HomeMy WebLinkAbout07/19/00 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 19, 2000
Council Chambers, City Hall, 1501 Truxtun Avenue
PrE;-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
173
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard (seated at 5:30), Couch,
Sullivan, Salvaggio
None.
ACTION TAKEN
2. WORKSHOP
a. Annexation Process Update.
Assistant City Manager Alan Christensen gave an
overview and introduced City Clerk Pam McCarthy
who gave a computer presentation.
b. Report on Citiz~;n Attitude Survey.
Assistant City Manager Alan Christensen gave a brief
computer presentation and introduced Pare
Woolridge, Research Network Unlimited, who
presented survE;y results.
Motion by Carson to recess to Closed Session at 5:50
p.m.
APPROVED
CLOSED SESSION
Conference witin Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of
Government Code Section 54956.9; Derek Tisinger
vs. City of Bak~;rsfield, et al.; Kern County Superior
Court Case No. 233578-SPC.
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to Subdivision (a)
of Government Code Section 54957.
Motion by DeMond to recess from Closed Session at
6:55 p.m.
APPROVED
Bakersfield, California, July 19, 2000 - Page 2
REGULAR MEETING
1. INVOCATION by Councilmember Maggard
2. PLEDGE OF ALLEGIANCE by Councilmember Maggard
3. ROLLCALL
Present: Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Sullivan,
Salvaggio
Absent: None.
ACTION TAKEN
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as follows:
Item 3.a. Council voted by a vote of five to one, authorized
the City Attorney, in the event motions already filed are
denied by the Superior Court, to file an appeal of the
judgment entered in the matter of Derek Tisinger vs. City of
Bakersfield et al.; Kern County Superior Court Case No.
233578-SPC; and Item 3.b. is continued to the end of the
regular Council meeting, see Page 14.
PRESENTATIONS
Mayor Price presented a clock to Randy Rowles for
dedicated sen/ice to the City of Bakersfield as
Councilmember of Ward 5.
Rowles accepted the clock and thanked the citizens
of Ward 5 and his family for their support.
Mayor Price announced Deferred Business Item d. has been
pulled from the agenda and will not be heard at this meeting.
PUBLIC STATEMENTS
The following individuals spoke regarding the use of
Community Development Block Grant funds: Renee
Nelson and Stanley Shires.
Tom Fallgetter spoke in opposition of Item 9.f. and
thanked Council and staff for their effort to try and
resolve this issue.
Bakersfield, California, July 19, 2000 - Page 3
PUBLIC STATEMENTS i:ontinued
Garth Milam spoke regarding spoke regarding the
Bakersfield Fire Department involvement in Kern
Critical Incident Response Team.
Couch requested staff draft a letter of support for
the Critical Incident Response Team.
Charles Haberkern spoke regarding installing a traffic
signal at Truxl:un and Truxtun Plaza West, and
submitted written petitions.
Carson referred the petitions to the Traffic
Division and requested a report back to Council
regarding the feasibility of a signal light.
The following individuals spoke regarding
annexations: Barbara Fowler and Barbara Fields.
The following individuals spoke in support of the
multi-purpose stadium: Sal Diaz and Phyllis Waldo.
Erica Hinojos spoke in support of the City Center
Project.
ACTION TAKEN
APPOINTMENTS
a. One appointment to the Fire Civil Service Board.
Ward I - Campbell
Ward 2 - Vetter
Ward 3 - Vetter
Ward 4 - Vetter
Ward 5 - vacant
Ward 6 - Vetter
Ward 7 o VetteE'
City Clerk McCarthy announced the individual
receiving the highest number of votes was Jeffrey M.
Vetter.
Mayor Price announced Jeffrey M. Vetter has
been appoint~;d to the Fire Civil Service Board,
term expiring December 31, 2001.
APPROVED
176
Bakarsfield, California, July 19, 2000- Page 4
CONSENT CALENDAR
Minutes:
a. June 28, 2000 Council Meeting.
Payments:
Payments from June 17, to July 7, 2000 in the
amount of $7,396,070.36; and Self Insurance
payments from June 17, to July 7, 2000 in the
amount of $546,680.76.
Resolutions:
Resolution determining that an ice floor cover for use
in the Centennial Garden Arena cannot be obtained
through the usual bidding procedures and authorizing
the Finance Diirector to dispense with bidding, not to
exceed $105,500.
d. Resolution adopting the Investment Policy of the City.
Agreements:
Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements with
San Joaquin Development Group LLC for
Tract 5!;)47, Phase 1, located south of McKee,
west of Wible Road. (Ward 6)
Final IVlap with Fruitvale Properties LLC by
Curci-T urner Company for Tract 5917, Phase
1, located at the northeast corner of Calloway
Drive and Hageman Road. (Ward 4)
Agreement with Police Activities League (PAL, a 501
(c)(3) tax exempt organization) to purchase five
printers - $5.00 and ten computers - $10.00.
ACTION TAKEN
RES 80-00
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 00-182
AGR 00-183
REMOVED FOR
SEPARATE
CONSIDERATION
Award Consultant Agreements to Porter-Robertson
Engineering and Surveying, Inc. ($150,000) and
Ruettgers & Schuler Civil Engineers ($150,000) for
providing "on call" civil engineering and surveying
services for non-federally funded Capital
Improvement Projects during Fiscal Years 2000-
01 and 2001-0~.!.
AGR 00-185
A G R 00-186
Bake~rsfield, California, July 19, 2000 - Page 5
CONSENT CALENDAR continued
Consent to Common Use Agreement with Chevron
Pipe Line Cornpany for use of easement within
Virginia Avenue and Oswell Park Drive, east of
Oswell Street. (Ward 1 )
Bids:
i. Additional Centennial Garden Arena Suites: (Ward 2)
Award Contract to Colombo Construction
Company, $274,100 for construction of
Centennial Garden suite addition.
Appropriate $81,000 additional suite revenue
from the Transient Occupancy Tax Fund and
$44,000 Economic Development Revolving
Loan Balance to the Capital Improvement
Budget within the Capital Outlay Fund for
construction of three additional arena suites.
j=
Accept bid from Western Pacific Signal, LLC,
$199,806.75 for 230 traffic signal controllers and
prom modules for the Public Works Department.
Reject all bids for traffic signal interconnect
installation at various locations in the City of
Bakersfield. (Wards 1,2,4,5,6,7)
Miscellaneous:
Appropriate $1,243,000 to the Operating Budgets
within the Public Financing Authority Operating and
Debt Service Fund and Special Assessment District
Funds for bond calls.
Motion by Carson to adopt Consent Calendar
Items a. through I. with separate consideration of
Items d. and f.
ACTION TAKEN
AGR 00-187
CON 00-188
APPROVED
de
Resolution adopting the Investment Policy of the City.
Motion by Couch to adopt Consent Calendar Item
d.
RES 81-00
APPROVED
178
Bakersfield, California, July 19, 2000 - Page 6
CONSENT CALENDAR continued
Agreement witlh Police Activities League (PAL, a 501
(c)(3) tax exempt organization) to purchase five
printers - $5.00 and ten computers - $10.00.
Motion by Carson to adopt Consent Calendar
item f,
ACTION TAKEN
AGR 00-184
APPROVED
HEARINGS
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 1,2,3,4,7)
Building Director Dennis Fidler stated the following
assessments have been paid and requested Items
No, 14. 3410 Lotus Lane; No. 19. 910 O Street; and
No. 32, 1501 Lake Street, be removed from the
assessment list.
Hearing opened at 7:42 p.m.
No one spoke at hearing.
Hearing closed at 7:42 p.m.
Motion by Carson to adept the resolution.
RES 82-00
APPROVED
Resolution in support of amendment to the Kern
Countywide Siting Element of the Countywide
Integrated Waste Management Plan.
Hearing opened at 7:43 p.m.
No one spoke at hearing.
Hearing closed at 7:43 p.m.
Motion by Carson to adopt the resolution.
RES 83-00
APPROVED
Bakelrsfield, California, July 19, 2000 - Page 7
179
HEARINGS continued
c. Resolution approving City Annexation No. 410,
Proceeding No. 1281, uninhabited territory, located
west of Allen Road to Jenkins Road, between
Brimhall Road and Rosedale Highway. (Ward 4)
1. Agreement to Indemnify LAFCO for City
Annexation No. 410, Proceeding 1281.
Hearing opened at 7:44 p.m.
No one spoke at hearing.
Hearing closed at 7:44 p.m.
Motion by Couch to adopt the resolution ordering
tile territory annexed to the City of Bakersfield
and approval of the agreement.
ACTION TAKEN
RES 8400
AGR 00-189
APPROVED
Resolution approving City Annexation No. 411,
Proceeding No.. 1282 uninhabited territory, located
along the norl:h side of Stockdale Highway, to
Morroco Avenue, east of Jenkins Road. (Ward 4)
Agreement to Indemnity LAFCO for City
Annexation No. 411, Proceeding 1282.
Hearing opened at 7:45 p.m.
No one spoke at hearing
Hearing closed at 7:45 p.m.
Motion by Couch to adopt the resolution ordering
the territory annexed to the City of Bakersfield
and approval of the agreement.
RES 85-00
AGR 00-190
APPROVED
180
Bakersfield, California, July 19, 2000- Page 8
HEARINGS continued
Protest hearing as required by Resolution of Intention
No. 1212 proposing to add territory, Area 4-16,
Chester Avenue, Phase 2: (Ward 2)
Resolution adding territory, Area 4-16,
Chester Avenue, Phase 2, to the
Consoliidated Maintenance District and
confirming the assessments, approving the
Public Works Director's Report and
authorizing collection of assessments by the
Kern County Tax Collector.
Hearing opened at 7:47 p.m.
No one spoke at hearing.
Hearing closed at 7:47 p.m.
Motion by DeMond to override protests and adopt
~he resolution.
Public Hearin!] 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 ArenaJConvention Center (Code of Civil
Procedures Section 1245.230, et seq.) (Ward 2)
Hearing opened at 7:48 p.m.
Mayor Price stated Tom Fallgetter spoke in
opposition of staff's recommendation under Public
Statements.
Hearing closed at 7:48 p.m.
Motion by DeMond to adopt a Resolution of
Necessity de~:laring the public interest and
necessity for the taking of property located at
1426 P Street, Bakersfield, California, for parking
for the Centennial Garden Arena/Convention
Center, enabhrng the City to condemn the subject
property.
ACTION TAKEN
RES 86-00
APPROVED
RES8~O0
APPROVED
Bakersfield, California, July 19, 2000 - Page 9
lo.
REPORTS
Ad HOC Committee Report No. 1-00 regarding
Council Vacancy Appointment Process.
Mayor Price requested City Clerk McCarthy
contact anyone; who has expressed interest in the
interim Council position and let them know they
must also submit an application
Motion by Carson to accept report and implement
recommendations.
Motion by Couch to adopt the Resolution.
ACTION TAKEN
RES 88-00
APPROVED
APPROVED
Legislative and Litigation Committee Report No. 3-00
relating to 24-Month Franchise Fee Exemption in
Connection with RoadRunner Services Provided by
Time Warher.
Resolution declaring the City's intention to
modify the Franchise Agreement with Time
Warner Entertainment Advance/New House.
6. PUBLIC STATEMENTS continued
Larry Ivloxley, representing Time Warner
Cable rnade comments.
Motion by Couch to accept the report, implement
the recommendations and adopt the resolution.
RES 89-00
APPROVED
11.
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zone Map No. 102-33 by
changing the zoning from a Limited Multiple-Family
Dwelling zone to a One Family Dwelling - Church
zone on .98 acres located on the southwest corner of
Quailwood Drive and North El Rio Drive (P00-0285).
(First reading ~V28/00) (Ward 5)
Motion by Catson to adopt the ordinance.
ORD 3966
APPROVED
182
Bakersfield, California, July 19, 2000 - Page 10
11.
DEFERRED BUSINESS. continued
Ordinance authorizing the City Council 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.
(First reading 6/28/00)
Motion by Sajrvaggio to adopt the ordinance.
Cm
Resolution corffirming the report of the Chief Code
Enforcement Officer regarding amendment of
assessment for 201 Hoover Street, eliminating an
incorrect assessment for 904 Sandra Drive and
denying confirmation of costs for properties at 1025
and 1029 E. Brundage Lane in the City of Bakersfield
for the abatement of certain weeds, debris and waste
matter. (Wards 1,2)
Motion by DeMond to adopt the Resolution and
accept the report and recommendations to: 1)
amend asse-~sment of 201 Hoover Street; 2)
eliminate an incorrect assessment previously
imposed on 904 Sandra Drive; 3) not assess the
properties at 1025 and 1029 E. Brundage Lane.
Sewer lift station at the northeast corner of Ming
Avenue and Grand Lakes Avenue:
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. (Ward 4)
Improvement Agreement for vacation of
access easement with applicant Khalid
Abureyaleh for same property. (ward 4)
ACTION TAKEN
ORD 3967
APPROVED
RES 90-00
APPROVED
DELETED
12. NEW BUSINESS
Ordinance amending Section 1.12.010 of the
Bakersfield Municipal Code by adding Annexation
No. 409 to Ward 1, located north of Bear Mountain
Blvd., west of Fairfax Road. (Ward 1)
FR
Bakersfield, California, July 19, 2000 - Page 11
12.
NEW BUSINESS continued
be
Permits for vendors conducting sales from portable
concession stands in City parks.
Resolution establishing a moratorium on the
issuance of permits for vendors conducting
sales from portable concession stands in City
parks pursuant to 12.56.240(B) and (C).
Motion by Carson to adopt the resolution and
refer the matter to the Legislative and Litigation
Committee.
ACTION TAKEN
RES 91-00
APPROVED
13.
COUNCILSTATEMEN~
DeMond requested ;staff go forward with the Ming
Development project and contact citizen's who have
requested input into the project.
DeMond requested ,,;taft put the issue of Red Light
Enforcement on the next Joint City/County Meeting
agenda. Also requests staff to provide infi~rmation and
prepare a report regarding concerns on how the unified
court system would process the amount of citations
that this enforcement would produce.
Maggard requested staff set up a meeting with the
County and the Dist~Fct Attorney regarding expanding
our graffiti abatement program with the County. Also,
review the language in criminal charges to increase
penalties for this type of crime.
Sullivan thanked staff for their work on the annexation guide
and requests that Council accept it and move forward.
Sullivan requested staff look into the maintenance and
condition of the wa~er in the sumps at Campus Park
North and Campus Park South due to the water turnin~l
green and requested a report back.
Sullivan said hello to her granddaughter, Myrna D. Reese
who is at Fort Hood in Colleen, TX., watching via the
internet.
Careen thanked the Legislative & Litigation Committee and
staff for their work on the annexation guide.
Carson commented on areas that need city services.
Bakersfield, California, July19, 2000 - Page 12
13.
COUNCIL STATEMENTS continued
Carson requests staff set up a meeting to discuss the
Planz Road sump issue.
Carson requested the Southeast Lighting issue be re-
referred back to the Budget & Finance Committee, and
requested staff review funding in order to complete the
entire project.
Carson requested staff schedule a meeting with
Occidental - Elk Hills regarding the letter they submitted.
Carson thanked staff for the updated schedule regarding
Maple, Madison and Casa Loma areas.
Carson asked staff if the CIP Budget reflected information by
Ward, Alan Tandy responded.
Salvaggio thanked the! Building Department for their efforts
on his referrals.
Salvaggio mentioned the issue regarding the swings at
Wilson Park to Stan Ford.
Salvaggio requested staff provide him with information
regarding the Golden Empire project by Central Park.
Salvaggio referred an article to staff regarding using
public funds to build Baseball Stadiums and requested
a written response back to Council.
Salvaggio requested staff provide him with the
recommendation ~,om the Planning Department
regarding the proposed bicycle motocross race track
scheduled for a hearing before the Board of Zoning
AdjustmenL (P00-04.80)
Salvaggio stated he is ready to move fo~'ward with the
annexation guide.
Salvaggio referred to Public Works repair of the pot hole
on Jonah Street, south of Pacheco Road.
Salvaggio stated he enjoyed the Amtrak Grand Opening
festivities.
Couch congratulated Nell Tierney, Bruce Fritz, Mike Doyle
and Frank Herrera of the Parks Department on their
upcoming retirement; and thanked the Water Department
regarding their brochure.
ACTION TAKEN
Bakersfield, California, July 19, 2000 - Page 13
13.
COUNCIL STATEMENTS continued
Couch requested information regarding the study on the
Ice Rink and requested that it be brought back to
Counc~ at a later date.
Couch thanked Stan Ford for his responsiveness with a
request.
Couch referred the issue of Permits for Transient
Outdoor Businesses to the Legislative & Litigation
Committee.
Couch requested staff provide the names of the private
groups who will be paying pool fees and the process
that will be used to calculate attendance, etc.
Couch requested staff consider GET's proposal, and
stated he would like to attend any meetings regarding
the proposal and requested a report back to Council.
Couch inquired if a Letter of Credit was needed from the
developer regarding the City Center project. Bart Thiltgen
responded.
Couch requested siaff look into the possibility of
scheduling a Joint City/County Planning Commission
meeting to discuss mutual concerns.
Couch requested the Planning Commission look into a
North Beltway alignn.~ent-
Couch requested ,,;taft advise him of the Special
Election time lines for the language regarding an
advisory vote on the City Center project,
Couch requested st-'vff discuss with him the possible
uses for the unused Traffic Impact Fees.
Couch referred to the Urban Development Committee
the Assessment District Notification process.
DeMond mentioned the installation of the granite Kugal
around November at the Amtrak Station.
DeMond referred to Public Works the issue at
Homemaker Place and the water drainage problems near
the Joshua Park Ioca!tion.
ACTION TAKEN
186
Bakersfield, California, July 19, 2000 - Page 14
13.
COUNCIL STATEMENTS continued
Mayor Price commented on the Amtrak Grand Opening and
appreciated Buck Owen's attendance. Thanked staff,
construction staff, and Building Director Dennis Fidler for
their work on the Amtrak and underpass projects.
ACTION TAKEN
Motion by Carson to recess to Closed Session at 8:31
CLOSED SESSION continued
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to Subdivision (a)
of Governmenl~ Code Section 54957.
Motion by Carson to adjourn Closed Session at 10:03
p.m.
Mayor Price announced Council had a good discussion with
City Manager Alan Tandy and Council has completed the
evaluation.
APPROVED
APPROVED
14.
ADJOURNMENT
Motion by Carson to adjourn at 10:04 p.m.
M~O~he City of Bakersfield, CA
ATTEST:
APPROVED