Loading...
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