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