuesday, November 7, 2000.
Agreements:
Agreement with A-C Electric Company and The
Rotary Club of Bakersfield East for acquisition
and development of Joshua McMorris Memorial
Park.
Agreement with Kern County Waste
Management Department to pay commercial
refuse bin fees by the ton.
Agreement with the County of Kern for shared
costs of Operating Green and Wood Waste
Diversion Program.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
RES 70-00
AGRO~I~
AGRO¢I~
AGRO~I~
AGRO~166
RES 71-00
AGR 00-167
AGR 00-168
AGR 00-169
Bakersfield, California, June 28, 2000 -Page 5
CONSENT CALENDAR continued
Environmental Impact Report for General Plan
Amendment/Zone Change P00-0291: (Ward 4)
Agreement with Castle & Cooke
Commercial-CA, Inc., a California
Corporation for the preparation of an
Environmental Impact Report and
appropriate $76,886 developer's
contribution to the Development Services
Operating Budget in the General Fund.
Agreement with Michael Brandman
Associates, $57,666 to prepare an
Environmental impact Report for General
Plan Amendment/Zone Change P00-
0291, located along the north side of
Stockdale Highway, west of Calloway
Drive.
Bakersfield Station Lease Agreement with
National Railroad Passenger Corporation
(Amtrak) regarding the lease terms for the new
Amtrak Station. (Ward 2)
Consultant Agreements with Mclntosh &
Associates $125,000, and T.W. Collins
Associates, $125,000, to provide construction
inspection services for Capital Improvement
Program projects.
Amendment No. I to Agreement No. 99-44 with
John Q. Hammons Hotels Two L.P. to delete
City's responsibility to resurface the Holiday Inn
Select parking lot and pay the $27,000 set aside
for resurfacing the parking lot to the Holiday Inn
Select for their use in improvements to the
parking lot and landscaping. (Ward 2)
Bids:
Award Contract to Sessions Construction and
Demolition, $93,000 for the demolition of the
Bakersfield Inn restaurant building located at
1101 Union Avenue. (Ward 1)
ACTION TAKEN
AGR 00-170
AGR 00-171
AGR 00-172
AGR 00-173
AGR 00-174
AGR 99-44(1)
CON 00-175
Bakersfield, California, June 28, 2000 -Page 6
CONSENT CALENDAR continued
Award Annual Contract to Granite Construction
for HUD and CDBG funded installation or repair
of street surfaces within entitlement area, not to
exceed $324,404,44
Award Annual Contract to Jim Alfter Cement
Contractor for concrete construction, not to
exceed $1,623,545.
Award Annual Contracts to Waxie Sanitary
Supply, not to exceed $40,452.24; San Joaquin
Supply, not to exceed $17,488.13; and
Unisource Worldwide, not to exceed $7,356.02
for janitorial supplies, total $65,296.39
Award Contract to Valley Steel Construction
$55,004 for metal building gutter replacement,
City Corporation Yard Buildings C and D. (Ward 5)
Accept bid from Central Valley Truck Center
$143,224.87 for a 19 ton hydraulic crane
(replacement) for the Public Works Department.
Miscellaneous:
Appropriate $200,000 Fund Balance to the
Public Works Operating Budget within the Sewer
Enterprise Fund for unanticipated electricity
costs.
Investment Policy of the City. (Staff
recommends referral to Budget and Finance
Committee)
Rowles announced conflict on Consent Calendar Items
c. and i., due to source of income to previous employer.
Motion by Carson to adopt Consent Calendar Items
a. through s., with separate consideration of Items
c., o. and t.
ACTION TAKEN
CON 00-176
REMOVED FOR
SEPARATE
CONSIDERATION
CON 00-178
CON 00-179
CON 00-~80
CON 00-~81
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Bakersfield, California, June: 28, 2000 -Page 7 ~, 6 3
CONSENT CALENDAR continued
Sewer lift station at the northeast corner of Ming
Avenue and Grand Lakes Avenue: (Ward 4)
Resolution of Intention No. 1218 ordering
the vacation of the 20 foot wide sewer lift
station access easement at the northeast
corner of Ming Avenue and Grand Lakes
Avenue, in Lot 6, Tract No. 5877-D.
Improvement Agreement with Khalid
Abureyaleh for vacation of access
easement.
Motion by Couch to defer Consent Calendar
Item c. to the July 19, 2000 Council meeting
to allow all parties to meet and to obtain a
legal opinion from the City Attorney.
Award Annual Contract to Jim Alfter Cement
Contractor for concrete construction, not to
exceed $1,623,545.
6. PUBLIC STATEMENTS continued
The following individuals spoke in
support of Consent Calendar Item o.:
Jim AIfter, Cement Contractor and
Manual Monsibias, Business Manager
Labor Union Local 220.
Motion by Carson to defer Consent Calendar
Item o., to the next Council meeting to obtain
a legal opinion.
Substitute motion by Salvaggio to accept bid
and award contract to Iow bidder, Jim Alfter
Cement Contractor.
Salvaggio amended his substitute motion to
accept bid and award contract to Iow bidder,
Jim Alfter Cement Contractor, and instructed
staff to bid future contracts based on actual
amounts budgeted.
t. Investment Policy of the City.
Motion by Couch to refer to staff the review
of the investment policy, possibilities of
lO-year investments and percentage for
investing monies, and directed staff to
provide a recommendation back to Council.
ACTION TAKEN
APPROVED
ABS ROWLES
CON 00-177
NAT
NAT
APPROVED
NS CARSON
APPROVED
164
HEARINGS
a.
Bakersfield, California, June 28, 2000 -Page 8
Public Hearing to consider Government Code
Section 30061, Citizens Option for Public Safety,
regarding $500,000 Supplemental Law
Enforcement Services Funding for a Records
Management System.
Hearing opened at 8:20 p.m.
No one spoke at hearing.
Hearing closed at 8:21 p.m.
Motion by Carson to approve.
Public Hearing on proposed expenditures of the
Office of Criminal Justice Planning, California
Law Enforcement Technology Equipment
Purchase Program Grant, and appropriate
$192,200 grant monies to the Police Department
Operating Budget in the General Fund.
Hearing opened at 8:21p.m.
No one spoke at hearing,
Hearing closed at 8:21 p.m.
Motion by Salvaggio to conduct public
hearing on expenditure on CLETEP Program
Grant funds and approve appropriations.
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, 7)
Development Services Director Jack Hardisty
requested that Item No. 2, 321 So. Bliss Street
and Item No. 25. 530 Olive Street, be removed
from the assessment list.
ACTION TAKEN
APPROVED
APPROVED
RES 72-00
Hearing opened at 8:22 p.m.
Bakersfield, California, June 28, 2000 -Page 9
HEARINGS continued
The following individuals spoke in opposition of
staff recommendation: Daniel Carrillo, 201
Hoover Street and Oscar Rudnick, 1025 and
1029 E. Brundage Lane; and Richard Preston.
Hearing closed at 8:29 p.m.
DeMond requested staff remove 20'1 Hoover
Street property from the list of assessments.
Carson requested staff remove item Nos. 5. and
6. properties from the list of assessments.
Motion by DeMond to adopt the resolution
with the following properties removed from
the assessment list: Item No. 2. 321 So. Bliss
Street; No, 25. 530 Olive Street; No. 5. 1025 E.
Brundage Lane; No, 6, 1029 E. Brundage
Lane, and 201 Hoover Street deferred to the
next meeting.
Resolution confirming the report of lhe Chief
Code Enforcement Officer regarding
assessments of certain properties in the City of
Bakersfield for which dangerous buildings have
been demolished.
Development Services Director Jack Hardisty
requested 811 Casino Street be removed from
the assessment list.
Hearing opened at 8:31p.m.
No one spoke at hearing.
Hearing closed at 8:31p.m.
Motion by DeMond to adopt the resolution as
amended, removing 811 Casino Street from
the assessment list.
ACTION TAKEN
APPROVED
RES 73-00
APPROVED
165
166
Bakersfield, California, June 28, 2000 -Page 10
10.
HEARINGS continued
Resolution adopting fees pursuant to the Cost
Recovery System.
Hearing opened at 8:33 p.m.
No one spoke at hearing.
Hearing closed at 8:33 p.m.
Carson requested staff review the swimming
pool fees.
Motion by Carson to adopt the resolution.
Resolution approving the issuance of equipment
only purchase program notes by the California
Statewide Communities Development Authority
(TEFRA Hearing), not to exceed $1.6 million.
(Ward 1 )
Hearing opened at 8:34 p.m.
No one spoke at hearing.
Hearing closed at 8:34 p.m.
Motion by Carson to adopt the resolution.
Mayor Price recessed the meeting at 8:40 p.m.
and reconvened at 8:50 p.m.
REPORTS
Acceptance of Bakersfield Redevelopment
Agency Report No. RA2-00 regarding
Responses to Requests for Statements of
Interest; concurrence with execution of an
Exclusive Right to Negotiate Agreement with Ray
P. Olmscheid Development Company.
Rowles announced conflict due to source of
income to previous employer within the last 12
months.
6. PUBLIC STATEMENTS continued
Michael Abril, Borton, Petrini & Conron,
representing Sheila Vonderhaar, All
Seasons Air Conditioning, spoke
regarding eminent domain proceedings.
ACTION TAKEN
RES 74-00
APPROVED
RES 75-00
APPROVED
10.
Bakersfield, California, June 28, 2000 -Page 11
REPORTS continued
Dave Cross, representing H.W.
Lakeshore Pines, Joint Venture, spoke in
support of revitalization of the
redevelopment area.
Salvaggio requested staff respond to the
letter from Mr. Abril and to comments made
this evening.
Assistant City Manager Alan Christensen gave a
brief update and introduced Ray P. Olmscheid,
President of Ray P. Olmscheid Development
Company, who introduced the team of architects,
partners and tenants: Paul Crawford, Partner
with Ray P. OImscheid; Montezuma Esparza,
Maya Cinemas; Phil Fontes, C.B. Richards, Ellis;
Bob Lyons of Rossetti Architects; Joseph
Galardi, President California League; Jack
Patton, Bakersfield Blaze; Larry Steel and Shelly
Gartner, C.O.O. Hoop USA; a computer
presentation was given and written material
submitted.
Motion by Carson to: l) Accept report,
concur with execution of an Exclusive Right
to Negotiate Agreement with Ray P.
Olmscheid Development Company; 2) Direct
staff to work with the Bakersfield
Redevelopment Agency on a three-party
Disposition and Development Agreement; 3)
Direct staff to begin recruiting an
environmental consultant to assure the
following issues will be addressed: stadium
financing, property acquisition, parking, tax
increment, EIR, public input and community
involvement, affordable housing; time line;
and 4) Formation of a Joint City
Council/Bakersfield Redevelopment Agency
Ad Hoc Committee, consisting of
Councilmembers Carson, DeMond and Couch
along with three members of the Bakersfield
Redevelopment Agency to be appointed by
the Chairperson of the Bakersfield
Redevelopment Agency, at his discretion, for
the purpose of holding meetings, as deemed
necessary, to receive progress reports from
staff regarding the status of negotiations for
the Disposition and Development Agreement
with Ray Olmscheid Development.
ACTION TAKEN
APPROVED
ABS ROWLES
Bakersfield, California, June 28, 2000-Page 12
11.
DEFERRED 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-O zone; signs for
nonprofit organizations; and other general
ordinance cleanup items. (First reading 6/14/00)
Motion by Carson to adopt the ordinance.
Ordinance adding Chapter 2.62 of the
Bakersfield Municipal Code relating to the
creation of a Keep Bakersfield Beautiful
Committee. (First reading 6/14/00)
Motion by Carson to adopt the ordinance.
c. Fiscal Year 2000-01 Budget:
Resolution approving and adopting the
City of Bakersfield Operating and Capital
Improvement Budget as amended.
Resolution approving and adopting the
Operating and Capital Improvement
Budgets for the Bakersfield
Redevelopment Agency as amended.
3. Resolution establishing the City of
Bakersfield Appropriations Limit.
Maggard requested staff review the
possibility of more strategic planning in
Northeast Bakersfield.
DeMond requested staff include the new
redevelopment area in planning efforts.
Couch requested Development Services
Director Jack Hardisty report back to Council
regarding the costs involved in dedicating an
employee to long-term planning efforts.
Motion by Carson to adopt the resolutions as
amended including $200,000 for the
transportation study.
ACTION TAKEN
ORD 3964
APPROVED
ORD 3966
APPROVED
RES 76-00
RES 77-00
RES 78-00
APPROVED
Bakersfield, California, June 28, 2000 -Page 13
12.
NEW BUSINESS
Ordinance authorizing the City Councill to sit as
the Board of Directors of the Kern River Levee
District, approve the annual budget and
authorize the Water Board to review the
operations of the District and provide direction to
staff within budgetary guidelines.
Ordinance amending Title Seventeen of the
Bakersfield Municipal Code and Zone Map No.
102-33 by changing the zoning frorn Limited
Multiple-Family Dwelling zone to a One Family
Dwelling - Church zone on .98 acres, located on
the southwest corner of Quailwood Drive, north
of El Rio Drive (P00-0285) (Ward 5)
Amendment No. 2 to Agreement No. 85-142 with
the City of Los Angeles extending the time period
and lowering the cost of spreading effluent from
Wastewater Treatment Plant No. 3.
Motion by Carson to approve amendment.
Resolution supporting Assembly Bill 2495
(Ashburn) concerning local regulations of
biosolid imports.
Motion by Carson to adopt the resolution.
Request by Time Warner Cable for a 36-month
waiver of franchise fees related to Road Runner
Internet service.
6. PUBLIC STATEMENTS continued
L. Moxley spoke in opposition of staff
recommendation and submitted written
material.
Motion by Carson to refer to Legislative and
Litigation Committee for review.
ACTION TAKEN
FR
FR
AGR 85-142(2)
APPROVED
RES 79-00
APPROVED
APPROVED
NS MAGGARD
Amended motion by Carson to direct staff to
prepare a resolution in accordance with the
City Charter to bring about the change, for
Counc#'s review.
WITHDRAWN
170
Bakersfield, California, June 28, 2000 -Page 14
13.
COUNCIL STATEMENTS
Rowles stated he will be formally submitting his letter of
resignation as a member of the City Council to Mayor
Price, effective June 30, 2000. He thanked current and
previous Councilmembers, City staff, the citizens of
Ward 5, and friends and family.
Councilmember Salvaggio thanked Rowles for his seven
years of service to the City and wished him and his
family the best of luck.
Couch stated he appreciated Rowles expertise and
wished him well.
Couch referred to staff the issue of weed abatement
on the east side of Coffee Road, north of Granite
Falls.
Couch referred to Legislative and Litigation
Committee to review the issue of increasing the
penalties for littering.
Couch thanked Raul Rojas, Jack LaRochell, Marian
Shaw, and Greg Klimko for their assistance.
Couch referred to the Urban Development
Committee, the issue of completing arterials along
south Buena Vista Road and getting reimbursement
from developers at time of development.
Sullivan acknowledged Rowles parents in the audience
and expressed appreciation and best wishes to Rowles.
DeMond requested staff review the Traffic Impact
Fee Program and to be sure 24~h Street is listed.
DeMond wished Rowles well and stated she enjoyed
serving with him on the Council.
Maggard requested staff review the possibility of a
median alternative and related costs and contact him to
discuss this issue.
Maggard thanked staff for the stop sign at the corner of
Panorama and University.
Maggard thanked Rowles for showing him theway and
looks forward to working with him.
ACTION TAKEN
Bakersfield, California, June 28, 2000 -Page 15
13, COUNCIL STATEMENTS continued
Carson expressed appreciation to Rowles and wished
him well in his future.
Carson stated that upon receipt of Councilmember
Rowles letter of resignation she will appoint an ad hoc
committee consisting of Mayor Price, Vice-Mayor Carson
and Councilmember Maggard, to establish the process
for soliciting candidates for Interim Councilmember, to fill
the Ward 5 vacancy, and submit the selection process to
Council on July 19, 2000.
City Manager Alan Tandy thanked Rowles and stated his
sense of humor will be missed.
Mayor Price asked Rowles and his family to attend the
next Council meeting for a presentation. Mayor Price
stated Ward 5 and the City of Bakersfield were very
fortunate to have his dedication.
14. ADJOURNMENT
Motion by Carson to adjourn at 11:54 p.m.
MAYO~of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Cler}( ~ the
Council of the City of BakersfieldU/
ACTION TAKEN
APPROVED
171