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HomeMy WebLinkAbout07/19/00 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 19, 2000 Council Chambers, City Hall, 1501 Truxtun Avenue PrE;-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 173 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Maggard (seated at 5:30), Couch, Sullivan, Salvaggio None. ACTION TAKEN 2. WORKSHOP a. Annexation Process Update. Assistant City Manager Alan Christensen gave an overview and introduced City Clerk Pam McCarthy who gave a computer presentation. b. Report on Citiz~;n Attitude Survey. Assistant City Manager Alan Christensen gave a brief computer presentation and introduced Pare Woolridge, Research Network Unlimited, who presented survE;y results. Motion by Carson to recess to Closed Session at 5:50 p.m. APPROVED CLOSED SESSION Conference witin Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Derek Tisinger vs. City of Bak~;rsfield, et al.; Kern County Superior Court Case No. 233578-SPC. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Subdivision (a) of Government Code Section 54957. Motion by DeMond to recess from Closed Session at 6:55 p.m. APPROVED Bakersfield, California, July 19, 2000 - Page 2 REGULAR MEETING 1. INVOCATION by Councilmember Maggard 2. PLEDGE OF ALLEGIANCE by Councilmember Maggard 3. ROLLCALL Present: Mayor Price, Councilmembers Carson, DeMond, Maggard, Couch, Sullivan, Salvaggio Absent: None. ACTION TAKEN CLOSED SESSION ACTION Mayor Price announced Closed Session Action as follows: Item 3.a. Council voted by a vote of five to one, authorized the City Attorney, in the event motions already filed are denied by the Superior Court, to file an appeal of the judgment entered in the matter of Derek Tisinger vs. City of Bakersfield et al.; Kern County Superior Court Case No. 233578-SPC; and Item 3.b. is continued to the end of the regular Council meeting, see Page 14. PRESENTATIONS Mayor Price presented a clock to Randy Rowles for dedicated sen/ice to the City of Bakersfield as Councilmember of Ward 5. Rowles accepted the clock and thanked the citizens of Ward 5 and his family for their support. Mayor Price announced Deferred Business Item d. has been pulled from the agenda and will not be heard at this meeting. PUBLIC STATEMENTS The following individuals spoke regarding the use of Community Development Block Grant funds: Renee Nelson and Stanley Shires. Tom Fallgetter spoke in opposition of Item 9.f. and thanked Council and staff for their effort to try and resolve this issue. Bakersfield, California, July 19, 2000 - Page 3 PUBLIC STATEMENTS i:ontinued Garth Milam spoke regarding spoke regarding the Bakersfield Fire Department involvement in Kern Critical Incident Response Team. Couch requested staff draft a letter of support for the Critical Incident Response Team. Charles Haberkern spoke regarding installing a traffic signal at Truxl:un and Truxtun Plaza West, and submitted written petitions. Carson referred the petitions to the Traffic Division and requested a report back to Council regarding the feasibility of a signal light. The following individuals spoke regarding annexations: Barbara Fowler and Barbara Fields. The following individuals spoke in support of the multi-purpose stadium: Sal Diaz and Phyllis Waldo. Erica Hinojos spoke in support of the City Center Project. ACTION TAKEN APPOINTMENTS a. One appointment to the Fire Civil Service Board. Ward I - Campbell Ward 2 - Vetter Ward 3 - Vetter Ward 4 - Vetter Ward 5 - vacant Ward 6 - Vetter Ward 7 o VetteE' City Clerk McCarthy announced the individual receiving the highest number of votes was Jeffrey M. Vetter. Mayor Price announced Jeffrey M. Vetter has been appoint~;d to the Fire Civil Service Board, term expiring December 31, 2001. APPROVED 176 Bakarsfield, California, July 19, 2000- Page 4 CONSENT CALENDAR Minutes: a. June 28, 2000 Council Meeting. Payments: Payments from June 17, to July 7, 2000 in the amount of $7,396,070.36; and Self Insurance payments from June 17, to July 7, 2000 in the amount of $546,680.76. Resolutions: Resolution determining that an ice floor cover for use in the Centennial Garden Arena cannot be obtained through the usual bidding procedures and authorizing the Finance Diirector to dispense with bidding, not to exceed $105,500. d. Resolution adopting the Investment Policy of the City. Agreements: Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with San Joaquin Development Group LLC for Tract 5!;)47, Phase 1, located south of McKee, west of Wible Road. (Ward 6) Final IVlap with Fruitvale Properties LLC by Curci-T urner Company for Tract 5917, Phase 1, located at the northeast corner of Calloway Drive and Hageman Road. (Ward 4) Agreement with Police Activities League (PAL, a 501 (c)(3) tax exempt organization) to purchase five printers - $5.00 and ten computers - $10.00. ACTION TAKEN RES 80-00 REMOVED FOR SEPARATE CONSIDERATION AGR 00-182 AGR 00-183 REMOVED FOR SEPARATE CONSIDERATION Award Consultant Agreements to Porter-Robertson Engineering and Surveying, Inc. ($150,000) and Ruettgers & Schuler Civil Engineers ($150,000) for providing "on call" civil engineering and surveying services for non-federally funded Capital Improvement Projects during Fiscal Years 2000- 01 and 2001-0~.!. AGR 00-185 A G R 00-186 Bake~rsfield, California, July 19, 2000 - Page 5 CONSENT CALENDAR continued Consent to Common Use Agreement with Chevron Pipe Line Cornpany for use of easement within Virginia Avenue and Oswell Park Drive, east of Oswell Street. (Ward 1 ) Bids: i. Additional Centennial Garden Arena Suites: (Ward 2) Award Contract to Colombo Construction Company, $274,100 for construction of Centennial Garden suite addition. Appropriate $81,000 additional suite revenue from the Transient Occupancy Tax Fund and $44,000 Economic Development Revolving Loan Balance to the Capital Improvement Budget within the Capital Outlay Fund for construction of three additional arena suites. j= Accept bid from Western Pacific Signal, LLC, $199,806.75 for 230 traffic signal controllers and prom modules for the Public Works Department. Reject all bids for traffic signal interconnect installation at various locations in the City of Bakersfield. (Wards 1,2,4,5,6,7) Miscellaneous: Appropriate $1,243,000 to the Operating Budgets within the Public Financing Authority Operating and Debt Service Fund and Special Assessment District Funds for bond calls. Motion by Carson to adopt Consent Calendar Items a. through I. with separate consideration of Items d. and f. ACTION TAKEN AGR 00-187 CON 00-188 APPROVED de Resolution adopting the Investment Policy of the City. Motion by Couch to adopt Consent Calendar Item d. RES 81-00 APPROVED 178 Bakersfield, California, July 19, 2000 - Page 6 CONSENT CALENDAR continued Agreement witlh Police Activities League (PAL, a 501 (c)(3) tax exempt organization) to purchase five printers - $5.00 and ten computers - $10.00. Motion by Carson to adopt Consent Calendar item f, ACTION TAKEN AGR 00-184 APPROVED HEARINGS 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 1,2,3,4,7) Building Director Dennis Fidler stated the following assessments have been paid and requested Items No, 14. 3410 Lotus Lane; No. 19. 910 O Street; and No. 32, 1501 Lake Street, be removed from the assessment list. Hearing opened at 7:42 p.m. No one spoke at hearing. Hearing closed at 7:42 p.m. Motion by Carson to adept the resolution. RES 82-00 APPROVED Resolution in support of amendment to the Kern Countywide Siting Element of the Countywide Integrated Waste Management Plan. Hearing opened at 7:43 p.m. No one spoke at hearing. Hearing closed at 7:43 p.m. Motion by Carson to adopt the resolution. RES 83-00 APPROVED Bakelrsfield, California, July 19, 2000 - Page 7 179 HEARINGS continued c. Resolution approving City Annexation No. 410, Proceeding No. 1281, uninhabited territory, located west of Allen Road to Jenkins Road, between Brimhall Road and Rosedale Highway. (Ward 4) 1. Agreement to Indemnify LAFCO for City Annexation No. 410, Proceeding 1281. Hearing opened at 7:44 p.m. No one spoke at hearing. Hearing closed at 7:44 p.m. Motion by Couch to adopt the resolution ordering tile territory annexed to the City of Bakersfield and approval of the agreement. ACTION TAKEN RES 8400 AGR 00-189 APPROVED Resolution approving City Annexation No. 411, Proceeding No.. 1282 uninhabited territory, located along the norl:h side of Stockdale Highway, to Morroco Avenue, east of Jenkins Road. (Ward 4) Agreement to Indemnity LAFCO for City Annexation No. 411, Proceeding 1282. Hearing opened at 7:45 p.m. No one spoke at hearing Hearing closed at 7:45 p.m. Motion by Couch to adopt the resolution ordering the territory annexed to the City of Bakersfield and approval of the agreement. RES 85-00 AGR 00-190 APPROVED 180 Bakersfield, California, July 19, 2000- Page 8 HEARINGS continued Protest hearing as required by Resolution of Intention No. 1212 proposing to add territory, Area 4-16, Chester Avenue, Phase 2: (Ward 2) Resolution adding territory, Area 4-16, Chester Avenue, Phase 2, to the Consoliidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Hearing opened at 7:47 p.m. No one spoke at hearing. Hearing closed at 7:47 p.m. Motion by DeMond to override protests and adopt ~he resolution. Public Hearin!] to determine whether the public interest and necessity require acquisition by eminent domain of property located at 1426 P Street, Bakersfield, California, for parking for the Centennial Garden ArenaJConvention Center (Code of Civil Procedures Section 1245.230, et seq.) (Ward 2) Hearing opened at 7:48 p.m. Mayor Price stated Tom Fallgetter spoke in opposition of staff's recommendation under Public Statements. Hearing closed at 7:48 p.m. Motion by DeMond to adopt a Resolution of Necessity de~:laring the public interest and necessity for the taking of property located at 1426 P Street, Bakersfield, California, for parking for the Centennial Garden Arena/Convention Center, enabhrng the City to condemn the subject property. ACTION TAKEN RES 86-00 APPROVED RES8~O0 APPROVED Bakersfield, California, July 19, 2000 - Page 9 lo. REPORTS Ad HOC Committee Report No. 1-00 regarding Council Vacancy Appointment Process. Mayor Price requested City Clerk McCarthy contact anyone; who has expressed interest in the interim Council position and let them know they must also submit an application Motion by Carson to accept report and implement recommendations. Motion by Couch to adopt the Resolution. ACTION TAKEN RES 88-00 APPROVED APPROVED Legislative and Litigation Committee Report No. 3-00 relating to 24-Month Franchise Fee Exemption in Connection with RoadRunner Services Provided by Time Warher. Resolution declaring the City's intention to modify the Franchise Agreement with Time Warner Entertainment Advance/New House. 6. PUBLIC STATEMENTS continued Larry Ivloxley, representing Time Warner Cable rnade comments. Motion by Couch to accept the report, implement the recommendations and adopt the resolution. RES 89-00 APPROVED 11. DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zone Map No. 102-33 by changing the zoning from a Limited Multiple-Family Dwelling zone to a One Family Dwelling - Church zone on .98 acres located on the southwest corner of Quailwood Drive and North El Rio Drive (P00-0285). (First reading ~V28/00) (Ward 5) Motion by Catson to adopt the ordinance. ORD 3966 APPROVED 182 Bakersfield, California, July 19, 2000 - Page 10 11. DEFERRED BUSINESS. continued Ordinance authorizing the City Council 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. (First reading 6/28/00) Motion by Sajrvaggio to adopt the ordinance. Cm Resolution corffirming the report of the Chief Code Enforcement Officer regarding amendment of assessment for 201 Hoover Street, eliminating an incorrect assessment for 904 Sandra Drive and denying confirmation of costs for properties at 1025 and 1029 E. Brundage Lane in the City of Bakersfield for the abatement of certain weeds, debris and waste matter. (Wards 1,2) Motion by DeMond to adopt the Resolution and accept the report and recommendations to: 1) amend asse-~sment of 201 Hoover Street; 2) eliminate an incorrect assessment previously imposed on 904 Sandra Drive; 3) not assess the properties at 1025 and 1029 E. Brundage Lane. Sewer lift station at the northeast corner of Ming Avenue and Grand Lakes Avenue: 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. (Ward 4) Improvement Agreement for vacation of access easement with applicant Khalid Abureyaleh for same property. (ward 4) ACTION TAKEN ORD 3967 APPROVED RES 90-00 APPROVED DELETED 12. NEW BUSINESS Ordinance amending Section 1.12.010 of the Bakersfield Municipal Code by adding Annexation No. 409 to Ward 1, located north of Bear Mountain Blvd., west of Fairfax Road. (Ward 1) FR Bakersfield, California, July 19, 2000 - Page 11 12. NEW BUSINESS continued be Permits for vendors conducting sales from portable concession stands in City parks. Resolution establishing a moratorium on the issuance of permits for vendors conducting sales from portable concession stands in City parks pursuant to 12.56.240(B) and (C). Motion by Carson to adopt the resolution and refer the matter to the Legislative and Litigation Committee. ACTION TAKEN RES 91-00 APPROVED 13. COUNCILSTATEMEN~ DeMond requested ;staff go forward with the Ming Development project and contact citizen's who have requested input into the project. DeMond requested ,,;taft put the issue of Red Light Enforcement on the next Joint City/County Meeting agenda. Also requests staff to provide infi~rmation and prepare a report regarding concerns on how the unified court system would process the amount of citations that this enforcement would produce. Maggard requested staff set up a meeting with the County and the Dist~Fct Attorney regarding expanding our graffiti abatement program with the County. Also, review the language in criminal charges to increase penalties for this type of crime. Sullivan thanked staff for their work on the annexation guide and requests that Council accept it and move forward. Sullivan requested staff look into the maintenance and condition of the wa~er in the sumps at Campus Park North and Campus Park South due to the water turnin~l green and requested a report back. Sullivan said hello to her granddaughter, Myrna D. Reese who is at Fort Hood in Colleen, TX., watching via the internet. Careen thanked the Legislative & Litigation Committee and staff for their work on the annexation guide. Carson commented on areas that need city services. Bakersfield, California, July19, 2000 - Page 12 13. COUNCIL STATEMENTS continued Carson requests staff set up a meeting to discuss the Planz Road sump issue. Carson requested the Southeast Lighting issue be re- referred back to the Budget & Finance Committee, and requested staff review funding in order to complete the entire project. Carson requested staff schedule a meeting with Occidental - Elk Hills regarding the letter they submitted. Carson thanked staff for the updated schedule regarding Maple, Madison and Casa Loma areas. Carson asked staff if the CIP Budget reflected information by Ward, Alan Tandy responded. Salvaggio thanked the! Building Department for their efforts on his referrals. Salvaggio mentioned the issue regarding the swings at Wilson Park to Stan Ford. Salvaggio requested staff provide him with information regarding the Golden Empire project by Central Park. Salvaggio referred an article to staff regarding using public funds to build Baseball Stadiums and requested a written response back to Council. Salvaggio requested staff provide him with the recommendation ~,om the Planning Department regarding the proposed bicycle motocross race track scheduled for a hearing before the Board of Zoning AdjustmenL (P00-04.80) Salvaggio stated he is ready to move fo~'ward with the annexation guide. Salvaggio referred to Public Works repair of the pot hole on Jonah Street, south of Pacheco Road. Salvaggio stated he enjoyed the Amtrak Grand Opening festivities. Couch congratulated Nell Tierney, Bruce Fritz, Mike Doyle and Frank Herrera of the Parks Department on their upcoming retirement; and thanked the Water Department regarding their brochure. ACTION TAKEN Bakersfield, California, July 19, 2000 - Page 13 13. COUNCIL STATEMENTS continued Couch requested information regarding the study on the Ice Rink and requested that it be brought back to Counc~ at a later date. Couch thanked Stan Ford for his responsiveness with a request. Couch referred the issue of Permits for Transient Outdoor Businesses to the Legislative & Litigation Committee. Couch requested staff provide the names of the private groups who will be paying pool fees and the process that will be used to calculate attendance, etc. Couch requested staff consider GET's proposal, and stated he would like to attend any meetings regarding the proposal and requested a report back to Council. Couch inquired if a Letter of Credit was needed from the developer regarding the City Center project. Bart Thiltgen responded. Couch requested siaff look into the possibility of scheduling a Joint City/County Planning Commission meeting to discuss mutual concerns. Couch requested the Planning Commission look into a North Beltway alignn.~ent- Couch requested ,,;taft advise him of the Special Election time lines for the language regarding an advisory vote on the City Center project, Couch requested st-'vff discuss with him the possible uses for the unused Traffic Impact Fees. Couch referred to the Urban Development Committee the Assessment District Notification process. DeMond mentioned the installation of the granite Kugal around November at the Amtrak Station. DeMond referred to Public Works the issue at Homemaker Place and the water drainage problems near the Joshua Park Ioca!tion. ACTION TAKEN 186 Bakersfield, California, July 19, 2000 - Page 14 13. COUNCIL STATEMENTS continued Mayor Price commented on the Amtrak Grand Opening and appreciated Buck Owen's attendance. Thanked staff, construction staff, and Building Director Dennis Fidler for their work on the Amtrak and underpass projects. ACTION TAKEN Motion by Carson to recess to Closed Session at 8:31 CLOSED SESSION continued Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Subdivision (a) of Governmenl~ Code Section 54957. Motion by Carson to adjourn Closed Session at 10:03 p.m. Mayor Price announced Council had a good discussion with City Manager Alan Tandy and Council has completed the evaluation. APPROVED APPROVED 14. ADJOURNMENT Motion by Carson to adjourn at 10:04 p.m. M~O~he City of Bakersfield, CA ATTEST: APPROVED