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HomeMy WebLinkAbout02/06/02 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 6, 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 Councilmembers Carson, Maggard, Couch, Hanson Councilmember Sullivan Salvaggio, Benham ACTION TAKEN WORKSHOP a. Keep Bakersfield Beautiful Committee Update. Stan Ford, Recreation and Parks Director, introduced Kevin Burton and Keep Bakersfield Beautiful Committee Members and presented a video. Committee members presented vests to Councilmembers. City Hall Expansion Alan Tandy, City Manager, gave a brief overview. Raul Rojas, Public Works Director, gave a presentation. Couch referred to Urban Development Committee the issue of City Hall Expansion. Maggard requested staff come back to Council with an analysis of what the cost of current facilities has been and amortize what the cost has been of current facilities, and compare that to a lease option. Hanson requested Public Works Director Rojas provide estimated number of employees working for the City 10-20 years from now. Motion by Salvaggio to recess to Closed Session at APPROVED 6:14 p.m. AB SULLIVAN Bakersfield, California, February 6, 2002 - Page 2 CLOSED SESSION ACTION TAKEN Conference with Labor Negotiator, William Avery, pursuant to Government Code Section 54957.6. Employee organizations: Blue and White ColLar; and re-opener with Management and General Supervisory Groups. NAT Motion by Benham to adjourn from Closed Session at 7:12 p.m. APPROVED AB SULLIVAN REGULAR MEETING INVOCATION by Imam Sayed Rashed, Islamic Center PLEDGE OF ALLEGIANCE by Joshua Cohen, Ist Grade Student, Ronald Reagan Elementary 3. ROLLCALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard, Couch, Hanson Absent: Councilmember Sullivan CLOSED SESSION ACTION Mayor Hall announced there was no reportable Closed Session Action. PRESENTATIONS Mayor Hall presented a Proclamation to Don O'Dell, Treasurer and Debbie Davis, Vice President, of the S.A.F.E. Coalition, proclaiming February 2002, as "Child Passenger Safety and Child Injury Prevention Awareness Month". Mayor Hall presented a Proclamation to Tim Ruiz, President of American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 17-23, 2002 as "National Engineers Week". Bakersfield, California, February 6, 2002 - Page 3 PUBLIC STATEMENTS Wendell Rhodes spoke regarding "In God We Trust". The following individuals spoke regarding Bicycle access on Hageman: John Lotze, South Valley Bicycle Coalition, submitted a letter; Richard Stewart, President, Kern Wheelmen & Bicycle Club; and Victor Lasseter. Benham requested staff make sure that the coalition is included on the plans for the Hageman Flyover. The following individuals spoke regarding Kern Memorial Park: Dale Wilson, President, Kern Veterans Memorial Park Committee; Andy Wahrenbrock; and Daniel Jones. d. Becky Kaiser spoke regarding Annexation Policy. ACTION TAKEN APPOINTMENTS None. CONSENT CALENDAR Minutes: a. January 23, 2002 Council Meeting. Payments: Payments from January 11, to January 25, 2002 in the amount of $6,338,435.41; and Self Insurance payments from January 11, to January 25, 2002 in the amount of $119,972.85. Ordinances: Adoption of Ordinance amending Chapter 15.78 of the Bakersfield Municipal Code relating ot Mitigation for Urban Development Impacts on Endangered Species. (First reading 1/23/02) First reading of Ordinance deleting Chapter 1.12 of the Bakersfield Municipal Code in its entirety and adding a new Chapter 1.12 relating to the establishment of ward boundaries. ORD 4046 FR Bakersfield, California, February 6, 2002 - Page 4 CONSENT CALENDAR continued Hageman Road Planned Major Thoroughfare Area: (Ward 4) Resolution of Intention No. 1263 to establish the Hageman Road Planned Major Thoroughfare Area and preliminarily approving the boundaries of the area and the cost and fee schedule. First reading of Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to bridge crossings and major thoroughfares. Resolutions: Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 432, located at the southwest corner of Jewetta Avenue and Olive Drive. (Ward 4) Assessment District No. 01-3 (Madison Grove/San Lauren/Mountain Vista/West Lake): (Ward 4) Resolution accepting petition and determining to undertake special assessment proceedings. 2. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services. Agreement with Pillsbury Winthrop, LLP, Disclosure Counsel, for legal services. Agreement with Wilson and Associates, for Assessment Engineering. Amend City Attorney's Contract and Change Salary Schedule: Amendment No. 3 to Agreement No. 98- 300 - City Attorney's Contract with Bart Thiltgen. ACTION TAKEN REMOVED FOR SEPARATE CONSlDERATION RES 017-02 RES 018-02 AGR 02-016 AGR 02-017 AGR 02-018 AGR 98-300(3) Bakersfield, California, February 6, 2002 - Page 5 CONSENT CALENDAR continued Amendment No. 2 to Resolution No. 122-01 setting salaries and related benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for City Attorney. Agreements: Consultant's Agreement with Carollo Engineers, $91,300 for engineering services to upgrade the headworks at Wastewater Treatment Plant No. 3. (Ward 6) Agreement to Indemnify LAFCO for City Annexation No. 420, Proceeding 1313 uninhabited territory located north of Taft Highway along the west side of Stine Road. (Ward 6) Agreement to Indemnify LAFCO for City Annexation No. 422, Proceeding 1318 uninhabited territory located north of Reina Road to Snow Road, between Jewetta Avenue and Allen Road. (Ward 4) Agreement to Indemnify LAFCO for City Annexation No. 425, Proceeding 1315 uninhabited territory located north of Reina Road, between Old Farm Road and Alien Road and the southwest corner of Snow Road and Jewetta Avenue. (Ward 4) Agreement to Indemnify LAFCO for City Annexation No. 426, Proceeding 1310 inhabited territory located northwest of the Olive Drive and Jewetta Avenue. (Ward 4) Agreement with Garces Memorial High School for use of Jefferson Park swimming pool. (Ward 2) o. Claims Administration Agreements: Agreement with AIMS for workers' compensation claims management services in the amount of $156,510 for contract year one, and $162,770 for contract year two. ACTION TAKEN RES 122-01(2) AGR 02-019 AGR 02-020 AGR 02-021 AGR 02-022 AGR 02-023 AGR 02-024 AGR 02-025 Bakersfield, California, February 6, 2002 - Page 6 CONSENT CALENDAR continued Agreement with AIMS for general/auto liability claims management services in the amount of $45 per hour. Amendment No. 1 to Agreement No. 97-65 with Kern-Tech, Inc., regarding repayment of economic development loan. (Ward 2) Bids: Accept bid and award Contract to Farm Pump & Irrigation Company, $173,195 for drilling, casing and pump testing one (1) gravel envelope water well, Station CBK 42, for the Water Resources Department. (Ward 4) Roadway widening, striping and traffic signal modification on Brimhall Road between Calloway Drive and Coffee Road: (Ward 4) Accept bid to award Contract to Granite Construction Company in the amount of $503,399 for this project. Appropriate $395,000 Fund Balances to the Capital Improvement Budget within the Sewer Enterprise Fund ($115,000) and the Transportation Development Fund ($280,000). Miscellaneous: Appropriate $18,400 in asset forfeiture revenue to purchase kits for the 9-1-1 For Kids Program. Authorize the addition of a Supervisor I within the General Services Division to provide supervision for the construction, remodels, and emergency responses duties for City buildings. u. Foreclosure Policy for City's Housing Programs. Single Family Housing Rehabilitation Program - Loan Policy. w. 2002 Legislative Platform. ACTION TAKEN AGR 02-026 REMOVED FOR SEPARATE CONSlDERATION CON 02-027 CON 02-028 Bakersfield, California, February 6, 2002 - Page 7 CONSENT CALENDAR continued Approval of Community Development Block Grant (CDBG) Action Plan Amendment No. 9 (FY 98/99), Amendment No. 7 (FY 99/00, Amendment No. 3 (FY 00/01) and Amendment No. 1 (FY 01/02) for the Southeast In-fill Housing Project. (Ward 1) Motion by Salvaggio to adopt Consent Calendar Items a. through x., with separate consideration of Items e. and p. Hageman Road Planned Major Thoroughfare Area: (Ward 4) Resolution of Intention No. 1263 to establish the Hageman Road Planned Major Thoroughfare Area and preliminarily approving the boundaries of the area and the cost and fee schedule. First reading of Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to bridge crossings and major thoroughfares. Motion by Couch to adopt Consent Calendar Item e. and direct staff to work with Cai Trans and explore options to put a bike lane over the Hageman Flyover ACTION TAKEN APPROVED AB SULLIVAN ROI 1263 FR APPROVED AB SULLIVAN Amendment No. 1 to Agreement No. 97-65 with Kern-Tech, Inc., regarding repayment of economic development loan. (Ward 2) Maggard requested staff prepare a report on history of loan re-payments and legal remedies for pursing collection loans. Motion by Maggard to refer Consent Calendar Item p. to Budget & Finance Committee to be brought back to Council at the meeting of March 20, 2002 to consider this particular loan repayment terms, and have a broader policy discussion by the Budget & Finance Committee, then back to Council for further discussion. APPROVED AB SULLIVAN APPROVED AB SULLIVAN HEARINGS a. Bakersfield, California, February 6, 2002 - Page 8 Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102- 34 of Title 17 of the Bakersfield Municipal Code by changing the zoning from an a (Agriculture) zone to a Planned Commercial Development (PCD) zone to allow a Recreational Vehicle Park and related uses on 18.12 acres located on the southwest corner of Pacheco and Wible Roads (No. P01-0762). (Ward 7) Jack Hardisty, Development Services Director, gave a brief update. Hearing opened at 8:25 p.m. No one spoke at hearing. Hearing closed at 8:25 p.m. Salvaggio requested staff inform Nita Bugni, Tony & Cynthia Rodriguez and Dennis & Carol McCoy and neighbors that an 8 foot blockwall will be constructed on the west side to buffer homes. Salvaggio recognized Jim Delmarter, Civil Engineer for Mr. Patterson, who answered questions. Motion by Salvaggio to give first reading of the ordinance and incorporate revisions contained in Development Services Director's memorandum dated January 25, 2002 and direct staff to make the revisions to conditions to be included in the ordinance for second reading. Protest hearing for proposed Assessment District No. 01-2 (Seven Oaks West II/River Walk/Southern Oaks): (Ward 4) Resolution approving Final Engineer's Report, levying assessments, ordering improvements, and authorizing and directing related actions. 2. Resolution determining assessments remaining unpaid. ACTION TAKEN FR APPROVED AB SULLIVAN RES 019-02 RES 029-02 Hearing opened at 8:46 p.m. Bakersfield, California, February 6, 2002 - Page 9 HEARINGS continued b. No one spoke at hearing. Hearing closed at 8:47 p.m. Motion by Couch to override protests and adopt the resolutions. ACTION TAKEN APPROVED AB SULLIVAN Concurrent General Plan Amendment/Zone Change P01-0326: (Ward 6) William Gammon has proposed a General Plan Amendment and an ordinance amendment for approximately 112 acres, located along the west side of Stine Road, between Taft Highway and McKee Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from ER (Estate Residential) to LR (Low Density Residential). Ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map 123-34 from A (Agriculture) to R-1 (One Family Dwelling) on 112 acres. Hearing opened at 8:48 p.m. No one spoke at hearing. Hearing closed at 8:48 p.m. Motion by Salvaggio to adopt the resolution adopting the Negative Declaration and approving the General Plan Amendment and first reading of the ordinance. RES 021-02 FR APPROVED AB SULLIVAN Bakersfield, California, February 6, 2002 - Page 10 HEARINGS continued Concurrent General Plan Amendment/Specific Plan Amendment/Zone Change P01-0684: (Ward 4) Kyie Carter Homes has proposed a General Plan Amendment, Specific Plan Amendment and an ordinance amendment for two sites consisting of approximately .62 acres. Site sizes are 6,479 and 20,685 square feet. The 6,479 square foot site is located approximately 900 feet south of Olive Drive (extended) approximately 250 feet east of the Friant-Kern Canal and approximately 1,000 feet west of Riverlakes Drive. The 20,685 square foot site is located approximately 350 feet south of Olive Drive (extended), approximately 600 feet east of the Friant-Kern Canal and approximately 850 feet west of Riverlakes Drive. Resolution approving the Notice of Determination and adopting the General Plan Amendment to change land use designations from OS-P (Open Space and Recreational Facilities to LMR (Low Medium Density Residential). Resolution approving the Notice of Determination and adopting the Riverlakes Ranch Specific Plan Amendment to change land use designations from OS-P (Open Space and Recreational Facilities) to LMR (Low Medium Density Residential). Ordinance adopting the Notice of Determination and amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 102-8 and 102-17 from OS (Open Space) to R-2 (Limited Multiple- Family Dwelling). Jack Hardisty, Development Services Director gave a brief update. Hearing opened at 8:50 p.m. No one spoke at hearing. Hearing closed at 8:50 p.m. Motion by Couch to adopt the resolution adopting the Notice of Determination and approving the General Plan Amendment, Specific Plan Amendment and first reading of the Ordinance. ACTION TAKEN RES 022-02 RES 023-03 FR APPROVED AB SULLIVAN )33 10. Bakersfield, California, February 6, 2002 - Page 11 REPORTS a. Water Board Report No. 1-02 regarding Energy Task Force Report. Motion by Salvaggio to approve Energy Task Force Report and recommendations 2,3 and 4. ACTION TAKEN APPROVED AB SULLIVAN 11. DEFERRED BUSINESS 12. NEW BUSINESS Resolution directing staff to seek Authorship by Bakersfield Legislators of Legislation which places a member of the Bakersfield City Council upon the Local Agency Formation Commission. Motion by Benham to adopt a resolution directing staff to seek Authorship by ail local Legislators of Legislation which places a member of the Bakersfield City Council upon the Local Agency Formation Commission. Mayor Hall stated he will send a letter to all local legislators encouraging their support. RES 024-02 APPROVED AB SULLIVAN 13. COUNCIL & MAYOR STATEMENTS Maggard requested staff meet with him after the meeting to discuss several code enforcement issues and a public works issue. Maggard requested staff provide him with a date regarding the red light enforcement evaluation. City Manager Tandy stated staff will have a report within two weeks. Couch recognized Keitha Turner, City Clerk's Office, for going the extra mile to assist him. Couch requested Councilmembers Maggard and Salvaggio meet with him immediately following the meeting. Couch stated he gave John Stinson, Assistant City Manager, his referrals. Hanson encouraged staff allocate extra funds for road improvements during this budget preparation. 13. Bakersfield, California, February 6, 2002 - Page 12 COUNCIL & MAYOR STATEMENTS continued Hanson requested staff review playground equipment in City parks and replace if possible. Hanson asked staff what the status of the Bakersfield entry signs. Raul Rojas, Public Works Director responded. Benham referred to Public Works a letter from Mr. Montgomery, in Oleander area, regarding wheel chair ramps, gutter/pot hole repairs, for a response. Benham referred to Recreation and Parks a letter for a response. Carson referred to staff a letter from owner of a club at 823 E. Brundage requesting extension of hours of operation. Carson announced this is Black History Month, the Art Counsel of Kern County will be celebrating Black History on February 8th and Mayor Hall will be issuing a proclamation on February16th at the 4~ Annual African/American Minority House Faire at the Kern County Fair Grounds. Salvaggio thanked City Manager Tandy, and Trudy Slater, Administrative Analyst, for their assistance regarding the daycare center. Salvaggio requested City Attorney Thiltgen update Council on the issue of the confidential memorandum regarding North Kern vs. Kern Delta Public Court Settlement. CityAttorneyThiltgen responded. Salvaggio recommended Mayor Hall as the member and Councilmember Sullivan as a possible backup. Salvaggio referred to Steve Walker, Traffic Engineer, a citizen request for an extra turn lane on So. H Street at White Lane. Salvaggio referred to Public Works the issue of paving on Calcutta between Monitor and So. H Streets. Salvaggio requested staff provide an update on the request for increased (diagonal) parking Downtown on the south side of 17~ Street between N and Q Streets. ACTION TAKEN Bakersfield, California, February 6, 2002 - Page 13 13. COUNCIL & MAYOR STATEMENTS continued Benham requested staff provide an update of the request for additional parking at the Downtown School, 20~ Street block between M and N Streets. Salvaggio referred to a memorandum from City Attorney Thiltgen to Public Works Director Rojas regarding Hershel Brown, and requested staff respond to concerns regarding enclosing the wall at end of cul-de-sac at Fremont and streets damaged by the installation of fiber optics. Salvaggio complimented Mayor Hall regarding a letter he wrote to Mike Leonardo, Cai Trans Director of District Six, regarding quality of highways. Salvaggio referred to Budget and Finance Committee a letter received from BFGC Architects to respond to strong points made regarding indemnity language. ACTION TAKEN 14. ADJOURNMENT Mayor Hall adjourned the ting . MAYOR of'the CTty of Bakersfield, ATTEST: CLERK and Ex Officio Cl~k of the CITY Council of the City of Bakersfield