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HomeMy WebLinkAbout06/28/00 MINUTES CC5'7 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF ,JUNE 28, 2000 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Maggard, Couch (seated at 5:21 p.m.), Rowles, Sullivan (seated at 5:22 p.m.), Salvaggio None ACTION TAKEN 2. WORKSHOP a. Update of the Proposed FY 2000-200'1 Budget Assistant to the City Manager Darnell Haynes gave a computer presentation and submitted written material. Motion by Carson to add an item which arose after the agenda was posted and requires action at this meeting. Metropolitan Bakersfield transpodation Systems Study Workshop and Budget Action. Engineering Services Manager Jack LaRochelle gave a computer presentation. APPROVED AB MAGGARD ROWLES Motion by Carson to recess to Closed Session at 5:33 p.m. APPROVED CLOSED SESSION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Torrance Kendricks vs. City of Bakersfield, et al.; United States District Court, Eastern District, Case No. CV-F-99-6761 SMS Bakersfield, California, June 28, 2000 -Page 2 CLOSED SESSION continued ACTION TAKEN 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. Motion by DeMond to adjourn from Closed Session at 6:18 p.m, APPROVED REGULAR MEETING INVOCATION by Chef Pannell, First Assembly of God Church 2. PLEDGE OF ALLEGIANCE Councilmember Couch 3. ROLLCALL Present: Mayor Price, Councilmembers Carson, DeMond, Maggard, Couch, Rowles, Sullivan, Salvaggio Absent: None 4. CLOSED SESSION ACTION Mayor Price announced the City Council has agreed, by a vote of 7 to 0, to accept a court sanctioned settlement between the City of Bakersfield and Providence Washington Insurance Company wherein Providence Washington Insurance Company, within 30 days of execution of the settlement document, will pay to the City of Bakersfield $475,000 in exchange for dismissal, with prejudice, of Providence Washington Insurance Company from the underlying action, and a site release of Providence Washington Insurance Company from future liability and the duty to defend the circumstances which gave rise to the litigation which is being settled. Further, the City Council has agreed, by a vote of 7 to 0, to accept an offer of settlement between the City of Bakersfield and US Fire Insurance Company wherein US Fire Insurance Company, within 30 days of execution of the settlement document, will pay the City of Bakersfield $175,000 in exchange for a dismissal of the Bakersfield, California, June 28, 2000 -Page 3 CLOSED SESSION ACTION continued ACTION TAKEN appeal filed by the City of Bakersfield in the underlying action, and a site release of US Fire Insurance Company from future liability and the duty to defend the circumstances which gave rise to the litigation which is being settled. 159 PRESENTATIONS Mayor Price presented a Proclamation 1:o Audrey Chavez, Director of Bakersfield AIDS Project, proclaiming June 21-28, 2000 as AIDS Compassion and Testing Week. PUBLIC STATEMENTS a. The following individuals spoke regarding Southeast Bakersfield Redevelopment Area: Jonathan Webster and Hortencia Gonzalez. b. Larry Mox[ey, representing Bakersfield Rotary Club, spoke regarding Joshua Park. APPOINTMENTS One appointment to Adjustment. Motion by Carson Christensen. the Board of Zoning to appoh~t Alan APPROVED CONSENT CALENDAR Minutes: a. June 14, 2000 Council Meeting. Payments: b. Payments from June 3, to June 16, 2(:)00 in the amount of $7,086,310.59; and Self Insurance payments from June 3, to June 16, 2000 in the amount of $96,464.90 Bakersfield, California, June 28, 2000 -Page 4 CONSENT CALENDAR continued Resolutions: Sewer lift station at the northeast corner of Ming Avenue and Grand Lakes Avenue: (Ward 4) Resolution of Intention No. 1218 ordering the vacation of the 20 foot wide sewer lift station access easement at the northeast corner of Ming Avenue and Grand Lakes Avenue, in Lot 6, Tract No. 5877-D. Improvement Agreement with Khalid Abureyaleh for vacation of access easement. Resolution confirming assessment for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. Agreements (4) with property owners to pay sewer connection fee in installments and notice of special assessment lien. Resolution calling and giving notice of holding a General Municipal Election for election of Councilmembers for Wards 2, 5 & 6 and requesting consolidation with the County of Kern Statewide General Election to be held on Tuesday, November 7, 2000. Agreements: Agreement with A-C Electric Company and The Rotary Club of Bakersfield East for acquisition and development of Joshua McMorris Memorial Park. Agreement with Kern County Waste Management Department to pay commercial refuse bin fees by the ton. Agreement with the County of Kern for shared costs of Operating Green and Wood Waste Diversion Program. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION RES 70-00 AGRO~I~ AGRO¢I~ AGRO~I~ AGRO~166 RES 71-00 AGR 00-167 AGR 00-168 AGR 00-169 Bakersfield, California, June 28, 2000 -Page 5 CONSENT CALENDAR continued Environmental Impact Report for General Plan Amendment/Zone Change P00-0291: (Ward 4) Agreement with Castle & Cooke Commercial-CA, Inc., a California Corporation for the preparation of an Environmental Impact Report and appropriate $76,886 developer's contribution to the Development Services Operating Budget in the General Fund. Agreement with Michael Brandman Associates, $57,666 to prepare an Environmental impact Report for General Plan Amendment/Zone Change P00- 0291, located along the north side of Stockdale Highway, west of Calloway Drive. Bakersfield Station Lease Agreement with National Railroad Passenger Corporation (Amtrak) regarding the lease terms for the new Amtrak Station. (Ward 2) Consultant Agreements with Mclntosh & Associates $125,000, and T.W. Collins Associates, $125,000, to provide construction inspection services for Capital Improvement Program projects. Amendment No. I to Agreement No. 99-44 with John Q. Hammons Hotels Two L.P. to delete City's responsibility to resurface the Holiday Inn Select parking lot and pay the $27,000 set aside for resurfacing the parking lot to the Holiday Inn Select for their use in improvements to the parking lot and landscaping. (Ward 2) Bids: Award Contract to Sessions Construction and Demolition, $93,000 for the demolition of the Bakersfield Inn restaurant building located at 1101 Union Avenue. (Ward 1) ACTION TAKEN AGR 00-170 AGR 00-171 AGR 00-172 AGR 00-173 AGR 00-174 AGR 99-44(1) CON 00-175 Bakersfield, California, June 28, 2000 -Page 6 CONSENT CALENDAR continued Award Annual Contract to Granite Construction for HUD and CDBG funded installation or repair of street surfaces within entitlement area, not to exceed $324,404,44 Award Annual Contract to Jim Alfter Cement Contractor for concrete construction, not to exceed $1,623,545. Award Annual Contracts to Waxie Sanitary Supply, not to exceed $40,452.24; San Joaquin Supply, not to exceed $17,488.13; and Unisource Worldwide, not to exceed $7,356.02 for janitorial supplies, total $65,296.39 Award Contract to Valley Steel Construction $55,004 for metal building gutter replacement, City Corporation Yard Buildings C and D. (Ward 5) Accept bid from Central Valley Truck Center $143,224.87 for a 19 ton hydraulic crane (replacement) for the Public Works Department. Miscellaneous: Appropriate $200,000 Fund Balance to the Public Works Operating Budget within the Sewer Enterprise Fund for unanticipated electricity costs. Investment Policy of the City. (Staff recommends referral to Budget and Finance Committee) Rowles announced conflict on Consent Calendar Items c. and i., due to source of income to previous employer. Motion by Carson to adopt Consent Calendar Items a. through s., with separate consideration of Items c., o. and t. ACTION TAKEN CON 00-176 REMOVED FOR SEPARATE CONSIDERATION CON 00-178 CON 00-179 CON 00-~80 CON 00-~81 REMOVED FOR SEPARATE CONSIDERATION APPROVED Bakersfield, California, June: 28, 2000 -Page 7 ~, 6 3 CONSENT CALENDAR continued Sewer lift station at the northeast corner of Ming Avenue and Grand Lakes Avenue: (Ward 4) Resolution of Intention No. 1218 ordering the vacation of the 20 foot wide sewer lift station access easement at the northeast corner of Ming Avenue and Grand Lakes Avenue, in Lot 6, Tract No. 5877-D. Improvement Agreement with Khalid Abureyaleh for vacation of access easement. Motion by Couch to defer Consent Calendar Item c. to the July 19, 2000 Council meeting to allow all parties to meet and to obtain a legal opinion from the City Attorney. Award Annual Contract to Jim Alfter Cement Contractor for concrete construction, not to exceed $1,623,545. 6. PUBLIC STATEMENTS continued The following individuals spoke in support of Consent Calendar Item o.: Jim AIfter, Cement Contractor and Manual Monsibias, Business Manager Labor Union Local 220. Motion by Carson to defer Consent Calendar Item o., to the next Council meeting to obtain a legal opinion. Substitute motion by Salvaggio to accept bid and award contract to Iow bidder, Jim Alfter Cement Contractor. Salvaggio amended his substitute motion to accept bid and award contract to Iow bidder, Jim Alfter Cement Contractor, and instructed staff to bid future contracts based on actual amounts budgeted. t. Investment Policy of the City. Motion by Couch to refer to staff the review of the investment policy, possibilities of lO-year investments and percentage for investing monies, and directed staff to provide a recommendation back to Council. ACTION TAKEN APPROVED ABS ROWLES CON 00-177 NAT NAT APPROVED NS CARSON APPROVED 164 HEARINGS a. Bakersfield, California, June 28, 2000 -Page 8 Public Hearing to consider Government Code Section 30061, Citizens Option for Public Safety, regarding $500,000 Supplemental Law Enforcement Services Funding for a Records Management System. Hearing opened at 8:20 p.m. No one spoke at hearing. Hearing closed at 8:21 p.m. Motion by Carson to approve. Public Hearing on proposed expenditures of the Office of Criminal Justice Planning, California Law Enforcement Technology Equipment Purchase Program Grant, and appropriate $192,200 grant monies to the Police Department Operating Budget in the General Fund. Hearing opened at 8:21p.m. No one spoke at hearing, Hearing closed at 8:21 p.m. Motion by Salvaggio to conduct public hearing on expenditure on CLETEP Program Grant funds and approve appropriations. 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, 7) Development Services Director Jack Hardisty requested that Item No. 2, 321 So. Bliss Street and Item No. 25. 530 Olive Street, be removed from the assessment list. ACTION TAKEN APPROVED APPROVED RES 72-00 Hearing opened at 8:22 p.m. Bakersfield, California, June 28, 2000 -Page 9 HEARINGS continued The following individuals spoke in opposition of staff recommendation: Daniel Carrillo, 201 Hoover Street and Oscar Rudnick, 1025 and 1029 E. Brundage Lane; and Richard Preston. Hearing closed at 8:29 p.m. DeMond requested staff remove 20'1 Hoover Street property from the list of assessments. Carson requested staff remove item Nos. 5. and 6. properties from the list of assessments. Motion by DeMond to adopt the resolution with the following properties removed from the assessment list: Item No. 2. 321 So. Bliss Street; No, 25. 530 Olive Street; No. 5. 1025 E. Brundage Lane; No, 6, 1029 E. Brundage Lane, and 201 Hoover Street deferred to the next meeting. Resolution confirming the report of lhe Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished. Development Services Director Jack Hardisty requested 811 Casino Street be removed from the assessment list. Hearing opened at 8:31p.m. No one spoke at hearing. Hearing closed at 8:31p.m. Motion by DeMond to adopt the resolution as amended, removing 811 Casino Street from the assessment list. ACTION TAKEN APPROVED RES 73-00 APPROVED 165 166 Bakersfield, California, June 28, 2000 -Page 10 10. HEARINGS continued Resolution adopting fees pursuant to the Cost Recovery System. Hearing opened at 8:33 p.m. No one spoke at hearing. Hearing closed at 8:33 p.m. Carson requested staff review the swimming pool fees. Motion by Carson to adopt the resolution. Resolution approving the issuance of equipment only purchase program notes by the California Statewide Communities Development Authority (TEFRA Hearing), not to exceed $1.6 million. (Ward 1 ) Hearing opened at 8:34 p.m. No one spoke at hearing. Hearing closed at 8:34 p.m. Motion by Carson to adopt the resolution. Mayor Price recessed the meeting at 8:40 p.m. and reconvened at 8:50 p.m. REPORTS Acceptance of Bakersfield Redevelopment Agency Report No. RA2-00 regarding Responses to Requests for Statements of Interest; concurrence with execution of an Exclusive Right to Negotiate Agreement with Ray P. Olmscheid Development Company. Rowles announced conflict due to source of income to previous employer within the last 12 months. 6. PUBLIC STATEMENTS continued Michael Abril, Borton, Petrini & Conron, representing Sheila Vonderhaar, All Seasons Air Conditioning, spoke regarding eminent domain proceedings. ACTION TAKEN RES 74-00 APPROVED RES 75-00 APPROVED 10. Bakersfield, California, June 28, 2000 -Page 11 REPORTS continued Dave Cross, representing H.W. Lakeshore Pines, Joint Venture, spoke in support of revitalization of the redevelopment area. Salvaggio requested staff respond to the letter from Mr. Abril and to comments made this evening. Assistant City Manager Alan Christensen gave a brief update and introduced Ray P. Olmscheid, President of Ray P. Olmscheid Development Company, who introduced the team of architects, partners and tenants: Paul Crawford, Partner with Ray P. OImscheid; Montezuma Esparza, Maya Cinemas; Phil Fontes, C.B. Richards, Ellis; Bob Lyons of Rossetti Architects; Joseph Galardi, President California League; Jack Patton, Bakersfield Blaze; Larry Steel and Shelly Gartner, C.O.O. Hoop USA; a computer presentation was given and written material submitted. Motion by Carson to: l) Accept report, concur with execution of an Exclusive Right to Negotiate Agreement with Ray P. Olmscheid Development Company; 2) Direct staff to work with the Bakersfield Redevelopment Agency on a three-party Disposition and Development Agreement; 3) Direct staff to begin recruiting an environmental consultant to assure the following issues will be addressed: stadium financing, property acquisition, parking, tax increment, EIR, public input and community involvement, affordable housing; time line; and 4) Formation of a Joint City Council/Bakersfield Redevelopment Agency Ad Hoc Committee, consisting of Councilmembers Carson, DeMond and Couch along with three members of the Bakersfield Redevelopment Agency to be appointed by the Chairperson of the Bakersfield Redevelopment Agency, at his discretion, for the purpose of holding meetings, as deemed necessary, to receive progress reports from staff regarding the status of negotiations for the Disposition and Development Agreement with Ray Olmscheid Development. ACTION TAKEN APPROVED ABS ROWLES Bakersfield, California, June 28, 2000-Page 12 11. DEFERRED BUSINESS Ordinance adding, amending and rescinding various sections of Title 17 of the Bakersfield Municipal Code pertaining to families, daycare homes, and residential facilities in residential zones; accessory buildings; wall and landscaping separations; churches in the C-O zone; signs for nonprofit organizations; and other general ordinance cleanup items. (First reading 6/14/00) Motion by Carson to adopt the ordinance. Ordinance adding Chapter 2.62 of the Bakersfield Municipal Code relating to the creation of a Keep Bakersfield Beautiful Committee. (First reading 6/14/00) Motion by Carson to adopt the ordinance. c. Fiscal Year 2000-01 Budget: Resolution approving and adopting the City of Bakersfield Operating and Capital Improvement Budget as amended. Resolution approving and adopting the Operating and Capital Improvement Budgets for the Bakersfield Redevelopment Agency as amended. 3. Resolution establishing the City of Bakersfield Appropriations Limit. Maggard requested staff review the possibility of more strategic planning in Northeast Bakersfield. DeMond requested staff include the new redevelopment area in planning efforts. Couch requested Development Services Director Jack Hardisty report back to Council regarding the costs involved in dedicating an employee to long-term planning efforts. Motion by Carson to adopt the resolutions as amended including $200,000 for the transportation study. ACTION TAKEN ORD 3964 APPROVED ORD 3966 APPROVED RES 76-00 RES 77-00 RES 78-00 APPROVED Bakersfield, California, June 28, 2000 -Page 13 12. NEW BUSINESS Ordinance authorizing the City Councill to sit as the Board of Directors of the Kern River Levee District, approve the annual budget and authorize the Water Board to review the operations of the District and provide direction to staff within budgetary guidelines. Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zone Map No. 102-33 by changing the zoning frorn Limited Multiple-Family Dwelling zone to a One Family Dwelling - Church zone on .98 acres, located on the southwest corner of Quailwood Drive, north of El Rio Drive (P00-0285) (Ward 5) Amendment No. 2 to Agreement No. 85-142 with the City of Los Angeles extending the time period and lowering the cost of spreading effluent from Wastewater Treatment Plant No. 3. Motion by Carson to approve amendment. Resolution supporting Assembly Bill 2495 (Ashburn) concerning local regulations of biosolid imports. Motion by Carson to adopt the resolution. Request by Time Warner Cable for a 36-month waiver of franchise fees related to Road Runner Internet service. 6. PUBLIC STATEMENTS continued L. Moxley spoke in opposition of staff recommendation and submitted written material. Motion by Carson to refer to Legislative and Litigation Committee for review. ACTION TAKEN FR FR AGR 85-142(2) APPROVED RES 79-00 APPROVED APPROVED NS MAGGARD Amended motion by Carson to direct staff to prepare a resolution in accordance with the City Charter to bring about the change, for Counc#'s review. WITHDRAWN 170 Bakersfield, California, June 28, 2000 -Page 14 13. COUNCIL STATEMENTS Rowles stated he will be formally submitting his letter of resignation as a member of the City Council to Mayor Price, effective June 30, 2000. He thanked current and previous Councilmembers, City staff, the citizens of Ward 5, and friends and family. Councilmember Salvaggio thanked Rowles for his seven years of service to the City and wished him and his family the best of luck. Couch stated he appreciated Rowles expertise and wished him well. Couch referred to staff the issue of weed abatement on the east side of Coffee Road, north of Granite Falls. Couch referred to Legislative and Litigation Committee to review the issue of increasing the penalties for littering. Couch thanked Raul Rojas, Jack LaRochell, Marian Shaw, and Greg Klimko for their assistance. Couch referred to the Urban Development Committee, the issue of completing arterials along south Buena Vista Road and getting reimbursement from developers at time of development. Sullivan acknowledged Rowles parents in the audience and expressed appreciation and best wishes to Rowles. DeMond requested staff review the Traffic Impact Fee Program and to be sure 24~h Street is listed. DeMond wished Rowles well and stated she enjoyed serving with him on the Council. Maggard requested staff review the possibility of a median alternative and related costs and contact him to discuss this issue. Maggard thanked staff for the stop sign at the corner of Panorama and University. Maggard thanked Rowles for showing him theway and looks forward to working with him. ACTION TAKEN Bakersfield, California, June 28, 2000 -Page 15 13, COUNCIL STATEMENTS continued Carson expressed appreciation to Rowles and wished him well in his future. Carson stated that upon receipt of Councilmember Rowles letter of resignation she will appoint an ad hoc committee consisting of Mayor Price, Vice-Mayor Carson and Councilmember Maggard, to establish the process for soliciting candidates for Interim Councilmember, to fill the Ward 5 vacancy, and submit the selection process to Council on July 19, 2000. City Manager Alan Tandy thanked Rowles and stated his sense of humor will be missed. Mayor Price asked Rowles and his family to attend the next Council meeting for a presentation. Mayor Price stated Ward 5 and the City of Bakersfield were very fortunate to have his dedication. 14. ADJOURNMENT Motion by Carson to adjourn at 11:54 p.m. MAYO~of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Cler}( ~ the Council of the City of BakersfieldU/ ACTION TAKEN APPROVED 171