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HomeMy WebLinkAbout10/03/01 MINUTES CC BAKERSFIELD CiTY COUNCIL MINUTES MEETING OF OCTOBER 3, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 275 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard (seated at 5:46 p.m.), Couch, Hanson, Sullivan (seated at 5:20 p.m.) None ACTION TAKEN WORKSHOP a. Internet Portal Bob Trammel, Management Information Services Director, gave a computer presentation. NAT b. Space Needs Alan Christensen, Assistant City Manager, gave a computer presentation and provided written material. NAT Overview of the City's Traffic Operations Center. Steve Walker, Traffic Engineer, gave a computer presentation. NAT Motion by Salvaggio to recess from Workshop c. to tour the Traffic Operations Center, then to Closed Session at 5:50 p.m. APPROVED CLOSED SESSION 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 Superior Court Case No. 242104-RA DELETED Bakersfield, California, October 3, 2001 - Page 2 3. CLOSED SESSION continued ACTION TAKEN Conference with Legal Counsel Existing Litigation. Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9. Joseph M. O'Leary vs. Clint Blackburn, et al.; Kern County Superior Court Case No. 245089-SPC NAT Motion by Salvaggio to adjourn from Closed Session at 6:58 p.m. APPROVED REGULAR MEETING 1. INVOCATION by Bryan Whiffield, Heritage Bible Church PLEDGE OF ALLEGIANCE by The South Valley Sound Chorus, singing the National Anthem. 3. ROLLCALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard, Couch, Hanson, Sullivan Absent: None CLOSED SESSION ACTION Mayor Hall announced there was no Closed Session Action. PRESENTATIONS Mayor Hall presented a Proclamation to Paul Mettle, President of the Kern County Shrine Club, proclaiming November 25, through December 1, 2001 as "Shrine Potato Bowl Week". PUBLIC STATEMENTS Becky Kaiser spoke regarding streamlining meetings. b. Phyllis Waldo spoke regarding City Center/Riverwalk Plaza. C. Cullimore, Vice President, spoke regarding quality of life in Oleander Sunset District. Benham referred the issue of vandalism in the Oleander area to staff for further investigation. Bakersfield, California, October 3, 2001 - Page 3 PUBLIC STATEMENTS continued d. Mary Sawyer-Hutchins spoke regarding financing of sale/leaseback City buildings, structures, and equipment. e. Cathi Guerrero spoke regarding Keep Bakersfield Beautiful Community and extended an invitation to attend the Certification Celebration at Centennial Plaza, Oct. 5, 2001 at 5:00 p.m. ACTION TAKEN 277 7. APPOINTMENTS None. CONSENT CALENDAR Minutes: Approval of September 19, 2001Council meeting Minutes; and Correction to September 5, 2001 Regular Council meeting Minutes, Item 11 .a. Payments: Payments from September 7, to September 21, 2001 in the amount of $6,799,936.32; and Self Insurance payments from September 7, to September 21, 2001 in the amount of $152,222.95. Ordinances: Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 101-12 changing the zoning district from E (Estate One- Family Dwelling) to R-1 (One-Family Dwelling) on 69.22 acres, from E to R-1 CH (One-Family Dwelling Church) on 10.80 acres, from A (Agriculture) to R-1 on 77.15 acres for property located between Snow Road, Reina Road, Jewetta Avenue and Allen Road. (ZC P01-0228) (First reading 9/19/01) (Ward 4} Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 417 to Ward 4, located along the north side of Rosedale Highway, east and west of Henry Lane. (First reading 9/19/01) (Ward 4} ORD 4032 ORD 4033 278 Bakersfield, California, October 3, 2001 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Resolutions: Resolution setting the dates of Regular City Council Meetings, Budget Hearings and Department Presentations for January through December 2002. RES 153-01 Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 430, located at the northeast corner of Noriega Road and Allen Road. (Ward 4) RES 154-01 Resolution recommending the Federal Government give full and serious consideration of petition of the Filipino International Legal Defense and Education Fund Foundation, Inc. seeking Veterans Benefits for Filipino Nationals who fought alongside American Troops during World War II. RES 155-01 Assessment District No. 01-2 (Seven Oaks West II/River Walk/Southern Oaks): (Ward 4) Resolution accepting Petition and determining to Undertake Special Assessment Proceedings. RES 156-01 2. Resolution approving boundary map. RES 157-01 Resolution of Intention No. 1254. Resolution approving form and substance of Acquisition and Disclosure Agreements and authorizing changes thereto and execution thereof. ROI 1254 RES 158-01 AGR 01-225 AGR 01-226 AGR 01-227 Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services. Agreement with Pillsbury Winthrop, LLP, Disclosure Counsel, for legal services. Agreement with Wilson & Associates for Assessment Engineering. AGR 01-228 AGR 01-229 AGR 01-230 279 Bakersfield, California, October 3, 2001 - Page 5 CONSENT CALENDAR continued AC~ON TAKEN Agreements: i. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Campus Park, LLC, for Tract 6008, Phase 2, located south of Campus Park Drive, west of Mountain Vista Drive. AGR 01-231 AGR 01-232 Agreement with HPS Mechanical, Inc. to provide Community Development Block Grant (CDBG) assistance for permit fees and equipment related to construction of a manufacturing and service facility in the amount of $50,000. (Ward 1) AGR 01-233 Agreement with Kern Chapter, American Red Cross, a non-profit, 501 (c)(3) tax exempt organization, to purchase seven surplus computers from the City for $1.00 each for a total of $7.00. AGR 01-234 Amendment No. I to Agreement No. 99-73 with California Water Service Company for the Northeast Bakersfield Water Supply Project. AGR 99-73(1) Amendment No. 1 to Design Consultant Agreement No. 00-185 with Porter-Robertson Incorporated, $100,000 for additional On Call Civil Engineering Services. AGR 00-185(1) Amendment No. 1 to Design Consultant Agreement No. 00-186 with Ruettgers & Schuler Civil Engineers, $100,000 for additional On Call Civil Engineering Services. AGR 00-186(1) Amendment No. 1 to Agreement No. 01-123/RA 01-5 with Canyon Hills Senior Housing, Inc. (CHSH) to extend repayment period to 30 years. (Ward 3) Amendment No. 2 to Agreement No. 98-258 with California State University, Bakersfield Foundation for a five-year extension of lease at Centennial Garden. (Ward 2) AGR 01-123/RA 01-5(1) AGR 98-258(2) Bakersfield, California, October 3, 2001 - Page 6 CONSENT CALENDAR continued ACTION TAKEN Bids: Paladino Drive Street Construction Project: (Ward 3) Accept bid to award contract to Bowman Asphalt Inc., $316,915.88 for the Paladino Drive Street Construction Project. CON 01-235 Appropriate $340,000 Transportation Development fund balance to the Capital Improvement Budget. Miscellaneous: Grant Easement to California Water Service Company which will allow the Grantee to operate and maintain water mains at the Bakersfield Amtrak Station. (Ward 2) DEED 5468 Transfer $6,000 Council Contingency to the Fire Department Operating Budget for additional overtime costs due to attendance of Fire Department personnel at New York City Firefighters memorial service. Motion by Salvsggio to adopt Consent Calendar Items a. through s. APPROVED HEARINGS Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103- 31) of Title 17 of the Bakersfield Municipal Code by changing the zoning from C-2 (Regional Commercial) to PCD (Planned Commercial Development) zone on 4.3 acres located on the southwest corner of Union Avenue and California Avenue (1101 Union Avenue) to allow the construction of a grocery store and gas fueling islands (ZC P01-0539).(Ward 1) Jack Hardisty, Development Services Director, gave a brief update. Hearing opened at 7:31 p.m. FR HEARINGS a. Bakersfield, California, October 3, 2001 - Page 7 ACTION TAKEN The following individuals spoke in support of staff recommendation: Lee Jamison, Hopper Properties; Stephanie Campbell, Southeast Redevelopment PAC Committee; Branishe Williams; Kyle Williams; Renee D. Nelson representing concerned citizens and Walter Williams. Hearing closed at 7:40 p.m. Salvaggio stated for the record, the changes that occurred: · Driveways on the east side of Pershing Street was originally set to be three, has been reduced to two. · Truck traffic must enter from Union Avenue and exit onto California Avenue. · The truck loading dock is recessed and now located on the southwest side of building. · The trash compactor area is now located on the southeast side of the building. · Mr. Jamison, applicant, will be providing a photometric study that will determine the amount of light spillover that will be seen at the sidewalk on Pershing Street and at residences on Pershing Street prior to installing lighting. · The City shall install STOP signs on 11th Street at Pershing Street and T Street; also on 10'h Street at Pershing Street and T Street. · The developer has agreed to align one of the driveways with 11th Street in order to prevent headlights from shining into residence at southwest corner of Pershing and 11th Streets. · The City will replace existing "No Truck" signs at each end of Pershing Street with "Not a Truck Route" to be consistent with the Bakersfield Municipal Code and current practice. · Public Works staff shall collect traffic counts on Pershing, 11th, 10'h and T Streets prior to the opening of the proposed grocery story to establish traffic volume bases. At a date 3 months and 6 months after the opening of the grocery store Mr. Walker, Traffic Engineer, shall analyze the traffic operations of the driveways on Pershing, 11~h, 10~ and T street traffic and their respective 281 282 10. Bakersfield, California, October 3, 2001 - Page 8 HEARINGS continued AC~ON TAKEN intersections. If controls are needed the Traffic Engineer shall have right turn diverters installed at the driveways and/or mini traffic circle diverters at the intersections. City Fire Department reviewed the proposed driveway access and prefers t~vo driveways on Pershing Street, but is requiring at least one drive way on Pershing Street. The developer will construct a 4 foot tall blockwall measured from the grate of the parking lot to block lights from vehicle headlights on the westside of the project; south of the driveway nearest to the store, 11th Street, will be 6foot high block wall to block lights and noise from trucks. Motion by Carson to direct staff to implement recommendations and first reading of the ordinance. APPROVED REPORTS a. Ward Reapportionment Jack Hardisty, Development Services Director, gave an update, Dave Dow, Assistant Planner, gave a computer presentation and made adjustments to wards as directed. Carson requested staff provide her with an ethnic break down by ward and, also the current law regarding ethnic break down. NAT Streamlining of City Council Meetings: Ordinance amending Section 2.04.010, Section 2.04.030, Section 2.04.070, Subsections A and B of Section 2.04.100, and Subsection A, Paragraph 7 of Section 2.04.110 of the Bakersfield Municipal Code relating to Council meetings. Motion by Benham to refer the proposed streamlining actions and ordinance back to Legislative and Litigation Committee, also direct the City Attorney to bring back a revised ordinance at the next meeting. APPROVED 28? 11. Bakersfield, California, October 3, 2001 - Page 9 DEFERRED BUSINESS c. Report by Councilmember Couch on meeting with Kern Council of Governments regarding the Westside Parkway. Couch recognized Ted Wright, who answered questions. Couch requested staff schedule a workshop in November to discuss this issue. ACTION TAKEN Mayor Hall recessed the meeting at 8:55 p.m. and reconvened at 9:00 p.m. a. Riverwalk Plaza: (Ward 2) City Manager Report regarding Status of Riverwalk Plaza. Agreement with the California League of Professional Baseball to lease the Multi- Use stadium. City Manager Tandy gave a status report, a video presentation regarding Mandalay Sports and answered questions. Greg Klimko, Finance Director, gave a financial overview. Couch requested Gene Bogart, Water Resources Manager, meet with him regarding the Ag Water Fund. Benham recognized Tom Mishoe and Jeff Green, members of the Expert Citizens' Oversight Review Committee, to speak. Benham requested the Financial Oversight Review Committee reconvene immediately to review the financing of the lease and report back to Council prior to the next Council meeting. Couch stated for the record, he is a capitalist and every business is entitled to make a tremendous profit and thanked Jeff Green and Tom Mishoe. Motion by Hanson to adopt staff recommendations and approve agreement. AGR 01-236 APPROVED NS BENHAM MAGGARD COUCH 284 11. Bakersfield, California, October 3, 2001 - Page 10 DEFERRED BUSINESS continued ACTION TAKEN Multi-Purpose Stadium: a. Agreement with PG&E for relocation of a gas transmission line for $80,000. AGR 01-237 Appropriate and transfer $80,000 ACCEL refund from the Risk Management Fund to the Capital improvement Budget in the Capital Outlay Fund for relocation of a PG&E gas transmission line. Motion by Salvaggio to approve agreement and transfer of funds. APPROVED NS COUCH AB CARSON Agreement with HOK Design/Build, $390,000 for authorization to proceed with Phase I, Design of the construction of Bakersfield Multi-Purpose Stadium. AGR 01-238 Motion by Salvaggio to approve contingent upon points I and 2 on the administrative 1. The League will contribute a total of $2.5 million to the construction of the multi-use stadium. Such contribution will be made as follows: a) $47,500 for architectural work to facilitate the guaranteed maximum price. That amount was provided by the current Blaze owner; b) $150,000 for complete architectural drawings; c) The balance (approximately $2.3 million) will be paid to City after the City has paid $9 million in actual design and construction costs on the stadium. However, the Cai League must provide a satisfactory guaranty that the money will be available to the City prior to the execution of the lease; 2. The annual lease payment is $115,000 payable in monthly installments from February to November each year. The term of the lease is 27 years with one 5- year option; And review by Councilmember Hanson, Greg Klimko, Finance Director, Bart Thiltgen, City Attorney, and Alan Tandy, City Manager. APPROVED NS COUCH BENHAM MAGGARD 12. Bakersfield, California, October 3, 2001 - Page 11 NEW BUSINESS ACTION TAKEN None. 13. COUNCIL & MAYOR STATEMENTS Couch expressed appreciation to Mr. Mishoe and Mr. Green, of the Citizens' Oversight Review Committee for their efforts and stated he feels the committee has the expertise to do what Council is asking of them, and appreciates their continued efforts. Maggard also thanked Mr. Mishoe and Mr. Green, of the Citizens' Oversight Review Committee for their efforts and stated he and tax payers will benefit from the committee's opinion on future issues presented to them. Maggard requested Fire Chief Fraze, Jack Hardisty, Development Services Director, and City Manager's staff have a preliminary discussion regarding the timing of when Station 12 will come on line. Maggard stated it was useful to hear a report by Councilmember Couch regarding KCOG, and it would benefit him as City representative on the San Joaquin Valley Air Pollution Control District Board to have a discussion/presentation at the next meeting regarding the PMIO Air Quality regulations the Air District is considering. 14. CITY CLERK and Ex Officio (~erk of the Council of the City of Bakersfield ADJOURNMENT Mayor Hall adjourn~ ~~i;~m i? :09 ,m~/-- MAYOR of the City of Bakersfi~d, CA