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HomeMy WebLinkAbout06/27/01 MINUTES CC167 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 27, 200'1 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 (seated at 5:18 p.m.), Couch, Sullivan (seated at 5:21 p.m.) Councilmember Hanson ACTION TAKEN 2. WORKSHOP a. Proposed Fiscal Year 2001-02 Budget Changes. John Stinson, Assistant City Manager gave a computer presentation and provided written material. Couch referred to Urban Development Committee a request by Kern COG regarding strategy plan for funding mechanism for the freeway system option. Motion by Salvaggio to recess to Closed Session at 5:32 p.m. APPROVED AB HANSON CLOSED SESSION Conference with Legal Counsel Potential Litigation; Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9. Three potential cases. Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to Subdivision (b)(1) of Government Code Section 54956.9. One case. NAT NAT Mayor Hall adjourn Closed Session at 6:55 p.m. APPROVED AB HANSON 168 Bakersfield, California, June 27, 2001 - Page 2 REGULAR MEETING 1. INVOCATION by Reverend David Coston, Sr., Cain Memorial A.M.E. Church PLEDGE OF ALLEGIANCE / National Anthem by Heather Tackett ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Councilmembers Carson, Maggard, Couch, Sullivan Councilmember Hanson Salvaggio, Benham, CLOSED SESSION ACTION Mayor Hall announced there was no reportable Closed Session action. Motion by Couch to add an item that arose after the agenda was posted and requires action at this time. 12. NEW BUSINESS c. Resolution regarding the siting of Dairies. ACTION TAKEN APPROVED AB HANSON PRESENTATIONS Mr. Stan Shires, President of Bakersfield Chapter of Optimists International, presented the "Honorary Optimist Award" to Mayor Harvey L. Hall. PUBLIC STATEMENTS a. Barbara Fowler spoke regarding neighborhood meetings and submitted written material. b. Barbara Fields spoke regarding annexation. c. Audrey Chavez spoke regarding National HIV Testing Day and submitted written material. d. Mary Helen Barro spoke regarding the tree ordinance. e. Lois Chaney spoke regarding amendment to Bakersfield Municipal Code relating to landscape standards. 169 APPOINTMENTS a. Bakersfield, California, June 27, 2001 - Page 3 One appointment to the Handicapped Access Appeals Board. Motion by Salvaggio to appoint Aaron D. Lewis, no terms specified. ACTION TAKEN APPROVED AB HANSON CONSENT CALENDAR Minutes: June 4, 2001 Budget Presentation and June 13, 2001 Regular Council Meeting. Payments: Payments from June 1, to June 14, 2001 in the amount of $5,893,732.44; and Self Insurance payments from June 1, to June 14, 2001 in the amount of $111,528.35. Resolutions: Resolution of Intention No. 1246 declaring the City's intention to order the vacation and relocation of two right-turn lanes, with adjoining access openings and public easements, on the north side of Stockdale Highway, east of Calloway Drive, in Parcel Map No. 10625. (Ward 4) Resolution adding territory, Area 1-21 (Brimhall, Allen NW) 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 4) Resolution adding territory, Area 1-17 (Palm, Allen SW) 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 4) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 425, located north of Reina Road, to Snow Road, between Jewetta Avenue and Allen Road. (Ward 4) ROI 1246 RES 091-01 RES 092-0f RES 093-0f Bakersfield, California, June 27, 2001 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Resolution adopting Investment Policy of the City of Bakersfield REFERRED TO BUDGETANDFINANCE COMMITTEE Amendment No. 2 to Resolution No. 76-00 approving and adopting the City of Bakersfield Operating and Capital Improvement Budgets for Fiscal Year 2000-01 to incorporate previous budget actions approved by the City Council. RES 7~00(2) Agreements: i. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Kyle Carter Homes, Inc., for Tract 5978, Phase 2, located at the northwest corner of Calloway Drive and Norris Road. (Ward 4) AGR Of-fSO AGR Of-fSf Agreement with Hampton Place LLC, $45,000 to purchase real property in Tract 6007, located west of Allen Road, south of Palm Avenue, for a domestic water well site. (Ward 4) AGR 0f-152 DEED 5424 Agreement with Computer Configuration Services, Inc. for $48,877 to upgrade the network data backup in the M.I.S. Computer Facility. AGR 0'1-153 Agreement with Network Catalyst Inc. for $72,422.14 to upgrade the Wide Area Network hardware in the M.I.S. Computer Facility AGR Amendment No. 1 to Agreement No. 99-334, with Duane, Morris & Heckscher, not to exceed $150,000 for legal services in the matter of North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919. A GR 99-334(1) Amendment No. 1 to Agreement No. 00-38 with BSK & Associates, for Geotechnical and Material Testing for various projects in Bakersfield Fiscal Years 1999-00 and 2000-01. AGRO~38(f) Amendment No. 1 to Agreement No. 99-97 with Kleinfelder, Inc. for materials testing services for the Q Street Grade Separation project and the Bakersfield Amtrak Station project. AGR 99-97('1) Bakersfield, California, June 27, 2001 - Page 5 CONSENT CALENDAR continued ACTION TAKEN Bids: p. Reject all bids for City Hall Annex Building standby generator. Accept bid to award Contract to Loop Electric Company, $146,321.50 for traffic signal and lighting system installations on Ming Avenue at Scarlet Oak Boulevard and on White Lane at Grissom Street. (Wards 4, 6) CON 01.155 Reject bid for Mayflower Building Relocation from 1325 P Street to 130 Sumner Street Project. (Ward 2) Accept bid from Direct Edge, Incorporated, $28,884.65 for one additional brush chipper for the Recreation and Parks Department. Accept bid from Refuse Power Systems, $576,837 for nine packer bodies for refuse trucks (1 additional, 8 replacement). Miscellaneous: Transfer $119,500 of appropriations from the Capital Improvement Budget in the Transportation Development Fund to the ISTEA Fund for the Traffic Signal at Verdugo Lane and Hageman Road. (Ward 4) Position Reclassification: Assistant Planner to Associate Planner. Maggard announce conflict of interest on Consent Calendar Item 8.q. due to potential source of income. Motion by Salvaggio to adopt Consent Calendar Items a. through v. APPROVED AB HANSON 171 HEARINGS Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes service area in the City Domestic Water System for Fiscal Year 2001-02. (Wards 4, 5, 6) Gene Bogart, Water Resources Manager, introduced Maurice Randall, Business Manager, who gave a computer presentation. RES 094-01 Bakersfield, California, June 27, 2001 - Page 6 HEARINGS continued ACTION TAKEN a. Hearing opened at 7:43 p.m. Dennis Fox spoke in opposition of staff recommendation. Hearing closed at 7:47 p.m. Motion by Couch to adopt the resolution. 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. (Wards 1,2,3) RES 095-01 Jack Hardisty, Development Services Director, requested items No. 5. 1213 Chester Place; No. 27. 138 So. Milham Drive; No. 31. 910 O Street, be removed from the list, property owners have paid assessments. Hearing opened at 7:53 p.m. No one spoke at hearing. Hearing closed at 7:53 p.m. Carson requested staff provide her with a report of out-of-town property owners and list of any returned notices. Motion by Carson to adopt the resolution. Continued Public Hearing to consider residential refuse rate increases for Fiscal Year 2001/02, 3.23% proposed rate increase.) APPROVED AB HANSON RES 096-01 City Clerk McCarthy announced additional correspondence was received from 20 property owners in opposition to the rate increase. Kevin Barnes, Solid Waste Director, gave a computer presentation and provided written material. Benham requested staff conduct a workshop regarding how to implement curbside recycling. 10. Bakersfield, California, June 27, 2001 - Page 7 HEARINGS continued ACTION TAKEN Salvaggio requested staff review the age for senior citizen rebates and bring back next budget cycle. Hearing opened at 8:40 p.m. The following individuals spoke in opposition of staffrecommendation: Susan Hamilton, submitted written material; Adam Cohen, submitted written material; Marilyn Mystrick, submitted written material, Norma Jackson; Michael Friedman, Kern County Apartment Association; Carolyn West and Adam Cohen, spoke again. Hearing closed at 8:58 p.m. Couch requested Kevin Barnes review proposal submitted by Adam Cohen and report back regarding rate decrease/increase. Salvaggio requested Kevin Barnes provide copies of memorandums submitted to Council regarding recycling to Ms. Hamilton. Maggard requested staff explore private curbside recycling for residents willing to pay for that service. Motion by Couch to adopt the resolution. APPROVED NS CARSON AB HANSON REPORTS None, 173 11. DEFERRED BUSINESS a. Fiscal Year 2001-02 Budget: Resolution approving and adopting the City of Bakersfield Operating and Capital Improvement Budget as amended. Resolution approving and adopting the Operating and Capital Improvement Budgets for the Bakersfield Redevelopment Agency as amended. RES 097-01 RES 098-01 3. Resolution establishing the City of RES 099-01 Bakersfield Appropriations Limit. 174 11. Bakersfield, California, June 27, 2001 - Page 8 DEFERRED BUSINESS continued ACTION TAKEN a. Alan Tandy, City Manager, gave a brief update. Couch made the following statement for the record: As the Council and the public are well aware, I have consistently opposed the multi- purpose stadium associated with the Riverwalk Plaza development. Included in the Budgets being considered tonight are items dealing with the funding of the multi-purpose stadium. To make it perfectly clear, I am still opposed to the stadium, and my vote in favor of adopting the budgets should not in any way be construed as a change in my position toward the stadium. I am voting for the budgets, to allow the City to proceed with its necessary operations and capital improvements. The public should be aware that the issue of funding the stadium must be brought back to the Council prior to any funds being expended, and I will again voice my opinion at that time. Couch also stated, If the 2.2 million is not used for the baseball stadium, it would go a long way towards a police sub-station. He requested the record reflect if the Riverwalk Plaza doesn't move forward, the 2.2 million should be earmarked for a police sub-station. Motion by Salvaggio to adopt the resolutions. Mayor Hall recessed the meeting at 9:30 p.m. and recenvened at 9:40 p.m. APPROVED AB HANSON 12. NEW BUSINESS a. Landscaping Requirements (citywide): Ordinance amending Chapter 17.61 of Title 17 of the Bakersfield Municipal Code relating to landscape standards. Resolution establishing a policy that City public works projects will conform to the landscaping standards set forth in the Bakersfield Municipal Code. Jack Hardisty, Development Services Director, gave a brief summary of changes. FR RES fOO-Of Bakersfield, California, June 27, 2001 - Page 9 12. NEW BUSINESS continued ACTION TAKEN a. 6. PUBLIC STATEMENTS continued The following individuals spoke in support of staff recommendation: Erika Stockton; Stephanie Lynch, President Tree Foundation; Dana Adams; and Lorraine Unger Benham requested staff delete the following sentence from the ordinance: "Except for any trees damaged or removed pursuant to Section 17.61.050(b) any project will be deemed in compliance with this sub-section if after the 15 year period the tree canape shades 30% or more of the specified parking area, ' Motion by Benham to give first reading to the ordinance as amended and approve the resolution. APPROVED AB HANSON Ordinance amending various sections of Title 17 of the Bakersfield Municipal Code relating to Commercial and Industrial Development standards, specifically wall height and yard requirements, drive-thru services, and parking lot lighting. (citywide). Correspondence has been received from building Industry Association of Kern County, dated June 26, 2001 in opposition of increasing the minimum wall height between commercial/industrial and residential projects from six to seven feet. Couch requested staff provide clarification of the increase from six to seven feet and Section 3. Motion by Couch to refer the ordinance to Urban Development for further review and clarification. APPROVED AB HANSON 175 12. Bakersfield, California, June 27, 2001 - Page 10 NEW BUSINESS continued ACTION TAKEN c. Resolution regarding the siting of Dairies. RES Benham suggested the following changes: Add language regarding "opposed to establishment by CUP, by any form, permit, in any manner; Page 1. - delete: "Whereas, the City Council believes certain specific recommendations of the Dairy Committee do not adequately protect the citizens of the City of Bakersfield." Delete "Whereas..." 3~d from bottom, or change language to including balancing of property rights of owners. Couch suggested the following changes: add language to the bottom "Whereas..." to: The City Council believes certain specific recommendations of the Dairy Technical Advisory Committee do not adequately protect the citizens of the City of Bakersfield by allowing Bi-Right Dairies within the 2010 General Plan. Benham suggested combining the two bottom "Whereas..." to: Whereas the Dairy Technical Advisory Committee has made specific recommendations for dairy Bi-Right criteria. Whereas, the Council believes that recommendation does not accurately protect... Couch suggested adding: By allowing Bi-Right Dairies within the 2010 General Plan area via the CUP process on the last ~Whereas". City Attorney Thiltgen stated the "Whereas" that talks about the protection of property rights and the next "whereas" talks about specific recommendations can be deleted from this resolution. The amendment made by Couch to the last "Whereas" on the first page is sufficient to talk about the Technical Dairy Committee. 12. Bakersfield, California, June 27, 2001 - Page 11 NEW BUSINESS continued ACTION TAKEN c. Couch agreed to deleting the two "Whereas". Page 1, drop 2nd and 3"d "Whereas" from bottom. Add language to read: The City Council believes certain specific recommendations from the Dairy Technical Advisory committee do not adequately protect the citizens of the City of Bakersfield by allowing dairies within the 2010 General Plan area via the Conditional Use Permit process. Page 2: Paragraph 2, Be it resolved... The City Council hereby oppose establishment or enlargement of any dairy: 1. Within the boundaries of the 2010 General Plan. add by right, by issuance of a permit or by any other means. 2. Within 3 miles of any planned or existing residential development outside the boundaries of the 2010 General Plan; and, 3. Within two miles of any property use for water recharge or recovery purpose. 177 13. Motion by Couch to adopt the resolution as amended by Council comments. COUNCIL & MAYOR STATEMENTS Maggard requested staff review the policy and the possibility of changing criteria regarding bonding to better protect citizens. Maggard stated Southern California Gas will be having a forum this weekend to help people understand the rising energy costs; and applauded Wells Fargo Bank for their financial contributions to the Bakersfield Homeless Shelter, The Boys & Girls Club of Bakersfield and Kern Adult Literacy to assist with their utility bills. Maggard would like to meet with staff regarding designating certain areas in Bakersfield that would have uninterrupted electrical power, bringing businesses to Bakersfield and to work with Ruiz Foods, regarding a possible expansion. Couch requested staff change the meeting time for Urban Development Committee from I p.m. to 6 p.m. on July 9*h in the Council Chambers, to allow citizen's opportunity to speak on the freeway options. APPROVED AB HANSON ABS MAGGARD 13. Bakersfield, California, June 27, 2001 - Page 12 COUNCIL & MAYOR STATEMENTS continued Couch requested City Attorney Thiltgen find out what County Counsel's opinion is regarding the possibility of a metropolitan transportation district. Couch stated he has received complaints regarding a hot dog establishment's lighting and requested staff look into this issue. Couch requested staff contact Mary Cave to remind her of the Planning Commission meeting. Couch requested Mayor Hall prepare a proclamation recognizing Milo Hall for all he's done for the City. Couch thanked Alan Tandy, Jack LaRochelle and Luis Peralez for the Monthly Street Sweeping Pilot Program. Couch requested staff pursue a property owner regarding annexation to the City. Couch submitted miscellaneous referrals to staff. Benham thanked staff for their assistance addressing the needs of International Square and requested a staff report to present to Council. Benham referred to Code Enforcement the issue of trash and debris at the Montgomery Wards building and parking lot and at the Rancho Motel Benham requested staff provide an updated Compliance Report regarding removal of the apartment buildings at 1701 - ~80~ Canter Way and other concerns previously noted regarding that church property. Benham requested staff provide a report exploring options available to save the Carriage Masters historic building from demolition. Benham requested staff prepare a letter to Cai Trans regarding the feasibility of planting trees on ramps, on Freeway 99. Carson referred to Public Works the issue of handicapped access driveway at 6~ and P Streets and requested a status report. Carson thanked Public Works for the street resurfacing on Owens Street. ACTION TAKEN 13. Bakersfield, California, June 27, 2001 - Page 13 COUNCIL & MAYOR STATEMENTS continued ACTION TAKEN Carson requested staff schedule an Intergovernmental Relations Committee meeting to discuss the empowerment zones and to determine if the County has any interest in pursuing; and requested staff provide her with more information on this issue. Carson requested staff conduct a study regarding the relocation of fire stations to improve response time and services, the feasibility of a joint police/fire station, and requested staff provide a report or workshop. Sullivan referred to staff the issue of repairs to the street around railroad tracks at Pacheco and New Stine Roads and requested a status report. Salvaggio requested Trudy Slater and Ginny Gennaro review the issue of the dog killed by pit bull dogs and requested a report back. Salvaggio requested Police Department provide a status report regarding the issue of illegal parking of commercial vehicles on the west side of So. Union Avenue, north of Panama Lane. Salvaggio requested Jack LaRochelle provide him with a copy of the letter sent to Kern COG regarding the White Lane/Highway 99 sound wall project. Salvaggio requested Donna Kunz provide a status report regarding the issue of Planz Park Playground Equipment Project. Salvaggio requested Jack LaRochelle work with Donna Kunz on the Gwendolen Sewer Project, to expedite the project. Salvaggio referred to Code Enforcement the issue of weed abatement on the four lots at 2200 Block of Castro Lane and requested it be cleaned prior to July 4, 2001. Salvaggio referred to staff a letter from Susan Hamilton regarding recycling and refuse fees and requested staff provide a thoughtful response. Salvaggio expressed appreciation to Captain Wahl's memorandum to Chief Matlock regarding construction projects at the Police Activities League Center. 13. Bakersfield, California, June 27, 2001 - Page 14 COUNCIL & MAYOR STATEMENTS continued ACTION TAKEN Salvaggio referred to staff the completion of traffic signal at Monitor and Fairview prior to school commencing. Salvaggio requested staff RSVP for him for the State of the City luncheon. Salvaggio asked Councilmembers attending the Mayor/Council League of California Cities executive forum, communicate to Mayor Hall what they will be doing regarding dinner meeting. Carson referred to staff the issue of the median on Union Avenue and requested staff review the feasibility of continuing the project. Mayor Hall made comments regarding State of City luncheon. Mayor Hall made comments in support of the pending tree ordinance. 14. ADJOURNMENT ,,,o,,o. ,,,. s.,v,,,,o ...,// I~Y(~f~ of tl~¢ City of Bakersfield,~/O/A ATTEST: APPROVED AB HANSON