HomeMy WebLinkAbout09/22/99 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 22, 1999
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
235
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch (seated at 5:56
p.m.), Rowles (seated at 5:45 p.m.) Sullivan,
Salvaggio
None
ACTION TAKEN
WORKSHOP
a. Overview of Business Attraction Process
Economic Development Director Jake Wager gave an
overhead presentation and distributed a written
information packet.
Fire Department Response Time
Fire Chief Ron Fraze gave a computer presentation
and distributed written material.
Carson requested staff provide her with a response
time comparison for the Southeast area.
Motion by Carson to recess to Closed Session at 6:20 p.m. APPROVED
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to Subdivision (a) of
Government Code Section 54956.9; Venus Trigueiro
etc. vs. City of Bakersfield, et al.; Kern County Superior
Court Case No. 239386 SPC
NAT
Motion by Salvaggio to adjourn from Closed Session at
6:37 p.m. APPROVED
236
Bakersfield, California, September 22, 1999 - Page 2
REGULAR MEETING
INVOCATION by Alan Christensen of The Church of Jesus
Christ of Latter-Day Saints
2. PLEDGE OF ALLEGIANCE by Councilmember Couch
3. ROLLCALL
Present: Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles, Sullivan,
Salvaggio
Absent: None
4. CLOSED SESSION ACTION
Mayor Price announced there was no reportable action as
reflected on page 1.
5. PRESENTATIONS
None.
6. PUBLIC STATEMENTS
Stuart Baugher spoke regarding communication and
submitted written material.
b. Becky Kaiser spoke regarding the Casa Loma
annexation meeting.
c. Barbara Fields spoke regarding City refuse information.
d. Richard Pellerin spoke regarding annexations.
Vic Mabry spoke regarding the Kern County Airport
and Meadows Field Terminal Project.
Ricky L. Peterson spoke regarding dedication of Filson
Street cul-de-sac.
Carson requested Public Works Director Raul Rojas meet
with Mr. Peterson and explain the legal issues that are
delaying the Filson Street cul-del-sac and referred the
issue to the City Attorney for review and requested a
report back to Council.
Salvaggio requested staff provide Mr. Peterson with a
copy of the September 14, ~999 memorandum from Raul
Rojas to Alan Tandy.
ACTION TAKEN
Bakersfield, California, September 22, 1999 - Page 3
237
6. PUBLIC STATEMENTS continued on Page 11.
ACTION TAKEN
7. APPOINTMENTS
One appointment to the Central District Development
Agency.
Motion by Carson to appoint Shirlyn Davenport to
the Central District Development Agency, term
expiring April 22, 2003.
APPROVED
CONSENT CALENDAR
Minutes:
a. September 8,1999 Council Meeting.
Payments:
Payments from August 28, to September 10, 1999 in
the amount of $14,176,020.02; and Self Insurance
payments from August 28, to September 10, 1999 in
the amount of $138,165.88.
Resolutions:
Resolution of Intention No. 1203 to order the vacation
of P Street between Truxtun Avenue and 17~" Street
and the easterly portion of the alley west of O Street in
Block 291. (Ward 2)
Resolution of Intention No. 1204 to order the vacation
of the public street right of way for Cormier Drive,
Redbridge Way, Southport Glen and Claridge Court in
Tract No. 5428. (Ward 4)
Resolution determining that AS400 Operating System
software for use in the Management Information
Services Division of the City Manager's Office cannot
be obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with
bidding therefore, not to exceed $78,552.
Resolution determining that certain new or used
vehicles for public safety undercover work cannot be
reasonably obtained through usual bidding procedures
and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $331,000.
ROI 1203
ROI 1204
RES 134-99
RES ~35-99
Bakersfield, California, September 22, 1999 - Page 4
CONSENT CALENDAR continued
Downtown Fleet Services Facility located at the
northwest corner of 15th Street and Eye Street in the
Police Depadment parking lot. (Ward 2)
Resolution authorizing the use of the
Design/Build Procurement Process for the
Downtown Fleet Services Facility.
Agreement with Klassen Corporation, in the
amount of $55,349 for Pad 1 of the
Design/Build of the Downtown Fleet Services
Facility.
h. Public Employees' Retirement System (PERS)
Resolution of Intention to approve Amendment
No. 1 to Contract No. 97-39 with the Board of
Administration of the Public Employees'
Retirement System.
Ordinance authorizing an amendment to the
Contract with the Board of Administration of the
Public Employees' Retirement System to
provide Section 21574 (Fourth Level of 1959
Survivor Benefits) for City Employees.
Agreement with the Public Employees'
Retirement System (PERS) to Pool 1959
Survivor Benefits Assets and Liabilities.
Agreements:
i. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements with
Coleman Homes, Inc. for Tract 5934 Unit 1
located west of Buena Vista Road, south of
Stockdale Highway. (Ward 4)
Final Map and Improvement Agreement with
Bakersfield Real Estate Group Inc. for Tract
5077 Phase 1 located at the intersection of
Grand Canyon Drive and Vista Montana Drive.
(Ward 3)
ACTION TAKEN
RES 136-99
AGR 99-23'1
RES 137-99
FR
AGR 99-233
AGR 99-234
ABS MAGGARD
AGR 99-235
Bakersfield, California, September 22, 1999 - Page 5
239
CONSENT CALENDAR continued
Agreement with Scott Gilliam for sewer service located
near the southwest corner of Morroco Avenue and El
Paso Street, located north of Stockdale Highway, east
of Jenkins Road. (Ward 4)
Agreement and appropriation of $25,000 in Kern
Council of Governments contribution to the Public
Works Capital Improvement Budget TDA Article III
Fund for the environmental review of the Southwest
Kern River Bike Path's extension for Enos Lane.
(Ward 4)
Agreement with the State of California, Department of
Transportation, Program Supplement No. 053 for
partial reimbursement of the City project to construct a
traffic signal at the intersection of Allen Road and
Brimhall Road. (Ward 4)
Agreement with the Governor's Office of Emergency
Services in the amount of $31,084 for Y2K funding.
Agreement with Jonathan D. Fleisig dba Flying Ice, Inc.
for CDBG financial assistance in the amount of
$30,000 to provide recreational skating at Centennial
Garden. (Ward 2)
Stockdale Highway at Calloway Drive median island
improvements: (Ward 4)
Amendment No. I to Agreement No. 98-135
with Castle & Cooke California, Inc. for
construction of median island improvements for
$49,699.
Appropriate $10,610 Fund Balance to the
Capital Improvement Budget within the Gas
Tax Fund.
Appropriate $14,240 Fund Balance to the
Capital Improvement Budget within the
Transportation Development Fund.
Amendment No. 2 to Agreement No. 97-200 with Kern
Economic Development Corporation to assist in efforts
to seek out and locate new business in Kern County.
ACTION TAKEN
AGR 99-236
AGR 99-237
AGR 99-238
AGR 99-239
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 98-135(1)
ABS MAGGARD
ABS ROWLES
ABS ROWLES
ABS ROWLES
AGR 97-200(2)
240
Bakersfield, California, September 22, 1999 - Page 6
CONSENT CALENDAR continued
Amendment No. 5 to Agreement No. 76-153 (Kern
County Agreement No. 713-99) with East Niles
Community Services District, Kern Sanitation Authority
as Successor to the Union Avenue County Sanitation
District and the Alta Verde County Sanitation District,
providing for the Bakersfield Subregional Wastewater
Management Plan for interagency transport and
treatment of wastewater.
Bids:
Accept bids from Integrated Computer Technology, GE
Capital IT Solutions, and Mobile Man to purchase IBM
Personal Computers and monitors, not to exceed
$2O0,000.
Accept bids from Network Catalyst, $31,641.97; and
Integrated Computer Technology, $5,109.39; for
computer related equipment for the M IS Division, total
$36,751.36.
Accept bid from Thorp's Harley Davidson,
Incorporated, $112,537.42 for seven police
motorcycles.
Miscellaneous:
Authorization to revise Police Department Range
Classroom Project with the purchase of a portable
classroom unit using Asset Forfeiture Funds, $35,000.
Appropriate $1,825 in Strong Motion Instrumentation
Trust Funds to Building Division Operating Budget
within the General Fund for the renewal of the Planned
Maintenance Agreement for the earthquake
emergency generator.
Request by Tony Hogg, representing Coleman Homes,
to refer to the Planning Commission preliminary review
of the their proposed Planned Commercial
Development at the southwest corner of Stockdale
Highway and Buena Vista Road. (Ward 4)
Maggard announced abstention on Consent Calendar Items
i.1., o.1., and w, due to source of income to prior employer.
ACTION TAKEN
AGR 76-153(5)
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, September 22, 1999 - Page 7
CONSENT CALENDAR continued
Rowles announced abstention on Consent Calendar Items
o.1.,2., and 3, due to source of income to employer within 12
months; and Item w. due to source of income to employer,
owning property within 300 feet that will be materially
impacted.
Motion by Carson to adopt Consent Calendar Items a.
through v., with separate consideration of item w.
ACTION TAKEN
APPROVED
Agreement with Jonathan D. Fleisig dba Flying Ice, Inc.
for CDBG financial assistance in the amount of
$30,000 to provide recreational skating at Centennial
Garden. (Ward 2)
Motion by DeMond to approve with the utilization of
$30,000 from the Council Contingency Funds, with the
provision it be considered a loan; the employment
situation be 51 percent Iow-mod and that if it meets the
same criteria over the period of time and is in compliance,
it be considered a forgivable loan; it would be due and
payable if not compliant.
Rowles requested staff provide an update of the Council
Contingency Budget Fund.
AGR 99-240
APPROVED
Request by Tony Hogg, representing Coleman Homes,
to refer to the Planning Commission preliminary review
of the their proposed Planned Commercial
Development at the southwest corner of Stockdale
Highway and Buena Vista Road. (Ward 4)
Motion by Carson to deny the request until the General
Plan Amendment comes back to Council.
ABSMAGGARD
ABS ROWLES
FAILED
NS COUCH
SULLIVAN
SAL VA GGIO
AB MAGGARD
ROWLES
Motion by Couch to allow the developer to meet with the
Planning Commission regarding the PCD, provided they
pay the normal fees, in the normal course of business.
APPROVED
NS CARSON
DEMOND
AB MAGGARD
ROWLES
242
HEARINGS
a.
Bakersfield, California, September 22, 1999 - Page 8
Protest hearing for proposed Assessment Distdct No.
99-1 (Polo Greens/River Oaks): (Ward 4)
Resolution approving Final Engineers Report,
levying assessments, ordering improvements
and authorizing and directing related actions.
Resolution determining assessments remaining
unpaid.
3. Resolution authorizing issuance of Bonds.
Resolution approving form and substance of
Preliminary Official Statement and Bond
Purchase Contract, authorizing modifications
thereto, authorizing execution thereof, and
authorizing related documents and actions.
Hearing opened at 8:15 p.m.
No one spoke at hearing
Hearing closed at 8:15 p.m.
Motion by Couch to override protests and adopt
the resolutions.
ACTION TAKEN
RES 138-99
RES 139-99
RES 140-99
RES 141.99
CON 99-241
AGR 99-244
AGR 99-270
APPROVED
Resolution of Application proposing proceedings for
annexation of territory by annexing to the City of
Bakersfield property identified as Annexation Ne. 410,
located west of Allen Road, between Brimhall Road
and Rosedale Highway. (Ward 4)
Hearing opened at 8:17 p.m.
Becky Kaiser spoke in opposition of staff
recommendation.
Hearing closed at 8:17 p.m.
RES 142-99
Motion by Couch to adopt the resolution. APPROVED
Bakersfield, California, September 22, 1999 - Page 9
HEARINGS continued
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,
3,4)
Development Services Director Jack Hardisty stated
the following assessments have been paid and should
be removed from the list: 1. 3512 Anderson Street; 6.
300 Block of Brundage Lane; and 44. 3600 Block of K
Street.
Hearing opened at 8:20 p.m.
Marvin Dean spoke in opposition of staff
recommendation.
Hearing closed at 8:22 p.m.
Motion by Carson to adopt the Resolution.
ACTION TAKEN
RES 143-99
APPROVED
10. REPORTS
None.
11.
DEFERRED 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.
(First reading 9-8-99) (Citywide)
Motion by Carson to adopt the ordinance.
ORD 3925
APPROVED
12.
NEW BUSINESS
Ordinance amending Section 2.28.030 of the
Bakersfield Municipal Code relating to Creation and
Appointment of Planning Commission.
City Attorney Bart Thiltgen provided clarification of
process.
FR
244
12.
Bakersfield, California, September 22, 1999- Page 10
NEW BUSINESS continued
Rowles requested Legislative and Litigation Committee
review the voting procedures for appointments to other
committees and come back with a recommendation
within 30 days to allow time to amend if necessary.
Councilmembers drew envelopes to determine order of
lottery.
1~t Couch
2® Salvaqqio
Carson
Rowles
DeMond
Maqgard
Sullivan
ACTION TAKEN
Council wards will have a Planning Commission
appointment in the following order:
April 2000-Ward 6
April 2001 -Ward 3
April 2001 - Ward 5
April 2002 - Ward 2
April 2002 - Ward 4
April 2003 - Ward 1
April 2003 - Ward 7
Agreement for reimbursement with the City of
Bakersfield for Baker Street Lighting Improvements in
an amount not to exceed $275,000.
City Manager provided an update.
AGR 99-242
Bakersfield, California, September 22, 1999- Page 11
12.
NEW BUSINESS continued
6.
PUBLIC STATEMENTS continued
Dave Cross spoke regarding redevelopment in
Southeast and Bakersfield.
Marvin Dean spoke regarding PAC involvement.
Art Powell, Chairman, Southeast PAC, requested
members be included and informed of decisions
involving the PACs.
Motion by DeMond to approve the agreement.
ACTION TAKEN
APPROVED
Agreement to sell Industrial zoned land located on Mt.
Vernon Avenue, south of Belle Terrace, for $1.1 million
to the Central District Development Agency.
Carson requested staff notify PACs members of
Central District Development Agency meetings.
Motion by Carson to approve the agreement.
AGR 99-243
DEED 5170
APPROVED
13.
COUNCIL STATEMENTS
Mayor Price referred to staff the issue of renaming the
Central District Development Agency and placing it on the
next CDDA agenda.
DeMond requested staff contact CalTrans regarding
paving and request patching of potholes of westbound
lane on 178.
Maggard requested staff contact CalTrans regarding
paving problems on the westbound on-ramp at Oswell
and the westbound lanes, west of Union Avenue on
Highway t78.
Maggard referred the issue of financial assistance and
level of support for the 2020 Vision Process to the Budget
and Finance Committee for review.
Sullivan requested an update regarding the Promise Keepers,
Tandy responded.
Sullivan recognized Chief Code Enforcement Officer Randy
Fidler and expressed her appreciation for his efforts.
246
Bakersfield, California, September 22, 1999 - Page 12
13.
COUNCIL STATEMENTS continued
Salvaggio requested Public Works evaluate, using the
same process used for Ming and Scarlet Oak, the issue of
traffic control and a four-way stop sign at Monitor and
Panama Lane.
Salvaggio requested to speak with Chief Code Enforcement
Officer Randy Fidler after the meeting.
Salvaggio requested Police Chief Matlock ask Officer
Sprayberry to continue to monitor the truck parking
problem on Madan Street.
Carson referred to Public Works a letter from Eddie
Johnson regarding CUP P99-0297 and requested a
response back to her.
Carson referred to the City Manager the issue of allowing
PAC members attend redevelopment conferences, and
submitted information on a conference in November.
Couch asked Engineer Services Manager Jack LaRochelle
when the intersection on Coffee Road would be complete.
LaRochelle responded.
Couch referred to Public Works the issue of the road
condition on the right lane, northbound on Coffee Road,
prior to the bridge.
Couch referred a letter from Dr. Reed regarding
fluoridation and chlorination to the Water Committee.
Couch asked Councilmember Rowles if he would like
additional direction from the Council when attending KCOG
meetings.
Rowles referred a letter from a resident requesting
information to Code Enforcement for a response.
Rowles referred a letter from Mr. Cross regarding the High
Speed Rail as a high priority in the Intergovernmental
Relations Committee.
Rowles requested Economic Development Director Jake
Wager review the possibility of hosting a redevelopment
seminar in Bakersfield to assist all PAC members.
ACTION TAKEN
Bakersfield, California, September 22, 1999 - Page 13
247
13.
COUNCIL STATEMENTS continued
Rowles stated that the Kern Council of Governments is
currently evaluating how to assess and expedite requests for
funding for Highway 46, without jeopardizing funding for any
other projects in the community; and welcomes Council's
specific direction
Maggard requested staff update Council with the constituent
requests made at the Joint City County meeting on September
13, 1999, particularly the request regarding parking in
neighborhoods adjacent to Bakersfield College. City Manager
Tandy responded.
DeMond stated KCOG approved the grant request for the
Panorama Park work.
Rowles stated the Amtrak proposal will be before the KCOG
Board again in October.
DeMond agreed providing redevelopment workshops in
Bakersfield would allow all PAC members the opportunity to
learn about redevelopment.
DeMond stated the Downtown Business Association passed
two resolution regarding funding by Assemblyman Flores for
the High Speed Rail location and asked staff to obtain copies
for Rowles and the full Council.
DeMond requested staff review the response by Public
Works Director Raul Rojas to a letter from Graham K.
Eddy.
Salvaggio stated he requested the response to the letter from
Graham K. Eddy.
Salvaggio acknowledged City Employee Henry Joke, who
recently retired, and stated he was an exceptional employee,
and hopes his style of service continues.
Couch asked if Council would be receiving copies of all
referrals from the September 13,199 joint meeting. Tandy
stated Council will receive copies of letters and referrals in the
next couple of days.
ACTION TAKEN
248
Bakersfield, California, September 22, 1999- Page 14
14.
ADJOURNMENT
Motion by Carson to adjourn at 10:05 p.m.
M~t~;$~Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk//o~I the
Council of the City of Bakersfield L~'
ACTION TAKEN