HomeMy WebLinkAbout01/13/99 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 13, 1999
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, Rowles (seated at
5:35 p.m.), Sullivan (seated at 5:30 p.m.),
Salvaggio
None
ACTION TAKEN
2. WORKSHOP
a. Freeway Update.
Public Works Director Raul Rojas introduced
Engineering Services Manager Jack LaRochelle, who
provided a brief computer presentation; and Traffic
Engineer Steve Walker, provided additional
information on traffic growth.
DeMond requested additional information
regarding the coot of temporary connections,
compared to final connections.
Couch requested an additional workshop be
scheduled for Council to receive complete
information regarding the freeways.
Couch requested a transcript of the Freeway
Update presentation with slides.
Presentation on the development and installation of
the City's Advanced Traffic Management System.
Public Works Director Raul Rojas introduced Traffic
Engineer Steve Walker, who provided a computer
presentation.
Motion by Carson to recess to Closed Session at 5:55
p.m.
APPROVED
Bakersfield, California, January 13, 1999 - Page 2
3. CLOSED SESSION
ACTION TAKEN
Conference with Legal Counsel §54956.9(a)
Existing Litigation; Palm/Olive Concerned Citizens vs.
City of Bakersfield; Kern County Supedor Court Case
No. 236109
DIRECTION GIVEN
TO STAFF
Conference with Legal Counsel §54956.9(a)
Existing Litigation; City of Bakersfield vs. U.S. Fire
Insurance Company, et al.; Los Angeles Superior
Court Case No. BC171941
DIRECTION GIVEN
TO STAFF
Conference with Labor Negotiator, William Avery,
§54957.6 - Employee organizations: Blue and White
Collar Units; Firefighters and Engineers Unit; Fire
Supervisory Unit; General Supervisory Unit; and
Management Unit.
DIRECTION GIVEN
TO STAFF
Motion by DeMond to recess from Closed Session at
6:58 p.m. and reconvene at the end of the meeting to
continue Item 3.a.
APPROVED
REGULAR MEETING
ACTION TAKEN
INVOCATION by David Freeze of First Assembly of God
Church.
PLEDGE OF ALLEGIANCE by Cameron Pulner, Cub Scout
Pack 575
3. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles, Sullivan,
Salvaggio
None
4. CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected
on page 2.
5. PRESENTATIONS
Mayor Price presented a commendation to Cub
Scout Pack #575 for helping the needy at
Christmastime.
Bakersfield, California, January 13, 1999 - Page 3
PRESENTATIONS continued
Linda Quinones-Vaughn and Denise Newton, PG&E
representative, presented a $264,264 Energy Rebate
to the City of Bakersfield.
Mayor Price introduced the new City Attorney Bart
Thiltgen and his wife Christine.
ACTION TAKEN
PUBLIC STATEMENTS
Peg Robertson spoke regarding Kern District
Women's Club Candlelight Dinner Theater and
presented invitations to the Council.
b. Walt Porr spoke regarding the City Attorney's Office.
The following individuals spoke regarding
annexations: Barbara J. Fields; Becky Kaiser;
Barbara Fowler; and Richard Pellerin.
Jerry E. Randall spoke regarding Consent Calendar
Item j and expressed appreciation to City staff for
their suppod on this project.
DeMond suggested Becky Kaiser submit a copy of the
Southgate meeting video tape to staff and requested
staff provide copies to council.
Harvey Hall spoke regarding ambulance service and
hospital emergency room crisis.
Carson referred to City Manager Tandy the issue of
Council's role regarding hospital emergency room
crisis.
APPOINTMENTS
One appointment to the Golden Empire Transit
District Board.
Motion by Carson to reappoint David James to
the 4-year position, term expiring January 6,
2003.
APPROVED
Bakersfield, California, January 13, 1999 - Page 4
APPOINTMENTS continued
b. Four appointments to the Citizens' Community
Services Advisory Committee.
Motion by Salvaggio to reappoint Jack Goldsmith
and Richard Russell to the 4-year term positions,
term expiring November, 2002; and deferral of the
other two appointments.
Vice-Mayor Camon appointments to City Council
Committees and other special Committees and
Boards.
Community Services:
Jacquie Sullivan, Chairperson
Randy Rowles
Pat DeMond
Budget & Finance:
Pat DeMond, Chairperson
Mike Maggard
Mark Salvaggio
Intergovernmental Relations:
Irma Carson, Chairperson
Randy Rowles
Jacquie Sullivan
Legislative & Litigation:
David Couch, Chairperson
Pat DeMond
Jacquie Sullivan
Personnel:
Mike Maggard, Chairperson
Mark Salvaggio
Irma Carson
Urban Development:
Randy Rowles, Chairperson
David Couch
Mike Maggard
Water Board:
Mark Salvaggio, Chairperson
David Couch
Irma Carson
ACTION TAKEN
APPROVED
Bakersfield, California, January 13, 1999 - Page 5
'7.
APPOINTMENTS continued
Co
Kern Council of Governments:
Randy Rowles - Appointee
Mark Salvaggio - Alternate
Planning Commission Liaison:
Mark Salvaggio
Solid Waste Management Advisory_:
Pat DeMond - Member
Jacquie Sullivan - Alternate
Kern Economic Development:
Mayor Bob Price - Member
Irma Carson - Alternate
Pat DeMond - Alternate
Fire Ad Hoc:
Mayor Bob Price
Mark Salvaggio
Motion by Carson to accept appointments as read and
stated above.
ACTION TAKEN
APPROVED
CONSENT CALENDAR
Minutes:
Regular Council Meeting of December 9, 1998;
Special Council Meetings of December 8, 11 and 21,
1998.
Payments:
Payments from November 21, to December 31, 1998
in the amount of $18,143,238; and Self Insurance
payments from November 21, to December 31, 1998
in the amount of $335,781.80.
Resolutions:
Resolution approving the application for funds for the
Tire Recycling Grant Program (playground cover
grants) from California Integrated Waste
Management Board for playgrounds in five City parks
for FY 1999/00.
RES 1-99
6
Bakersfield, California, January 13, 1999 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
Resolution determining that certain ice resurfacing
equipment cannot be reasonably obtained through
usual bidding procedures and authorizing the
Finance Director to dispense with bidding, not to
exceed $75,000. (Ward 2)
RES 2-99
ABS ROWLES
Appropriate $75,000 Fund Balance to the
Public Works Department Operating Budget
within the Equipment Management Fund.
Resolution adding territory (Area 1-14, Brimhall,
Allen) to the Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing collection of
assessments by the Kern County Tax Collector. (Ward
4)
RES 3-99
f. Budget Amendments:
Amendment No. 2 to Resolution No. 94-98
approving and adopting the City of
Bakersfield Operating and Capital
Improvement Budget for Fiscal Year 1998-99.
RES 94-98(2)
Amendment No. 2 to Resolution No. 95-98
approving and adopting the Central District
Development Agency Budgets for Fiscal Year
1998-99.
RES 95-98(2)
Amendment No. 1 to Resolution No. 103-98 adopting
the Allen Road Planned Sewer Area and making
findings relative thereto. (Ward 4)
RES 103-98(1)
Agreements:
h. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement with
Ennis Homes for Tract 5433 Phase 4, located
west of Akers Road, north of Berkshire Road.
(Ward 6)
AGR 99-1
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract
5489 Phase E, located north of Brimhall
Road, east of Old Farm Road. (Ward 4)
AGR 99-2
ABS ROWLES
Bakersfield, California, January 13, 1999 - Page 7
CONSENT CALENDAR continued
h. 3.
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract
5489 Phase F, located north of Brimhall
Road, east of Old Farm Road. (Ward 4)
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract
5845 Phase E, located north of Panama
Lane, east of Reliance Drive. (Ward 4)
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract
5845 Phase F, located north of Panama
Lane, east of Reliance Drive. (Ward 4)
View Wall Agreement with Castle & Cooke
California, Inc., for Tract 5827, located south
of Brimhall Road, east of Jewetta Avenue.
(Ward 4)
Improvement Agreement with Abrams Family
Trust for Conditional Use Permit No. P98-
0794, located on Truxtun Avenue, west of
Truxtun Plaza West. (Ward 5)
Agreement to sell City owned real property at 3500
Panorama Drive. (Ward 3)
Agreement with Jerry E. Randall, dba Noriega
House, to provide financial assistance for the
acquisition of equipment and fixtures related to the
restoration of tea room, reception and conference
center, located at 1325 Baker Street. (Ward 2)
Agreement with the Kern High School District to
continue to provide security services for school
functions at Kern High School District locations.
Agreement with Fruitvale Properties, LLC to widen
and improve the north side of Hageman Road
between Calloway Drive and Riverlakes Drive. (Ward
4)
Agreement with Kyle Carter Homes, Inc. to purchase
real property located on Norris Road, extended west
of Calloway Ddve for $32,000 for use as a water well
site. (Ward 4)
ACTION TAKEN
AGR 99-3
ABS ROWLES
AGR 99-4
ABS ROWLES
AGR 99-5
ABS ROWLES
AGR 99-6
ABS ROWLES
AGR 99-7
AGR 99-8
DEED 4985
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 99-10
AGR 99-11
AGR 99-12
DEED 4986
Bakersfield, California, January 13, 1999- Page 8
CONSENT CALENDAR continued
Settlement Agreement with John Lynn Knight and
Martha Sproul Knight, Trustees of the Knight
Revocable Living Trust dated December 6, 1995 to
acquire real property located at 615 16th Street for
$105,660 for the new Amtrak Station Project. (Ward 2)
Settlement Agreement with Michael S. and Cheryl
Kay Artz to acquire real property located at 731 16th
Street for $315,000 for the Q Street Underpass
Project. (Ward 2)
Easement Agreement with Kern Water Bank
Authority for construction of turnout facility in City
2800 Acres Recharge Facility. (Ward 4)
q. Agreements with Valley Communities, Inc.:
Agreement to purchase real property located
west of Highway 5, south of Taft Highway for
$8,500,000 for disposal of effluent water.
Appropriate $8,600,000 Fund Balance to the
Capital Improvement Budget within the
Wastewater Treatment Fund.
Agreement to lease real property, located
west of Highway 5, south of Taft Highway.
r. Amendments to Seismic Retrofit with Caltrans:
Amendment No. I to Agreement No. 96-298
to eliminate deadline of June 30, 1998 for
cost reimbursement.
Amendment No. I to Agreement No. 98-11 to
eliminate deadline of June 30, 1998.
Amendment No. 1 to Agreement No. 97-323 with
Carollo Engineers for engineering services, 1998
Wastewater Treatment Plant No. 3 Cogeneration
Modifications in the amount of $20,000. (Ward 6)
Amendment No. 1 to Agreement No. 98-131 for
inspection services with Taber Consultants for
construction inspection services for public works
projects, in the amount of $50,000.
ACTION TAKEN
AGR 99-13
DEED 4990
DEED 4991
AGR 99-14
DEED 4988
AGR 99-15
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 96-298(1)
AGR 98-11(1)
AGR 97-323(1)
AGR 98-131(1)
Bakersfield, California, January 13, 1999 - Page 9
CONSENT CALENDAR continued
Amtrak Station Project and Q Street Grade
Separation Project: (Ward 2)
Contract Change Order No. 1 to Amtrak
Station Project Agreement No. 98-273,
$98,000, with HPS Plumbing Services, Inc.,
for the installation of an extension to the Kern
Island Canal Culvert·
Construction and Maintenance Agreement
with Burlington Northern and Santa Fe
Railway Company, $40,000, for their work
involved in the installation of an extension to
the Kern Island Canal Culvert.
Bids:
Accept bid from Rain For Rent, $49,227.75, for two
additional trailer mounted water pumps for Street
Maintenance Division·
Reject all bids for one Light and Air Van Body for the
Fire Department.
Accept bid from Central Valley Truck Center,
$305,124.11 for two replacement dump trucks.
Appropriate $106,000 Fund Balance to the
Public Works Department Operating Budget
within the Equipment Management Fund.
Reject all bids for Annual Contract for HUD curbs,
gutters and sidewalks.
Miscellaneous:
z. Street Maintenance:
Transfer $112,000 of appropriations from the
Capital Improvement Budget to the Streets
Division Operating Budget within the Gas Tax
Fund.
Appropriate $288,000 Fund Balance to the
Streets Division Operating Budget within the
Gas Tax Fund.
ACTION TAKEN
AGR 99-18
10
Bakersfield, California, January 13, 1999 - Page 10
CONSENT CALENDAR continued
aa.
Appropriate $43,134 PG&E rebate and suite upgrade
improvements reimbursements to the Capital
Improvement Budget within the Arena Project Fund.
(Ward 2)
bb.
Appropriate $60,778 Bureau of Justice Assistance
Grant monies for the City's contribution to the Police
Activities League Center renovation project. (Ward 2)
CC.
Transfer of $9,111 from Council Contingency to the
Non-Departmental Budget in the General Fund for
annual membership in the National League of Cities.
dd.
Chamber of Commerce - Greater Bakersfield 2020
Vision Report. (Staff recommends referral to the
Urban Development Committee)
Rowles announced abstention on Consent Calendar Items
d., u. 1., 2., and aa., due to employer participation in project,
Items h. 2. through 6. and k., due to source of income to
employer.
Motion by Carson to adopt Consent Calendar Items a.
through cc. with the deletion of Item dd. and separate
consideration of Items j. and q.
ACTION TAKEN
ABS ROWLES
DELETED
APPROVED
Agreement with Jerry E. Randall, dba Noriega
House, to provide financial assistance for the
acquisition of equipment and fixtures related to the
restoration of tea room, reception and conference
center, located at 1325 Baker Street. (ward 2)
Motion by DeMond to approve Consent Calendar Item j.
AGR 99-9
APPROVED
Agreements with Valley Communities, Inc.:
Agreement to purchase real property located
west of Highway 5, south of Taft Highway for
$8,500,000 for disposal of effluent water.
AGR 99-16
DEED 4989
ABS ROWLES
Appropriate $8,600,000 Fund Balance to the
Capital Improvement Budget within the
Wastewater Treatment Fund.
ABS ROWLES
Bakersfield, California, January 13, 1999- Page 11
CONSENT CALENDAR continued
q. 3. Agreement to lease real propert;,, located
west of Highway 5, south of Taft Highway.
Motion by Couch to approve Consent Calendar Item q.
ACTION TAKEN
AGR 99-17
APPROVED
HEARINGS
Resolution adopting fees pursuant to the Cost
Recovery System.
Assistant City Manager John Stinson provided a brief
update.
Hearing opened at 8:05 p.m.
The following individuals spoke in support of staff
recommendation: Steve Martin, Kern County
Contractors Association; Laura Snydermann,
Building Industry Association.
Hearing closed at 8:07 p.m.
Motion by Rowles to adopt the resolution.
Negative Declaration for proposed acquisition and
use of farmland related to the expansion of
Wastewater Treatment Plant No, 2.
Hearing opened at 8:13 p.m.
The following individuals spoke in opposition of staff
recommendation: Robert Colson, Section 9; Nonni
Baily, Section 28; Verner Steinhuff, Section 14; Bob
LaRue, Bear Mountain Recreation District; Steve
Lewis, Arvin Water Shortage District; and Charles
Arias.
The following individuals spoke in support of staff
recommendation: Dennis Fox and Jerry Hilt, Hilt
Engineering Inc.
Ingrid Colson spoke in opposition in rebuttal.
RES 4-99
APPROVED
Hearing closed at 8:30 p.m.
Bakersfield, California, January 13, 1999 - Page 12
HEARINGS continued
Motion by Carson to refer this issue back to staff
to contact concerned residents to remedy
concerns and also refer this issue to the Water
Board.
ACTION TAKEN
APPROVED
10. REPORTS
None.
11.
DEFERRED BUSINESS
Ordinance amending Chapter 2.92.090(C)(8) of the
Bakersfield Municipal Code relating to Fire
Department Disability and Retirement Board Meeting
- Powers. (First reading 12/9/98)
Motion by Salvaggio to adopt the ordinance.
ORD 3880
APPROVED
12.
NEW BUSINESS
Resolution authorizing the closing of certain blocks of
20th Street and parts of G Street for the Fox Theatre
Foundation fund-raising event. (Ward 2)
Motion by DeMond to adopt the resolution.
RES 5-99
APPROVED
13.
COUNCIL STATEMENTS
Salvaggio referred to staff a letter from the Greenfield
School District requesting a letter of support for their
application for a Healthy Start Operational Grant and
asked staff to prepare a letter for him.
Salvaggio requested staff inform him of the date of the
pre-construction meeting for Panama No. 12 Annexation
sewer improvements.
Salvaggio requested staff provide an update regarding
the road improvements on Calcutta Drive between
Monitor Street and South H Street.
Salvaggio requested City Manager Tandy review the
issue of playground equipment at Wilson Park to be
included in the Budget.
Bakersfield, California, January 13, 1999 - Page 13
13.
COUNCIL STATEMENTS continued
Salvaggio requested City Manager Tandy review the
issue of curbs and gutters and widening of Panama
Lane to be included in the Budget.
Couch thanked staff for their rapid responses to some
of his questions and reiterated the request by DeMond,
for copies of the video tape of the December 16, 1998
Southgate Annexation meeting
DeMond thanked General Services Superintendent Brad
Underwood for attending the meeting.
DeMond referred to Public Works the issue of road
repairs, surface is separating, on Bernard Street, from
Union Avenue east; and maintenance of infrastructure.
Sullivan expressed appreciation to Assistant City Attorney
Walt Porr for his comments; thanked Chief Assistant City
Attorney Robed Sherfy for doing a great job; and welcomed
new City Attorney Bad Thiltgen.
Sullivan requested staff schedule the issue of the
possibility of a skate park for discussion at a
Community Services Committee meeting.
Sullivan referred to Public Works a phone message from
David Buckner, 398-6166, regarding road improvements
on Wilson Road between Akers and Stine Roads and
requested staff respond and also provide her with the
information.
Sullivan stated she has received a lot of calls regarding
the South Beltway Freeway; requested staff bring the
Council current on all issues regarding the proposed
route; and requested a tour of the proposed area,
individually or as a Council workshop.
Maggard referred to staff the issue of erosion on
Panorama and River Boulevard, the time-line for repairs
and requested a written response.
Maggard referred to Recreation and Parks the issue of
summer programs at Siemon Pool
Rowles referred to the Urban Development Committee a
letter from the Kern Transportation Foundation
regarding the one-half cent sales tax.
ACTION TAKEN
Bakersfield, California, January 13, 1999 - Page 14
13.
COUNCIL STATEMENTS continued
Rowles thanked Recreation and Parks Director Stan Ford for
expeditiously responses to issues.
Rowles thanked Chief Assistant City Attorney Bob Sherfy for
doing an outstanding job over the last seven months; and
welcomed new City Attorney Bad Thiltgen.
Rowles referred to City Manager Alan Tandy and Public
Works Director Raul Rojas, the issue of bio solids and
requested that the information provided show the
location of parks, Arvin-Edison recharge area, and
homes in the area; address the issue of periodic water
testing and provide information regarding the water
process; flooding issues; and provide a written
response in layman's terms.
Rowles referred to Public Works the issue of re-paving
Center Court, in Laurel Glen area and the entrance to
Tamarack Pines.
Rowles referred to Public Works a request from the CHP,
regarding the feasibility of the City taking over the
maintenance of the CHP Memorial
Rowles thanked City Manager Tandy and Centennial Garden
Executive Director Jim Foss for providing a tour of the
Centennial Garden to the group financing the new Fresno
State Bulldog Basketball Arena.
Carson thanked Couch for the information packet he
provided her.
Carson referred to the Budget and Finance Committee
Councilmember Couch's concerns on the investments.
Carson thanked Assistant City Attorney Bob Shefly for a job
well done and welcomed new City Attorney Bart Thiltgen.
Carson thanked Mayor Price for the proclamation
recognizing January 18, 1999 as Dr. Martin Luther King Jr.
Day.
ACTION TAKEN
Bakersfield, California, January 13, 1999 - Page 15
3. CLOSED SESSION continued
Motion by Carson to recess back into Closed Session at
8:50 p.m.
Conference with Legal Counsel §54956.9(a) -
Existing Litigation; Palm/Olive Concerned Citizens vs.
City of Bakersfield; Kern County Supedor Court Case
No. 236109
Motion by DeMond to adjourn from Closed Session at
10:25 p.m.
ACTION TAKEN
APPROVED
APPROVED
14.
ADJOURNMENT
Motion by Carson to adjourn at 10:31 p.m.
",~AYOR~f the ~ity of Bakersfield, CA
ATTEST:
APPROVED