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HomeMy WebLinkAbout07/18/01 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 18, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 181 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Benham, Maggard, Couch, Hanson, Sullivan (seated at 5:17 p.m.) Councilmember Carson ACTION TAKEN 2. WORKSHOP Presentation by H.O.K on the Multi-Purpose Stadium. Alan Tandy, City Manager, gave a brief update and introduced Bruce Miller, Principal, H.O.K. Sport, who gave a computer presentation and provided written material; Michael Newlan also answered questions. Salvaggio requested staff provide a memorandum to Council outlining what would be lost, seating, landscapting, etc., if the price changed. Mayor Hall requested H.O.K. provide Council with a list of names/cities and stadiums they have built for major and minor league baseball. Downtown Design Charrette. There was not enough time during the Workshop Session for this item, it was continued to the Regular Meeting. Motion by Salvaggio to recess to Closed Session at 6:20 p.m. APPROVED AB CARSON Bakersfield, California, July 18, 2001 - Page 2 CLOSED SESSION ACTION TAKEN Conference with Legal Counsel Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9. City of Bakersfield vs. Gerald D. Lucas, et al.; Kern County Supedor Coud Case No. 242104-RA NAT Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to Subdivision (b)(1) of Government Code Section 54956.9. One Case. DELETED Motion by Couch to adjourn from Closed Session at 6:44 p.m. APPROVED AB CARSON REGULAR MEETING INVOCATION by James Fox, Bakersfield Church of Jesus Christ of Latter Day Saints. PLEDGE OF ALLEGIANCE by Robert McClain, immediate past Student Body President, Casa Loma School. 3. ROLLCALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan Absent: Councilmember Carson CLOSED SESSION ACTION Mayor Hall announced there was no Closed Session Action. PRESENTATIONS Mayor Hall presented a Proclamation to Gloria Friedman, retiring CSUB Head Tennis Coach, proclaiming July 18, 2001 as "Gloria Friedman Day". Mrs. Friedman introduced her family and friends. Mayor Hall presented a Proclamation to John Bentley, President of the Fox Theater Foundation, proclaiming July 16-22, 2001 as "Fox Theater Week". Mr. Bentley introduced Scott Fieber who made a brief comment and submitted written material. 183 Bakersfield, California, July 18, 2001 - Page 3 PUBLIC STATEMENTS ACTION TAKEN The following individuals spoke regarding the Charette: Michael Russo and Shirlyn Davenport. Tom Fallgatter requested Hearings d. and e. be continued to the next Council meeting. Motion by Salvaggio to continue Hearings d. and e. to the Council meeting of August 8, 2001. APPROVED AB CARSON The following individuals spoke regarding Stockdale industrial Park area health problems: Marine Tackett and Victoria Waldon. Couch requested staff work with the County Health Department to address health care issues and to contact Mrs. Tackett. Salvaggio requested staff meet with the Stockdale Industrial Park area residents regarding water wells. Stuart Gentry spoke regarding bonding and submitted written material. Maggard requested staff notify Mr. Gentry when this item will be on the Budget & Finance Committee agenda. Stephanie Lynch spoke in support of the tree ordinance. D.K. Mason spoke regarding Kern County Public Access Television. Marvin Dean thanked Councilmember Carson and Mayor Hall for their participation and concerns; also spoke regarding 8.c. and 8.ff. Maggard requested staff notify Mr. Dean of date when this item will be on the Budget & Finance Committee agenda. The following individuals spoke regarding annexation: Art Doland; Becky Kaiser; Barbara Fowler; and Barbara Fields. Bakersfield, California, July 18, 2001 - Page 4 WORKSHOP continued ACTION TAKEN b. Downtown Design Charrette. Development Services Director Hardisty gave a computer presentation with a review of the written material. Benham requested City Manager Tandy develop an implementation plan identifying goals for different elements for the charrette proposal and identify staff from various departments who would oversee implementation. 7. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. June 27, 2001 Council Meeting. Payments: Payments from June 15, to July 5, 2001 in the amount of $8,508,792.50; and Self Insurance payments from June 15, to July 5, 2001 in the amount of $126,942.60. Ordinances: Ordinance adding Section Bakersfield Municipal Code qualification of Bidders. 3.20.066 to the relating to Pre- Resolutions: Resolution of Intention No. 1208, adding territory, Area 3-13 (Gosford, Pachec0 SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 428, located east of Oswell Street, south of State Route 58. (Ward 1) REFERRED TO BUDGET & FINANCE COMMITTEE ROI 1208 RES 102-01 Bakersfield, California, July 18, 2001 - Page 5 CONSENT CALENDAR continued ACTION TAKEN Resolution of Application proposing proceedings for annexation of inhabited territory to the City of Bakersfield, property identified as Annexation No. 427, located south of Olive Drive, east of Allen Road. (Ward 4) REMOVED FOR SEPARATE CONSIDERATION Resolution of Application proposing proceedings for annexation of inhabited territory to the City of Bakersfield, property identified as Annexation No. 426, located at the northwest corner of Olive Drive and Jewetta Avenue. (Ward 4) REMOVED FOR SEPARATE CONSIDERATION h. Resolution approving a Records Retention Schedule for the Human Resources Division. RES '105-01 Resolution providing for the preservation of City Lienhold Interest in Tax-Defaulted Properties to be sold by the County of Kern. (Wards 1,2) RES '106-0'1 j. Sale of Surplus Real Property: (Ward 1) Resolution declaring real property located on the south side of Highway 58 approximately 1000 feet east of Mount Vernon Avenue surplus to needs of the City. RES ~07-0'1 DEED 5454 Sales Agreement with Brandon Properties for $160,000. AGR 01-156 Resolution determining the KRIMESITE SCOPE cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding, not to exceed $20,000 RES '108-0'1 Appropriate $60,000 in Asset Forfeiture revenue to purchase an enhanced latent print retrieval system ($20,000) and contribute $40,000 to Kern County for a wire intercept room, to the General Fund Police Operating Budget. Agreements: I. Tract Maps/improvement Agreements: Final Map and Improvement Agreement with Polo Greens, LLC, for Tract 5596, Phase 3, located south of Noriega Road, east of Verdugo Lane. (Ward 4) AGR 0'1-157 186 Bakersfield, California, July 18, 2001 - Page 6 CONSENT CALENDAR continued ACTION TAKEN Final Map and Improvement Agreements with Polo Greens West, LLC, for Tract 5758, Phase C, located west of Old Farm Road, south of Noriega Road. (Ward 4) AGR 01-158 AGR 01-159 Improvement Agreement with Commerce Drive Partners, for Parcel Map 10788, located south of Truxtun Avenue at the northeasterly end of Commerce Drive. (Ward 5) AGR 01-160 Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6016, located at the northwest corner of Hageman Road and Riverlakes Drive. (Ward 4) AGR 01-161 AGR 01-162 Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5827, Phase F, located south of Brimhall Road, west of Verdugo Lane. (Ward 4) AGR 01-163 AGR 01-164 Agreement to Indemnify LAFCO for City Annexation No. 415, Proceeding 1298 uninhabited territory located along the west side of Jewetta Avenue to Old Farm Road, south of Hageman Road. (Ward 4) AGR 01-165 Agreement with Delta Microlmaging, $250,000 for document file conversion to Laser Fiche or Micro Fiche formats. AGR 01-166 Consultant Agreement with Kleinfelder, Inc., $120,000 to provide materials testing services for the Buena Vista Trunk Sewer, Phase 2 Project. (Wards 4,6) AGR 01-167 Consultant's Agreement with RJM Design Group, Inc., $380,570 for Landscape Architectural, Architectural and Engineering Services for Thirty Acre Park on Stockdale Highway at Buena Vista Road. (Ward 4) Amendment No. 1 to Agreement No. 00-169 with the County of Kern regarding the Green and Wood Waste Diversion Program, amending Section 9.A of equipment to be purchased for expanded program, no changes proposed to original monetary terms. (Ward 1) AGR 01-168 AGR 00-169(1) Bakersfield, California, July 18, 2001 - Page 7 CONSENT CALENDAR continued ACTION TAKEN Amendment No. 1 to Agreement No. 00-171 with Michael Brandman Associates. $80,399 to prepare an Environmental Impact Report for General Plan AmendmentJZone Change P00- 0291, located north of Stockdale Hwy., west of Calloway Drive. (Ward 4) AGR 00-'17'1(1) Appropriation of $22,733 developer share of payment to the Development Services Department General Fund Operating Budget. Enterprise Agreement with Microsoft Corporation: Accept Iow bid of ASAP Software to provide Microsoft products to the City under the Enterprise Agreement, not to exceed $200,000 and thereafter as budgeted. AGR Of-f69 Bids: Award annual contracts to Unisource, not to exceed $40,625; and Waxie Sanitary Supply, not to exceed $24,375 for janitorial supplies. Total not to exceed $65,000. CON 01-170 CON 01-171 Accept bid to award Annual Contract to Groeniger & Company, not to exceed $100,000 for fire hydrants and burys. CON 0'1-172 Accept bid and award Contract to Valley Printers, not to exceed $101,735.02, for three issues of the activity brochure for Recreation and Parks. CON 01-173 Accept bid and award Annual Contract to Kern Sprinkler Landscaping, not to exceed $300,000 for irrigation and landscaping services, primarily for median islands. CON 0'1-f74 Accept bid from FS3, $39,983.97 for replacement fire hose. Accept bid from Quinn Company, $179,244.79 for one Four-Wheel Drive Loader (Solid Waste, additional) 187 z. Reject all bids for radio equipment for the Police Department. Bakersfield, California, July 18, 2001 - Page 8 CONSENT CALENDAR continued ACTION TAKEN aa. Reject all bids for sewer construction and repair Allen Road from Brimhall Road to Overton Street Project. (Ward 4) bb. Accept bid and award Contract to Computer Configuration Services Inc., not to exceed $199,769 to upgrade the AS400 computer system in the M.I.S. computer room. CON 01-175 Miscellaneous: CC. Appropriate $2,358,500 Prop 12 grant funds to the Water Resources ClP Budget within the State Projects Fund for Kern River Parkway project. dd. Granting Easement to Pacific Bell for communication vault at Wastewater Treatment Plant No. 3, adjacent to Taft Highway approximately 600 feet east of Gosford Road. (Ward 6) 1. Acceptance of Quitclaim of Easement. DEED 5435(A) DEED5435(B) ee. Approve payment, $19,961.92 to Quinn Company for equipment rental charges. Loader used at Mt. Vernon Greenwaste Facility. Minimum rating for Sureties issuing Performance and Labor and Materials Bonds for City construction projects, (Refer to Budget & Finance Committee) gg. Donate surplus Firefighter Turnout Gear to Guatemala Volunteer Fire Fighters. hh. Renewal of the City's property insurance policy with CHUBB for FY 2001-2002 in the amount of $117,932. ii. Appointment of League Voting Delegate and Alternate to Annual Conference. (Staff recommends appointment of Mayor Harvey Haft as League Voting Delegate and Councilmember Jacquie Sullivan as Alternate) Motion by Salvaggio to adopt Consent Calendar Items a. through ii. with separate consideration of items f. and g. APPROVED AB CARSON Bakersfield, California, July 18, 2001 - Page 9 CONSENT CALENDAR continued ACTION TAKEN Resolution of Application proposing proceedings for annexation of inhabited territory to the City of Bakersfield, property identified as Annexation No. 427, located south of Olive Drive, east of Allen Road. (Ward 4) RES 103-01 Resolution of Application proposing proceedings for annexation of inhabited territory to the City of Bakersfield, property identified as Annexation No. 426, located at the northwest corner of Olive Drive and Jewetta Avenue. (Ward 4) RES 104-01 Motion by Couch to adopt Consent Calendar Items 8. f. and g. APPROVED AB CARSON 189 HEARINGS Appeal by Paul Bealessio of the Board of Zoning Adjustment's decision to deny a Conditional Use Permit No. P00-1002 to allow the operation of a retail nursery in an OS (Open Space) zone district at 8300 Camino Media. (Ward 5) Five letters in support of staff's recommendation have been received. Also, correspondence has been received from Ken Cooper, expressing clarification to interest in Las Palmas' Conditional Use Permit. Hanson announced conflict of interest due to owning real property within 500 feet. Jack Hardisty, Development Services Director, gave a brief update. Hearing opened at 8.45 p.m. The following individuals spoke in opposition of staff recommendation: Paul Bealessio, submitted written material and Maurice Etchechury. The following individuals spoke in support of staff recommendation: Frank Gary; Carole Casteen; Norma Walker; Ken Cooper; and Mike Neal, CSUB. The following individuals spoke in rebuttal in opposition of staff recommendation: Mike Porter; and Maurice Etchechury. RES 109-01 190 Bakersfield, California, July 18, 2001 - Page 10 HEARINGS continued a. The following individuals spoke in rebuttal in support of staff recommendation: Carole Casteen; and Mike Neal, CSUB. Hearing closed at 9:19 p.m. Mayor Hall recessed the meeting at 9:20 p.m. and reconvened at 9:30 p.m. Motion by Salvaggio to deny the appeal and uphold the decision of the Board of Zoning to permit wholesale use with conditions. ACTION TAKEN APPROVED NS BENHAM SULLIVAN AB CARSON HANSON Resolution ordering the vacation and relocation of two right-turn lanes, with adjoining access openings and public utility easements, on the north side of Stockdale Highway, east of Calloway Drive, in Parcel Map No. 10625. (Ward 4) Correspondence has been received from Louise Parham, dated July 17, 2001 requesting a permanent easement to permit continued operation of their facility at this location. Hearing opened at 10:07 p.m. No one spoke at hearing. Hearing closed at 10:08 p.m. Motion by Couch to adopt the resolution. 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) Jack Hardisty, Development Services Director, stated assessments have been paid and requested the following items be removed from the assessment list: No. 27. 210 Lakeview; No. 30. 916 Lakeview; No. 40. 1205 3"d Street; and No. 41. 1420 3~ Street. RES frO-Of APPROVED AB CARSON RES 111-01 Hearing opened at 10:10 p.m. Bakersfield, California, July 18, 2001 - Page 11 HEARINGS continued c. NO one spoke at hearing. Hearing closed at 10:10 p.m. Motion by Benham to adopt the resolution as amended. ACTION TAKEN APPROVED AB CARSON 19 [ City Clerk McCarthy announced Hearing Items d. and e. have been deferred to the Council meeting of August 8, 2001. Public hearing to determine whether the public interest and necessity require acquisition by eminent domain of property interests located south of Rosedale Highway, north of the Cross Valley Canal, east of the Kern Friant Canal, Bakersfield, California, for the Mohawk sewer line extension project. (Code of Civil Procedure Section 1245.230, et seq.) Correspondence has been received from Thomas Fallgatter, of Klein, DeNatale, Goldner, Cooper, Rosenlieb and Kimball, LLP, representing Equilon Enterprises, dated July 18, 2001, in opposition to the hearings regarding the sewer line extension project. Public hearing to determine whether the public interest and necessity require acquisition by eminent domain of property interests located south of Rosedale Highway, north of the Cross Valley Canal, east of Fruitvale Avenue, west of Gibson Street, Bakersfield, California, for the Mohawk sewer line extension project. (Code of Civil Procedure Section 1245.230, et seq.) 10. REPORTS Legislative and Litigation Committee Report No. 5-01 regarding KCPA-TV request for Public Access Television Support. Couch requested staff draft a response to answer future criticism from Mr. Mason. Motion by Benham to accept report. APPROVED AB CARSON 10. 11. Bakersfield, California, July 18, 2001 - Page 12 REPORTS continued ACTION TAKEN b. Ward Populations. Jack Hardisty, Development Services Director, gave a brief update. Salvaggio requested staff provide Council with information on legalities and percent of variance allowed. Sullivan requested staff indicate on maps areas of anticipated growth. Motion by Salvaggio to accept report. APPROVED AB CARSON DEFERRED BUSINESS Ordinance amending Chapter 17.61 of Title 17 of the Bakersfield Municipal Code relating to landscape standards. (First reading 6-27-01) ORD 4010 Correspondence has been received from Fred Porter, CELSOC, dated July 18, 2001 requesting the amended language to Section 17.61.030(E) be changed back to the original language. Jack Hardisty, Development Services Director, stated a typographical error needed to be corrected on page 1, under Section 17.61.020(A), "...to a building permit is less than 50..." should be 50 percent .... Motion by Couch to adopt the ordinance. APPROVED AB CARSON b. City Council request for staff support and technology funding. Mayor Hall announced this item will be continued to a future meeting, date to be announced. 12. NEW BUSINESS Emergency Ordinance amending portions of Chapter 5.32 of the Bakersfield Municipal Code relating to massage establishments. Motion by Benham to adopt the ordinance. ORD 4011 APPROVED AB CARSON 12. Bakersfield, California, July 18, 2001 - Page 13 NEW BUSINESS continued ACTION TAKEN Ordinance amending portions of Chapter 5.50 of the Bakersfield Municipal Code relating to taxicabs. FR Ordinance amending Chapter 12.56.240 of the Bakersfield Municipal Code relating to sales and fees regulations. FR Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 415 to Ward 4, located along the west side of Jewetta Avenue to Old Farm Road, south of Hageman Road. (Ward 4) FR 193 13. COUNCIL & MAYOR STATEMENTS Maggard requested more discussion of the naming of the City Center Riverwalk project. Tandy responded Maggard referred to staff the issue of the City flying U.S. flags at night and not being lighted, also requested staff look into new flags. Mayor Hall responded this issue has been addressed. Benham referred to staff a request from the Downtown Business Association regarding assistance with payments for the quarterly banner change out. Benham referred to Economic Development a request from the Downtown Business Association for assistance identifying possible grant sources. Benham referred to the Police Department the issue of vandalism at the Junior League building, 1928 19~ Street. Benham thanked Water Resources for the water in the river on the 4th of July. Benham referred to staff an article from the LA Times, regarding rubber sidewalk replacement panels to protect curbside shade trees. Benham referred to the Urban Development Committee the issue of landscape ordinance enforcement. 194 13. Bakersfield, California, July 18, 2001 - Page 14 COUNCIL & MAYOR STATEMENTS continued ACTION TAKEN Benham referred to Public Works the issue of placing additional signal approach sign on the north side at 24~ and A Streets, driving east; and reported the sign on the south side is obscured by trees.. Couch referred to Public Works the issue of residents moving trash cans to their back yard an requested a copy of the ordinance. Couch stated there will be a conference Taking Control of our Energy Future on September 7-9, 2001. Sullivan suggested staff consider replacing two small trash cans for one large trash can for residents that can't get the large can through their gates. Sullivan suggested the name of the downtown center could be Riverwalk Downtown instead of Riverwalk Plaza. Sullivan stated the 4t~ of July celebration was groat. Salvaggio referred to staff a letter from Jim Smith regarding crossings at Riverwalk and Riverwalk Plaza. Salvaggio requested Public Works provide David Couch, KCOG representative, a copy of the letter to Ron Brummett, dated May 24, 2001, regarding the White Lane sound wall, and let Couch know when to get that issue in the State Transportation Improvement program. Salvaggio referred to Alan Tandy and Donna Kunz, an e-mail for assistance drafting a response. Salvaggio welcomed Raul Rojas back. Salvaggio requested staff provide a status report regarding the Shawn Davis Backhoe Construction for Wible Road Storm Drain Improvements, Planz Road to State Highway 99 bridge crossing. Salvaggio requested staff provide a status report regarding the Gwendolen Sewer. Raul Rojas responded. Salvaggio requested City Manager Tandy call the Cai Trans District Director regarding the installation of the traffic signal on Fairview Road and Monitor. 195 13. Bakersfield, California, July 18, 2001 - Page 15 COUNCIL & MAYOR STATEMENTS continued ACTION TAKEN Salvaggio requested staff provide a list of railroad crossing that need repairs. Salvaggio requested staff send Councilmember Carson a plant, she wasn't able to attend the meeting due to knee surgery. Sullivan congratulated Salvaggio on his 25 year wedding anniversary; expressed get well wishes to Carson; and welcomed back Raul Rojas and thanked Jack LaRochelle for doing a great job as Interim Public Works Director. Maggard congratulated Salvaggio for being confirmed by the State Senate to the California Regional Water Quality Control Board. Mayor Hall wished Councilmember Carson a successful recovery. Mayor Hall made comments regarding the State of the City luncheon. 14. ADJOURNMENT MayorHalladjournthe~.~nga. y~.~,~..~ /~ MAYO~of th~ ~ity of Baker~ield, C~ ATTEST: CITY CLERK and Ex Officio Cl~rk of the Council of the City of BakersfieYd