HomeMy WebLinkAbout06/30/99 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 30, 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
5:40 p.m.), Sullivan, Salvaggio
None
ACTION TAKEN
2 WORKSHOP
a. Bakersfield Police Activities League (PAL) Program.
Officer Pete Fox, Director of Activities, provided a
Computer Presentation, an overview of community
activities for children provided by PAL and introduced
Police Chief Matlock, Assist Chief Rector and
Captain Mahan.
Motion by Rowles to recess to Closed Session at 6:45
p.m.
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of
Government Code Section 54956.9; Kristopher K.
Spain, et al. vs. Wymon R. Johnson; City of
Bakersfield, et al.; Kern County Superior Court Case
No. 237494-AEW
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-
APPROVED
NAT
NAT
164
Bakersfield, California, June 30, 1999 - Page 2
CLOSED SESSION continued
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of
Government Code Section 54956.9; City of
Bakersfield, etc. vs. Kern Delta, et al.; Kern County
Superior Court Case No. TBA
Conference with Legal Counsel - Anticipated
Litigation; Significant exposure to Subdivision (b) of
Government Code Section 54956.9; This closed
session is authorized pursuant to Section
54956(b)(3)(B) of the Government Code. (One case)
ACTION TAKEN
NAT
NAT
Motion by DeMond to adjourn from Closed Session at
6:55 p.m.
APPROVED
REGULAR MEETING
1. INVOCATION by Kevin Harrel, Deacon, First Assembly of God
Church
PLEDGE OF ALLEGIANCE
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles, Sullivan,
Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected
on Pages 1 and 2.
Mayor Price announced Hearings Item b. has been
withdrawn by the applicant, Cloud 9 Hollywood, Inc.
Motion by Cason to add an item that arose after the
agenda was posted and requires action this evening.
CONSENTCALENDAR
hh.
Resolution supporting a downtown location for the
High Speed Rail Station.
APPROVED
Bakersfield, California, June 30, 1999 - Page 3
165
PRESENTATION S
None.
ACTION TAKEN
PUBLIC STATEMENTS
The following individuals spoke regarding the Kern
River Freeway: Brian Todd, representing Building
Industry Association, submitted written material;
Robyn Cady, Kern Unit of California Trucking
Association.
Greg Rosen, President's Council, spoke regarding
the Y2K Conversion and Community Conversation.
John Lotze spoke regarding improvement of bicycle
facilities, lanes, signal timing etc. and submitted
written material.
d. Ann G. Bigler spoke regarding funding for the
Bakersfield Symphony Orchestra.
Richard Watkins spoke regarding appointment votes
to the Fire Civil Service Board.
Roger Mclntosh, representing Building Industry
Association, spoke regarding the budget.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
June 16, 1999 regular Council Meeting and Special
Joint Council and Central District Development
Agency meeting of June 16, 1999.
Payments:
Payments from June 5, to June 18, 1999 in the
amount of $7,641,614.62; and Self Insurance
payments from June 5, to June 18, 1999 in the
amount of $51,261.
166
Bakersfield, California, June 30, 1999 - Page 4
,
CONSENT CALENDAR continued
Resolutions:
Resolution confirming assessment for sewer
connection fee as requested by applicant and
authorizing the collection of assessments by the Kern
County Tax Collector.
Resolution amending the official list of designated
speed zones, pursuant to Sections 22357 and 22358
of the California Vehicle Code and Chapter 10.24 of
the Bakersfield Municipal Code. (Wards 4, 5, 6)
Resolution adding territory, Area 4-13 (Miramonte,
178) 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
3)
Resolution of Application proposing proceedings for
annexation of territory by annexing to the City of
Bakersfield property identified as Annexation No.
405, located south of Olive Drive, west of Freeway
99, north of Rosedale Highway and east of Fruitvale
Avenue, requested by Kyle Cader Homes. (Ward 4)
Resolution authorizing the Finance Director to
dispense with usual bidding procedures and to
purchase Autoscope Systems and Cameras for the
1998/99 Resurfacing Streets, Phase Two Project, not
to exceed $30,000. (Ward 6)
Resolution regarding the use of Housing Set-Aside
Monies outside the Downtown Redevelopment
Project Area
Appropriation of $800,000 from Fund Balance
in the CDDA Operating Budget in the
Redevelopment Housing Set-Aside Fund.
,
Agreement with Golden Empire Affordable
Housing, Inc. for Home Investment
Partnership Program funds for a 80-unit
Senior Project, north of Central Park. (Ward 2)
ACTION TAKEN
RES 91-99
RES 92-99
RES 93-99
RES 94-99
ABS ROWLES
RES 95-99
REMOVED FOR
SEPARATE
CONSIDERATION
167
Bakersfield, California, June 30, 1999 - Page 5
CONSENT CALENDAR continued
Fiscal Year 1998/99 Budget Amendments:
Amendment No. 3 to Resolution No. 94-98
approving and adopting the City of
Bakersfield Operating and Capital
Improvement Budget for Fiscal Year 1998/99.
Amendment No. 3 to Resolution No. 95-98
approving and adopting the Central District
Development Agency Operating and Capital
Improvement Budget for Fiscal Year 1998/99.
Agreements:
Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement with
DeWalt Group, Inc. for Tract 5716, Phase 7,
located north of Granite Falls Drive, east of
Main Plaza Drive. (Ward 4)
Final Map and Improvement Agreement with
DeWalt Group, Inc. for Tract 5716, Phase 8,
located north of Granite Falls Drive, east of
Main Plaza Drive. (Ward 4)
Improvement Agreement with Castle & Cooke
Commercial, Calif., Inc., for Parcel Map
10426, located north of District Boulevard,
east of Gosford Road. (Ward 4)
Agreement with Agri-Fuels, Inc., to purchase of
Country Blend Compost from City's Mount Vernon
Recycling Center. (Ward l)
Agreement with County of Kern for Design and
Construction of a portion of Calloway Drive, south of
Shellabarger Road. (Ward 4)
Agreement with California Water Service Company
and Olcese Water District for Detachment of Lands
and Sale of Water in the Olcese Water District area.
Agreement with Muxlow Construction to provide
handicap accessibility improvement services to
qualified low-income residents in privately owned
structures, not to exceed $50,000.
ACTION TAKEN
RES 94-98(3)
RES 95-98(3)
AGR 99-146
AGR 99-147
AGR 99-167
ABS MAGGARD
ROWLES
AGR 99-148
AGR 99-149
AGR 99-150
ABS ROWLES
AGR 99-151
168
Bakersfield, California, June 30, 1999 - Page 6
CONSENT CALENDAR continued
Agreement with Playsafe, LLC, $38,020 to provide
consultant services for the preparation of a Master
Plan for Recreation Facilities and Programs.
Agreement with the County of Kern regarding Jail
Booking Fees.
Consultant Agreement with Carollo Engineers for
Wastewater pretreatment program modification, not
to exceed $33,600.
Bakersfield Amtrak Station and Q Street Grade
Separation:
Construction and Maintenance Supplemental
Agreement, $331,693 with Burlington
Northern and Santa Fe Railway Company for
the Q Street Underpass.
Construction and Maintenance Agreement,
$0.00 with Burlington Northern and Santa Fe
Railway Company for widening of the Chester
Avenue Underpass associated with the new
Bakersfield Amtrak Station.
Construction and Maintenance Agreement,
$4,149,249 with Burlington Northern and
Santa Fe Railway Company for the new
Bakersfield Amtrak Station. (Ward 2)
Amendment No. 1 to Agreement No. CA99-2 with
Kimble, MacMichael & Upton for outside legal
services regarding the Chapter 11 petitions filed by
Valley Communities, Inc. and Buena Vista Lake
Properties in the matter of City of Bakersfield vs.
Valley Communities, Inc., James R. Trigueiro, et al.,
Kern County Superior Court Case No. 238380 SPC
Contract Change Order No. 1, $21,262.50 to
Contract No. 99-74 with Leo Tidwell Excavating
Corp., for extending traffic signal interconnect by
1890 linear feet on South H Street from Belle Terrace
to Loustalot Way.(Wards 1,7',~
Contract Change Order No. 5, $45,294.03 to
Agreement No. 97-335, with Kiewit Pacific
Construction Company, for the Wastewater
Treatment Plant No. 2 Upgrade and Expansion
Project for extra work, time and materials. (Ward 1)
ACTION TAKEN
AGR 99-152
AGR 99-153
AGR 99-154
AGR 99-155
ABS ROWLES
AGR 99-156
ABS ROWLES
AGR 99-157
ABS ROWLES
AGR 99-158
Bakersfield, California, June 30, 1999 - Page 7
169
CONSENT CALENDAR continued
Bids:
Award Contract to ConCastCo Inc., $49,999 for
installation of pump station for Silvercreek Drainage
Basin No. 161, for the Water Resources Department.
(Ward 6)
Award Contract to ConCastCo, Inc.., $64,378 for
installation of wash pad at Green Waste Recycling
Center. (Ward 1)
Award Contract to Halopoff and Sons, Inc., $112,754
for storm drain construction at Bank Street-Cypress
Street to Myrtle Street and Myrtle Street, north of
Brundage Lane. (Ward 2)
Award Annual Contract to Sturgeon & Son,
Incorporated, for earthmoving and hauling, not to
exceed $779,504.
Award annual Contract to Kern Sprinkler
Landscaping, Incorporated to furnish and plant trees
within City area, not to exceed $54,030.
aa.
Award Annual Contract to Delta Construction Inc.
dba C.F. Construction, for curbs. gutters and
sidewalks, not to exceed $1,165,335.
bb.
Installation of traffic signal and lighting system on
Brimhall Road at Allen Road: (Ward 4)
Award Contract to A-C Electric Company,
$121,640.37.
Appropriate $15,000 Fund Balance to the
Capital Improvement Budget within the
Transportation Development Fund.
CC.
Award Contract to Griffith Construction Company,
$239,284 for installation of traffic signal and lighting
system on Brimhall Road at Jewetta Avenue. (Ward 4)
ACTION TAKEN
CON 99-159
CON 99-160
CON 99-161
CON 99-162
ABS COUCH
CON 99-163
CON 99-164
CON 99-165
ABS MAGGARD
CON 99-166
Bakersfield, California, June 30, 1999 - Page 8
CONSENT CALENDAR continued
Miscellaneous:
dd. Intermodal Surface Transportation Funds:
Appropriate $5,000 Federal Surface
Transportation Funds for the traffic signal at
Planz Road and Sandra Drive to the Capital
Improvement Budget within the Surface
Transportation Program Fund.
Appropriate $148,820 Federal Surface
Transportation Funds for the 1996-97
Resurfacing Project to the Capital
Improvement Budget within the Surface
Transportation Program Fund.
ee.
Appropriation of a $30,000 loan payment to the
Community Development Operating Budget in the
CDBG fund.
Appropriate $208,000 Economic Development
Revolving Loan prepayments to the Capital
Improvements Budget in the Capital Outlay Fund for
a City Council Chambers telecommunications
system.
gg. City Council Goals.
hh.
Resolution supporting a downtown location for the
High Speed Rail Station.
Couch requested a correction to the minutes under Council
Statements; spelling correction of Citi Bank and the addition
of the following language which was left off: "nor is his firm
involved with City funds or investments."
Couch announced abstention on Consent Calendar Item y.
due to source of income.
Maggard announced abstention on Consent Calendar Items
j. 3. and bb. 1. due to source of income.
Rowles announced abstention on Consent Calendar Items
f., h. 1., 2., and j.3. due to source of income to employer and
Items m. r. 1.2. And 3. due to previous company
involvement.
Motion by Carson to adopt Consent Calendar Items a.
through hh., with correction to item 8. a. and separate
consideration of Item 8. h.
ACTION TAKEN
RES 97-99
APPROVED
Bakersfield, California, June 30, 1999 - Page 9
CONSENT CALENDAR continued
Resolution regarding the use of Housing Set-Aside
Monies outside the Downtown Redevelopment
Project Area.
Appropriation of $800,000 from Fund Balance
in the CDDA Operating Budget in the
Redevelopment Housing Set-Aside Fund.
Agreement with Golden Empire Affordable
Housing, Inc. for Home Investment
Partnership Program funds for a 80-unit
Senior Project, north of Central Park. (Ward 2)
Motion by DeMond to adopt Consent Calendar
Item h.
ACTION TAKEN
RES 96-99
ABS ROWLES
ABS ROWLES
AGR 99-f45
ABS ROWLES
APPROVED
ABS ROWLES
HEARINGS
Continued public hearing to consider resolution
ordering the vacation of a 50 foot portion of the
dedicated (waived) vehicular access rights on White
Lane, west of Ashe Road at the northwest corner of
Parcel 3 of Parcel Map No. 9290. (Ward 6)
Maggard announced abstention due to source of
income.
Public Works Director Raul Rojas provided a brief
update.
Mayor Price recognized Mike Callagy and Harold
Robertson to speak.
Motion by Sullivan to adopt the resolution.
RES 98-99
APPROVED
AB MAGGARD
Appeal by Sam Lee representing Cloud 9 Hollywood
regarding the Board of Zoning Adjustment's denial of
a conditional use permit to allow a night club as part
of a family entertainment facility that would include a
video arcade, restaurant and billiards within an
existing shopping center building, and a modification
to reduce the required parking from 914 spaces to
405 spaces, located at 3041 Wilson Road and is
within a Regional Commercial zoning district. (Ward 7)
WITHDRAWN
NAT
172
Bakersfield, California, June 30, 1999 - Page 10
HEARINGS continued
Assistant City Clerk Barnhard announced
correspondence has been received from Sirion
(Sam) Lee, representing Cloud 9 Hollywood, Inc.,
dated June 28, 1999 withdrawing their appeal. Also
six letters in opposition to the proposed projected
were received on June 29, 1999.
Hearing to consider Senate Bill 160, Citizens Option
for Public Safety, regarding $495,000 Supplemental
Law Enforcement Funding.
Hearing opened at 7:35 p.m.
No one spoke at the hearing.
Hearing closed at 7:35 p.m.
Motion by Salvaggio to approve the expenditures.
Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessments of
cedain 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. (Ward 1, 2, 3, 6, 7)
Development Services Director Hardisty requested
Items 6 and 8, properties located at the northeast
corner of Geneva and Chester Avenue and north of
3321 Horn Street be removed from the resolution.
Hearing opened at 8:35 p.m.
Gary Nowak spoke in opposition of staff
recommendation.
Hearing closed at 8:40 p.m.
Development Services Director Hardisty provided
written material and introduced Chief Code
Enforcement Officer Randy Fidler who provided an
overhead presentation.
DeMond requested the property located at 525
Beech Street be removed from the resolution and
a meeting with staff to discuss this issue prior to
July 21, 1999 Council meeting.
Motion by Carson to adopt the resolution with the
removal of Items 6, 8, and property located at 525
Beech Street
ACTION TAKEN
APPROVED
RES 99-99
APPROVED
Bakersfield, California, June 30, 1999 - Page 11
10.
REPORTS
None.
ACTION TAKEN
11.
DEFERRED BUSINESS
Ordinance amending and deleting sections of
Chapters 17.52 and 17.54 of Title 17 (Zoning) of the
Bakersfield Municipal Code related to the authority
granted the Planning Director to approve
modifications to site plans for approved development
projects in Planned Unit Development and Planned
Commercial Development zones. (First reading May
26, 1999)
Motion by Salvaggio to adopt the ordinance.
ORD 3903
APPROVED
Ordinance approving and adopting the
Redevelopment Plan for the Old Town Kern-Pioneer
Project. (Wards 1, 2, 5) (First reading June 16, 1999)
Motion by DeMond to adopt the Ordinance.
ORD 3904
APPROVED
Ordinance approving and adopting the
Redevelopment Plan for the Southeast Bakersfield
Project. (Wards 1,2) (First reading June 16, 1999)
Motion by Carson to adopt the ordinance.
Ordinance amending Chapters 15.04, 15.12, 15.16,
15.20, 15.24, 15.28,15.32 and 15.64 of the
Bakersfield Municipal Code relating to the Uniform
Code for Building and Construction and the Uniform
Fire Code. (First reading June 16, 1999)
ORD 3905
APPROVED
ORD 3906
ORD 3907
ORD 3908
ORD 3909
ORD 3910
ORD 3911
ORD 3912
ORD 3913
Motion by Salvaggio to adopt the ordinances.
APPROVED
Ordinance adding Subsection D.5 to Section
3.20.060 of the Bakersfield Municipal Code relating
to Design/Build. (First reading June ?6, 1999)
ORD 3914
Motion by Salvaggio to adopt the ordinance. APPROVED
Bakersfield, California, June 30, 1999 - Page 12
11.
DEFERRED BUSINESS continued
f. Fiscal Year 1999/00 Budget:
1. Options regarding refuse rate increase.
Resolution authorizing the Mayor to execute
Promissory Note for a loan of $2,100,000
from the City's Equipment Management Fund
to the City's State Gas Tax Fund.
Resolution approving and adopting the City of
Bakersfield Operating and Capital
Improvement Budget.
Resolution approving and adopting the
Operating and Capital Improvement Budgets
for the Central District Development Agency.
Resolution establishing the City of Bakersfield
appropriations limit.
City Manager Alan Tandy provided an update and
refuse rate increase alternatives.
Motion by Rowles to set the refuse rate increase
at $4.00 and take additional surplus monies to
start planning on the closure of the landfill.
Motion by Carson to adopt items 2, 3, 4 and 5.
ACTION TAKEN
RES 113-99
RES 100-99
RES 101-99
RES 102-99
RES 103-99
APPROVED
NS DEMOND
APPROVED
12,
NEW BUSINESS
Ordinance relating to Establishment of Boundaries
(Ward Reapportionment).
Ordinance amending Section 2.28.030 of the
Bakersfield Municipal Code relating to creation and
appointment of Planning Commission.
Correspondence has been received from Marti
Kemper, Planning Commissioner, dated June 28,
1999 stating her opposition to the proposed changes
to the appointment of the Planning Commission.
City Attorney Bad Thittgen provided a brief update.
Mayor Pdce recognized Marti Kemper who spoke in
opposition of staff recommendation.
FR
Bakersfield, California, June 30, 1999 - Page 13
12.
13.
NEW BUSINESS continued
b. Councilmember Couch submitted written material
Motion by Couch to direct staff to amend the
ordinance to reflect original committee
recommendations and the changes he submitted;
schedule a joint meeting of the Urban
Development Committee and Planning
Commission meeting to receive input; bring back
report and Ordinance for first reading to the fu~
Council at the July 21, 1999 meeting.
Ordinance amending Chapter 5.56, Sections
5.56.010 et seq., of the Bakersfield Municipal Code
relating to Transient Outdoor Businesses.
COUNCIL STATEMENTS
Salvaggio referred to Staff a memo from Rojas to Tandy
regarding using CDBG Funds for curb, gutters and
sewers, Referral Record WF0018111/001, and wants to
know if staff is actively reviewing the use of those funds
for the Old Pacheco 10 area.
Salvaggio referred to Public Works the issue of a
conflict with the southern entrance on Hughes Lane to
the Holiday Inn Express and Smoke Tree Mobile Home
Estates.
Salvaggio referred to Public Works the issue of
relocation of the power pole on Panama Lane, and
requested staff call Mr. Bolton. Mr. Rojas responded.
Salvaggio referred to Development Services the
continuing problem of noise and debris being thrown
out of the windows on the south side of the Garden
Suites Hotel into neighbors yards, and requested a
memo from staff, explaining how this matter was
overlooked.
Sullivan expressed appreciation for the traffic speed limit
reductions in her ward.
Sullivan referred to Public Works the issue of road work
on White Lane.
Sullivan referred to staff the issue of using the
newspaper to advertise the street sweeping schedule.
Maggard thanked staff for responding to various service
calls.
ACTION TAKEN
APPROVED
FR
Bakersfield, California, June 30, 1999 - Page 14
13.
COUNCIL STATEMENTS continued
Couch thanked City Manager Alan Tandy and Finance
Director Greg Klimko for the works they did regarding the
solicitation of local financial institutions for City Investments.
DeMond requested Traffic Engineer Steve Walker call
her regarding 17rh Street issue.
Rowles referred to Public Works Director Raul Rojas the
issue of potholes at the intersection of Gosford and
Calle Espada.
Rowles referred to Public Works the issue of resurfacing
Stockdale Highway from Ashe Road to Real Road and
requested an update.
Rowles thanked Code Enforcement for the/r work and
requested staff provide policy on how the City responds
to Code Enforcement issues and report back to Council.
Couch thanked Chief Code Enforcement Officer Randy
Fidler for all the work he has done for him.
Couch referred to the Legislative and Litigation
Committee the voting and nomination procedure for
Board and Commission appointments.
Couch referred to Public Works Mr. John Lotze Public
Statement and his concerns with bike lanes within the
City.
Carson requested Staff provide a status report regarding
the 8th and T stop sign issue.
Carson requested staff provide a status report regarding
the demolition of the Union Avenue hotels.
ACTION TAKEN
14.
ADJOURNMENT
ATTEST:
of the
CA
APPROVED