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HomeMy WebLinkAbout10/20/99 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 20, 1999 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 259 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Maggard (seated at 5:36 p.m.), Couch, Rowles, Sullivan (seated at 5:23 p.m.), Salvaggio (seated at 5:23 p.m.), None ACTION TAKEN 2. WORKSHOP a. Major Transportation Investment Strategy. Public Works Director Raul Rojas provided a brief update and introduced Engineering Services Manager Jack LaRochelle who gave a computer presentation and provided written material. Ron Brummett, Kern COG, also provided additional information. Ag Land Preservation and Transfer Development Rights. Development Services Director Jack Hardisty provided a brief update and introduced Planning Director Stan Grady who gave a computer presentation and provided written material. Motion by Carson to adjourn to Closed Session at 5:50 p.m. APPROVED CLOSED SESSION Conference with Legal Counsel- Pending Litigation Significant exposure to Subdivision (b) of Government Code Section 54956.9. This Closed Session is authorized pursuant to Section 54956.9(b)(3)(C) of the Government Code. Claim of Pedro Carlos, et al. 260 Bakersfield, California, October 20, 1999 - Page 2 CLOSED SESSION continued Mayor Price announced settlement in accordance with Government Code Sections 54956.95 and 54957.1, the following report out of closed session is being authorized: The dollar contribution to the settlement consists of: $210,000 from the insurance company representing The Fountain People; $50,000 from the insurance company representing Neudeck; $250,000 from the City of Bakersfield; and $40,000 from the Centennial Celebration Foundation. The City of Bakersfield has indemnified and will contribute the $40,000 attributable to the Centennial Celebration Foundation. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9. City of Bakersfield vs. U.S. Fire Insurance Company, et al. Los Angeles Superior Court Case No. BC171941 ACTION TAKEN NAT Motion by DeMond to adjourn from Closed Session at 6:30 p.m. APPROVED REGULAR MEETING INVOCATION by Councilmember Mike Maggard PLEDGE OF ALLEGIANCE by Councilmember Randy Rowles 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. Bakersfield, California, October 20, 1999 - Page 3 261 PRESENTATIONS Mayor Price presented a Proclamation to Gina Hayden and Yvonne Morales, from San Joaquin Community Hospital, proclaiming October 26, 1999 as "Walk Our Children to School Day". City Manager Alan Tandy announced the Lakers will play the Heat on Sunday. Mayor Price introduced members of his Student Advisory Council from local high schools: Stacy Peeler, Bakersfield; Elisa Carroll, South; Emily Arnold, Stockdale; Courtney Chalupa, West; Lindsey Dale, Bakersfield Christian; Megan Bell, Garces; and Andre Gonzales, East. ACTION TAKEN PUBLIC STATEMENTS Barbara Harris spoke regarding hearing continuance, item 9.c. Sheryl Barbich spoke regarding Greater Bakersfield Vision 2020. The following spoke regarding annexations: Becky Kaiser and Barbara J. Fields. Angelo Haddad spoke regarding funding of relocation of the Bob Elias Kern County Sports Hall of Fame to Centennial Garden. Stuart Baugher spoke regarding the Kern River Freeway Grand Jury Report. The following individuals spoke regarding Highways 58/46 funding: Brian Todd; Tony Lusich; Dale Hawley; Holly Culhane and Roger Mclntosh. Mayor Price recognized Shafter City Manager John Guinn and Councilmember Cathy Prout. 262 Bakersfield, California, October 20, 1999- Page 4 APPOINTMENTS One appointment to the Central District Development Agency. Motion by Carson to appoint Gil Anthony to the Central District Development Agency, term expiring April 22, 2001. ACTION TAKEN APPROVED CONSENT CALENDAR Minutes: a. October 6, 1999 Council Meeting. Payments: Payments from September 25, to October 8, 1999 in the amount of $4,721,290.42; and Self Insurance payments from September 25, to October 8, 1999 in the amount of $231,467.86. Resolutions: Resolution adding territory, Area 4-15, (Vista Montana, East) 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 adding territory, Area 2-22, (Stockdale, Buena Vista, SE) 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 4) 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 1,4) Resolution approving the application for grant monies for the Environmental Enhancement and Mitigation Program under Section 164.56 of the Streets and Highways Code for the Downtown Streetscape Expansion Project. RES 146-99 RES 147-99 RES 148-99 RES 149-99 Bakersfield, California, October 20, 1999 - Page 5 263 CONSENT CALENDAR continued Agreements: g. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Kyle Carter Homes Inc. for Tract No. 5921, Phase 2, located west of Calloway Drive, south of Norris Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California Inc. for Tract No. 5827, Phase D, located south of Brimhall Road, east of Jewetta Avenue. (Ward 4) Final Map and Improvement Agreementwith GSJB Development Inc. for Tract No. 5719, Phase 2, located north of Krabs Road, west of Fruitvale Avenue. (Ward 4) Transportation Impact Fee Agreement with Syroli IV for construction of a bridge over the Arvin-Edison Canal at Monitor Street, south of Panama Lane, associated with Tentative Tract 5941, in-lieu of paying Transportation Impact Fees. (Ward 7) Assignment of Deferred Compensation Plan Agreement to National Deferred Compensation, Inc. Agreements with the United States Department of the interior, Bureau of Reclamation, Central Valley Project, California. (Ward 4) Contract and Grant of Easement for Coffee Road. Contract and Grant of Easement Access Road and Bridge Across the Friant-Kem Canal. Amendment No. 1 to Agreement No. 98-97 with Redevelopment Consultants for reimbursement of $5,600 State mandated redevelopment project areas filing fees. (Wards 1, 2) Amendment No. 3 to Agreement No. 95-284 with CMG Consulting, Inc. for the City's Flexible Spending Account Plan (IRS Section 125). ACTION TAKEN AGR 99-252 AGR 99-253 AGR99-254 AGR99-255 ABS MAGGARD ROWLES AGR 99-256 AGR 99-257 AGR 99-258 ABS ROWLES CON 99-259 DEED 5135 CON 99-260 DEED 5136 AGR 98-97(1) AGR 95-284(3) 264 Bakersfield, California, October 20, 1999 - Page 6 CONSENT CALENDAR continued m. Construct sidewalk at 212 Bliss Street. (Ward 1) Agreement with Habitat for Humanity, 212 Bliss Street, to construct sidewalk and the cost of construction to be placed on the owner's property tax bill to be paid in three equal payments of $176.25 over a three year period. Resolution directing the Public Works Director to construct sidewalk at 212 Bliss Street, confirming the assessment and authorizing the collection of the assessment by the Kern County Tax Collector. Bids: Award Contract to Air United Air Conditioning, $117,600, for "replace chiller at Bakersfield Police Station" Project. (Ward 2) Award Contract to HPS Plumbing Services, Inc., $417,783 for construction of Kern River Diversion Facilities, for the Water Resources Department. (ward 3) Award Contract to American Tire Disposal, Incorporated, $38,450 for removal and disposal of waste tires and debris from 3400 Hale Street. Increase award amount to Annual Contract No. 99-46 with San Joaquin Fence & Supply, $200,000 (a $41,804 increase), for furnishing and installing fencing around various City properties and canals. Accept bids from M & M Computers, $49,235.26 & RCA Computer Corporation, $1,630.20 for printers, plotters and Baystack computer equipment, total $50,865.46. Miscellaneous: Appropriate $10,000 Fund Balance to the Finance Department Operating Budget within the Public Financing Authority Operating Budget for Arbitrage Rebate Analysis. ACTION TAKEN AGR 99-261 RES '150-99 CON 99-262 CON 99-263 CON 99-264 Bakersfield, California, October 20, 1999 - Page 7 265 CONSENT CALENDAR continued Temporary Employee Agency Request for Proposal. (Budget and Finance Committee recommends proceeding with request for proposal) Appropriate $199,377 AB 1661 State Subvention - Educational Reimbursement Augmentation Fund (ERAF) reimbursement to Council Contingency account within the General Fund. Transfer $25,000 from Council Contingency to the Non-Departmental Operating Budget for a contribution to Greater Bakersfield Vision 2020. Transfer $25,000 to the Public Works Operating Budget from Council Contingency for costs to relocate the Bob Elias Kern County Sports Hall of Fame to Centennial Garden. Maggard announced abstention on Consent Calendar Item g.2. due to source of income to former employer. Rowles announced abstention on Consent Calendar Item g.2. and j.1. and 2. due to source of income to former employer. Motion by Carson to adopt Consent Calendar Items a. through w, with separate consideration of Item v. Transfer $25,000 from Council Contingency to the Non-Departmental Operating Budget for a contribution to Greater Bakersfield Vision 2020. Motion by DeMond to approve Consent Calendar ltem v. HEARINGS Resolution ordering the vacation of P Street between Truxtun Avenue and 17~h Street and the easterly portion of the alley west of O Street in Block 291. (Ward 2) Correspondence has been received from Phil and Pam Ganong, Ganong Law Office, dated October 19, 1999 in opposition of the proposed vacation. Hearing opened at 7:55 p.m. The following individuals spoke in support of staff recommendation: Tom Carosella and Don Judkins. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION APPROVED APPROVED NS CARSON RES 151-99 266 Bakersfield, California, October 20, 1999 - Page 8 HEARINGS continued a. Hearing closed 8:00 p.m. DeMond requested staff talk with Mr. Ganong regarding parking time limits. Motion by DeMond to adopt the resolution. ACTION TAKEN APPROVED Appeal by Jim Ward of the Board of Zoning Adjustment's decision to deny drive-thru services for a proposed restaurant pad along Coffee Road within a neighborhood commercial center zoned Neighborhood Commercial, located at 6045 Coffee Road. (File #P99-0562) (Ward 4) Rowles announced conflict due to source of income. Hearing opened at 8:05 p.m. Jim Ward spoke in support of staff recommendation. Hearing closed at 8:06 p.m. Motion by Couch to refer this item back to the Board of Zoning Adjustment to review and consider the new information being presented by the applicant at the public hearing. APPROVED AB ROWLES Resolution upholding the decision of the hearing officer and denying the appeal by Robert Darnall related to the removal of an 8x8x40 metal storage container from 12700 Overton Street. (Ward 4) Hearing opened at 8:06 p.m. Barbara Harris representing Robert Darnall, spoke in opposition of staff recommendation and requested a continuance of the hearing. The following individuals spoke in support of staff recommendation: Robert Hartsock; Terry Binger; Jim Hankinson, submitted pictures; Mary Christenson representing property owner, submitted pictures; Barry McMahan; and Vince Bangert. Barbara Harris representing Robert Darnall spoke in rebuttal in opposition. RES 152-99 Bakersfield, California, October 20, 1999 - Page 9 267 HEARINGS continued The following spoke in rebuttal in support: Robert Hartsock; Mary Christenson; Vince Bangert and Steve Moses. Motion by Couch to uphold the decision of the hearing officer declaring the use of a metal storage container at 12700 Overton Street a public nuisance and denying the appeal by Robert Darnall and allowing Robert Darnall five working days to remove the storage container. Amended motion by Couch to uphold the decision of the hearing officer declaring the use of a metal storage container at 12700 Overton Street a public nuisance and denying the appeal by Robert Darnall and allowing Robert Darnall (tenant) five working days to remove the storage container; and instruct staff to do everything possible not to encumber the homeowner with the expense. 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, 6, 7) Hearing opened at 8:30 p.m. William Morris spoke in opposition of staff recommendation and submitted written material. Hearing closed at 8:32 p.m. Motion by Carson to adopt the resolution with the continuance of No. 33. 5101 Marsha to the next meeting. Resolution ordering the vacation of the public street right of way for Cormier Drive, Redbridge Way, Southport Glen and Clairidge Court in Tract No. 5428. (Ward 4) Rowles announced conflict due to source of income. Maggard announced conflict due to source of income to former employer. ACTION TAKEN NAT APPROVED RES 153-99 APPROVED RES 154-99 AGR 99-3~6 A-Y 268 Bakersfield, California, October 20, 1999 - Page 10 HEARINGS continued e. Hearing opened at 8:37 p.m. Roger Mclntosh spoke in support recommendation. Hearing closed at 8:38 p.m. Motion by Couch to adopt the resolution. Mayor Price recessed the meeting at 8:45 p.m. reconvened at 8:55 p.m. of staff and ACTION TAKEN APPROVED AB MAGGARD ROWLES 10. REPORTS 11. DEFERRED BUSINESS Ordinance amending Bakersfield Municipal Code Sections 1.12.010 and 1.12.020 relating to Boundary Legal Descriptions for Wards 1 and 2. (First reading 10/6/99) Ordinance adding Section 12.56.065 of the Bakersfield Municipal Code relating to Skate Parks. (First reading 10/6/99) (Ward 2) 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. (First reading 9/22/99) Ordinance amending Section 12.36.025 of the Bakersfield Municipal Code relating to curb, gutter, sidewalks, driveway approaches, connecting pavement and canal fencing fees in cases of economic hardship. (First reading 10/6/99) Motion by Rowles to adopt Deferred Business item a. through d. CSA71 Agreement - Sewer Maintenance and Sewage Transport, Treatment and Disposal for a portion of County Service Area 71. (Ward 4) ORD 3927 ORD 3928 ORD 3929 CON 99- 2 3 2 ORD 3930 APPROVED AGR 99-266 Motion by Couch to approve the agreement. APPROVED Bakersfield, California, October 20, 1999 - Page 11 269 12. NEW BUSINESS Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 402 to Ward 4, located at the southeast corner of Jewetta Avenue and Palm Avenue. (Ward 4) Resolution calling for the Mayor's Primary Election, Palm and O~ive Measures, Charter Amendment, requesting consolidation with County of Kern, and setting priorities for filing written Arguments. Motion by Couch to adopt the resolution. c. City Physician Agreements for physician services: 1. Agreement with W.B. Christiansen, M.D., Inc. Agreement with Bakersfield Occupational Medical Group. 3. Agreement with Southwest Urgent Care. Maggard announced conflict due to source of income to former employer. Motion by Salvaggio to approve the agreements. Funding priorities for State Route 58 and State Route 46. Mayor Price recognized Assemblyman Dean Florez, who gave a brief statement. Couch requested Public Works Director Rojas draft a letter requesting a written guarantee if the City borrows from Highway 58, or if the alignment is altered in any way, that the City can maintain the 30 million allocated from the California Transportation Commission and Cai Trans. Motion by Couch to direct our Kern COG representative to express the City of Bakersfield's desire to cooperate with the other cities on the COG Board and the County to make the best use of the funds available in the most timely way possible so all projects may move forward quickly while protecting the City of Bakersfield's claim to the eventual use of funds approved for State Route 58, currently the Kern River Freeway, or another appropriate alternative. ACTION TAKEN FR RES 155-99 APPROVED AGR 99-267 AGR 99-268 AGR 99-269 APPROVED AB MAGGARD FAILED NS CARSON DEMOND MAGGARD ROWLES SULLIVAN 270 Bakersfield, California, October 20, 1999 - Page 12 13. COUNCIL STATEMENTS Salvaggio stated he appreciated the letter from Public Works Director Rojas to Daphne Washington, Director of Kern County Waste Management Department regarding universal refuse collection in metropolitan and commented on the timing of the letter. Salvaggio stated he appreciates the quick response to his request for a feasibility study for a 4-way stop at Monitor and Panama. Salvaggio urged the Building Department to continue to communicate with Ron Lawrence regarding weed abatement and clean-up along the railroad right-of-ways in South Bakersfield, from Buena Vista Road to So. Chester, and also include the area on Hughes Lane, north of Brookhaven, south of Holiday Inn Express, and requested updates as the work is done. Salvaggio thanked Public Works for the road repairs on Ming Avenue. Couch submitted miscellaneous referrals. DeMond requested Public Works Director Rojas inform Councilmember Maggard regarding the Princeton Street meeting. DeMond thanked staff and Fire Chief Ron Fraze for the Fire Department 60~h Anniversary Open House. DeMond referred to staft the issue of Taco Bell replacing the dead trees at their location at 23~ and 24~h Streets. Sullivan congratulated Fire Chief Fraze for Fire Department's 60~h Anniversary Open House; Police Chief Matlock for his department overview; and City Attorney Thiltgen for the excellent job he is doing in representing the City. Maggard referred to staff the issue of non-compliance by Auburn Heights Apartments. Rowles stated he will be faxing a letter to Chief Matlock from a constituent who was victimized, for review and a response back to him. Rowles thanked Pubic Works staff for their assistance at Rosewood. ACTION TAKEN Bakersfield, California, October 20, 1999 - Page 13 271 13. COUNCIL STATEMENTS continued Rowles referred to staff a letter from the Downtown Business Association Vision Committee requesting an opportunity to meet with the Urban Development Committee to discuss the Downtown Vision Effort, High Speed Rail and Mag-Lev; Rowles scheduled a special meeting on November 22, 1999 at 4:30 p.m. and also requested staff communicate this information to the DBA. Rowles stated he will request an additional Kern COG packet for staff to provide copies to all Councilmembers on a monthly basis. Rowles stated he received a letter from the Bakersfield City School District regarding being a part of urban development and downtown issues. Rowles thanked everyone for their kind wishes on the birth of their son. Carson announced the public meetings of the Crime, Weapons, Gang Violence and Community Relations Ad Hoc Committee will be held on October 21, 1999 at 6:30 p.m. at People's Missionary Baptist Church, 1451 Madison, facilitator will be Councilmember Irma Carson; October 26, 1999 at 6:30 p.m., Greenfield Jr. High School, 1109 Pacheco Road, facilitator will be Councilmember Pat DeMond; and November 9, 1999 at 6:30 p.m. at Bakersfield City School District Auditorium, 1300 Baker Street, facilitator will be Councilmember Mike Maggard. ACTION TAKEN 14. ADJOURNMENT Motion by Carson to adjourn at lO:20p, m. M~ff'OR of the City'of Bakersfield, CA (,~EST: CITY CLERK and Ex Officio cl~f~./~f the Council of the City of Bakersfield-