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Home My WebLink About03/14/01 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 14, 2001 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 Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan (seated 5:18 p.m.) None ACTION TAKEN 2. WORKSHOP Establish Goals and Objectives and Develop Action Statements for the City of Bakersfield. Goal #5: Maintain and Upgrade the City's Quality of Life. Assistant City Manager Stinson gave a brief overview and provided written material. Couch suggested adding one component of Goal No. 4 and make it No. 2. Complete Downtown Component of 2010 General Plan. Motion by Salvaggio to adopt Goal No. 4, as amended, Goal No. 5 as presented and Guiding Principals as presented. APPROVED Motion by Salvaggio to recess to Closed Session at 5:30 p.m. APPROVED CLOSED SESSION Public Employee Performance Evaluation - City Manager. Closed Session pursuant to Subdivision (a) of Government Code Section 54957. Bakersfield, California, March 14, 2001 - Page 2 CLOSED SESSION continued Conference with Legal Counsel Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9. Roger Edwin Hadley, etc. vs. City of Bakersfield, et al.; United States District Court, Eastern District, Case No. CIV-F-00-5894 AWl DLB Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 regarding APN Nos.: Block 345 - 006-352-06 and 006-352-02 & 03; Block 346 - 006-360-11 & 12 and 006-360-08; Block 373 - 006-480-05 and 006- 480-08 ptn; Block 374 -006-491-03 and 006-491- 05 & 07; Block 375-006-492-01, 02, 04, & 05, 006-492-03, 006-492-10 and 006-492-11; Block 384 -006-502-01 & 05 and 006-502-02, 03 & 04; Block 385 -006-501-02, 05 & 10, 006-501-03, and 006-501-04; and Block 386 (portion east of and including canal) 006-510-06, 07 & 09. Negotiating Parties: Finance Director Gregory Klimko, Property Manager Don Anderson and Lakeshore Pines Dev., Ted M. & Eva F. Mull, Kern Delta Water District, Weatherby's, Vonderharr Family Trust, Sill Family Partnership, Carson Family Trust, Raymond C. Anderson, Clark Brothers Investments, 500 California, LLC, Cain Memorial AME Church, Rickie L. Stevens, and Stanley Abrahams; Under Negotiation: Price and terms of payment for purchase. ACTION TAKEN NAT NAT Motion by Salvaggio to adjourn from Closed Session at 6:52 p.m. REGULAR MEETING INVOCATION by Pastor Josephate Jordan, Christ First Ministries PLEDGE OF ALLEGIANCE by Stephanie Hammons, Student Council President, Thorner Elementary. 3. ROLLCALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan APPROVED Absent: None Bakersfield, California, March 14, 2001 - Page 3 CLOSED SESSION ACTION Mayor Hall announced the city council voted 4 to 3 to grant an increase in salary of 6%, together with a benefit of 75% sick leave conversion payout upon separation, and directed staff to return to the Council at the Council at the next meting with an amendment to the Employment Contract of the City manager embodying these changes. ACTION TAKEN PRESENTATIONS Donation by Kip Williamson of Krazan & Associates, Inc. of Geotechnical Report for Multi- Use Stadium. Joyce Thompson, Senate Bill 65 schools representatives, Foothill High School, gave a presentation regarding the efforts of the schools to decrease the dropout rate through grants to fund dropout prevention. Other representatives present: Milton Henderson, East Bakersfield High School; Ed DeLaVega, Sierra Middle School; Angel Hernandez, Fremont School; Debbie Ferrell, Fremont School, and Paula Fitzgerald, Virginia Avenue School, and provided written material. Councilmember Benham presented the Mayor's Proclamation to Richard Temple, Chief Executive Officer of Kern Chapter of the American Red Cress, proclaiming the month of March, 2001 as "American Red Cross - Kern Chapter Month". Also present was Tom DeNatale. Bob Price of the NCAA Organizing Committee spoke regarding the upcoming NCAA Division 2 Elite 8 Basketball Championships. Don Yager, Convention and Visitors Bureau presented T-shirts to Mayor Hall and Councilmembers PUBLIC STATEMENTS a. Becky Kaiser spoke regarding Agenda Item 1 O.d. Bakersfield, California, March 14, 2001 - Page 4 APPOINTMENTS Four appointments to the Historic Preservation Commission. Motion by Benham to appoint Nancy A. McNamee-Carter (Ward 2) to the Historic Preservation Commission, term expiring March 30, 2005. Motion by Maggard to reappoint Thomas W. Curran (Ward 3) to the Historic Preservation Commission, term expiring March 30, 2005. ACTION TAKEN APPROVED APPROVED CONSENT CALENDAR Minutes: a. February 28, 2001 Council Meeting, Payment: Payments from February 16, to March 01,2001 in the amount of $4,690,864.73; and Self Insurance payments from February 16, to March 01,2001 in the amount of $122,077.45. Resolutions: Resolution of Intention No. 1236 to increase assessments for a portion of Area 2-01 (Vineyards) within the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report and setting time and place for hearing protests to the proposed increase in assessments. (Ward 5) Resolution of the Council of the City of Bakersfield regarding the use of Housing Set Aside Monies outside the Downtown Redevelopment Project Area. (Wards 1,2) Resolution of the Council of the City of Bakersfield adopting the Final Environmental Impact Reports for the proposed City Center Project and the Southeast Bakersfield Redevelopment Project as the environmental documents for a proposed Southeast Bakersfield Redevelopment Plan amendment. (Wards 1,2) ROI 1236 RES 033-01 RES 034-01 Bakersfield, California, March 14, 2001 - Page 5 CONSENT CALENDAR continued f. Greenfield Union School District: Resolution approving an application for grant funds. Agreement with Greenfield Union School District for appropriation and use of grant funds. Appropriate $985,000 of State Grant to Capital Improvement Budget within the Park Improvement Fund. Agreements: g. Tract Maps/Improvement Agreements: Improvement Agreements with Donahue Schriber Realty Group L.P., and Donahue Schriber Asset Management Corporation, formerly known as DS Properties Co., Inc. as tenants in common for Parcel Map 10730 located at the northeast corner of Calloway Drive and Hageman Road. (Ward 4) Consultant Agreement with RRM Design Group to prepare a Space Needs Assessment Study for a proposed Public Safety Facility, not to exceed $80,000. Agreement with California Water Service Company for $213,000 of Community Development Block Grant funds for design and construction of fire flow improvements in the Chester Avenue #3 area. (Ward 2) Consent to Common Use Agreement with Chevron Pipe Line Company for an easement within proposed Polo Saddle Drive, east of Verdugo Lane. (Ward 4) ACTION TAKEN RES 035-01 AGR 01-058 AGR 01-059 AGR 01-060 AGR 01-061 AGR 01-062 AGR 01-063 66 Bakersfield, California, March 14, 2001 - Page 6 CONSENT CALENDAR continued Amendment No.1 to Transportation Impact Fee and Reimbursement Agreement No. 01-015: (Ward 7) Amendment No.lto Transportation Impact Fee and Reimbursement Agreement with Normal Development Corporation Retirement Trust to add construction of a portion of Akers Road (additional reimbursement to Developer not to exceed $53,750). Transfer $53,750 of Capital improvement Program appropriations from the Street Maintenance Chip/Slurry Seal and the improve City Sidewalks Projects to fund Developer's reimbursement within the Gas Tax Fund. Bids: Accept Iow bid to award Contract to Granite Construction Co., Inc., $1,975,675 for White Lane resurfacing/street widening construction from Wilson Road to Dovewood Street. (Ward 6) Appropriate $82,731 developer contribution to the Capital Improvement Budget within the gas Tax Fund. m. Annual Contract HUD Curb and Gutter: 1. Reject all bids. Amendment No. I to Agreement No. 99- 68 with Jim Alfter Cement to extend the HUD Curb and Gutter Annual Contract for a six month period. Accept bid to award Contract to Valley Tree & Construction, $88,400 for the demolition of improvements at 630 Kentucky Street. (Ward 2) Accept bid to award Contract to Halopoff & Sons Inc., $265,685 for the Casa Loma No. 6 Fire Hydrant and Water System Improvement Project.(Ward 1) Accept bid from George Chevrolet, $35,388.83 for a replacement utility vehicle for the Fire Department. ACTION TAKEN AGR 01-015(1) CON 01-064 AGR 99-68(1) CON 01-065 CON 01-066 Bakersfield, California, March 14, 2001 - Page 7 CONSENT CALENDAR continued Miscellaneous: Approval of Community Development Block Grant (CDBG) Amendment No. 2 (FY 00/01), Amendment No. 6 (FY 99/00), Amendment No. 8 (FY 98/99), and Amendment No. 9 (FY 97/98). Appropriate $2.5 million Prop. 13 Grant funds to the Water Resources Capital Improvement Projects Budget within the State Projects Fund for Kern River Parkway projects. A Waiver of sub-Grant Award for Juvenile Accountability Incentive Block Grant *Requested by the Kern County Probation Department. Motion by Salvaggio to adopt Consent Calendar Items a. through s. MAYOR HALL RECESSED THE REGULAR CITY COUNCIL MEETING AT 7:35 P.M. TO CONDUCT SPECIAL JOINT CITY COUNCIL AND BAKERSFIELD REDEVELOPMENT AGENCY MEETING MAYOR HALL RECONVENED THE REGULAR COUNCIL MEETING AT 9:29 P.M. ACTION TAKEN APPROVED HEARINGS Public Hearing as required by Resolution of Intention No. 1234 declaring the City's intention to order the establishment of Underground Utility District No. 2, Division 27 (Stockdale). (Wards 2,5) Hearing opened at 9:32 p.m. The following individuals spoke in opposition of staff recommendation: Fred Baugher and Pam Baugher. Hearing closed at 9:35 p.m. Motion by Hanson to adopt of the resolution establishing Underground Utility District No. 2, Division 27 (Stockdale). RES 036-01 APPROVED 68 Bakersfield, California, March 14, 2001 - Page 8 HEARINGS continued b. 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 1,2,3,5,6,7) Hearing opened at 9:40 p.m. No one spoke at hearing. Hearing closed at 9:41 p.m. Motion by Salvaggio to adopt the resolution. ACTION TAKEN RES 037.01 APPROVED 10. REPORTS Community Services Committee Report No. 1-01 regarding Implementation of a Swimming Pool Pass Program for Swimming Pool Admission for Low Income Individuals. Couch referred the issue of including "free swimming one day of the week for anyone interested" to the Community Services Committee. Community Services Committee Report No. 2-01 regarding Implementation of a Program to Establish Reduced fees for Room Use by Non- Profit Organizations at the Dr. Martin Luther King, Jr. Community Center. Couch referred the issue of "reduced fees for room use" to allow the same opportunity to other 501-C3's at other centers to the Community Services Committee. Motion by Sullivan to approve. Legislative and Litigation Committee Report No. 1-01 regarding 2001 Legislative Platform. APPROVED Motion by Benham to approve. APPROVED 10. Bakersfield, California, March 14, 2001 - Page 9 REPORTS continued Legislative and Litigation Committee Report No. 2-01 regarding Recommendation to Rescind Urban Development Committee Report No. 1-98 regarding Annexation Process.. Motion by Benham to approve. ACTION TAKEN APPROVED 69 11. DEFERRED BUSINESS Ordinance amending Section 1.12.040 of the Bakersfield Municipal Code by adding Annexation No. 414 to Ward 4, located along the north side of Brimhall Road between Jenkins Road and Allen Road. (First reading 2/28/01) (Ward 4) Motion by Couch to adopt the ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-25 by changing the zoning of 64 acres located between SR 99, Arvin-Edison Canal, South H Street and Berkshire Road alignment from a PCD (Planned Commercial Development) Zone to a C-2 (Regional Commercial) Zone for the Gateway Shopping Center. (No. P00-0419) (First reading 2/28/01) (Ward 7) Salvaggio requested staff provide to Council a memorandum explaining why staff did not recommend PCD. Motion by Salvaggio to adopt the ordinance. ORD 3999 APPROVED ORD 4000 APPROVED ?0 12. Bakersfield, California, March 14, 2001 - Page 10 NEW BUSINESS a. Financial Issues related to Multi-Purpose Stadium: 1. Request to retain 10% of the Tax Increment Funds generated by the City Center Project to the Redevelopment Agency. City Manager Alan Tandy gave a brief update. Motion by Carson to retain the 10% of the Tax Increment by the Redevelopment Agency for the development of other projects in the Southeast PAC Redevelopment area. ACTION TAKEN FA~ED NS SALVAGGIO BENHAM MACGARD COUCH HANSON Motion by Couch that fO0% of the tax increment generated by the City Center Project be applied against debt service on the multi-purpose stadium, if the project goes forward. APPROVED NS CARSON SULLIVAN Cash up-front or Payment over time on Stadium. City Manager Tandy gave a computer presentation. Motion by Couch to bring this item back for reconsideration at the next meeting. APPROVED 13. COUNCIL & MAYOR STATEMENTS Couch submitted referrals to Assistant City Manager Stinson. Couch referred to Budget & Finance Committee for review the feasibility of using 10% of one-time monies to retire debt for review. Sullivan provided to staff letters from Bryan Todd, Executive Vice-President Building Association of Kern County and from Chris Frank, Chamber, stating their support of the City Center Project. Sullivan made comments regarding her trip to Mongolia. 13. Bakersfield, California, March 14, 2001 - Page 11 COUNCIL & MAYOR STATEMENTS Couch thanked Dennis Fidler for his assistance and referred to Urban Development the issue of dust in the Brimhall Estates area during surrounding construction and requested the ordinance be reviewed and a possible recommendation back to Council. Benham referred to the Citizen's Community Services Advisory Committee a request for consideration of providing portable restrooms at International Park. Benham referred to staff a concern from a citizen as to why COX Cable does not offer DSL services to customers. Benham referred to staff the issue of parking enforcement at Spotlight Theater. Benham requested staff provide to Council updated information from the California League regarding three year figures for stadium attendance, at San Bernardino, Lake Elsinore, Rancho Cucamonga, Lancaster and Adelanto. City Manager Tandy thanked Council for their action. Mayor Hall commended the Police Department on their arrest of the robbery suspects. Mayor Hall thanked the members of the Redevelopment Agency for efforts. ACTION TAKEN 14. ADJOURNMENT ,.,0...¥ · MA"~OR ~f the,~ity of Ba-kersfie~, CA ' ATTEST: CiTY CLERK and Ex Officio Cle~ of the Council of the City of Bakersfielov APPROVED