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HomeMy WebLinkAbout07/21/99 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 21, 1999 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 177 PRE-MEETING ROLL CALL Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Maggard (seated at 5:22 p.m.), Couch, Sullivan (seated at 5:25 p.m.), Salvaggio Councilmember Rowles ACTION TAKEN 2. WORKSHOP a. "First Night"® Event Economic Development Director Jake Wager provided a brief presentation, and introduced several Arts Council Members and Development Associate Jan Fulton who showed a "First Night" video and gave a brief overview of events currently scheduled for Bakersfield's First Night, December 31, 1999. Wastewater Treatment Plant Update Public Works Director Raul Rojas introduced Wastewater Manager Fred Kloepper who gave a computer slide presentation and provided written material. Recreation and Parks Master Plan Recreation & Parks Director Stan Ford provided an overhead slide presentation and introduced Sam DeFlippo, Play Safe, who provided written material. Motion by Carson to adjourn at 5:50 p.m. CLOSED SESSION None. 178 Bakersfield, California, July 21, 1999 - Page 2 REGULAR MEETING INVOCATION by Don Leonard, First Assembly of God PLEDGE OF ALLEGIANCE by Councilmember DeMond ROLL CALL ACTION TAKEN CLOSED SESSION ACTION None. PRESENTATIONS Presentation to by Mayor Price of Proclamation to Melvin Thompson, from The Church of Jesus Christ of Latter Day Saints, proclaiming JuDy 24, 1999, as "Pioneer Day at the Kern County Museum", PUBLIC STATEMENTS a. Doris Taylor spoke regarding Mt. Elgon and provided written material. b. The following individuals spoke regarding annexations: Barbara J. Fields and Richard Pellerin. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. June 30, 1999 Council Meeting. Bakersfield, California, July 21, 1999 - Page 3 1 79 CONSENT CALENDAR continued Payments: Payments from June 19, 1999, to July 9, 1999, in the amount of $9,528,780.20; and Self Insurance payments from June 19, 1999, to July 09, 1999 in the amount of $880,702.58. Resolutions: Resolution of Intention No. 1199 declaring the City's intention to add territory, Area 2-19 (Gosford, District SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6) Assessment District No. 99-1, (Polo Greens/River Oaks). Resolution Preliminarily Approving Engineer's Report, setting date for public hearing of protests. (Ward 4) Resolution of the City Council adopting a maintenance and operation plan for the recently constructed Kern River Levee (south of Stockdale Highway and west of Buena Vista Road). (Ward 4) fo 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 of Application proposing proceedings for annexation of territory by annexing to the City of Bakersfield property identified as Annexation No. 406, located at the northeast corner of Pacheco Road and Eve Street. (Ward 1) h. Salaries and Related Benefits: Resolution setting salaries and related benefits for officers of the General Supervisory, Police Supervisory and Management Units. Transfer $157,355 Council Contingency to the departmental Operating Budgets within the General Fund for salary adjustments. ACTION TAKEN ROI 1199 ABS ROWLES RES 104-99 RES 105-99 RES 106-99 RES 107-99 REMOVED FOR SEPARATE CONSIDERATION 180 Bakersfield, California, July 21, 1999 - Page 4 CONSENT CALENDAR continued Resolution proposing Expansion No. 14 of the boundaries of the Southeast Metropolitan Bakersfield Enterprise Zone. (Ward 1) Agreements: Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with Thomas M. Hardt and Leslie G. Hardt for Tract 5924 located on the north side of East Brundage Lane and East of Oswell Street. (Ward 1 ) Final Map and Improvement Agreement with Ennis Homes for Tract 5433 Phase 3 located north of Berkshire Road and west of Akers Road. (Ward 6) Final Map and Improvement Agreement with Syroli IV for Tract 5895 Phase 2 located south of White Lane and west of South "H" Street. (Ward 7) k. Construction Inspection Services: Amendment No. 1 to Agreement No. 98-130 with T.W. Collins Associates for Construction Inspection Services to extend term of agreement. (No increase) Amendment No. 2 to Agreement No. 98-131 with Taber Consultants for Construction Inspection Services to extend term of agreement. (No increase) Amendment No. I to Agreement No. 97-191 with BSK & Associates for an additional $8,000 for construction-phase materials testing services at Wastewater Treatment Plant No. 2. IWard l) Property acquisition at the south west corner of Buck Owens Boulevard and Rio Mirada Drive. (Ward 5) Agreement to purchase property from Motor Property Partners for $20,000. ACTION TAKEN RES 109-99 AGR 99468 AGR 99-190 AGR 99469 ABS ROWLES AGR 99470 AGR 98-130(1) AGR 98-131(2) AGR 97-191(1) AGR 99-171 DEED 5086 Bakersfield, California, July 21, 1999 - Page 5 CONSENT CALENDAR continued m. 2. Appropriate $21,000 fund balance to Public Works Capital Improvement Budget within the Sewer Enterprise Fund. Agreement with Normal Development Corporation, a California corporation, to allow for reimbursement for sewer line over sizing. (Ward 4) Agreement between the City of Bakersfield and Bakersfield Housing Investors II for sewer service at owner's expense. Located at the north east corner of Eve Street and Pacheco Road. (Ward l) Agreement with Paul T. Coombs & Sons to lease City owned real property for farming operations located at the Northwest corner of Bear Mountain Blvd. and Fairfax Road for an initial term of 3 years with 1 year extensions subject to City approval. (Ward 3:) Amend agreements to prepare an Environmental Impact Report (EIR) for the South Beltway Transportation Corridor project located between State Route-58 and Interstate-5 in central Kern County and the southern portion of the City of Bakersfield and appropriate $13,200 in federal funds and $1,710 fund balance to the Capital Improvement Program budget within the Surface Transportation Program and the Gas Tax funds respectively. Amendment No. 1 to Memorandum of Agreement No. 96-302 (MOA) between the City of Bakersfield and the Kern Council of Governments to provide supplemental funding for additional environmental analysis of the South Beltway Corridor. Amendment No. 1 ¢o Agreement No. 97-86 between the City of Bakersfield and URS Greiner Woodward Clyde International Americas, Inc. for $14,910 to prepare additional EIR analysis of the South Beltway Corridor. ACTION TAKEN AGR 99-172 AGR 99-173 AGR 99-174 AGR 96-302(1) AGR 97-86(1) 182 Bakersfield, California, July 21, 1999 - Page 6 CONSENT CALENDAR continued r. Clinica Sierra Vista, Inc.: r. (Ward 1) Termination of Agreement No. 97-308 with Clinica Sierra Vista, Inc.for the acquisition of a 27,000 square foot parcel located at 711- 725 California Ave. Authorization for staff to open escrow with Mexican American Opportunity Foundation (MAOF) for future transfer of title. Agreement with Pleasant Holidays, LLC., to provide $250,000 of financial assistance for miscellaneous equipment and fixtures related to construction of a reservations call center facility. (Ward 6) North of River Sanitary District project generally located south of Olive Drive to Rosedale Highway between State Route Highway 99 and Fruitvale Avenue. (Wards 4 & 5) Agreement between Kyle Carter, and the City of Bakersfield for the preparation of an Environmental Impact Report (EIR) and appropriate $135,773 developer's contribution to the Development Services Operating Budget in the General Fund. Agreement between Robed Bein, William Frost & Associates and the City of Bakersfield for $123,430 to prepare an Environmental Impact Report (EIR) for the North of River Sanitary District project generally located south of Olive Drive to Rosedale Highway between State Route 99 and Fruitvale Avenue. Panama No. 12 annexation area (Dennen Street) sewer connection fees: (Ward 7) Agreements with several property owners to pay sewer connection fee in installments and notice of special assessment lien. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION AGR 99-175 ABS ROWLES AGR 99-176 AGR 99-177 AGR 99-178 AGR 99-179 AGR 99-180 AGR 99-181 AGR 99-182 AGR 99-183 AGR 99-184 AGR 99-185 AGR 99-186 Bakersfield, California, July 21, 1999 - Page 7 183 CONSENT CALENDAR continued u. 2. Resolution confirming assessment for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. v. Traffic Operations Center: (Ward 1) Agreement with the State of California, Department of Transportation, Program Supplement Agreement No. MO16 for the construction of a Traffic Operations Center in the City Hall Annex. (Estimated Project Cost of $756,018 of which $669,303 is Federal Funds and the remaining $86,715 is the local match). Appropriate $78,553 Federal Funds and $19,415 Fund Balance to the Capital Improvement Budget within the Intermodel Surface Transportation Fund and Gas Tax Fund respectively. W, Amendment No.2 to Agreement No. 96-220 with Psychology Systems, Inc., a division of PacifiCare Behavior Health, for Employee Assistance Program (EAP). Amendment No. 3 to Agreement No. 97-140 with Tiburon, Inc. regarding software maintenance services for City's Computer Aided Dispatch and Records Management Systems for $101,410. Bids: Accept bid to award annual contract to Oscar Hargis & Son, not to exceed $332,110 for hauling and spreading dried biosolids at the wastewater treatment plants. Accept bid to award annual contract to Upland Development, Incorporated, not to exceed $58,500 for Woodwaste/Greenwaste Grinding and Screening service. aa. Reject all bids for Resurfacing Various Local Streets in the City of Bakersfield 1999-2000: Phase One. (Wards 1,2, 3, 4, 5) ACTION TAKEN RES 110-99 AGR 99-187 A GR 96-220(2) AGR 97-140(3) CON 99-188 CON 99-189 184 Bakersfield, California, July 21, 1999 - Page 8 CONSENT CALENDAR continued bb. Reject bids for modular, multi-unit office trailer. CC. Accept bids from Burst Communications, $137,859.15, and Century Systems, $19,707.19 for video broadcast equipment for the City Council Chamber. Total $157,566.34. dd. Reject all bids for the Police Pistol Range Building Addition on 3419 Truxtun Avenue. (Ward 4) Miscellaneous: ee. Minor Public Works Projects: Appropriate $4,000 Fund Balance for Various Improvements within the City's Right-of-Way to the Capital Improvement Budget within the State Transportation Development Act (TDA) Article 8 Fund. Appropriate $2,000 TDA Article 3 Pedestrian Bike Funds to Purchase Bicycle Racks and Lockers to the Capital Improvement Budget within the State Transportation Development Act (TDA) Article 3 Fund. Appropriate $10,251 Developer Contribution for Median Improvements along Panama Lane to the Capital Improvement Budget within the Transportation Development Fund. (Ward 7) ft. Appropriations for Assessment District bonds calls: Appropriate $82,400 fund balance to the debt service budget within the Buena Vista Assessment District fund. Appropriate $82,400 prepayments to the debt service budget in the Public Financing Authority debt fund. Appropriate $329,600 fund balance to the debt service budget within the California/Oak Assessment District fund. gg. Approval of Community Development Block Grant (CDBG) Amendment No. 12 (FY 96/97), Amendment No. 6 (FY 97/98), Amendment No. 4 (FY 98/99), and Amendment No. 1 (FY99/00). ACTION TAKEN Bakersfield, California, July 21, 1999 - Page 9 185 CONSENT CALENDAR continued hh. Request to increase the single family rehabilitation loan limit authorization to $35,000 and to continue the authorization to combine amortized and deferred loans not to exceed the maximum loan to value ratio. ii. Quitclaim of drainage easements within Parcel Map 10054, located at the northwest Corner of Coffee Road and Olive Drive, to Pavillion Development Three, a California general partnership. (Ward 4) jj. Public Works employee request to extend medical leave without pay beyond one hundred-eighty days, pursuant to Municipal Code Section 2.84.560 - Sick Leave Depletion. Rowles announced abstention on Consent Calendar Items c., j.2., and t. due to source of income to employer and Items n. and ii. due to client owning property nearby. Motion by Carson to adopt Consent Calendar Items a. through jj., with separate consideration of Items h. and r. ACTION TAKEN DEED 5085 APPROVED Salaries and Related Benefits: Resolution setting salaries and related benefits for officers of the General Supervisory, Police Supervisory and Management Units. Transfer $157,355 Council Contingency to the departmental Operating Budgets within the General Fund for salary adjustments. Motion by Maggard to adopt Consent Calendar Item h, Clinica Sierra Vista, Inc.: r. (Ward 1) Termination of Agreement No. 97-308 with Clinica Sierra Vista, Inc.for the acquisition of a 27,000 square foot parcel located at 711- 725 California Ave. APPROVED ABS COUCH 186 Bakersfield, California, July 21, 1999 - Page 10 CONSENT CALENDAR continued r. 2. Authorization for staff to open escrow with Mexican American Opportunity Foundation (MAOF) for future transfer of title. Motion by Carson to approve Consent Calendar Item r. ACTION TAKEN APPROVED HEARINGS a. Hillside Development Ordinance: Ordinance amending Title 17 of the Bakersfield Municipal Code by adding Chapter 17.66 for a Hillside Development (HD) zoning district and defining standards for a Hillside Development (HD) zoning district. (City wide) (Negative Declaration on file) Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map Nos. 82-35, 103-01,103-02, 103-10, 103-11, 103-12,103-t3, 103-14,103-15, 103-16,103- 17, 103-18,104~01,104-02, 104-03,104-04, 104-05, 104-06, 104.-07, 104-08, 104-09, 104- 10, 104-11,104-12, 104-13, 104-14, 105-05, and 105-06 by adding the HD zone as a combining zone in those areas generally having slopes exceeding eight (8) percent located primarily in the northeast part of the City of Bakersfield. (Negative Declaration on file) (Wards 2 & 3) Hearing opened at 7:39 p.m. Brian Todd, Building Industry Association, spoke in support of staff recommendation. Hearing closed at 7:40 p.m. FR FR Resolution confirming 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 12,3, 5 & 7) RES 111-99 Bakersfield, California, July 21, 1999 - Page 11 187 o HEARINGS continued Development Services Director Jack Hardisty requested the following be removed from the list: #1. 3507 Anderson Street; #5. Vacant lot north of 400 Brundage Lane; #6.430 Brundage Lane; #37.1324 Quincy Street. Assessments on these properties have been paid. Hearing opened at 7:41 p.m. No one spoke at hearing. Hearing closed at 7:41 p.m, Motion by Carson to adopt the resolution as amended. ACTION TAKEN APPROVED 10. REPORTS None. 11. DEFERRED BUSINESS Ordinance deleting Chapter 1.12 of the Bakersfield Municipal Code in its entirety and adding thereto a new Chapter 1.12 relating to the establishment of ward boundaries. Motion by Carson to adopt the ordinance. ORD 3915 APPROVED Ordinance amending Chapter 5.56, sections 5.56,010 et seq., of the Bakersfield Municipal Code relating to Transient Outdoor Businesses. Motion by Carson to adopt the ordinance. ORD 3916 APPROVED Resolution confirming the report of the Chief Code Enforcement Officer regarding assessment of 525 Beech Street for the abatement of certain weeds, debris and waste matter. (Ward 2) Development Services Director Jack Hardisty stated additional policies have been established. RES 112-99 Motion by DeMond to adopt the resolution. APPROVED 188 Bakersfield, California, July 21, 1999- Page 12 11. DEFERRED BUSINESS continued Ordinance amending Section 2.28.030 of the Bakersfield Municipal Code relating to Creation and Appointment of Planning Commission. Motion by Salvaggio to carl for the question. Motion by Couch to give first reading to the ordinance to a~ow each Councilmember to nominate a Planning Commissioner to be confirmed by the furl council, with the order to be determined by lottery, by ordinance. ACTION TAKEN FR APPROVED NS ROWLES SULLIVAN APPROVED NS CARSON ROWLES SULLIVAN 12. NEW BUSINESS Ordinance amending subsection B of Section 14.12.390 of the Bakersfield Municipal Code relating to sewer connection fees in cases of economic hardship. FR 13. COUNCIL STATEMENTS Mayor Price provided a brief report on the High Speed Rail meeting held in San Francisco on July 20th and 21st. Mayor Price presented "2000 Millennium" pins to the Council. Salvaggio thanked Code Enforcement Division, Recreation & Parks and Division, Police Department and Public Works staff for their efforts and assistance. Salvaggio referred to Development Services the issue of 'Wo Parking" signs on Los Carneros Street; and the issue of a 4~h story add-on to the restoration of Holiday Inn at El Potrero. Salvaggio referred to staff the issue of replacing the "No Parking" signs on El Potrero by Del Taco and the former J's Coffee Shop. Salvaggio thanked Mike Conners, Streets Division, for his prompt response to a request for street sweeping; and Gene Bogart for the letter to legislatures for parkway funds. Salvaggio requested staff supervise the contractor doing the curb/gutter on Panama Lane. 189 Bakersfield, California, July 21, 1999- Page 13 13. COUNCIL STATEMENTS continued Maggard thanked Jack Leonard, Jack Hardisty, Dennis Fidler, Jim Eggert and Raul Rojas for their assistance in resolving the apartment complex issues. Maggard requested staff review the possibility of providing an answering machine to leave after hour calls. Maggard asked that Council send a letter urging that Highway 46 be improved immediately. Public Works Director Raul Rojas responded to questions regarding survey and will prepare a letter. Couch submitted miscellaneous referrals to staff. Couch referred to Water Resources Committee the issue of water recharge, purchase of future land, and asked that information be provided at the next Water Resources Committee meeting. Couch referred to Legislative and Litigation Committee the issue of voting for all other boards and commission appointments. DeMond referred to Staff a request from Steve Williford, Bakersfield Racquet Club, regarding street enhancement at Truxtun to f8th Street. DeMond referred to Public Works the issue of street lighting at 17th Street, near Arena. DeMond requested Public Works Director Raul Rojas meet with her to discuss responses to Longfellow Survey. DeMond thanked Police Depadment and Code Enforcement staff for the neighborhood watch meeting. Sullivan thanked Depadment Heads and staff for their assistance, and Mayor Price for the pin. Sullivan referred to staff the issue of street sweeping and the possibility of advertising the schedule to allow residents to remove their cars for effective street sweeping, also wants to move forward and try to get the extra street sweeper in next year's budget.. Sullivan recognized her mother in the audience and announced she recently celebrated her 80th birthday. ACTION TAKEN 190 Bakersfield, California, July 21, 1999- Page 14 13. COUNCIL STATEMENTS continued Rowles requested staff fully evaluate the street sweeping issue and look for ways to enhance current service and costs associated. Rowles thanked Mayor Price and Jack LaRochelle for attending the High Speed Rail meeting in Sacramento. Rowles referred to Urban Development the goal of Downtown Park and Square for discussion and advised he will provide information regarding the Shirett Process. Rowles stated he received information from Cal Trans regarding Highway 46 and will provide copies to Council. Rowles referred to Urban Development or Budget and Finance Committees the issue of street sweeping. Carson referred to Public Works a letter from Mr. Raines, 17 South King Street, regarding illegal dumping problem. Carson referred to staff a letter from Ms. Prado, regarding children playing in the street and transforming a vacant lot into a neighborhood park. Carson thanked staff for repairing the pot hole in alley behind her office. Carson requested staff review the issue of using CDBG monies to repair pot holes in alleys. ACTION TAKEN 14. ADJOURNMENT Motion by Carson to ~lj~?in at 9:05 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex ~fficio Cle~ Council of the City of Bakersfield APPROVED