Loading...
HomeMy WebLinkAbout05/12/99 MINUTES CC107 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 12,1999 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.rn. PRE-MEETING ROLL CALL Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Maggard (seated at 5:21 p.m.), Couch, Sullivan, Salvaggio Councilmember Rowles ACTION TAKEN 2. WORKSHOP a. Overview of the Proposed FY 99/2000 Budget. Assistant City Manager John Stinson provided a computer budget overview, provided written material and distributed the proposed budget; Darnell Haynes, Assistant to City Manager, provided information regarding budget comparison; and City Manager Alan Tandy spoke regarding Council goals and their effects on the budget. NAT Motion by Carson to add an item which arose after the agenda was posted, which requires action at this meeting. Conference with Legal Counsel §54956.9(a) Existing Litigation; CallOak Development Properties, L.P. vs City of Bakersfield, et al., Kern County Superior Coud Case No. 235614-AEW APPROVED AB ROWLES CONTINUED TO END OF MEETING Motion by Carson to recess to Closed Session at 5:50 p.m. APPROVED AB ROWLES CLOSED SESSION Conference with Legal Counsel - Potential Litigation, Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9. One potential case. CITY ATTORNEY AUTHORIZED TO INITIATE LITIGATION 104 Bakersfield, California, May 12, 1999 - Page 2 CLOSED SESSION continued b, 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. ACTION TAKEN NO REPORTABLE ACTION Motion by Carson to recess from Closed Session at 6:58 p.m. Closed Session continued on Page 11. REGULAR MEETING 1. INVOCATION by Bishop Colon Bywater, The Church of Jesus Christ of Latter-Day Saints PLEDGE OF ALLEGIANCE by Councilmember Sullivan ROLL CALL Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Maggard, Couch, Rowles, Sullivan, Salvaggio None APPROVED CLOSED SESSION ACTION Mayor Price announced Closed Session Action as reflected on Pages 1, 2 and 11. PRESENTATIONS Mayor Price, assisted by Councilmembers Rowles and Vice-Mayor Carson, presented a Proclamation and Certificates to The Bakersfield Dragons, Youth Ice Hockey State Champions, proclaiming May 12, 1999 as "Bakersfield Dragons Day". Mayor Price presented a Proclamation to Raul Rojas, Public Works Director, proclaiming May 16-22, 1999 as "National Public Works Week". Bakersfield, California, May 12, 1999 - Page 3 Mayor Price announced Hearings 9.c., Daystar Development, has been withdrawn and will not be heard tonight. ACTION TAKEN PUBLIC STATEMENTS June Adkins spoke regarding animals in entertainment in the City of Bakersfield and provided written material and a video. DeMond requested staff copy the video provided by June Adkins and return the original back to her. The following individuals spoke regarding the Young Male Leadership Conference: James Tyson, Larry Bowman, requested a proclamation designating the week of May 24-28, 1999 as Young Males Responsibility Week; Emilio Martinez, Charles Young; and presented t-shirts to Council. April Berkheimer spoke regarding Massage Training Institute and provided written material. d. Becky Kaiser spoke regarding words of wisdom. Couch requested staff meet with him regarding the annexation process. e. Barbara Fields spoke regarding garbage services. APPOINTMENTS None. CONSENTCALENDAR Minutes: a. April 28, 1999 Council Meeting. Payments: Payments from April 17, to April 30, 1999 in the amount of $6,057,143.34; and Self Insurance payments from April 17, to April 30, 1999 in the amount of $106,809.60. 106 Bakersfield, California, May 12, 1999 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Resolutions: Co Resolution of Intention No. 1189 preliminarily adopting, confirming and approving Public Works Director's Report for the Consolidated Maintenance District and the 1999-2000 Budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. ROI 1189 Resolution of Intention No. 1190 preliminarily adopting, confirming and approving Public Works Director's Report for the Consolidated Maintenance District and the 1999-2000 Budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. ROI 1190 Resolution of Intention No. 1192 preliminarily adopting, confirming and approving Public Works Director's Report for the Traffic Signal Maintenance Districts and the 1999-2000 Budgets; setting time and place for hearing protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts, (Ward 4) ROi 1192 Assessment District No. 99-1 (Polo Greens/River Oaks): (Ward 4) Resolution accepting petition and determining to undertake special assessment proceedings. RES 59-99 Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services. AGR 99-110 Agreement with Lotion, DeL. ancie, for legal services, Disclosure Counsel. AGR 99-111 Agreement with Wilson & Associates for assessment engineering purposes. AGR 99-112 Agreements: Agreement to sell City owned real property at 3908 Panorama Drive. (Ward 3) AGR 99-113 DEED 5041 Bakersfield, California, May 12, 1999 - Page 5 CONSENT CALENDAR continued ho Agreement with Kyle Carter Homes, inc. for Olive Drive and Calloway Drive sewer improvements, not to exceed $369,593.12. (Ward 4) Agreement with the State of California, Department of Transportation, Program Supplement No. 051 for partial reimbursement of the City project to construct a traffic signal at College Avenue at Fairfax Road. (Ward 3) Agreement with Wm. Bolthouse Farms, Inc. to lease City owned real property for farming operations, located at the northeast corner of Cottonwood Road and Hosking Avenue for an initial term of three years with one year extensions subject to City approval. (Ward 3) Purchase Agreement, $560,000 with Nalbandian and Hutson Partnership to acquire real property located approximately one-half mile west of Fairfax Road on the north side of Sunset Boulevard extended for future wastewater spreading operations. Covenant and Agreement to construct offsite public street improvements for Rivertakes Ranch. (Ward 4) Resurfacing various streets, Fiscal Year 1997-98: (Wards 1, 2, 4, 5, 6) Contract Change Order No. 2, $174,448.83, to Contract No. 98-206 with Griffith Company for various items of extra work. Appropriate $35,000 Fund Balance to the Capital Improvement Budget within the Gas Tax Fund. Q Street Underpass, Chester Avenue Underpass widening and related track work at the Burlington Northern and Santa Fe Railway tracks: (Ward 2) Contract Change Order No. 2, $108,139, to Contract No. 99-49 with Griffith Company, for the removal of overhead communication lines and poles. ACTION TAKEN AGR 99-114 AGR 99-115 AGR 99-116 AGR 99-117 DEED 5043 AGR 99-1 f8 108 Bakersfield, California, May 12, 1999 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Bids: Award Contract to W.M. Lyles Co., $134,496 for B Street sewer replacement. (Ward 2) CON 99-119 Accept bid from Controlco Automation, $30,408.91 for SCADA Telemetry Equipment for Telecommunications Division. Reject bid from Patscheck Construction Co., $200,468.23 for construction of Coffee Road sound wall, Olive Drive to Weldon Avenue. (Ward 4) Miscellaneous: Quitclaim Deed to Greenfield School District as part of an exchange of sewer easement for Benton/Planz Sewer Lift Station. (Ward 7) DEED 5042 Motion by Carson to adopt Consent Calendar Items a. through r. APPROVED City Attorney Bart Thiltgen introduced Jackie Jennings of the Law Office of Lofton, DeLancie. 9. HEARINGS Resolution ordering the vacation of Eye Street between 14th Street and the Burlington Northern Santa Fe Railway for County of Kern parking facility. (Ward 2) RES 60-99 Hearing opened at 7:38 p.m. No one spoke. Hearing closed at 7:38 p.m. Motion by DeMond to adopt the resolution. APPROVED lO,c Bakersfield, California, May 12, 1999 - Page 7 9. HEARINGS continued ACTION TAKEN Two ordinance amendments related to park credits for multiple-service medical and recovery care facilities. Ordinance amending Section 15.80.020 and adding Section 15.80.125 to Title 15 of the Bakersfield Municipal Code relating to park land dedication in-lieu fee credit for multiple- service medical and recovery care facilities· (First reading April 28, 1999) ORD 3896 Ordinance amending Section 15.82.020 and adding Section 15.82.065 to 'Title 15 of the Bakersfield Municipal Code relating to park development fee credit for multiple-service medical and recovery care facilities. (First reading April 28, 1999) ORD 3897 Maggard announce conflict of interest due to source of income. Hearing opened 7:41 p.m. Henry Agonia, North Bakersfield Recreation and Parks District, expressed concerns regarding the In- Lieu Ordinance, Section d. Michael Abril, Borton, Petrini, & Conron, representing Carriage Inc. spoke in support of staff recommendation· Hearing closed at 7:45 p.m. Motion by Rowles to adopt the ordinances. APPROVED AB MAGGARD Request for financial assistance/bncentives for Daystar Development - The Grand Canal. (Ward 7) NAT Correspondence was received from Mr. Yehuda Netanel, representing Daystar Development, dated May 11, 1999, withdrawing their request. Motion by DeMond to move Deferred Business Items a. thru c. and New Business Item a. forward on the Agenda. APPROVED 110 Bakersfield, California, May 12, 1999 - Page 8 11. DEFERRED BUSINESS ACTION TAKEN ao Ordinance changing the zoning from One Family Dwelling to One Family Dwelling-Church on 10 acres at the southwest corner of Snow Road and Calloway Drive, ZC No. P99-0054. (First reading April 28, 1999) (Ward 4) ORD 3898 Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-30 from Light Manufacturing to Central Commercial on 15 acres, located between 21't and 24th Streets, east of R Street, west of the Kern Island Canal, ZC P98- 0749. (First reading April 28, 1999) (Ward 2) ORD 3899 Ordinance changing the zoning from One Family Dwelling-Church to Planned Unit Development, located approximately 1,000 feet west of Oswell Street, ZC P98-0991. (First reading April 2& 1999) (Ward 3) ORD 3900 Motion by DeMond to adopt Deferred Business Items a. thru c. APPROVED 12. NEW BUSINESS Amendment No. 1 to Agreement No. 98-16 with Ogden Entedainment. AGR98-f6(1) City Manager Alan Tandy provided a brief update and introduced Tim Ryan and Jim Foss of Ogden Entertainment, who provided additional information. Motion by Carson to approve the agreement. APPROVED Mayor Price recessed the meeting at 8:05 p.m. and reconvened at 8:15 p.m. 10. REPORTS City Manager's Report No. 3-99 regarding Freeway Update. NAT Public Works Director Raul Rojas provided brief comments and introduced Engineering Services Manager Jack LaRochelle, Civil Engineer IV Marian Shaw, Water Resources Director Florn Core and Mary Frederick of Caltrans, Ron Brummett of Kern COG, who provided the Freeway Update. Bakersfield, California, May 12, 1999 - Page 9 111 13. COUNCIL STATEMENTS Maggard referred a previous referral to staff to review the possibility of a joint meeting with the City Council and Board of Supervisors and requested this issue be placed on the next agenda. Maggard referred a previous referral to Staff to review the possibi~ty of softening the 3-minute public statements time limit and requested this issue be placed on the next agenda. Maggard referred to staff the i'ssue of improving Downtown parking through a joint effort between the City and County and requested staff discuss this issue with Supervisor Peterson and his staff prior to discussion in the Urban Development Committee. Maggard thanked staff for their efforts in responding to his requests. Maggard requested staff draft a letter, similar to Mayors letter, regarding AB 1035. Couch supported the request for a joint City/County meeting regarding parking Downtown. Couch requested staff also prepare a letter regarding AB 1035. Couch referred to staff the issue of televised Council meetings and asked that it be placed on the next agenda. Couch thanked Public Works Director Raul Rojas, Engineering Services Manager Jack LaRochelte, and Public Works Operations Manager Joe Lozano for their work at Riverlakes parking lot area. Couch thanked staff for their work on the Fruitvale Properties agreement. Couch requested staff provide a response to the Memo he provided regarding City Investments. Couch thanked Public Works Director Raul Rojas for the cost analysis on freeway alternatives. Salvaggio requested staff prepare the resolution regarding the labor agreement with the Firefighters. ACTION TAKEN Bakersfield, California, May 12, 1999 - Page 10 13. COUNCIL STATEMENTS continued Salvaggio referred to staff the issue of salary compaction at management level in the Fire Department. Salvaggio requested staff determine 'which would be most effective, individual letters or a letter from the whole council regarding AB 1035. Salvaggio expressed concerns regarding the DeJa Vu billboards and requested staff prepare a letter to the property owners and Martin Advertising, encouraging removal of the DeJa Vu advertising. Salvaggio referred to staff the issue of constructing a sound waft at Coffee Road and requested staff be aggressive in the bid re-advertising. Salvaggio thanked the Building Division for their continued work on White Lane and El Potrero Lane area. DeMond requested Public Works Director Raul Rojas talk with her regarding the demolition of the J & S on Baker Street. DeMond stated she will provide staff with information regarding the Museum for distribution to Council. Rowles requested staff prepare a series of letters regarding AB 1035 and a resolution to be brought to Council in two weeks. Rowles referred to Public Works Director the issue of traffic speed limits from Oak Street, east, on Truxtun to Downtown and requested a speed study of this area. Rowles stated there is interest to place a skate park in the old Ice Palace and requested staff contact Cary Ryan, Action Sports, prior to the Community Services Committee meeting in June. Mayor Price announced he had a meeting with Ray Bishop, Airport, and he would like to give Council an update. ACTION TAKEN Bakersfield, California, May 12, 1999 - Page 11 , Motion by Carson to recess back into Closed Session at 9:50 p.m. CLOSED SESSION continued Conference with Legal Counsel §54956.9(a) - Existing Litigation; Cal/Oak Development Properties, L.P. vs City of Bakersfield, et al., Kern County Superior Court Case No. 235614-AEW Motion by DeMond to Adjourn from Closed Session at 10:20 p.m. ACTION TAKEN NO REPORTABLE ACTION APPROVED 14. ADJOURNMENT Motion by Carson to adjourn at 10:20 p.m. MAY~"gf t!'~' Ci f l~;kersfield, CA ATTEST: CITY CLERK and Ex OfficiOClerk of the Council of the City of Bakersfield APPROVED 114