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HomeMy WebLinkAbout05/16/01 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 16, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 117 PRE-MEETING 1. ROLLCALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan (seated at 5:21 p.m.) None Darnell Haynes, Assistant to City Manager, gave an invocation. 2. WORKSHOP a. Overview of the Proposed FY 2001-02 Budget. City Manager Tandy gave a presentation and provided written material. Assistant City Manager Stinson and Assistant to the City Manager Haynes, provided additional presentations. Carson requested staff review the budget for possible funding ora staff member to assist the Council. Maggard requested staff review the possibility of a technological budget for Council. Mayor Hall requested staff provide how the loss of one million dollars will impact the City of Bakersfield Motion by Salvaggio to recess to Closed Session at 6:09 p.m. 3. CLOSED SESSION Conference with Legal Counsel - Existing litigation Closed Session pursuant to Subdivision (C) of Government Code Section 54956.9. In the matter of the claim of: Becky Kaiser, Brian Morrow, and Palm/Olive Concerned Citizens, an unincorporated association. ACTION TAKEN APPROVED NAT Bakersfield, California, May 16, 2001 - Page 2 CLOSED SESSION continued Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (C) of Government Code Section 54956.9. in the matter of the claim of: Daniel Timothy Barron, a minor, by and through his Guardian a Litem, Norma Espinoza; Norma Espinoza vs. City of Bakersfield, Officer D. Youngblood and Does 1 to 100, inclusive. Motion by Salvaggio to adjourn from Closed Session at 6:58 p.m. ACTION TAKEN NAT APPROVED REGULAR MEETING INVOCATION by Rev. Ralph Anthony, Assistant Pastor, St. Peter's Missionary Baptist Church PLEDGE OF ALLEGIANCE by Danielle Rosales, ASB President, Cesar Chavez School. 3. ROLLCALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan None CLOSED SESSION ACTION Mayor Hall announced there was no reportable Closed Session action. PRESENTATIONS Presentation by Phi Theta Kappa to Mayor Harvey L. Hall. Mayor Hall presented a Proclamation to Jacques LaRochelle, Interim Public Works Director, proclaiming May 20-26, 2001 as "National Public Works Week". PUBLIC STATEMENTS a. Curtis Dalton, spoke regarding honoring local heros, submitted written material. Bakersfield, California, May 16, 2001 - Page 3 119 PUBLIC STATEMENTS continued Dennis Fox, spoke regarding a phantom gallery art displays and submitted written material. Stan shires, spoke regarding senior services during energy crisis. Maggard requested staff respond to questions from Assemblyman Flores regarding energy crisis. The following individuals spoke regarding annexation: Art Doland Barbara Fowler; Becky Kaiser; and Barbara Fields. ACTION TAKEN Councitmember Benham left the meeting at 7:30 p.m. and returned at 8:00 p.m. 7. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. April 25, 2001 Council Meeting. Payments: Payments from April 13, to May 3, 2001 in the amount of $6,464,967.92; and Self Insurance payments from April 13, to May 3, 2001 in the amount of $198,902.42. Resolutions: Resolution of Intention No. 1241 preliminarily adopting, confirming and approving Public Works Director's report for the Consolidated Maintenance District and the 2001-2002 Budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. 120 Bakersfield, California, May 16, 2001 - Page 4 CONSENT CALENDAR continued Resolution of Intention No. 1242 preliminarily adopting, confirming and approving Public Works Director's report for the Consolidated Maintenance District and the 2001-2002 Budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. Resolution of Intention No. 1243 preliminarily adopting, confirming and approving Public Works Director's report for the Traffic Signal Maintenance Districts and the 2001-2002 Budgets; setting time and place for hearing protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts. (Ward 4) Resolution adding territory, Area 1-22 (Commerce, Truxtun) 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) Resolution approving application for $68,277 in State Funds for recycling beverage containers. Resolution authorizing deferral of assessments for Roy Degeer on parcel within City of Bakersfield Assessment District No. 91-1 (Hosking Trunk Sewer) (Ward 7) Resolution determining that a fully integrated police information system cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding, not to exceed $1,077,212. Appropriate $18,1,995 California Law Enforcement Program (CLEEP) Funds from the State of California and $150,000 Council Contingency to the Supplemental Law Enforcement Services Fund for purchase of the Records Management System. ACTION TAKEN ROI 1242 ROI 1243 RES 060-01 RES 061-01 REMOVED FOR SEPARATE CONSIDERATION RES 062-01 Agreement with Versaterm, Inc., for Records AGR 0'1-1'12 Management System. Bakersfield, California, May 16, 2001 - Page 5 CONSENT CALENDAR continued Amendment No. 11 to Resolution No. 66-99 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Police Dispatcher I/Il. Revised Job Specifications: Telecommunicator I/Il to Police Dispatcher Agreements: k. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Stone Creek Partners, Inc. for Tract 6015, Phase 2, located east of Akers Road, north of Hosking Avenue.(Ward 7) Final Map and Improvement Agreement with Mahan Homes, Inc. for Tract 5758, Phase A, located north of Hageman Road, west of Old Farm Road.(Ward 4) Purchase Agreement with Arch Properties, Inc., $8,000 to acquire real property located at 701 Union Avenue for blight removal and future redevelopment projects.(Ward 1 ) m Agreement with Valley Achievement Center for $15,000 of Community Development Block Grant Funds to purchase property located at 7300 Ming Avenue. (Ward 5) Cooperative Agreement with the State of California for the transfer of ownership of a drainage basin located at the northwest corner of Rosedale Highway (State Route 58) and Henry Lane. (Ward 4) Amendment No. I to Consultant's Agreement No. 00-287 with RBF Consulting, $14,864 for environmental consulting on the White Lane/Highway 99 Interchange Reconstruction Project. (Ward 7) Amendment No. 1 to Consultant's Agreement No. 01-051 with RBF Consulting, $39,200 for environmental consulting on the Fairfax Road/Highway 178 Reconstruction project. (Ward 3) ACTION TAKEN RES 66-99(11) AGR 01-113 AGR 01-1'14 AGR 0f-115 AGR 0'~-1'16 DEED 5408 AGR 01-'1'17 AGR 01-118 AGR 00-287(1) AGR 01-051 Bakersfield, California, May 16, 2001 - Page 6 CONSENT CALENDAR continued Agreement with DBL Entertainment, in an amount not to exceed $39,550 to book and produce acts for the Rockin' By The River summer concert series. (Ward 5) Bids: Accept bid to award Annual Contract to Doyle Ellis LLC for Asphalt RejuvenatodSealant, not to exceed $200,000. (Ward 2) Demolition of Improvements at 1426 P Street: (Ward 2) Transfer and appropriate $125,000 from Microwave System Replacement project within the Capital Outlay Fund to the Offstreet Parking Fund Capital Improvement Budget for demolition of improvements at 1426 P Street which was acquired for additional parking. Accept bid to award Contract to Kroeker, Inc., $123,944 for the demolition of improvements at 1426 P Street Project. Accept bids from Myriad solutions, Incorporated $62,616.40 and PC Mall Government Solutions $13,936 for computers and related equipment, total $76,552.4O Miscellaneous: Approve payment to Quinn Company, $26,560.20 for unanticipated repairs on Crawter Tractor. GIS Address Mapping for Fire and Police CAD Systems. Authorize the addition of a GIS Technician to perform GIS address mapping for the Metropolitan Fire CAD and City Police CAD systems. Approve a reimbursement agreement with the County of Kern not to exceed $20,000 for salary and benefits costs associated with a GIS Technician performing GIS address mapping functions. ACTION TAKEN AGR 01.I19 CON 0~-120 CON 01-122 AGR 01-~2~ Motion by Salvaggio to adopt Consent Calendar ltems a. through v. with separate consideration of Item h. APPROVED AB BENHAM Bakersfield, California, May 16, 2001 - Page 7 CONSENT CALENDAR continued Resolution authorizing deferral of assessments for Roy Degeer on parcel within City of Bakersfield Assessment District No. 91-1 (Hosking Trunk Sewer) (Ward 7) Motion by Couch to deny deferral of current assessments, to spread past deferrals over life of bonds to 2007. ACTION TAKEN APPROVED AB BENHAM HEARINGS a. Underground Utility District: (Wards 1,2) 1. Public hearing as required by Resolution of Intention No. 1237 declaring the City's intention to order the establishment of Underground Utility District No. 2, Division 28 (California & R). 2. Resolution establishing Underground Utility District No. 2, Division 28 (California & R). Hearing opened 7:58 p.m. No one spoke at hearing. Hearing closed 7:59 p.m. Motion by Couch to override protests and adopt the resolution establishing Underground Utility District No. 2, Division 28 (California & R). RES 063-01 APPROVED AB BENHAM Consolidated Maintenance District: (Ward 5) Protest hearing, as required by Resolution of intention No. 1238, to increase assessments for a portion of Area 2-01 (Vineyards) within the Consolidated Maintenance District. Resolution to increase assessments for a portion of Area 2-01 (Vineyards) within the Consolidated Maintenance District, confirming assessments, approving Public Works Director's Report, authorizing collection of assessments by the Kern County Tax Collector and terminating Agreement No. 93-132. RES 064-01 124 Bakersfield, California, May 16, 2001 - Page 8 HEARINGS continued b. Hanson announce conflict of interest due to owning property in that area. Hearing opened 8:00 p.m. No one spoke at hearing. Hearing closed 8:01p.m. Motion by Couch to override protests and adopt the resolution. ACTION TAKEN APPROVED AB HANSON 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. Hearing opened 8:02 p.m. No one spoke at hearing. Hearing closed 8:02 p.m. Motion by Couch to adopt the resolution. RES 065-01 APPROVED Sewer User Charges: Continued hearing to consider a resolution establishing sewer service user charges for Fiscal Year 2001-02, proposed revisions in sewer user charges. Acceptance and approval of the City of Bakersfield's Revenue Program for Wastewater and Stormwater Facilities. Interim Public Works Director LaRochelle gave a brief update. Salvaggio recognized Doug Rice, Beverly Manor Skilled Nursing Facility, who spoke regarding 3 year to 5 year for skilled nursing facilities and requested extended it. RES 066-0~ Motion by Maggard to adopt the resolution and APPROVED approve the Revenue Program as proposed. Bakersfield, California, May 16, 2001 - Page 9 125 HEARINGS continued Appeal by Mary Bertolucci to the Board of Zoning Adjustment's approval of a Conditional Use Permit No. P01-0106 to allow a residential alcohol and drug rehabilitation/recovery facility serving up to 28 clients with 2 to 3 staff members within three adjacent apartment units in an R-2 (Limited Multiple-Family Dwelling) zone district, and a modification to allow a reduction in required off street parking from 21 to 7 spaces, located at 1605 Pacheco Road. (Ward 1) Development Services Director Hardisty gave a brief update. Hearing opened 8:21p.m. The following individuals spoke in opposition of staff recommendation: Ginger Mello, President, Mobile Village Estates Association; and Jesse Ordonez. The following individuals spoke in support of staff recommendation: Oscar Anthony; Shirley Matthews: May Reed; Gil, Anthony, Executive Director Restoration Community Project; Chris Sturdevent; Daniel Hubbard; Fred Goodwill and Nicky Sturdevent Ray Wofford spoke in rebuttal in opposition of staff recommendations: The following individuals spoke in rebuttal in support of staff recommendations: Lorenzo Dyer; John Nichols; Lorretta Dyer-Boyd; and Jennifer Joseph. Hearing closed 8:55 p.m. Salvaggio requested staff monitor the staffing requirements for this facility. Motion by Carson to deny of the appeal, uphold staff recommendations and approve the Conditional Use Permit. ACTION TAKEN RES 067-01 APPROVED ABS COUCH Mayor Hall recessed the meeting at 10:00 p.m. and reconvened at 10:15 p.m. 126 Bakersfield, California, May 16, 2001 - Page 10 lO. REPORTS Legislative and Litigation Committee Majority and Minority Reports regarding Policy on Reportable Closed Session Action. Legislative and Litigation Committee Majority Report No. 3-01 Legislative and Litigation Committee Minority Report No. 4-01 Motion by Benham to accept report and implement recommendations of the Majority Report. Amended motion by Benham to accept reports, and defer this item to the next meeting to allow the City Attorney time to survey cities of similar size on their procedure for announcing closed session action. ACTION TAKEN NAT A PPRO VED Legislative and Litigation Committee Report No. 5-01 regarding Standard Noticing Policy on Written City of Bakersfield Public Notices. Motion by Benham to accept report and implement recommendations. Annual Tax Increment Contribution to the Stadium Debt. City Manager Tandy gave an update. Couch requested staff review the rollover debt and bring back to Counc# at the next meeting. Maggard requested staff clarify the language in the resolution, RES 068-01 APPROVED 11. DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-08 changing the zoning district from OS (Open Space) to R-1 (One-Family Dwelling) on 1.79 acres. (ZC P00-0983) (First reading 4/25/01) (Ward 4) ORD 4005 Motion by Salvaggio to adopt the ordinance. APPROVED Bakersfield, California, May 16, 2001 - Page 11 127 11. DEFERRED BUSINESS continued Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-08 changing the zoning district on three sites from OS (Open Space) to R-1 (One-Family Dwelling) on approximately two acres. (ZC P00-0982) (First reading 4/25/01) (Ward 4) Motion by Couch to adopt the ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-18 by changing the zoning from an A (Agriculture) zone to an R-1 (One Family Dwelling) Zone on 10.07 acres located on the southeast corner of Campus Park Drive and Mountain Vista Drive. (ZC P01-0007) (First reading 4/25/01) (Ward 4) Motion by Couch to adopt the ordinance. ACTION TAKEN ORD 4006 APPROVED ORD 4007 APPROVED 12. NEW BUSINESS a. Discussion of electrical energy supply issues. Assistant City Manager Stinson and Deputy City Attorney Daniel gave an update. Maggard requested staff explore advantages of being a Charter City with regard to the possible formation of a utility district, also explore proposal of a dollar to dollar matching of funds from a government/public co-op agreement and requested a report back. 13. COUNCIL & MAYOR STATEMENTS Hanson stated he met with citizen's from the Westpark Area regarding the Bakersfield Systems Study, Alternative Route No. 9 and listened to their concerns. Hanson stated comments regarding the Disposition and Development Agreement for the City Center Project have been positive. Hanson stated Stephen Wages, the new Planning Commission, is seriously ill and is at UCLA in intensive care. Hanson will keep staff informed on Mr. Wages condition. Bakersfield, California, May 16, 2001 - Page 12 13. COUNCIL & MAYOR STATEMENTS continued Benham referred to staff the issue of trash in the alley between Irene Street and Bernard Street, behind the labor hall and furniture store, near Fire Station No. 4. Benham thanked Luis Peralez, Jack LaRochelle, Ted Wright and Brad Underwood for their assistance at the community meeting regarding street issues. Benham commended Councilmember Maggard on his leadership on the power issues. Benham thanked Council, City staff, Charrette Committee and Association of Architects members for their assistance at the Charrette meetings. Maggard thanked members of the community for serving on the panel at the energy issues meeting on 5/15/01. Maggard made comments regarding the Charrette. Maggard requested staff respond to a list of issues provided by Assemblyman Flores. Maggard requested staff provide Council with the process, or with a date the agreement with the County regarding the High Speed Rail Station issue must be approved. Maggard requested Economic Development Director Kunz contact his office to schedule a time to view the Columbus Avenue corridor. Maggard asked Development Services Director Hardisty to provide an update regarding motorcycle tracks along back yards of subdivision and open space. Hardisty responded. Maggard expressed appreciation to Mayor Hall, Council and staff. Carson stated she will have a report at the next Council meeting regarding the Ad Hoc Committee meeting on June 12, in regards to the report that was delivered by Chief Matlock. Carson referred to staff the issue of assistance to the Cobbs family for clean-up resulting from a fire on Clyde Street. Carson thanked Council for their support of the exodus house restoration project. ACTION TAKEN Bakersfield, California, May 16, 2001 - Page 13 13. COUNCIL & MAYOR STATEMENTS continued Carson extended an invitation to the Youth Leadership Conference at the Bakersfield Convention Center that will be held on May 17, 2001. Couch referred to Assistant City Manager Stinson a request from So. Valley Bicycle Coalition to do a presentation to the Urban Development Committee. Couch referred to the City Attorney information regarding the policy the City uses to select contractors and bonding companies. Couch referred to staff the issue of recognizing Rick Mears' accomplishments. Sullivan also supports the recognition of Rick Mears. Sullivan expressed appreciation to staff for their hospitality to the Mongolian visitors. Salvaggio referred to City Manager Tandy a memorandum from Jack LaRochelle, dated 4/30/01 regarding the unimproved gap on Akers Road and requested a response regarding condemnation proceedings of the right-of-way. Salvaggio thanked Chief Matlock's staff for monitoring speed on E1 Potrero Lane and requested that they continue to monitor. Salvaggio referred to Public Works the issue of the closure of the Bakersfield Sanitary Landfill and requested a report back regarding the Water Quality Review Board recommendations. Salvaggio stated the City Attorney is working on a pre- qualification ordinance for contractors to do work for the City. Salvaggio thanked Mayor Hall for the letter to Ron Brummett, Kern Council of Governments in response to concerns from Westpark Concerned Citizens. Salvaggio requested Public Works staff work with Councilmember Couch, Kern Council of Government representative, regarding the sound wall for the proposed White Lane/Highway 99 project. Couch requested Interim Public Works Director LaRochelie meet with him regarding the High Speed Rail. ACTION TAKEN Bakersfield, California, May 16, 2001 - Page 14 14. ADJOURNMENT 'ty rsfield, CA ATTEST: CITY CLERK and Ex Officio Cl~k of the Council of the City of Bakersfiel~ ACTION TAKEN APPROVED