HomeMy WebLinkAbout02/20/02 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 20, 2002
Council Chambers, City Hall, 1501 Truxtun Avenue
Prs-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 5:38
p.m.), Benham, Maggard, Couch, Hanson
Sullivan
None
ACTION TAKEN
2. WORKSHOP
Report on Status of Red Light Camera
Enforcement Project.
John Stinson, Assistant City Manager, gave a
report on the project. Steve Walker, Traffic
Engineer provided additional information and
answered questions.
Police Chief Matlock was recognized to answer
questions.
Maggard requested staff provide a list of the
top 15-20 intersections to be targeted and the
date when the trial period will commence.
Motion by Salvaggio to recess to Closed Session at
5:41 p.m.
APPROVED
CLOSED SESSION
Public Employee Pedormance Evaluation - City
Manager, Closed Session pursuant to Subdivision
(a) of Government Code Section 54957.
CONTINUED TO NEXT
MEETING
Bakerstield, California, February 20, 2002 - Page 2
3. CLOSED SESSION continued
Conference with Legal Counsel Existing
Litigation, Closed Session pursuant to Subdivision
(a) of Government Code Section 54956.9; North
Kern Water Storage District vs. Kern Delta Water
District, et al.; Tulare County Superior Court Case
No. 96-172919 (This item is contingent on the
results of settlement conference to be held on
Feb. 19, 2002)
Motion by Salvaggio to adjourn from Closed Session
at 6:55 p.m.
REGULAR MEETING
INVOCATION by Rev. Angelo Frazier, Bakersfield Rescue
Mission
PLEDGE OF ALLEGIANCE by David Hodson, 6th Grade
Student, Stockdale Elementary
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 Closed Session Item b., was
deleted from the agenda and Item a. was continued to the
next Council meeting.
5. PRESENTATIONS
Councilmember David Couch presented a
Certificate of Achievement to Sturgeon & Son,
Inc., family in recognition of 75 years of doing
business in the community.
Presentation by Mayor Hall of Recognition
Certificates to the Centennial High School team
members of the "We the People... The Citizen and
the Constitution" competition.
Pamela McCarthy, Secretary/Treasurer of
CEWARE presented rose and memento to
Councilmember Senham who was an honoree of
the Susan B. Anthony Women of Distinction.
ACTION TAKEN
DELETED
APPROVED
DELETED
Bakersfield, California, February 20, 2002 - Page 3
PUBLIC STATEMENTS
Carola Enriquez, Kern County Museum,
presented a new Kern County History Book to
Council.
The following individuals spoke regarding Vision
2020: John Pryor and B.A. Jinadu.
Stuart Gentry spoke regarding bonding and
submitted written material.
Stephanie Campbell spoke regarding Consent
Calendar Item y. (Chaparral Motel)
The following individuals spoke regarding
annexation guidelines: Barbara Fowler, Becky
Kaiser and Barbara Fields.
The following individuals spoke in support of "In
God we Trust" motto: David Williams, submitted
written material; Jane Prewett; and Norma
Holmes.
The following individuals spoke in opposition of
"In God we Trust" motto: Scott & Cheryl Grimm;
Ricardo Perugoria; Stanley Simrin; Phil Rudnick;
Justin Mirelez; Janeil Mahoney; Wendy Wayne
and Mike Miller.
AC~ON TAKEN
APPOINTMENTS
One appointment to the Board of Building Appeals
due to a vacancy by Judith Martin.
Ward I - Shelton
Ward 2 - Shelton
Ward 3- Shelton
Ward 4 - Shelton
Ward 5 - Simpson
Ward 6 - SheltOn
Ward 7 - Shelton
Motion by Salvaggio to appoint Kenneth A.
Shelton to the Board of Building Appeals, no
term specified.
APPROVED
Bakersfield, California, February 20, 2002 - Page 4
CONSENT CALENDAR
Minutes:
a. February 6, 2002 Council Meeting.
Payments:
Payments from January 26, to February 7, 2002
in the amount of $6,662,016.20; and Self
Insurance payments from January 26, to February
7, 2002 in the amount of $123,496.04.
Ordinances:
Adoption of Ordinance amending Section
17.06.020 of Title 17 of the Bakersfield Municipal
Code and Zoning Map Nos. 102-08 and 102-17
from OS (Open Space) to R-2 (Limited Multiple-
Family Dwelling) on two site consisting of .62
acres (6,479 and 20,685 sq. ft.). 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. (P01-0684) (Ward
4)(First reading 2/6/02)
Adoption of Ordinance deleting Chapter 1.12 of
the Bakersfield Municipal Code in its entirety and
adding thereto a new Chapter 1.12 relating to the
establishment of ward boundaries. (First reading
2/6/02)
Adoption of 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. (ZC P01-0326) (Ward 6)
(First reading 2/6/02)
ACTION TAKEN
ORD 4047
ORD 4048
ORD 4049
Bakersfield, California, February 20, 2002 - Page 5
CONSENT CALENDAR continued
Adoption of Ordinance adopting the 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. (ZC P01-0762) (Ward
7) (First reading 2/6/02)
First Reading of an Ordinance adopting a
Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-18) of Title 17 of
the Bakersfield Municipal Code by changing the
zoning from Agriculture-20 acre minimum (A-20A)
to One Family Dwelling (R-l) on 64.14 acres
located north of Pacheco Road, east of Mountain
Vista Drive (ZC P01-0898) (Ward 4)
Resolutions:
Resolution of Intention No. 1265 ordering the
vacation of the five foot wide pedestrian easement
at the north end of Verdant Court in Tract No.
4110.
Resolution proposing Expansion No. 17 of the
boundaries of the Southeast Metropolitan
Bakersfield Enterprise Zone. (Ward 1)
j. Assessment District Software:
Resolution determining that certain
Assessment District Software cannot be
reasonably obtained through usual bidding
procedures and authorizing the Finance
Director to dispense with bidding
therefore, not to exceed $33,000.
Agreement with NBS Government Finance
Group (NBS/GFG) to purchase
Assessment District Software.
Amendment No. 1 to Resolution No. 004-02
authorizing access to Sales and Use Tax
Records.
ACTION TAKEN
ORD 4050
FR
ROI 1265
RES 025-02
RES 026-02
AGR 02-029
RES 004-02(1)
Bakersfield, California, February 20, 2002 - Page 6
CONSENT CALENDAR continued
Agreements:
I. Tract Maps/Improvement Agreements:
1.
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5430, Phase J, located north of
White Lane, west of Old River Road. (Ward
4)
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5430, Phase K, located north of
White Lane, west of Old River Road. (Ward
4)
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5827, Phase H, located south of
Brimhall Road, west of Verdugo Lane.
(Ward 4)
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5827, Phase I, located south of
Brimhall Road, west of Verdugo Lane.
(Ward 4)
Agreement with California City Fire Department,
an incorporated City government, to purchase two
used police sedans from the City for $1,500 each,
total of $3,000.
Agreement to Indemnify LAFCO for City
Annexation No. 421, Proceeding 1314, uninhabited
territory located along the north side of Brimhall
Road near Verdugo Lane. (Ward 4)
Agreement to Indemnify LAFCO for City
Annexation No. 423, uninhabited territory located
southeast of Castro Lane and Talisman Drive.
(Ward 7)
Agreement to Indemnify LAFCO for City
Annexation No. 424, uninhabited territory located
along the south side of Hosking Road, west of
Union Avenue. (Ward 7)
Agreement to Indemnify LAFCO for City
Annexation No. 427, Proceeding 1311 inhabited
territory located southeast of Olive Drive and Allen
Road. (Ward 4)
ACTION TAKEN
AGR 02-030
AGR 02-031
AGR 02-032
AGR 02-033
AGR 02-034
AGR 02-035
AGR 02-036
AGR 02-037
AGR 02-038
Bakersfield, California, February 20, 2002 - Page 7
CONSENT CALENDAR continued
r. Agreements for purchase of surplus property:
1. Agreement for purchase of surplus
property by Westminster Presbyterian
Church.
Agreement for purchase of surplus
property by Bakersfield Police Activity
League (PAL).
Agreement with DBL Entertainment, in an amount
not to exceed $166,000, to book and produce acts
for the Rockin' By The River Summer concert
series for 2002-2005. (Ward 5)
Agreement with Bakersfield Senior Center for
$495,000 in HOME Investment Partnership -
Community Housing Development Organization
(CHDO) funds to construct an 80 unit Senior
Housing Project located at R and 5th Street. (Ward
1)
Agreement with Riptide Aquatics for use of
Jefferson Park swimming pool. (Ward 2)
v. Real Property Purchase: (Ward 2)
Agreement with Pearl C. Sanford, Co-
Trustee of Sanford Living Trust to
purchase real property located at 1275 P
Street for $95,000 of Community
Development Block Grant Funds.
Agreement with Don and Jane Ambriz to
purchase real property located at 1301 Q
Street for $132,000 of Community
Development Block Grant Funds.
Amendment No. 1 to Agreement No. 01-143 with
Sturgeon & Son Inc. to add $190,000 (for a total
annual contract amount of $406,000) to provide
imported material to complete rough grading on
32-Acre Park Site.
Amendment No. 1 to Agreement No. 01-045 with
Loop Electric to add $20,000 (for a total contract
amount of $45,000) for vehicle loop cutting
services at various intersections within the City.
ACTION TAKEN
AGR O2-039
AGR 02-040
REMOVED FOR
SEPARATE
CONSlDERATION
AGR 02-042
DEED 5600
DEED 5601
DEED 5602
DEED 5603
DEED 5604
AGR 02-043
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 01-143(1)
AGR 01-045(1)
Bakersfield, California, February 20, 2002 - Page 8
CONSENT CALENDAR continued
Bids:
Demolition of Improvements at 333 Union Avenue
(Chaparral Motel): (Ward 1)
Accept bid to award Contract to Abateco in
the amount of $177,500 for the Demolition
of Improvements at 333 Union Avenue.
Appropriate $177,500 from Southeast
Bakersfield Redevelopment Area available
current revenue to the Redevelopment
Agency Operating Budget.
Agreement between Bakersfield
Redevelopment Agency and the City of
Bakersfield to reimburse for the demolition
of 333 Union Avenue from the Southeast
Bakersfield Capital Improvement Budget,
totaling $177,500.
Accept bid to award contract to Kern Valley
Construction in the amount of $116,352 for the
construction of a metal building at 130 Sumner
Street for the City of Bakersfield's Recreation and
Parks Division. (Ward 2)
aa.
Accept bid to award contract to S & K Theatrical
Draperies, Incorporated, $88,157.03 to furnish
and install stage curtains (Grand Drape) at the
Convention Center.
bb.
Accept bid from Flashco, Incorporated,
$34,174.74 for two trailer mounted message
boards for the Public Works Department.
cc.
Accept bid from Jim Burke Ford, $32,665.48 for
tWO mid size pickups with extended cabs for
Public Works Department. (additional)
Miscellaneous:
dd.
Appropriate $126,000 Park Improvement Fund
Balance to the Non-Departmental Operating
Budget to reimburse the Developer of River Oaks
Ranch Park for development of the park. (Ward 4)
ACTION TAKEN
DELETED
CON 02-046
CON 02-047
Bakersfield, California, February 20, 2002 - Page 9
CONSENT CALENDAR continued
ee.
Appropriate $76,000 Southeast Bakersfield
Project Area Tax Increment to the Bakersfield
Redevelopment Agency Operating Budget for
consultant agreement for the Southeast
Bakersfield Community Strategic Plan. (Ward 1)
ff.
Transfer of $10,000 from the Council Contingency
to the Non-Departmental Operating Budget within
the General Fund for a retreat and a community
forum conducted by Phillip Graham, Ph.D.,
Research Health Analyst, Research Triangle
Institute of Durham, North Carolina.
gg.
Authorization to convert two Temporary Clerk
Typist I positions to one Regular Full-Time Clerk
Typist I position. (City Clerk Division)
hh.
Revised Job Specification: Wastewater Treatment
Plant Operator I.
ii.
Acceptance of 2000-01 Transportation
Development Act Funds Financial Statements.
jj.
Request by Councilmember David Couch to
develop a Long Term Financial Plan for the City.
kk.
Approval of setting a Closed Session hearing date
for April 10, 2002 to consider an Appeal of the
Revocation of Taxi Permit.
II.
Contract with Brown Armstrong, Certified Public
Accountants, not to exceed $42,000 for allen
Road Sewer Project (Scales Construction).
Couch announced possible conflict of interest on Consent
Calendar Item w. due to source of income.
Maggard announced possible conflict of interest on
Consent Calendar Item s. due to a potential perceived
conflict and Consent Calendar Item x. due to potential
source of income.
Motion by Salvaggio to adopt Consent Calendar Items
a thru II. with the deletion Items y. and ee., and
separate consideration of Consent Calendar Items s.
and v.
ACTION TAKEN
DELETED
REFERRED TO
BUDGETAND FINANCE
COMMITTEE
REFERRED TO
BUDGET AND FINANCE
COMMITTEE
CON 02-048
APPROVED
Bakersfield, California, February 20, 2002 - Page 10
CONSENT CALENDAR continued
Agreement with DBL Entertainment, in an amount
not to exceed $166,000, to book and produce acts
for the Rockin' By The River Summer concert
series for 2002-2005. (ward 5)
Motion by Hanson to adopt Consent Calendar Item s.
Real Property Purchase: (Ward 2)
Agreement with Pearl C. Sanford, Co-
Trustee of Sanford Living Trust to
purchase real property located at 1275 P
Street for $95,000 of Community
Development Block Grant Funds.
Agreement with Don and Jane Ambriz to
purchase real property located at 1301 Q
Street for $132,000 of Community
Development Block Grant Funds.
Motion by Hanson to adopt Consent Calendar Item v.
ACTION TAKEN
AGR 02-041
APPROVED
AB MAGGARD
AGR 02-044
DEED 5605
AGR 02-045
DEED 5606
APPROVED
HEARINGS
Hearing as required by Resolution of Intention No.
1263 regarding the Hageman Road Planned
Major Thoroughfare Area: (Ward 4)
Resolution adopting the Hageman Road
Planned Major Thoroughfare Area and
making findings thereto:
Adoption of Ordinance amending Section
16.32.060 of the Bakersfield Municipal
Code relating to Bridge Crossings and
Major Thoroughfares (First reading
2/6/02)
Raul Rojas, Public Works Director, gave a brief
update.
Hearing opened at 8:37 p.m.
Tom Fallgatter, representing Equilon, spoke in
support of staff recommendation.
Hearing closed at 8:39 p.m.
RES 027-02
RES 4051
Motion by Couch to override protests and
APPROVED
adopt the resolution and ordinance.
Bakersfield, California, February 20, 2002 - Page 11
HEARINGS continued
b. Resolution making findings and updating the
Capital Improvement Plan for the Metropolitan
Bakersfield Habitat Conservation Plan.
Jack Hardisty, Development Services Director,
gave a brief update.
Hearing opened at 8:41 p.m.
Dennis Fox spoke in support of staff
recommendation.
Hearing closed at 8:44 p.m.
Motion by Salvaggio to adopt the resolution.
Mayor Hall recessed the meeting at 8:45 p.m. and
reconvened at 9:00 p.m.
ACTION TAKEN
RES 028-02
APPROVED
10.
REPORTS
a. Community Services Committee Reports:
Majority Report No. 1-02 regarding
Placement of Patriotic Documents in City
Hall; Establishment of a Liberty Garden;
and Placement of "in God We Trust" on
City Hall.
Minority Report No. 1-02 regarding
Placement of "In God We Trust" on City
Hall
City Clerk McCarthy announced correspondence
has been received prior to this meeting, 1,222 in
support and 4 in opposition.
Motion by Benham to suspend the rules of the
agenda, to allow separate treatment of the
topics in Item 10.a. 1. and to allow public
comment on the Liberty Garden and motto.
Motion by Sullivan to accept Majority Report
No. 1-02.
Motion by Benham to accept Minority Report
No. 1-02
APPROVED
APPROVED
APPROVED
10.
10.
Bakersfield, California, February 20, 2002 - Page 12
REPORTS continued
The following individuals spoke in support of
establishing a Liberty Garden: Vic Mabry,
President Bakersfield Firefighters Labor
Organization, and Ken Blanton, President Kern
County Fighters Local 1301.
Motion by Sullivan to approved establishment
of a Liberty Garden with the Keep Bakersfield
Beautiful Committee establishing the concept.
Motion by Sullivan to have staff work with
Community Services Committee on concept of
patriotic documents in City Hall.
Mayor Hall re-opened Public Statements to discuss the
placement of the slogan "In God we Trust" in City Hall
PUBLIC STATEMENTS continued
The following individuals spoke in opposition of
placing "In God We Trust" motto at City Hall: Jane
Prewett and Marty Wineberg.
The following individuals spoke in support of
placing "In God We Trusf' motto at City Hall:
Cheryl Rhodes, Marvin Dean, Jean Miller, Norm
Campbell, Kenny Rodriguez, Bob Hodel, Bill
Bonderon, Scott Rhodes, James McDowell,
Wendell Rhodes, Denice Gary Pandol, Malcolm
Mossman and Keith Fultz.
Motion by Benham to approve an inclusive
statement to post above City Hall either
"United We Stand" or E Pluribus Unum"
Substitute motion by Carson to adopt the
National motto "In God We Trust" and include
"E Pluribus Unum" with the English
translation.
REPORTS continued
Legislative and Litigation Committee Repod No.
1-02 regarding Resolution Amending and
Reaffirming City's Annexation Mission Statement
and Establishing a Pre-application Process for
Annexations.
.ACTION TAKEN
APPROVED
APPROVED
NAT
APPROVED
NS BENHAM
RES 029-02
Motion by Benham to accept the report and APPROVED
adopt the resolution. NS HANSON
11.
Bakersfield, California, February 20, 2002 - Page 13
DEFERRED BUSINESS ACTION TAKEN
None.
12.
NEW BUSINESS
a. City Council Goal Setting Session.
Motion by Benham to direct staff to schedule
the next three workshops as City Council Goal
Setting Sessions.
APPROVED
13.
COUNCIL & MAYOR STATEMENTS
Couch gave referrals to Assistant City Manager
Stinson.
Carson requested staff provide clarification regarding
the relocation efforts of Vision Homes, one particular
renter, using her property as a business, if there
would be a change in allocation she would receive in
addition to the renter's portion.
Carson announced the groundbreaking ceremony for the
Food 4-Less on California Avenue at Union Avenue, will
be on Tuesday, February 26, 2002 at 11:00 a.m.
Hanson congratulated Mike Maggard for stepping up and
addressing the tough issue.
Hanson requested staff make an effort to speed-up
the removal of power poles and improvements to
medians on Stockdale Highway, between California
Avenue and Ashe Road, and Ashe Road to Coffee
Road.
Hanson requested Stan Ford, Recreation & Parks
Director meet with him tomorrow regarding the Kern
City monument issue.
Benham referenced a letter to Jack LaRochelle,
Assistant Public Works Director, dated February
from Dr. Sriranahe Khe, at Cai State regarding
suggestions for easing traffic on 23~d and 24~h Streets
and requested to see Mr. LaRochelle'a response.
5O
Bakersfield, California, February 20, 2002 - Page 14
13.
COUNCIL & MAYOR STATEMENTS continued
Maggard referred to Public Works an e-mail from
Greg Iger regarding the issue of trash and abuse of
use of open space above Goodmanville Road on the
west side of Alfred Harrel Highway, also requested
staff contact Mr. Iger regarding this issue.
Sullivan thanked Councilmembers for their position
tonight regarding City motto, and stated this issue will be
going to Community Services Committee for details.
Salvaggio referred to staff a letter from Denise
Kincheloe for assistance and response.
Salvaggio stated he had spoken with Steve Walker,
Traffic Engineer, regarding a letter he received
regarding a "No Right Turn" at Wible and Panama
Lane and asked if the sign has been removed and
requested staff provide the status of this issue.
Salvaggio thanked Public Works for the right turn
lane at South H and White Lane; the update regarding
the paving on Calcutta; and response to Hershal
Brown regarding wall, and asked staff contact the
shopping center owner(s) to close-in the rest of the
wall.
Salvaggio acknowledged City Manager Tandy, City
Attorney Thiltgen, Assistant City Attorney Daniel, Water
Resources Director Bogart, and Water Resources
Director Core for doing a great job representing the City
at the North Kern vs. Kern Delta Appellant settlement
conference.
Mayor Hall commended Keep Bakersfield Beautiful
Committee for planting 40 trees at Martin Luther King Jr.
Park on February 9t", with the assistance of 76
volunteers.
Mayor Hall thanked Police Chief Matlock for the very
informative Three-Year Analysis Gang Violence Report.
Mayor Hall commended Recreation & Parks Department
for receiving the Gold National Aquatics Safety Award for
2001 for outstanding aquatic safety they provided in City
public pools. They will also be recognized on February
28th by Kern Council of Governments for a Regional
Award of Merit recognizing the Fun on the Run Program.
ACTION TAKEN
13.
14.
Bakersfield, California, February 20, 2002 - Page 15
COUNCIL & MAYOR STATEMENTS continued
Mayor Hall commended staff present at the North Kern
vs. Kern Delta Appellant settlement conference.
ADJOURNMENT
MayorHalladjourned~~~ p~~
ATTEST:
CITY CLERK and Ex Officio Cl~k of the
Council of the City of Bakersfie~t'd
ACTION TAKEN