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HomeMy WebLinkAbout05/30/01 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF May 30, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING Darnell Haynes, Assistant to City Manager, gave an invocation. 1. ROLLCALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan (seated at 5:25 p.m.) Absent: None ACTION TAKEN DEPARTMENT BUDGET PRESENTATIONS a. City Attorney's Office City Attorney Bart Thiltgen gave a presentation of accomplishments and goals for the City Attorney's Office. b. Finance Department Finance Director Greg Klimko gave a presentation of the Finance Department, Couch requested staff provide additional information regarding money invested locally. Motion by Salvaggio to recess to Closed Session at 6:04 p.m. 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. Motion by Salvaggio to adjourn from Closed Session at 6:58 p.m. APPROVED APPROVED 136 Bakersfield, California, May 30, 2001 - Page 2 REGULAR MEETING 1. INVOCATION by Pastor Sam Thomas, Sr., Solid Rock Baptist Church PLEDGE OF ALLEGIANCE by Keith Honeycutt, Fruitvale Jr. High School. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan None ACTION TAKEN CLOSED SESSION ACTION Mayor Hall announced the City Council finds that Assistant City Attorney Bob Sherfy and Deputy City Attorney Carl Hemandez performed their duties in the Palm-Olive Litigation with the utmost integrity and employed the highest ethical standards to represent the interest of the City of Bakersfield in accordance with the direction of the City Council. The City Council further finds that the allegations contained in the claim recently filed on behalf of the Palm-Olive Concerned Citizens are false and lack any basis, and any compensation associated with such claim would be in violation of the court order which settled the original litigation. The City Council wishes to recognize the tremendous time and effort expended by the Palm-Olive Concerned Citizens over the past three years, which has resulted in substantial changes to the City's noticing process, development of internal City procedures to facilitate greater openness in the City's annexation efforts and substantive change in State law, all to the benefit of past, present and future citizens' of the City of Bakersfield. In accordance with the above statements the City Council, by a vote of 7-0, hereby rejects such claim and directs the City Attorney to provide written notification to the claimant's attorney of the City Council's decision to formally reject this claim. Such written notification shall be sent no later than May 31, 2001. 5. PRESENTATIONS None. Bakersfield, California, May 30, 2001 - Page 3 PUBLIC STATEMENTS The following students from West High School spoke regarding tobacco self service displays: John Cartier; Matthew Morro; John Lay; Stephanie Bryant; Brandyn Hunter and Alex Gay. Salvaggio referred to Legislative & Litigation Committee the issue of tobacco displays and requested a recommendation to enact an ordinance. Salvaggio requested staff provide Council and West High School speakers with the complete paper trail of action taken with regard to approving the previous resolution. Stuart Gentry spoke regarding the California Code of Civil Procedure, Section 995-660 and new legislation proposed for questioning financial strength of bonding companies. Maggard referred to staff the California Code of Civil Procedures to evaluate whether a formal source of support is necessary and if so, to place on next Council agenda. ACTION TAKEN APPOINTMENTS One appointment to the Bakersfield Redevelopment Agency, term expired April 22, 2001. Motion by Salvaggio to appoint Don Cohen, term expiring April 22, 2005. One appointment by Ward 5 to the Planning Commission, term expires April 17, 2005. Motion by Hanson to appoint Murry Tragish, term expiring April f7, 2005. APPROVED APPROVED CONSENT CALENDAR Minutes: a. May 16, 2001 Council Meeting. Bakersfield, California, May 30, 2001 - Page 4 CONSENT CALENDAR continued Payments: Payments from May 4, to May 17, 2001 in the amount of $4,572,673.88; and Self Insurance payments from May 4, to May 17, 2001 in the amount of $133,331.60. Resolutions: Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 420, located at the southwest corner of Stine Road and McKee Road. (Ward 6) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 421, located along the north side of Brimhall Road, between Jewetta Avenue and Calloway Drive. (Ward 4) Resolution determining that Bioxide (chemical) for sewer odor control and reduction of sulfide gas levels cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $200,000 annually. f. Canyon Hills Senior Housing Project: (Ward 3) Agreement with Canyon Hills Senior Housing, Inc. for Home Investment Partnership Program funds, $107,000 for a 74-unit Senior Housing Project in Northeast Bakersfield. Resolution regarding the use or Housing Set Aside Monies outside the Downtown Redevelopment Project Area. Appropriate $57,000 prior year entitlement and $50,000 current year program income to the Economic and Community Development operating budget within the HOME Program Fund and $310,000 in the reserve fund balance to the Redevelopment Operating Budget within the Downtown Housing Fund. ACTION TAKEN RES 069-01 RES 070-01 RES 071-01 AGR 01-123 RES 072-01 Bakersfield, California, May 30, 2001 - Page 5 139 CONSENT CALENDAR continued Agreements: g. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with John Balfanz, Inc., for Tract 5441, Phase F, located north of Hageman Road, east of Jewetta Avenue. (Ward 4) Final Map and Improvement Agreements with Campus Park, LLC aka Coleman Homes, Inc., for Tract 6008, Phase 1, west of Mountain Vista Drive, south of Campus Park Drive. (Ward 4) Final Map for Tract 5656-A with Kern River Partners, LLC. The subdivision is located at the southwest corner of Highway 178 and Miramonte Drive. (Ward 3) Final Map and Improvement Agreements with Hampton Place LLC, for Tract 6007, Unit 1, located south of Palm Avenue, west of Allen Road. (Ward 4) Engineering Services Agreement with Kennedy/Jenks Consultant, not to exceed $40,600 for design of Bellevue River Weir with bike path/pedestrian bridge crossing. (Ward 4) Agreement with Greenfield Union School District, not to exceed $51,684 to conduct After-School Programs. (Ward 7) Agreement with Bethany Services to sell city- owned property for $10.00, located at 1600 E. Truxtun Avenue. (Ward 2) Amendment No. I to Agreement No. 99-214 with Green Gardens to reflect the correct number of CDBG and HOME-assisted housing units in accordance with Federal Home regulations. (Ward l) Amendment No. 2 to Agreement No. 99-68 with Jim AIfter Cement to add additional funds for contract use, not to exceed $200,000. Amendment No. 4 to Agreement No. 96-178 with SPCA Independent Contractors in the amount of $619,392 to cover increased costs of operation for FY 2001-02. ACTION TAKEN AGR 0'1-'124 AGR 0'1-125 AGR 01-'126 AGR 0'1-'127 AGR 0'1-'128 AGR 01-'129 AGR 01-'130 AGR 01-13'1 AGR 0'1-'132 DEED 5qS~ AGR 99-2'14('1) AGR 99-68(2) AGR 96-178(4) Bakersfield, California, May 30, 2001 - Page 6 CONSENT CALENDAR continued Bids: n. Accept bid to award Contract to Garcia Roofing, Inc. in the amount of $46,625 for roof replacement of Building "A", City Corporation Yard. (Ward 5) Miscellaneous: o. Reclassification of Engineering Services Manager to Assistant Public Works Director - Engineering. p. Reclassification of Assistant Fire Chief to Deputy Fire Chief. q. Revised Job Specification: Wastewater Manager. r. Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $114,686.52. Motion by Salvaggio to adopt Consent Calendar Items a. through r. ACTION TAKEN CON 01-133 A PPRO VED HEARINGS Ordinance amending sections of Chapters 17.52 and 17.54 of Title 17 of the Bakersfield Municipal Code related to utilization of the P.C.D. (Planned Commercial Development) zone as combining zones. Hearing opened at 7:32 p.m. NO one spoke at hearing. Hearing closed at 7:33 p.m. FR 10. REPORTS City Manager's Oral Report No. 4-01 regarding Various Solid Waste Recycling Options. Solid Waste Director Kevin Barnes gave report Interim Public Works Director Jack LaRochelle provided additional information and answered questions. Bakersfield, California, May 30, 2001 - Page 7 10. REPORTS continued Couch requested staff provide him with information for constituents of available recycling locations and a copy of the pamphlet regarding recycling, Maggard requested Public Works schedule a workshop to discuss landfill fees and the wet waste component. City Manager Report No. 5-01 regarding the City Center Project. City Manager Alan Tandy gave an update. Benham requested notification be given to Council as to when the conference call is scheduled with Mr. Moses and also advise Council of results of the call. Carson requested staff provide a status report regarding the relocation process associated with the proposed City Center Project. Benham referred to staff a letter received from the Historic Preservation Commission regarding the Carriage Masters Building, and requested staff explore the options for preserving the building or excluding it from the proposed City Center Project area and requested a report back. ACTION TAKEN 11. DEFERRED BUSINESS a. Policy on Reportable Closed Session Action. City Attorney Bart Thiltgen gave a brief update. Motion by Benham to adopt a policy modification resolution. b. Annual Tax Increment Contribution to the Stadium Debt. City Attorney Bart Thiltgen gave a brief update, Motion by Couch to accept the report. APPROVED RES 073-01 APPROVED Bakersfield, California, May 30, 2001 - Page 8 12. NEW BUSINESS Ordinance amending Section 12.44.031 of Chapter 12.44 of the Bakersfield Municipal Code relating to business use of sidewalks. ACTION TAKEN FR 13. COUNCIL & MAYOR STATEMENTS Hanson requested staff respond to e-mail from Gaylen Jaggers regarding Police Activities League. Benham commended the Police Department for working with the bouncers at the Downtown Bars to ensure an appropriate level of enforcement to keep Downtown safe. Benham referred to staff a request from the DBA Draft Group, Kenny Reed, regarding the possibility of a pilot program to utilize the Eye Street Garage on Friday and Saturday nights. Benham requested staff designate one staff person to coordinate with the Wall Street Alley Merchants on issues of trash collection and improvements to the street and alley. Benham requested staff contact the Superintendent of Schools and the County Housing Authority to take necessary preliminarily steps to preserve options with respect to possible expansion of Central Park, north of 21~ Street. Benham requested staff begin exploring potential mixed use or residential sites in the Downtown area for future development. Benham referred to staff a letter from Jim Filbrandt, Stars Theater, requesting a meeting. Benham referred to Public Works a request for a landscape median on Bernard Street. Benham referred to Public Works a request from Chuck Shaw, Valley Cycle, 3808 Chester, regarding curb repairs and a status report on the proposed traffic signal near that location. Benham referred to Public Works the possibility of establishing a "clean your alley" week program. Maggard applauded the citizens atong Panorama corridor for the median beautification, and staff for their assistance. Bakersfield, California, May 30, 2001 - Page 9 1.4,3 13. COUNCIL & MAYOR STATEMENTS continued Maggard thank Economic Development Director Kunz for taking the tour with him along the Columbus corridor. Maggard thanked the Planning staff for their assistance facilitating meeting regarding open space in East Bakersfield. Maggard again requested staff meet with him regarding the possibility of having movies at the park and the costs involved. Carson congratulated Economic Development staff on their application to the State for $500,000 loan money for housing in the Southeast Project, and requested staff keep her updated regarding bidders' conference and RFP process. Carson asked status of street landscaping for Downtown and Lakeview. Interim Public Works Director LaRochelle responded. Carson asked questions regarding standards being proposed by National Fire Protection Link. Fire Chief Ron Fraze responded. Couch requested staff keep him updated regarding upcoming annexations in Ward 4. Couch referred to staff the issue of a median that has been flooding, submitted pictures. Interim Public Works Director LaRochelle responded. Couch referred to staff a letter to Phillip Smith, Chairman, Kern COG from residents on 7~h Standard Road. Couch requested Interim Public Works Director LaRochelle meet with him regarding Westpark residents concerns regarding Alignment No. 9. Couch requested staff meet with him regarding a prior request to upgrade Brimhall Road between, Coffee and Calloway from arterial to collector status. Couch referred to staff the issue of annexing property on Brimhall, requested staff meet with property owner to discuss. Couch requested staff place the League of Cities annual meeting on the next Legislative & Litigation Committee agenda. ACTION TAKEN 144 Bakersfield, California, May 30, 2001 - Page 10 13. COUNCIL & MAYOR STATEMENTS continued Sullivan express support for Jim Filbrant's request for assistance regarding the Stars Theater Downtown. Sullivan requested Interim Public Works Director meet with her regarding improvements to the medians on White Lane. Sullivan complimented Assistant City Clerk Gafford for doing a good job at the meeting. Sullivan commented on Memorial Day editorial in the Bakersfield Californian. Maggard congratulated Jack LaRochelle on his promotion to Assistant Public Works Director. Salvaggio stated the next Budget & Finance Committee meeting will be next Tuesday. Salvaggio requested Bakersfield Music Theater be included for possible assistance and also referred to staff a letter from Bakersfield College Aquatics Center requesting assistance. Salvaggio congratulated Captain Dave Jackson for his 30+ years of dedicated service to the City of Bakersfield and requested the Manager's Office RSVPfor himself and his wife for the retirement dinner, also have staff call the Council to see if they will be attending. Salvaggio thanked the Police Department for enforcement of commercial vehicle parking problem on So. Union, north of Panama Lane, and requested continued enforcement. Salvaggio referred to staff a complaint from Ms. Morgan regarding pot holes on H Street and requested staff call her for location. Salvaggio referred to Building Director Fidler, a phone message from Mr. Fuentes, regarding the possibility of a group home in the 1200 block of Sandra Drive, and requested staff check with the Department of Social Services to see if a license is being considered, and thanked Mark Turk for the memorandum regarding his visit to the area. Salvaggio thanked Jack LaRochelle, and Randy Fidler for their quick response to concerns regarding the blighted 4-plex area on Panama Lane and Chester W. Nimitz, and asked staff to keep him apprized of this issue. ACTION TAKEN Bakersfield, California, May 30, 2001 - Page 11 145 13. COUNCIL & MAYOR STATEMENTS continued Salvaggio expressed appreciation for efforts at the Wible Road junk yard. Salvaggio congratulated Jack LaRochelle on his promotion. Hall apologized for oversight of lack of expediency of letter to Kern COG. Couch responded it was on time. Hall expressed support for proposed "clean-up alley program" and offered assistance. Hall commended Carson, Benham, Sullivan, Donna Kunz, Bakersfield Rescue Mission, local churches, for their efforts to improve International Square. Hall expressed appreciation to the Police, Water and other City staff for their hard work on May 25th to improve the bike path, also the SPCA for their efforts in the clean- up of stray animals. Hall stated he has received encouraging calls regarding the Youth Build Better Bakersfield program and hopes it's successful. Salvaggio urged Benham and Hanson to attend the Mayor's Counsel Executive Forum in July. Salvaggio expressed appreciation to members of the Streets Department for their work on rehabilitating medians in the old areas of the city. ACTION TAKEN 14. ADJOURNMENT Motion by Salvaggio to adjq~rn a,~ lO:~ p.m. /~ MAYOR ~f the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officiq/)Clerk of the Council of the City of Bakersfield APPROVED