HomeMy WebLinkAbout12/12/01 MINUTES CC333
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 12, 2001
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: Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham
Maggard, Couch, Hanson, Sullivan
Absent: None
2. WORKSHOP
a. Capital Improvement Program Update.
Ted Wright, Public Works Civil Engineer, gave a
computer presentation and answered questions.
Salvaggio requested a copy of the letter to be
sent to residents explaining options to
connect to sewer lines; also requested a copy
of the written presentation.
b. Report on Relocation of Recreation and Parks
Department Offices.
Alan Abe, Assistant Director of Recreation and
Parks, gave a presentation.
C. Report on Status of Entrance Signs Project.
Ted Wright, Public Works Civil Engineer, gave a
computer presentation, provided written material
and answered questions.
Motion by Benham to approve the green,
yellow and blue colors for the City entry sign.
Motion by Sullivan to approve the red color for
the entry sign.
ACTION TAKEN
FAILED
NS CARSON
SULLIVAN
SALVAGGIO
HANSON
APPROVED
NS BENHAM
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Bakersfield, California, December 12, 2001 - Page 2
3. CLOSED SESSION
ACTION TAKEN
Motion by Salvaggio to recess to Closed Session at APPROVED
6:15 p.m.
a. Conference with Legal Counsel - Existing NAT
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
b. Conference with Legal Counsel - Existing NAT
Litigation; Closed Session pursuantto Subdivision
(a) of Government Code Section 54956.9; Joseph
Wyatt, et al. vs City of Bakersfield, et al.; Kern
County Superior Court Case No. 244305-SPC.
Motion by Salvaggio to adjourn from Closed Session APPROVED
at 6:33 p.m.
REGULAR MEETING
1. INVOCATION by Pastor Mike Popovich, Olive Drive Church
2. PLEDGE OF ALLEGIANCE by Patrick Gomez, 5th Grade
Student at Casa Loma School.
3. ROLL CALL
Present: Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham
Maggard, Couch, Hanson, Sullivan
Absent: None
4. CLOSED SESSION ACTION
Mayor Hall announced there was no Closed Session
Action.
5. PRESENTATIONS
a. Mayor Hall presented a Retirement Plaque and
Gift Certificate to James M. Shapazian, Fire
Marshal, Bakersfield Fire Department, for 28.5
years of service to the City of Bakersfield.
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Bakersfield, California, December 12, 2001 - Page 3
5. PRESENTATIONS continued
b. Mayor Hall presented a Proclamation to Steve
Schilling, Chief Executive Officer, Clinica Sierra
Vista, proclaiming December 22, 2001 as "Clinica
Sierra Vista Day".
6. PUBLIC STATEMENTS
a. Jessica Boden and her cousin Kevin, expressed
birthday wishes to their grandmother,
Councilmember Jackie Sullivan.
b. Jack Patton, Bakersfield Blaze, thanked Council
and staff for their efforts regarding the City Center
Project.
C. Roberta Miller spoke regarding City services, such
as police presence, trailer truck parking, graffiti
and road conditions, south of Panama Lane,
between Akers and Wible Roads.
Sullivan requested staff provide her
information regarding the completion of
Hosking Road
d. Patrick Steele spoke regarding a design
ordinance for Downtown.
Benham referred to staff the issue of a design
ordinance for Downtown for review.
e. Heather Mortsen, Department of Public Health-
Tobacco Education Program thanked Council for
their support on the ban of self service displays.
f. Barbara Fields spoke regarding annexations.
Stuart Gentry spoke regarding the City Center
Project and requested Council provide a written
response to the following: The status of the funds
totaling approximately $106,000 for the PG&E
work relocation of a gas line in the City Center
Project area and the drafting work for the line
relocation; What is the status for the $390,000
authorized for architectural work by HOK?; What
is the status of the 2.2 million allocated for the
stadium from the facilities replacement reserve
and the roughly $900,000 balance still remaining;
Also, what type of Council action is needed to
reallocate the above questioned funds towards
other Council goals?
ACTION TAKEN
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Bakersfield, California, December 12, 2001 - Page 4
6. PUBLIC STATEMENTS continued
Salvaggio requested staff respond to Mr.
Gentry in writing.
h. Vicki Avila, Chief White Collar Steward, City
Miscellaneous Employees, expressed gratitude of
White and Blue Collar workers for time Council
has taken to visit and speak to employees and
also thanked City Manager Tandy and Office
Administrator Rhonda Smiley for meeting with
each department to discuss issues.
7. APPOINTMENTS
a. Two appointments to the Miscellaneous Civil
Service Board, due to the expiration of terms of
Gonzalo Ramirez and Percy Robinson, terms
expiring December 31, 2001.
b. One appointment to the Police Civil Service Board
due to the expiration of term of William R. Perry,
term expiring December 31,2001.
C. One appointment to the Fire Civil Service Board,
due to the expiration of term of Jeffrey Vetter,
term expiring December 31,2001.
d. One appointment to the Kern Mosquito and Vector
Control District, due to the expiration of term of
Morris C. Mahlmann, term expiring December
31,2001.
ACTION TAKEN
Motion by Salvaggio to reappoint Gonzalo APPROVED
Ramirez and Percy Robinson to the
Miscellaneous Civil Service Board, terms
expiring December 31, 2004; William R. Perry
to the Police Civil Service Board, term expiring
December 31, 2004; Jeffrey Vetter, term
expiring December 31, 2004, and Morris C.
Mahlmann to the Kern Mosquito and Vector
Control District term expiring December 31,
2003.
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Bakersfield, California, December 12, 2001 - Page 5
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. November 28, 2001 Council Meeting.
Payments:
b. Payments from November 16, to November 29,
2001 in the amount of $3,525,726.84; and Self
Insurance payments from November 16, to
November 29, 2001 in the amount of
$142,072.11.
Ordinances:
C. Ordinance amending Bakersfield Municipal Code ORD 4040
Section 1. 12.040 by adding Annexation No. 419 to
Ward 4, located along the south side of Brimhall
Road, west of Jenkins Road. (First reading
11 /28/01) (Ward 4)
d. Ordinance amending Bakersfield Municipal Code ORD 4041
Section 1. 12.040 by adding Annexation No. 418 to
Ward 4, located at the southwest corner of
Calloway Drive and Meacham Road. (First reading
11/28/01) (Ward 4)
e. Ordinance amending Chapter 8.44 of the FR
Bakersfield Municipal Code relating to fireworks.
f. Ordinance amending Chapters 13.04.021 and
13.04.022 of the Bakersfield Municipal Code FR
relating to Policy and Application Process for
Maintenance Districts.
Resolutions:
Resolution of Intention No. 1261, adding territory, R011261
Area 1-28 (Truxtun Plaza East) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report. (Wards)
h. Resolution preliminarily approving Engineer's RES 183-01
Report, setting date for public hearing of protests
for Assessment District No. 01-2 (Seven Oaks
West II/River Walk/ Southern Oaks) for roadway
improvements. (Ward 4)
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Bakersfield, California, December 12, 2001 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
i. Resolution authorizing issuance and sale of RES 18401
General Obligation Water Refunding Bonds,
Series 2001, in an amount not to exceed
$5,500,000 and:
1. Approve the Bond Purchase Agreement AGR 01-348
with George K. Baum & Company;
2. Approve the Paying Agent Agreement with AGR 01-312
U.S. Bank Trust National Association;
3. Approve Bond Counsel Services AGR 01-313
Agreement with Orrick, Herrington &
Sutcliffe LLP;
4. Approve Disclosure Counsel Services AGR 01-314
Agreement with Pillsbury Winthrop LLP;
5. Authorize preparation of Preliminary
Official Statement; and
6. Authorize the Finance Director to execute
documents and perform other duties
necessary to consummate the
transactions herein authorized.
j. Authorization to apply for State Park Bond Act of
2000 Funds:
1. Resolution approving the Applicant to RES 185-01
apply for grant funds for the Per Capita
Grant Program Under the Safe
Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Act of
2000:
2. Resolution approving the Applicant to
apply for grant funds for the Roberti- RES 186-01
Z'Berg-Harris Urban Open Space and
Recreation Program under the Safe
Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Act of
2000;
3. Resolution approving the application for RES 187-01
grant funds in the amount of $402,865.
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Bakersfield, California, December 12, 2001 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
k. Resolution supporting the establishment of an RES 188-01
off-road vehicle park proximate to Metropolitan
Bakersfield.
1. Resolution restructuring the Composition of the RES 189-01
Local Task Force for Solid Waste.
M. Resolution approving an amended Employees' RES 190-01
Deferred Compensation Plan authorizing
implementation of the Plan and indemnifying the
City's Advisory Committee.
n. Amendment No.8 to Resolution No. 44-93 setting RES 44-93(8)
Salaries and Related Benefits for the Temporary
Unit (Minimum Wage Salary Adjustment)
Agreements:
o. Tract Maps/Improvement Agreements:
1. Final Map and Improvement Agreements qGR 01-315
with Castle & Cooke California, Inc. for qGR 01-316
Tract 6030, Phase A, located south of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
2. Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 6030, Phase B, located south of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
3. Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 6030, Phase C, located south of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
4. Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 6055, Phase A, located south of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
AGR O1-317
AGR O1-318
AGR 01-319
AGR 01-320
5. Final Map and Improvement Agreement qGR Of-321
with Castle & Cooke California, Inc. for
Tract 6055, Phase B, located south of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
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Bakersfield, California, December 12, 2001 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
o. 6. Final Map and Improvement Agreement AGR 01-322
with Castle & Cooke California, Inc. for
Tract 6055, Phase C, located south of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
7.
Final Map and Improvement Agreement
AGR 01-323
with Castle & Cooke California, Inc. for
Tract 6055, Phase D, located south of
Ming Avenue, west of Buena Vista Road.
(Ward 4)
8.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
AGR 01424
Tract 6001, Phase A, located north of
AGR 01-325
White Lane, west of Buena Vista Road.
(Ward 4)
9.
Final Map and Improvement Agreements
AGR 01-326
with Castle & Cooke California, Inc. for
AGR 01-327
Tract 6001, Phase B, located north of
White Lane, west of Buena Vista Road.
(Ward 4)
10.
Final Map and Improvement Agreements
AGR 01-328
with Castle & Cooke California, Inc. for
AGR 01-329
Tract 6001, Phase C, located north of
White Lane, west of Buena Vista Road.
(Ward 4)
11.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
AGR 01-330
Tract 5827, Phase G, located south of
AGR 01-331
Brimhall Road, east of Jewetta Avenue.
(Ward 4)
12.
Final Map and Improvement Agreements
AGR 01-332
with Polo Greens West, LLC for Tract
AGR 01-333
5758, Phase D, located south of Noriega
Road, west of Old Farm Road. (Ward 4)
13. Final Map and Improvement Agreements AGR 01-334
with Polo Greens West, LLC for Tract AGR 01-335
5758, Phase E, located south of Noriega
Road, west of Old Farm Road. (Ward 4)
14. Final Map and Improvement Agreements AGR 01-336
with Kyle Carter Homes Inc. for Tract AGR 01437
5993, Phase 2, located south of Snow
Road, west of Calloway Drive. (Ward 4)
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Bakersfield, California, December 12, 2001 - Page 9
8. CONSENT CALENDAR continued
o. 15. Novation between B Squared, LLC,
subdivider of recorder, Republic
Properties, inc. and G.W. Homes, a Joint
Venture, subdivider, and the City of
Bakersfield for Tract 5001, Phases 3 and
4, located north of Hosking Avenue, east
of South H Street. (ward 7)
16. Improvement Agreement with Church of
God Evening Light Saints for Parcel Map
10746, located north of Brundage Lane,
west of Oswell Street. (ward 1)
P. Agreement with Allright Central Parking, Inc. for
management services at the City's 18th and Eye
Street Parking Structure. (Ward 2)
q. Agreement with Equilon Enterprises, LLC and
North Kern Water Storage District to allow
discharge of treated groundwater into the
Calloway Canal System. (Ward 4)
r.
S.
Bids:
Physical Assessment Contracts:
1. Agreement with Central Valley
Occupational Medical Group.
2. Agreement with Southwest Urgent Care
Center.
3. Agreement with Williard B. Christiansen,
M.D. Inc.
Contract with Jones Hall for bond counsel
services in an amount not to exceed $25,000.
t. Accept bid to award annual contract to AmeriPride
Uniform Services, not to exceed $350,700 for
uniform rental and laundry service for four year
period.
U. Accept bid to award contract to Brown & Fowler
Construction, $522,516 for CBK Station 1 and
CBK Station 5 facility upgrade, for the Water
Resources Department. (ward 4)
V. Accept bid from Telcom, Incorporated,
$182,997.82 for Microwave equipment for the
Telecommunications Division of Public Works.
ACTION TAKEN
AGR 01-338
AGR 01-339
AGR 01-340
AGR 01-341
AGR 01-342
AGR 01-343
AGR 01-344
CON 01-345
CON 01-346
CON 01-347
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Bakersfield, California, December 12, 2001 - Page 10
8. CONSENT CALENDAR continued
w. SCADA (Supervisory Control and Data
Acquisition) System Conversion:
Appropriate and transfer $5,000 Sewer
Enterprise Fund balance to the Public
Works Department Operating Budget
within the Equipment Management Fund
to provide sufficient funds to award bid.
2. Accept bid from Applied Technology
Group, $30,206.10 for SCADA System
Conversion.
Miscellaneous:
X. Appropriate $28,000 Transportation Development
Act Article 3 Funds to the Capital Improvement
Budget within the Bikeway and Pedestrian
Pathway Fund for the University Avenue Bike
Lane Project. (Ward 3)
Y. Relocation of City Recreation and Parks
Department Offices and authorization for the
City's Real Property Manager to negotiate lease
terms. (Ward 2)
Z. Audit Reports:
1. Comprehensive annual Financial Report
(CAFR) for the Fiscal Year ended June 30,
2001.
2. Independent Auditors Report -Single Audit
Report -Schedule of Federal Expenditures
for the City of Bakersfield for the Fiscal
Year ended June 30, 2001.
3. IndependentAuditors Report -Compliance
with Contractual Requirements relative to
the Bakersfield Subregional Wastewater
Management Plan forthe year ended June
30, 2001.
4. Independent Auditors Report on
Appropriations Limit Worksheet (GANN
Limit) of the City of Bakersfield for the
Fiscal Year ended June 30, 2001.
ACTION TAKEN
.r.r
REMOVED FOR
SEPARATE
CONSIDERATION
REFERRED TO
BUDGET & FINANCE
COMMITTEE
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Bakersfield, California, December 12, 2001 - Page 11
8.
CONSENT CALENDAR continued ACTION TAKEN
Z. 5. Independent Auditors Report -Required
Communication with Audit Committees in
accordance with statement on Auditing
Standards #61.
6. Independent Auditors Report on Internet
Control Structure of the City of Bakersfield
for the Fiscal Year ended June 30,2001.
Motion by Sa/vaggio to adopt Consent Calendar Items APPROVED
a. through z. with separate consideration of Item y.
y. Relocation of City Recreation and Parks
Department Offices and authorization for the
City's Real Property Manager to negotiate lease
terms. (ward 2)
Motion by Hanson to refer Consent Calendar Item &y. APPROVED
back to staff for further consideration, to be brought
back to Council at a later date.
9. HEARINGS
None.
10. REPORTS
a. Water Board Report No. 2-01 regarding an
amendment to the City Water Resources Policy.
Motion by Salvaggfo to accept Report and APPROVED
adopt amended Policy Statement.
b. City Center/Creekside Plaza. NAT
Alan Tandy, City Manager, gave a status report.
Maggard requested staff explore options for
property owners that have been affected by
this project, and property owners who want to
remain in this area; also is there other certain
pieces of property that the City might acquire
for future development.
Maggard requested staff review the timing of
this project and explore if this was to occur
again in the future, how we can be more
accommodating and it can go smoother.
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Bakersfield, California, December 12, 2001 - Page 12
10. REPORTS continued
b. Couch requestedstaffprovide a memorandum
explaining what will be said to people and
property owners in the area.
Maggard requested staff determine ways to
access what community demands are for
facilities.
11. DEFERRED BUSINESS
None.
12. NEW BUSINESS
None.
13. COUNCIL & MAYOR STATEMENTS
Maggard requested staff invite Mr. Decker, who's
business is nearby Sandstone's, to the Urban
Development Committee meeting and to agendize his
concerns regarding development in area, use of
property, railroad crossings, etc.
Maggard requested staff prepare a resolution of
support for expanding the DARE Program to be
considered at the next meeting.
Maggard extended a Merry Christmas to colleagues and
staff.
Hanson stated it has been very enjoyable serving on the
City Council and encouraged citizens of Bakersfield to
have the time to give consideration to some public
service.
Hanson wished everyone a Merry Christmas and Happy
Holidays.
Couch wished the citizens of Bakersfield a Merry
Christmas.
ACTION TAKEN
Benham thanked staff and colleagues for a wonderful first
year on the Council.
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Bakersfield, California, December 12, 2001 - Page 13
13. COUNCIL & MAYOR STATEMENTS continued ACTION TAKEN
Sullivan expressed appreciation to Mayor Hall and stated
it has been a pleasure serving under Mayor Hall this past
year.
Sullivan read a prepared statement expressing Christmas
and Holiday blessings.
Carson extended birthday wishes to Councilmember
Sullivan and a Merry Christmas to all.
Mayor Hall wished Council, staff, media and citizens of
Bakersfield a happy and safe holiday season.
14. ADJOURNMENT
Mayor Hall adjourned the
MAY6R$f theeity of Bakersfield, CA
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TEST:
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CITY CLERK and Ex Officio CI k of the
Council of the City of Bakersfi 0