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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