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HomeMy WebLinkAbout04/14/99 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 14, 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 (seated at 5:23 p.m.), Couch, Rowles (seated at 5:24 p.m.), Sullivan (seated at 5:23 p.m.), Salvaggio None ACTION TAKEN 2. WORKSHOP a. Planning Commission Interviews Applicants Tony H. Lomas; David S. James;Thomas J. McGinnis; Henry R. Pacheco; Ronald C. Sprague; and Michael W. Turnipseed made introductory comments and participated in a question and answer discussion. Appicants Michael K. Foster did not attend; and Kenneth C. Mason withdrew his application. Motion by Carson to recess to Closed Session at 6:02 p.m. APPROVED CLOSED SESSION ao Conference with Legal Counsel - Potential Litigation; Significant exposure to litigation pursuant to Subdivision (b)(3)(C)of Government Code Section 54956.9; One potential case. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9; City of Bakersfield, etc. vs Valley Communities, Inc., etc., et al.; Kern County Superior Court Case No. 238380-RA CLOSED SESSION NOT CONDUCTED NO REPORTABLE ACTION TAKEN Bakersfield, California, April 14, 1999 - Page 2 3. CLOSED SESSION continued ACTION TAKEN Conference with Legal Counsel- Potential Litigation; Significant exposure to litigation pursuant to Subdivision (b)(3)(A) of Government Code Section 54956.9; One Potential Case NO REPORTABLE ACTION Motion by DeMond to adjourn from Closed Session at 7:04 p.m. APPROVED REGULAR MEETING ACTION TAKEN INVOCATION by Bishop Kirk Russell of The Church of Jesus Christ of Latter-Day Saints 2. PLEDGE OF ALLEGIANCE by Doug Wade of Scout Troop 316 3. ROLL CALL Present: Mayor Price, Councilmembers Carson, DeMond, Maggard, Couch, Rowles, Sullivan, Salvaggio Absent: None 4. CLOSED SESSION ACTION Mayor Price announced Closed Session Action as reflected on Pages 1 and 2. 5. PRESENTATIONS Mayor Price presented a proclamation to Jeanne Radsick, President-Elect of the Bakersfield Association of Realtors, proclaiming the month of April, 1999 as Fair Housing Month. 6. PUBLIC STATEMENTS The following individuals spoke regarding annexations: Becky Kaiser and Barbara Fields. Brenda Rattiff spoke regarding "National Volunteer Week" and provided written material. Carson requested staff provide Council with the annexation information referenced by Becky Kaiser. Bakersfield, California, April 14, 1999 - Page 3 APPOINTMENTS Two appointments to the Planning Commission due to the expiration of terms of Robert Ortiz Jr., and Wade Tavorn, terms expiring April 17, 1999. First Ballot votes ranked by preference for the first Four-Year position: Ward 1 - Sprague, Pacheco, Turnipseed Ward 2 - Foster, McGinnis, James Ward 3 - Sprague, Turnipseed, Lomas Ward 4 - Sprague, Pacheco Ward 5 - Sprague, Turnipseed, James Ward 6 - Sprague, McGinnis, James Ward 7 - McGinnis City Clerk McCarthy announced the two individuals receiving the highest number of votes were Ronald C. Sprague and Thomas J. McGinnis. Saivaggio referred to the Legislative and Litigation Committee review of committee voting procedures. DeMond referred to the Legislative and Litigation Committee the issue of continuing the alternate position on the Planning Commission. Second Ballot votes for the first Four-Year Position: Ward I - Sprague Ward 2 - McGinnis Ward 3 - Sprague Ward 4 - Sprague Ward 5 - Sprague Ward 6 - Sprague Ward 7 - Sprague City Clerk McCarthy announced the individual receiving the highest number of votes was Ronald C. Sprague. Motion by Carson to appoint Ronald C. Sprague, term to expire April f 7, 2003. ACTION TAKEN APPROVED Bakersfield, California, April 14, 1999- Page 4 APPOINTMENTS continued First Ballot votes ranked by preference for the second Four-Year position: Ward 1 - Pacheco Ward 2 - Foster, McGinnis, James Ward 3 - Turnipseed, Lomas Ward 4 - Pacheco, McGinnis Ward 5 - Turnipseed, Pacheco, James Ward 6 - McGinnis Ward 7 - McGinnis City Clerk McCadhy announced the two individuals receiving the highest number of votes were Thomas J. McGinnis and Henry Pacheco. Second Ballot votes for the Position: Ward I - Pacheco Ward 2 - McGinnis Ward 3 - Pacheco Ward 4 - Pacheco Ward 5 - McGinnis Ward 6 - McGinnis Ward 7 - McGinnis second Four-Year City Clerk McCarthy announced the individual receiving the highest number of votes was Thomas J. McGinnis. Motion by Carson to appoint Thomas J. McGinnis, term to expire April 17, 2003. Carson requested that the Legislative and Litigation Committee also review the possibility of making appointments by Ward. ACTION TAKEN APPROVED CONSENT CALENDAR Minutes: a. March 31, 1999 Council Meeting. Payments: b, Payments from March 20, to April 2, 1999 in the amount of $5,593,322.55; and Self Insurance payments from March 20, to April 2, 1999 in the amount of $89,224.80. Bakersfield, California, April 14, 1999 - Page 5 CONSENT CALENDAR continued Resolutions: Resolution of Intention No. 1187 declaring the City's intention to add territory (Area 1-15, Stockdale, Calloway) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Intention No. 1191 declaring the City's intention to add territory (Area 2-18, Buena Vista, Ming) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Intention No. 1193 declaring the City's Intention to order the vacation of Eye Street between 14th Street and the Burlington Northern Santa Fe Railway. (Ward 2) Resolution approving City Annexation No. 401, Proceeding No. 1257, located east of Cottonwood Road, ¼ mile south of Panama Lane. (Panama No. 13) (Ward l) ge Resolution approving a Records Retention Schedule for the Recreation and Parks Department. Amendment No. I to Resolution No. 13-99 increasing amount to $28,000 for Fire Station alerting system (ZETRON). Agreements: i. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with SYROLI IV for Tract 5895 Phase 1 located on the west side of South H Street, south of White Lane. (Ward 7) Final Map and Improvement Agreements with Dandy and Associates for Tract 5937 located at the southwest corner of Hoskings Avenue and Akers Road. (Ward 6) ACTION TAKEN ROI 1187 AB MAGGARD ROWLES ROI 1191 AB MAGGARD ROWLES ROI 1193 RES 39-99 RES 40-99 RES 13-99(1) AGR 99-75 AGR 99-76 AGR 99-77 AGR 99-78 Bakersfield, California, April 14, 1999 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Agreement to indemnify LAFCO for City Annexation No. 401, Proceeding 1257, located east of Cottonwood Road, ¼ mile south of Panama Lane. (Panama No. 13) (Ward 1) AGR 99-79 Agreement with Tri-State Auction Company to sell surplus personal property consisting of used vehicles, equipment and police property room items. AGR 99-80 Agreement with Ken Porter Auction Company to sell surplus specialty vehicles. A GR 99-81 Agreement with Bethany Services Bakersfield Homeless Center for acquisition of property located at 1620 & 1626 E. Truxtun Avenue. (Ward 2) AGR 99-82 Agreement with Stier's Leisure Vehicles, Inc., to provide financial assistance, $60,000, for City permits, fees or equipment related to construction of a recreational sales and service facility. (Ward 7) AGR 99-83 Agreement to sell City owned real property at 3604 Panorama Drive. (Ward 3) AGR 99-84 DEED 5035 Amendment No. 4 to Agreement No. 92-154, City Manager's Contract. AGR 92-154(4) qo Amendment No. 1 to Agreement No. ED 98-7 with the Law Offices of Kathryn Reimann for Attorney services. AGR 99-85 Amendment No. 4 to Agreement No. 95-135 (Audit Contract) with Brown, Armstrong, Randall & Reyes, Accountancy Corporation. AGR 95-135(4) Bids Award Annual Contract to Kern Tuff Supply, Incorporated, not to exceed $39,654, for irrigation parts and supplies. CON 99-86 Award Annual Contracts to Waxie Sanitary Supply, not to exceed $43,928.82; and San Joaquin Supply Company, not to exceed $19,014.03, for janitorial supplies, total $62,942.85. CON 99-87 CON 99-88 Bakersfield, California, April 14, 1999 - Page 7 CONSENT CALENDAR continued Award Annual Contract to Granite Construction, not to exceed $250,520, for HUD and CDBG funded installation or repair of street surfaces within entitlement areas. Accept Bid from SVI Trucks, $215,915.70 for one light and air van body for the Fire Department (additional). Accept bid from Comp USA to purchase IBM Personal Computers, not to exceed $100,000. Miscellaneous: x. Appropriations for Marks-Roos Bond Pool Bond Call: Appropriate $870,000 unused bond proceeds to the debt service budget within the Northeast Sewer Assessment District Fund for a "local obligation" bond call. Appropriate and transfer $870,000 "local obligation" bond prepayments to the debt service budget within the Public Financing Authority Fund for a PFA Bond Call. Request by the Southeast Bakersfield Project Area Committee to establish a community office within the proposed Southeast Bakersfield Project Area. (Budget and Finance Committee recommends denial of the request) Sale of surplus police sedans (4) at $1,500 each to the Parks and Recreation Department of the County of Kern. aa. FY 1999/00 Annual Action Plan of the Consolidated Plan 2000 (CDBG, HOME, and ESG). Maggard announced abstention on Consent Calendar Items c. and d. due to source of income to employer. Rowles announced abstention on Consent Calendar Items c. and d. due to source of income to employer. Motion by Carson to adopt Consent Calendar Items a. through aa. ACTION TAKEN CON 99-89 APPROVED Bakersfield, California, April 14, 1999- Page 8 HEARINGS Appeal by Patrick Calley to the Board of Zoning Adjustment's approval of a Conditional Use Permit (P99-0069) to add recreational improvements to an existing 12 acre local park in a One Family Residential zone district at 4303 Patton Way. (Ward 4) Petitions were received on April 14, 1999 containing approximately 174 signatures in opposition to the proposed improvements to Emerald Cove Park. Hearing opened at 7:40 p.m. Motion by Couch to continue the hearing to August 11, 1999 and refer the matter to North Bakersfield Park and Recreation District Board. Hearing to receive public testimony to consider a request by ambulance providers to alter the current rate schedule. Resolution establishing supplemental ambulance service charges. Hearing opened at 7:43 p.m. No one spoke at hearing. Hearing closed at 7:44 p.m. Motion by Salvaggio to adopt the resolution. 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. (Wards 1, 2, 4, 7) Development Services Director Hardisty requested the removal of Item No. 15., property at 251 So. Union Avenue. Hearing opened at 7:45 p.m. ACTION TAKEN CONTINUED TO AUGUST 11, 1999 APPROVED RES 41-99 APPROVED RES 42-99 No one spoke at hearing. Bakersfield, California, Apdl 14, 1999 - Page 9 , HEARINGS continued c. Hearing closed at 7:45 p.m. Motion by Carson to adopt the resolution with the removal of the property at 251 So. Union Avenue. ACTION TAKEN APPROVED 10. REPORTS a= City Manager's Report No. 1-99 regarding Government Code Section 1090 and FPPC Regulations update information. City Attorney Bart Thiltgen provided a computer presentation. DeMond requested the City Attorney provide the Council with a legal opinion and guidelines pertaining to confidential issues in closed sessions and memorandums. 11. DEFERRED BUSINESS a. Resolution adopting the Negative Declaration for Proposed Acquisition and use of Farmland related to the Expansion of Wastewater Treatment Plant No. 2. Development Services Director Jack Hardisty provided a brief update. Motion by Salvaggio to adopt the resolution. Mayor Price moved Deferred Business Item b. to the end of New Business. b. Council Ward Reapportionment. RES 43-99 APPROVED 12. NEW BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map 123-18 by changing the zoning on 4.9 acres, located on the northwest corner of Campus Park Drive and Almaden Drive from a One Family Dwelling zone to a One Family Dwelling-Church zone. (Ward 4) FR Bakersfield, California, April 14, 1999- Page 10 12. NEW BUSINESS continued ACTION TAKEN Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-34 by changing the zoning of 0.68 acres, located on 200 block on the east side of Quantico Avenue from Light Manufacture zone to Limited Multiple Family Dwelling zone (P98-0940). (Ward 1) FR Co Ordinance adding Annexation No. 400 to Ward 4, located south of Rosedale Highway, east of the Friant-Kern Canal. (Rosedale No. 6) (Ward 4) FR AB ROWLES Rowles announced a potential conflict of interest on New Business Item c. due to client owning property in nearby area. 11. DEFERRED BUSINESS continued c. Council Ward Reapportionment. Development Services Director Jack Hardisty provided computer ward reapportionments as directed by Council. Mayor Price recessed the meeting at 8:30 p.m. and reconvened at 8:40 p.m. Carson directed staff to prepare a map with changes stated by Council, to bring back to Council for final review. 13. COUNCIL STATEMENTS Salvaggio referred to staff the clean up of the red brick medians on the Panama Lane Freeway overpass. Salvaggio referred to staff the monitoring of the rock medians on White Lane for trash and debris. Couch requested staff provide several scenarios regarding the referral to the Legislative and Litigation Committee for revising the voting procedures. Couch referred to staff the possibility of placing the Ward number on other committee agendas, such as the Board of Zoning, Planning Commission, etc. Bakersfield, California, April 14, 1999- Page 11 13. COUNCIL STATEMENTS continued DeMond requested staff notify County officials of a potential hazzard on the Hart Park rood near Haley Rood as it appears to be blocked with debris. Rowles referred to the Police Department speeding on Garnsey Avenue, north of Stockdale Highway. Rowles requested Public Works send a copy of the speed bump policy to a resident, he will provide the name to staff. Rowles referred a letter from Jay Rosenlieb regarding the sign ordinance to the Urban Development Committee and requested staff notify Mr. Rosenlieb of the meeting date this issue would be on the agenda. Rowles requested staff evaluate the possibility of having a school art display at City Hall. Rowles requested staff provide a public notice/mailing regarding the Community Services Committee's public meetings. Rowles referred to Urban Development Committee the issue of creating incentives to encourage Downtown business/property owners to plant trees in the Downtown area. Mayor Price stated there are artifacts from various Sister Cities and the possibility of providing display cases for these items. DeMond referred to Economic Development the possibility of using the display window of the vacant building at f9rh and Chester Avenue. Carson referred a previous referral regarding playing baseba~ in parks to the Legislative and Litigation Committee for review. ACTION TAKEN Bakersfield, California, April 14, 1999 - Page 12 14. ADJOURNMENT Motion by Carson to adjourn at 9:30 p.m. "'Af~I~rOR of the~'ity of Bakersfield, CA ATTEST: ACTION TAKEN APPROVED