HomeMy WebLinkAbout01/23/02 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 23, 2002
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 (seated at 5:19
p.m.), Benham, Maggard, Couch, Hanson,
Sullivan (seated at 5:24 p.m.)
None
ACTION TAKEN
2. WORKSHOP
Report by the Office of Emergency Services
regarding the City Council's duties during a local
disaster.
Ron Fraze, Fire Chief, introduced Roy Manning,
State Office of Emergency Services who gave a
report.
Couch requested staff prepare a memorandum
detailing the duties of an Emergency Services
Coordinator and asked ff this position will be
considered during this budget.
Report on Senate Bill 975.
Bart Thiltgen, City Attorney, gave a presentation
on Senate Bill 975 (Prevailing Wage).
Benham referred Senate Bill 975 to Legislative
and Litigation Committee and requested City
Attorney Thiltgen explore if this applies to
charter cities; also encouraged staff to get
creative as to incentives for redevelopment
projects, and requested a report back.
Motion by Salvaggio to recess to Closed Session at
5:59 p.m.
APPROVED
Bakersfield, California, January 23, 2002, Page 2
CLOSED SESSION
Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to Subdivision
(a) of Government Code Section 54947
ACTION TAKEN
Motion by Couch to recess from Closed Session at
6:38 p.m.
APPROVED
REGULAR MEETING
1. INVOCATION by Reverend L. Fisher Hines, Cain Memorial
A.M.E. Church
2. PLEDGE OF ALLEGIANCE by Samantha Smith, Third
Grade Student, Christa McAuliffe Elementary School.
3.
ROLL CALL
Present:
Absent:
Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham
Maggard, Couch, Hanson, Sullivan
None
CLOSED SESSION ACTION
Mayor Hall announced Council will reconvene back to
Closed Session at the end of the Regular Meeting.
PRESENTATIONS
City Manager Tandy welcomed back Stan Grady,
Development Services Director, and thanked Jim Movius
for filling in as Acting Development Services Director.
City Manager Tandy announced Darnell Haynes was
recognized on Monday, January 21, 2002 by the African
American Network and six different individuals and
organizations for continued community service around
Bakersfield.
Mayor Hall presented a Commendation Plaque to
Bob Trammell, MIS Director, in recognition of the
City of Bakersfield receiving a Top Ten Ranking in
the Center for Digital Government's 2001 Digital
Cities Survey.
Bakersfield, California, January 23, 2002, Page 3
PRESENTATIONS continued
Councilmember Mike Maggard, representing the
San Joaquin Valley Air Pollution Control District,
presented a rebate check to the City of
Bakersfield Public Works Department, in the
amount of $95,861 for three dedicated CNG
Street Sweepers.
ACTION TAKEN
PUBLIC STATEMENTS
Ron Fraze, spoke regarding Swift Water Rescue
Boat.
The following individuals spoke regarding naming
a portion of Highway 58 as Rosa Parks Highway:
Rev. Ralph Anthony, President Bakersfield
NAACP; DeVictor King Mason; and Stephanie
Campbell.
The following individuals spoke regarding a Car
Show and Up on Roof, Downtown event: Art
Carlock and Cathy Butler, Downtown Business
Association.
Margaret Abernathy spoke regarding "In God We
Trust" Resolution.
Jack Barber spoke regarding noise barrier for
Smoketree Mobile Home Estates.
Barbara Fields spoke regarding Annexation
Guidelines.
7. APPOINTMENTS
None.
CONSENT CALENDAR
Motion by Carson to add an item which arose after
the agenda was posted and requires action this
evening.
Resolution supporting Assembly Concurrent
Resolution (ARC) no. 136 relative to the Rosa
Parks Highway.
APPROVED
REMOVED FOR
SEPARATE
CONSlDERATION
Bakersfield, California, January 23, 2002, Page 4
CONSENT CALENDAR continued
Minutes:
a. January 9, 2002 Council Meeting.
Payments:
Payments from December 29, 2001 to January
10, 2002 in the amount of $3,141,194.87; and Self
Insurance payments from December 29, 2001 to
January 10, 2002 in the amount of $96,692.18.
Ordinances:
Adopt Ordinance amending Title 17 of the
Bakersfield Municipal Code, Section 17.30.030
(M-2 Zone - Uses Permitted by Conditional Use
Permit), removing language that references
dairies, stockyards and other animal confinement
uses. (First reading 1/9/02)
Adopt Ordinance adopting the Negative
Declaration and amending Section 17.06.020 of
Title 17 of the Bakersfield Municipal Code and
Zoning Map 102-21 from R-1 (One Family
Dwelling) to M-1 (Light Manufacturing) zone on
1.7 acres located north of Meany Avenue, west of
Patton Way. (ZC No. P01-0793) (First reading
1/9/02) (Ward 4)
Resolutions:
Resolution supporting passage of Proposition 40,
California Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Act
of 2002.
Resolution supporting Proposition 42, which would
allocate a portion of the existing sales tax on
gasoline to cities and counties to be used for
transportation improvements.
Resolution encouraging the State of California to
implement the Federal Economic Growth and Tax
Relief Reconciliation Act (EGTRRA) of 2001.
(Deferred Compensation)
ACTION TAKEN
ORD 4044
ORD 4045
RES 009-02
REMOVED FOR
SEPARATE
CONSlDERATION
RES 011-02
Bakersfield, California, January 23, 2002, Page 5
CONSENT CALENDAR continued
Resolution of Application proposing proceedings
for annexation of uninhabited territory to the City
of Bakersfield, property identified as Annexation
No. 431, located at the northwest corner of
Jewetta Avenue and Brimhall Road. (Ward 4)
i. Digital Aerial Imagery:
Resolution determining that certain Digital
Aerial Imagery compatible with
PhotoMapper~ software cannot be
reasonably obtained through usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefor,
not to exceed $85,000.
Agreement with AirPhoto USA, $85,000 to
update digital aerial images of
Metropolitan Bakersfield which are
compatible with PhotoMapper~) software.
Agreements:
j. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements
with Castle and Cooke California, Inc. for
Tract 5928, Phase G, located north of
White Lane, west of Buena Vista Road.
(Ward 4)
Improvement Agreement with The
Heidrick/Rose Living Trust dated July 28,
1998, Rajendra A. Patel and Daxa R.
Patel, Viral Y. Uehta and Shetal Uehta,
and Hormuz Irani and Rhoda Irani for
Parcel Map 10821, located at the
southwest corner of Truxtun Avenue and
Truxtun Plaza East. (Ward 5)
Agreement with Metropolitan Recycling
Corporation for a one-year curbside recycling pilot
program from April 1, 2002 to March 31, 2003.
(Wards 1,2,4,5,7)
ACTION TAKEN
RES 012-02
RES 013-02
AGR O2-OO4
AGR 02-005
AGR 02-006
AGR 02-007
AGR 02-008
I. Agreement with Pepsi Bottling Group to provide AGR 02-009
vending machines in public parks.
Bakersfield, California, January 23, 2002, Page 6
CONSENT CALENDAR continued
m. Property Acquisition: (Ward 2)
Purchase Agreement with Ruth Z.
Wiikerson, Trustee of the Ruth Z.
Wilkerson Trust, dated May 19, 1984,
$75,000 to purchase real property at 1001
13th Street.
Purchase Agreement with William E.
Pierson Jr. and Mildred Pierson, Trustees
of the Pierson Family Trust, dated
November 22, 1996 and Ruth Brown,
$55,000 to purchase real property at 1007
13th Street.
Appropriate and transfer $156,535 the net
proceeds from the sale of a portion of the
Wastewater Treatment Plant No. 1 site,
demolished in the late 1970's to the Off-
Street Parking Fund for land acquisition,
closing costs, relocation assistance,
demolition and holding costs.
Agreement with the Raymond T. and Imogene W.
Taylor to purchase real property located at 1300
O Street for $65,000 of Community Development
Block Grant Funds. (Ward 2)
Consultant's Agreement with RRM Design Group
for Architectural and Engineering Services,
$350,000 for Fire Station No. 15 and West
Bakersfield Police Substation on Buena Vista
Road at Deer Peak Drive. (Ward 4)
Amendment No. I to Reimbursement Agreement
No. 00-292 with the Bakersfield Christian High
School Foundation, $37,000 for a total contract
amount of $138,155.20, for construction of a
landscaped median island on Stockdale Highway,
east of Allen Road. (Ward 4)
Bids:
Accept bid from Lortz Manufacturing, $25,891.49
for culvert pipe.
ACTION TAKEN
AGR 02-010
DEED 5586
A GR 02-011
DEED 5587
AGR 02-012
DEED 5588
REMOVED FOR
SEPARATE
CONSlDERATION
AGR 0i%292(1)
r. Reject all bids for Articulated Trencher for Public
Works.
Bakersfield, California, January 23, 2002, Page 7
CONSENT CALENDAR continued
Brimhall Road Sewer - Westdale Drive to Allen
Road. (Ward 4)
Accept bid to award contract to Mauldin-
Dorfmeier Construction Inc. $682,000.
Agreement with the County of Kern to
connect existing dry sewer system within
the County right-of-way to the City sewer
system, not to exceed $97,000.
Appropriate $97,000 County share of
project cost and $678,000 fund balance to
the Capital Improvement Program Budget
within the Sewer Enterprise Fund.
Miscellaneous:
Approve sewer user fees for hospitals to remain
on the flat rate schedule versus a fee based upon
actual flow.
Accept $2,807 for a Swift Water Rescue Boat
from Hall Ambulance Company.
Appropriate $2,807 to the Fi re Department
Operating Budget within the General
Fund.
Request by Councilmember David Couch
regarding opposing Assembly Bill 680 relating to
Sales Tax Redistribution.
ACTION TAKEN
CON 02-014
AGR 02-015
REFERRED TO
LEGISLATIVE AND
LITIGATION
COMMITTEE
Request by Councilmember David Couch
regarding implementing the Clean Up Bakersfield
(CUB) program in cooperation with the Cub
Scouts.
Motion by Salvaggio to adopt Consent Calendar Items
a. through w. with the addition of Item x. and separate
consideration of Items f., o., and x.
REFERRED TO
COMMUNITY SERVlCES
COMMITTEE
APPROVED
Bakersfield, California, January 23, 2002, Page 8
CONSENT CALENDAR continued
Resolution supporting Proposition 42, which would
allocate a portion of the existing sales tax on
gasoline to cities and counties to be used for
transportation improvements.
Motion by Couch to adopt Consent Calendar Item f.
ACTION TAKEN
RES 010-02
APPROVED
Consultant's Agreement with RRM Design Group
for Architectural and Engineering Services,
$350,000 for Fire Station No. 15 and West
Bakersfield Police Substation on Buena Vista
Road at Deer Peak Drive. (Ward 4)
Couch requested staff talk with the two gentlemen
who sent the letter and explain specifics why one firm
was chosen over another, also staff possibly revisit
the manner in which contracts are awarded.
Maggard referred to staff and Budget & Finance
Committee the issues of "scoping" selection
process, how we weigh experience and mitigation of
risk language within the contracts
Motion by Couch to adopt Consent Calendar Item o.
AGR 02-013
APPROVED
Resolution supporting Assembly Concurrent
Resolution (ARC) No. 136 relative to the Rosa
Parks Highway.
Motion by Carson to adopt Consent Calendar Item x.
RES 008-02
APPROVED
HEARINGS
a. Underground Utility District: (Ward 4)
Public hearing as required by Resolution
of Intention No. 1262 declaring the City's
intention to order the establishment of
Underground Utility District No. 2, Division
29. (Buena Vista Stockdale)
Resolution establishing Underground
Utility District No. 2, Division 29. (Buena
Vista, Stockdale)
Hearing opened at 8:10 p.m.
RES 014-02
No one spoke at hearing.
Bakersfield, California, January 23, 2002, Page 9
HEARINGS continued
a. Hearing closed at 8:10 p.m.
Motion by Couch to override protests and
adopt resolution establishing Underground
Utility District No. 2, Division 29, (Buena Vista,
Stockdale).
ACTION TAKEN
APPROVED
Negative Declaration with mitigation measures for
the White Lane/Highway 99 Interchange
Reconstruction Project. (Ward 7)
Raul Rojas, Public Works Director, introduced
Steve Walker, Traffic Engineer, who gave a
presentation of the project.
Hearing opened at 8:16 p.m.
No one spoke at hearing.
Hearing closed at 8:16 p.m.
Motion by Salvaggio to adopt the resolution
approving the Negative Declaration, with
mitigation measures, for the White
Lane/Highway 99 Interchange Reconstruction
Project.
RES 015-02
APPROVED
Ordinance amending Chapter 15.78 of the
Bakersfield Municipal Code relating to mitigation
for Urban Development Impacts on Endangered
species.
Resolution approving and adopting
amended fees pursuant to Chapter 15.78
of the Bakersfield Municipal Code relating
to the Metropolitan Bakersfield Habitat
Conservation Plan Mitigation Program.
Hearing opened at 8:23 p.m.
Arthur Unger, Kern Kaweah Chapter Sierra Club,
spoke in opposition of staff recommendation.
Hearing closed at 8:28 p.m.
RES 016-02
Motion by Salvaggio to give first reading of the APPROVED
ordinance and adopt the resolution.
10. REPORTS
None.
Bakersfield, California, January 23, 2002, Page 10
ACTION TAKEN
11.
DEFERRED BUSINESS
None.
12. NEW BUSINESS
None.
13.
COUNCIL & MAYOR STATEMENTS
Maggard requested Raul Rojas, Jack Hardisty, Stan
Ford and Greg Klimko meet with him after the
meeting.
Benham stated item 8.k agreement with Metropolitan
Recycling was approved and thanked staff for their work
and Council for supporting the curbside recycling program
Benham requested Code Enforcement provide an
update report regarding the Rankin Hotel
Benham requested Police Department enforcement
and a Public Works report regarding speeding
problems on lg" and 21s' Streets, between Oak and C
Streets.
Benham expressed appreciation and thanked the Police
Department for the DARE School Program.
Hanson asked if staff has discussed the possibility of
meeting on a Saturday for a goal setting session. Tandy
responded and stated this issue will be on the next
agenda for discussion.
Hanson referred to staff the property at Ming and
Cantor Way and asked to be kept apprized of that
issue. Hardisty gave a brief update,
Hanson asked staff if there was a way to cut down on
the paperwork.
Sullivan read a letter in support of "In God We Trust" and
announced the issue of placing patriotic slogans at City
Hall will be discussed at the Community Services
Committee meeting on Friday, 1/25/02 in the City
Manager's Conference Room and 12:00 noon.
13.
Bakersfield, California, January 23, 2002, Page 11
COUNCIL & MAYOR STATEMENTS continued
Couch thanked Mayor Hall for his $2,807 contribution for
the swift water rescue boat.
Couch stated the Legislative and Litigation Sub
Committee met again regarding the annexation policies
and will forward a recommendation to the Legislative and
Litigation Committee, then to Council.
Couch referred to Legislative and Litigation
Committee the issue of the make up of LAFCO.
Couch asked Council consider adopting a resolution
in support of the ERAF capping bills, supported by
California League of Cities.
Couch requested Development Services Director
Hardisty meet with him some time next week
regarding the tree ordinance.
Carson thanked colleagues for their support of the
resolution renaming portion of Highway 58 to Rosa Parks
Highway.
Salvaggio thanked Bill Carter, Kern County Housing
Authority, for the construction work at Plaza Towers, on
Wilson Road.
Salvaggio referred to Public Works the issue of
graffiti on the bus stop enclosure in front of Plaza
Towers on Wilson Road.
Salvaggio thanked Public Works Director Rojas for
the memo regarding graffiti on control boxes, and
stated there is still graffiti on the control boxes in the
median on So. H., north of Wilson Road.
Salvaggio submitted to City Manager Tandy, a letter
from Mr. & Mrs. Overton regarding noise from
adjacent daycare center, for a response.
Salvaggio thanked Public Works Streets Department
for the street crack sealing repairs on Plsnz and
Wilson, and referred street crack sealing on Ming
between So. H and Hughes Lane.
Salvaggio referred to Public Works Engineer a letter
from Tom Carrosella regarding increasing parking
Downtown.
ACTION TAKEN
13.
Bakersfield, California, January 23, 2002, Page 12
COUNCIL & MAYOR STATEMENTS continued
Mayor Hall stated he attended a community meeting on
community development for the Baker Street area and
commended Economic Development Director Kunz and
Counciimember Benham for their efforts.
Mayor Hall stated he attended a High Speed Rail meeting
in Sacramento and will continue to attend these meetings,
also stated he feels an effort to gain citizen support is
necessary.
Motion by Salvaggio to recess from the regular
meeting at 9:06 p.m. back to Closed Session.
CLOSED SESSION continued
Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to Subdivision
(a) of Government Code Section 54947
Motion by Salvaggio to adjourn from Closed Session
at 9:43 p.m.
Mayor Hall announced the following Closed Session
Action, Council decided by a vote of 7-0 that the
employment contract with the City Attorney, Bart Thiltgen
be amended as follows:
· Increase in monthly salary of four percent (4%) to
result in a monthly salary of $11,631.
· Increase in the amount of City contributed
deferred compensation upto maximum allowed by
law in 2002;
· A change to the severance package associated
with involuntary termination of employment.
· The City Attorney was directed to prepare and
provide to the Council, at the next Council
meeting, the appropriate amendments to the
employment contract with the City Attorney.
AC~ON TAKEN
APPROVED
APPROVED
14. ADJOURNMENT
MAYO~ of the City of Bakersfield,
ATTEST:
and Ex Officio Cler~/of the
CITY
CLERK
Council of the City of Bakersfield