Loading...
HomeMy WebLinkAbout06/24/1998 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 24, 1998 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 149 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Smith, Sullivan Councilmembers Rowles, Carson, DeMond, McDermott, Salvaggio ACTION TAKEN WORKSHOP a. Arena Tour and Fire Department Arson Dog. CLOSED SESSION None. Mayor Price adjourned at 5:45 p.m. REGULAR MEETING 1. INVOCATION by Bishop Ernest Larsen of The Church of Jesus Christ of Latter-Day Saints 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present: Mayor Price, Councilmembers Rowles, Carson, DeMond, Smith, Sullivan, Salvaggio Absent: Councilmember McDermott APPROVED AB ROWLES CARSON DEMOND MCDERMOTT SALVAGGIO ACTION TAKEN 4. CLOSED SESSION ACTION None. 150 Bakersfield, California, June 24, 1998 - Page 2 PRESENTATIONS Solid Waste Director Kevin Barnes provided a brief update and introduced Megan Cambridge, State of California Department of Toxic Substances Control, who presented a Certificate of Completion to the City of Bakersfield for the Panorama Burn Dump Remediation; and also presented a Certificate of Appreciation to Solid Waste Director Kevin Barnes. ACTION TAKEN Mayor Price presented a Certificate of Appreciation to Shirlynn Davenport and Leadership Bakersfield for their efforts at the All America City Awards Presentation; and Shidynn Davenport thanked the Mayor and Council for their support and gave T-shirts to Mayor Price and Mrs. Price. PUBLIC STATEMENTS Lavonne Gray spoke in support of Mr. Guy Wilkins and asked for an extension for the clean-up process. J. Michael Baker spoke regarding parking on cul-de- sacs and submitted written material. c. Barbara J. Fields spoke in opposition of annexations. The following individuals spoke regarding Consent Calendar Item 8.z., award of contract to W.M. Lyles: Tim Ashlock, HPS Plumbing (opposition), submitted written material; Frank S. Allen, West Valley Construction Co., (opposition); Richard Nemmer, W.M. Lyles Co., (support). The following individuals spoke in support of a $350,000 contribution from the City to the County for the new Health Department building: B.A. Jinadu, MD; David J. Evans, MD; Terry Arnold; Theresa Ferrer-Brechner, MD; and Lucinda Wasson. City Manager Tandy provided budget issue clarifications. Mayor Price clarified that 60% of the local government share of property tax remains with the County for the support of the Health Department, Sheriffs Department, etc. Bakersfield, California, June 24, 1998 - Page 3 151 PUBLIC STATEMENTS Rowles announced conflict of interest on the issue of a traffic signal at 24th and Beech Streets, due to his residence being in the Westchester area. The following individuals spoke in opposition of a traffic signal at 24th and Beech Streets: Michael R. Kilpatrick; Eugene Ballow; Michael Stump; Shirley Eide; Bettina Belter, submitted petitions; Bart Hill; and Jill White. The following individuals spoke in opposition of annexations: Linda Wilson, Olive Drive No. 4, submitted letters; Stuart Baughern, Olive Ddve No. 4; Richard Petlerin; Bill Clark, Castro No. 4; Gary L. Blakley, Olive Drive No. 4; Becky Kaiser, Palm-Olive; Christy Horne, Olive Drive No. 4; and Barbara Fowler, Palm-Olive. William H. Pinckard spoke in support of the Dennen Annexation. Public Statements continued on Page 13 Mayor Price recessed the meeting at 8:15 p.m. and reconvened at 8:20 p.m. ACTION TAKEN 7. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. June I and June 10, 1998 Council Meetings. Payments: b. Payments from May 30, to June 12,1998 in the amount of $4,758,328.69; and Self Insurance payments from May 30, to June 12, 1998 in the amount of $128,097.32. Bakersfield, California, June 24, 1998 - Page 4 CONSENT CALENDAR continued Ordinances: Clean-up legislation: three ordinances amending the Bakersfield Municipal Code: Ordinance amending Chapter 5.28 relating to House Number Curb Painting. Ordinance amending Chapter 5.58 relating to Seismic Survey Activities. Ordinance amending Chapter 10.76 relating to Parades. Resolutions: Resolution of Intention No. 1175 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area, District No. 2, Division 26 (Q Street). (Ward 2) Resolution accepting Annual Report from the Public Works Director relative to the Fee for Development and Improvement of Parks within the City of Bakersfield, no change to fee proposed. Resolution calling and giving notice of holding a General Municipal Election for election of Councilmembers for Wards 1, 3, 4 and 7, and requesting consolidation with the County of Kern Statewide General Election to be held on Tuesday, November 3, 1998. Resolution providing for the collection of refuse charges by the Kern County Tax Collector and that charges being placed on the tax roll are in compliance with the requirements of Proposition 218. Resolution making findings and determination regarding unexpended Park Acquisition and Development Fees. Resolution setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. ACTION TAKEN REFERRED TO LEGISLATIVE AND LITIGATION COMMITTEE RES 82-98 RES 83-98 RES 84-98 RES 85-98 RES 86-98 Bakersfield, California, June 24, 1998 - Page 5 153 CONSENT CALENDAR continued Mitigated Negative Declaration for Allen Road/Buena Vista Sewer Trunklines: (Ward 4, 6) Resolution making CEQA findings and approving the Allen Road/Buena Vista Road Sewer Trunkline Negative Declaration. k. Redevelopment Project Areas: Resolution designating a Old Town Kern Pioneer Redevelopment Survey Area for study purposes. 2. Resolution designating a Southeast Redevelopment Survey Area for study purposes. Amendments to Fiscal Year 1997-98 Operating, Capital Improvement Program and Central District Development Agency Budgets for the period of January 1, through June 30, 1998. Amendment No. 2 to Resolution No. 110-97 and Amendment No. 2 to Resolution No. 111- 97, Operating, Capital Improvement Program, and Central District Development Agency Budgets. Agreements: m. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5429 Phase E, located north of White Lane and west of Old River Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 5429 Phase F, located north of White Lane and west of Old River Road. (Ward 4) Agreement with Bryan Stirrat and Associates for consultant services to prepare a Final Closure and Post Closure Maintenance Plan for the Bakersfield Sanitary Landfill, not to exceed Two Hundred Fifty Thousand Dollars ($250,000). ACTION TAKEN RES8~98 RES8~98 RES 89-98 RES 1t0-97(2) 111-97(2) ROWLES ABSTAINED DUE TO CONFLICT AGR 98-141 AGR 98-142 AGR 98-143 AGR 98-144 AGR 98-145 ;154 Bakersfield, California, June 24, 1998 - Page 6 CONSENT CALENDAR continued Agreements with the State of California, Department of Transportation for: Construction of curb, gutter and pavement tie-in, Alta Vista Area: Niles Street, Bernard Street, Union Avenue and Alta Vista Drive. (Ward 2) Bridge widening at Panama Lane at State Route 99. (Ward 7) Construction of additional lane at State Route 178: Fairfax Road to 1000 feet west. (Ward 3) Construction of storm drain on Ashe Road, Stockdale Highway to Ellis Avenue. (Wards 4, 5) Street widening at Panama Lane: Wible Road to State Route 99. (Ward 7) Agreement to indemnify LAFCO for City Annexation No. 398, Proceeding 1248, located north and south of Panama Lane, west of State Route 99. (Ward 7) q. Sale of City owned real property: (Ward 3) Purchase Agreement with Charles C. and Diane Wall for property at 3704 Panorama Drive. Purchase Agreement with Paul and Angela Miller for property at 3512 Panorama Drive. Purchase Agreement with Pete M. and Mary R. Perez, to acquire real property located at 617 16th Street for $70,000. (Ward 2) Amendment No. I to Agreement No. 97-137 (Kern County Agreement No. 269-97) relating to enterprise zone. Amendment No. 1 to Agreement No. 96-220 with Psychology Systems, Inc., a division of PacificCare Behavior Health, for Employee Assistance Program. Amendment No.1 to Agreement No. 96-332 with the Society for the Prevention of Cruelty to Animals providing for the expansion of animal control facilities. ACTION TAKEN AGR 98-146 AGR 98-147 AGR 98-148 AGR 98-149 AGR 98-150 AGR 98-151 AGR 98-152 DEED 4905 AGR 98-153 DEED 4906 AGR 98-154 DEED 4907 AGR 97-137(1) AGR 96-220(1) AGR9~33~ Bakersfield, California, June 24, 1998 - Page 7 155 CONSENT CALENDAR continued Contract Change Order No. 2 to contract No. 96-355 with C.A. Rasmussen, Incorporated for the Panama Lane Overcrossing in the amount of $20,443.40 to provide for placement of pavement striping and markings and installation of street signs between 570 feet west of Wible Road and Dennen Street. (Ward 7) w. Bakersfield Centennial Garden: (Ward 2) Contract Change Order No. 9 to the Convention Center Expansion Project Agreement No. 97-76 for the addition of window coverings, $40,720; construction of money/counting rooms $32,132; additional insurance requirements by BNSF Railroad for construction of the pedestrian overcrossing, $8,346; construction of an additional suite pantry $19,520; construction of changes to commissary office space $2,239; and installation of rubber flooring, $7,716; total $110,673. Transfer $90,000 from Construction Contingency to the project account within the City's Arena Construction fund. Bids: Award contract to Telcom Communications, $61,287.72, to furnish and install 180 foot communications tower at the Police Depadment building. Award contract to Tesco Controls, Inc., $120,302.10, for telemetry improvements for various lift stations, Fiscal Year 1997-98. Award contract to W.M. Lyles Company, $397,045, for installation of new domestic water mains, fire hydrants and fire hydrant upgrades in Union Avenue No. 10 Annexation Area. (Wards 1,2) aa. Award contract to Loop Electric, $98,790.15, for traffic signal and lighting system installation on Mr. Vernon Avenue at Route 58 E/B ramps. (Ward 1) bb. Accept bid from Wm. B. Saleh Co., $36,396, for City Hall exterior painting. (Ward 2) ACTION TAKEN ROWLES ABSTAINED DUE TO CONFLICT CON 98-155 CON 98-156 REMOVED FOR SEPARATE CONSIDERATION CON 98-157 CON 98-158 156 Bakersfield, California, June 24, 1998 - Page 8 CONSENT CALENDAR continued cc. Accept bid from J.C. Henberger Co., Inc., $33,526.35, for traffic signal preemption equipment. dd. Accept bid from ESP, Inc. $89,124.75, for two replacement vehicle emission test systems for Fleet Services Division. ee. Accept bid from Southwest Products Corp., $122,908.50 for two additional fuel and lubrication service bodies for Fleet Services Division (one additional, one replacement). ff. Accept bids from Central Valley Truck Center for one replacement side loading refuse truck, $137,565; and one replacement front loading refuse truck, $142,117, for Solid Waste Division (total $279,682). gg. Accept bid from Nixon-Egli Equipment Co., $55,703.51, for one replacement liquid asphalt distributor for Streets Division. hh. Accept bid from Harris Corporation, Farinon Division, $56,532, for a 45MB Digital Microwave Radio for the Communications Division. ii. Accept bid from Is~ Fueling Systems, Inc., $61,250.44, for one 12,000 gallon fuel storage tank at the Bakersfield Airpod. (Ward 1) jj. Accept bid from E.G. Productions, $43,972.50, for video presentation system for the Council Chambers. Miscellaneous: kk. Appropriate $14,575 in donations from several local businesses to the Public Works Operating Budget within the General Fund for anti-graffiti educational and promotional activities. II. Rescission of Council approval for the installation of speed undulations on Quailwood Drive between North El Rio Drive and Pheasant Avenue. (Ward 5) mm. Reclassification of Development Assistant to Development Associate. ACTION TAKEN Bakersfield, California, June 24, 1998 - Page 9 157 CONSENT CALENDAR continued Correspondence has been received from West Valley Construction Company and HPS Plumbing dated June 23, 1998, protesting the award of the contract to W,M. Lyles Company for Union Avenue No. 10 Annexation Area upgrades. (Consent Calendar Item 8.z, page 4) Rowles announced abstention on Consent Calendar Items 8. m. 1. & 2. due to source of income to employer; Items w. 1. & 2. due to employer participation in project. Motion by Rowles to adopt Consent Calendar Items a. through ram., with the exception of z. ACTION TAKEN APPROVED AB MCDERMOTT Award contract to W.M. Lyles Company, $397,045, for installation of new domestic water mains, fire hydrants and fire hydrant upgrades in Union Avenue No. 10 Annexation Area. (Wards 1, 2) Motion by Carson to refer Consent Calendar Item z. back to staff for clarification, to be brought back to Council in two weeks. Amended motion by Carson to refer Consent Calendar Item z. to staff and direct staff to contact the HUD Compliance Officer, review the bid packages for compliance and bring back at the next Council meeting. NAT APPROVED AB MCDERMOTT HEARINGS a. Hearing to consider Assembly Bill 1854 (citizens option for public safety) regarding $495,000 Supplementing Law Enforcement Funding. Hearing opened at 8:55 p.m. No one spoke at hearing Hearing closed at 8:57 p.m, Motion by Salvaggio to approve the expenditures. APPROVED AB MCDERMOTT ,:158 Bakersfield, California, June 24, 1998 - Page 10 HEARINGS continued Protest hearing as required by Resolution of Intention No. 1174 to hear protests regarding the assessments for three Traffic Signal Districts; and Resolution approving and adopting the Public Works Director's Repod for three Traffic Signal Maintenance Districts and the 1998/99 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. Hearing opened at 9:00 p.m. No one spoke at hearing Hearing closed at 9:00 p.m. Motion by Rowles to override protests and adopt the resolution. ACTION TAKEN RES 90-98 APPROVED AB MCDERMOTT 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. (Ward 1, 2, 7) Development Services Director Jack Hardisty provided a brief update. Hearing opened at 9:01 p.m. No one spoke at hearing Hearing closed at 9:02 p.m. Motion by Carson to adopt the resolution. Protest hearing for Annexation No. 398, located north and south of Panama Lane, west of State Route 99. (Ward 7) Assistant City Clerk Barnhard announced 41 notices were mailed on June 1, 1998. By 5:00 p.m. this date property owners submitted petitions with 11 valid signatures opposing the annexation, one has since been rescinded. Therefore, there are 10 valid signatures. RES 91-98 APPROVED AB MCDERMOTT Bakersfield, California, June 24, 1998 - Page 11 159 HEARINGS continued Hearing opened at 9:03 p.m. The following individuals spoke in opposition of Annexation No. 398: Barbara Pippin; Jerry Danner; Paul Pippin; Jean Traubaugh and Ella Kerley. Hearing closed at 9:10 p.m. Salvaggio requested Code Enforcement check the vacant lot at the east corner of Dennen and Panama Lane for weeds, Salvaggio referred to Public Works the issue of posting a sign at the entrance of Dennen Street stating "Not a Through Street." Salvaggio requested Public Works survey the newly annexed area for the installation of street lights. Salvaggio requested staff survey the newly annexed area streets for pot holes and to repair as needed. Salvaggio requested Mr. Pinckard contact residents who are 65 years or older regarding a 50% discount on garbage fees. Salvaggio requested Public Works expedite the implementation of the new automated trash pick-up service. Salvaggio requested Assistant City Manager Dolores Teubner provide to residents a clear and concise memo indicating the City's commitment to provide sewer connections options. Motion by Salvaggio to adopt the resolution ordering the territory annexed to the City of Bakersfield, ACTION TAKEN APPROVED NS ROWLES AB MCDERMOTT Rowles requested in the future, staff provide Council with a document/map indicating property owners in support or opposition of annexations for clarification. 160 Bakersfield, California, June 24, 1998 - Page 12 HEARINGS continued e. Fiscal Year 1998-99 Budget: Resolution establishing the City of Bakersfield Appropriations Limit. Resolution approving and adopting the City of Bakersfield Operating and Capital Improvement Budget. Resolution approving and adopting the Operating and Capital Improvement Budgets for the Central District Development Agency. Correspondence has been received from Gayle and Sharon Carlson, dated June 23, 1998, in suppod of installation of a traffic signal at 24th and Beech Streets and also requesting their names be removed from a petition circulated in opposition of the traffic signal. Correspondence was also received from Jan Ganong in opposition of the installation of a traffic signal at 24th and Beech Streets. Assistant City Manager Dolores Teubner provided a brief budget overview. Hearing opened at 9:50 p.m. John Frassel and Jack Rothstein spoke in opposition of staff recommendation, Rowles announced conflict of interest and abstained from discussion regarding 24~h and Beech Street traffic signal installation due to his residence being in that area. Hearing closed at 9:56 p.m. Mayor Price recognized Dr. B. A. Jinadu to answer questions regarding County Health Department building. City Manager Alan Tandy provided clarification of the proposed contribution to the County for the Health Department building. ACTION TAKEN RES 93-98 RES 94-98 RES 95-98 Bakersfield, California, June 24, 1998 - Page 13 161 HEARINGS continued Sullivan requested staff keep the recycling bins at Thompson Junior High School and suggested using funds from the sale of the Panorama homes to subsidize. Motion by DeMond to adopt the resolutions with the allocation title change from 24~h & Beech Street Signal to Signal Safety Traffic Monies; and the use of $20,000 from the sale of the Panorama homes to keep the recycling bins at Thompson Junior High School. ACTION TAKEN APPROVED AB MCDERMOTT 10. REPORTS None. 11. DEFERRED BUSINESS Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 102- 34 by changing the zoning of 1.6 acres from a Planned Commercial Development (PCD) zone to a Regional Commercial (C-2) zone; and on 15.56 acres PCD zone to a Revised PCD zone, located on the noaheast corner of Stockdale Highway and California Avenue. (First reading June 10, 1998) (Ward 5) PUBLIC STATEMENTS continued Esther Gamez spoke regarding the rezoning of property adjacent to Mexicali West located at 5601 California Avenue. Rowles recognized Tom Falgatter and Esther Gamez to answer questions. ORD 3851 Motion by Rowles to adopt the ordinance. APPROVED AB MCDERMOTT 162 Bakersfield, California, June 24, 1998 - Page 14 11. 12. DEFERRED BUSINESS continued Clean-up legislation--two ordinances amending the Bakersfield Municipal Code: (First reading June 10, 1998) Ordinance amending Chapter 2.51 relating to creation of Department of Recreation and Parks. 2. Ordinance amending Chapter 8.16.040 relating to Ice Cream Vendors. Motion by Salvaggio to adopt ordinances. NEW BUSINESS Ordinance amending Subsection E. of Section 16.32.060 of the Bakersfield Municipal Code relative to fees for construction of Planned Sanitary Sewer Facilities pursuant to adopted plans, or connections to sanitary sewer facilities, and adding reference to plans adopted for Allen Road Planned Sewer Area. (Ward 4) Ordinance amending Section 5.56.040(D) of the Bakersfield Municipal Code relating to Transient Outdoor Businesses. c. Vacancy in City Attorney Office. Motion by Rowles to direct staff to evaluate executive recruitment firms and provide a report to Council stating a selection of one; and also provide historical data with a range of fees that would be commensurate and demonstrate the package presented is within industry guidelines. ACTIONTAKEN ORD 3852 ORD 3853 APPROVED AB MCDERMOTT FR FR APPROVED AB MCDERMOTT 13. COUNCIL STATEMENTS Carson referred to the Police Department correspondence from Camille Hill regarding street closures and asked for a recommendation. Carson referred to Code Enforcement the issue of vehicles and litter at a hotel on East White Lane and Union Avenue. Bakersfield, California, June 24, 1998 - Page 15 163 13. COUNCIL STATEMENTS continued Carson referred to Code Enforcement the issue of weeds and debris on the property adjacent to The People's Missionary Baptist Church on Madison Avenue. Salvaggio referred to Code Enforcement the previous referral issue of clean-up at 1700 LaMay Avenue. Salvaggio referred to Code Enforcement the issue of weeds, debris and securing of a vacant home at the southeast corner of Belvedere and Hughes Lane and directed staff to contact the property owner. Salvaggio referred to Code Enforcement the issue of weeds and debris at a vacant home at the southwest corner of Hughes Lane and Wilson. Salvaggio thanked City Manager Alan Tandy and Recreation and Parks Director Stan Ford for their response to the Greenfield School District's request for after school recreation programs, Mayor Price referred to staff a letter from Ray Dezember requesting Council recognize the California State Museum by resolution and to bring it back at the next meeting. Rowles thanked Lt. Zachary for traffic enforcement on Hesketh Street and stated residents voiced hope for continued enforcement in that area. Rowles referred to Public Works the issue of repairs to the concrete gutter on the west corner of Beech and 22"d Streets. 14. ADJOURNMENT Motion by Rowles to adjourn at 11:15 p.m. I~I~YOR BOB P~,IC~of the City of Bakersfield, CA ATTEST: of the City of Bakersfield, CA ACTION TAKEN APPROVED AB MCDERMOTT