MINUTES TEHACHAPI CITY COUNCIL REGULAR MEETING, TEHACHAPI REDEVELOPMENT AGENCY REGULAR MEETING, TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING BeeKay Theatre 110 South Green Street Monday, June 1, 2009 6:00 P.M. ROLL CALL: Present: Absent: ROLL CALL: Present: Absent: TEHACHAPI CITY COUNCIL Council Members Vernon (seated at 5:55 p.m.), Smith (seated at 5:55 p.m.), Grimes (seated at 6:59 p.m.), Beckham (seated at 5:55 p.m.), and Reed (seated at 5:59 p.m.). None TEHACHAPI REDEVELOPMENT AGENCY TEHACHAPI PUBLIC FINANCING AUTHORITY AND TEHACHAPI CITY FINANCING CORPORATION Board of Directors Vernon (seated at 5:55 p.m.), Smith (seated at 5:55 p.m.), Grimes (seated at 6:59 p.m.), Beckham (seated at 5:55 p.m.), and Reed (seated at 5:59 p.m.). None NOTE: Sm, Be, Ve, Gr and Re are abbreviations for Council Members Smith, Beckham, Vernon, Grimes and Reed, respectively. For example, Gr/Sm denotes Council Member Grimes made the motion and Council Member Smith seconded it. The abbreviation Ab means absent, Abd abstained, Ns noes, and NAT no action taken. A moment of silence was observed in honor of Major Jason George who paid the ultimate sacrifice for our freedom while stationed in Iraq on May 21, 2009. INVOCATION BY Barry Galloway of Tehachapi Mountain Vineyard Church. PLEDGE TO FLAG was lead by Council Member Beckham. COUNCIL APPROVED THE CONSENT CALENDAR SUBJECT TO REMOVING ITEM *6 AS REQUESTED BY COUNCIL MEMBER SMITH. Approved Consent Calendar Subject Removing Item *6 AUDIENCE ORAL COMMUNICATIONS 1. General public comments regarding matters not listed as an agenda item were received from: a. Michelle Vance of Mainstreet Tehachapi discussed new downtown businesses and upcoming events for the summer. 2. Ron Brummet, Executive Director of the Kern Council of Governments (Kern COG), addressed the Council regarding SB 375 and its potential impacts to our region. SB 375 is a new state planning law regarding regional transportation and land use. Kim Cummings, resident, wanted to know who was paying for all the research. Craig Britton, Computer Tech asked about penalties. David Butler asked about reducing hydrocarbons. Tina Forde, Tehachapi News inquired about a ton of gas. Council Member Vernon commented on City s compliance with SB 375. Council Member Beckham addressed the ever-changing state rules. 3. Ron Brummet, Executive Director of the Kern COG, addressed the Council regarding the Energy Watch Program. Craig Britton asked who the program is for. Ken Hetge asked about property tax offset. Carl
Gehricke, resident, asked about credit for wind turbines at plant. Council Member Smith asked about energy audit. Council Member Beckham asked about assistance for seniors. Mayor Vernon thanked Ron Brummet for his presentations. Council Member Grimes was seated at the table at 6:59 pm. CITY CLERK REPORTS *4. ALL ORDINANCES SCHEDULED FOR INTRODUCTION OR ADOPTION AT THIS MEETING SHALL BE READ BY TITLE ONLY. All Ord. Read By Title Only *5. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Authority Regular Meeting on 05/04/09 and Special Meeting on 05/14/09 - APPROVED AND FILED. Approved And Filed FINANCE DIRECTOR REPORTS *6. Disbursements, Bills, and Claims for 05/05/09 06/01/09 THIS ITEM WAS REMOVED FROM THE CONSENT CALENDAR BY COUNCIL MEMBER SMITH TO INQUIRE ABOUT REIMBURSEMENT TO COUNCIL MEMBER BECKHAM. AUTHORIZED PAYMENTS. *7. As the Council may be aware, Proposition 4, approved by the voters in November 1979, added California Constitution, Article XIII B, and is called the appropriations limit or "Gann limit. Article XIII B limits the level of most appropriations from tax sources that the state and most local government entities are permitted to make in any given year. The limit applies to appropriations of tax proceeds from both the general fund and special funds. Proceeds of taxes include tax revenues, interest earnings on invested tax revenues, and any revenues collected by a regulatory license fee or user charge in excess of the amount needed to cover the cost of providing the regulation, product, or service - ADOPTED RESOLUTION NO. 09-09, ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION AND REPEALING RESOLUTION NO. 22-08. *8. City of Tehachapi Treasurer s Report for April 2009 - RECEIVED AND FILED. This Item Was Removed From The Consent Calendar Authorized Payments Sm/Gr Motion Carried 1 No: Re Adopted Res. No. 09-09, Establishing An Appropriations Limit Pursuant To Article Xiii B Of The California Constitution And Repealing Res. No. 22-08 Received And Filed CITY MANAGER REPORTS 9. PUBLIC HEARING - This action by the City Council orders the levy of assessments within the Landscaping and Lighting District No. 1 for fiscal year 2009/2010 - COUNCIL OPENED HEARING AT 7:09 P.M.; NOTICE OF PUBLIC HEARING WAS PUBLISHED ON MAY 20, 2009, IN THE TEHACHAPI NEWS; NO CORRESPONDENCE WAS RECEIVED; STAFF REPORT WAS PROVIDED BY GREG GARRETT; PUBLIC COMMENTS RECEIVED FROM KEN HETGE AND CRAIG BRITTON. COUNCIL MEMBER SMITH STATED THAT IT PROTECTS HOMEOWNERS IN COMMUNITY FROM PAYING FOR FUTURE DEVELOPMENTS. COUNCIL MEMBER BECKHAM INQUIRED Adopted Res. No. 17-09 Amending And/Or Approving The Final Engineer s Report Regarding The Landscaping And Lighting Assessment District #1, And The Levy And Collection Of Annual Assessments Related Thereto For Fiscal Year 2009/2010; Adopted Res. No. 18-09 Ordering The Levy And Collection Of Assessments Within The Landscaping And Lighting Assessment District
ABOUT RE-ASSESSMENTS. CLOSED PUBLIC HEARING AT 7:15 P.M.; ADOPTED RESOLUTION NO. 17-09 AMENDING AND/OR APPROVING THE FINAL ENGINEER S REPORT REGARDING THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1, AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2009/2010; ADOPTED RESOLUTION NO. 18-09 ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1, FOR FISCAL YEAR 2009/2010. 10. PUBLIC HEARING - This action by the City Council orders the levy of assessments within Drainage Benefit Assessment District No. 1 - COUNCIL OPENED HEARING AT 7:16 P.M.; NOTICE OF PUBLIC HEARING WAS PUBLISHED ON MAY 20, 2009, IN THE TEHACHAPI NEWS; NO CORRESPONDENCE WAS RECEIVED; STAFF REPORT WAS PROVIDED BY GREG GARRETT; PUBLIC COMMENTS WERE RECEIVED FROM KEN HETGE; CLOSED PUBLIC HEARING AT 7:19 P.M.; ADOPTED RESOLUTION NO. 19-09 APPROVING THE ANNUAL ENGINEER S REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITY OF TEHACHAPI DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 1, FOR FISCAL YEAR 2009/2010, PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982. *11. A Special Use Application was received from Kohnen s Country Bakery for the use of Curry Street to hold a Classic Volkswagen car show in conjunction with the Oktoberfest being held September 12, 2009. To accomplish this, Kohnen s is requesting that Curry Street be closed from Tehachapi Boulevard to F Street from 12:00 noon to 8:00 pm. In addition to street closures, Kohnen s has requested barricades be provided by the City - APPROVED THE SPECIAL USE APPLICATION AND ASSOCIATED STREET CLOSURE FOR THE KOHNEN S COUNTRY BAKERY VOLKSWAGEN CAR SHOW. *12. Agreement with Pyro Spectaculars to provide a fireworks display on July 4, 2009, in the City of Tehachapi - APPROVED AND AUTHORIZED THE MAYOR TO SIGN THE AGREEMENT BETWEEN PYRO SPECTACULAR. *13. Agreement with Kiddie Amusements to provide certain amusements for the July 4 th Hotdog Festival located at Philip Marx (Central) Park - APPROVED AND AUTHORIZED THE MAYOR TO SIGN THE AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND KIDDIE AMUSEMENTS, INC. #1, For Fiscal Year 2009/2010 Sm/Re Ayes All Adopted Resolution No. 19-09 Approving The Annual Engineer s Report And Ordering The Levy And Collection Of Assessments Within The City Of Tehachapi Drainage Benefit Assessment District No. 1, For Fiscal Year 2009/2010, Pursuant To The Provisions Of The Benefit Assessment Act Of 1982 Sm/Gr Ayes All Approved The Special Use Application And Associated Street Closure For The Kohnen s Country Bakery Volkswagen Car Show Approved And Authorized The Mayor To Sign The Agreement Between Pyro Spectacular Approved And Authorized The Mayor To Sign The Agreement Between The City Of Tehachapi And Kiddie Amusements, Inc. 14. As the Council will recall, on June 13, 2008, the Historic Tehachapi Depot was tragically destroyed by fire. Since that time, Staff and others have worked diligently to create a set of plans that conforms to modern building codes while retaining the look and feel of the original building. Following Council authorization, Staff advertised and accepted bids for the construction of the Depot and bids were opened publicly on May 13, 2009. The bids were received as follows: Aspen Builders Inc. $834,494.79; JTS Construction $854,000.00; Klassen Corporation $934,998.00; Black/Hall Construction Inc. $965,717.34; Superior Awarded The Union Pacific Depot Rebuild To The Lowest Bidder, Aspen Builders Inc., In The Amount Of $834,494.79 Sm/Re Ayes All
Construction $1,026,656.56; Don Kinzel Construction $1,083,877.00. In conjunction with the development of the plans, Staff has been working closely with the insurance company to ensure that the replacement of costs of the loss is covered PUBLIC COMMENT WAS RECEIVED. FRED MATTER EXPRESSED HIS APPRECIATION FOR ALL THE CITY HAS DONE TO REBUILD THE DEPOT. DAVE BUTLER ASKED FOR CLARIFICATION ON LOWEST BID. ANTHONY CARNEVALE, TEHACHAPI WINDOW & DOOR, EXPRESSED HIS DISAPPROVAL OF AWARDING BID TO ASPEN BUILDERS DUE TO ASPENS LACK OF INTEREST IN DOING BUSINESS WITH TEHACHAPI WINDOW & DOOR ON THIS PROJECT. ANTHONY ASKED IF CITY COULD INTERVENE ON HIS BEHALF WITH ASPEN BUILDERS. RUSSELL MOORE, TEHACHAPI WINDOW & DOOR BELIEVES IT IS IRONIC THAT MAINSTREET TEHACHAPI HAS AN OFFICE AT ASPEN BUILDERS AND THAT ASPEN BUILDERS IS THE CONTRACTOR WHO WON THE BID FOR THE DEPOT. KEN HETGE MADE COMMENTS FROM THE AUDIENCE. CARL GEHRICKE INQUIRED ABOUT CHANGE ORDERS. COUNCIL MEMBER BECKHAM ENCOURAGES PUBLIC TO VOICE CONCERNS AT COUNCIL MEETINGS AND INQUIRED ABOUT BUILDING ON RAILROAD PROPERTY. MAYOR VERNON STATED THAT CITY PROMOTES USING LOCAL BUSINESSES BUT CANNOT DICTATE WHO ASPEN USES. COUNCIL MEMBER SMITH CLARIFIED THAT ALL BIDS REMAINED SEALED UNTIL BID OPENING. COUNCIL MEMBER REED STATED MONEY FROM INSURANCE IS ONLY FOR REBUILDING DEPOT. AWARDED THE UNION PACIFIC DEPOT REBUILD TO THE LOWEST BIDDER, ASPEN BUILDERS INC., IN THE AMOUNT OF $834,494.79. COUNCIL MEMBER ANNOUNCEMENTS OR REPORTS On their own initiative, a Council Member may ask a question for clarification, make a brief announcement, provide a reference to staff or other resources for factual information, take action to have staff place a matter of business on a future agenda, request staff to report back at a subsequent meeting concerning any matter, or make a brief report on his or her own activities. (Per Gov t. Code 54954.2(a)) 1. Council Member Smith announced that Kern COG gave final approval for funding Centennial Plaza. 2. Council Member Beckham announced that the distribution center for Mens Warehouse is moving to Bakersfield thanks to the Kern Economic Development Corporation. Commented on Kern COG survey on Highway 58. He supports Love s Truck Stop coming to Tehachapi. Let everyone know that Stop N Save is back in business. 3. Council Member Reed attended services for Major George and that he believes Tehachapi should have a veterans memorial in downtown. 4. Council Member Grimes reported that he was late because he was at the annual senior awards. Tehachapi scholarships totaled $295,000 and it was a good night for Tehachapi kids.
5. Mayor Vernon reported on the resolution adopted at the special meeting. Also commented on not all businesses are closing due to economic reasons and we need to support all our downtown businesses. CLOSED SESSION 1. Approval of Minutes of Closed Session on May 4, 2009. 2. Conference with real property negotiator (City Manager) regarding price and terms of payment for purchase of property described as APN Nos. 040-520-01 through 040-520-12 per Government Code section 54956.8. 3. Conference with real property negotiator (City Manager) regarding price and terms of payment for purchase of property described as APN No. 040-120-11 per Government Code Section 54956.8. 4. Conference with real property negotiator (City Manager) regarding price and terms of payment for purchase of property described as APN No. 416-020-04 per Government Code Section 54956.8. 5. Conference with real property negotiator (City Manager) regarding price and terms of payment for purchase of property described as APN No. 040-110-06 per Government Code Section 54956.8. 6. Conference with Legal Counsel Regarding Fauth v. City of Tehachapi Per Government Code Section 54956.9(a).) 7. Conference with Legal Counsel Regarding Possible Initiation of Litigation (1 Case) per Government Code Section 54956.9(c). Mayor Linda Vernon called the meeting back into regular session and reported that action was taken in Closed Session as follows: 1. Approval of Closed Session Minutes on May 4, 2009. Sm/Gr Ayes All ADJOURNMENT The City Council/Boards adjourned at 8:52 P.M. to a Tehachapi City Council, Tehachapi Redevelopment Agency, Tehachapi Public Financing Authority and to be held on Monday, June 15, 2009, at 6:00 p.m. Adj at 8:52 p.m. Sm/Gr Ayes All
DENISE ANGELONE City Clerk, City of Tehachapi Approved this 15 th of June, 2009 day LINDA VERNON Mayor, City of Tehachapi