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