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HomeMy WebLinkAbout08/30/00 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 30, 2000 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLLCALL ACTION TAKEN Present: Absent: Councilmembers Carson, DeMond, Maggard, Couch, Green, Sullivan (seated at 5:25 p.m,), Salvaggio Mayor Price 2. WORKSHOP a. City of Bakersfield GIS Demonstration MIS Director Bob Trammell gave an overview and introduced GIS Analyst Bob Amos, who gave a computer presentation. b. Median Island Enhancement Update. Public Works Director RauB Rojas gave brief update and introduced Civil Engineer Ted Wright, who gave a computer presentation and provided written material c. Code Enforcement and Community' Policing Development Services Director Jack: Hardisty gave a computer presentation regarding the Code Enforcement Process and introduced Sgt. Grimm who gave an overview of the PoEice Department's role in code enforcement issues. Motion by DeMond to recess to Closed Session at 6:15 p.m. CLOSED SESSION Conference with Legal Counsel Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9.; Union Pacific Railroad Company, Inc. et al. v. Pacific Bell, etc., et al. and related cross-action; Kern County Superior Court Case No. 239429-SPC APPROVED AB MAYOR PRICE NAT Bakersfield, California, August 30, 2000 - Page 2 CLOSED SESSION continued Conference with Legal Couns~;I -. Potential Litigation; Initiation of Ilitigation pursuant to Subdivision (c) of GoveFnment Code Section 54956.9; One potential case. DeMond announced based upon a potential common law conflict of interest she will abstain from Closed Session Item b. Motion by Carson to adjourn from Closed Session at 6:45 p.m. REGULAR MEETING 1. INVOCATION by Vice-Mayor Irma Carson ACTION TAKEN PLEDGE OF ALLEGIANCE by Councilmember Salvaggio NAT ABS DEMOIVD 3. ROLL CALL Mark APPROVED AB MAYOR PRICE Present: Councilmembers Carson, DeMond, Maggard, Green, Coucih, Sullivan, Salvaggio Absent: Mayor Price CLOSED SESSION ACTION Vice Mayor Carson announced Closed reflected on pages I and 2. Session as PRESENTATIONS Vice- Mayor Carson presented a Proclamation to Margie Gatson, President of the :South San Joaquin Valley Chapter of the National Ovarian Cancer Coalition, proclaiming September, 2000 as "Ovarian Cancer Awareness Month." PUBLIC STATEMENTS a. Mark Roberrs spoke regarding the City Center Project. b. The following individuals spoke regarding annexations: Barbara Fowler; .Jane Prewett; Barbara Fields; and Becky Kaiser. Bakersfield, California, August 30, 2000 ~ Page 3 PUBLIC STATEMENTS continued ACTION TAKEN Cynthia Icardo spoke regarding the Bakersfield Museum of Art. Ricky Peterson spoke regarding street lighting Southeast Bakersfield Project area. APPOINTMENTS Seven appointments to the Keep Bakersfield Beautiful Committee. Councilmembers made the following nominations: Ward 1 - Michael Caprai Ward 2 - Randal Beeman Ward 3 - Kimberly Ceasar Ward 4 - Kevin Burton Ward 5 - Michael Ming Ward 6 - John Enriquez Ward 7 - Cathi Guerem Motion by Couch to accept nom~Fnations. CONSENT CALENDAR Minutes: a. August 16, 2000 Council Meeting. Payments: Payments from August 8, to August 18, 2000 in the amount of $5,349,499.15; and Self Insurance payments from August 8, to August 18, 2000 in the amount of $204,572.79. Resolutions: Resolution of Intention No. 1222 onJering the vacation of Camino Grande Driw3 to prohibit public access along the north side of the Cogeneration Plant. (Ward 3) Resolution ordering the summary abandonment of the west 130 feet for a lot line adjustment within Tract No. 5698. (Ward 6) APPROVED AB MAYOR PRICE REMOVED FOR SEPARATE CONSIDERATION RES f05-O0 Bakersfield, California, August 30, 2000 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Resolution ordering the summary abandonment of the Reserved Public Utility Easement in the vacated alley for the Downtown extension Complex at 20"~ and K Streets. (Ward 2) RES 106-00 Resolution adding territory, Area 3-'12 (Akers, McKee SW) to the Consolidated Maintenance District and confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) RES fOT-OG Resolution adding territory, Area 2:-23 (Wheelan Court) 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 5) RES f08-O0 Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2000-01. RES fO9-O0 Resolution determining that a mobile stage unit for the Recreation and Parks Department cannot be roasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding, not to exceed $117,972.19. RES lfO-O0 j. BakersfieBd Municipal Airport: Resolution appraving the application for Grant Funds for the 2000 Aeronautics Program adopted by the California Transportation Commission for slurry seal improvementsatthe Bakersfield Municipal Airport. RES Accept and appropriate $85,000 State Grant Funds and appropriate $10,000 fund balance to the Capital Improvement Budget within the General Aviation Fund. Agreements: Transportation Impact Fee Agreementwith Castle & Cooke California, Inc. for construction of additional travel lanes on Buena Vista Road and Ming Avenue. (Ward 4} AGR 00-228 Bakersfield, California, August 30, 2000 - Page 5 CONSENT CALENDAR continued ACTION TAKEN Seismic retrofit design of six City bridges: (Ward 2,3) Amendment No. 2 to Agreement No. 97-346 with W. Koo & Associates, inc., $12,297. AGR 97-346(2) Appropriate $12,000 Surface Transportation Program Funds and $3,000 State Seismic Funds to the Capital Improvement Budget within the Surface Transportation Fund and Gas "Fax Fund. Contract Change Order No, 8 to Contract No. 99-49, Q Street Underpass, Chester Avenue Underpass widening and related track work at the Burlington Northern and Santa Fe RailwayTracks, for installation of insulated joints on railroad tracks, seismic protection for the Chester Avenue Underpass Railroad Bridge, payment of an early completion incentive at a cost increase of $161,002. (Ward 2) Bids: Award Annual Contract to Granite Construction for street materials to repair City street surfaces, not to exceed $1,318,710. CON 00-229 Extend bid award to Central Valley' Truck Center to add $111,710.53 for one additional refuse truck for Public Works Department. Reject bid for traffic signal interconnect installation at various locations in the City of Bakersfield. (Ward 1,2,4,5,6,7) Miscellaneous: Quitclaim Deed from the City of Bakemfield to the Links at Riverlakes Ranch, LLC for a Public Utility Easement and Sewer Easement located west of Riverlakes Drive, north of Hageman Road. (Ward 4) DEED 5250 Update of Capital Improvement Ptan and Fee Schedule for Transportation Impact Fse. REFERRED TO URBAN DEVELOPMENT COMMITTEE Bakersfield, California, August 30, 2000 - Page 6 CONSENT CALENDAR continued ACTION TAKEN Approval of Community Devegopment Block Grant Amendment No. I (FY 00/01 ); Amendment No. 5, FY 99/00; Amendment No. 7, FY 98/99; Amendment No. 8, FY 97/98; Amendment No. 15, FY 96/97; and Amendment No. 12, FY 95/96. Transfer $30,000 from Council Contingency to the Non-Departmental Operating Budget for a contribution to the Bakersfield Museum of Art for construction of the sculpture garden project. (Ward 2) City Positions on League of California Cities Resolutions. Transient Outdoor Business Permits. RET=ERRED TO BUDGETAND FINANCE COMMITTEE Motion by Couch to adopt Consent Calendar a. through v., with separate consideration of Item c. APPROVED AB MAYOR PRICE Resolution of Intention No. 1222 ordering the vacation of Camino Grande Drive to prohibit public access along the north side of the Cogeneration Plant. (Ward 3) Motion by Maggard to adopt Consent Calendar Item c. APPROVED AB MAYOR PRICE HEARINGS a. Resolution confirming the report of the Chief Code Enforcement Officer regarding assessment of 825 Brundage Lane in the City of BakersfieBd for which a dangerous building has been demolished. (Ward 1) Hearing opened at 7:43 p.m. No one spoke at hearing. Hearing closed at 7:44 p.m. Motion by Salvaggio to adopt the resolution. RES ff2-00 APPROVED AB MAYOR PRICE Bakersfield, California, August 30, 2000 - Page 7 HEARINGS continued ACTION TAKEN 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) RES 113-00 Development Services Director ,Jacl~ Hardisty requested item Nos. 16 and 37 be rernoved from the assessment list. Hearing opened at 7:45 p.m, No one spoke at hearing. Hearing closed at 7:46 p.m. Motion by DeMond to adopt the resolution as amended removing No. f6 and 37 from the assessment list. APPROVED AB MAYOR PRICE Public Hearing to notice the extension of the moratorium against issuance of permits for vendors conducting sales from portable concession stands in City parks; pursuant to Section 12.56.240 (B) and (C). Hearing opened at 7:46 p.m. No one spoke at hearing. Hearing closed at 7:47 p.m. Motion by Couch to approve the. ex,tension of the moratorium. APPROVED ABr MAYOR PRICE Resolution in support of amendment to the Kern Countywide Siting Element of the Countywide Integrated Waste Management Plain. Hearing opened at 7:47 p.m. No one spoke at hearing. Hearing closed at 7:47 p.m. Motion by DeMond to adopt the resolution. RES f f 4-O0 APPROVED AB MAYOR PRICE Bakersfield, California, August 30, 2000 - Page 8 HEARINGS continued ACTION TAKEN Ordinance amending Section 14 of Subsection (a) of Ordinance No. 2518 relating to the Cable Television Franchise of Time Warner Entertainment Advance/New House. (First reading 8/16/2000) ORD 3969 Hearing opened at 7:47 p.m. Jean Robertson spoke in opposition of staff recommendation. Larry Moxley, TimeWarner CaMe, spoke in support of staff recommendation. Jean Robertson spoke in rebuttal in opposition of staff recommendation. Hearing closed at 7:54 p.m. Couch requested staff forward a copy of the minutes of the last Legislative and Litigation Committee meeting to Jean Robertson; and requested staff draft a letter addressing her concerns. Motion by Couch to adopt the ordinance. APPROVED AB MAYOR PRICE Motion by DeMond to move Deferred Business forward on the Agenda. APPROVED AB MAYOR PRICE 11. DEFERRED BUSINESS Ordinance amendBng Bakersfield Ivlunicipal Code Section 1.12.040 by adding Annexation No. 410 to Ward 4, located between Allen and Jenkins Roads, north of Brimhall Road to Rosedale Highway. (First reading 8/46/00) (Ward 4) Motion by Couch to adopt the ordinance. ORD 3970 APPROVED AB MAYOR PRICE Ordinance amending Bakersfield Ivlunicipal Code Section 1.12.040 by adding Annexation No. 411 to Ward 4, located north of Stockdale Highway between Allen and Jenkins Road. (First reading 8/46/00) (Ward 4) ORD 3971 Motion by Couch to adopt the ordinance. APPROVED AB MAYOR PRICE 11. Bakersfield, California, August 30, 2000 - Page 9 DEFERRED BUSINESS continued ACTION TAKEN Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 123-10 and 123-11 changing the zoning district from One Family Dwelling Church and Limited Multiple Family Dwelling to Planned Commercial Development on 5.14 acres, located at the southwest corner of Ming Avenue and Canter Way. (ZC P00-0236) (First reading 8/16/00) (Ward 2,5) ORD 3972 Motion by DeMond to adopt the ordinance. APPROVED AB MAYOR PRICE Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 1 i) 2-30 from Neighborhood Commeroiag and Estate to Limited Multiple Family Dwelling zone. (ZC P00-0238) (First reading 8/16/00) (Ward 4) Motion by Couch to adopt the ordinance, ORD 3973 APPROVED AB MAYOR PRICE Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nio. 102-19 changing the zoning district from One Family Dwelling to Ranned Commercial Development, consisting of 3.93 acres at the northwest corner of Calloway Drive and Meacham Road. (ZC P00- 0253) (First reading 8/16/00) (Ward 4) Motion by Couch to adopt the ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 1102-23 and 102-24 by changing the zoning frorn Planned Commercial Development zone to a revised Planned Commercial Development: zone to add a hellstop, and to revise the medical office building and hospital wing of the Bakersfield Heart Hospital on 10 acres, located at 3001 Sillect Avenue, (ZC P99-0911) (First reading 8/16/00) (Ward 5) ORD 3974 APPROVED AB MAYOR PRICE ORD 3975 Motion by Green to adopt the ordinance. APPROVED AB MAYOR PRICE 218 11, Bakersfield, California, August 30, 2000 - Page 10 DEFERRED BUSINESS continued ACTION TAKEN Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-18 from Planned Unit Development zone to One Family Dwelling zone on 65.44 acres, located south of Campus Park Drive, west of Old River Road. (ZC P00-0235) (First reading 8/16/00) (Ward 4) ORD 3976 Motion by Couch to adopt the ordinance. APPROVED AB MAYOR PRICE Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 102-15 and 102-22 from Light Manufacturing, General Manufacturing and Heavy Manufacturing to One Family Dwelling zone, Limited Multiple Family Dwelling and General Commercial zone, upholding the decision of the Planning Commission and denying the appeal by Olive- Landco Associates to the conditions of approval. (Zone Change P99-0482 ) (First reading 8/16/00) (Ward 4) Motion by Couch to adopt the ordinance. ORD 3977 APPROVED AB MAYOR PRICE 10. Ordinance repealing Section 15.64.180 of the Bakersfield Municipal Code regarding Unsupervised Fuel Dispensing. (First reading 8/16/00) Motion by Maggard to adopt the ordinance. REPORTS a. Salary Survey Results: Personnel Committee Minority Report No. 1-00 (Maggard) Personnel Committee Minority Report No. 2-00 (Carson) Motion by Maggard to proceed with raises to seven positions recommended, capped at no more than 5%; direct staff to go back to established process used in the past to request raises; and in the future conduct a comprehensive salary study, including the private sector, conducted by an outside service chosen by an Ad Hoc Committee which represents a cross section of those employees who will be reflected. ORD 3978 APPROVED AB MAYOR PRICE RES f08-99(3) FARED NS CARSON DEMOND COUCH SALVAGGIO AB MAYOR PRICE 10, Bakersfield, California, August 30, 2000 - Page 11 REPORTS continued ACTION TAKEN Motion by Salvaggio to approve raises for the seven positions recommended in Minority Report No. f-O0, capped at no more than 5%, with no survey. APPROVED NS CARSON DEMOND COUCH AB MAYOR PRICE 12. NEW BUSINESS Ordinance amending Subsection F of Section 3.20.090 of the Bakersfield Municipal Code relating to performance bonds. Ordinance amending Title 17 of the Bakersfield Municipal Code and muttiple zone maps within the metropolitan Bakersfield area by changing the zoning for forty-two City parks and twelve North Bakersfield Recreation and Parks District parks from various zone classifications to Open Space zoning. Ordinance amending Chapter 5.08 of the Bakersfield Municipal Code relating to Alarm Systems. FR FR FR 13. COUNCIL STATEMENTS DeMond requested staff respond to a I~;tter. DeMond referred to Urban Development Committee the issue of County drilling requirements and requested staff also review this issue. DeMond requested staff provide an update from a previous referral to Urban Development Committee regarding tree issues. DeMond referred to staff the issue of asbestos removal. Couch referred a citizen's concern regarding a private company charging for parking on a public street and a complaint regarding parking Downtolwn. Couch requested that the 40 acre park be considered as a multi-purpose park. Couch requested staff review how the City of Santa Cruz is handling electric bikes. 13. Bakersfield, California, August 30, 2000 - Page 12 COUNCIL STATEMENTS continued Couch requested staff respond to a ciffi:enl's concern regarding a recent fire at a refinery. Couch requested staff draft a thank-you letter to Supervisor Ken Peterson for meeting with him. Couch referred to staff the issue of employee incentive programs. Couch referred to staff a citizen's letter regarding light synchronization, for a response. Couch referred to staff a resident carl regarding purchasing computers. Couch thanked Marian Shaw, Jack Harcfisty and Jack LaRochelle for their assistance, Salvaggio thanked staff for working on thE; sidewalk and street problems at Woodmere Drive; and thanked Brad Underwood for addressing street light problems. Salvaggio referred to Public Works the issue of repairing pot holes on Planz Road, in l~ont of Planz School. Salvaggio requested clarification of thE! feasibility of the Ice Rink. City Manager Tandy respondE;d and will provide written clarification. Salvaggio commented on Channel 23 Editoriel criticizing Downtown efforts and read the Mayor's rebuttal. Sullivan acknowledged Executive Director of Bakersfield Museum of Art, Chades Meyer; expressed appreciation to Leadership Bakersfield Team 2 Committee; congratulated Interim Ward 5 Councilmember Jeff Green; wished Sandi Price a quick recovery; and thanked Irnla Carson for chairing the meeting. Maggard thanked Council for moving forward on the personnel issue. Maggard referred to Public Works the i.'ssue of street sweeping at Cardinal and Dana Streets.. Maggard referred to the Police Departrnenl! the issue gun permits for residents being anneKed from the County into the City and requested a response. ACTION TAKEN 13. Bakersfield, California, August 30, 2000 - Page 13 COUNCIL STATEMENTS continued Maggard thanked Code Enforcement Division staff for their efforts Maggard requested staff meet with him to discuss the issue of handicapped parking at Centennial Garden. Carson extended Sandi Price get well wishes. Carson referred to Public Works the issue of completing the paving on Lotus Lane. ACTION TAKEN 14. ADJOURNMENT Motion by DeMond to adjourn at 9:28 p,m. APPROVED AB MAYOR PRICE ATTEST: 221