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Home My WebLink About06/13/01 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 13, 2001 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 Hall, Vice-Mayor Salvaggio, Councilmembers Carson (seated at 5:27 p.m.), Benham, Maggard, Couch, Hanson, Sullivan (seated at 5:18 p.m.) None ACTION TAKEN 2. WORKSHOP Centennial Garden Department Budget Presentation Jim Foss, Centennial Garden Executive Director and Steve Womack, Centennial Garden Director of Finance, gave a computer presentation and submitted written material. Recommendations on "Centennial Corridor" from Westchester Area Citizens. Alan Christensen, Assistant City Manager, introduced Jack LaRochelle, Interim Public Works Director, who gave a presentation. Also, Brian Collins, Westchester Area Citizens Group, made comments and provided written material. Motion by Salvaggio to recess to Closed Session at 5:54 p.m. CLOSED SESSION Conference with Legal Counsel potential Litigation; Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9; Two potential cases. APPROVED DELETED Bakersfield, California, June 13, 2001 - Page 2 CLOSED SESSION continued Conference with Legal Counsel Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Roger Edwin Hartley, etc. vs. City of Bakersfield, et al.; United States District Court, Eastern District, Case No. CIV-F-00-5894 AWl DLB Conference with Labor Negotiator, City Manager Alan Tandy, pursuant to Government Code Section 54957.6. Employee organizations: Management, General Supervisory and Police Supervisory. Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to Subdivision (b)(1) of Government Code Section 54956.9. One case. Motion by Salvaggio to recess from Closed Session at 7:00 p.m. ACTION TAKEN NAT DELETED NAT APPROVED REGULAR MEETING INVOCATION by Pastor Theron Friberg, Olive Knolls Church of the Nazarene PLEDGE OF ALLEGIANCE by Ashley Rice, 2"d grade student at Harris School ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan None CLOSED SESSION ACTION Mayor Hall announced there was no reportable action on Closed Session Item b., Council will reconvene for Item 3.d. after the regular meeting, and Item 10.a, Report on City Center Project was moved to Deferred Business Item 11.c. Bakersfield, California, June 13, 2001 - Page 3 PRESENTATIONS Mayor Hall presented a Proclamation to Dave Christensen, District Manager of Southern California Gas Company, proclaiming June 24-30, 2001 as "Energy Efficiency Awareness Week". PUBLIC STATEMENTS a. Duane Dudies spoke in support of Arts and submitted written material. b. Patrick Collins spoke regarding Kern Economic Development Corporation agreement. c. Art Doland spoke regarding "Just Say No". d. Wesley Crawford Muhammad spoke regarding racial profiling. e. Mary Berglund spoke regarding dairies and submitted written material. Couch referred the issue of dairies to Urban Development Committee for their next meeting. f. Shirlyn Davenport gave a presentation regarding new name for the City Center Project. g. Marvin Dean spoke regarding Southeast Bakersfield. h. The following individuals spoke regarding youth building: Stan Shires; Roy Malahowski; Walter Williams and Renee Nelson. i. The following individuals spoke regarding Palm- Olive Annexation: Brian Morrow; Becky Kaiser and Barbara Fields. Mayor Hall read a statement regarding Palm/Olive Annexation. APPOINTMENTS None. ACTION TAKEN 153 154 Bakersfield, California, June 13, 2001 - Page 4 CONSENT CALENDAR Minutes: May 21, 2001 Budget Presentations and May 30, 2001 Regular Council Meeting. Payments: Payments from May 18, to May 31, 2001 in the amount of $2,667,265.20; and Self Insurance payments from May 18, to May 31, 2001 in the amount of $115,345.78. Resolutions: Resolution of Intention No. 1244 adding territory, Area 1-21 (Brimhall, Allen NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Intention No. 1245 adding territory, Area 1-17 (Palm, Allen SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 422, located north of Reina Road, between Jewetta Avenue and Allen Road. (Ward 4) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 423, located at the southeast corner of Castro Lane and Talisman Drive. (Ward 7) Agreement with Louise V. Hatcher for sewer service. Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 424, located at the southwest corner of Union Avenue and Hosking Road. (Ward 7) ACTION TAKEN ROI 1244 ROI 1245 RES 074-01 RES 075-01 AGR 01-134 RES 076-01 Bakemfield, California, June 13, 2001 - Page 5 CONSENT CALENDAR continued Resolution determining that Traffic Signal Preemption Systems cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding, not to exceed $500,000. Resolution making findings and determination regarding commitment of unexpended Park Acquisition and Development fees. Resolution regarding Council policy on approval of City Joinder of Amicus Briefs. Resolution declaring real property, located approximately 300 feet south of East Brundage Lane on Hayes Street, surplus to needs of the City. Sales Agreement with St. Johns Missionary Baptist Church, $123.00 for 149 sq. ft. of irregularly shaped land. Resolution of support for League of California Cities Grassroots Network. m. H.T.E. Computer Software: Resolution determining that the H.T.E. Internet Interface, Permitting and Code Enforcement System Software for the Development Services Department cannot be reasonably obtained through usual bidding procedures. Agreement with H.T.E. Inc. regarding purchasing of Internet Interface, Permitting and Code Enforcement Software for $382,726. Agreements: n. Tract Maps/Improvement Agreements: (Ward 7) Final Map and Improvement Agreement with SYROLI IV, for Tract 5941, Phase 2, located north of Berkshire Road, east of Monitor Street. ACTION TAKEN RES 077-01 RES 078-0~ RES 079-01 RES 080-0~ AGR 0~-135 RES 08f-01 RES 082-01 AGR 97-283(2) AGR 01-137 155 156 Bakersfield, California, June 13, 2001 - Page 6 CONSENT CALENDAR continued Agreement with ThyssenKrupp Elevator Corporation, $56,900 to provide modernization of Passenger Elevator in City Hall Annex Building. (Ward 2) Agreement with the Bakersfield City School District. for a Community Recreation program. Agreement for extraction, exchange and delivery of banked groundwater with California Water Service Co. (Ward 4) Ditch Eradication Agreement and Pipeline Easement with Donald G. Wattenbarger & Connie Wattenbarger, on the City-owned Kern River Canal & Irrigating Company Number Four Ditch located on the north side of Snow Road between Coffee Road and Calloway Drive. Amendment No. 4 to Agreement No. 97-200 for $60,000 with Kern Economic Development Corporation (KEDC) for economic development in Kern County. Amendment No. 1 to Easement Agreement No. 99-15 with Kern Water Bank Authority for construction of pipeline. (Ward 4) Chester Avenue #3 Fire Hydrant and Water System Improvement Project: (Ward 2) Amendment No. 1 to Agreement No. 01- 062 with California Water Service Company to reflect a budget increase of $12,000 for design and construction of fire flow improvements in the Chester Avenue No. 3 area. Accept bid to award Contract to West Valley Construction Company, Inc. in the amount of $190,655 for the Chester Avenue No. 3 Fire Hydrant and Water System Improvement Project. Bids: Accept bid to award Annual Contract to Sturgeon & Son, Incorporated, not to exceed $216,000 for earthmoving and hauling. ACTION TAKEN A GR 0'1-138 AGR 01-139 AGR Of-f40 AGR 01-141 DEED 5421 AGE 01-1q9 DEED 5q22 AGR 97-200(4) AGR 99-f5(1) AGR 01-162(1) CON 01-'142 CON 0'1-143 Bakersfield, California, June 13, 2001 - Page 7 CONSENT CALENDAR continued Accept bid to award Annual Contract to L. N. Curtis & Sons for protective jackets and trousers for structural fire fighting, not to exceed $25,000. Accept base and additive alternates 1 and 2 bid to award Contract to Leo Tidwell Excavating Corp., $536,297.50 for traffic signal interconnect at various locations in the City of Bakersfield. (Wards 1,2,4,5,6,7) Accept bid to award Annual Contract to Pavement Recycling Systems, Incorporated, not to exceed $100,000 for cold planning for the Streets Division. Accept bids to award Annual Contracts to Target Specialty Products, not to exceed $139,541.43 and Wilbur-Ellis Company, not to exceed $94,167.71 for chemical insecticides and herbicides for the Parks and Water Department. Total $233,709.14. Miscellaneous: aa. Appropriate $53,441 prior year HOME entitlement and reprogram $1,190,764 existing HOME appropriations to the Capital Vision Equities, Senior Housing Project within the HOME fund. (Ward 1) bb. Appropriate $190,000 Miscellaneous Water Sales to the Water Resources Operating Budget within the Agriculture Water Fund for additional electrical power costs. (Ward 4) CC. Accept $15,900 of contributions from several local businesses for anti-graffiti educational and promotional activities. dd. Taxi-cab revisions. Couch announced conflict of interest on Consent Calendar Item $.v. due to source of income to his employer. ACTION TAKEN CON 01-144 CON 0f-145 CON 0f-146 CON 01-~47 CON 01-~48 REFER TO LEGISLATIVE & LITIGATION COMMITTEE 157 Motion by Salvaggio to adopt Consent APPROVED Calendar Items a. through dd. 158 HEARINGS a. Bakersfield, California, June 13, 2001 - Page 8 Consolidated Maintenance District: Protest hearing as required by Resolution of Intention No. 1241 regarding the park landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2001-2002 Budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector, no increase in rates. Hearing opened at 8:01p.m. No one spoke at hearing. Hearing closed at 8:01p.m. Motion by Couch to override protests and adopt the resolution with no increase. ACTION TAKEN RES 083-0'1 APPROVED Consolidated Maintenance District: Protest hearing as required by Resolution of Intention No. 1242 regarding the street landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2001-2002 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 correspondence was received from 14 residents, with 1 in support of the assessment and 13 in opposition of the assessment. Hearing opened at 8:02 p.m. Art Doland spoke in opposition of staff recommendation. RES 084-0f Bakersfield, California, June 13, 2001 - Page 9 HEARINGS continued b. Hearing closed at 8:04 p.m. Motion by Salvaggio to override protests and adopt the resolution with no increase. ACTION TAKEN APPROVED 159 Traffic Signal Maintenance Districts: (Ward 4) Protest hearing as required by Resolution of Intention No. 1243 regarding the assessments for four Traffic Signal Maintenance Districts. Resolution approving and adopting the Public Works Director's report for four Traffic Signal Maintenance Districts and the 2001-2002 Budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. Hearing opened at 8:07 p.m. No one spoke at headng. Hearing closed at 8:08 p.m. Motion by Couch to override protests and adopt the resolution with no increase. RES 085-01 APPROVED Proposed Assessment District No. 01-1 (Ming Avenue at Allen/Mountain Vista Drive/Hampton Place): (Ward 4) Protest Hearing for proposed Assessment District No. 01-1. Resolution approving Final Engineer's Report, levying assessments, ordering improvements, and authorizing and directing relating actions. 3. Resolution determining assessments remaining unpaid. 4. Resolution authorizing issuance of bonds. RES 086-01 RES 087-01 RES 088-01 Bakersfield, California, June 13, 2001 - Page 10 HEARINGS continued Resolution approving form and substance of Preliminary Official Statement and Bond Purchase Contract, authorizing modifications, authorizing execution and authorizing related documents and actions. Hearing opened at 8:09 p.m. No one spoke at hearing. Hearing closed at 8:09 p.m. Motion by Couch to override protests and adopt resolutions. ACTION TAKEN RES 089-01 APPROVED Public hearing to consider commercial refuse rate increase for Fiscal Year 2001/02 (3.23% proposed rate increase). Hearing opened at 8:11p.m. Becky Kaiser spoke in opposition of staff recommendation. Hearing closed at 8:13 p.m. Motion by Couch to adopt resolution. RES 090-Of APPROVED NS CARSON Public hearing to consider residential refuse rate increases for Fiscal Year 2001/02 (3.23% proposed rate increase). City Clerk McCarthy announced approximately 60,300 notices were mailed, written correspondence was received from 59 residents with I neutral; 4 in support of the increase; 54 in opposition of the increase. Hearing opened at 8:19 p.m. The following individuals spoke in opposition of staff recommendation: Marilyn Meystick, submitted written protests; Virginia Witthans; Michael Freidman, Vice President, Kern County Apartment Association; Marvin Dean, Southeast Business and Property Owners' Association; Melissa Greyheck; Art Doland; and Norma Jackson. Bakersfield, California, June 13, 2001 - Page 11 HEARINGS continued Benham requested staff provide a report, prior to the June 27, 2001 meeting, regarding how the negotiations with the County might result in a reduction in the landfill and how that would enable the City to view curbside recycling as an affordable option and encouraged staff to be diplomatically aggressive in pursuing this with the County. Salvaggio requested staff review the feasibility of modifying the current policy of half of the garbage fees back to senior citizens by lowering the age from 65 to 60, and requested a report back to Council. Salvaggio requested staff provide a rate comparison of garbage rates of other similar size cities. Couch requested staff provide copies of the County property tax bill showing line items for refuse pickup and street sweeping. Sullivan requested staff give a presentation explaining proposed increases in the future, prior to the hearings. Sullivan requested staff contact schools regarding the possibility of providing additional recycling centers. Sullivan requested staff review the possibility of increasing the "Bulky Item Drop-Off'' from 4 times to 6 times a year and requested a report back outlining the costs. Mayor Hall announced the hearing will be continued to June 27, 2001. Public Hearing for the FY 2001-02 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. Hearing opened at 9:12 p.m. ACTION TAKEN No one spoke at the hearing. 161 Hearing closed at 9:12 p.m. 162 Bakersfield, California, June 13, 2001 - Page 12 10. REPORTS Mayor Hall recessed the meeting at 9:13 p.m. and reconvened at 9:30 p.m. a. Report on City Center Project. Mayor Hall announced this Item has been moved to Deferred Business Item c. Budget and Finance Committee Majority and Minority Reports regarding City policy and criteria used in evaluating requests for funds from non- profit groups: Budget and Finance Committee Majority Report No. 3-01 Budget and Finance Committee Minority Report No. 4-01 6. Public Statements continued: The following individuals spoke in support of funds for non-profit groups: Valerie Hashim; Jim Johnson, Executive Director Arts Council of Kern; Suzanne James; and Jim Fillbrandt, Motion by Maggard to fund $28,500 to Bakersfield Museum of Art Exhibit. Amended motion by Maggard to fund $28,500 to Bakersfield Museum of Art Exhibit and include a report to Council regarding out of town visitors and the direct benefit to the community through contributions to tax base. Motion by Benham to fund $50,000 to Bakersfield Music Theater, as a one time grant. Amended motion by Benham to fund $50,000 to Bakersfield Music Theater, as a one time grant, and include an annual report outlining debt, loan, forgiveness of loans. Motion by Benham to accept staff recommendations regarding expenditures from CDBG funding for improvements to the Kern County Museum area median enhancements and on-going street lighting. ACTION TAKEN AGR 01-179 AGR 01-180 NAT APPROVED NAT APPROVED NS CARSON APPROVED 11. Bakersfield, California, June 13, 2001 - Page 13 DEFERRED BUSINESS Ordinance amending Section 12.44.031 of Chapter 12.44 of the Bakersfield Municipal Code relating to Business Use of Sidewalks. (First reading 5/30/01) Motion by Couch to adopt the ordinance. Ordinance amending sections of Chapters 17.52 and 17.54 of Title 17 of the Bakersfield Municipal Code related to utilization of the P.C.D. (Planned Commercial Development) zone as combining zones. (First reading 5/30/01) Motion by Couch to adopt the ordinance. ACTION TAKEN ORD 4008 APPROVED ORD 4009 APPROVED 16,':1 Mayor Hall recessed the regular meeting to go back into Closed Session at 11:22 p.m. CLOSED SESSION continued Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to Subdivision (b)(1) of Government Code Section 54956.9. One case. Motion by Couch to adjourn from Closed Session at 12:42 p.m. Mayor Hall reconvened the regular meeting at 12:47 a.m. and announced there was no reportable action from Closed Session. NAT APPROVED 11, DEFERRED BUSINESS continued c. Report on City Center Project. City Manager Tandy gave a brief update and the following staff recommendation: 1. Have the City Attorney continue and accelerate his investigation, search all local, state and federal information sources. 164 11. 12. Bakersfield, California, June 13, 2001 - Page 14 DEFERRED BUSINESS continued Make a finding that the City of Bakersfield does not believe it is in the best interest of our tax payers to enter into a stadium lease or any other business arrangement with the Moses/Shapiro/-roy SFG Group, due to their continued failure to disclose normal and customary information about themselves and their background as well as to findings of the City Attorney's search of public documents. If there is any chance that the Attorney's research is in error and if full and acceptable disclosure is made before the financial oversight committee in accordance with the standards and non- disclosure forms used for the Olmshchid Group by the close of business on June 22, 2001, the City Council may reconsider it's position. No variation from those standards, forms or contents will be acceptable. This is the last, best and final condition. The provision of the information in a timely manner, in no way guarantees or commits the City to enter into a lease with the above name persons. Motion by Couch to adopt staff recommendations and send letter. NEW BUSINESS ACTION TAKEN APPROVED AB SALVAGGIO ABS CARSON None. 13. COUNCIL & MAYOR STATEMENTS Benham referred to staff the issue of weeds and debris along the sound wall between Highway 99, Verde Street and Oakdale Street. Couch submitted referrals to Assistant City Manager Stinson. Maggard congratulated Councilmember Carson, Southeast Bakersfield and staff for acquiring a grocery store in the Southeast area. 13. Bakersfield, California, June 13, 2001 - Page 15 COUNCIL & MAYOR STATEMENTS continued Maggard stated the ad hoc committee meeting regarding gang violence and community relations was a success. Hanson requested staff delay the issue of Council staff and equipment until the July meeting, as he will be out of town on the 27~ of June. Hanson asked if staff responded to the citizen regarding the PAL parking lot situation. Tandy responded yes. Hanson asked status regarding the I or 2 percent (budget issue). Tandy responded. Sullivan requested staff evaluate the speed limit on District Boulevard. Carson thanked Lee Jaimeson, Council and City staff for their commitment to bringing a grocery store to Southeast Bakersfield. Maggard asked questions regarding approval of the budget. Tandy responded. ACTION TAKEN 165 14. ADJOURNMENT MAY~3R of the'City 6f Bakersfield, CA/ ATTEST: CITY CLERK and Ex Officio C_/(!~rk of the Council of the City of Bakersf~ld APPROVED