HomeMy WebLinkAbout09/08/99 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 8, 1999
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
217
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard (seated at 5:28 p.m.),
Couch, Rowles (seated at 5:40 p.m.),
Sullivan (seated at 5:22 p.m.), Salvaggio
None
ACTION TAKEN
2. WORKSHOP
a. After School Program.
Recreation and Parks Director Stan Ford provided an
update on the program and introduced Recreation
Supervisor Linda McVicker and Recreation Specialist
Terri Ellison who provided a computer presentation
on "Bakersfield Best".
Assumptions in the Metropolitan Bakersfield 2010
General Plan.
Development Services Director Jack Hardisty
introduced Planning Director Stan Grady who
provided a computer presentation.
Carson requested staff provide additional information
regarding the proposed plans for blighted areas.
Couch requested staff provide him with a copy of the
presentation.
Bakersfield, California, September 8, 1999 - Page 2
CLOSED SESSION
Motion by Carson to add Closed Session item c. which
arose after the Agenda was posted and requires action
this evening.
Conference with Legal Counsel - Potential Litigation
Initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9; One potential
case.
Motion by Carson to recess to Closed Session at 6:45
p.m.
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
Conference with Real Property Negotiator pursuant
to Government Code Section 54956.8 regarding 2000
south Union Avenue; Negotiating Parties: City
Manager Alan Tandy, Finance Director Gregory
Klimko, Senior Real Property Agent Don Anderson
and County of Kern; Under Negotiation: Will concern
both price and terms of payment.
Motion by Rowles to recess from Closed Session at 6:57
p.m.
ACTION TAKEN
APPROVED
NO REPORTABLE
ACTION TAKEN
APPROVED
SEE PAGE lO
NO REPORTABLE
ACTION TAKEN
APPROVED
REGULAR MEETING
INVOCATION by Councilmember Carson
PLEDGE OF ALLEGIANCE by Councilmember Maggard
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles, Sullivan,
Salvaggio
None
Bakersfield, California, September 8, 1999 - Page 3
219
CLOSED SESSION ACTION
Mayor Price announced closed session action as reflected on
page 2 and announced Items a. and b. are still open, Council
will recess to Closed Session after the regular meeting, see
page 10.
ACTION TAKEN
PRESENTATIONS
Mayor Price presented a Proclamation to KC the Bull
and Jackie Harvey, representing the Fair, proclaiming
September 22 - October 3, 1999 as "Kern County
Fair Days".
PUBLIC STATEMENTS
Ricky Peterson spoke regarding Filson Street
cul-de-sac.
Couch requested staff address Mr. Peterson's
concerns and provide a status update.
Tony Hogg, Coleman Homes, requested formation of
a committee to address PCD at the intersection of
Stockdale and Buena Vista Road.
Couch requested staff investigate Mr. Hogg's
request and place this issue on the next agenda.
Paul Giboney spoke regarding Valley
Communities/Sludge and provided written material.
Rebecca Lewis spoke regarding sewer sludge from
outside of Kern County.
e. Becky Kaiser spoke regarding defining democracy.
f. Barbara Fields spoke regarding The Peoples Voice.
7. APPOINTMENTS
None.
Bakersfield, California, September 8, 1999 - Page 4
CONSENT CALENDAR
Minutes:
a. August 25, 1999 Council Meeting.
Payments:
b. Payments from August 14, to August 27, 1999 in the
amount of $4,722,010.47; and Self Insurance
payments from August 14, to August 27, 1999 in the
amount of $237,936.58.
Ordinances:
c. Ordinance adding Chapter 17 of the Bakersfield
Municipal Code relating to use of mail ballot elections
under Proposition 218.
Resolutions:
Resolution of Intention No. 1202 to add territory, Area
1-17 (Empire, Bahamas) to the Consolidated
Maintenance District and preliminary adopting,
confirming and approving Public Works Director's
Report. (Ward 5)
Resolution adding territory, Area 4-14 (Mesa Marin,
184) 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 appropriating $26,000 Asset Forfeiture
Funds to the Police Department Operating Budget in
the General Fund for the purchase of two police
service dogs, their training, necessary kennel facilities
and equipment.
Award of Contract to Dog Training Center of
California, Inc., in the amount of $21,600 for
the purchase of two police dogs and training.
ACTION TAKEN
REFERRED TO
LEGISLATIVE AND
LITIGATION
COMMITTEE
DELETED
RES 131-99
RES 132-99
CON 99-218
Bakersfield, California, September 8, 1999 - Page 5
CONSENT CALENDAR continued
Agreements:
g. Tract Maps/Improvement Agreements:
Final Map and ImprovementAgreements with
Coleman Homes, Inc. for Tract 5920, Unit 3
located north of Olive Drive, west of Coffee
Road. (Ward 4)
Final Map and Imprevement Agreementswith
Dandy and Associates for Tract 5950, Unit A
located at the southeast corner of Akers Road
and Hosking Avenue. (Ward 6)
Agreement to do improvements in-lieu of payment of
park development fees for Glenwood Gardens
Medical facility located at 350 Calloway Drive. (Ward
4)
Agreement with Albert G. Lawrence to purchase real
th
property located at 1015 13 Street for $40,000. (Ward
2)
Agreement with Kenneth F. Cooper, Trustee of the
Kenneth F. Cooper Revocable Trust, dated February
19, 1996 to donate real property located on the north
side of Stockdale Highway, west of Don Hart East
extended. (Ward 4)
Agreement with the Kern High School District for the
mutual use of facilities. (All Wards)
I. Kern River Parkway Property Acquisition:
Option Agreement for $10,000 with Silt
properties, inc. to acquire real property.
Purchase Agreement for $72,500 with Sill
Properties, Inc. to acquire real property
located east of Highway 99 between the
Cross Valley Canal and the Kern River
Channel. (Ward 2)
ACTION TAKEN
AGR 99-219
AGR 99-220
AGR 99-221
AGR 99-222
AGR 99-223
AGR 99-224
DEED 5114
AGR 99-225
DEED 5115
AGR 99-226
AGR 99-227
AGR 99-228
DEED 5116
22'
Bakersfield, California, September 8, 1999- Page 6
CONSENT CALENDAR continued
m. Kern River Bike Path: (Ward 4)
Agreement with California State University,
Bakersfield for construction of a bike path
across the University's campus for $150,000.
Appropriate $150,000 Transportation
Development Act Article 3 Funds to the
Capital Improvement Budget within the
Bikeway Pedestrian Pathway Fund.
Amendment No. I to Consultant's Agreement No.
97-29 with Sverdrup Civil, Inc., for an additional
$6,000 for construction management services at
Wastewater Treatment Plant No. 3. (Ward 6)
Amendment No. 2 to Agreement No. 96-266 with
Martin-Mclntosh for additional engineering design
services, in the amount of $27,500 for the Allen Road
Trunk Sewer. (Ward 4)
Amendment No. 2 to Design Consultant Agreement
No. 98-165, $85,000 with Rossetti Associates
Incorporated for the design of the Bakersfield
AMTRAK Station. (Ward 2)
Amendment No. 2 to Agreement No. 96-336 with
ARB, Inc. to extend the term of the original
agreement for job creation by two years. (Ward l)
Contract Change Order No. 2, $21,726.94 to Contract
No. 99-119, with W.M. Lyles for "B" Street sewer
replacement, repair of sewer mainlines. (Ward 2)
Bids:
s. Reject bids for modular, multi-unit office trailer.
Accept bids from CompUSA, $17,455.04; R & M
Enterprises, Incorporated, $13,832.80; P C Systems
Design Corporation, $9,051.69; CompuCom
Systems, $5,886.57; and Acma Computers, $316.39;
for computer related equipment for the MIS Division,
total $46,542.49.
Accept bid from Hanson Pipe and Products,
$39,476.58 for supply reinforced concrete pipe for
culvert under Union Avenue at the Central Branch of
the Kern Island Canal. (Ward 1)
ACTION TAKEN
AGR 99-229
AGR 97-29(1)
AGR 96-266(2)
A GR 98-'165(2)
AGR 96-336(2)
10.
Bakersfield, California, September 8, 1999 - Page 7
CONSENT CALENDAR continued
v. Accept bid from Compucom California State Store in
the amount of $36,993.06 for 30 personal computers.
Miscellaneous:
w. Appointment of League Voting Delegate and
Alternate to Annual Conference.
Maggard announced abstention on Consent Calendar Items
g.1, h. and o. due to source of income to employer.
Rowles announced abstention on Consent Calendar Item k.
due to source of income to employer.
Motion by Carson to adopt Consent Calendar Items a.
through w, with the deletion of item d.
HEARINGS
a. Appeal of the Board of Zoning Adjustment's decision
to approve a Conditional Use Permit No. P99-0297 to
allow an automobile dismantling and storage facility,
and a modification to waive the requirement to pave
the vehicle parking surface for stored vehicles in a
7.3, Heavy Industrial zone district located at 4525
Cottonwood Road. (Ward 1)
Hearing opened at 7:35 p.m
The following spoke in support of staff recommendation:
Marie Grayson and Enrique Martinez.
Hearing closed at 7:40 p.m.
Motion by Carson to grant the appeal to deny the
Conditional Use Permit.
REPORTS
None.
ACTION TAKEN
APPROVED
RES 133-99
APPROVED
223
Bakersfield, California, September 8, 1999 - Page 8
11.
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 103-35 by
changing the zoning from a Mobile Home zone on
24.66 acres and from One Family Dwelling zone on
25.05 acres to a Planned Unit Development zone on
a total of49.71acres, located on the southwest corner
of Virginia Avenue and Sterling Road. (First reading
8/25/99) (Ward 1)
Motion by Carson to adopt the ordinance.
ACTION TAKEN
ORD 3923
APPROVED
Ordinance repealing Chapter 9.22 (Noise) and
Chapter 9.24 (Amplified Sound) and enacting Chapter
9.22 (Noise Control). (First reading 8/25/99)
Motion by Couch to adopt the ordinance.
ORD 3924
APPROVED
12.
NEW BUSINESS
Ordinance amending Subsection E. of Section
17.14.026 of Title 17 of the Bakersfield Municipal
Code relating to building orientation of multiple family
buildings with four units or less in the R-2 zone
district. (Citywide)
FR
13.
COUNCIL STATEMENTS
Salvaggio requested staff provide a memorandum
stating the status of the relocation process for Urners
Appliances and requested that the process be expedited.
Salvaggio stated he appreciated Police Officer Sprayberry's
assistance.
Salvaggio thanked Street Maintenance Supervisor Mike
Connor for his response to the request for handicapped curb
at Fremont and Wilson Roads.
DeMond requested staff provide Irma Rodriguez, 1412
Pacific, with flyers informing residents of the bulky item
drop off day locations.
DeMond requested staff review the possibilities of
providing ADA curbs at 18*h and 19~ Streets which are
currently being repaired.
Bakersfield, California, September 8, 1999 - Page 9
13.
COUNCIL STATEMENTS continued
DeMond referred to the Urban Development Committee
the issue of ordinances relating to manufactured homes
for review.
DeMond referred to staff a concern from Esther Torres
of Supervisor Pete Parra's office regarding a police
issue.
Couch referred to Public Works a letter from Scott
McMillian regarding a letter of credit.
Couch requested Human Resources Manager Carroll
Hayden forward insurance information from a previous
request.
Couch referred various issues to the Urban Development
Committee.
Couch requested staff provide a memorandum outlining the
rules the Council and Board of Supervisors will be
implementing at their joint meeting on September 13, 1999.
Couch requested staff provide clarification regarding the
funding for Highway 46 in Friday's packet.
Rowles stated he will schedule an appointment with
Rosewood Retirement Community, 1301 New Stine, and
Public Works' staff, to discuss traffic issues.
Rowles referred to Public Works the issue of road
conditions on Scarborough Lane.
Rowles thanked Streets Division staff for their efficient
response to road repairs regarding the fiberoptic cable
installation issue.
Sullivan requested the issues of"Signage at City Limits and
Beautifying and Landscaping of Main Corridors off Highway
99" be moved from the Urban Development Committeeto the
Community Services Committee.
Sullivan referred to staff the issue of using private
business parking lots for parking during arena events.
Maggard requested staff review the issue of allowing
comments by Council and Supervisors at the joint meeting on
September 13, 1999.
ACTION TAKEN
Bakersfield, California, September 8, 1999 - Page 10
13. COUNCIL STATEMENTS continued
Mayor Price stated the Council adopted by Ordinance, the
Roberts Rules of Order and it contains a clear process
relating to ethics.
Carson referred to Public Works a call from a resident at
439 Myrtle regarding installation of a street light.
Carson referred to Public Works a call from Alicia Hanna,
Oswell Park Drive, regarding speed of traffic.
Carson stated she attended the Central Valley Economic
Summit meeting and is hoping Council will have input at the
next meeting in November.
Carson requested staff provide policy and procedure
regarding landscaping in existing medians.
3, CLOSED SESSION continued
Motion by Carson to recess back to Closed Session at
8:08 p.m.
Motion by Carson to adjourn from Closed Session at
9:55 p.m.
Mayor Price reconvened the regular Council Meeting at 10:03
Mayor Price announced Closed Session Action on Item
a. as follows: The Councilauthorized and directed staff
to continue to negotiate with Valley Communities Inc., in
confidence, to attempt to arrive at a potential settlement
of the litigation. Any such settlement shall include and
incorporate the original offer's provision requiring the
cessation of the importation and spreading of non-City
bio-solids on any City owned property.
14. ADJOURNMENT
Motion by Carson to acl~urn at. lO:05 p.m.
~'Y~)R ~f t'~e City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk,~the
Council of the City of Bakersfield ~/
ACTION TAKEN
APPROVED
APPROVED
APPROVED